CS for CS for SB 374                            Second Engrossed
       
       
       
       
       
       
       
       
       2017374e2
       
    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         1001.44, F.S.; providing the primary mission of a
   66         career center operated by a district school board;
   67         amending s. 1001.60, F.S.; conforming provisions to
   68         changes made by the act; creating s. 1001.601, F.S.;
   69         establishing the State Board of Community Colleges;
   70         providing the membership of the board; creating s.
   71         1001.602, F.S.; providing the responsibilities and
   72         duties of the State Board of Community Colleges;
   73         requiring the board to coordinate with the State Board
   74         of Education; amending ss. 1001.61, 1001.64, and
   75         1001.65, F.S.; conforming provisions to changes made
   76         by the act; amending s. 1002.34, F.S.; providing the
   77         primary mission of a charter technical career center;
   78         requiring the State Board of Education to adopt rules;
   79         amending s. 1003.491, F.S.; revising the Florida
   80         Career and Professional Education Act to require the
   81         State Board of Community Colleges to recommend,
   82         jointly with the Board of Governors and the
   83         Commissioner of Education, certain deadlines for new
   84         core courses; amending s. 1003.493, F.S.; revising
   85         department duties regarding articulation and the
   86         transfer of credits to postsecondary institutions to
   87         include consultation with the State Board of Community
   88         Colleges; amending s. 1004.015, F.S.; providing that
   89         the Higher Education Coordinating Council serves as an
   90         advisory board to, in addition to other bodies, the
   91         State Board of Community Colleges; revising council
   92         reporting requirements to include a report to the
   93         State Board of Community Colleges; requiring the State
   94         Board of Community Colleges, in addition to other
   95         entities, to provide administrative support for the
   96         council; amending ss. 1004.02 and 1004.03, F.S.;
   97         conforming provisions to changes made by the act;
   98         amending s. 1004.04, F.S.; revising department
   99         reporting requirements regarding teacher preparation
  100         programs to require a report to the State Board of
  101         Community Colleges; amending s. 1004.07, F.S.;
  102         providing that the State Board of Community Colleges,
  103         instead of the State Board of Education, provide
  104         guidelines for Florida Community College System
  105         institution boards of trustees’ policies; amending ss.
  106         1004.084, 1004.085, 1004.096, and 1004.0961, F.S.;
  107         conforming provisions to changes made by the act;
  108         amending s. 1004.28, F.S.; prohibiting a state
  109         university board of trustees from authorizing a
  110         university direct-support organization to use personal
  111         services or state funds for travel expenses;
  112         requiring, rather than authorizing, the chair of the
  113         board of trustees to appoint at least one
  114         representative to the board of directors and executive
  115         committee of a university direct-support organization;
  116         requiring the articles of incorporation or bylaws of a
  117         university direct-support organization to include
  118         certain requirements regarding appointments to the
  119         board of directors and executive committee; deleting
  120         an exception to the prohibition on gifts to a
  121         political committee by a university direct-support
  122         organization; amending ss. 1004.35, and 1004.6495,
  123         F.S.; conforming provisions to changes made by the
  124         act; amending s. 1004.65, F.S.; revising Florida
  125         Community College System institution governance,
  126         mission, and responsibilities to provide authority and
  127         duties to the State Board of Community Colleges,
  128         instead of the State Board of Education; providing
  129         that offering upper-level instruction and awarding
  130         baccalaureate degrees are a secondary and not a
  131         primary role of a Florida Community College System
  132         institution; amending s. 1004.67, F.S.; conforming
  133         provisions to changes made by the act; amending s.
  134         1004.70, F.S.; prohibiting a community college board
  135         of trustees from authorizing a Florida Community
  136         College System institution direct-support organization
  137         to use personal services and state funds for travel
  138         expenses; deleting an exception to the prohibition on
  139         gifts to a political committee from a Florida
  140         Community College System institution direct-support
  141         organization; conforming provisions to changes made by
  142         the act; amending s. 1004.71, F.S.; conforming
  143         provisions to changes made by the act; amending s.
  144         1004.74, F.S.; requiring the Chancellor of the Florida
  145         Community College System, jointly with the
  146         Commissioner of Education, to appoint members of the
  147         Council for the Florida School for the Arts; amending
  148         ss. 1004.78 and 1004.80, F.S.; conforming provisions
  149         to changes made by the act; amending s. 1004.91, F.S.;
  150         requiring the State Board of Community Colleges to
  151         collaborate with the State Board of Education to
  152         provide certain rules for Florida Community College
  153         System institutions regarding requirements for career
  154         education program basic skills; amending s. 1004.92,
  155         F.S.; providing accountability for career education
  156         for the State Board of Community Colleges; revising
  157         the department’s accountability for career education;
  158         requiring the department and the State Board of
  159         Community Colleges to collaborate to develop certain
  160         standards and benchmarks; requiring the State Board of
  161         Education and the State Board of Community Colleges to
  162         collaborate to adopt rules; amending s. 1004.925,
  163         F.S.; revising industry certification requirements for
  164         automotive service technology education programs to
  165         include the State Board of Community Colleges;
  166         amending s. 1004.93, F.S.; conforming provisions to
  167         changes made by the act; amending s. 1006.60, F.S.;
  168         authorizing sanctions for violations of certain rules
  169         of the State Board of Community Colleges, instead of
  170         the State Board of Education; amending ss. 1006.61,
  171         1006.62, and 1006.71, F.S.; conforming provisions to
  172         changes made by the act; amending s. 1007.01, F.S.;
  173         revising the role of the State Board of Education and
  174         the Board of Governors in the statewide articulation
  175         system to include the State Board of Community
  176         Colleges and the Chancellor of the Florida Community
  177         College System; amending s. 1007.23, F.S.; requiring
  178         each Florida Community College System institution to
  179         execute at least one “2+2” targeted pathway
  180         articulation agreement by a specified time; providing
  181         requirements and student eligibility for the
  182         agreements; requiring the State Board of Community
  183         Colleges and the Board of Governors to collaborate to
  184         eliminate barriers for the agreements; amending s.
  185         1007.24, F.S.; revising the statewide course numbering
  186         system to include participation by and input from the
  187         State Board of Community Colleges and the Chancellor
  188         of the Florida Community College System; amending ss.
  189         1007.25, 1007.262, 1007.263, 1007.264, and 1007.265,
  190         F.S.; conforming provisions to changes made by the
  191         act; amending s. 1007.271, F.S.; requiring the State
  192         Board of Education to collaborate with the State Board
  193         of Community Colleges regarding certain articulation
  194         agreements; amending s. 1007.273, F.S.; requiring the
  195         State Board of Community Colleges to enforce
  196         compliance with certain provisions relating to the
  197         collegiate high school program by a specified date
  198         each year; amending s. 1007.33, F.S.; prohibiting
  199         Florida Community College System institutions from
  200         offering bachelor of arts degree programs; deleting
  201         provisions relating to an authorization for the Board
  202         of Trustees of St. Petersburg College to establish
  203         certain baccalaureate degree programs; revising the
  204         approval process for baccalaureate degree programs
  205         proposed by Florida Community College System
  206         institutions; requiring a Florida Community College
  207         System institution to annually report certain
  208         information to the State Board of Community Colleges,
  209         the Chancellor of the State University System, and the
  210         Legislature; revising the circumstances under which a
  211         baccalaureate degree program may be required to be
  212         modified or terminated; requiring the termination of a
  213         baccalaureate degree program under certain
  214         circumstances; restricting total upper-level,
  215         undergraduate full-time equivalent enrollment at
  216         Florida Community College System institutions under
  217         certain circumstances; amending s. 1008.31, F.S.;
  218         revising the legislative intent of Florida’s K-20
  219         education performance and accountability system to
  220         include recommendations from and reports to the State
  221         Board of Community Colleges; amending s. 1008.32,
  222         F.S.; removing the oversight enforcement authority of
  223         the State Board of Education relating to the Florida
  224         Community College System; amending s. 1008.345, F.S.;
  225         removing provisions requiring the department to
  226         maintain a listing of certain skills associated with
  227         the system of educational accountability; amending s.
  228         1008.37, F.S.; revising certain student reporting
  229         requirements of the Commissioner of Education to also
  230         require a report to the State Board of Community
  231         Colleges; amending s. 1008.38, F.S.; revising the
  232         articulation accountability process to include
  233         participation by the State Board of Community
  234         Colleges; amending s. 1008.405, F.S.; requiring the
  235         State Board of Community Colleges to adopt rules for
  236         the maintaining of specific information by Florida
  237         Community College System institutions; amending ss.
  238         1008.44, 1008.45, 1009.21, and 1009.25, F.S.;
  239         conforming provisions to changes made by the act;
  240         amending s. 1009.26, F.S.; requiring that certain
  241         information regarding fee waivers be reported to the
  242         State Board of Community Colleges; requiring the State
  243         Board of Community Colleges to adopt rules; amending
  244         s. 1009.28, F.S.; conforming provisions to changes
  245         made by the act; amending ss. 1009.90 and 1009.91,
  246         F.S.; revising the duties of the department to include
  247         reports to the State Board of Community Colleges;
  248         amending s. 1009.971, F.S.; conforming provisions to
  249         changes made by the act; amending s. 1010.01, F.S.;
  250         requiring the financial records and accounts of
  251         Florida Community College System institutions to
  252         follow rules of the State Board of Community Colleges,
  253         instead of the State Board of Education; requiring
  254         each Florida Community College System institution to
  255         annually file specified financial statements with the
  256         State Board of Community Colleges; amending ss.
  257         1010.02 and 1010.04, F.S.; requiring the funds
  258         accruing to and purchases and leases by Florida
  259         Community College System institutions to follow rules
  260         of the State Board of Community Colleges, instead of
  261         the State Board of Education; amending s. 1010.07,
  262         F.S.; requiring certain contractors to give bonds in
  263         an amount set by the State Board of Community
  264         Colleges; amending s. 1010.08, F.S.; authorizing
  265         Florida Community College System board of trustees to
  266         budget for promotion and public relations from certain
  267         funds; amending ss. 1010.09, 1010.22, 1010.30, and
  268         1010.58, F.S.; conforming provisions to changes made
  269         by the act; amending s. 1011.01, F.S.; requiring each
  270         Florida Community College System institution board of
  271         trustees to submit an annual operating budget
  272         according to rules of the State Board of Community
  273         Colleges; amending s. 1011.011, F.S.; requiring the
  274         State Board of Education to collaborate with the State
  275         Board of Community Colleges for legislative budget
  276         requests relating to Florida Community College System
  277         institutions; amending ss. 1011.30 and 1011.32, F.S.;
  278         conforming provisions to changes made by the act;
  279         amending s. 1011.80, F.S.; conforming provisions to
  280         changes made by the act; authorizing the State Board
  281         of Community Colleges to adopt rules; amending s.
  282         1011.801, F.S.; specifying duties of the State Board
  283         of Community Colleges regarding funds for the
  284         operation of workforce education programs and the
  285         Workforce Development Capitalization Incentive Grant
  286         Program; amending ss. 1011.81, 1011.82, 1011.83,
  287         1011.84, and 1011.85, F.S.; conforming provisions to
  288         changes made by the act; amending s. 1012.01, F.S.;
  289         redefining the term “school officers”; amending ss.
  290         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
  291         F.S.; conforming provisions to changes made by the
  292         act; amending s. 1013.01, F.S.; providing that the
  293         term “board” does not include the State Board of
  294         Community Colleges when used in the context of certain
  295         educational facilities provisions; amending ss.
  296         1013.02 and 1013.03, F.S.; requiring the State Board
  297         of Community Colleges to adopt rules for and provide
  298         functions relating to educational facilities; amending
  299         s. 1013.28, F.S.; authorizing Florida Community
  300         College System institution boards of trustees to
  301         dispose of land or real property subject to rules of
  302         the State Board of Community Colleges; amending s.
  303         1013.31, F.S.; specifying the role of the State Board
  304         of Community Colleges in educational plant surveys for
  305         Florida Community College System institutions;
  306         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
  307         conforming provisions to changes made by the act;
  308         amending s. 1013.47, F.S.; providing that certain
  309         contractors are subject to rules of the State Board of
  310         Community Colleges; amending s. 1013.52, F.S.;
  311         specifying duties of the State Board of Community
  312         Colleges with regard to the cooperative development
  313         and joint use of facilities; amending s. 1013.65,
  314         F.S.; requiring the State Board of Community Colleges
  315         to be provided with copies of authorized allocations
  316         or reallocations for the Public Education Capital
  317         Outlay and Debt Service Trust Fund; requiring the
  318         Board of Governors to conduct a study of state
  319         investment allocation methodologies for the
  320         performance-based funding model; prescribing study and
  321         reporting requirements; providing a directive to the
  322         Division of Law Revision and Information; amending s.
  323         1001.66, F.S.; revising requirements for the
  324         performance-based metrics used to award Florida
  325         Community College System institutions with
  326         performance-based incentives; amending s. 1001.67,
  327         F.S.; revising the Distinguished Florida Community
  328         College System Institution Program excellence
  329         standards requirements; amending s. 1001.706, F.S.;
  330         requiring state universities to use gap analyses to
  331         identify internship opportunities in high-demand
  332         fields; revising cooperation duties of the Board of
  333         Governors to include requirements for working with the
  334         State Board of Community Colleges; amending s.
  335         1001.7065, F.S.; revising the preeminent state
  336         research universities program graduation rate
  337         requirements and funding distributions; deleting the
  338         authority for such universities to stipulate a special
  339         course requirement for incoming students; requiring
  340         the Board of Governors to establish certain standards
  341         by a specified date; amending s. 1001.92, F.S.;
  342         requiring certain performance-based metrics to include
  343         specified graduation rates and access benchmarks;
  344         creating s. 1004.6497, F.S.; establishing the World
  345         Class Faculty and Scholar Program; providing the
  346         purpose and intent of the program; authorizing
  347         investments in certain faculty retention, recruitment,
  348         and recognition activities; specifying funding as
  349         provided in the General Appropriations Act; requiring
  350         the funds to be used only for authorized purposes and
  351         investments; requiring the Board of Governors to
  352         submit an annual report to the Governor and the
  353         Legislature by a specified date; creating s.
  354         1004.6498, F.S.; establishing the State University
  355         Professional and Graduate Degree Excellence Program;
  356         providing the purpose of the program; listing the
  357         quality improvement efforts that may be used to
  358         elevate the prominence of state university medicine,
  359         law, and graduate-level business programs; specifying
  360         funding as provided in the General Appropriations Act;
  361         requiring the funds to be used only for authorized
  362         purposes and investments; requiring the Board of
  363         Governors to submit an annual report to the Governor
  364         and the Legislature by a specified date; amending s.
  365         1007.27, F.S.; requiring school districts to notify
  366         students about certain lists and equivalencies;
  367         amending s. 1008.30, F.S.; providing that certain
  368         state universities may continue to provide
  369         developmental education instruction; requiring the
  370         State Board of Community Colleges, rather than the
  371         State Board of Education, to develop and implement a
  372         specified common placement test and approve a
  373         specified series of meta-majors and academic pathways
  374         with the Board of Governors; amending ss. 1009.22 and
  375         1009.23, F.S.; revising the prohibition on the
  376         inclusion of a technology fee in the Florida Bright
  377         Futures Scholarship Program award; amending s.
  378         1009.24, F.S.; revising the prohibition on the
  379         inclusion of a technology fee in the Florida Bright
  380         Futures Scholarship Program award; requiring a state
  381         university board of trustees to implement a block
  382         tuition policy for certain students by a specified
  383         time; prescribing criteria for such block tuition
  384         policies; requiring the Chancellor of the State
  385         University System to submit a report to the Governor
  386         and the Legislature by a specified date; revising the
  387         conditions for differential tuition; amending s.
  388         1009.53, F.S.; authorizing a student to use funds
  389         appropriated in the General Appropriations Act for
  390         summer term enrollment for Florida Academic Scholars
  391         awards; amending s. 1009.534, F.S.; specifying Florida
  392         Academic Scholars award amounts to cover tuition,
  393         fees, textbooks, and other college-related expenses;
  394         amending s. 1009.701, F.S.; revising the state-to
  395         private match requirement for contributions to the
  396         First Generation Matching Grant Program; amending s.
  397         1009.89, F.S.; renaming the Florida Resident Access
  398         Grant Program; amending s. 1009.893, F.S.; extending
  399         coverage of Benacquisto Scholarships to include
  400         tuition and fees for qualified nonresident students;
  401         creating s. 1009.894, F.S.; creating the Florida
  402         Farmworker Student Scholarship Program; providing a
  403         purpose; requiring the Department of Education to
  404         administer the scholarship program; providing initial
  405         and renewal scholarship student eligibility criteria;
  406         specifying award amounts and distributions; requiring
  407         the department to issue the awards annually; requiring
  408         institutions to certify certain information and remit
  409         any remaining funds to the department by a specified
  410         timeframe; requiring the department to maintain
  411         program data; providing for funding as specified in
  412         the General Appropriations Act; amending s. 1009.98,
  413         F.S.; providing that certain payments from the Florida
  414         Prepaid College Board to a state university on behalf
  415         of a qualified beneficiary may not exceed a specified
  416         amount; amending s. 1013.79, F.S.; revising the intent
  417         of the Alec P. Courtelis University Facility
  418         Enhancement Challenge Grant Program; deleting the Alec
  419         P. Courtelis Capital Facilities Matching Trust Fund;
  420         authorizing the Legislature to prioritize certain
  421         funds for the 2017-2018 fiscal year; amending s.
  422         267.062, F.S.; conforming a cross-reference; providing
  423         a directive to the Division of Law Revision and
  424         Information; providing effective dates.
  425          
  426  Be It Enacted by the Legislature of the State of Florida:
  427  
  428         Section 1. This act shall be cited as the “Florida
  429  Excellence in Higher Education Act of 2017.”
  430         Section 2. Effective July 1, 2017, section 1001.6001,
  431  Florida Statutes, is created to read:
  432         1001.6001 Florida Community College System governance.—
  433         (1)The Florida College System, established in s. 1001.60,
  434  is renamed as the Florida Community College System.
  435         (2) The State Board of Community Colleges is created
  436  pursuant to s. 20.156 to oversee and coordinate the Florida
  437  Community College System. The Governor shall appoint the
  438  membership of the State Board of Community Colleges, subject to
  439  confirmation by the Senate, in time for the members to convene
  440  for the board’s organizational meeting pursuant to s. 20.156(5).
  441         (3) The Division of Florida Colleges shall provide
  442  administrative support to the State Board of Community Colleges
  443  until September 30, 2017.
  444         (4) On October 1, 2017, all powers, duties, functions,
  445  records, offices, personnel, property, pending issues and
  446  existing contracts, administrative authority, administrative
  447  rules, and unexpended balances of appropriations, allocations,
  448  and other funds related to the Florida College System and the
  449  Division of Florida Colleges are transferred by a type two
  450  transfer, as defined in s. 20.06(2), from the State Board of
  451  Education to the State Board of Community Colleges.
  452         (5) The State Board of Community Colleges shall appoint a
  453  Chancellor of the Florida Community College System by November
  454  1, 2017, to aid the board in the implementation of its
  455  responsibilities.
  456         (6) Any State Board of Education approval, policy,
  457  guidance, and appointment in effect on October 1, 2017, remain
  458  effective unless acted upon by the State Board of Community
  459  Colleges.
  460         Section 3. Subsections (3) and (8) of section 20.15,
  461  Florida Statutes, are amended to read:
  462         20.15 Department of Education.—There is created a
  463  Department of Education.
  464         (3) DIVISIONS.—The following divisions of the Department of
  465  Education are established:
  466         (a)Division of Florida Colleges.
  467         (a)(b) Division of Public Schools.
  468         (b)(c) Division of Career and Adult Education.
  469         (c)(d) Division of Vocational Rehabilitation.
  470         (d)(e) Division of Blind Services.
  471         (e)(f) Division of Accountability, Research, and
  472  Measurement.
  473         (f)(g) Division of Finance and Operations.
  474         (g)(h) Office of K-20 Articulation.
  475         (h)(i) The Office of Independent Education and Parental
  476  Choice, which must include the following offices:
  477         1. The Office of Early Learning, which shall be
  478  administered by an executive director who is fully accountable
  479  to the Commissioner of Education. The executive director shall,
  480  pursuant to s. 1001.213, administer the early learning programs,
  481  including the school readiness program and the Voluntary
  482  Prekindergarten Education Program at the state level.
  483         2. The Office of K-12 School Choice, which shall be
  484  administered by an executive director who is fully accountable
  485  to the Commissioner of Education.
  486         (8) SUPPORT SERVICES.—The Department of Education shall
  487  continue to provide support to the Board of Governors of the
  488  State University System and to the State Board of Community
  489  Colleges of the Florida Community College System. At a minimum,
  490  support services provided to the Board of Governors and the
  491  State Board of Community Colleges shall include accounting,
  492  printing, computer and Internet support, personnel and human
  493  resources support, support for accountability initiatives, and
  494  administrative support as needed for trust funds under the
  495  jurisdiction of the Board of Governors and the State Board of
  496  Community Colleges.
  497         Section 4. Effective July 1, 2017, section 20.156, Florida
  498  Statutes, is created to read:
  499         20.156 State Board of Community Colleges.—
  500         (1) GENERAL PROVISIONS.—The State Board of Community
  501  Colleges is created. For the purposes of s. 6, Art. IV of the
  502  State Constitution, the state board shall be assigned to and
  503  administratively housed within the Department of Education.
  504  However, the state board shall independently exercise the powers
  505  and duties in s. 1001.602; is a separate budget program; and is
  506  not subject to control, supervision, or direction by the
  507  department. For purposes of this section, the State Board of
  508  Community Colleges is referred to as the “state board.”
  509         (2) HEAD OF THE FLORIDA COMMUNITY COLLEGE SYSTEM.—The state
  510  board is the head of the Florida Community College System. The
  511  Governor shall appoint the board members, subject to
  512  confirmation by the Senate.
  513         (3) PERSONNEL.—The state board shall appoint a Chancellor
  514  of the Florida Community College System by November 1, 2017, to
  515  aid in carrying out the state board’s duties. The chancellor is
  516  the chief executive officer and secretary to the state board and
  517  directs the activities of the staff of the state board. The
  518  Chancellor of the Division of Florida Colleges shall serve as
  519  the Chancellor of the Florida Community College System until the
  520  state board selects a chancellor.
  521         (4) POWERS AND DUTIES.—Effective October 1, 2017, the state
  522  board shall regulate, control, and be responsible for the
  523  management of the Florida Community College System.
  524         (5) ORGANIZATION.—The state board shall, by September 30,
  525  2017, conduct an organizational meeting to adopt bylaws, elect a
  526  chair and vice chair from the membership, and fix dates and
  527  places for regular meetings.
  528         Section 5. Subsection (18) is added to section 112.313,
  529  Florida Statutes, to read:
  530         112.313 Standards of conduct for public officers, employees
  531  of agencies, and local government attorneys.—
  532         (18) STATE BOARD OF COMMUNITY COLLEGES AND BOARDS OF
  533  TRUSTEES.—A citizen member of the State Board of Community
  534  Colleges or a citizen member of a Florida Community College
  535  System institution board of trustees may not have or hold an
  536  employment or contractual relationship as a legislative lobbyist
  537  requiring annual registration and reporting pursuant to s.
  538  11.045.
  539         Section 6. Paragraph (c) of subsection (1) of section
  540  112.3145, Florida Statutes, is amended to read:
  541         112.3145 Disclosure of financial interests and clients
  542  represented before agencies.—
  543         (1) For purposes of this section, unless the context
  544  otherwise requires, the term:
  545         (c) “State officer” means:
  546         1. Any elected public officer, excluding those elected to
  547  the United States Senate and House of Representatives, not
  548  covered elsewhere in this part and any person who is appointed
  549  to fill a vacancy for an unexpired term in such an elective
  550  office.
  551         2. An appointed member of each board, commission,
  552  authority, or council having statewide jurisdiction, excluding a
  553  member of an advisory body.
  554         3. A member of the Board of Governors of the State
  555  University System or a state university board of trustees, the
  556  Chancellor and Vice Chancellors of the State University System,
  557  and the president of a state university; or a member of the
  558  State Board of Community Colleges and the Chancellor of the
  559  Florida Community College System.
  560         4. A member of the judicial nominating commission for any
  561  district court of appeal or any judicial circuit.
  562         Section 7. Subsections (2) and (4) of section 1000.03,
  563  Florida Statutes, are amended to read:
  564         1000.03 Function, mission, and goals of the Florida K-20
  565  education system.—
  566         (2)(a) The Legislature shall establish education policy,
  567  enact education laws, and appropriate and allocate education
  568  resources.
  569         (b) With the exception of matters relating to the State
  570  University System and the Florida Community College System, the
  571  State Board of Education shall oversee the enforcement of all
  572  laws and rules, and the timely provision of direction,
  573  resources, assistance, intervention when needed, and strong
  574  incentives and disincentives to force accountability for
  575  results.
  576         (c) The Board of Governors shall oversee the enforcement of
  577  all state university laws and rules and regulations and the
  578  timely provision of direction, resources, assistance,
  579  intervention when needed, and strong incentives and
  580  disincentives to force accountability for results.
  581         (d) The State Board of Community Colleges shall oversee the
  582  enforcement of all Florida Community College System laws and
  583  rules and the timely provision of direction, resources,
  584  assistance, intervention when needed, and strong incentives and
  585  disincentives to force accountability for results.
  586         (4) The mission of Florida’s K-20 education system is to
  587  allow its students to increase their proficiency by allowing
  588  them the opportunity to expand their knowledge and skills
  589  through rigorous and relevant learning opportunities, in
  590  accordance with the mission of the applicable career center or
  591  system statement and the accountability requirements of s.
  592  1008.31, and to avoid wasteful duplication of programs offered
  593  by state universities, Florida Community College System
  594  institutions, and career centers and charter technical career
  595  centers that are operated by a district school board or a
  596  Florida Community College System institution board of trustees.
  597         Section 8. Paragraph (d) of subsection (3) and subsections
  598  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  599  read:
  600         1000.05 Discrimination against students and employees in
  601  the Florida K-20 public education system prohibited; equality of
  602  access required.—
  603         (3)
  604         (d) A public K-20 educational institution which operates or
  605  sponsors interscholastic, intercollegiate, club, or intramural
  606  athletics shall provide equal athletic opportunity for members
  607  of both genders.
  608         1. The Board of Governors shall determine whether equal
  609  opportunities are available at state universities.
  610         2. The Commissioner of Education, for school districts, and
  611  the Chancellor of the Florida Community College System, for
  612  Florida Community College System institutions, shall determine
  613  whether equal opportunities are available in school districts
  614  and Florida Community College System institutions. In
  615  determining whether equal opportunities are available in school
  616  districts and Florida Community College System institutions, the
  617  Commissioner of Education and the Chancellor of the Florida
  618  Community College System shall consider, among other factors:
  619         a. Whether the selection of sports and levels of
  620  competition effectively accommodate the interests and abilities
  621  of members of both genders.
  622         b. The provision of equipment and supplies.
  623         c. Scheduling of games and practice times.
  624         d. Travel and per diem allowances.
  625         e. Opportunities to receive coaching and academic tutoring.
  626         f. Assignment and compensation of coaches and tutors.
  627         g. Provision of locker room, practice, and competitive
  628  facilities.
  629         h. Provision of medical and training facilities and
  630  services.
  631         i. Provision of housing and dining facilities and services.
  632         j. Publicity.
  633  
  634  Unequal aggregate expenditures for members of each gender or
  635  unequal expenditures for male and female teams if a public
  636  school or Florida Community College System institution operates
  637  or sponsors separate teams do not constitute nonimplementation
  638  of this subsection, but the Commissioner of Education shall
  639  consider the failure to provide necessary funds for teams for
  640  one gender in assessing equality of opportunity for members of
  641  each gender.
  642         (5)(a) The State Board of Education shall adopt rules to
  643  implement this section as it relates to school districts and
  644  Florida College System institutions.
  645         (b) The Board of Governors shall adopt regulations to
  646  implement this section as it relates to state universities.
  647         (c) The State Board of Community Colleges shall adopt rules
  648  to implement this section as it relates to Florida Community
  649  College System institutions.
  650         (6) The functions of the State Board of Community Colleges
  651  for Florida Community College System institutions and the Office
  652  of Equal Educational Opportunity of the Department of Education
  653  shall include, but are not limited to:
  654         (a) Requiring all district school boards and Florida
  655  Community College System institution boards of trustees to
  656  develop and submit plans for the implementation of this section
  657  to the Department of Education.
  658         (b) Conducting periodic reviews of school districts and
  659  Florida Community College System institutions to determine
  660  compliance with this section and, after a finding that a school
  661  district or a Florida Community College System institution is
  662  not in compliance with this section, notifying the entity of the
  663  steps that it must take to attain compliance and performing
  664  followup monitoring.
  665         (c) Providing technical assistance, including assisting
  666  school districts or Florida Community College System
  667  institutions in identifying unlawful discrimination and
  668  instructing them in remedies for correction and prevention of
  669  such discrimination and performing followup monitoring.
  670         (d) Conducting studies of the effectiveness of methods and
  671  strategies designed to increase the participation of students in
  672  programs and courses in which students of a particular race,
  673  ethnicity, national origin, gender, disability, or marital
  674  status have been traditionally underrepresented and monitoring
  675  the success of students in such programs or courses, including
  676  performing followup monitoring.
  677         (e) Requiring all district school boards and Florida
  678  Community College System institution boards of trustees to
  679  submit data and information necessary to determine compliance
  680  with this section. The Commissioner of Education, for school
  681  districts, and the Chancellor of the Florida Community College
  682  System, for Florida Community College System institutions, shall
  683  prescribe the format and the date for submission of such data
  684  and any other educational equity data. If any board does not
  685  submit the required compliance data or other required
  686  educational equity data by the prescribed date, the commissioner
  687  shall notify the board of this fact and, if the board does not
  688  take appropriate action to immediately submit the required
  689  report, the State Board of Education shall impose monetary
  690  sanctions.
  691         (f) Based upon rules of the State Board of Education, for
  692  school districts, and the State Board of Community Colleges, for
  693  Florida Community College System institutions, developing and
  694  implementing enforcement mechanisms with appropriate penalties
  695  to ensure that public K-12 schools and Florida Community College
  696  System institutions comply with Title IX of the Education
  697  Amendments of 1972 and subsection (3) of this section. However,
  698  the State Board of Education may not force a public school or
  699  Florida Community College System institution to conduct, nor
  700  penalize such entity for not conducting, a program of athletic
  701  activity or athletic scholarship for female athletes unless it
  702  is an athletic activity approved for women by a recognized
  703  association whose purpose is to promote athletics and a
  704  conference or league exists to promote interscholastic or
  705  intercollegiate competition for women in that athletic activity.
  706         (g) Reporting to the Commissioner of Education, for school
  707  districts, or to the Chancellor of the Florida Community College
  708  System, for Florida Community College System institutions, any
  709  district school board or Florida Community College System
  710  institution board of trustees found to be out of compliance with
  711  rules of the State Board of Education or the State Board of
  712  Community Colleges adopted as required by paragraph (f) or
  713  paragraph (3)(d). To penalize the respective board, the State
  714  Board of Education or the State Board of Community Colleges, as
  715  applicable, shall:
  716         1. Declare the school district or Florida Community College
  717  System institution ineligible for competitive state grants.
  718         2. Notwithstanding the provisions of s. 216.192, direct the
  719  Chief Financial Officer to withhold general revenue funds
  720  sufficient to obtain compliance from the school district or
  721  Florida Community College System institution.
  722  
  723  The school district or Florida Community College System
  724  institution shall remain ineligible and the funds may shall not
  725  be paid until the institution comes into compliance or the State
  726  Board of Education or the State Board of Community Colleges, as
  727  applicable, approves a plan for compliance.
  728         Section 9. Section 1001.02, Florida Statutes, is amended to
  729  read:
  730         1001.02 General powers of State Board of Education.—
  731         (1) The State Board of Education is the chief implementing
  732  and coordinating body of public education in Florida except for
  733  the State University System and the Florida Community College
  734  System, and it shall focus on high-level policy decisions. It
  735  has authority to adopt rules pursuant to ss. 120.536(1) and
  736  120.54 to implement the provisions of law conferring duties upon
  737  it for the improvement of the state system of K-20 public
  738  education except for the State University System and the Florida
  739  Community College System. Except as otherwise provided herein,
  740  it may, as it finds appropriate, delegate its general powers to
  741  the Commissioner of Education or the directors of the divisions
  742  of the department.
  743         (2) The State Board of Education has the following duties:
  744         (a) To adopt comprehensive educational objectives for
  745  public education except for the State University System and the
  746  Florida Community College System.
  747         (b) To adopt comprehensive long-range plans and short-range
  748  programs for the development of the state system of public
  749  education except for the State University System and the Florida
  750  Community College System.
  751         (c) To exercise general supervision over the divisions of
  752  the Department of Education as necessary to ensure coordination
  753  of educational plans and programs and resolve controversies and
  754  to minimize problems of articulation and student transfers, to
  755  ensure that students moving from one level of education to the
  756  next have acquired competencies necessary for satisfactory
  757  performance at that level, and to ensure maximum utilization of
  758  facilities.
  759         (d) To adopt, in consultation with the Board of Governors
  760  and the State Board of Community Colleges, and from time to time
  761  modify, minimum and uniform standards of college-level
  762  communication and computation skills generally associated with
  763  successful performance and progression through the baccalaureate
  764  level and to identify college-preparatory high school coursework
  765  and postsecondary-level coursework that prepares students with
  766  the academic skills necessary to succeed in postsecondary
  767  education.
  768         (e) To adopt and submit to the Governor and Legislature, as
  769  provided in s. 216.023, a coordinated K-20 education budget that
  770  estimates the expenditure requirements for the Board of
  771  Governors, as provided in s. 1001.706, the State Board of
  772  Education, including the Department of Education and the
  773  Commissioner of Education, and all of the boards, institutions,
  774  agencies, and services under the general supervision of the
  775  Board of Governors, as provided in s. 1001.706, the State Board
  776  of Community Colleges, as provided in s. 1001.602, or the State
  777  Board of Education for the ensuing fiscal year. The State Board
  778  of Education may not amend the budget request submitted by the
  779  Board of Governors or the State Board of Community Colleges. Any
  780  program recommended by the Board of Governors, the State Board
  781  of Community Colleges, or the State Board of Education which
  782  will require increases in state funding for more than 1 year
  783  must be presented in a multiyear budget plan.
  784         (f) To hold meetings, transact business, keep records,
  785  adopt a seal, and, except as otherwise provided by law, perform
  786  such other duties as may be necessary for the enforcement of
  787  laws and rules relating to the state system of public education.
  788         (g) To approve plans for cooperating with the Federal
  789  Government.
  790         (h) To approve plans for cooperating with other public
  791  agencies in the development of rules and in the enforcement of
  792  laws for which the state board and such agencies are jointly
  793  responsible.
  794         (i) To review plans for cooperating with appropriate
  795  nonpublic agencies for the improvement of conditions relating to
  796  the welfare of schools.
  797         (j) To create such subordinate advisory bodies as are
  798  required by law or as it finds necessary for the improvement of
  799  education.
  800         (k) To constitute any education bodies or other structures
  801  as required by federal law.
  802         (l) To assist in the economic development of the state by
  803  developing a state-level planning process to identify future
  804  training needs for industry, especially high-technology
  805  industry.
  806         (m) To assist in the planning and economic development of
  807  the state by establishing a clearinghouse for information on
  808  educational programs of value to economic development.
  809         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  810  120.54, within statutory authority.
  811         (o) To authorize the allocation of resources in accordance
  812  with law and rule.
  813         (p) To contract with independent institutions accredited by
  814  an agency whose standards are comparable to the minimum
  815  standards required to operate a postsecondary career center
  816  educational institution at that level in the state. The purpose
  817  of the contract is to provide those educational programs and
  818  facilities which will meet needs unfulfilled by the state system
  819  of public postsecondary education.
  820         (q) To recommend that a district school board take action
  821  consistent with the state board’s decision relating to an appeal
  822  of a charter school application.
  823         (r) To enforce systemwide education goals and policies
  824  except as otherwise provided by law.
  825         (s) To establish a detailed procedure for the
  826  implementation and operation of a systemwide K-20 technology
  827  plan that is based on a common set of data definitions.
  828         (t) To establish accountability standards for existing
  829  legislative performance goals, standards, and measures, and
  830  order the development of mechanisms to implement new legislative
  831  goals, standards, and measures.
  832         (u) To adopt criteria and implementation plans for future
  833  growth issues, such as new Florida College System institutions
  834  and Florida College System institution campus mergers, and to
  835  provide for cooperative agreements between and within public and
  836  private education sectors.
  837         (v) To develop, in conjunction with the Board of Governors
  838  and the State Board of Community Colleges, and periodically
  839  review for adjustment, a coordinated 5-year plan for
  840  postsecondary enrollment, identifying enrollment and graduation
  841  expectations by baccalaureate degree program, and annually
  842  submit the plan to the Legislature as part of its legislative
  843  budget request.
  844         (w) Beginning in the 2014-2015 academic year and annually
  845  thereafter, to require each Florida College System institution
  846  prior to registration to provide each enrolled student
  847  electronic access to the economic security report of employment
  848  and earning outcomes prepared by the Department of Economic
  849  Opportunity pursuant to s. 445.07.
  850         (3)(a) The State Board of Education shall adopt a strategic
  851  plan that specifies goals and objectives for the state’s public
  852  schools and Florida College System institutions. The plan shall
  853  be formulated in conjunction with plans of the Board of
  854  Governors and the State Board of Community Colleges in order to
  855  provide for the roles of the universities and Florida Community
  856  College System institutions to be coordinated to best meet state
  857  needs and reflect cost-effective use of state resources. The
  858  strategic plan must clarify the mission statements of each
  859  Florida Community College System institution and the system as a
  860  whole and identify degree programs, including baccalaureate
  861  degree programs, to be offered at each Florida Community College
  862  System institution in accordance with the objectives provided in
  863  this subsection and the coordinated 5-year plan pursuant to
  864  paragraph (2)(v). The strategic plan must cover a period of 5
  865  years, with modification of the program lists after 2 years.
  866  Development of each 5-year plan must be coordinated with and
  867  initiated after completion of the master plan. The strategic
  868  plans must specifically include programs and procedures for
  869  responding to the educational needs of teachers and students in
  870  the public schools of this state and consider reports and
  871  recommendations of the Higher Education Coordinating Council
  872  pursuant to s. 1004.015 and the Articulation Coordinating
  873  Committee pursuant to s. 1007.01. The state board shall submit a
  874  report to the President of the Senate and the Speaker of the
  875  House of Representatives upon modification of the plan and as
  876  part of its legislative budget request.
  877         (b) The State Board of Education, and the Board of
  878  Governors, and the State Board of Community Colleges shall
  879  jointly develop long-range plans and annual reports for
  880  financial aid in this state. The long-range plans shall
  881  establish goals and objectives for a comprehensive program of
  882  financial aid for Florida students and shall be updated every 5
  883  years. The annual report shall include programs administered by
  884  the department as well as awards made from financial aid fee
  885  revenues, any other funds appropriated by the Legislature for
  886  financial assistance, and the value of tuition and fees waived
  887  for students enrolled in a dual enrollment course at a public
  888  postsecondary educational institution. The annual report shall
  889  include an assessment of progress made in achieving goals and
  890  objectives established in the long-range plans and
  891  recommendations for repealing or modifying existing financial
  892  aid programs or establishing new programs. A long-range plan
  893  shall be submitted by January 1, 2004, and every 5 years
  894  thereafter. An annual report shall be submitted on January 1,
  895  2004, and in each successive year that a long-range plan is not
  896  submitted, to the President of the Senate and the Speaker of the
  897  House of Representatives.
  898         (4) The State Board of Education shall:
  899         (a) Provide for each Florida College System institution to
  900  offer educational training and service programs designed to meet
  901  the needs of both students and the communities served.
  902         (b) Specify, by rule, procedures to be used by the Florida
  903  College System institution boards of trustees in the annual
  904  evaluations of presidents and review the evaluations of
  905  presidents by the boards of trustees, including the extent to
  906  which presidents serve both institutional and system goals.
  907         (c) Establish, in conjunction with the Board of Governors,
  908  an effective information system that will provide composite data
  909  concerning the Florida College System institutions and state
  910  universities and ensure that special analyses and studies
  911  concerning the institutions are conducted, as necessary, for
  912  provision of accurate and cost-effective information concerning
  913  the institutions.
  914         (d) Establish criteria for making recommendations for
  915  modifying district boundary lines for Florida College System
  916  institutions, including criteria for service delivery areas of
  917  Florida College System institutions authorized to grant
  918  baccalaureate degrees.
  919         (e) Establish criteria for making recommendations
  920  concerning all proposals for the establishment of additional
  921  centers or campuses for Florida College System institutions.
  922         (f) Examine the annual administrative review of each
  923  Florida College System institution.
  924         (g) adopt and submit to the Legislature a 3-year list of
  925  priorities for fixed-capital-outlay projects. The State Board of
  926  Education may not amend the 3-year list of priorities of the
  927  Board of Governors or the State Board of Community Colleges.
  928         (5) The State Board of Education is responsible for
  929  reviewing and administering the state program of support for the
  930  Florida College System institutions and, subject to existing
  931  law, shall establish the tuition and out-of-state fees for
  932  developmental education and for credit instruction that may be
  933  counted toward an associate in arts degree, an associate in
  934  applied science degree, or an associate in science degree.
  935         (6) The State Board of Education shall prescribe minimum
  936  standards, definitions, and guidelines for Florida College
  937  System institutions that will ensure the quality of education,
  938  coordination among the Florida College System institutions and
  939  state universities, and efficient progress toward accomplishing
  940  the Florida College System institution mission. At a minimum,
  941  these rules must address:
  942         (a) Personnel.
  943         (b) Contracting.
  944         (c) Program offerings and classification, including
  945  college-level communication and computation skills associated
  946  with successful performance in college and with tests and other
  947  assessment procedures that measure student achievement of those
  948  skills. The performance measures must provide that students
  949  moving from one level of education to the next acquire the
  950  necessary competencies for that level.
  951         (d) Provisions for curriculum development, graduation
  952  requirements, college calendars, and program service areas.
  953  These provisions must include rules that:
  954         1. Provide for the award of an associate in arts degree to
  955  a student who successfully completes 60 semester credit hours at
  956  the Florida College System institution.
  957         2. Require all of the credits accepted for the associate in
  958  arts degree to be in the statewide course numbering system as
  959  credits toward a baccalaureate degree offered by a state
  960  university or a Florida College System institution.
  961         3. Require no more than 36 semester credit hours in general
  962  education courses in the subject areas of communication,
  963  mathematics, social sciences, humanities, and natural sciences.
  964  
  965  The rules should encourage Florida College System institutions
  966  to enter into agreements with state universities that allow
  967  Florida College System institution students to complete upper
  968  division-level courses at a Florida College System institution.
  969  An agreement may provide for concurrent enrollment at the
  970  Florida College System institution and the state university and
  971  may authorize the Florida College System institution to offer an
  972  upper-division-level course or distance learning.
  973         (e) Student admissions, conduct and discipline,
  974  nonclassroom activities, and fees.
  975         (f) Budgeting.
  976         (g) Business and financial matters.
  977         (h) Student services.
  978         (i) Reports, surveys, and information systems, including
  979  forms and dates of submission.
  980         Section 10. Subsections (7) through (17) of section
  981  1001.03, Florida Statutes, are amended to read:
  982         1001.03 Specific powers of State Board of Education.—
  983         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  984  Education shall develop articulation accountability measures
  985  that assess the status of systemwide articulation processes, in
  986  conjunction with the Board of Governors regarding the State
  987  University System and the State Board of Community Colleges
  988  regarding the Florida Community College System, and shall
  989  establish an articulation accountability process in accordance
  990  with the provisions of chapter 1008, in conjunction with the
  991  Board of Governors regarding the State University System and the
  992  State Board of Community Colleges regarding the Florida
  993  Community College System.
  994         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  995  shall enforce compliance with law and state board rule by all
  996  school districts and public postsecondary educational
  997  institutions, except for institutions within the State
  998  University System and the Florida Community College System, in
  999  accordance with the provisions of s. 1008.32.
 1000         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
 1001  Education, in conjunction with the Board of Governors regarding
 1002  the State University System and the State Board of Community
 1003  Colleges regarding the Florida Community College System, shall
 1004  continue to collect and maintain, at a minimum, the management
 1005  information databases for state universities, community
 1006  colleges, and all other components of the public K-20 education
 1007  system as such databases existed on June 30, 2002.
 1008         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
 1009  EDUCATION.—The State Board of Education, in conjunction with the
 1010  Board of Governors, shall develop and implement a common
 1011  placement test to assess the basic computation and communication
 1012  skills of students who intend to enter a degree program at any
 1013  Florida College System institution or state university.
 1014         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
 1015  EDUCATION.—The State Board of Education shall adopt minimum
 1016  standards relating to nonpublic postsecondary education and
 1017  institutions, in accordance with the provisions of chapter 1005.
 1018         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
 1019  Education shall adopt, by rule, common definitions for associate
 1020  in science degrees and for certificates.
 1021         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
 1022  State Board of Education shall provide for the cyclic review of
 1023  all academic programs in Florida College System institutions at
 1024  least every 7 years. Program reviews shall document how
 1025  individual academic programs are achieving stated student
 1026  learning and program objectives within the context of the
 1027  institution’s mission. The results of the program reviews shall
 1028  inform strategic planning, program development, and budgeting
 1029  decisions at the institutional level.
 1030         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
 1031  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
 1032  Education shall maintain a uniform classification system for
 1033  school district administrative and management personnel that
 1034  will facilitate the uniform coding of administrative and
 1035  management personnel to total district employees.
 1036         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
 1037  DEGREE PROGRAMS.—The State Board of Education shall provide for
 1038  the review and approval of proposals by Florida College System
 1039  institutions to offer baccalaureate degree programs pursuant to
 1040  s. 1007.33. A Florida College System institution, as defined in
 1041  s. 1000.21, that is approved to offer baccalaureate degrees
 1042  pursuant to s. 1007.33 remains under the authority of the State
 1043  Board of Education and the Florida College System institution’s
 1044  board of trustees. The State Board of Education may not approve
 1045  Florida College System institution baccalaureate degree program
 1046  proposals from March 31, 2014, through May 31, 2015.
 1047         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
 1048  the State Board of Education shall identify performance metrics
 1049  for the Florida College System and develop a plan that specifies
 1050  goals and objectives for each Florida College System
 1051  institution. The plan must include:
 1052         (a) Performance metrics and standards common for all
 1053  institutions and metrics and standards unique to institutions
 1054  depending on institutional core missions, including, but not
 1055  limited to, remediation success, retention, graduation,
 1056  employment, transfer rates, licensure passage, excess hours,
 1057  student loan burden and default rates, job placement, faculty
 1058  awards, and highly respected rankings for institution and
 1059  program achievements.
 1060         (b) Student enrollment and performance data delineated by
 1061  method of instruction, including, but not limited to,
 1062  traditional, online, and distance learning instruction.
 1063         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
 1064  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
 1065  Education, in consultation with the Board of Governors, the
 1066  State Board of Community Colleges, and the Department of
 1067  Economic Opportunity, shall adopt a unified state plan to
 1068  improve K-20 STEM education and prepare students for high-skill,
 1069  high-wage, and high-demand employment in STEM and STEM-related
 1070  fields.
 1071         Section 11. Subsection (1), paragraphs (g) and (j) of
 1072  subsection (6), and subsection (7) of section 1001.10, Florida
 1073  Statutes, are amended to read:
 1074         1001.10 Commissioner of Education; general powers and
 1075  duties.—
 1076         (1) The Commissioner of Education is the chief educational
 1077  officer of the state and the sole custodian of the K-20 data
 1078  warehouse, and is responsible for giving full assistance to the
 1079  State Board of Education in enforcing compliance with the
 1080  mission and goals of the K-20 education system except for the
 1081  State University System and the Florida Community College
 1082  System.
 1083         (6) Additionally, the commissioner has the following
 1084  general powers and duties:
 1085         (g) To submit to the State Board of Education, on or before
 1086  October 1 of each year, recommendations for a coordinated K-20
 1087  education budget that estimates the expenditures for the Board
 1088  of Governors, the State Board of Community Colleges, the State
 1089  Board of Education, including the Department of Education and
 1090  the Commissioner of Education, and all of the boards,
 1091  institutions, agencies, and services under the general
 1092  supervision of the Board of Governors, the State Board of
 1093  Community Colleges, or the State Board of Education for the
 1094  ensuing fiscal year. Any program recommended to the State Board
 1095  of Education that will require increases in state funding for
 1096  more than 1 year must be presented in a multiyear budget plan.
 1097         (j) To implement a program of school improvement and
 1098  education accountability designed to provide all students the
 1099  opportunity to make adequate learning gains in each year of
 1100  school as provided by statute and State Board of Education rule
 1101  based upon the achievement of the state education goals,
 1102  recognizing the following:
 1103         1. The district school board is responsible for school and
 1104  student performance.
 1105         2. The individual school is the unit for education
 1106  accountability.
 1107         3. The Florida College System institution board of trustees
 1108  is responsible for Florida College System institution
 1109  performance and student performance.
 1110         (7) The commissioner, or the commissioner’s designee, may
 1111  conduct a review or investigation of practices, procedures, or
 1112  actions at any Florida College System institution which appear
 1113  to be inconsistent with sound financial, management, or academic
 1114  practice.
 1115         Section 12. Paragraphs (c) through (f) of subsection (1)
 1116  and subsection (3) of section 1001.11, Florida Statutes, are
 1117  amended to read:
 1118         1001.11 Commissioner of Education; other duties.—
 1119         (1) The Commissioner of Education must independently
 1120  perform the following duties:
 1121         (c) In cooperation with the Board of Governors and the
 1122  State Board of Community Colleges, develop and implement a
 1123  process for receiving and processing requests, in conjunction
 1124  with the Legislature, for the allocation of PECO funds for
 1125  qualified postsecondary education projects.
 1126         (d) Integrally work with the boards of trustees of the
 1127  Florida College System institutions.
 1128         (d)(e) Monitor the activities of the State Board of
 1129  Education and provide information related to current and pending
 1130  policies to the members of the boards of trustees of the Florida
 1131  Community College System institutions and state universities.
 1132         (e)(f) Ensure the timely provision of information requested
 1133  by the Legislature from the State Board of Education, the
 1134  commissioner’s office, and the Department of Education.
 1135         (3) Notwithstanding any other provision of law to the
 1136  contrary, the Commissioner of Education, in conjunction with the
 1137  Legislature, and the Board of Governors regarding the State
 1138  University System, and the State Board of Community Colleges
 1139  regarding the Florida Community College System, must recommend
 1140  funding priorities for the distribution of capital outlay funds
 1141  for public postsecondary educational institutions, based on
 1142  priorities that include, but are not limited to, the following
 1143  criteria:
 1144         (a) Growth at the institutions.
 1145         (b) Need for specific skills statewide.
 1146         (c) Need for maintaining and repairing existing facilities.
 1147         Section 13. Paragraph (e) of subsection (4) of section
 1148  1001.20, Florida Statutes, is amended to read:
 1149         1001.20 Department under direction of state board.—
 1150         (4) The Department of Education shall establish the
 1151  following offices within the Office of the Commissioner of
 1152  Education which shall coordinate their activities with all other
 1153  divisions and offices:
 1154         (e) Office of Inspector General.—Organized using existing
 1155  resources and funds and responsible for promoting
 1156  accountability, efficiency, and effectiveness and detecting
 1157  fraud and abuse within school districts and, the Florida School
 1158  for the Deaf and the Blind, and Florida College System
 1159  institutions in Florida. If the Commissioner of Education
 1160  determines that a district school board or, the Board of
 1161  Trustees for the Florida School for the Deaf and the Blind, or a
 1162  Florida College System institution board of trustees is
 1163  unwilling or unable to address substantiated allegations made by
 1164  any person relating to waste, fraud, or financial mismanagement
 1165  within the school district or, the Florida School for the Deaf
 1166  and the Blind, or the Florida College System institution, the
 1167  office shall conduct, coordinate, or request investigations into
 1168  such substantiated allegations. The office shall have access to
 1169  all information and personnel necessary to perform its duties
 1170  and shall have all of its current powers, duties, and
 1171  responsibilities authorized in s. 20.055.
 1172         Section 14. Section 1001.28, Florida Statutes, is amended
 1173  to read:
 1174         1001.28 Distance learning duties.—The duties of the
 1175  Department of Education concerning distance learning include,
 1176  but are not limited to, the duty to:
 1177         (1) Facilitate the implementation of a statewide
 1178  coordinated system and resource system for cost-efficient
 1179  advanced telecommunications services and distance education
 1180  which will increase overall student access to education.
 1181         (2) Coordinate the use of existing resources, including,
 1182  but not limited to, the state’s satellite transponders, the
 1183  Florida Information Resource Network (FIRN), and distance
 1184  learning initiatives.
 1185         (3) Assist in the coordination of the utilization of the
 1186  production and uplink capabilities available through Florida’s
 1187  public television stations, eligible facilities, independent
 1188  colleges and universities, private firms, and others as needed.
 1189         (4) Seek the assistance and cooperation of Florida’s cable
 1190  television providers in the implementation of the statewide
 1191  advanced telecommunications services and distance learning
 1192  network.
 1193         (5) Seek the assistance and cooperation of Florida’s
 1194  telecommunications carriers to provide affordable student access
 1195  to advanced telecommunications services and to distance
 1196  learning.
 1197         (6) Coordinate partnerships for development, acquisition,
 1198  use, and distribution of distance learning.
 1199         (7) Secure and administer funding for programs and
 1200  activities for distance learning from federal, state, local, and
 1201  private sources and from fees derived from services and
 1202  materials.
 1203         (8) Hire appropriate staff which may include a position
 1204  that shall be exempt from part II of chapter 110 and is included
 1205  in the Senior Management Service in accordance with s. 110.205.
 1206  
 1207  Nothing in this section shall be construed to abrogate,
 1208  supersede, alter, or amend the powers and duties of any state
 1209  agency, district school board, Florida Community College System
 1210  institution board of trustees, university board of trustees, the
 1211  Board of Governors, the State Board of Community Colleges, or
 1212  the State Board of Education.
 1213         Section 15. Effective July 1, 2017, section 1001.44,
 1214  Florida Statutes, is amended to read:
 1215         1001.44 Career centers; governance, mission, and
 1216  responsibilities.—
 1217         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1218  CENTERS.—Any district school board, after first obtaining the
 1219  approval of the Department of Education, may, as a part of the
 1220  district school system, organize, establish and operate a career
 1221  center, or acquire and operate a career center previously
 1222  established. The primary mission of a career center that is
 1223  operated by a district school board is to promote advances and
 1224  innovations in workforce preparation and economic development. A
 1225  career center may provide a learning environment that serves the
 1226  needs of a specific population group or group of occupations,
 1227  thus promoting diversity and choices within the public technical
 1228  education community in this state.
 1229         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1230  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1231  of any two or more contiguous districts may, upon first
 1232  obtaining the approval of the department, enter into an
 1233  agreement to organize, establish and operate, or acquire and
 1234  operate, a career center under this section.
 1235         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1236  BY A DIRECTOR.—
 1237         (a) A career center established or acquired under
 1238  provisions of law and minimum standards prescribed by the
 1239  commissioner shall comprise a part of the district school system
 1240  and shall mean an educational institution offering terminal
 1241  courses of a technical nature, and courses for out-of-school
 1242  youth and adults; shall be subject to all applicable provisions
 1243  of this code; shall be under the control of the district school
 1244  board of the school district in which it is located; and shall
 1245  be directed by a director responsible through the district
 1246  school superintendent to the district school board of the school
 1247  district in which the center is located.
 1248         (b) Each career center shall maintain an academic
 1249  transcript for each student enrolled in the center. Such
 1250  transcript shall delineate each course completed by the student.
 1251  Courses shall be delineated by the course prefix and title
 1252  assigned pursuant to s. 1007.24. The center shall make a copy of
 1253  a student’s transcript available to any student who requests it.
 1254         Section 16. Effective July 1, 2017, section 1001.60,
 1255  Florida Statutes, is amended to read:
 1256         1001.60 Florida Community College System.—
 1257         (1) PURPOSES.—In order to maximize open access for
 1258  students, respond to community needs for postsecondary academic
 1259  education and career degree education, and provide associate and
 1260  baccalaureate degrees that will best meet the state’s employment
 1261  needs, the Legislature establishes a system of governance for
 1262  the Florida Community College System.
 1263         (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
 1264  single Florida Community College System comprised of the Florida
 1265  Community College System institutions identified in s.
 1266  1000.21(3). A Florida Community College System institution may
 1267  not offer graduate degree programs.
 1268         (a) The programs and services offered by Florida Community
 1269  College System institutions in providing associate and
 1270  baccalaureate degrees shall be delivered in a cost-effective
 1271  manner that demonstrates substantial savings to the student and
 1272  to the state over the cost of providing the degree at a state
 1273  university.
 1274         (b)1. With the approval of its district board of trustees,
 1275  a Florida Community College System institution may change the
 1276  institution’s name set forth in s. 1000.21(3) and use the
 1277  designation “college” or “state college” if it has been
 1278  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1279  and has been accredited as a baccalaureate-degree-granting
 1280  institution by the Commission on Colleges of the Southern
 1281  Association of Colleges and Schools.
 1282         2. With the approval of its district board of trustees, a
 1283  Florida Community College System institution that does not meet
 1284  the criteria in subparagraph 1. may request approval from the
 1285  State Board of Education to change the institution’s name set
 1286  forth in s. 1000.21(3) and use the designation “college.” The
 1287  State Board of Community Colleges Education may approve the
 1288  request if the Florida Community College System institution
 1289  enters into an agreement with the State Board of Community
 1290  Colleges Education to do the following:
 1291         a. Maintain as its primary mission responsibility for
 1292  responding to community needs for postsecondary academic
 1293  education and career degree education as prescribed in s.
 1294  1004.65(5).
 1295         b. Maintain an open-door admissions policy for associate
 1296  level degree programs and workforce education programs.
 1297         c. Continue to provide outreach to underserved populations.
 1298         d. Continue to provide remedial education.
 1299         e. Comply with all provisions of the statewide articulation
 1300  agreement that relate to 2-year and 4-year public degree
 1301  granting institutions as adopted by the State Board of Community
 1302  Colleges Education pursuant to s. 1007.23.
 1303         (c) A district board of trustees that approves a change to
 1304  the name of an institution under paragraph (b) must seek
 1305  statutory codification of such name change in s. 1000.21(3)
 1306  during the next regular legislative session.
 1307         (d) A Florida Community College System institution may not
 1308  use the designation “university.”
 1309         (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
 1310  Florida Community College System shall be governed by a local
 1311  board of trustees as provided in s. 1001.64. The membership of
 1312  each local board of trustees shall be as provided in s. 1001.61.
 1313         Section 17. Effective July 1, 2017, section 1001.601,
 1314  Florida Statutes, is created to read:
 1315         1001.601 State Board of Community Colleges of the Florida
 1316  Community College System.—
 1317         (1) The State Board of Community Colleges is established as
 1318  a body corporate consisting of 13 members, which shall consist
 1319  of the Commissioner of Education and 12 citizen members who are
 1320  appointed by the Governor in a manner that provides equitable
 1321  geographical representation.
 1322         (a)The 12 appointed citizen members must include a student
 1323  enrolled in a Florida Community College System institution and a
 1324  faculty member employed at a Florida Community College System
 1325  institution.
 1326         (b)Except for the student member, each citizen member must
 1327  be confirmed by the Senate and must reside and be registered to
 1328  vote in this state.
 1329         (c)Except for the student member, who shall serve a 1-year
 1330  term, appointed citizen members shall serve staggered 4-year
 1331  terms. In order to achieve staggered terms, beginning September
 1332  1, 2017, of the initial appointments, 3 members shall serve 2
 1333  year terms, 4 members shall serve 3-year terms, and 4 members
 1334  shall serve 4-year terms.
 1335         (2) Members of the State Board of Community Colleges may
 1336  not receive compensation but may be reimbursed for travel and
 1337  per diem expenses as provided in s. 112.061.
 1338         Section 18. Section 1001.602, Florida Statutes, is created
 1339  to read:
 1340         1001.602 Powers and duties of the State Board of Community
 1341  Colleges.—
 1342         (1)RESPONSIBILITIES.—The State Board of Community Colleges
 1343  is responsible for the efficient and effective operation and
 1344  maintenance of the Florida Community College System, as defined
 1345  in s. 1001.60. The State Board of Community Colleges may adopt
 1346  rules pursuant to ss. 120.536(1) and 120.54 to implement
 1347  provisions of law for the Florida Community College System. For
 1348  the purposes of this section, the State Board of Community
 1349  Colleges is referred to as the “state board.”
 1350         (2) DUTIES.—The state board has the following duties:
 1351         (a) Ensure Florida Community College System institutions
 1352  operate consistent with the mission of the system, pursuant to
 1353  s. 1004.65.
 1354         (b) Oversee the Florida Community College System and
 1355  coordinate with the Board of Governors and the State Board of
 1356  Education to avoid wasteful duplication of facilities or
 1357  programs.
 1358         (c) Provide for each Florida Community College System
 1359  institution to offer educational training and service programs
 1360  designed to meet the needs of both students and the communities
 1361  served.
 1362         (d) Hold meetings, transact business, keep records, and,
 1363  except as otherwise provided by law, perform such other duties
 1364  as may be necessary for the enforcement of laws and rules
 1365  relating to the Florida Community College System.
 1366         (e) Provide for the coordination of educational plans and
 1367  programs to resolve controversies, minimize problems of
 1368  articulation and student transfers, ensure that students moving
 1369  from one level of education to the next have acquired
 1370  competencies necessary for satisfactory performance at that
 1371  level, and ensure maximum utilization of facilities.
 1372         (f) Establish and review, in consultation with the State
 1373  Board of Education and the Board of Governors, minimum and
 1374  uniform standards of college-level communication and computation
 1375  skills generally associated with successful performance and
 1376  progression through the baccalaureate level, to identify
 1377  college-preparatory high school coursework and postsecondary
 1378  level coursework that prepares students with the academic skills
 1379  necessary to succeed in postsecondary education.
 1380         (g) Approve plans for cooperating with the Federal
 1381  Government.
 1382         (h) Approve plans for cooperating with other public
 1383  agencies in the development of rules and in the enforcement of
 1384  laws for which the state board and the agencies are jointly
 1385  responsible.
 1386         (i) Create subordinate advisory bodies if required by law
 1387  or as necessary for the improvement of the Florida Community
 1388  College System.
 1389         (j) Coordinate with the State Board of Education to collect
 1390  and maintain data for the Florida Community College System.
 1391         (k) Establish, in conjunction with the State Board of
 1392  Education and the Board of Governors, an effective information
 1393  system that will provide composite data concerning the Florida
 1394  Community College System institutions and state universities and
 1395  that will ensure that special analyses and studies concerning
 1396  the institutions are conducted, as necessary, for provision of
 1397  accurate and cost-effective information concerning the
 1398  institutions.
 1399         (l) Establish accountability standards for existing
 1400  legislative performance goals, standards, and measures, and
 1401  order the development of mechanisms to implement new legislative
 1402  goals, standards, and measures.
 1403         (m) Require each Florida Community College System
 1404  institution, before registration, to provide each enrolled
 1405  student electronic access to the economic security report of
 1406  employment and earning outcomes prepared by the Department of
 1407  Economic Opportunity pursuant to s. 445.07.
 1408         (n) Specify, by rule, procedures to be used by Florida
 1409  Community College System institution boards of trustees in the
 1410  annual evaluation of presidents, and review the evaluations of
 1411  presidents by the boards of trustees, including the extent to
 1412  which presidents serve both institutional and system goals.
 1413         (o) Establish, subject to existing law, the tuition and
 1414  out-of-state fees for developmental education and for credit
 1415  instruction that may be counted toward an associate in arts
 1416  degree, an associate in applied science degree, or an associate
 1417  in science degree.
 1418         (p) Develop, in conjunction with the Board of Governors and
 1419  the State Board of Education, and implement a common placement
 1420  test to assess the basic computation and communication skills of
 1421  students who intend to enter a degree program at a Florida
 1422  Community College System institution or state university.
 1423         (q) May direct the Chancellor of the Florida Community
 1424  College System to conduct investigations of practices,
 1425  procedures, or actions at a Florida Community College System
 1426  institution which appear to be inconsistent with sound
 1427  financial, management, or academic practice.
 1428         (r) Examine the annual administrative review of each
 1429  Florida Community College System institution.
 1430         (s) Through the Chancellor of the Florida Community College
 1431  System, integrally work with the boards of trustees of the
 1432  Florida Community College System institutions.
 1433         (t) Establish criteria for making recommendations
 1434  concerning all proposals to establish additional centers or
 1435  campuses for a Florida Community College System institution.
 1436         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1437  the requirements under subsection (4) and the performance
 1438  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1439  state board shall identify performance metrics for the Florida
 1440  Community College System and develop a plan that specifies goals
 1441  and objectives for each Florida Community College System
 1442  institution. The plan must include:
 1443         (a) Performance metrics and standards common for all
 1444  institutions and metrics and standards unique to institutions
 1445  depending on institutional core missions, including, but not
 1446  limited to, remediation success, retention, graduation,
 1447  employment, transfer rates, licensure passage, excess hours,
 1448  student loan burden and default rates, job placement, faculty
 1449  awards, and highly respected rankings for institution and
 1450  program achievements.
 1451         (b) Student enrollment and performance data delineated by
 1452  method of instruction, including, but not limited to,
 1453  traditional, online, and distance learning instruction.
 1454         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1455         (a) The state board shall adopt a strategic plan that
 1456  specifies goals and objectives for the Florida Community College
 1457  System. The plan must be formulated in conjunction with plans of
 1458  the State Board of Education and the Board of Governors in order
 1459  to coordinate the roles of the school districts and universities
 1460  to best meet state needs and reflect cost-effective use of state
 1461  resources. The strategic plan must clarify the mission
 1462  statements of the Florida Community College System and each
 1463  Florida Community College System institution and identify degree
 1464  programs, including baccalaureate degree programs, to be offered
 1465  at each Florida Community College System institution in
 1466  accordance with the objectives provided in this subsection and
 1467  the coordinated 5-year plan pursuant to s. 1001.02(2)(v). The
 1468  strategic plan must cover a period of 5 years, with modification
 1469  of the program lists after 2 years. Development of each 5-year
 1470  plan must be coordinated with and initiated after completion of
 1471  the master plan. The strategic plan must consider reports and
 1472  recommendations of the Higher Education Coordinating Council
 1473  pursuant to s. 1004.015 and the Articulation Coordinating
 1474  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1475  the state board shall submit a report to the President of the
 1476  Senate and the Speaker of the House of Representatives as part
 1477  of its legislative budget request.
 1478         (b) The state board, the State Board of Education, and the
 1479  Board of Governors shall jointly develop long-range plans and
 1480  annual reports for financial aid in this state. The long-range
 1481  plans must establish goals and objectives for a comprehensive
 1482  program of financial aid for students and shall be updated every
 1483  5 years. The annual report must include programs administered by
 1484  the department as well as awards made from financial aid fee
 1485  revenues, other funds appropriated by the Legislature for
 1486  financial assistance, and the value of tuition and fees waived
 1487  for students enrolled in a dual enrollment course at a public
 1488  postsecondary educational institution. The annual report must
 1489  include an assessment of the progress made in achieving goals
 1490  and objectives established in the long-range plans and must
 1491  include recommendations for repealing or modifying existing
 1492  financial aid programs or establishing new programs. The state
 1493  board, the State Board of Education, and the Board of Governors
 1494  shall submit their long-range plans by July 1, 2018, and every 5
 1495  years thereafter and shall submit their annual reports on July
 1496  1, 2018, and in each successive year that a long-range plan is
 1497  not submitted, to the President of the Senate and the Speaker of
 1498  the House of Representatives.
 1499         (c) The state board shall also:
 1500         1. Adopt comprehensive long-range plans and short-range
 1501  programs for the development of the Florida Community College
 1502  System.
 1503         2. Assist in the economic development of the state by
 1504  developing a state-level planning process to identify future
 1505  training needs for industry, especially high-technology
 1506  industry.
 1507         3. Adopt criteria and implementation plans for future
 1508  growth issues, such as new Florida Community College System
 1509  institutions and Florida Community College System institution
 1510  campus mergers, and provide for cooperative agreements between
 1511  and within public and private education sectors.
 1512         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1513  prescribe minimum standards, definitions, and guidelines for
 1514  Florida Community College System institutions which will ensure
 1515  the quality of education, coordination among the Florida
 1516  Community College System institutions and state universities,
 1517  and efficient progress toward accomplishing the Florida
 1518  Community College System institution’s mission. At a minimum,
 1519  these rules must address all of the following:
 1520         (a) Personnel.
 1521         (b) Contracting.
 1522         (c) Program offerings and classification, including
 1523  college-level communication and computation skills associated
 1524  with successful performance in college and with tests and other
 1525  assessment procedures that measure student achievement of those
 1526  skills. The performance measures must provide that students
 1527  moving from one level of education to the next acquire the
 1528  necessary competencies for that level.
 1529         (d) Provisions for curriculum development, graduation
 1530  requirements, college calendars, and program service areas.
 1531  These provisions must include rules that:
 1532         1. Provide for the award of an associate in arts degree to
 1533  a student who successfully completes 60 semester credit hours at
 1534  the Florida Community College System institution.
 1535         2. Require all of the credits accepted for the associate in
 1536  arts degree to be in the statewide course numbering system as
 1537  credits toward a baccalaureate degree offered by a state
 1538  university or a Florida Community College System institution.
 1539         3. Require no more than 36 semester credit hours in general
 1540  education courses in the subject areas of communication,
 1541  mathematics, social sciences, humanities, and natural sciences.
 1542  
 1543  The rules under this paragraph should encourage Florida
 1544  Community College System institutions to enter into agreements
 1545  with state universities which allow a Florida Community College
 1546  System institution student to complete upper-division-level
 1547  courses at a Florida Community College System institution. An
 1548  agreement may provide for concurrent enrollment at the Florida
 1549  Community College System institution and the state university
 1550  and may authorize the Florida Community College System
 1551  institution to offer an upper-division-level course or distance
 1552  learning.
 1553         (e) Student admissions, conduct and discipline;
 1554  nonclassroom activities; and fees.
 1555         (f) Budgeting.
 1556         (g) Business and financial matters.
 1557         (h) Student services.
 1558         (i) Reports, surveys, and information systems, including
 1559  forms and dates of submission.
 1560         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1561  shall provide for the cyclic review of all academic programs in
 1562  Florida Community College System institutions at least every 7
 1563  years. Program reviews must document how individual academic
 1564  programs are achieving stated student learning and program
 1565  objectives within the context of the institution’s mission. The
 1566  results of the program reviews must inform strategic planning,
 1567  program development, and budgeting decisions at the
 1568  institutional level.
 1569         (7) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
 1570  BACCALAUREATE DEGREE PROGRAMS.—The state board shall provide for
 1571  the review and approval of proposals by Florida Community
 1572  College System institutions to offer baccalaureate degree
 1573  programs pursuant to s. 1007.33. A Florida Community College
 1574  System institution, as defined in s. 1000.21, which is approved
 1575  to offer baccalaureate degrees pursuant to s. 1007.33 remains
 1576  under the authority of the state board and the Florida Community
 1577  College System institution’s board of trustees.
 1578         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1579  establish criteria for making recommendations for modifying
 1580  district boundary lines for a Florida Community College System
 1581  institution, including criteria for service delivery areas of a
 1582  Florida Community College System institution authorized to grant
 1583  baccalaureate degrees.
 1584         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1585  the performance of Florida Community College System institution
 1586  boards of trustees in enforcement of all laws and rules. Florida
 1587  Community College System institution boards of trustees are
 1588  primarily responsible for compliance with law and state board
 1589  rule.
 1590         (a) In order to ensure compliance with law or state board
 1591  rule, the state board has the authority to request and receive
 1592  information, data, and reports from Florida Community College
 1593  System institutions. The Florida Community College System
 1594  institution president is responsible for the accuracy of the
 1595  information and data reported to the state board.
 1596         (b) The Chancellor of the Florida Community College System
 1597  may investigate allegations of noncompliance with law or state
 1598  board rule and determine probable cause. The Chancellor shall
 1599  report determinations of probable cause to the State Board of
 1600  Community Colleges who shall require the Florida Community
 1601  College System institution board of trustees to document
 1602  compliance with law or state board rule.
 1603         (c) If the Florida Community College System institution
 1604  board of trustees cannot satisfactorily document compliance, the
 1605  state board may order compliance within a specified timeframe.
 1606         (d) If the state board determines that a Florida Community
 1607  College System institution board of trustees is unwilling or
 1608  unable to comply with law or state board rule within the
 1609  specified time, the state board has the authority to initiate
 1610  any of the following actions:
 1611         1. Report to the Legislature that the Florida Community
 1612  College System institution is unwilling or unable to comply with
 1613  law or state board rule and recommend that the Legislature take
 1614  action against the institution;
 1615         2. Withhold the transfer of state funds, discretionary
 1616  grant funds, discretionary lottery funds, or any other funds
 1617  specified as eligible for this purpose by the Legislature until
 1618  the Florida Community College System institution complies with
 1619  the law or state board rule;
 1620         3. Declare the Florida Community College System institution
 1621  ineligible for competitive grants; or
 1622         4. Require monthly or periodic reporting on the situation
 1623  related to noncompliance until it is remedied.
 1624         (e) This section may not be construed to create a private
 1625  cause of action or create any rights for individuals or entities
 1626  in addition to those provided elsewhere in law or rule.
 1627         (10) INSPECTOR GENERAL.—The inspector general is
 1628  responsible for promoting accountability, efficiency, and
 1629  effectiveness and detecting fraud and abuse within Florida
 1630  Community College System institutions. If the Chancellor of the
 1631  Florida Community College System determines that a Florida
 1632  Community College System institution board of trustees is
 1633  unwilling or unable to address substantiated allegations made by
 1634  any person relating to waste, fraud, or financial mismanagement
 1635  within the Florida Community College System institution, the
 1636  inspector general shall conduct, coordinate, or request
 1637  investigations into such substantiated allegations. The
 1638  inspector general shall have access to all information and
 1639  personnel necessary to perform its duties and shall have all of
 1640  his or her current powers, duties, and responsibilities
 1641  authorized in s. 20.055.
 1642         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1643  state board shall coordinate with the State Board of Education:
 1644         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1645  education budget.
 1646         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1647  the Legislature a 3-year list of priorities for fixed-capital
 1648  outlay projects.
 1649         (12) COMMON POSTSECONDARY DEFINITIONS.—Adopt in
 1650  collaboration with the State Board of Education, by rule,
 1651  definitions for associate in science degrees and for
 1652  certificates offered by Florida Community College System
 1653  institutions.
 1654         Section 19. Section 1001.61, Florida Statutes, is amended
 1655  to read:
 1656         1001.61 Florida Community College System institution boards
 1657  of trustees; membership.—
 1658         (1) Florida Community College System institution boards of
 1659  trustees shall be comprised of five members when a Florida
 1660  Community College System institution district is confined to one
 1661  school board district; seven members when a Florida Community
 1662  College System institution district is confined to one school
 1663  board district and the board of trustees so elects; and not more
 1664  than nine members when the district contains two or more school
 1665  board districts, as provided by rules of the State Board of
 1666  Community Colleges Education. However, Florida State College at
 1667  Jacksonville shall have an odd number of trustees, and St. Johns
 1668  River State College shall have seven trustees from the three
 1669  county area that the college serves.
 1670         (2) Trustees shall be appointed by the Governor to
 1671  staggered 4-year terms, subject to confirmation by the Senate in
 1672  regular session.
 1673         (3) Members of the board of trustees shall receive no
 1674  compensation but may receive reimbursement for expenses as
 1675  provided in s. 112.061.
 1676         (4) At its first regular meeting after July 1 of each year,
 1677  each Florida Community College System institution board of
 1678  trustees shall organize by electing a chair, whose duty as such
 1679  is to preside at all meetings of the board, to call special
 1680  meetings thereof, and to attest to actions of the board, and a
 1681  vice chair, whose duty as such is to act as chair during the
 1682  absence or disability of the elected chair. It is the further
 1683  duty of the chair of each board of trustees to notify the
 1684  Governor, in writing, whenever a board member fails to attend
 1685  three consecutive regular board meetings in any one fiscal year,
 1686  which absences may be grounds for removal.
 1687         (5) A Florida Community College System institution
 1688  president shall serve as the executive officer and corporate
 1689  secretary of the board of trustees and shall be responsible to
 1690  the board of trustees for setting the agenda for meetings of the
 1691  board of trustees in consultation with the chair. The president
 1692  also serves as the chief administrative officer of the Florida
 1693  Community College System institution, and all the components of
 1694  the institution and all aspects of its operation are responsible
 1695  to the board of trustees through the president.
 1696         Section 20. Section 1001.64, Florida Statutes, is amended
 1697  to read:
 1698         1001.64 Florida Community College System institution boards
 1699  of trustees; powers and duties.—
 1700         (1) The boards of trustees shall be responsible for cost
 1701  effective policy decisions appropriate to the Florida Community
 1702  College System institution’s mission, the implementation and
 1703  maintenance of high-quality education programs within law and
 1704  rules of the State Board of Community Colleges Education, the
 1705  measurement of performance, the reporting of information, and
 1706  the provision of input regarding state policy, budgeting, and
 1707  education standards.
 1708         (2) Each board of trustees is vested with the
 1709  responsibility to govern its respective Florida Community
 1710  College System institution and with such necessary authority as
 1711  is needed for the proper operation and improvement thereof in
 1712  accordance with rules of the State Board of Community Colleges
 1713  Education.
 1714         (3) A board of trustees shall have the power to take action
 1715  without a recommendation from the president and shall have the
 1716  power to require the president to deliver to the board of
 1717  trustees all data and information required by the board of
 1718  trustees in the performance of its duties. A board of trustees
 1719  shall ask the Chancellor of the Florida Community College System
 1720  Commissioner of Education to authorize an investigation of the
 1721  president’s actions by the State Board of Community College’s
 1722  department’s inspector general if the board considers such
 1723  investigation necessary. The inspector general shall provide a
 1724  report detailing each issue under investigation and shall
 1725  recommend corrective action. If the inspector general identifies
 1726  potential legal violations, he or she shall refer the potential
 1727  legal violations to the Commission on Ethics, the Department of
 1728  Law Enforcement, the Attorney General, or another appropriate
 1729  authority.
 1730         (4)(a) The board of trustees, after considering
 1731  recommendations submitted by the Florida Community College
 1732  System institution president, may adopt rules pursuant to ss.
 1733  120.536(1) and 120.54 to implement the provisions of law
 1734  conferring duties upon it. These rules may supplement those
 1735  prescribed by the State Board of Community Colleges Education if
 1736  they will contribute to the more orderly and efficient operation
 1737  of Florida Community College System institutions.
 1738         (b) Each board of trustees is specifically authorized to
 1739  adopt rules, procedures, and policies, consistent with law and
 1740  rules of the State Board of Community Colleges Education,
 1741  related to its mission and responsibilities as set forth in s.
 1742  1004.65, its governance, personnel, budget and finance,
 1743  administration, programs, curriculum and instruction, buildings
 1744  and grounds, travel and purchasing, technology, students,
 1745  contracts and grants, or college property.
 1746         (5) Each board of trustees shall have responsibility for
 1747  the use, maintenance, protection, and control of Florida
 1748  Community College System institution owned or Florida Community
 1749  College System institution controlled buildings and grounds,
 1750  property and equipment, name, trademarks and other proprietary
 1751  marks, and the financial and other resources of the Florida
 1752  Community College System institution. Such authority may include
 1753  placing restrictions on activities and on access to facilities,
 1754  firearms, food, tobacco, alcoholic beverages, distribution of
 1755  printed materials, commercial solicitation, animals, and sound.
 1756         (6) Each board of trustees has responsibility for the
 1757  establishment and discontinuance of program and course offerings
 1758  in accordance with law and rule; provision for instructional and
 1759  noninstructional community services, location of classes, and
 1760  services provided; and dissemination of information concerning
 1761  such programs and services. New programs must be approved
 1762  pursuant to s. 1004.03.
 1763         (7) Each board of trustees has responsibility for: ensuring
 1764  that students have access to general education courses as
 1765  identified in rule; requiring no more than 60 semester hours of
 1766  degree program coursework, including 36 semester hours of
 1767  general education coursework, for an associate in arts degree;
 1768  notifying students that earned hours in excess of 60 semester
 1769  hours may not be accepted by state universities; notifying
 1770  students of unique program prerequisites; and ensuring that
 1771  degree program coursework beyond general education coursework is
 1772  consistent with degree program prerequisite requirements adopted
 1773  pursuant to s. 1007.25(5).
 1774         (8) Each board of trustees has authority for policies
 1775  related to students, enrollment of students, student records,
 1776  student activities, financial assistance, and other student
 1777  services.
 1778         (a) Each board of trustees shall govern admission of
 1779  students pursuant to s. 1007.263 and rules of the State Board of
 1780  Community Colleges Education. A board of trustees may establish
 1781  additional admissions criteria, which shall be included in the
 1782  dual enrollment articulation agreement developed according to s.
 1783  1007.271(21), to ensure student readiness for postsecondary
 1784  instruction. Each board of trustees may consider the past
 1785  actions of any person applying for admission or enrollment and
 1786  may deny admission or enrollment to an applicant because of
 1787  misconduct if determined to be in the best interest of the
 1788  Florida Community College System institution.
 1789         (b) Each board of trustees shall adopt rules establishing
 1790  student performance standards for the award of degrees and
 1791  certificates pursuant to s. 1004.68.
 1792         (c) Boards of trustees are authorized to establish
 1793  intrainstitutional and interinstitutional programs to maximize
 1794  articulation pursuant to s. 1007.22.
 1795         (d) Boards of trustees shall identify their general
 1796  education curricula pursuant to s. 1007.25(6).
 1797         (e) Each board of trustees must adopt a written antihazing
 1798  policy, provide a program for the enforcement of such rules, and
 1799  adopt appropriate penalties for violations of such rules
 1800  pursuant to the provisions of s. 1006.63.
 1801         (f) Each board of trustees may establish a uniform code of
 1802  conduct and appropriate penalties for violation of its rules by
 1803  students and student organizations, including rules governing
 1804  student academic honesty. Such penalties, unless otherwise
 1805  provided by law, may include fines, the withholding of diplomas
 1806  or transcripts pending compliance with rules or payment of
 1807  fines, and the imposition of probation, suspension, or
 1808  dismissal.
 1809         (g) Each board of trustees pursuant to s. 1006.53 shall
 1810  adopt a policy in accordance with rules of the State Board of
 1811  Community Colleges Education that reasonably accommodates the
 1812  religious observance, practice, and belief of individual
 1813  students in regard to admissions, class attendance, and the
 1814  scheduling of examinations and work assignments.
 1815         (9) A board of trustees may contract with the board of
 1816  trustees of a state university for the Florida Community College
 1817  System institution to provide developmental education on the
 1818  state university campus.
 1819         (10) Each board of trustees shall establish fees pursuant
 1820  to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
 1821         (11) Each board of trustees shall submit an institutional
 1822  budget request, including a request for fixed capital outlay,
 1823  and an operating budget to the State Board of Community Colleges
 1824  Education for review in accordance with guidelines established
 1825  by the State Board of Community Colleges Education.
 1826         (12) Each board of trustees shall account for expenditures
 1827  of all state, local, federal, and other funds in the manner
 1828  described by the State Board of Community Colleges Department of
 1829  Education.
 1830         (13) Each board of trustees is responsible for the uses for
 1831  the proceeds of academic improvement trust funds pursuant to s.
 1832  1011.85.
 1833         (14) Each board of trustees shall develop a strategic plan
 1834  specifying institutional goals and objectives for the Florida
 1835  Community College System institution for recommendation to the
 1836  State Board of Community Colleges Education.
 1837         (15) Each board of trustees shall develop an accountability
 1838  plan pursuant to s. 1008.45.
 1839         (16) Each board of trustees must expend performance funds
 1840  provided for workforce education pursuant to the provisions of
 1841  s. 1011.80.
 1842         (17) Each board of trustees is accountable for performance
 1843  in certificate career education and diploma programs pursuant to
 1844  s. 1008.43.
 1845         (18) Each board of trustees shall establish the personnel
 1846  program for all employees of the Florida Community College
 1847  System institution, including the president, pursuant to the
 1848  provisions of chapter 1012 and rules and guidelines of the State
 1849  Board of Community Colleges Education, including: compensation
 1850  and other conditions of employment; recruitment and selection;
 1851  nonreappointment; standards for performance and conduct;
 1852  evaluation; benefits and hours of work; leave policies;
 1853  recognition; inventions and work products; travel; learning
 1854  opportunities; exchange programs; academic freedom and
 1855  responsibility; promotion; assignment; demotion; transfer;
 1856  ethical obligations and conflict of interest; restrictive
 1857  covenants; disciplinary actions; complaints; appeals and
 1858  grievance procedures; and separation and termination from
 1859  employment.
 1860         (19) Each board of trustees shall appoint, suspend, or
 1861  remove the president of the Florida Community College System
 1862  institution. The board of trustees may appoint a search
 1863  committee. The board of trustees shall conduct annual
 1864  evaluations of the president in accordance with rules of the
 1865  State Board of Community Colleges Education and submit such
 1866  evaluations to the State Board of Community Colleges Education
 1867  for review. The evaluation must address the achievement of the
 1868  performance goals established by the accountability process
 1869  implemented pursuant to s. 1008.45 and the performance of the
 1870  president in achieving the annual and long-term goals and
 1871  objectives established in the Florida Community College System
 1872  institution’s employment accountability program implemented
 1873  pursuant to s. 1012.86.
 1874         (20) Each board of trustees is authorized to enter into
 1875  contracts to provide a State Community College System Optional
 1876  Retirement Program pursuant to s. 1012.875 and to enter into
 1877  consortia with other boards of trustees for this purpose.
 1878         (21) Each board of trustees is authorized to purchase
 1879  annuities for its Florida Community College System institution
 1880  personnel who have 25 or more years of creditable service and
 1881  who have reached age 55 and have applied for retirement under
 1882  the Florida Retirement System pursuant to the provisions of s.
 1883  1012.87.
 1884         (22) A board of trustees may defray all costs of defending
 1885  civil actions against officers, employees, or agents of the
 1886  board of trustees pursuant to s. 1012.85.
 1887         (23) Each board of trustees has authority for risk
 1888  management, safety, security, and law enforcement operations.
 1889  Each board of trustees is authorized to employ personnel,
 1890  including police officers pursuant to s. 1012.88, to carry out
 1891  the duties imposed by this subsection.
 1892         (24) Each board of trustees shall provide rules governing
 1893  parking and the direction and flow of traffic within campus
 1894  boundaries. Except for sworn law enforcement personnel, persons
 1895  employed to enforce campus parking rules have no authority to
 1896  arrest or issue citations for moving traffic violations. The
 1897  board of trustees may adopt a uniform code of appropriate
 1898  penalties for violations. Such penalties, unless otherwise
 1899  provided by law, may include the levying of fines, the
 1900  withholding of diplomas or transcripts pending compliance with
 1901  rules or payment of fines, and the imposition of probation,
 1902  suspension, or dismissal. Moneys collected from parking rule
 1903  infractions shall be deposited in appropriate funds at each
 1904  Florida Community College System institution for student
 1905  financial aid purposes.
 1906         (25) Each board of trustees constitutes the contracting
 1907  agent of the Florida Community College System institution. It
 1908  may when acting as a body make contracts, sue, and be sued in
 1909  the name of the board of trustees. In any suit, a change in
 1910  personnel of the board of trustees shall not abate the suit,
 1911  which shall proceed as if such change had not taken place.
 1912         (26) Each board of trustees is authorized to contract for
 1913  the purchase, sale, lease, license, or acquisition in any
 1914  manner, including purchase by installment or lease-purchase
 1915  contract which may provide for the payment of interest on the
 1916  unpaid portion of the purchase price and for the granting of a
 1917  security interest in the items purchased, subject to the
 1918  provisions of subsection (38) and ss. 1009.22 and 1009.23, of
 1919  goods, materials, equipment, and services required by the
 1920  Florida Community College System institution. The board of
 1921  trustees may choose to consolidate equipment contracts under
 1922  master equipment financing agreements made pursuant to s.
 1923  287.064.
 1924         (27) Each board of trustees shall be responsible for
 1925  managing and protecting real and personal property acquired or
 1926  held in trust for use by and for the benefit of such Florida
 1927  Community College System institution. To that end, any board of
 1928  trustees is authorized to be self-insured, to enter into risk
 1929  management programs, or to purchase insurance for whatever
 1930  coverage it may choose, or to have any combination thereof, in
 1931  anticipation of any loss, damage, or destruction. A board of
 1932  trustees may contract for self-insurance services pursuant to s.
 1933  1004.725.
 1934         (28) Each board of trustees is authorized to enter into
 1935  agreements for, and accept, credit card, charge card, and debit
 1936  card payments as compensation for goods, services, tuition, and
 1937  fees. Each Florida Community College System institution is
 1938  further authorized to establish accounts in credit card, charge
 1939  card, and debit card banks for the deposit of sales invoices.
 1940         (29) Each board of trustees may provide incubator
 1941  facilities to eligible small business concerns pursuant to s.
 1942  1004.79.
 1943         (30) Each board of trustees may establish a technology
 1944  transfer center for the purpose of providing institutional
 1945  support to local business and industry and governmental agencies
 1946  in the application of new research in technology pursuant to the
 1947  provisions of s. 1004.78.
 1948         (31) Each board of trustees may establish economic
 1949  development centers for the purpose of serving as liaisons
 1950  between Florida Community College System institutions and the
 1951  business sector pursuant to the provisions of s. 1004.80.
 1952         (32) Each board of trustees may establish a child
 1953  development training center pursuant to s. 1004.81.
 1954         (33) Each board of trustees is authorized to develop and
 1955  produce work products relating to educational endeavors that are
 1956  subject to trademark, copyright, or patent statutes pursuant to
 1957  chapter 1004.
 1958         (34) Each board of trustees shall administer the facilities
 1959  program pursuant to chapter 1013, including but not limited to:
 1960  the construction of public educational and ancillary plants; the
 1961  acquisition and disposal of property; compliance with building
 1962  and life safety codes; submission of data and information
 1963  relating to facilities and construction; use of buildings and
 1964  grounds; establishment of safety and sanitation programs for the
 1965  protection of building occupants; and site planning and
 1966  selection.
 1967         (35) Each board of trustees may exercise the right of
 1968  eminent domain pursuant to the provisions of chapter 1013.
 1969         (36) Each board of trustees may enter into lease-purchase
 1970  arrangements with private individuals or corporations for
 1971  necessary grounds and buildings for Florida Community College
 1972  System institution purposes, other than dormitories, or for
 1973  buildings other than dormitories to be erected for Florida
 1974  Community College System institution purposes. Such arrangements
 1975  shall be paid from capital outlay and debt service funds as
 1976  provided by s. 1011.84(2), with terms not to exceed 30 years at
 1977  a stipulated rate. The provisions of such contracts, including
 1978  building plans, are subject to approval by the Department of
 1979  Education, and no such contract may be entered into without such
 1980  approval.
 1981         (37) Each board of trustees may purchase, acquire, receive,
 1982  hold, own, manage, lease, sell, dispose of, and convey title to
 1983  real property, in the best interests of the Florida Community
 1984  College System institution.
 1985         (38) Each board of trustees is authorized to enter into
 1986  short-term loans and installment, lease-purchase, and other
 1987  financing contracts for a term of not more than 5 years,
 1988  including renewals, extensions, and refundings. Payments on
 1989  short-term loans and installment, lease-purchase, and other
 1990  financing contracts pursuant to this subsection shall be subject
 1991  to annual appropriation by the board of trustees. Each board of
 1992  trustees is authorized to borrow funds and incur long-term debt,
 1993  including promissory notes, installment sales agreements, lease
 1994  purchase agreements, certificates of participation, and other
 1995  similar long-term financing arrangements, only as specifically
 1996  provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
 1997  the option of the board of trustees, bonds issued pursuant to
 1998  ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
 1999  by a combination of revenues authorized to be pledged to bonds
 2000  pursuant to such subsections. Revenue bonds may not be secured
 2001  by or paid from, directly or indirectly, tuition, financial aid
 2002  fees, the Florida Community College System Program Fund, or any
 2003  other operating revenues of a Florida Community College System
 2004  institution. Lease-purchase agreements may be secured by a
 2005  combination of revenues as specifically authorized pursuant to
 2006  ss. 1009.22(7) and 1009.23(10).
 2007         (39) Each board of trustees shall prescribe conditions for
 2008  direct-support organizations to be certified and to use Florida
 2009  Community College System institution property and services.
 2010  Conditions relating to certification must provide for audit
 2011  review and oversight by the board of trustees.
 2012         (40) Each board of trustees may adopt policies pursuant to
 2013  s. 1010.02 that provide procedures for transferring to the
 2014  direct-support organization of that Florida Community College
 2015  System institution for administration by such organization
 2016  contributions made to the Florida Community College System
 2017  institution.
 2018         (41) The board of trustees shall exert every effort to
 2019  collect all delinquent accounts pursuant to s. 1010.03.
 2020         (42) Each board of trustees shall implement a plan, in
 2021  accordance with guidelines of the State Board of Community
 2022  Colleges Education, for working on a regular basis with the
 2023  other Florida Community College System institution boards of
 2024  trustees, representatives of the university boards of trustees,
 2025  and representatives of the district school boards to achieve the
 2026  goals of the seamless education system.
 2027         (43) Each board of trustees has responsibility for
 2028  compliance with state and federal laws, rules, regulations, and
 2029  requirements.
 2030         (44) Each board of trustees may adopt rules, procedures,
 2031  and policies related to institutional governance,
 2032  administration, and management in order to promote orderly and
 2033  efficient operation, including, but not limited to, financial
 2034  management, budget management, physical plant management, and
 2035  property management.
 2036         (45) Each board of trustees may adopt rules and procedures
 2037  related to data or technology, including, but not limited to,
 2038  information systems, communications systems, computer hardware
 2039  and software, and networks.
 2040         (46) Each board of trustees may consider the past actions
 2041  of any person applying for employment and may deny employment to
 2042  a person because of misconduct if determined to be in the best
 2043  interest of the Florida Community College System institution.
 2044         (47) Each contract or employment agreement, or renewal or
 2045  renegotiation of an existing contract or employment agreement,
 2046  containing a provision for severance pay with an officer, agent,
 2047  employee, or contractor must include the provisions required in
 2048  s. 215.425.
 2049         (48) Each board of trustees shall use purchasing agreements
 2050  and state term contracts pursuant to s. 287.056 or enter into
 2051  consortia and cooperative agreements to maximize the purchasing
 2052  power for goods and services. A consortium or cooperative
 2053  agreement may be statewide, regional, or a combination of
 2054  institutions, as appropriate to achieve the lowest cost, with
 2055  the goal of achieving a 5-percent savings on existing contract
 2056  prices through the use of new cooperative arrangements or new
 2057  consortium contracts.
 2058         Section 21. Section 1001.65, Florida Statutes, is amended
 2059  to read:
 2060         1001.65 Florida Community College System institution
 2061  presidents; powers and duties.—The president is the chief
 2062  executive officer of the Florida Community College System
 2063  institution, shall be corporate secretary of the Florida
 2064  Community College System institution board of trustees, and is
 2065  responsible for the operation and administration of the Florida
 2066  Community College System institution. Each Florida Community
 2067  College System institution president shall:
 2068         (1) Recommend the adoption of rules, as appropriate, to the
 2069  Florida Community College System institution board of trustees
 2070  to implement provisions of law governing the operation and
 2071  administration of the Florida Community College System
 2072  institution, which shall include the specific powers and duties
 2073  enumerated in this section. Such rules shall be consistent with
 2074  law, the mission of the Florida Community College System
 2075  institution, and the rules and policies of the State Board of
 2076  Community Colleges Education.
 2077         (2) Prepare a budget request and an operating budget
 2078  pursuant to s. 1011.30 for approval by the Florida Community
 2079  College System institution board of trustees at such time and in
 2080  such format as the State Board of Community Colleges Education
 2081  may prescribe.
 2082         (3) Establish and implement policies and procedures to
 2083  recruit, appoint, transfer, promote, compensate, evaluate,
 2084  reward, demote, discipline, and remove personnel, within law and
 2085  rules of the State Board of Community College Education and in
 2086  accordance with rules or policies approved by the Florida
 2087  Community College System institution board of trustees.
 2088         (4) Govern admissions, subject to law and rules or policies
 2089  of the Florida Community College System institution board of
 2090  trustees and the State Board of Community Colleges Education.
 2091         (5) Approve, execute, and administer contracts for and on
 2092  behalf of the Florida Community College System institution board
 2093  of trustees for licenses; the acquisition or provision of
 2094  commodities, goods, equipment, and services; leases of real and
 2095  personal property; and planning and construction to be rendered
 2096  to or by the Florida Community College System institution,
 2097  provided such contracts are within law and guidelines of the
 2098  State Board of Community Colleges Education and in conformance
 2099  with policies of the Florida Community College System
 2100  institution board of trustees, and are for the implementation of
 2101  approved programs of the Florida Community College System
 2102  institution.
 2103         (6) Act for the Florida Community College System
 2104  institution board of trustees as custodian of all Florida
 2105  Community College System institution property and financial
 2106  resources. The authority vested in the Florida Community College
 2107  System institution president under this subsection includes the
 2108  authority to prioritize the use of Florida Community College
 2109  System institution space, property, equipment, and resources and
 2110  the authority to impose charges for the use of those items.
 2111         (7) Establish the internal academic calendar of the Florida
 2112  Community College System institution within general guidelines
 2113  of the State Board of Community Colleges Education.
 2114         (8) Administer the Florida Community College System
 2115  institution’s program of intercollegiate athletics.
 2116         (9) Recommend to the board of trustees the establishment
 2117  and termination of programs within the approved role and scope
 2118  of the Florida Community College System institution.
 2119         (10) Award degrees.
 2120         (11) Recommend to the board of trustees a schedule of
 2121  tuition and fees to be charged by the Florida Community College
 2122  System institution, within law and rules of the State Board of
 2123  Community Colleges Education.
 2124         (12) Organize the Florida Community College System
 2125  institution to efficiently and effectively achieve the goals of
 2126  the Florida Community College System institution.
 2127         (13) Review periodically the operations of the Florida
 2128  Community College System institution in order to determine how
 2129  effectively and efficiently the Florida Community College System
 2130  institution is being administered and whether it is meeting the
 2131  goals of its strategic plan adopted by the State Board of
 2132  Community Colleges Education.
 2133         (14) Enter into agreements for student exchange programs
 2134  that involve students at the Florida Community College System
 2135  institution and students in other institutions of higher
 2136  learning.
 2137         (15) Approve the internal procedures of student government
 2138  organizations and provide purchasing, contracting, and budgetary
 2139  review processes for these organizations.
 2140         (16) Ensure compliance with federal and state laws, rules,
 2141  regulations, and other requirements that are applicable to the
 2142  Florida Community College System institution.
 2143         (17) Maintain all data and information pertaining to the
 2144  operation of the Florida Community College System institution,
 2145  and report on the attainment by the Florida Community College
 2146  System institution of institutional and statewide performance
 2147  accountability goals.
 2148         (18) Certify to the department a project’s compliance with
 2149  the requirements for expenditure of PECO funds prior to release
 2150  of funds pursuant to the provisions of chapter 1013.
 2151         (19) Provide to the law enforcement agency and fire
 2152  department that has jurisdiction over the Florida Community
 2153  College System institution a copy of the floor plans and other
 2154  relevant documents for each educational facility as defined in
 2155  s. 1013.01(6). After the initial submission of the floor plans
 2156  and other relevant documents, the Florida Community College
 2157  System institution president shall submit, by October 1 of each
 2158  year, revised floor plans and other relevant documents for each
 2159  educational facility that was modified during the preceding
 2160  year.
 2161         (20) Develop and implement jointly with school
 2162  superintendents a comprehensive dual enrollment articulation
 2163  agreement for the students enrolled in their respective school
 2164  districts and service areas pursuant to s. 1007.271(21).
 2165         (21) Have authority, after notice to the student of the
 2166  charges and after a hearing thereon, to expel, suspend, or
 2167  otherwise discipline any student who is found to have violated
 2168  any law, ordinance, or rule or regulation of the State Board of
 2169  Community Colleges Education or of the board of trustees of the
 2170  Florida Community College System institution pursuant to the
 2171  provisions of s. 1006.62.
 2172         (22) Submit an annual employment accountability plan to the
 2173  State Board of Community Colleges Department of Education
 2174  pursuant to the provisions of s. 1012.86.
 2175         (23) Annually evaluate, or have a designee annually
 2176  evaluate, each department chairperson, dean, provost, and vice
 2177  president in achieving the annual and long-term goals and
 2178  objectives of the Florida Community College System institution’s
 2179  employment accountability plan.
 2180         (24) Have vested with the president or the president’s
 2181  designee the authority that is vested with the Florida Community
 2182  College System institution.
 2183         Section 22. Subsections (1) and (18) of section 1002.34,
 2184  Florida Statutes, are amended to read:
 2185         1002.34 Charter technical career centers; governance,
 2186  mission, and responsibilities.—
 2187         (1) MISSION AND AUTHORIZATION.—The primary mission of a
 2188  charter technical career center is to promote The Legislature
 2189  finds that the establishment of charter technical career centers
 2190  can assist in promoting advances and innovations in workforce
 2191  preparation and economic development. A charter technical career
 2192  center may provide a learning environment that better serves the
 2193  needs of a specific population group or a group of occupations,
 2194  thus promoting diversity and choices within the public education
 2195  and public postsecondary technical education community in this
 2196  state. Therefore, the creation of such centers is authorized as
 2197  part of the state’s program of public education. A charter
 2198  technical career center may be formed by creating a new school
 2199  or converting an existing school district or Florida Community
 2200  College System institution program to charter technical status.
 2201         (18) RULES.—The State Board of Education, for technical
 2202  centers operated by school districts, and the State Board of
 2203  Community Colleges, for technical centers operated by Florida
 2204  Community College System institutions, shall adopt rules,
 2205  pursuant to ss. 120.536(1) and 120.54, relating to the
 2206  implementation of charter technical career centers, including
 2207  rules to implement a charter model application form and an
 2208  evaluation instrument in accordance with this section.
 2209         Section 23. Paragraph (b) of subsection (4) of section
 2210  1003.491, Florida Statutes, is amended to read:
 2211         1003.491 Florida Career and Professional Education Act.—The
 2212  Florida Career and Professional Education Act is created to
 2213  provide a statewide planning partnership between the business
 2214  and education communities in order to attract, expand, and
 2215  retain targeted, high-value industry and to sustain a strong,
 2216  knowledge-based economy.
 2217         (4) The State Board of Education shall establish a process
 2218  for the continual and uninterrupted review of newly proposed
 2219  core secondary courses and existing courses requested to be
 2220  considered as core courses to ensure that sufficient rigor and
 2221  relevance is provided for workforce skills and postsecondary
 2222  education and aligned to state curriculum standards.
 2223         (b) The curriculum review committee shall review newly
 2224  proposed core courses electronically. Each proposed core course
 2225  shall be approved or denied within 30 days after submission by a
 2226  district school board or local workforce development board. All
 2227  courses approved as core courses for purposes of middle school
 2228  promotion and high school graduation shall be immediately added
 2229  to the Course Code Directory. Approved core courses shall also
 2230  be reviewed and considered for approval for dual enrollment
 2231  credit. The Board of Governors, the State Board of Community
 2232  Colleges, and the Commissioner of Education shall jointly
 2233  recommend an annual deadline for approval of new core courses to
 2234  be included for purposes of postsecondary admissions and dual
 2235  enrollment credit the following academic year. The State Board
 2236  of Education shall establish an appeals process in the event
 2237  that a proposed course is denied which shall require a consensus
 2238  ruling by the Department of Economic Opportunity and the
 2239  Commissioner of Education within 15 days.
 2240         Section 24. Paragraph (b) of subsection (4) of section
 2241  1003.493, Florida Statutes, is amended to read:
 2242         1003.493 Career and professional academies and career
 2243  themed courses.—
 2244         (4) Each career and professional academy and secondary
 2245  school providing a career-themed course must:
 2246         (b) Include one or more partnerships with postsecondary
 2247  institutions, businesses, industry, employers, economic
 2248  development organizations, or other appropriate partners from
 2249  the local community. Such partnerships with postsecondary
 2250  institutions shall be delineated in articulation agreements and
 2251  include any career and professional academy courses or career
 2252  themed courses that earn postsecondary credit. Such agreements
 2253  may include articulation between the secondary school and public
 2254  or private 2-year and 4-year postsecondary institutions and
 2255  technical centers. The Department of Education, in consultation
 2256  with the Board of Governors and the State Board of Community
 2257  Colleges, shall establish a mechanism to ensure articulation and
 2258  transfer of credits to postsecondary institutions in this state.
 2259  Such partnerships must provide opportunities for:
 2260         1. Instruction from highly skilled professionals who
 2261  possess industry-certification credentials for courses they are
 2262  teaching.
 2263         2. Internships, externships, and on-the-job training.
 2264         3. A postsecondary degree, diploma, or certificate.
 2265         4. The highest available level of industry certification.
 2266         5. Maximum articulation of credits pursuant to s. 1007.23
 2267  upon program completion.
 2268         Section 25. Subsections (4), (5), and (6) of section
 2269  1004.015, Florida Statutes, are amended to read:
 2270         1004.015 Higher Education Coordinating Council.—
 2271         (4) The council shall serve as an advisory board to the
 2272  Legislature, the State Board of Education, and the Board of
 2273  Governors, and the State Board of Community Colleges.
 2274  Recommendations of the council shall be consistent with the
 2275  following guiding principles:
 2276         (a) To achieve within existing resources a seamless
 2277  academic educational system that fosters an integrated continuum
 2278  of kindergarten through graduate school education for Florida’s
 2279  students.
 2280         (b) To promote consistent education policy across all
 2281  educational delivery systems, focusing on students.
 2282         (c) To promote substantially improved articulation across
 2283  all educational delivery systems.
 2284         (d) To promote a system that maximizes educational access
 2285  and allows the opportunity for a high-quality education for all
 2286  Floridians.
 2287         (e) To promote a system of coordinated and consistent
 2288  transfer of credit and data collection for improved
 2289  accountability purposes between the educational delivery
 2290  systems.
 2291         (5) The council shall annually by December 31 submit to the
 2292  Governor, the President of the Senate, the Speaker of the House
 2293  of Representatives, the Board of Governors, the State Board of
 2294  Community Colleges, and the State Board of Education a report
 2295  outlining its recommendations relating to:
 2296         (a) The primary core mission of public and nonpublic
 2297  postsecondary education institutions in the context of state
 2298  access demands and economic development goals.
 2299         (b) Performance outputs and outcomes designed to meet
 2300  annual and long-term state goals, including, but not limited to,
 2301  increased student access, preparedness, retention, transfer, and
 2302  completion. Performance measures must be consistent across
 2303  sectors and allow for a comparison of the state’s performance to
 2304  that of other states.
 2305         (c) The state’s articulation policies and practices to
 2306  ensure that cost benefits to the state are maximized without
 2307  jeopardizing quality. The recommendations shall consider return
 2308  on investment for both the state and students and propose
 2309  systems to facilitate and ensure institutional compliance with
 2310  state articulation policies.
 2311         (d) Workforce development education, specifically
 2312  recommending improvements to the consistency of workforce
 2313  education data collected and reported by Florida Community
 2314  College System institutions and school districts, including the
 2315  establishment of common elements and definitions for any data
 2316  that is used for state and federal funding and program
 2317  accountability.
 2318         (6) The Office of K-20 Articulation, in collaboration with
 2319  the Board of Governors and the State Board of Community Division
 2320  of Florida Colleges, shall provide administrative support for
 2321  the council.
 2322         Section 26. Subsection (7) of section 1004.02, Florida
 2323  Statutes, is amended to read:
 2324         1004.02 Definitions.—As used in this chapter:
 2325         (7) “Applied technology diploma program” means a course of
 2326  study that is part of a technical degree program, is less than
 2327  60 credit hours, and leads to employment in a specific
 2328  occupation. An applied technology diploma program may consist of
 2329  either technical credit or college credit. A public school
 2330  district may offer an applied technology diploma program only as
 2331  technical credit, with college credit awarded to a student upon
 2332  articulation to a Florida Community College System institution.
 2333  Statewide articulation among public schools and Florida
 2334  Community College System institutions is guaranteed by s.
 2335  1007.23, and is subject to guidelines and standards adopted by
 2336  the State Board of Community Colleges Education pursuant to ss.
 2337  1007.24 and 1007.25.
 2338         Section 27. Subsection (2) of section 1004.03, Florida
 2339  Statutes, is amended to read:
 2340         1004.03 Program approval.—
 2341         (2) The State Board of Community Colleges Education shall
 2342  establish criteria for the approval of new programs at Florida
 2343  Community College System institutions, which criteria include,
 2344  but are not limited to, the following:
 2345         (a) New programs may not be approved unless the same
 2346  objectives cannot be met through use of educational technology.
 2347         (b) Unnecessary duplication of programs offered by
 2348  independent institutions shall be avoided.
 2349         (c) Cooperative programs, particularly within regions,
 2350  should be encouraged.
 2351         (d) New programs may be approved only if they are
 2352  consistent with the state master plan adopted by the State Board
 2353  of Community Colleges Education.
 2354         Section 28. Paragraph (f) of subsection (4) of section
 2355  1004.04, Florida Statutes, is amended to read:
 2356         1004.04 Public accountability and state approval for
 2357  teacher preparation programs.—
 2358         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2359  teacher preparation program shall be based upon evidence that
 2360  the program continues to implement the requirements for initial
 2361  approval and upon significant, objective, and quantifiable
 2362  measures of the program and the performance of the program
 2363  completers.
 2364         (f) By January 1 of each year, the Department of Education
 2365  shall report the results of each approved program’s annual
 2366  progress on the performance measures in paragraph (a) as well as
 2367  the current approval status of each program to:
 2368         1. The Governor.
 2369         2. The President of the Senate.
 2370         3. The Speaker of the House of Representatives.
 2371         4. The State Board of Education.
 2372         5. The Board of Governors.
 2373         6. The State Board of Community Colleges.
 2374         7. The Commissioner of Education.
 2375         8.7. Each Florida postsecondary teacher preparation
 2376  program.
 2377         9.8. Each district school superintendent.
 2378         10.9. The public.
 2379  
 2380  This report may include the results of other continued approval
 2381  requirements provided by State Board of Education rule and
 2382  recommendations for improving teacher preparation programs in
 2383  the state.
 2384         Section 29. Section 1004.07, Florida Statutes, is amended
 2385  to read:
 2386         1004.07 Student withdrawal from courses due to military
 2387  service; effect.—
 2388         (1) Each district school board, Florida Community College
 2389  System institution board of trustees, and state university board
 2390  of trustees shall establish policies regarding currently
 2391  enrolled students who are called to, or enlist in, active
 2392  military service.
 2393         (2) Such policies must shall provide that any student
 2394  enrolled in a postsecondary course or courses at a career
 2395  center, a Florida Community College System institution, or a
 2396  state university may shall not incur academic or financial
 2397  penalties by virtue of performing military service on behalf of
 2398  our country. Such student shall be permitted the option of
 2399  either completing the course or courses at a later date without
 2400  penalty or withdrawing from the course or courses with a full
 2401  refund of fees paid. If the student chooses to withdraw, the
 2402  student’s record shall reflect that the withdrawal is due to
 2403  active military service.
 2404         (3) Policies of district school boards must and Florida
 2405  College System institution boards of trustees shall be
 2406  established by rule and pursuant to guidelines of the State
 2407  Board of Education.
 2408         (4) Policies of state university boards of trustees must
 2409  shall be established by regulation and pursuant to guidelines of
 2410  the Board of Governors.
 2411         (5) Policies of Florida Community College System
 2412  institution boards of trustees must be established by rule and
 2413  pursuant to guidelines of the State Board of Community Colleges.
 2414         Section 30. Section 1004.084, Florida Statutes, is amended
 2415  to read:
 2416         1004.084 College affordability.—
 2417         (1) The Board of Governors and the State Board of Community
 2418  Colleges Education shall annually identify strategies to promote
 2419  college affordability for all Floridians by evaluating, at a
 2420  minimum, the impact of:
 2421         (a) Tuition and fees on undergraduate, graduate, and
 2422  professional students at public colleges and universities and
 2423  graduate assistants employed by public universities.
 2424         (b) Federal, state, and institutional financial aid
 2425  policies on the actual cost of attendance for students and their
 2426  families.
 2427         (c) The costs of textbooks and instructional materials.
 2428         (2) By December 31 of each year, beginning in 2016, the
 2429  Board of Governors and the State Board of Community Colleges
 2430  Education shall submit a report on their respective college
 2431  affordability initiatives to the Governor, the President of the
 2432  Senate, and the Speaker of the House of Representatives.
 2433         Section 31. Paragraph (d) of subsection (3) and subsections
 2434  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2435  amended to read:
 2436         1004.085 Textbook and instructional materials
 2437  affordability.—
 2438         (3) An employee may receive:
 2439         (d) Fees associated with activities such as reviewing,
 2440  critiquing, or preparing support materials for textbooks or
 2441  instructional materials pursuant to guidelines adopted by the
 2442  State Board of Community Colleges Education or the Board of
 2443  Governors.
 2444         (6) Each Florida Community College System institution and
 2445  state university shall post prominently in the course
 2446  registration system and on its website, as early as is feasible,
 2447  but at least 45 days before the first day of class for each
 2448  term, a hyperlink to lists of required and recommended textbooks
 2449  and instructional materials for at least 95 percent of all
 2450  courses and course sections offered at the institution during
 2451  the upcoming term. The lists must include the International
 2452  Standard Book Number (ISBN) for each required and recommended
 2453  textbook and instructional material or other identifying
 2454  information, which must include, at a minimum, all of the
 2455  following: the title, all authors listed, publishers, edition
 2456  number, copyright date, published date, and other relevant
 2457  information necessary to identify the specific textbooks or
 2458  instructional materials required and recommended for each
 2459  course. The State Board of Community Colleges Education and the
 2460  Board of Governors shall include in the policies, procedures,
 2461  and guidelines adopted under subsection (7) certain limited
 2462  exceptions to this notification requirement for classes added
 2463  after the notification deadline.
 2464         (7) After receiving input from students, faculty,
 2465  bookstores, and publishers, the State Board of Community
 2466  Colleges Education and the Board of Governors each shall adopt
 2467  textbook and instructional materials affordability policies,
 2468  procedures, and guidelines for implementation by Florida
 2469  Community College System institutions and state universities,
 2470  respectively, that further efforts to minimize the cost of
 2471  textbooks and instructional materials for students attending
 2472  such institutions while maintaining the quality of education and
 2473  academic freedom. The policies, procedures, and guidelines shall
 2474  address:
 2475         (a) The establishment of deadlines for an instructor or
 2476  department to notify the bookstore of required and recommended
 2477  textbooks and instructional materials so that the bookstore may
 2478  verify availability, source lower cost options when practicable,
 2479  explore alternatives with faculty when academically appropriate,
 2480  and maximize the availability of used textbooks and
 2481  instructional materials.
 2482         (b) Confirmation by the course instructor or academic
 2483  department offering the course, before the textbook or
 2484  instructional materials adoption is finalized, of the intent to
 2485  use all items ordered, particularly each individual item sold as
 2486  part of a bundled package.
 2487         (c) Determination by a course instructor or the academic
 2488  department offering the course, before a textbook or
 2489  instructional material is adopted, of the extent to which a new
 2490  edition differs significantly and substantively from earlier
 2491  versions and the value to the student of changing to a new
 2492  edition or the extent to which an open-access textbook or
 2493  instructional material is available.
 2494         (d) The availability of required and recommended textbooks
 2495  and instructional materials to students otherwise unable to
 2496  afford the cost, including consideration of the extent to which
 2497  an open-access textbook or instructional material may be used.
 2498         (e) Participation by course instructors and academic
 2499  departments in the development, adaptation, and review of open
 2500  access textbooks and instructional materials and, in particular,
 2501  open-access textbooks and instructional materials for high
 2502  demand general education courses.
 2503         (f) Consultation with school districts to identify
 2504  practices that impact the cost of dual enrollment textbooks and
 2505  instructional materials to school districts, including, but not
 2506  limited to, the length of time that textbooks and instructional
 2507  materials remain in use.
 2508         (g) Selection of textbooks and instructional materials
 2509  through cost-benefit analyses that enable students to obtain the
 2510  highest-quality product at the lowest available price, by
 2511  considering:
 2512         1. Purchasing digital textbooks in bulk.
 2513         2. Expanding the use of open-access textbooks and
 2514  instructional materials.
 2515         3. Providing rental options for textbooks and instructional
 2516  materials.
 2517         4. Increasing the availability and use of affordable
 2518  digital textbooks and learning objects.
 2519         5. Developing mechanisms to assist in buying, renting,
 2520  selling, and sharing textbooks and instructional materials.
 2521         6. The length of time that textbooks and instructional
 2522  materials remain in use.
 2523         7. An evaluation of cost savings for textbooks and
 2524  instructional materials which a student may realize if
 2525  individual students are able to exercise opt-in provisions for
 2526  the purchase of the materials.
 2527         (8) The board of trustees of each Florida Community College
 2528  System institution and state university shall report, by
 2529  September 30 of each year, beginning in 2016, to the Chancellor
 2530  of the Florida Community College System or the Chancellor of the
 2531  State University System, as applicable, the textbook and
 2532  instructional materials selection process for general education
 2533  courses with a wide cost variance identified pursuant to
 2534  subsection (4) and high-enrollment courses; specific initiatives
 2535  of the institution designed to reduce the costs of textbooks and
 2536  instructional materials; policies implemented in accordance with
 2537  subsection (6); the number of courses and course sections that
 2538  were not able to meet the textbook and instructional materials
 2539  posting deadline for the previous academic year; and any
 2540  additional information determined by the chancellors. By
 2541  November 1 of each year, beginning in 2016, each chancellor
 2542  shall provide a summary of the information provided by
 2543  institutions to the State Board of Community Colleges Education
 2544  and the Board of Governors, as applicable.
 2545         Section 32. Section 1004.096, Florida Statutes, is amended
 2546  to read:
 2547         1004.096 College credit for military training and education
 2548  courses.—The Board of Governors shall adopt regulations and the
 2549  State Board of Community Colleges Education shall adopt rules
 2550  that enable eligible servicemembers or veterans of the United
 2551  States Armed Forces to earn academic college credit at public
 2552  postsecondary educational institutions for college-level
 2553  training and education acquired in the military. The regulations
 2554  and rules shall include procedures for credential evaluation and
 2555  the award of academic college credit, including, but not limited
 2556  to, equivalency and alignment of military coursework with
 2557  appropriate college courses, course descriptions, type and
 2558  amount of college credit that may be awarded, and transfer of
 2559  credit.
 2560         Section 33. Section 1004.0961, Florida Statutes, is amended
 2561  to read:
 2562         1004.0961 Credit for online courses.—Beginning in the 2015
 2563  2016 school year, The State Board of Community Colleges
 2564  Education shall adopt rules and the Board of Governors shall
 2565  adopt regulations that enable students to earn academic credit
 2566  for online courses, including massive open online courses,
 2567  before initial enrollment at a postsecondary institution. The
 2568  rules of the State Board of Community Colleges Education and
 2569  regulations of the Board of Governors must include procedures
 2570  for credential evaluation and the award of credit, including,
 2571  but not limited to, recommendations for credit by the American
 2572  Council on Education; equivalency and alignment of coursework
 2573  with appropriate courses; course descriptions; type and amount
 2574  of credit that may be awarded; and transfer of credit.
 2575         Section 34. Subsections (2), (3), (4), and paragraph (b) of
 2576  subsection (5) of section 1004.28, Florida Statutes, are amended
 2577  to read:
 2578         1004.28 Direct-support organizations; use of property;
 2579  board of directors; activities; audit; facilities.—
 2580         (2) USE OF PROPERTY.—
 2581         (a) Each state university board of trustees is authorized
 2582  to permit the use of property, facilities, and personal services
 2583  at any state university by any university direct-support
 2584  organization, and, subject to the provisions of this section,
 2585  direct-support organizations may establish accounts with the
 2586  State Board of Administration for investment of funds pursuant
 2587  to part IV of chapter 218. Beginning July 1, 2022, a state
 2588  university board of trustees may not permit any university
 2589  direct-support organization to use personal services.
 2590         (b) The board of trustees, in accordance with regulations
 2591  rules and guidelines of the Board of Governors, shall prescribe
 2592  by regulation rule conditions with which a university direct
 2593  support organization must comply in order to use property,
 2594  facilities, or personal services at any state university. Such
 2595  regulations rules shall provide for budget and audit review and
 2596  oversight by the board of trustees.
 2597         (c) The board of trustees shall not permit the use of
 2598  property, facilities, or personal services at any state
 2599  university by any university direct-support organization that
 2600  does not provide equal employment opportunities to all persons
 2601  regardless of race, color, religion, gender, age, or national
 2602  origin.
 2603         (d) The board of trustees may not permit the use of state
 2604  funds for travel expenses by any university direct-support
 2605  organization.
 2606         (3) BOARD OF DIRECTORS.—The chair of the university board
 2607  of trustees shall may appoint at least one a representative to
 2608  the board of directors and the executive committee of any
 2609  direct-support organization established under this section. The
 2610  president of the university for which the direct-support
 2611  organization is established, or his or her designee, shall also
 2612  serve on the board of directors and the executive committee of
 2613  any direct-support organization established to benefit that
 2614  university.
 2615         (4) ACTIVITIES; RESTRICTION.—A university direct-support
 2616  organization is prohibited from giving, either directly or
 2617  indirectly, any gift to a political committee as defined in s.
 2618  106.011 for any purpose other than those certified by a majority
 2619  roll call vote of the governing board of the direct-support
 2620  organization at a regularly scheduled meeting as being directly
 2621  related to the educational mission of the university.
 2622         (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS
 2623  EXEMPTION.—
 2624         (b) All records of the organization other than the
 2625  auditor’s report, management letter, any information related to
 2626  the expenditure of state funds, any information related to the
 2627  expenditure of private funds for travel, and any supplemental
 2628  data requested by the Board of Governors, the university board
 2629  of trustees, the Auditor General, and the Office of Program
 2630  Policy Analysis and Government Accountability shall be
 2631  confidential and exempt from s. 119.07(1).
 2632         Section 35. Section 1004.35, Florida Statutes, is amended
 2633  to read:
 2634         1004.35 Broward County campuses of Florida Atlantic
 2635  University; coordination with other institutions.—The State
 2636  Board of Community Colleges Education, the Board of Governors,
 2637  and Florida Atlantic University shall consult with Broward
 2638  College and Florida International University in coordinating
 2639  course offerings at the postsecondary level in Broward County.
 2640  Florida Atlantic University may contract with the Board of
 2641  Trustees of Broward College and with Florida International
 2642  University to provide instruction in courses offered at the
 2643  Southeast Campus. Florida Atlantic University shall increase
 2644  course offerings at the Southeast Campus as facilities become
 2645  available.
 2646         Section 36. Paragraphs (c) and (d) of subsection (5) and
 2647  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2648  are amended to read:
 2649         1004.6495 Florida Postsecondary Comprehensive Transition
 2650  Program and Florida Center for Students with Unique Abilities.—
 2651         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2652  Students with Unique Abilities is established within the
 2653  University of Central Florida. At a minimum, the center shall:
 2654         (c) Create the application for the initial approval and
 2655  renewal of approval as an FPCTP for use by an eligible
 2656  institution which, at a minimum, must align with the federal
 2657  comprehensive transition and postsecondary program application
 2658  requirements. Notwithstanding the program approval requirements
 2659  of s. 1004.03, the director shall review applications for the
 2660  initial approval of an application for, or renewal of approval
 2661  of, an FPCTP.
 2662         1. Within 30 days after receipt of an application, the
 2663  director shall issue his or her recommendation regarding
 2664  approval to the Chancellor of the State University System, or
 2665  the Chancellor of the Florida Community College System, or the
 2666  Commissioner of Education, as applicable, or shall give written
 2667  notice to the applicant of any deficiencies in the application,
 2668  which the eligible institution must be given an opportunity to
 2669  correct. Within 15 days after receipt of a notice of
 2670  deficiencies, an eligible institution that chooses to continue
 2671  to seek program approval shall correct the application
 2672  deficiencies and return the application to the center. Within 30
 2673  days after receipt of a revised application, the director shall
 2674  recommend approval or disapproval of the revised application to
 2675  the applicable chancellor or the commissioner, as applicable.
 2676  Within 15 days after receipt of the director’s recommendation,
 2677  the applicable chancellor or the commissioner shall approve or
 2678  disapprove the recommendation. If the applicable chancellor or
 2679  the commissioner does not act on the director’s recommendation
 2680  within 15 days after receipt of such recommendation, the
 2681  comprehensive transition program proposed by the institution
 2682  shall be considered approved.
 2683         2. Initial approval of an application for an FPCTP that
 2684  meets the requirements of this section is valid for the 3
 2685  academic years immediately following the academic year during
 2686  which the approval is granted. An eligible institution may
 2687  submit an application to the center requesting that the initial
 2688  approval be renewed. If the approval is granted and the FPCTP
 2689  continues to meet the requirements of this section, including,
 2690  but not limited to, program and student performance outcomes,
 2691  and federal requirements, a renewal is valid for the 5 academic
 2692  years immediately following the academic year during which the
 2693  renewal is granted.
 2694         3. An application must, at a minimum:
 2695         a. Identify a credential associated with the proposed
 2696  program which will be awarded to eligible students upon
 2697  completion of the FPCTP.
 2698         b. Outline the program length and design, including, at a
 2699  minimum, inclusive and successful experiential education
 2700  practices relating to curricular, assessment, and advising
 2701  structure and internship and employment opportunities, which
 2702  must support students with intellectual disabilities who are
 2703  seeking to continue academic, career and technical, and
 2704  independent living instruction at an eligible institution,
 2705  including, but not limited to, opportunities to earn industry
 2706  certifications, to prepare students for gainful employment. If
 2707  an eligible institution offers a credit-bearing degree program,
 2708  the institution is responsible for maintaining the rigor and
 2709  effectiveness of a comprehensive transition degree program at
 2710  the same level as other comparable degree programs offered by
 2711  the institution pursuant to applicable accreditation standards.
 2712         c. Outline a plan for students with intellectual
 2713  disabilities to be integrated socially and academically with
 2714  nondisabled students, to the maximum extent possible, and to
 2715  participate on not less than a half-time basis, as determined by
 2716  the eligible institution, with such participation focusing on
 2717  academic components and occurring through one or more of the
 2718  following activities with nondisabled students:
 2719         (I) Regular enrollment in credit-bearing courses offered by
 2720  the institution.
 2721         (II) Auditing or participating in courses offered by the
 2722  institution for which the student does not receive academic
 2723  credit.
 2724         (III) Enrollment in noncredit-bearing, nondegree courses.
 2725         (IV) Participation in internships or work-based training.
 2726         d. Outline a plan for partnerships with businesses to
 2727  promote experiential training and employment opportunities for
 2728  students with intellectual disabilities.
 2729         e. Identify performance indicators pursuant to subsection
 2730  (8) and other requirements identified by the center.
 2731         f. Outline a 5-year plan incorporating enrollment and
 2732  operational expectations for the program.
 2733         (d) Provide technical assistance regarding programs and
 2734  services for students with intellectual disabilities to
 2735  administrators, instructors, staff, and others, as applicable,
 2736  at eligible institutions by:
 2737         1. Holding meetings and annual workshops to share
 2738  successful practices and to address issues or concerns.
 2739         2. Facilitating collaboration between eligible institutions
 2740  and school districts, private schools operating pursuant to s.
 2741  1002.42, and parents of students enrolled in home education
 2742  programs operating pursuant to s. 1002.41 in assisting students
 2743  with intellectual disabilities and their parents to plan for the
 2744  transition of such students into an FPCTP or another program at
 2745  an eligible institution.
 2746         3. Assisting eligible institutions with FPCTP and federal
 2747  comprehensive transition and postsecondary program applications.
 2748         4. Assisting eligible institutions with the identification
 2749  of funding sources for an FPCTP and for student financial
 2750  assistance for students enrolled in an FPCTP.
 2751         5. Monitoring federal and state law relating to the
 2752  comprehensive transition program and notifying the Legislature,
 2753  the Governor, the Board of Governors, the State Board of
 2754  Community Colleges, and the State Board of Education of any
 2755  change in law which may impact the implementation of this
 2756  section.
 2757         (8) ACCOUNTABILITY.—
 2758         (a) The center, in collaboration with the Board of
 2759  Governors and the State Board of Community Colleges Education,
 2760  shall identify indicators for the satisfactory progress of a
 2761  student in an FPCTP and for the performance of such programs.
 2762  Each eligible institution must address the indicators identified
 2763  by the center in its application for the approval of a proposed
 2764  program and for the renewal of an FPCTP and in the annual report
 2765  that the institution submits to the center.
 2766         (b) By October 1 of each year, the center shall provide to
 2767  the Governor, the President of the Senate, the Speaker of the
 2768  House of Representatives, the Chancellor of the State University
 2769  System, and the Chancellor of the Florida Community College
 2770  System Commissioner of Education a report summarizing
 2771  information including, but not limited to:
 2772         1. The status of the statewide coordination of FPCTPs and
 2773  the implementation of FPCTPs at eligible institutions including,
 2774  but not limited to:
 2775         a. The number of applications approved and disapproved and
 2776  the reasons for each disapproval and no action taken by the
 2777  chancellor or the commissioner.
 2778         b. The number and value of all scholarships awarded to
 2779  students and undisbursed advances remitted to the center
 2780  pursuant to subsection (7).
 2781         2. Indicators identified by the center pursuant to
 2782  paragraph (a) and the performance of each eligible institution
 2783  based on the indicators identified in paragraph (6)(c).
 2784         3. The projected number of students with intellectual
 2785  disabilities who may be eligible to enroll in the FPCTPs within
 2786  the next academic year.
 2787         4. Education programs and services for students with
 2788  intellectual disabilities which are available at eligible
 2789  institutions.
 2790         (c) Beginning in the 2016-2017 fiscal year, the center, in
 2791  collaboration with the Board of Governors, State Board of
 2792  Community Colleges Education, Higher Education Coordinating
 2793  Council, and other stakeholders, by December 1 of each year,
 2794  shall submit to the Governor, the President of the Senate, and
 2795  the Speaker of the House of Representatives statutory and budget
 2796  recommendations for improving the implementation and delivery of
 2797  FPCTPs and other education programs and services for students
 2798  with disabilities.
 2799         (9) RULES.—The Board of Governors and the State Board of
 2800  Community Colleges Education, in consultation with the center,
 2801  shall expeditiously adopt any necessary regulations and rules,
 2802  as applicable, to allow the center to perform its
 2803  responsibilities pursuant to this section beginning in the 2016
 2804  2017 fiscal year.
 2805         Section 37. Section 1004.65, Florida Statutes, is amended
 2806  to read:
 2807         1004.65 Florida Community College System institutions;
 2808  governance, mission, and responsibilities.—
 2809         (1) Each Florida Community College System institution shall
 2810  be governed by a district board of trustees under statutory
 2811  authority and rules of the State Board of Community Colleges
 2812  Education.
 2813         (2) Each Florida Community College System institution
 2814  district shall:
 2815         (a) Consist of the county or counties served by the Florida
 2816  Community College System institution pursuant to s. 1000.21(3).
 2817         (b) Be an independent, separate, legal entity created for
 2818  the operation of a Florida Community College System institution.
 2819         (3) Florida Community College System institutions are
 2820  locally based and governed entities with statutory and funding
 2821  ties to state government. As such, the mission for Florida
 2822  Community College System institutions reflects a commitment to
 2823  be responsive to local educational needs and challenges. In
 2824  achieving this mission, Florida Community College System
 2825  institutions strive to maintain sufficient local authority and
 2826  flexibility while preserving appropriate legal accountability to
 2827  the state.
 2828         (4) As comprehensive institutions, Florida Community
 2829  College System institutions shall provide high-quality,
 2830  affordable education and training opportunities, shall foster a
 2831  climate of excellence, and shall provide opportunities to all
 2832  while combining high standards with an open-door admission
 2833  policy for lower-division programs. Florida Community College
 2834  System institutions shall, as open-access institutions, serve
 2835  all who can benefit, without regard to age, race, gender, creed,
 2836  or ethnic or economic background, while emphasizing the
 2837  achievement of social and educational equity so that all can be
 2838  prepared for full participation in society.
 2839         (5) The primary mission and responsibility of Florida
 2840  Community College System institutions is responding to community
 2841  needs for postsecondary academic education and career degree
 2842  education. This mission and responsibility includes being
 2843  responsible for:
 2844         (a) Providing lower-level lower level undergraduate
 2845  instruction and awarding associate degrees.
 2846         (b) Preparing students directly for careers requiring less
 2847  than baccalaureate degrees. This may include preparing for job
 2848  entry, supplementing of skills and knowledge, and responding to
 2849  needs in new areas of technology. Career education in a Florida
 2850  Community College System institution consists shall consist of
 2851  career certificates, nationally recognized industry
 2852  certifications, credit courses leading to associate in science
 2853  degrees and associate in applied science degrees, and other
 2854  programs in fields requiring substantial academic work,
 2855  background, or qualifications. A Florida Community College
 2856  System institution may offer career education programs in fields
 2857  having lesser academic or technical requirements.
 2858         (c) Providing student development services, including
 2859  assessment, student tracking, support for disabled students,
 2860  advisement, counseling, financial aid, career development, and
 2861  remedial and tutorial services, to ensure student success.
 2862         (d) Promoting economic development for the state within
 2863  each Florida Community College System institution district
 2864  through the provision of special programs, including, but not
 2865  limited to, the:
 2866         1. Enterprise Florida-related programs.
 2867         2. Technology transfer centers.
 2868         3. Economic development centers.
 2869         4. Workforce literacy programs.
 2870         (e) Providing dual enrollment instruction.
 2871         (f) Providing upper level instruction and awarding
 2872  baccalaureate degrees as specifically authorized by law.
 2873         (6) A separate and secondary role for Florida Community
 2874  College System institutions includes the offering of programs
 2875  in:
 2876         (a) Programs in community services that are not directly
 2877  related to academic or occupational advancement.
 2878         (b) Programs in adult education services, including adult
 2879  basic education, adult general education, adult secondary
 2880  education, and high school equivalency examination instruction.
 2881         (c) Programs in recreational and leisure services.
 2882         (d) Upper-level instruction and awarding baccalaureate
 2883  degrees as specifically authorized by law.
 2884         (7) Funding for Florida Community College System
 2885  institutions must shall reflect their mission as follows:
 2886         (a) Postsecondary academic and career education programs
 2887  and adult general education programs must shall have first
 2888  priority in Florida Community College System institution
 2889  funding.
 2890         (b) Community service programs shall be presented to the
 2891  Legislature with rationale for state funding. The Legislature
 2892  may identify priority areas for use of these funds.
 2893         (c) The resources of a Florida Community College System
 2894  institution, including staff, faculty, land, and facilities, may
 2895  shall not be used to support the establishment of a new
 2896  independent nonpublic educational institution. If any
 2897  institution uses resources for such purpose, the State Board of
 2898  Community Division of Florida Colleges shall notify the
 2899  President of the Senate and the Speaker of the House of
 2900  Representatives.
 2901         (8) Florida Community College System institutions are
 2902  authorized to:
 2903         (a) Offer such programs and courses as are necessary to
 2904  fulfill their mission.
 2905         (b) Grant associate in arts degrees, associate in science
 2906  degrees, associate in applied science degrees, certificates,
 2907  awards, and diplomas.
 2908         (c) Make provisions for the high school equivalency
 2909  examination.
 2910         (d) Provide access to and award baccalaureate degrees in
 2911  accordance with law.
 2912  
 2913  Authority to offer one or more baccalaureate degree programs
 2914  does not alter the governance relationship of the Florida
 2915  Community College System institution with its district board of
 2916  trustees or the State Board of Community Colleges Education.
 2917         Section 38. Section 1004.67, Florida Statutes, is amended
 2918  to read:
 2919         1004.67 Florida Community College System institutions;
 2920  legislative intent.—It is The legislative intent that Florida
 2921  Community College System institutions, constituted as political
 2922  subdivisions of the state, continue to be operated by Florida
 2923  Community College System institution boards of trustees as
 2924  provided in s. 1001.63 and that no department, bureau, division,
 2925  agency, or subdivision of the state exercise any responsibility
 2926  and authority to operate any Florida Community College System
 2927  institution of the state except as specifically provided by law
 2928  or rules of the State Board of Community Colleges Education.
 2929         Section 39. Section 1004.70, Florida Statutes, is amended
 2930  to read:
 2931         1004.70 Florida Community College System institution
 2932  direct-support organizations.—
 2933         (1) DEFINITIONS.—For the purposes of this section:
 2934         (a) “Florida Community College System institution direct
 2935  support organization” means an organization that is:
 2936         1. A Florida corporation not for profit, incorporated under
 2937  the provisions of chapter 617 and approved by the Department of
 2938  State.
 2939         2. Organized and operated exclusively to receive, hold,
 2940  invest, and administer property and to make expenditures to, or
 2941  for the benefit of, a Florida Community College System
 2942  institution in this state.
 2943         3. An organization that the Florida Community College
 2944  System institution board of trustees, after review, has
 2945  certified to be operating in a manner consistent with the goals
 2946  of the Florida Community College System institution and in the
 2947  best interest of the state. Any organization that is denied
 2948  certification by the board of trustees may not use the name of
 2949  the Florida Community College System institution that it serves.
 2950         (b) “Personal services” includes full-time or part-time
 2951  personnel as well as payroll processing.
 2952         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2953  shall appoint at least one a representative to the board of
 2954  directors and the executive committee of each direct-support
 2955  organization established under this section, including those
 2956  established before July 1, 1998. The president of the Florida
 2957  Community College System institution for which the direct
 2958  support organization is established, or the president’s
 2959  designee, shall also serve on the board of directors and the
 2960  executive committee of the direct-support organization,
 2961  including any direct-support organization established before
 2962  July 1, 1998.
 2963         (3) USE OF PROPERTY.—
 2964         (a) The board of trustees is authorized to permit the use
 2965  of property, facilities, and personal services at any Florida
 2966  Community College System institution by any Florida Community
 2967  College System institution direct-support organization, subject
 2968  to the provisions of this section. Beginning July 1, 2022, a
 2969  community college board of trustees may not permit any Florida
 2970  Community College System institution direct-support organization
 2971  to use personal services.
 2972         (b) The board of trustees is authorized to prescribe by
 2973  rule any condition with which a Florida Community College System
 2974  institution direct-support organization must comply in order to
 2975  use property, facilities, or personal services at any Florida
 2976  Community College System institution.
 2977         (c) The board of trustees may not permit the use of
 2978  property, facilities, or personal services at any Florida
 2979  Community College System institution by any Florida Community
 2980  College System institution direct-support organization that does
 2981  not provide equal employment opportunities to all persons
 2982  regardless of race, color, national origin, gender, age, or
 2983  religion.
 2984         (d) The board of trustees may not permit the use of state
 2985  funds for travel expenses by any Florida Community College
 2986  System institution direct-support organization.
 2987         (4) ACTIVITIES; RESTRICTIONS.—
 2988         (a) A direct-support organization may, at the request of
 2989  the board of trustees, provide residency opportunities on or
 2990  near campus for students.
 2991         (b) A direct-support organization that constructs
 2992  facilities for use by a Florida Community College System
 2993  institution or its students must comply with all requirements of
 2994  law relating to the construction of facilities by a Florida
 2995  Community College System institution, including requirements for
 2996  competitive bidding.
 2997         (c) Any transaction or agreement between one direct-support
 2998  organization and another direct-support organization must be
 2999  approved by the board of trustees.
 3000         (d) A Florida Community College System institution direct
 3001  support organization is prohibited from giving, either directly
 3002  or indirectly, any gift to a political committee as defined in
 3003  s. 106.011 for any purpose other than those certified by a
 3004  majority roll call vote of the governing board of the direct
 3005  support organization at a regularly scheduled meeting as being
 3006  directly related to the educational mission of the Florida
 3007  College System institution.
 3008         (e) A Florida Community College System institution board of
 3009  trustees must authorize all debt, including lease-purchase
 3010  agreements, incurred by a direct-support organization.
 3011  Authorization for approval of short-term loans and lease
 3012  purchase agreements for a term of not more than 5 years,
 3013  including renewals, extensions, and refundings, for goods,
 3014  materials, equipment, and services may be delegated by the board
 3015  of trustees to the board of directors of the direct-support
 3016  organization. Trustees shall evaluate proposals for debt
 3017  according to guidelines issued by the State Board of Community
 3018  Division of Florida Colleges. Revenues of the Florida Community
 3019  College System institution may not be pledged to debt issued by
 3020  direct-support organizations.
 3021         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3022  organization shall submit to the board of trustees its federal
 3023  Internal Revenue Service Application for Recognition of
 3024  Exemption form (Form 1023) and its federal Internal Revenue
 3025  Service Return of Organization Exempt from Income Tax form (Form
 3026  990).
 3027         (6) ANNUAL AUDIT.—Each direct-support organization shall
 3028  provide for an annual financial audit in accordance with rules
 3029  adopted by the Auditor General pursuant to s. 11.45(8). The
 3030  annual audit report must be submitted, within 9 months after the
 3031  end of the fiscal year, to the Auditor General, the State Board
 3032  of Community Colleges Education, and the board of trustees for
 3033  review. The board of trustees, the Auditor General, and the
 3034  Office of Program Policy Analysis and Government Accountability
 3035  may require and receive from the organization or from its
 3036  independent auditor any detail or supplemental data relative to
 3037  the operation of the organization. The identity of donors who
 3038  desire to remain anonymous shall be protected, and that
 3039  anonymity shall be maintained in the auditor’s report. All
 3040  records of the organization, other than the auditor’s report,
 3041  any information necessary for the auditor’s report, any
 3042  information related to the expenditure of funds, and any
 3043  supplemental data requested by the board of trustees, the
 3044  Auditor General, and the Office of Program Policy Analysis and
 3045  Government Accountability, shall be confidential and exempt from
 3046  the provisions of s. 119.07(1).
 3047         Section 40. Section 1004.71, Florida Statutes, is amended
 3048  to read:
 3049         1004.71 Statewide Florida Community College System
 3050  institution direct-support organizations.—
 3051         (1) DEFINITIONS.—For the purposes of this section:
 3052         (a) “Statewide Florida Community College System institution
 3053  direct-support organization” means an organization that is:
 3054         1. A Florida corporation not for profit, incorporated under
 3055  the provisions of chapter 617 and approved by the Department of
 3056  State.
 3057         2. Organized and operated exclusively to receive, hold,
 3058  invest, and administer property and to make expenditures to, or
 3059  for the benefit of, the Florida Community College System
 3060  institutions in this state.
 3061         3. An organization that the State Board of Community
 3062  Colleges Education, after review, has certified to be operating
 3063  in a manner consistent with the goals of the Florida Community
 3064  College System institutions and in the best interest of the
 3065  state.
 3066         (b) “Personal services” includes full-time or part-time
 3067  personnel as well as payroll processing.
 3068         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3069  Community Colleges Education may appoint a representative to the
 3070  board of directors and the executive committee of any statewide,
 3071  direct-support organization established under this section or s.
 3072  1004.70. The chair of the State Board of Community Colleges
 3073  Education, or the chair’s designee, shall also serve on the
 3074  board of directors and the executive committee of any direct
 3075  support organization established to benefit Florida Community
 3076  College System institutions.
 3077         (3) USE OF PROPERTY.—
 3078         (a) The State Board of Education may permit the use of
 3079  property, facilities, and personal services of the Department of
 3080  Education by any statewide Florida Community College System
 3081  institution direct-support organization, subject to the
 3082  provisions of this section.
 3083         (b) The State Board of Education may prescribe by rule any
 3084  condition with which a statewide Florida Community College
 3085  System institution direct-support organization must comply in
 3086  order to use property, facilities, or personal services of the
 3087  Department of Education.
 3088         (c) The State Board of Education may not permit the use of
 3089  property, facilities, or personal services of the Department of
 3090  Education by any statewide Florida Community College System
 3091  institution direct-support organization that does not provide
 3092  equal employment opportunities to all persons regardless of
 3093  race, color, national origin, gender, age, or religion.
 3094         (4) RESTRICTIONS.—
 3095         (a) A statewide, direct-support organization may not use
 3096  public funds to acquire, construct, maintain, or operate any
 3097  facilities.
 3098         (b) Any transaction or agreement between a statewide,
 3099  direct-support organization and any other direct-support
 3100  organization must be approved by the State Board of Community
 3101  Colleges Education.
 3102         (c) A statewide Florida Community College System
 3103  institution direct-support organization is prohibited from
 3104  giving, either directly or indirectly, any gift to a political
 3105  committee as defined in s. 106.011 for any purpose other than
 3106  those certified by a majority roll call vote of the governing
 3107  board of the direct-support organization at a regularly
 3108  scheduled meeting as being directly related to the educational
 3109  mission of the State Board of Community Colleges Education.
 3110         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3111  organization shall submit to the State Board of Community
 3112  Colleges Education its federal Internal Revenue Service
 3113  Application for Recognition of Exemption form (Form 1023) and
 3114  its federal Internal Revenue Service Return of Organization
 3115  Exempt from Income Tax form (Form 990).
 3116         (6) ANNUAL AUDIT.—A statewide Florida Community College
 3117  System institution direct-support organization shall provide for
 3118  an annual financial audit in accordance with s. 1004.70. The
 3119  identity of a donor or prospective donor who desires to remain
 3120  anonymous and all information identifying such donor or
 3121  prospective donor are confidential and exempt from the
 3122  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3123  Constitution. Such anonymity shall be maintained in the
 3124  auditor’s report.
 3125         Section 41. Subsection (4) of section 1004.74, Florida
 3126  Statutes, is amended to read:
 3127         1004.74 Florida School of the Arts.—
 3128         (4) The Council for the Florida School of the Arts shall be
 3129  established to advise the Florida Community College System
 3130  institution district board of trustees on matters pertaining to
 3131  the operation of the school. The council shall consist of nine
 3132  members, appointed jointly by the Chancellor of the Florida
 3133  Community College System and the Commissioner of Education for
 3134  4-year terms. A member may serve three terms and may serve until
 3135  replaced.
 3136         Section 42. Section 1004.78, Florida Statutes, is amended
 3137  to read:
 3138         1004.78 Technology transfer centers at Florida Community
 3139  College System institutions.—
 3140         (1) Each Florida Community College System institution may
 3141  establish a technology transfer center for the purpose of
 3142  providing institutional support to local business and industry
 3143  and governmental agencies in the application of new research in
 3144  technology. The primary responsibilities of such centers may
 3145  include: identifying technology research developed by
 3146  universities, research institutions, businesses, industries, the
 3147  United States Armed Forces, and other state or federal
 3148  governmental agencies; determining and demonstrating the
 3149  application of technologies; training workers to integrate
 3150  advanced equipment and production processes; and determining for
 3151  business and industry the feasibility and efficiency of
 3152  accommodating advanced technologies.
 3153         (2) The Florida Community College System institution board
 3154  of trustees shall set such policies to regulate the activities
 3155  of the technology transfer center as it may consider necessary
 3156  to effectuate the purposes of this section and to administer the
 3157  programs of the center in a manner which assures efficiency and
 3158  effectiveness, producing the maximum benefit for the educational
 3159  programs and maximum service to the state. To this end,
 3160  materials that relate to methods of manufacture or production,
 3161  potential trade secrets, potentially patentable material, actual
 3162  trade secrets, business transactions, or proprietary information
 3163  received, generated, ascertained, or discovered during the
 3164  course of activities conducted within the Florida Community
 3165  College System institutions shall be confidential and exempt
 3166  from the provisions of s. 119.07(1), except that a Florida
 3167  Community College System institution shall make available upon
 3168  request the title and description of a project, the name of the
 3169  investigator, and the amount and source of funding provided for
 3170  such project.
 3171         (3) A technology transfer center created under the
 3172  provisions of this section shall be under the supervision of the
 3173  board of trustees of that Florida Community College System
 3174  institution, which is authorized to appoint a director; to
 3175  employ full-time and part-time staff, research personnel, and
 3176  professional services; to employ on a part-time basis personnel
 3177  of the Florida Community College System institution; and to
 3178  employ temporary employees whose salaries are paid entirely from
 3179  the permanent technology transfer fund or from that fund in
 3180  combination with other nonstate sources, with such positions
 3181  being exempt from the requirements of the Florida Statutes
 3182  relating to salaries, except that no such appointment shall be
 3183  made for a total period of longer than 1 year.
 3184         (4) The board of trustees of the Florida Community College
 3185  System institution in which a technology transfer center is
 3186  created, or its designee, may negotiate, enter into, and execute
 3187  contracts; solicit and accept grants and donations; and fix and
 3188  collect fees, other payments, and donations that may accrue by
 3189  reason thereof for technology transfer activities. The board of
 3190  trustees or its designee may negotiate, enter into, and execute
 3191  contracts on a cost-reimbursement basis and may provide
 3192  temporary financing of such costs prior to reimbursement from
 3193  moneys on deposit in the technology transfer fund, except as may
 3194  be prohibited elsewhere by law.
 3195         (5) A technology transfer center shall be financed from the
 3196  Academic Improvement Program or from moneys of a Florida
 3197  Community College System institution which are on deposit or
 3198  received for use in the activities conducted in the center. Such
 3199  moneys shall be deposited by the Florida Community College
 3200  System institution in a permanent technology transfer fund in a
 3201  depository or depositories approved for the deposit of state
 3202  funds and shall be accounted for and disbursed subject to audit
 3203  by the Auditor General.
 3204         (6) The fund balance in any existing research trust fund of
 3205  a Florida Community College System institution at the time a
 3206  technology transfer center is created shall be transferred to a
 3207  permanent technology transfer fund established for the Florida
 3208  Community College System institution, and thereafter the fund
 3209  balance of the technology transfer fund at the end of any fiscal
 3210  period may be used during any succeeding period pursuant to this
 3211  section.
 3212         (7) Moneys deposited in the permanent technology transfer
 3213  fund of a Florida Community College System institution shall be
 3214  disbursed in accordance with the terms of the contract, grant,
 3215  or donation under which they are received. Moneys received for
 3216  overhead or indirect costs and other moneys not required for the
 3217  payment of direct costs shall be applied to the cost of
 3218  operating the technology transfer center.
 3219         (8) All purchases of a technology transfer center shall be
 3220  made in accordance with the policies and procedures of the
 3221  Florida Community College System institution.
 3222         (9) The Florida Community College System institution board
 3223  of trustees may authorize the construction, alteration, or
 3224  remodeling of buildings when the funds used are derived entirely
 3225  from the technology transfer fund of a Florida Community College
 3226  System institution or from that fund in combination with other
 3227  nonstate sources, provided that such construction, alteration,
 3228  or remodeling is for use exclusively by the center. It also may
 3229  authorize the acquisition of real property when the cost is
 3230  entirely from said funds. Title to all real property shall vest
 3231  in the board of trustees.
 3232         (10) The State Board of Community Colleges Education may
 3233  award grants to Florida Community College System institutions,
 3234  or consortia of public and private colleges and universities and
 3235  other public and private entities, for the purpose of supporting
 3236  the objectives of this section. Grants awarded pursuant to this
 3237  subsection shall be in accordance with rules of the State Board
 3238  of Community Colleges Education. Such rules shall include the
 3239  following provisions:
 3240         (a) The number of centers established with state funds
 3241  provided expressly for the purpose of technology transfer shall
 3242  be limited, but shall be geographically located to maximize
 3243  public access to center resources and services.
 3244         (b) Grants to centers funded with state revenues
 3245  appropriated specifically for technology transfer activities
 3246  shall be reviewed and approved by the State Board of Community
 3247  Colleges Education using proposal solicitation, evaluation, and
 3248  selection procedures established by the state board in
 3249  consultation with Enterprise Florida, Inc. Such procedures may
 3250  include designation of specific areas or applications of
 3251  technology as priorities for the receipt of funding.
 3252         (c) Priority for the receipt of state funds appropriated
 3253  specifically for the purpose of technology transfer shall be
 3254  given to grant proposals developed jointly by Florida Community
 3255  College System institutions and public and private colleges and
 3256  universities.
 3257         (11) Each technology transfer center established under the
 3258  provisions of this section shall establish a technology transfer
 3259  center advisory committee. Each committee shall include
 3260  representatives of a university or universities conducting
 3261  research in the area of specialty of the center. Other members
 3262  shall be determined by the Florida Community College System
 3263  institution board of trustees.
 3264         Section 43. Subsection (4) of section 1004.80, Florida
 3265  Statutes, is amended to read:
 3266         1004.80 Economic development centers.—
 3267         (4) The State Board of Community Colleges Education may
 3268  award grants to economic development centers for the purposes of
 3269  this section. Grants awarded pursuant to this subsection shall
 3270  be in accordance with rules established by the State Board of
 3271  Community Colleges Education.
 3272         Section 44. Section 1004.91, Florida Statutes, is amended
 3273  to read:
 3274         1004.91 Requirements for career education program basic
 3275  skills.—
 3276         (1) The State Board of Education, for career centers
 3277  operated by district school boards, and the State Board of
 3278  Community Colleges, for charter technical career centers
 3279  operated by Florida Community College System institutions, shall
 3280  collaborate to adopt, by rule, standards of basic skill mastery
 3281  for completion of certificate career education programs. Each
 3282  school district and Florida Community College System institution
 3283  that conducts programs that confer career and technical
 3284  certificates shall provide applied academics instruction through
 3285  which students receive the basic skills instruction required
 3286  pursuant to this section.
 3287         (2) Students who enroll in a program offered for career
 3288  credit of 450 hours or more shall complete an entry-level
 3289  examination within the first 6 weeks after admission into the
 3290  program. The State Board of Education and the State Board of
 3291  Community Colleges shall collaborate to designate examinations
 3292  that are currently in existence, the results of which are
 3293  comparable across institutions, to assess student mastery of
 3294  basic skills. Any student found to lack the required level of
 3295  basic skills for such program shall be referred to applied
 3296  academics instruction or another adult general education program
 3297  for a structured program of basic skills instruction. Such
 3298  instruction may include English for speakers of other languages.
 3299  A student may not receive a career or technical certificate of
 3300  completion without first demonstrating the basic skills required
 3301  in the state curriculum frameworks for the career education
 3302  program.
 3303         (3)(a) An adult student with a disability may be exempted
 3304  from this section.
 3305         (b) The following students are exempt from this section:
 3306         1. A student who possesses a college degree at the
 3307  associate in applied science level or higher.
 3308         2. A student who demonstrates readiness for public
 3309  postsecondary education pursuant to s. 1008.30 and applicable
 3310  rules adopted by the State Board of Education and State Board of
 3311  Community Colleges.
 3312         3. A student who passes a state or national industry
 3313  certification or licensure examination that is identified in
 3314  State Board of Education or State Board of Community Colleges
 3315  rules and aligned to the career education program in which the
 3316  student is enrolled.
 3317         4. An adult student who is enrolled in an apprenticeship
 3318  program that is registered with the Department of Education in
 3319  accordance with chapter 446.
 3320         Section 45. Paragraph (b) of subsection (2) of section
 3321  1004.92, Florida Statutes, is amended, and subsection (4) is
 3322  added to that section, to read:
 3323         1004.92 Purpose and responsibilities for career education.—
 3324         (2)
 3325         (b) Department of Education, for school districts, and the
 3326  State Board of Community Colleges, for Florida Community College
 3327  System institutions, have the following responsibilities related
 3328  to accountability for career education includes, but is not
 3329  limited to:
 3330         1. The provision of timely, accurate technical assistance
 3331  to school districts and Florida Community College System
 3332  institutions.
 3333         2. The provision of timely, accurate information to the
 3334  State Board of Education, the Legislature, and the public.
 3335         3. The development of policies, rules, and procedures that
 3336  facilitate institutional attainment of the accountability
 3337  standards and coordinate the efforts of all divisions within the
 3338  department.
 3339         4. The development of program standards and industry-driven
 3340  benchmarks for career, adult, and community education programs,
 3341  which must be updated every 3 years. The standards must include
 3342  career, academic, and workplace skills; viability of distance
 3343  learning for instruction; and work/learn cycles that are
 3344  responsive to business and industry; and provisions that reflect
 3345  the quality components of career and technical education
 3346  programs. The Department of Education and the State Board of
 3347  Community Colleges shall collaborate to develop a common set of
 3348  standards and benchmarks as specified under this subparagraph
 3349  for the programs that are offered by both the school districts
 3350  and Florida Community College System institutions.
 3351         5. Overseeing school district and Florida Community College
 3352  System institution compliance with the provisions of this
 3353  chapter.
 3354         6. Ensuring that the educational outcomes for the technical
 3355  component of career programs are uniform and designed to provide
 3356  a graduate who is capable of entering the workforce on an
 3357  equally competitive basis regardless of the institution of
 3358  choice.
 3359         (4) The State Board of Education, for career education
 3360  provided by school districts, and the State Board of Community
 3361  Colleges, for career education provided by Florida Community
 3362  College System institutions, shall collaborate to adopt rules to
 3363  administer this section.
 3364         Section 46. Subsection (1) of section 1004.925, Florida
 3365  Statutes, is amended to read:
 3366         1004.925 Automotive service technology education programs;
 3367  certification.—
 3368         (1) All automotive service technology education programs
 3369  shall be industry certified in accordance with rules adopted by
 3370  the State Board of Education and the State Board of Community
 3371  Colleges.
 3372         Section 47. Paragraphs (c) and (d) of subsection (4) and
 3373  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3374  are amended to read:
 3375         1004.93 Adult general education.—
 3376         (4)
 3377         (c) The State Board of Community Colleges Education shall
 3378  define, by rule, the levels and courses of instruction to be
 3379  funded through the developmental education program. The State
 3380  Board of Community Colleges shall coordinate the establishment
 3381  of costs for developmental education courses, the establishment
 3382  of statewide standards that define required levels of
 3383  competence, acceptable rates of student progress, and the
 3384  maximum amount of time to be allowed for completion of
 3385  developmental education. Developmental education is part of an
 3386  associate in arts degree program and may not be funded as an
 3387  adult career education program.
 3388         (d) Expenditures for developmental education and lifelong
 3389  learning students shall be reported separately. Allocations for
 3390  developmental education shall be based on proportional full-time
 3391  equivalent enrollment. Program review results shall be included
 3392  in the determination of subsequent allocations. A student shall
 3393  be funded to enroll in the same developmental education class
 3394  within a skill area only twice, after which time the student
 3395  shall pay 100 percent of the full cost of instruction to support
 3396  the continuous enrollment of that student in the same class;
 3397  however, students who withdraw or fail a class due to
 3398  extenuating circumstances may be granted an exception only once
 3399  for each class, provided approval is granted according to policy
 3400  established by the board of trustees. Each Florida Community
 3401  College System institution shall have the authority to review
 3402  and reduce payment for increased fees due to continued
 3403  enrollment in a developmental education class on an individual
 3404  basis contingent upon the student’s financial hardship, pursuant
 3405  to definitions and fee levels established by the State Board of
 3406  Community Colleges Education. Developmental education and
 3407  lifelong learning courses do not generate credit toward an
 3408  associate or baccalaureate degree.
 3409         (6) The commissioner, for school districts, and the
 3410  Chancellor of the Florida Community College System, for Florida
 3411  Community College System institutions, shall recommend the level
 3412  of funding for public school and Florida Community College
 3413  System institution adult education within the legislative budget
 3414  request and make other recommendations and reports considered
 3415  necessary or required by rules of the State Board of Education.
 3416         (9) The State Board of Education and the State Board of
 3417  Community Colleges may adopt rules necessary for the
 3418  implementation of this section.
 3419         Section 48. Subsection (3) of section 1006.60, Florida
 3420  Statutes, is amended to read:
 3421         1006.60 Codes of conduct; disciplinary measures; authority
 3422  to adopt rules or regulations.—
 3423         (3) Sanctions authorized by such codes of conduct may be
 3424  imposed only for acts or omissions in violation of rules or
 3425  regulations adopted by the institution, including rules or
 3426  regulations adopted under this section, rules of the State Board
 3427  of Community Colleges regarding the Florida Community College
 3428  System Education, rules or regulations of the Board of Governors
 3429  regarding the State University System, county and municipal
 3430  ordinances, and the laws of this state, the United States, or
 3431  any other state.
 3432         Section 49. Subsection (1) of section 1006.61, Florida
 3433  Statutes, is amended to read:
 3434         1006.61 Participation by students in disruptive activities
 3435  at public postsecondary educational institution; penalties.—
 3436         (1) Any person who accepts the privilege extended by the
 3437  laws of this state of attendance at any public postsecondary
 3438  educational institution shall, by attending such institution, be
 3439  deemed to have given his or her consent to the policies of that
 3440  institution, the State Board of Community Colleges regarding the
 3441  Florida Community College System Education, and the Board of
 3442  Governors regarding the State University System, and the laws of
 3443  this state. Such policies shall include prohibition against
 3444  disruptive activities at public postsecondary educational
 3445  institutions.
 3446         Section 50. Section 1006.62, Florida Statutes, is amended
 3447  to read:
 3448         1006.62 Expulsion and discipline of students of Florida
 3449  Community College System institutions and state universities.—
 3450         (1) Each student in a Florida Community College System
 3451  institution or state university is subject to federal and state
 3452  law, respective county and municipal ordinances, and all rules
 3453  and regulations of the State Board of Community Colleges
 3454  regarding the Florida Community College System Education, the
 3455  Board of Governors regarding the State University System, or the
 3456  board of trustees of the institution.
 3457         (2) Violation of these published laws, ordinances, or rules
 3458  and regulations may subject the violator to appropriate action
 3459  by the institution’s authorities.
 3460         (3) Each president of a Florida Community College System
 3461  institution or state university may, after notice to the student
 3462  of the charges and after a hearing thereon, expel, suspend, or
 3463  otherwise discipline any student who is found to have violated
 3464  any law, ordinance, or rule or regulation of the State Board of
 3465  Community Colleges regarding the Florida Community College
 3466  System Education, the Board of Governors regarding the State
 3467  University System, or the board of trustees of the institution.
 3468  A student may be entitled to waiver of expulsion:
 3469         (a) If the student provides substantial assistance in the
 3470  identification, arrest, or conviction of any of his or her
 3471  accomplices, accessories, coconspirators, or principals or of
 3472  any other person engaged in violations of chapter 893 within a
 3473  state university or Florida Community College System
 3474  institution;
 3475         (b) If the student voluntarily discloses his or her
 3476  violations of chapter 893 prior to his or her arrest; or
 3477         (c) If the student commits himself or herself, or is
 3478  referred by the court in lieu of sentence, to a state-licensed
 3479  drug abuse program and successfully completes the program.
 3480         Section 51. Paragraphs (c) and (g) of subsection (1),
 3481  paragraph (b) of subsection (2), and subsection (3) of section
 3482  1006.71, Florida Statutes, are amended to read:
 3483         1006.71 Gender equity in intercollegiate athletics.—
 3484         (1) GENDER EQUITY PLAN.—
 3485         (c) The Chancellor of the Florida Community College System
 3486  Commissioner of Education shall annually assess the progress of
 3487  each Florida Community College System institution’s plan and
 3488  advise the State Board of Community Colleges Education and the
 3489  Legislature regarding compliance.
 3490         (g)1. If a Florida Community College System institution is
 3491  not in compliance with Title IX of the Education Amendments of
 3492  1972 and the Florida Educational Equity Act, the State Board of
 3493  Community Colleges Education shall:
 3494         a. Declare the Florida Community College System institution
 3495  ineligible for competitive state grants.
 3496         b. Withhold funds sufficient to obtain compliance.
 3497  
 3498  The Florida Community College System institution shall remain
 3499  ineligible and the funds may shall not be paid until the Florida
 3500  Community College System institution comes into compliance or
 3501  the Chancellor of the Florida Community College System
 3502  Commissioner of Education approves a plan for compliance.
 3503         2. If a state university is not in compliance with Title IX
 3504  of the Education Amendments of 1972 and the Florida Educational
 3505  Equity Act, the Board of Governors shall:
 3506         a. Declare the state university ineligible for competitive
 3507  state grants.
 3508         b. Withhold funds sufficient to obtain compliance.
 3509  
 3510  The state university shall remain ineligible and the funds may
 3511  shall not be paid until the state university comes into
 3512  compliance or the Board of Governors approves a plan for
 3513  compliance.
 3514         (2) FUNDING.—
 3515         (b) The level of funding and percentage share of support
 3516  for women’s intercollegiate athletics for Florida Community
 3517  College System institutions shall be determined by the State
 3518  Board of Community Colleges Education. The level of funding and
 3519  percentage share of support for women’s intercollegiate
 3520  athletics for state universities shall be determined by the
 3521  Board of Governors. The level of funding and percentage share
 3522  attained in the 1980-1981 fiscal year shall be the minimum level
 3523  and percentage maintained by each institution, except as the
 3524  State Board of Community Colleges Education or the Board of
 3525  Governors otherwise directs its respective institutions for the
 3526  purpose of assuring equity. Consideration shall be given by the
 3527  State Board of Community Colleges Education or the Board of
 3528  Governors to emerging athletic programs at institutions which
 3529  may not have the resources to secure external funds to provide
 3530  athletic opportunities for women. It is the intent that the
 3531  effect of any redistribution of funds among institutions may
 3532  shall not negate the requirements as set forth in this section.
 3533         (3) STATE BOARD OF COMMUNITY COLLEGES EDUCATION.—The State
 3534  Board of Community Colleges Education shall assure equal
 3535  opportunity for female athletes at Florida Community College
 3536  System institutions and establish:
 3537         (a) In conjunction with the State Board of Education,
 3538  guidelines for reporting of intercollegiate athletics data
 3539  concerning financial, program, and facilities information for
 3540  review by the State Board of Community Colleges Education
 3541  annually.
 3542         (b) Systematic audits for the evaluation of such data.
 3543         (c) Criteria for determining and assuring equity.
 3544         Section 52. Section 1007.01, Florida Statutes, is amended
 3545  to read:
 3546         1007.01 Articulation; legislative intent; purpose; role of
 3547  the State Board of Education, the State Board of Community
 3548  Colleges, and the Board of Governors; Articulation Coordinating
 3549  Committee.—
 3550         (1) It is the intent of the Legislature to facilitate
 3551  articulation and seamless integration of the K-20 education
 3552  system by building, sustaining, and strengthening relationships
 3553  among K-20 public organizations, between public and private
 3554  organizations, and between the education system as a whole and
 3555  Florida’s communities. The purpose of building, sustaining, and
 3556  strengthening these relationships is to provide for the
 3557  efficient and effective progression and transfer of students
 3558  within the education system and to allow students to proceed
 3559  toward their educational objectives as rapidly as their
 3560  circumstances permit. The Legislature further intends that
 3561  articulation policies and budget actions be implemented
 3562  consistently in the practices of the Department of Education and
 3563  postsecondary educational institutions and expressed in the
 3564  collaborative policy efforts of the State Board of Education,
 3565  and the Board of Governors, and the State Board of Community
 3566  Colleges.
 3567         (2) To preserve Florida’s “2+2” system of articulation and
 3568  improve and facilitate articulation systemwide, the State Board
 3569  of Education, and the Board of Governors, and the State Board of
 3570  Community Colleges shall collaboratively establish and adopt
 3571  policies with input from statewide K-20 advisory groups
 3572  established by the Commissioner of Education, the Chancellor of
 3573  the Florida Community College System, and the Chancellor of the
 3574  State University System and shall recommend the policies to the
 3575  Legislature. The policies shall relate to:
 3576         (a) The alignment between the exit requirements of one
 3577  education system and the admissions requirements of another
 3578  education system into which students typically transfer.
 3579         (b) The identification of common courses, the level of
 3580  courses, institutional participation in a statewide course
 3581  numbering system, and the transferability of credits among such
 3582  institutions.
 3583         (c) Identification of courses that meet general education
 3584  or common degree program prerequisite requirements at public
 3585  postsecondary educational institutions.
 3586         (d) Dual enrollment course equivalencies.
 3587         (e) Articulation agreements.
 3588         (3) The Commissioner of Education, in consultation with the
 3589  Chancellor of the Florida Community College System and the
 3590  Chancellor of the State University System, shall establish the
 3591  Articulation Coordinating Committee, which shall make
 3592  recommendations related to statewide articulation policies and
 3593  issues regarding access, quality, and reporting of data
 3594  maintained by the K-20 data warehouse, established pursuant to
 3595  ss. 1001.10 and 1008.31, to the Higher Education Coordination
 3596  Council, the State Board of Education, and the Board of
 3597  Governors, and the State Board of Community Colleges. The
 3598  committee shall consist of two members each representing the
 3599  State University System, the Florida Community College System,
 3600  public career and technical education, K-12 education, and
 3601  nonpublic postsecondary education and one member representing
 3602  students. The chair shall be elected from the membership. The
 3603  Office of K-20 Articulation shall provide administrative support
 3604  for the committee. The committee shall:
 3605         (a) Monitor the alignment between the exit requirements of
 3606  one education system and the admissions requirements of another
 3607  education system into which students typically transfer and make
 3608  recommendations for improvement.
 3609         (b) Propose guidelines for interinstitutional agreements
 3610  between and among public schools, career and technical education
 3611  centers, Florida Community College System institutions, state
 3612  universities, and nonpublic postsecondary institutions.
 3613         (c) Annually recommend dual enrollment course and high
 3614  school subject area equivalencies for approval by the State
 3615  Board of Education, and the Board of Governors, and the State
 3616  Board of Community Colleges.
 3617         (d) Annually review the statewide articulation agreement
 3618  pursuant to s. 1007.23 and make recommendations for revisions.
 3619         (e) Annually review the statewide course numbering system,
 3620  the levels of courses, and the application of transfer credit
 3621  requirements among public and nonpublic institutions
 3622  participating in the statewide course numbering system and
 3623  identify instances of student transfer and admissions
 3624  difficulties.
 3625         (f) Annually publish a list of courses that meet common
 3626  general education and common degree program prerequisite
 3627  requirements at public postsecondary institutions identified
 3628  pursuant to s. 1007.25.
 3629         (g) Foster timely collection and reporting of statewide
 3630  education data to improve the K-20 education performance
 3631  accountability system pursuant to ss. 1001.10 and 1008.31,
 3632  including, but not limited to, data quality, accessibility, and
 3633  protection of student records.
 3634         (h) Recommend roles and responsibilities of public
 3635  education entities in interfacing with the single, statewide
 3636  computer-assisted student advising system established pursuant
 3637  to s. 1006.735.
 3638         (i) Make recommendations regarding the cost and
 3639  requirements to develop and implement an online system for
 3640  collecting and analyzing data regarding requests for transfer of
 3641  credit by postsecondary education students. The online system,
 3642  at a minimum, must collect information regarding the total
 3643  number of credit transfer requests denied and the reason for
 3644  each denial. Recommendations shall be reported to the President
 3645  of the Senate and the Speaker of the House of Representatives on
 3646  or before January 31, 2015.
 3647         Section 53. Subsections (1) and (6) of section 1007.23,
 3648  Florida Statutes, are amended, and subsection (7) is added to
 3649  that section, to read:
 3650         1007.23 Statewide articulation agreement.—
 3651         (1) The State Board of Education, and the Board of
 3652  Governors, and the State Board of Community Colleges shall enter
 3653  into a statewide articulation agreement which the State Board of
 3654  Education and the State Board of Community Colleges shall adopt
 3655  by rule. The agreement must preserve Florida’s “2+2” system of
 3656  articulation, facilitate the seamless articulation of student
 3657  credit across and among Florida’s educational entities, and
 3658  reinforce the provisions of this chapter by governing:
 3659         (a) Articulation between secondary and postsecondary
 3660  education;
 3661         (b) Admission of associate in arts degree graduates from
 3662  Florida Community College System institutions and state
 3663  universities;
 3664         (c) Admission of applied technology diploma program
 3665  graduates from Florida Community College System institutions or
 3666  career centers;
 3667         (d) Admission of associate in science degree and associate
 3668  in applied science degree graduates from Florida Community
 3669  College System institutions;
 3670         (e) The use of acceleration mechanisms, including
 3671  nationally standardized examinations through which students may
 3672  earn credit;
 3673         (f) General education requirements and statewide course
 3674  numbers as provided for in ss. 1007.24 and 1007.25; and
 3675         (g) Articulation among programs in nursing.
 3676         (6) The articulation agreement must guarantee the
 3677  articulation of 9 credit hours toward a postsecondary degree in
 3678  early childhood education for programs approved by the State
 3679  Board of Community Colleges Education and the Board of Governors
 3680  which:
 3681         (a) Award a child development associate credential issued
 3682  by the National Credentialing Program of the Council for
 3683  Professional Recognition or award a credential approved under s.
 3684  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3685  child development associate credential; and
 3686         (b) Include training in emergent literacy which meets or
 3687  exceeds the minimum standards for training courses for
 3688  prekindergarten instructors of the Voluntary Prekindergarten
 3689  Education Program in s. 1002.59.
 3690         (7) To strengthen Florida’s “2+2” system of articulation
 3691  and improve student retention and on-time graduation, by the
 3692  2018-2019 academic year, each Florida Community College System
 3693  institution shall execute at least one “2+2” targeted pathway
 3694  articulation agreement with one or more state universities to
 3695  establish “2+2” targeted pathway programs. The agreement must
 3696  provide students who graduate with an associate in arts degree
 3697  and who meet specified requirements guaranteed access to the
 3698  state university and a degree program at that university, in
 3699  accordance with the terms of the “2+2” targeted pathway
 3700  articulation agreement.
 3701         (a) To participate in a “2+2” targeted pathway program, a
 3702  student must:
 3703         1. Enroll in the program before completing 30 credit hours,
 3704  including, but not limited to, college credits earned through
 3705  articulated acceleration mechanisms pursuant to s. 1007.27;
 3706         2. Complete an associate in arts degree; and
 3707         3. Meet the university’s transfer requirements.
 3708         (b) A state university that executes a “2+2” targeted
 3709  pathway articulation agreement must meet the following
 3710  requirements in order to implement a “2+2” targeted pathway
 3711  program in collaboration with its partner Florida Community
 3712  College System institution:
 3713         1. Establish a 4-year on-time graduation plan for a
 3714  baccalaureate degree program, including, but not limited to, a
 3715  plan for students to complete associate in arts degree programs,
 3716  general education courses, common prerequisite courses, and
 3717  elective courses;
 3718         2. Advise students enrolled in the program about the
 3719  university’s transfer and degree program requirements; and
 3720         3. Provide students who meet the requirements under this
 3721  paragraph with access to academic advisors and campus events and
 3722  with guaranteed admittance to the state university and a degree
 3723  program of the state university, in accordance with the terms of
 3724  the agreement.
 3725         (c)To assist the state universities and Florida Community
 3726  College System institutions with implementing the “2+2” targeted
 3727  pathway programs effectively, the State Board of Community
 3728  Colleges and the Board of Governors shall collaborate to
 3729  eliminate barriers in executing “2+2” targeted pathway
 3730  articulation agreements.
 3731         Section 54. Subsections (1), (2), and (3) of section
 3732  1007.24, Florida Statutes, are amended to read:
 3733         1007.24 Statewide course numbering system.—
 3734         (1) The Department of Education, in conjunction with the
 3735  Board of Governors and the State Board of Community Colleges,
 3736  shall develop, coordinate, and maintain a statewide course
 3737  numbering system for postsecondary and dual enrollment education
 3738  in school districts, public postsecondary educational
 3739  institutions, and participating nonpublic postsecondary
 3740  educational institutions that will improve program planning,
 3741  increase communication among all delivery systems, and
 3742  facilitate student acceleration and the transfer of students and
 3743  credits between public school districts, public postsecondary
 3744  educational institutions, and participating nonpublic
 3745  educational institutions. The continuing maintenance of the
 3746  system shall be accomplished with the assistance of appropriate
 3747  faculty committees representing public and participating
 3748  nonpublic educational institutions.
 3749         (2) The Commissioner of Education, in conjunction with the
 3750  Chancellor of the Florida Community College System and the
 3751  Chancellor of the State University System, shall appoint faculty
 3752  committees representing faculties of participating institutions
 3753  to recommend a single level for each course, including
 3754  postsecondary career education courses, included in the
 3755  statewide course numbering system.
 3756         (a) Any course designated as an upper-division-level course
 3757  must be characterized by a need for advanced academic
 3758  preparation and skills that a student would be unlikely to
 3759  achieve without significant prior coursework.
 3760         (b) A course that is offered as part of an associate in
 3761  science degree program and as an upper-division course for a
 3762  baccalaureate degree shall be designated for both the lower and
 3763  upper division.
 3764         (c) A course designated as lower-division may be offered by
 3765  any Florida Community College System institution.
 3766         (3) The Commissioner of Education shall recommend to the
 3767  State Board of Education the levels for the courses. The State
 3768  Board of Education, with input from the Board of Governors and
 3769  the State Board of Community Colleges, shall approve the levels
 3770  for the courses.
 3771         Section 55. Subsections (3), (5), and (8) through (11) of
 3772  section 1007.25, Florida Statutes, are amended to read:
 3773         1007.25 General education courses; common prerequisites;
 3774  other degree requirements.—
 3775         (3) The chair of the State Board of Community Colleges
 3776  Education and the chair of the Board of Governors, or their
 3777  designees, shall jointly appoint faculty committees to identify
 3778  statewide general education core course options. General
 3779  education core course options shall consist of a maximum of five
 3780  courses within each of the subject areas of communication,
 3781  mathematics, social sciences, humanities, and natural sciences.
 3782  The core courses may be revised, or the five-course maximum
 3783  within each subject area may be exceeded, if approved by the
 3784  State Board of Community Colleges Education and the Board of
 3785  Governors, as recommended by the subject area faculty committee
 3786  and approved by the Articulation Coordinating Committee as
 3787  necessary for a subject area. Each general education core course
 3788  option must contain high-level academic and critical thinking
 3789  skills and common competencies that students must demonstrate to
 3790  successfully complete the course. Beginning with students
 3791  initially entering a Florida Community College System
 3792  institution or state university in 2015-2016 and thereafter,
 3793  each student must complete at least one identified core course
 3794  in each subject area as part of the general education course
 3795  requirements. All public postsecondary educational institutions
 3796  shall accept these courses as meeting general education core
 3797  course requirements. The remaining general education course
 3798  requirements shall be identified by each institution and
 3799  reported to the department by their statewide course number. The
 3800  general education core course options shall be adopted in rule
 3801  by the State Board of Community Colleges Education and in
 3802  regulation by the Board of Governors.
 3803         (5) The department shall identify common prerequisite
 3804  courses and course substitutions for degree programs across all
 3805  institutions. Common degree program prerequisites shall be
 3806  offered and accepted by all state universities and Florida
 3807  Community College System institutions, except in cases approved
 3808  by the State Board of Community Colleges, Education for Florida
 3809  Community College System institutions, and the Board of
 3810  Governors, for state universities. The department shall develop
 3811  a centralized database containing the list of courses and course
 3812  substitutions that meet the prerequisite requirements for each
 3813  baccalaureate degree program.
 3814         (8) A baccalaureate degree program shall require no more
 3815  than 120 semester hours of college credit and include 36
 3816  semester hours of general education coursework, unless prior
 3817  approval has been granted by the Board of Governors for
 3818  baccalaureate degree programs offered by state universities and
 3819  by the State Board of Community Colleges Education for
 3820  baccalaureate degree programs offered by Florida Community
 3821  College System institutions.
 3822         (9) A student who received an associate in arts degree for
 3823  successfully completing 60 semester credit hours may continue to
 3824  earn additional credits at a Florida Community College System
 3825  institution. The university must provide credit toward the
 3826  student’s baccalaureate degree for a an additional Florida
 3827  Community College System institution course if, according to the
 3828  statewide course numbering, the Florida Community College System
 3829  institution course is a course listed in the university catalog
 3830  as required for the degree or as prerequisite to a course
 3831  required for the degree. Of the courses required for the degree,
 3832  at least half of the credit hours required for the degree shall
 3833  be achievable through courses designated as lower division,
 3834  except in degree programs approved by the State Board of
 3835  Community Colleges Education for programs offered by Florida
 3836  Community College System institutions and by the Board of
 3837  Governors for programs offered by state universities.
 3838         (10) Students at state universities may request associate
 3839  in arts certificates if they have successfully completed the
 3840  minimum requirements for the degree of associate in arts (A.A.).
 3841  The university must grant the student an associate in arts
 3842  degree if the student has successfully completed minimum
 3843  requirements for college-level communication and computation
 3844  skills adopted by the State Board of Community Colleges
 3845  Education and 60 academic semester hours or the equivalent
 3846  within a degree program area, including 36 semester hours in
 3847  general education courses in the subject areas of communication,
 3848  mathematics, social sciences, humanities, and natural sciences,
 3849  consistent with the general education requirements specified in
 3850  the articulation agreement pursuant to s. 1007.23.
 3851         (11) The Commissioner of Education and the Chancellor of
 3852  the Florida Community College System shall jointly appoint
 3853  faculty committees representing both Florida Community College
 3854  System institution and public school faculties to recommend to
 3855  the commissioner, or the Chancellor of the Florida Community
 3856  College System, as applicable, for approval by the State Board
 3857  of Education and the State Board of Community Colleges, as
 3858  applicable, a standard program length and appropriate
 3859  occupational completion points for each postsecondary career
 3860  certificate program, diploma, and degree offered by a school
 3861  district or a Florida Community College System institution.
 3862         Section 56. Section 1007.262, Florida Statutes, is amended
 3863  to read:
 3864         1007.262 Foreign language competence; equivalence
 3865  determinations.—The Department of Education shall identify the
 3866  competencies demonstrated by students upon the successful
 3867  completion of 2 credits of sequential high school foreign
 3868  language instruction. For the purpose of determining
 3869  postsecondary equivalence, the State Board of Community Colleges
 3870  department shall develop rules through which Florida Community
 3871  College System institutions correlate such competencies to the
 3872  competencies required of students in the colleges’ respective
 3873  courses. Based on this correlation, each Florida Community
 3874  College System institution shall identify the minimum number of
 3875  postsecondary credits that students must earn in order to
 3876  demonstrate a level of competence in a foreign language at least
 3877  equivalent to that of students who have completed 2 credits of
 3878  such instruction in high school. The department may also specify
 3879  alternative means by which students can demonstrate equivalent
 3880  foreign language competence, including means by which a student
 3881  whose native language is not English may demonstrate proficiency
 3882  in the native language. A student who demonstrates proficiency
 3883  in a native language other than English is exempt from a
 3884  requirement of completing foreign language courses at the
 3885  secondary or Florida Community College System level.
 3886         Section 57. Section 1007.263, Florida Statutes, is amended
 3887  to read:
 3888         1007.263 Florida Community College System institutions;
 3889  admissions of students.—Each Florida Community College System
 3890  institution board of trustees is authorized to adopt rules
 3891  governing admissions of students subject to this section and
 3892  rules of the State Board of Community Colleges Education. These
 3893  rules shall include the following:
 3894         (1) Admissions counseling shall be provided to all students
 3895  entering college or career credit programs. For students who are
 3896  not otherwise exempt from testing under s. 1008.30, counseling
 3897  must use tests to measure achievement of college-level
 3898  communication and computation competencies by students entering
 3899  college credit programs or tests to measure achievement of basic
 3900  skills for career education programs as prescribed in s.
 3901  1004.91. Counseling includes providing developmental education
 3902  options for students whose assessment results, determined under
 3903  s. 1008.30, indicate that they need to improve communication or
 3904  computation skills that are essential to perform college-level
 3905  work.
 3906         (2) Admission to associate degree programs is subject to
 3907  minimum standards adopted by the State Board of Community
 3908  Colleges Education and shall require:
 3909         (a) A standard high school diploma, a high school
 3910  equivalency diploma as prescribed in s. 1003.435, previously
 3911  demonstrated competency in college credit postsecondary
 3912  coursework, or, in the case of a student who is home educated, a
 3913  signed affidavit submitted by the student’s parent or legal
 3914  guardian attesting that the student has completed a home
 3915  education program pursuant to the requirements of s. 1002.41.
 3916  Students who are enrolled in a dual enrollment or early
 3917  admission program pursuant to s. 1007.271 are exempt from this
 3918  requirement.
 3919         (b) A demonstrated level of achievement of college-level
 3920  communication and computation skills.
 3921         (c) Any other requirements established by the board of
 3922  trustees.
 3923         (3) Admission to other programs within the Florida
 3924  Community College System institution shall include education
 3925  requirements as established by the board of trustees.
 3926         (4) A student who has been awarded a certificate of
 3927  completion under s. 1003.4282 is eligible to enroll in
 3928  certificate career education programs.
 3929         (5) A student with a documented disability may be eligible
 3930  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3931  1007.265.
 3932  
 3933  Each board of trustees shall establish policies that notify
 3934  students about developmental education options for improving
 3935  their communication or computation skills that are essential to
 3936  performing college-level work, including tutoring, extended time
 3937  in gateway courses, free online courses, adult basic education,
 3938  adult secondary education, or private provider instruction.
 3939         Section 58. Subsection (2) of section 1007.264, Florida
 3940  Statutes, is amended to read:
 3941         1007.264 Persons with disabilities; admission to
 3942  postsecondary educational institutions; substitute requirements;
 3943  rules and regulations.—
 3944         (2) The State Board of Community Colleges Education, in
 3945  consultation with the Board of Governors, shall adopt rules to
 3946  implement this section for Florida Community College System
 3947  institutions and shall develop substitute admission requirements
 3948  where appropriate.
 3949         Section 59. Subsections (2) and (3) of section 1007.265,
 3950  Florida Statutes, are amended to read:
 3951         1007.265 Persons with disabilities; graduation, study
 3952  program admission, and upper-division entry; substitute
 3953  requirements; rules and regulations.—
 3954         (2) The State Board of Community Colleges Education, in
 3955  consultation with the Board of Governors, shall adopt rules to
 3956  implement this section for Florida Community College System
 3957  institutions and shall develop substitute requirements where
 3958  appropriate.
 3959         (3) The Board of Governors, in consultation with the State
 3960  Board of Community Colleges Education, shall adopt regulations
 3961  to implement this section for state universities and shall
 3962  develop substitute requirements where appropriate.
 3963         Section 60. Subsections (3) and (22) of section 1007.271,
 3964  Florida Statutes, are amended to read:
 3965         1007.271 Dual enrollment programs.—
 3966         (3) Student eligibility requirements for initial enrollment
 3967  in college credit dual enrollment courses must include a 3.0
 3968  unweighted high school grade point average and the minimum score
 3969  on a common placement test adopted by the State Board of
 3970  Education which indicates that the student is ready for college
 3971  level coursework. Student eligibility requirements for continued
 3972  enrollment in college credit dual enrollment courses must
 3973  include the maintenance of a 3.0 unweighted high school grade
 3974  point average and the minimum postsecondary grade point average
 3975  established by the postsecondary institution. Regardless of
 3976  meeting student eligibility requirements for continued
 3977  enrollment, a student may lose the opportunity to participate in
 3978  a dual enrollment course if the student is disruptive to the
 3979  learning process such that the progress of other students or the
 3980  efficient administration of the course is hindered. Student
 3981  eligibility requirements for initial and continued enrollment in
 3982  career certificate dual enrollment courses must include a 2.0
 3983  unweighted high school grade point average. Exceptions to the
 3984  required grade point averages may be granted on an individual
 3985  student basis if the educational entities agree and the terms of
 3986  the agreement are contained within the dual enrollment
 3987  articulation agreement established pursuant to subsection (21).
 3988  Florida Community College System institution boards of trustees
 3989  may establish additional initial student eligibility
 3990  requirements, which shall be included in the dual enrollment
 3991  articulation agreement, to ensure student readiness for
 3992  postsecondary instruction. Additional requirements included in
 3993  the agreement may not arbitrarily prohibit students who have
 3994  demonstrated the ability to master advanced courses from
 3995  participating in dual enrollment courses.
 3996         (22) The Department of Education shall develop an
 3997  electronic submission system for dual enrollment articulation
 3998  agreements and shall review, for compliance, each dual
 3999  enrollment articulation agreement submitted pursuant to
 4000  subsections (13), (21), and (24). The Commissioner of Education
 4001  shall notify the district school superintendent and the Florida
 4002  Community College System institution president if the dual
 4003  enrollment articulation agreement does not comply with statutory
 4004  requirements and shall submit any dual enrollment articulation
 4005  agreement with unresolved issues of noncompliance to the State
 4006  Board of Education. The State Board of Education shall
 4007  collaborate with the State Board of Community Colleges to
 4008  resolve unresolved issues of noncompliance.
 4009         Section 61. Subsection (6) of section 1007.273, Florida
 4010  Statutes, is amended to read:
 4011         1007.273 Collegiate high school program.—
 4012         (6) The collegiate high school program shall be funded
 4013  pursuant to ss. 1007.271 and 1011.62. The State Board of
 4014  Education shall enforce compliance with this section by
 4015  withholding the transfer of funds for the school districts and
 4016  the Florida College System institutions in accordance with s.
 4017  1008.32. Annually by December 31, the State Board of Community
 4018  Colleges shall enforce compliance with this section by
 4019  withholding the transfer of funds for the Florida Community
 4020  College System institutions in accordance with s. 1001.602.
 4021         Section 62. Section 1007.33, Florida Statutes, is amended
 4022  to read:
 4023         1007.33 Site-determined baccalaureate degree access.—
 4024         (1)(a) The Legislature recognizes that public and private
 4025  postsecondary educational institutions play an essential role in
 4026  improving the quality of life and economic well-being of the
 4027  state and its residents. The Legislature also recognizes that
 4028  economic development needs and the educational needs of place
 4029  bound, nontraditional students have increased the demand for
 4030  local access to baccalaureate degree programs. It is therefore
 4031  the intent of the Legislature to further expand access to
 4032  baccalaureate degree programs through the use of Florida
 4033  Community College System institutions.
 4034         (b) For purposes of this section, the term “district”
 4035  refers to the county or counties served by a Florida Community
 4036  College System institution pursuant to s. 1000.21(3).
 4037         (2) Any Florida Community College System institution that
 4038  offers one or more baccalaureate degree programs must:
 4039         (a) Maintain as its primary mission:
 4040         1. Responsibility for responding to community needs for
 4041  postsecondary academic education and career degree education as
 4042  prescribed in s. 1004.65(5).
 4043         2. The provision of associate degrees that provide access
 4044  to a university.
 4045         (b) Maintain an open-door admission policy for associate
 4046  level degree programs and workforce education programs.
 4047         (c) Continue to provide outreach to underserved
 4048  populations.
 4049         (d) Continue to provide remedial education pursuant to s.
 4050  1008.30.
 4051         (e) Comply with all provisions of the statewide
 4052  articulation agreement which relate to 2-year and 4-year public
 4053  degree-granting institutions as adopted by the State Board of
 4054  Education or the State Board of Community Colleges, as
 4055  applicable, pursuant to s. 1007.23.
 4056         (f) Not award graduate credit.
 4057         (g) Not participate in intercollegiate athletics beyond the
 4058  2-year level.
 4059         (3) A Florida Community College System institution may not
 4060  terminate its associate in arts or associate in science degree
 4061  programs as a result of being authorized to offer one or more
 4062  baccalaureate degree programs. The Legislature intends that the
 4063  primary responsibility of a Florida Community College System
 4064  institution, including a Florida Community College System
 4065  institution that offers baccalaureate degree programs, continues
 4066  to be the provision of associate degrees that provide access to
 4067  a university.
 4068         (4) A Florida Community College System institution may:
 4069         (a) Offer specified baccalaureate degree programs through
 4070  formal agreements between the Florida Community College System
 4071  institution and other regionally accredited postsecondary
 4072  educational institutions pursuant to s. 1007.22.
 4073         (b) Offer baccalaureate degree programs that are were
 4074  authorized by law prior to July 1, 2009.
 4075         (c) Beginning July 1, 2009, establish a first or subsequent
 4076  baccalaureate degree program for purposes of meeting district,
 4077  regional, or statewide workforce needs if approved by the State
 4078  Board of Community Colleges Education under this section.
 4079  However, a Florida Community College System institution may not
 4080  offer a bachelor of arts degree program.
 4081  
 4082  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4083  College is authorized to establish one or more bachelor of
 4084  applied science degree programs based on an analysis of
 4085  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4086  other counties approved by the Department of Education. For each
 4087  program selected, St. Petersburg College must offer a related
 4088  associate in science or associate in applied science degree
 4089  program, and the baccalaureate degree level program must be
 4090  designed to articulate fully with at least one associate in
 4091  science degree program. The college is encouraged to develop
 4092  articulation agreements for enrollment of graduates of related
 4093  associate in applied science degree programs. The Board of
 4094  Trustees of St. Petersburg College is authorized to establish
 4095  additional baccalaureate degree programs if it determines a
 4096  program is warranted and feasible based on each of the factors
 4097  in paragraph (5)(d). However, the Board of Trustees of St.
 4098  Petersburg College may not establish any new baccalaureate
 4099  degree programs from March 31, 2014, through May 31, 2015. Prior
 4100  to developing or proposing a new baccalaureate degree program,
 4101  St. Petersburg College shall engage in need, demand, and impact
 4102  discussions with the state university in its service district
 4103  and other local and regional, accredited postsecondary providers
 4104  in its region. Documentation, data, and other information from
 4105  inter-institutional discussions regarding program need, demand,
 4106  and impact shall be provided to the college’s board of trustees
 4107  to inform the program approval process. Employment at St.
 4108  Petersburg College is governed by the same laws that govern
 4109  Florida College System institutions, except that upper-division
 4110  faculty are eligible for continuing contracts upon the
 4111  completion of the fifth year of teaching. Employee records for
 4112  all personnel shall be maintained as required by s. 1012.81.
 4113         (5) The approval process for baccalaureate degree programs
 4114  requires shall require:
 4115         (a) Each Florida Community College System institution to
 4116  submit a notice of interest at least 180 days before submitting
 4117  a notice of its intent to propose a baccalaureate degree program
 4118  to the Division of Florida Colleges at least 100 days before the
 4119  submission of its proposal under paragraph (d). The notice of
 4120  interest must be submitted into a shared postsecondary database
 4121  that allows other postsecondary institutions to preview and
 4122  provide feedback on the notice of interest. A written notice of
 4123  intent must be submitted to the Chancellor of the Florida
 4124  Community College System at least 100 days before the submission
 4125  of a baccalaureate degree program proposal under paragraph (c).
 4126  The notice of intent must include a brief description of the
 4127  program, the workforce demand and unmet need for graduates of
 4128  the program to include evidence from entities independent of the
 4129  institution, the geographic region to be served, and an
 4130  estimated timeframe for implementation. Notices of interest and
 4131  intent may be submitted by a Florida Community College System
 4132  institution at any time throughout the year. The notice of
 4133  intent must also include evidence that the Florida Community
 4134  College System institution engaged in need, demand, and impact
 4135  discussions with the state university and other regionally
 4136  accredited postsecondary education providers in its service
 4137  district.
 4138         (b) The Chancellor of the Florida Community College System
 4139  Division of Florida Colleges to forward the notice of intent
 4140  submitted pursuant to paragraph (a) and the justification for
 4141  the proposed baccalaureate degree program required under
 4142  paragraph (c) within 10 business days after receiving such
 4143  notice and justification to the Chancellor of the State
 4144  University System, the president of the Independent Colleges and
 4145  Universities of Florida, and the Executive Director of the
 4146  Commission for Independent Education. State universities shall
 4147  have 60 days following receipt of the notice of intent and
 4148  justification by the Chancellor of the State University System
 4149  to submit an objection and a reason for the objection to the
 4150  proposed baccalaureate degree program, which may include
 4151  objections to the proposed new program or submit an alternative
 4152  proposal to offer the baccalaureate degree program. The
 4153  Chancellor of the State University System shall review the
 4154  objection raised by a state university and inform the Board of
 4155  Governors of the objection before a state university submits its
 4156  objection to the Chancellor of the Florida Community College
 4157  System. The Chancellor of the Florida Community College System
 4158  must consult with the Chancellor of the State University System
 4159  to consider the objection raised by the state university before
 4160  the State Board of Community Colleges approves or denies a
 4161  Florida Community College System institution’s proposal
 4162  submitted pursuant to paragraph (c). If a proposal from a state
 4163  university is not received within the 60-day period, The
 4164  Chancellor of the Florida Community College System State Board
 4165  of Education shall also provide regionally accredited private
 4166  colleges and universities 60 30 days to submit an objection and
 4167  a reason for the objection to the proposed baccalaureate degree
 4168  program, which may include an alternative proposal to offer a
 4169  baccalaureate degree program objections to the proposed new
 4170  program or submit an alternative proposal. Objections by a
 4171  regionally accredited private college or university or
 4172  alternative proposals shall be submitted to the Chancellor of
 4173  the Florida Community College System, and the state board must
 4174  consider such objections before Division of Florida Colleges and
 4175  must be considered by the State Board of Education in making its
 4176  decision to approve or deny a Florida Community College System
 4177  institution’s proposal submitted pursuant to paragraph (c).
 4178         (c) An alternative proposal submitted by a state university
 4179  or private college or university to adequately address:
 4180         1. The extent to which the workforce demand and unmet need
 4181  described in the notice of intent will be met.
 4182         2. The extent to which students will be able to complete
 4183  the degree in the geographic region proposed to be served by the
 4184  Florida College System institution.
 4185         3. The level of financial commitment of the college or
 4186  university to the development, implementation, and maintenance
 4187  of the specified degree program, including timelines.
 4188         4. The extent to which faculty at both the Florida College
 4189  System institution and the college or university will
 4190  collaborate in the development and offering of the curriculum.
 4191         5. The ability of the Florida College System institution
 4192  and the college or university to develop and approve the
 4193  curriculum for the specified degree program within 6 months
 4194  after an agreement between the Florida College System
 4195  institution and the college or university is signed.
 4196         6. The extent to which the student may incur additional
 4197  costs above what the student would expect to incur if the
 4198  program were offered by the Florida College System institution.
 4199         (c)(d) Each Florida Community College System institution to
 4200  submit a baccalaureate degree program proposal at least 100 days
 4201  after submitting the notice of intent. Each proposal must
 4202  submitted by a Florida College System institution to, at a
 4203  minimum, include:
 4204         1. A description of the planning process and timeline for
 4205  implementation.
 4206         2. A justification for the proposed baccalaureate degree
 4207  program, including, at a minimum, a data-driven An analysis of
 4208  workforce demand and unmet need for graduates of the program on
 4209  a district, regional, or statewide basis, as appropriate, and
 4210  the extent to which the proposed program will meet the workforce
 4211  demand and unmet need. The analysis must include workforce and
 4212  employment data for the most recent years and projections by the
 4213  Department of Economic Opportunity for future years, and a
 4214  summary of degree programs similar to the proposed degree
 4215  program which are currently offered by state universities or by
 4216  independent nonprofit colleges or universities that are eligible
 4217  to participate in a grant program pursuant to s. 1009.89 and
 4218  which are located in the Florida Community College System
 4219  institution’s regional service area. The analysis and evidence
 4220  must be verified by the Chancellor of the Florida Community
 4221  College System including evidence from entities independent of
 4222  the institution.
 4223         3. Identification of the facilities, equipment, and library
 4224  and academic resources that will be used to deliver the program.
 4225         4. The program cost analysis of creating a new
 4226  baccalaureate degree when compared to alternative proposals and
 4227  other program delivery options.
 4228         5. The program’s admission requirements, academic content,
 4229  curriculum, faculty credentials, student-to-teacher ratios, and
 4230  accreditation plan.
 4231         6. The program’s student enrollment projections and funding
 4232  requirements, including:
 4233         a. The impact of the program’s enrollment projections on
 4234  compliance with the upper-level enrollment provisions under
 4235  subsection (6); and
 4236         b. The institution’s efforts to sustain the program at the
 4237  cost of tuition and fees for students who are classified as
 4238  residents for tuition purposes under s. 1009.21, not to exceed
 4239  $10,000 for the entire degree program, including flexible
 4240  tuition and fee rates, and the use of waivers pursuant to s.
 4241  1009.26(11).
 4242         7. A plan of action if the program is terminated.
 4243         (d)(e) The State Board of Community Division of Florida
 4244  Colleges to review the proposal, notify the Florida Community
 4245  College System institution of any deficiencies in writing within
 4246  30 days following receipt of the proposal, and provide the
 4247  Florida Community College System institution with an opportunity
 4248  to correct the deficiencies. Within 45 days following receipt of
 4249  a completed proposal by the State Board of Community Division of
 4250  Florida Colleges, the Chancellor of the Florida Community
 4251  College System Commissioner of Education shall recommend
 4252  approval or disapproval of the proposal to the State Board of
 4253  Community Colleges Education. The State Board of Community
 4254  Colleges Education shall consider such recommendation, the
 4255  proposal, input from the Chancellor of the State University
 4256  System and the president of the Independent Colleges and
 4257  Universities of Florida, and any objections or alternative
 4258  proposals at its next meeting. If the State Board of Community
 4259  Colleges Education disapproves the Florida Community College
 4260  System institution’s proposal, it shall provide the Florida
 4261  Community College System institution with written reasons for
 4262  that determination.
 4263         (e)(f) The Florida Community College System institution to
 4264  obtain from the Commission on Colleges of the Southern
 4265  Association of Colleges and Schools accreditation as a
 4266  baccalaureate-degree-granting institution if approved by the
 4267  State Board of Community Colleges Education to offer its first
 4268  baccalaureate degree program.
 4269         (f)(g) The Florida Community College System institution to
 4270  notify the Commission on Colleges of the Southern Association of
 4271  Colleges and Schools of subsequent degree programs that are
 4272  approved by the State Board of Community Colleges Education and
 4273  to comply with the association’s required substantive change
 4274  protocols for accreditation purposes.
 4275         (g)(h) The Florida Community College System institution to
 4276  annually report to the State Board of Community Colleges, the
 4277  Chancellor of the State University System, and upon request of
 4278  the State Board of Education, the Commissioner of Education, the
 4279  Chancellor of the Florida College System, or the Legislature,
 4280  report its status using the following performance and compliance
 4281  indicators:
 4282         1. Obtaining and maintaining appropriate Southern
 4283  Association of Colleges and Schools accreditation;
 4284         2. Maintaining qualified faculty and institutional
 4285  resources;
 4286         3. Maintaining student enrollment in previously approved
 4287  programs;
 4288         4. Managing fiscal resources appropriately;
 4289         5. Complying with the primary mission and responsibility
 4290  requirements in subsections (2) and (3); and
 4291         6. Other indicators of success, including program
 4292  completions, employment and earnings outcomes, student
 4293  acceptance into and performance in graduate programs placements,
 4294  and surveys of graduates and employers;.
 4295         7. Continuing to meet workforce demand, as provided in
 4296  subparagraph (c)2., as demonstrated through a data-driven needs
 4297  assessment by the Florida Community College System institution
 4298  which is verified by more than one third-party professional
 4299  entity that is independent of the institution; and
 4300         8. Complying with the upper-level enrollment provisions
 4301  under subsection (6).
 4302  
 4303  The State Board of Community Colleges Education, upon annual
 4304  review of the baccalaureate degree program performance and
 4305  compliance indicators and needs assessment, may require a
 4306  Florida Community College System institution’s board of trustees
 4307  to modify or terminate a baccalaureate degree program authorized
 4308  under this section. If the annual review indicates negative
 4309  program performance and compliance results, and if the needs
 4310  assessment fails to demonstrate a need for the program, the
 4311  State Board of Community Colleges must require a Florida
 4312  Community College System institution’s board of trustees to
 4313  terminate that baccalaureate degree program.
 4314         (6)(a) If the 2015-2016 total upper-level, undergraduate
 4315  full-time equivalent enrollment at a Florida Community College
 4316  System institution is at or above 10 percent of the 2015-2016
 4317  combined total lower-level and upper-level full-time equivalent
 4318  enrollment at that institution, the total upper-level
 4319  enrollment, as a percentage of the combined enrollment, may not
 4320  increase by more than 4 percentage points unless the institution
 4321  obtains prior legislative approval.
 4322         (b) If the 2015-2016 total upper-level, undergraduate full
 4323  time equivalent enrollment at a Florida Community College System
 4324  institution is below 10 percent of the 2015-2016 combined total
 4325  lower-level and upper-level full-time equivalent enrollment at
 4326  that institution, the total upper-level enrollment, as a
 4327  percentage of the combined enrollment, may not increase by more
 4328  than 8 percentage points unless the institution obtains prior
 4329  legislative approval.
 4330         (c) Notwithstanding enrollment provisions in paragraphs (a)
 4331  and (b), the upper-level, undergraduate full-time equivalent
 4332  enrollment at a Florida Community College System institution may
 4333  not exceed 15 percent of the combined total lower-level and
 4334  upper-level full-time equivalent enrollment at that institution.
 4335         (d) Within the 4 percent or 8 percent growth authorized
 4336  under paragraph (a) or paragraph (b), for any planned and
 4337  purposeful expansion of existing baccalaureate degree programs
 4338  or creation of a new baccalaureate program, a community college
 4339  must demonstrate satisfactory performance in fulfilling its
 4340  primary mission pursuant to s. 1004.65, executing at least one
 4341  “2+2” targeted pathway articulation agreement pursuant to s.
 4342  1007.23, and meeting or exceeding the performance standards
 4343  related to on-time completion and graduation rates under s.
 4344  1001.66 for students earning associate of arts or baccalaureate
 4345  degrees. The State Board of Community Colleges may not approve a
 4346  new baccalaureate degree program proposal for a community
 4347  college that does not meet the conditions specified in this
 4348  subsection in addition to the other requirements for approval
 4349  under this section. Each community college that offers a
 4350  baccalaureate degree must annually review each baccalaureate
 4351  degree program and annually report to the State Board of
 4352  Community Colleges, in a format prescribed by the state board,
 4353  current and projected student enrollment for such program,
 4354  justification for continuation of each baccalaureate degree
 4355  program, and a plan to comply with the upper-level enrollment
 4356  provisions of this subsection. A Florida Community College
 4357  System institution that does not comply with the requirements of
 4358  this section is subject to s. 1001.602(9) and may not report for
 4359  funding, the upper-level, undergraduate full-time equivalent
 4360  enrollment that exceeds the upper-level enrollment percent
 4361  provision of this subsection.
 4362         (7)(6) The State Board of Community Colleges Education
 4363  shall adopt rules to prescribe format and content requirements
 4364  and submission procedures for notices of interest and intent,
 4365  baccalaureate degree program proposals, objections alternative
 4366  proposals, and compliance reviews under subsection (5).
 4367         Section 63. Paragraphs (d) and (e) of subsection (1) and
 4368  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4369  Florida Statutes, are amended to read:
 4370         1008.31 Florida’s K-20 education performance accountability
 4371  system; legislative intent; mission, goals, and systemwide
 4372  measures; data quality improvements.—
 4373         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4374  that:
 4375         (d) The State Board of Education, and the Board of
 4376  Governors of the State University System, and the State Board of
 4377  Community Colleges of the Florida Community College System
 4378  recommend to the Legislature systemwide performance standards;
 4379  the Legislature establish systemwide performance measures and
 4380  standards; and the systemwide measures and standards provide
 4381  Floridians with information on what the public is receiving in
 4382  return for the funds it invests in education and how well the K
 4383  20 system educates its students.
 4384         (e)1. The State Board of Education establish performance
 4385  measures and set performance standards for individual public
 4386  schools and Florida College System institutions, with measures
 4387  and standards based primarily on student achievement.
 4388         2. The Board of Governors of the State University System
 4389  establish performance measures and set performance standards for
 4390  individual state universities, including actual completion
 4391  rates.
 4392         3. The State Board of Community Colleges establish
 4393  performance measures and set performance standards for
 4394  individual Florida Community College System institutions.
 4395         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4396  data required to implement education performance accountability
 4397  measures in state and federal law, the Commissioner of Education
 4398  shall initiate and maintain strategies to improve data quality
 4399  and timeliness. The Board of Governors shall make available to
 4400  the department all data within the State University Database
 4401  System to be integrated into the K-20 data warehouse. The
 4402  commissioner shall have unlimited access to such data for the
 4403  purposes of conducting studies, reporting annual and
 4404  longitudinal student outcomes, and improving college readiness
 4405  and articulation. All public educational institutions shall
 4406  annually provide data from the prior year to the K-20 data
 4407  warehouse in a format based on data elements identified by the
 4408  commissioner.
 4409         (a) School districts and public postsecondary educational
 4410  institutions shall maintain information systems that will
 4411  provide the State Board of Education, the Board of Governors of
 4412  the State University System, the State Board of Community
 4413  Colleges of the Florida Community College System, and the
 4414  Legislature with information and reports necessary to address
 4415  the specifications of the accountability system. The level of
 4416  comprehensiveness and quality must be no less than that which
 4417  was available as of June 30, 2001.
 4418         (c) The Commissioner of Education shall determine the
 4419  standards for the required data, monitor data quality, and
 4420  measure improvements. The commissioner shall report annually to
 4421  the State Board of Education, the Board of Governors of the
 4422  State University System, the State Board of Community Colleges
 4423  of the Florida Community College System, the President of the
 4424  Senate, and the Speaker of the House of Representatives data
 4425  quality indicators and ratings for all school districts and
 4426  public postsecondary educational institutions.
 4427         Section 64. Section 1008.32, Florida Statutes, is amended
 4428  to read:
 4429         1008.32 State Board of Education oversight enforcement
 4430  authority.—The State Board of Education shall oversee the
 4431  performance of district school boards and Florida College System
 4432  institution boards of trustees in enforcement of all laws and
 4433  rules. District school boards and Florida College System
 4434  institution boards of trustees shall be primarily responsible
 4435  for compliance with law and state board rule.
 4436         (1) In order to ensure compliance with law or state board
 4437  rule, the State Board of Education shall have the authority to
 4438  request and receive information, data, and reports from school
 4439  districts and Florida College System institutions. District
 4440  school superintendents and Florida College System institution
 4441  presidents are responsible for the accuracy of the information
 4442  and data reported to the state board.
 4443         (2) The Commissioner of Education may investigate
 4444  allegations of noncompliance with law or state board rule and
 4445  determine probable cause. The commissioner shall report
 4446  determinations of probable cause to the State Board of Education
 4447  which shall require the district school board or Florida College
 4448  System institution board of trustees to document compliance with
 4449  law or state board rule.
 4450         (3) If the district school board or Florida College System
 4451  institution board of trustees cannot satisfactorily document
 4452  compliance, the State Board of Education may order compliance
 4453  within a specified timeframe.
 4454         (4) If the State Board of Education determines that a
 4455  district school board or Florida College System institution
 4456  board of trustees is unwilling or unable to comply with law or
 4457  state board rule within the specified time, the state board
 4458  shall have the authority to initiate any of the following
 4459  actions:
 4460         (a) Report to the Legislature that the school district or
 4461  Florida College System institution is unwilling or unable to
 4462  comply with law or state board rule and recommend action to be
 4463  taken by the Legislature.
 4464         (b) Withhold the transfer of state funds, discretionary
 4465  grant funds, discretionary lottery funds, or any other funds
 4466  specified as eligible for this purpose by the Legislature until
 4467  the school district or Florida College System institution
 4468  complies with the law or state board rule.
 4469         (c) Declare the school district or Florida College System
 4470  institution ineligible for competitive grants.
 4471         (d) Require monthly or periodic reporting on the situation
 4472  related to noncompliance until it is remedied.
 4473         (5) Nothing in this section shall be construed to create a
 4474  private cause of action or create any rights for individuals or
 4475  entities in addition to those provided elsewhere in law or rule.
 4476         Section 65. Paragraphs (e) and (f) of subsection (7) of
 4477  section 1008.345, Florida Statutes, are amended to read:
 4478         1008.345 Implementation of state system of school
 4479  improvement and education accountability.—
 4480         (7) As a part of the system of educational accountability,
 4481  the Department of Education shall:
 4482         (e) Maintain a listing of college-level communication and
 4483  mathematics skills associated with successful student
 4484  performance through the baccalaureate level and submit it to the
 4485  State Board of Education, and the Board of Governors, and the
 4486  State Board of Community Colleges for approval.
 4487         (f) Perform any other functions that may be involved in
 4488  educational planning, research, and evaluation or that may be
 4489  required by the commissioner, the State Board of Education, the
 4490  State Board of Community Colleges, the Board of Governors, or
 4491  law.
 4492         Section 66. Subsections (1) and (2) of section 1008.37,
 4493  Florida Statutes, are amended to read:
 4494         1008.37 Postsecondary feedback of information to high
 4495  schools.—
 4496         (1) The Commissioner of Education shall report to the State
 4497  Board of Education, the Board of Governors, the State Board of
 4498  Community Colleges, the Legislature, and the district school
 4499  boards on the performance of each first-time-in-postsecondary
 4500  education student from each public high school in this state who
 4501  is enrolled in a public postsecondary institution or public
 4502  career center. Such reports must be based on information
 4503  databases maintained by the Department of Education. In
 4504  addition, the public postsecondary educational institutions and
 4505  career centers shall provide district school boards access to
 4506  information on student performance in regular and preparatory
 4507  courses and shall indicate students referred for remediation
 4508  pursuant to s. 1004.91 or s. 1008.30.
 4509         (2) The Commissioner of Education shall report, by high
 4510  school, to the State Board of Education, the Board of Governors,
 4511  the State Board of Community Colleges, and the Legislature, no
 4512  later than November 30 of each year, on the number of prior year
 4513  Florida high school graduates who enrolled for the first time in
 4514  public postsecondary education in this state during the previous
 4515  summer, fall, or spring term, indicating the number of students
 4516  whose scores on the common placement test indicated the need for
 4517  developmental education under s. 1008.30 or for applied
 4518  academics for adult education under s. 1004.91.
 4519         Section 67. Section 1008.38, Florida Statutes, is amended
 4520  to read:
 4521         1008.38 Articulation accountability process.—The State
 4522  Board of Education, in conjunction with the Board of Governors
 4523  and the State Board of Community Colleges, shall develop
 4524  articulation accountability measures which assess the status of
 4525  systemwide articulation processes authorized under s. 1007.23
 4526  and establish an articulation accountability process which at a
 4527  minimum shall address:
 4528         (1) The impact of articulation processes on ensuring
 4529  educational continuity and the orderly and unobstructed
 4530  transition of students between public secondary and
 4531  postsecondary education systems and facilitating the transition
 4532  of students between the public and private sectors.
 4533         (2) The adequacy of preparation of public secondary
 4534  students to smoothly articulate to a public postsecondary
 4535  institution.
 4536         (3) The effectiveness of articulated acceleration
 4537  mechanisms available to secondary students.
 4538         (4) The smooth transfer of Florida Community College System
 4539  associate degree graduates to a Florida Community College System
 4540  institution or a state university.
 4541         (5) An examination of degree requirements that exceed the
 4542  parameters of 60 credit hours for an associate degree and 120
 4543  hours for a baccalaureate degree in public postsecondary
 4544  programs.
 4545         (6) The relationship between student attainment of college
 4546  level academic skills and articulation to the upper division in
 4547  public postsecondary institutions.
 4548         Section 68. Section 1008.405, Florida Statutes, is amended
 4549  to read:
 4550         1008.405 Adult student information.—Each school district
 4551  and Florida Community College System institution shall maintain
 4552  sufficient information for each student enrolled in workforce
 4553  education to allow local and state administrators to locate such
 4554  student upon the termination of instruction and to determine the
 4555  appropriateness of student placement in specific instructional
 4556  programs. The State Board of Education and the State Board of
 4557  Community Colleges shall adopt, by rule, specific information
 4558  that must be maintained and acceptable means of maintaining that
 4559  information.
 4560         Section 69. Subsection (2) of section 1008.44, Florida
 4561  Statutes, is amended to read:
 4562         1008.44 CAPE Industry Certification Funding List and CAPE
 4563  Postsecondary Industry Certification Funding List.—
 4564         (2) The State Board of Education, for school districts, and
 4565  the State Board of Community Colleges, for Florida Community
 4566  College System institutions, shall collaborate to approve, at
 4567  least annually, the CAPE Postsecondary Industry Certification
 4568  Funding List pursuant to this section. The Commissioner of
 4569  Education and the Chancellor of the Florida Community College
 4570  System shall recommend, at least annually, the CAPE
 4571  Postsecondary Industry Certification Funding List to the State
 4572  Board of Education and the State Board of Community Colleges,
 4573  respectively, and may at any time recommend adding
 4574  certifications. The Chancellor of the State University System,
 4575  the Chancellor of the Florida Community College System, and the
 4576  Chancellor of Career and Adult Education shall work with local
 4577  workforce boards, other postsecondary institutions, businesses,
 4578  and industry to identify, create, and recommend to the
 4579  Commissioner of Education industry certifications to be placed
 4580  on the funding list. The list shall be used to determine annual
 4581  performance funding distributions to school districts or Florida
 4582  Community College System institutions as specified in ss.
 4583  1011.80 and 1011.81, respectively. The chancellors shall review
 4584  results of the economic security report of employment and
 4585  earning outcomes produced annually pursuant to s. 445.07 when
 4586  determining recommended certifications for the list, as well as
 4587  other reports and indicators available regarding certification
 4588  needs.
 4589         Section 70. Section 1008.45, Florida Statutes, is amended
 4590  to read:
 4591         1008.45 Florida Community College System institution
 4592  accountability process.—
 4593         (1) It is the intent of the Legislature that a management
 4594  and accountability process be implemented which provides for the
 4595  systematic, ongoing improvement and assessment of the
 4596  improvement of the quality and efficiency of the Florida
 4597  Community College System institutions. Accordingly, the State
 4598  Board of Community Colleges Education and the Florida Community
 4599  College System institution boards of trustees shall develop and
 4600  implement an accountability plan to improve and evaluate the
 4601  instructional and administrative efficiency and effectiveness of
 4602  the Florida Community College System. This plan shall be
 4603  designed in consultation with staff of the Governor and the
 4604  Legislature and must address the following issues:
 4605         (a) Graduation rates of A.A. and A.S. degree-seeking
 4606  students compared to first-time-enrolled students seeking the
 4607  associate degree.
 4608         (b) Minority student enrollment and retention rates.
 4609         (c) Student performance, including student performance in
 4610  college-level academic skills, mean grade point averages for
 4611  Florida Community College System institution A.A. transfer
 4612  students, and Florida Community College System institution
 4613  student performance on state licensure examinations.
 4614         (d) Job placement rates of Florida Community College System
 4615  institution career students.
 4616         (e) Student progression by admission status and program.
 4617         (f) Career accountability standards identified in s.
 4618  1008.42.
 4619         (g) Institutional assessment efforts related to the
 4620  requirements of s. III in the Criteria for Accreditation of the
 4621  Commission on Colleges of the Southern Association of Colleges
 4622  and Schools.
 4623         (h) Other measures approved by the State Board of Community
 4624  Colleges Education.
 4625         (2) The State Board of Community Colleges Education shall
 4626  submit an annual report, to coincide with the submission of the
 4627  state board’s agency strategic plan required by law, providing
 4628  the results of initiatives taken during the prior year and the
 4629  initiatives and related objective performance measures proposed
 4630  for the next year.
 4631         (3) The State Board of Community Colleges Education shall
 4632  address within the annual evaluation of the performance of the
 4633  chancellor executive director, and the Florida Community College
 4634  System institution boards of trustees shall address within the
 4635  annual evaluation of the presidents, the achievement of the
 4636  performance goals established by the accountability process.
 4637         Section 71. Section 1009.21, Florida Statutes, is amended
 4638  to read:
 4639         1009.21 Determination of resident status for tuition
 4640  purposes.—Students shall be classified as residents or
 4641  nonresidents for the purpose of assessing tuition in
 4642  postsecondary educational programs offered by charter technical
 4643  career centers or career centers operated by school districts,
 4644  in Florida Community College System institutions, and in state
 4645  universities.
 4646         (1) As used in this section, the term:
 4647         (a) “Dependent child” means any person, whether or not
 4648  living with his or her parent, who is eligible to be claimed by
 4649  his or her parent as a dependent under the federal income tax
 4650  code.
 4651         (b) “Initial enrollment” means the first day of class at an
 4652  institution of higher education.
 4653         (c) “Institution of higher education” means any charter
 4654  technical career center as defined in s. 1002.34, career center
 4655  operated by a school district as defined in s. 1001.44, Florida
 4656  Community College System institution as defined in s.
 4657  1000.21(3), or state university as defined in s. 1000.21(6).
 4658         (d) “Legal resident” or “resident” means a person who has
 4659  maintained his or her residence in this state for the preceding
 4660  year, has purchased a home which is occupied by him or her as
 4661  his or her residence, or has established a domicile in this
 4662  state pursuant to s. 222.17.
 4663         (e) “Nonresident for tuition purposes” means a person who
 4664  does not qualify for the in-state tuition rate.
 4665         (f) “Parent” means either or both parents of a student, any
 4666  guardian of a student, or any person in a parental relationship
 4667  to a student.
 4668         (g) “Resident for tuition purposes” means a person who
 4669  qualifies as provided in this section for the in-state tuition
 4670  rate.
 4671         (2)(a) To qualify as a resident for tuition purposes:
 4672         1. A person or, if that person is a dependent child, his or
 4673  her parent or parents must have established legal residence in
 4674  this state and must have maintained legal residence in this
 4675  state for at least 12 consecutive months immediately prior to
 4676  his or her initial enrollment in an institution of higher
 4677  education.
 4678         2. Every applicant for admission to an institution of
 4679  higher education shall be required to make a statement as to his
 4680  or her length of residence in the state and, further, shall
 4681  establish that his or her presence or, if the applicant is a
 4682  dependent child, the presence of his or her parent or parents in
 4683  the state currently is, and during the requisite 12-month
 4684  qualifying period was, for the purpose of maintaining a bona
 4685  fide domicile, rather than for the purpose of maintaining a mere
 4686  temporary residence or abode incident to enrollment in an
 4687  institution of higher education.
 4688         (b) However, with respect to a dependent child living with
 4689  an adult relative other than the child’s parent, such child may
 4690  qualify as a resident for tuition purposes if the adult relative
 4691  is a legal resident who has maintained legal residence in this
 4692  state for at least 12 consecutive months immediately before the
 4693  child’s initial enrollment in an institution of higher
 4694  education, provided the child has resided continuously with such
 4695  relative for the 3 years immediately before the child’s initial
 4696  enrollment in an institution of higher education, during which
 4697  time the adult relative has exercised day-to-day care,
 4698  supervision, and control of the child.
 4699         (c) The legal residence of a dependent child whose parents
 4700  are divorced, separated, or otherwise living apart will be
 4701  deemed to be this state if either parent is a legal resident of
 4702  this state, regardless of which parent is entitled to claim, and
 4703  does in fact claim, the minor as a dependent pursuant to federal
 4704  individual income tax provisions.
 4705         (d) A dependent child who is a United States citizen may
 4706  not be denied classification as a resident for tuition purposes
 4707  based solely upon the immigration status of his or her parent.
 4708         (3)(a) An individual shall not be classified as a resident
 4709  for tuition purposes and, thus, shall not be eligible to receive
 4710  the in-state tuition rate until he or she has provided such
 4711  evidence related to legal residence and its duration or, if that
 4712  individual is a dependent child, evidence of his or her parent’s
 4713  legal residence and its duration, as may be required by law and
 4714  by officials of the institution of higher education from which
 4715  he or she seeks the in-state tuition rate.
 4716         (b) Except as otherwise provided in this section, evidence
 4717  of legal residence and its duration shall include clear and
 4718  convincing documentation that residency in this state was for a
 4719  minimum of 12 consecutive months prior to a student’s initial
 4720  enrollment in an institution of higher education.
 4721         (c) Each institution of higher education shall
 4722  affirmatively determine that an applicant who has been granted
 4723  admission to that institution as a Florida resident meets the
 4724  residency requirements of this section at the time of initial
 4725  enrollment. The residency determination must be documented by
 4726  the submission of written or electronic verification that
 4727  includes two or more of the documents identified in this
 4728  paragraph. No single piece of evidence shall be conclusive.
 4729         1. The documents must include at least one of the
 4730  following:
 4731         a. A Florida voter’s registration card.
 4732         b. A Florida driver license.
 4733         c. A State of Florida identification card.
 4734         d. A Florida vehicle registration.
 4735         e. Proof of a permanent home in Florida which is occupied
 4736  as a primary residence by the individual or by the individual’s
 4737  parent if the individual is a dependent child.
 4738         f. Proof of a homestead exemption in Florida.
 4739         g. Transcripts from a Florida high school for multiple
 4740  years if the Florida high school diploma or high school
 4741  equivalency diploma was earned within the last 12 months.
 4742         h. Proof of permanent full-time employment in Florida for
 4743  at least 30 hours per week for a 12-month period.
 4744         2. The documents may include one or more of the following:
 4745         a. A declaration of domicile in Florida.
 4746         b. A Florida professional or occupational license.
 4747         c. Florida incorporation.
 4748         d. A document evidencing family ties in Florida.
 4749         e. Proof of membership in a Florida-based charitable or
 4750  professional organization.
 4751         f. Any other documentation that supports the student’s
 4752  request for resident status, including, but not limited to,
 4753  utility bills and proof of 12 consecutive months of payments; a
 4754  lease agreement and proof of 12 consecutive months of payments;
 4755  or an official state, federal, or court document evidencing
 4756  legal ties to Florida.
 4757         (4) With respect to a dependent child, the legal residence
 4758  of the dependent child’s parent or parents is prima facie
 4759  evidence of the dependent child’s legal residence, which
 4760  evidence may be reinforced or rebutted, relative to the age and
 4761  general circumstances of the dependent child, by the other
 4762  evidence of legal residence required of or presented by the
 4763  dependent child. However, the legal residence of a dependent
 4764  child’s parent or parents who are domiciled outside this state
 4765  is not prima facie evidence of the dependent child’s legal
 4766  residence if that dependent child has lived in this state for 5
 4767  consecutive years prior to enrolling or reregistering at the
 4768  institution of higher education at which resident status for
 4769  tuition purposes is sought.
 4770         (5) A person who physically resides in this state may be
 4771  classified as a resident for tuition purposes if he or she
 4772  marries a person who meets the 12-month residency requirement
 4773  under subsection (2) and who is a legal resident of this state.
 4774         (6)(a) Except as otherwise provided in this section, a
 4775  person who is classified as a nonresident for tuition purposes
 4776  may become eligible for reclassification as a resident for
 4777  tuition purposes if that person or, if that person is a
 4778  dependent child, his or her parent presents clear and convincing
 4779  documentation that supports permanent legal residency in this
 4780  state for at least 12 consecutive months rather than temporary
 4781  residency for the purpose of pursuing an education, such as
 4782  documentation of full-time permanent employment for the prior 12
 4783  months or the purchase of a home in this state and residence
 4784  therein for the prior 12 months while not enrolled in an
 4785  institution of higher education.
 4786         (b) If a person who is a dependent child and his or her
 4787  parent move to this state while such child is a high school
 4788  student and the child graduates from a high school in this
 4789  state, the child may become eligible for reclassification as a
 4790  resident for tuition purposes when the parent submits evidence
 4791  that the parent qualifies for permanent residency.
 4792         (c) If a person who is a dependent child and his or her
 4793  parent move to this state after such child graduates from high
 4794  school, the child may become eligible for reclassification as a
 4795  resident for tuition purposes after the parent submits evidence
 4796  that he or she has established legal residence in the state and
 4797  has maintained legal residence in the state for at least 12
 4798  consecutive months.
 4799         (d) A person who is classified as a nonresident for tuition
 4800  purposes and who marries a legal resident of the state or
 4801  marries a person who becomes a legal resident of the state may,
 4802  upon becoming a legal resident of the state, become eligible for
 4803  reclassification as a resident for tuition purposes upon
 4804  submitting evidence of his or her own legal residency in the
 4805  state, evidence of his or her marriage to a person who is a
 4806  legal resident of the state, and evidence of the spouse’s legal
 4807  residence in the state for at least 12 consecutive months
 4808  immediately preceding the application for reclassification.
 4809         (7) A person shall not lose his or her resident status for
 4810  tuition purposes solely by reason of serving, or, if such person
 4811  is a dependent child, by reason of his or her parent’s or
 4812  parents’ serving, in the Armed Forces outside this state.
 4813         (8) A person who has been properly classified as a resident
 4814  for tuition purposes but who, while enrolled in an institution
 4815  of higher education in this state, loses his or her resident
 4816  tuition status because the person or, if he or she is a
 4817  dependent child, the person’s parent or parents establish
 4818  domicile or legal residence elsewhere shall continue to enjoy
 4819  the in-state tuition rate for a statutory grace period, which
 4820  period shall be measured from the date on which the
 4821  circumstances arose that culminated in the loss of resident
 4822  tuition status and shall continue for 12 months. However, if the
 4823  12-month grace period ends during a semester or academic term
 4824  for which such former resident is enrolled, such grace period
 4825  shall be extended to the end of that semester or academic term.
 4826         (9) Any person who ceases to be enrolled at or who
 4827  graduates from an institution of higher education while
 4828  classified as a resident for tuition purposes and who
 4829  subsequently abandons his or her domicile in this state shall be
 4830  permitted to reenroll at an institution of higher education in
 4831  this state as a resident for tuition purposes without the
 4832  necessity of meeting the 12-month durational requirement of this
 4833  section if that person has reestablished his or her domicile in
 4834  this state within 12 months of such abandonment and continuously
 4835  maintains the reestablished domicile during the period of
 4836  enrollment. The benefit of this subsection shall not be accorded
 4837  more than once to any one person.
 4838         (10) The following persons shall be classified as residents
 4839  for tuition purposes:
 4840         (a) Active duty members of the Armed Services of the United
 4841  States residing or stationed in this state, their spouses, and
 4842  dependent children, and active drilling members of the Florida
 4843  National Guard.
 4844         (b) Active duty members of the Armed Services of the United
 4845  States and their spouses and dependents attending a Florida
 4846  Community College System institution or state university within
 4847  50 miles of the military establishment where they are stationed,
 4848  if such military establishment is within a county contiguous to
 4849  Florida.
 4850         (c) United States citizens living on the Isthmus of Panama,
 4851  who have completed 12 consecutive months of college work at the
 4852  Florida State University Panama Canal Branch, and their spouses
 4853  and dependent children.
 4854         (d) Full-time instructional and administrative personnel
 4855  employed by state public schools and institutions of higher
 4856  education and their spouses and dependent children.
 4857         (e) Students from Latin America and the Caribbean who
 4858  receive scholarships from the federal or state government. Any
 4859  student classified pursuant to this paragraph shall attend, on a
 4860  full-time basis, a Florida institution of higher education.
 4861         (f) Southern Regional Education Board’s Academic Common
 4862  Market graduate students attending Florida’s state universities.
 4863         (g) Full-time employees of state agencies or political
 4864  subdivisions of the state when the student fees are paid by the
 4865  state agency or political subdivision for the purpose of job
 4866  related law enforcement or corrections training.
 4867         (h) McKnight Doctoral Fellows and Finalists who are United
 4868  States citizens.
 4869         (i) United States citizens living outside the United States
 4870  who are teaching at a Department of Defense Dependent School or
 4871  in an American International School and who enroll in a graduate
 4872  level education program which leads to a Florida teaching
 4873  certificate.
 4874         (j) Active duty members of the Canadian military residing
 4875  or stationed in this state under the North American Air Defense
 4876  (NORAD) agreement, and their spouses and dependent children,
 4877  attending a Florida Community College System institution or
 4878  state university within 50 miles of the military establishment
 4879  where they are stationed.
 4880         (k) Active duty members of a foreign nation’s military who
 4881  are serving as liaison officers and are residing or stationed in
 4882  this state, and their spouses and dependent children, attending
 4883  a Florida Community College System institution or state
 4884  university within 50 miles of the military establishment where
 4885  the foreign liaison officer is stationed.
 4886         (11) Once a student has been classified as a resident for
 4887  tuition purposes, an institution of higher education to which
 4888  the student transfers is not required to reevaluate the
 4889  classification unless inconsistent information suggests that an
 4890  erroneous classification was made or the student’s situation has
 4891  changed. However, the student must have attended the institution
 4892  making the initial classification within the prior 12 months,
 4893  and the residency classification must be noted on the student’s
 4894  transcript. The Higher Education Coordinating Council shall
 4895  consider issues related to residency determinations and make
 4896  recommendations relating to efficiency and effectiveness of
 4897  current law.
 4898         (12) Each institution of higher education shall establish a
 4899  residency appeal committee comprised of at least three members
 4900  to consider student appeals of residency determinations, in
 4901  accordance with the institution’s official appeal process. The
 4902  residency appeal committee must render to the student the final
 4903  residency determination in writing. The institution must advise
 4904  the student of the reasons for the determination.
 4905         (13) The State Board of Education, and the Board of
 4906  Governors, and the State Board of Community Colleges shall adopt
 4907  rules to implement this section.
 4908         Section 72. Subsection (2) of section 1009.25, Florida
 4909  Statutes, is amended to read:
 4910         1009.25 Fee exemptions.—
 4911         (2) Each Florida Community College System institution is
 4912  authorized to grant student fee exemptions from all fees adopted
 4913  by the State Board of Community Colleges Education and the
 4914  Florida Community College System institution board of trustees
 4915  for up to 54 full-time equivalent students or 1 percent of the
 4916  institution’s total full-time equivalent enrollment, whichever
 4917  is greater, at each institution.
 4918         Section 73. Paragraph (b) of subsection (12), paragraphs
 4919  (c) and (d) of subsection (13), and paragraph (d) of subsection
 4920  (14) of section 1009.26, Florida Statutes, are amended, to read:
 4921         1009.26 Fee waivers.—
 4922         (12) 
 4923         (b) Tuition and fees charged to a student who qualifies for
 4924  the out-of-state fee waiver under this subsection may not exceed
 4925  the tuition and fees charged to a resident student. The waiver
 4926  is applicable for 110 percent of the required credit hours of
 4927  the degree or certificate program for which the student is
 4928  enrolled. Each state university, Florida Community College
 4929  System institution, career center operated by a school district
 4930  under s. 1001.44, and charter technical career center shall
 4931  report to the Board of Governors, the State Board of Community
 4932  Colleges, and the State Board of Education, respectively, the
 4933  number and value of all fee waivers granted annually under this
 4934  subsection. By October 1 of each year, the Board of Governors,
 4935  for the state universities; and the State Board of Community
 4936  Colleges, Education for Florida Community College System
 4937  institutions;, career centers operated by a school district
 4938  under s. 1001.44;, and charter technical career centers shall
 4939  annually report for the previous academic year the percentage of
 4940  resident and nonresident students enrolled systemwide.
 4941         (13) 
 4942         (c) Each state university, Florida Community College System
 4943  institution, career center operated by a school district under
 4944  s. 1001.44, and charter technical career center shall report to
 4945  the Board of Governors, the State Board of Community, and the
 4946  State Board of Education, respectively, the number and value of
 4947  all fee waivers granted annually under this subsection.
 4948         (d) The Board of Governors, the State Board of Community
 4949  Colleges, and the State Board of Education shall respectively
 4950  adopt regulations and rules to administer this subsection.
 4951         (14)
 4952         (d) The Board of Governors, the State Board of Community
 4953  Colleges, and the State Board of Education shall respectively
 4954  adopt regulations and rules to administer this subsection.
 4955         Section 74. Section 1009.28, Florida Statutes, is amended
 4956  to read:
 4957         1009.28 Fees for repeated enrollment in developmental
 4958  education classes.—A student enrolled in the same developmental
 4959  education class more than twice shall pay 100 percent of the
 4960  full cost of instruction to support continuous enrollment of
 4961  that student in the same class, and the student shall not be
 4962  included in calculations of full-time equivalent enrollments for
 4963  state funding purposes; however, students who withdraw or fail a
 4964  class due to extenuating circumstances may be granted an
 4965  exception only once for each class, provided approval is granted
 4966  according to policy established by the board of trustees. Each
 4967  Florida Community College System institution may review and
 4968  reduce fees paid by students due to continued enrollment in a
 4969  developmental education class on an individual basis contingent
 4970  upon the student’s financial hardship, pursuant to definitions
 4971  and fee levels established by the State Board of Community
 4972  Colleges Education.
 4973         Section 75. Subsections (9) and (12) of section 1009.90,
 4974  Florida Statutes, are amended to read:
 4975         1009.90 Duties of the Department of Education.—The duties
 4976  of the department shall include:
 4977         (9) Development and submission of a report, annually, to
 4978  the State Board of Education, the Board of Governors, the State
 4979  Board of Community Colleges, the President of the Senate, and
 4980  the Speaker of the House of Representatives, which shall
 4981  include, but not be limited to, recommendations for the
 4982  distribution of state financial aid funds.
 4983         (12) Calculation of the amount of need-based student
 4984  financial aid required to offset fee increases recommended by
 4985  the State Board of Education, and the Board of Governors, and
 4986  the State Board of Community Colleges, and inclusion of such
 4987  amount within the legislative budget request for student
 4988  assistance grant programs.
 4989         Section 76. Subsection (4) of section 1009.91, Florida
 4990  Statutes, is amended to read:
 4991         1009.91 Assistance programs and activities of the
 4992  department.—
 4993         (4) The department shall maintain records on the student
 4994  loan default rate of each Florida postsecondary institution and
 4995  report that information annually to both the institution and the
 4996  State Board of Education. Information relating to state
 4997  universities shall also be reported annually to the Board of
 4998  Governors. Information relating to Florida Community College
 4999  System institutions shall be reported annually to the State
 5000  Board of Community Colleges.
 5001         Section 77. Subsection (2) of section 1009.971, Florida
 5002  Statutes, is amended to read:
 5003         1009.971 Florida Prepaid College Board.—
 5004         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 5005  shall consist of seven members to be composed of the Attorney
 5006  General, the Chief Financial Officer, the Chancellor of the
 5007  State University System, the Chancellor of the Florida Community
 5008  College System Division of Florida Colleges, and three members
 5009  appointed by the Governor and subject to confirmation by the
 5010  Senate. Each member appointed by the Governor shall possess
 5011  knowledge, skill, and experience in the areas of accounting,
 5012  actuary, risk management, or investment management. Each member
 5013  of the board not appointed by the Governor may name a designee
 5014  to serve on the board on behalf of the member; however, any
 5015  designee so named shall meet the qualifications required of
 5016  gubernatorial appointees to the board. Members appointed by the
 5017  Governor shall serve terms of 3 years. Any person appointed to
 5018  fill a vacancy on the board shall be appointed in a like manner
 5019  and shall serve for only the unexpired term. Any member shall be
 5020  eligible for reappointment and shall serve until a successor
 5021  qualifies. Members of the board shall serve without compensation
 5022  but shall be reimbursed for per diem and travel in accordance
 5023  with s. 112.061. Each member of the board shall file a full and
 5024  public disclosure of his or her financial interests pursuant to
 5025  s. 8, Art. II of the State Constitution and corresponding
 5026  statute.
 5027         Section 78. Section 1010.01, Florida Statutes, is amended
 5028  to read:
 5029         1010.01 Uniform records and accounts.—
 5030         (1)(a) The financial records and accounts of each school
 5031  district, Florida College System institution, and other
 5032  institution or agency under the supervision of the State Board
 5033  of Education shall be prepared and maintained as prescribed by
 5034  law and rules of the State Board of Education.
 5035         (b) The financial records and accounts of each state
 5036  university under the supervision of the Board of Governors shall
 5037  be prepared and maintained as prescribed by law and rules of the
 5038  Board of Governors.
 5039         (c) The financial records and accounts of each Florida
 5040  Community College System institution under the supervision of
 5041  the State Board of Community Colleges shall be prepared and
 5042  maintained as prescribed by law and rules of the State Board of
 5043  Community Colleges.
 5044         (2) Rules of the State Board of Education, and rules of the
 5045  Board of Governors, and the State Board of Community Colleges
 5046  shall incorporate the requirements of law and accounting
 5047  principles generally accepted in the United States. Such rules
 5048  shall include a uniform classification of accounts.
 5049         (3) Each state university shall annually file with the
 5050  Board of Governors financial statements prepared in conformity
 5051  with accounting principles generally accepted by the United
 5052  States and the uniform classification of accounts prescribed by
 5053  the Board of Governors. The Board of Governors’ rules shall
 5054  prescribe the filing deadline for the financial statements.
 5055         (4) Required financial accounts and reports shall include
 5056  provisions that are unique to each of the following: K-12 school
 5057  districts, Florida Community College System institutions, and
 5058  state universities, and shall provide for the data to be
 5059  reported to the National Center of Educational Statistics and
 5060  other governmental and professional educational data information
 5061  services as appropriate.
 5062         (5) Each Florida Community College System institution shall
 5063  annually file with the State Board of Community Colleges
 5064  financial statements prepared in conformity with accounting
 5065  principles generally accepted by the United States and the
 5066  uniform classification of accounts prescribed by the State Board
 5067  of Community Colleges. The State Board of Community Colleges’
 5068  rules shall prescribe the filing deadline for the financial
 5069  statements.
 5070         Section 79. Subsection (1) of section 1010.02, Florida
 5071  Statutes, is amended, and subsection (3) is added to that
 5072  section, to read:
 5073         1010.02 Financial accounting and expenditures.—
 5074         (1) All funds accruing to a school district or a Florida
 5075  College System institution must be received, accounted for, and
 5076  expended in accordance with law and rules of the State Board of
 5077  Education.
 5078         (3) All funds accruing to a Florida Community College
 5079  System institution must be received, accounted for, and expended
 5080  in accordance with law and rules of the State Board of Community
 5081  Colleges.
 5082         Section 80. Section 1010.04, Florida Statutes, is amended
 5083  to read:
 5084         1010.04 Purchasing.—
 5085         (1)(a) Purchases and leases by school districts must and
 5086  Florida College System institutions shall comply with the
 5087  requirements of law and rules of the State Board of Education.
 5088         (b) Before purchasing nonacademic commodities and
 5089  contractual services, each district school board and Florida
 5090  Community College System institution board of trustees shall
 5091  review the purchasing agreements and state term contracts
 5092  available under s. 287.056 to determine whether it is in the
 5093  school board’s or the board of trustees’ economic advantage to
 5094  use the agreements and contracts. Each bid specification for
 5095  nonacademic commodities and contractual services must include a
 5096  statement indicating that the purchasing agreements and state
 5097  term contracts available under s. 287.056 have been reviewed.
 5098  Each district school board may also use the cooperative state
 5099  purchasing programs managed through the regional consortium
 5100  service organizations pursuant to their authority under s.
 5101  1001.451(3). This paragraph does not apply to services that are
 5102  eligible for reimbursement under the federal E-rate program
 5103  administered by the Universal Service Administrative Company.
 5104         (c) Purchases and leases by state universities must shall
 5105  comply with the requirements of law and regulations of the Board
 5106  of Governors.
 5107         (d) Purchases and leases by Florida Community College
 5108  System institutions must comply with the requirements of law and
 5109  rules of the State Board of Community Colleges.
 5110         (2) Each district school board and Florida Community
 5111  College System institution board of trustees shall adopt rules,
 5112  and each university board of trustees shall adopt regulations,
 5113  to be followed in making purchases. Purchases may be made
 5114  through an online procurement system, an electronic auction
 5115  service, or other efficient procurement tool.
 5116         (3) In districts in which the county purchasing agent is
 5117  authorized by law to make purchases for the benefit of other
 5118  governmental agencies within the county, the district school
 5119  board and Florida Community College System institution board of
 5120  trustees shall have the option to purchase from the current
 5121  county contracts at the unit price stated therein if such
 5122  purchase is to the economic advantage of the district school
 5123  board or the Florida Community College System institution board
 5124  of trustees; subject to confirmation of the items of purchase to
 5125  the standards and specifications prescribed by the school
 5126  district or Florida Community College System institution.
 5127         (4)(a) The State Board of Education may, by rule, provide
 5128  for alternative procedures for school districts and Florida
 5129  College System institutions for bidding or purchasing in cases
 5130  in which the character of the item requested renders competitive
 5131  bidding impractical.
 5132         (b) The Board of Governors may, by regulation, provide for
 5133  alternative procedures for state universities for bidding or
 5134  purchasing in cases in which the character of the item requested
 5135  renders competitive bidding impractical.
 5136         (c) The State Board of Community Colleges may, by rule,
 5137  provide for alternative procedures for Florida Community College
 5138  System institutions for bidding or purchasing in cases in which
 5139  the character of the item requested renders competitive bidding
 5140  impractical.
 5141         Section 81. Section 1010.07, Florida Statutes, is amended
 5142  to read:
 5143         1010.07 Bonds or insurance required.—
 5144         (1) Each district school board, Florida Community College
 5145  System institution board of trustees, and university board of
 5146  trustees shall ensure that each official and employee
 5147  responsible for handling, expending, or authorizing the
 5148  expenditure of funds shall be appropriately bonded or insured to
 5149  protect the board and the funds involved.
 5150         (2)(a) Contractors paid from school district or Florida
 5151  College System institution funds shall give bond for the
 5152  faithful performance of their contracts in such amount and for
 5153  such purposes as prescribed by s. 255.05 or by rules of the
 5154  State Board of Education relating to the type of contract
 5155  involved. It shall be the duty of the district school board or
 5156  Florida College System institution board of trustees to require
 5157  from construction contractors a bond adequate to protect the
 5158  board and the board’s funds involved.
 5159         (b) Contractors paid from university funds shall give bond
 5160  for the faithful performance of their contracts in such amount
 5161  and for such purposes as prescribed by s. 255.05 or by
 5162  regulations of the Board of Governors relating to the type of
 5163  contract involved. It shall be the duty of the university board
 5164  of trustees to require from construction contractors a bond
 5165  adequate to protect the board and the board’s funds involved.
 5166         (c)Contractors paid from Florida Community College System
 5167  institution funds shall give bonds for the faithful performance
 5168  of their contracts in such amount and for such purposes as
 5169  prescribed by s. 255.05 or by rules of the State Board of
 5170  Community Colleges relating to the type of contract involved. It
 5171  is the duty of the Florida Community College System institution
 5172  board of trustees to require construction contractors to provide
 5173  a bond adequate to protect the board and the board’s funds
 5174  involved.
 5175         Section 82. Section 1010.08, Florida Statutes, is amended
 5176  to read:
 5177         1010.08 Promotion and public relations; funding.—
 5178         (1) Each district school board and Florida College System
 5179  institution board of trustees may budget and use a portion of
 5180  the funds accruing to it from auxiliary enterprises and
 5181  undesignated gifts for promotion and public relations as
 5182  prescribed by rules of the State Board of Education. Such funds
 5183  may be used to provide hospitality to business guests in the
 5184  district or elsewhere. However, such hospitality expenses may
 5185  not exceed the amount authorized for such contingency funds as
 5186  prescribed by rules of the State Board of Education.
 5187         (2) Each Florida Community College System institution board
 5188  of trustees may budget and use a portion of the funds accruing
 5189  to it from auxiliary enterprises and undesignated gifts for
 5190  promotion and public relations as prescribed by rules of the
 5191  State Board of Community Colleges. Such funds may be used to
 5192  provide hospitality to business guests in the district or
 5193  elsewhere. However, such hospitality expenses may not exceed the
 5194  amount authorized for such contingency funds as prescribed by
 5195  rules of the State Board of Community Colleges.
 5196         Section 83. Subsection (1) of section 1010.09, Florida
 5197  Statutes, is amended, and subsection (3) is added to that
 5198  section, to read:
 5199         1010.09 Direct-support organizations.—
 5200         (1) School district and Florida College System institution
 5201  direct-support organizations shall be organized and conducted
 5202  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5203  the State Board of Education, as applicable.
 5204         (3) Florida Community College System institution direct
 5205  support organizations shall be organized and conducted under the
 5206  provisions of s. 1004.70 and rules of the State Board of
 5207  Community Colleges.
 5208         Section 84. Section 1010.22, Florida Statutes, is amended
 5209  to read:
 5210         1010.22 Cost accounting and reporting for workforce
 5211  education.—
 5212         (1)(a) Each school district and each Florida College System
 5213  institution shall account for expenditures of all state, local,
 5214  federal, and other funds in the manner prescribed by the State
 5215  Board of Education.
 5216         (b) Each Florida Community College System institution shall
 5217  account for expenditures of all state, local, federal, and other
 5218  funds in the manner prescribed by the State Board of Community
 5219  Colleges.
 5220         (2)(a) Each school district and each Florida College System
 5221  institution shall report expenditures for workforce education in
 5222  accordance with requirements prescribed by the State Board of
 5223  Education.
 5224         (b)Each Florida Community College System institution shall
 5225  report expenditures for workforce education in accordance with
 5226  requirements prescribed by the State Board of Community
 5227  Colleges.
 5228         (3) The Department of Education, in cooperation with school
 5229  districts and Florida Community College System institutions,
 5230  shall develop and maintain a database of valid comparable
 5231  information on workforce education which will meet both state
 5232  and local needs.
 5233         Section 85. Subsection (1) of section 1010.30, Florida
 5234  Statutes, is amended to read:
 5235         1010.30 Audits required.—
 5236         (1) School districts, Florida College System institutions,
 5237  and other institutions and agencies under the supervision of the
 5238  State Board of Education, Florida Community College System
 5239  institutions under the supervision of the State Board of
 5240  Community Colleges, and state universities under the supervision
 5241  of the Board of Governors are subject to the audit provisions of
 5242  ss. 11.45 and 218.39.
 5243         Section 86. Section 1010.58, Florida Statutes, is amended
 5244  to read:
 5245         1010.58 Procedure for determining number of instruction
 5246  units for Florida Community College System institutions.—The
 5247  number of instruction units for Florida Community College System
 5248  institutions shall be determined from the full-time equivalent
 5249  students in the Florida Community College System institution,
 5250  provided that full-time equivalent students may not be counted
 5251  more than once in determining instruction units. Instruction
 5252  units for Florida Community College System institutions shall be
 5253  computed as follows:
 5254         (1) One unit for each 12 full-time equivalent students at a
 5255  Florida Community College System institution for the first 420
 5256  students and one unit for each 15 full-time equivalent students
 5257  for all over 420 students, in other than career education
 5258  programs as defined by rules of the State Board of Community
 5259  Colleges Education, and one unit for each 10 full-time
 5260  equivalent students in career education programs and
 5261  compensatory education programs as defined by rules of the State
 5262  Board of Community Colleges Education. Full-time equivalent
 5263  students enrolled in a Florida Community College System
 5264  institution shall be defined by rules of the State Board of
 5265  Community Colleges Education.
 5266         (2) For each 8 instruction units in a Florida Community
 5267  College System institution, 1 instruction unit or proportionate
 5268  fraction of a unit shall be allowed for administrative and
 5269  special instructional services, and for each 20 instruction
 5270  units, 1 instruction unit or proportionate fraction of a unit
 5271  shall be allowed for student personnel services.
 5272         Section 87. Section 1011.01, Florida Statutes, is amended
 5273  to read:
 5274         1011.01 Budget system established.—
 5275         (1) The State Board of Education shall prepare and submit a
 5276  coordinated K-20 education annual legislative budget request to
 5277  the Governor and the Legislature on or before the date provided
 5278  by the Governor and the Legislature. The board’s legislative
 5279  budget request must clearly define the needs of school
 5280  districts, Florida Community College System institutions,
 5281  universities, other institutions, organizations, programs, and
 5282  activities under the supervision of the board and that are
 5283  assigned by law or the General Appropriations Act to the
 5284  Department of Education.
 5285         (2)(a) There is shall be established in each school
 5286  district and Florida College System institution a budget system
 5287  as prescribed by law and rules of the State Board of Education.
 5288         (b) There is shall be established in each state university
 5289  a budget system as prescribed by law and rules of the Board of
 5290  Governors.
 5291         (c) There is established in each Florida Community College
 5292  System institution a budget system as prescribed by law and
 5293  rules of the State Board of Community Colleges.
 5294         (3)(a) Each district school board and each Florida College
 5295  System institution board of trustees shall prepare, adopt, and
 5296  submit to the Commissioner of Education an annual operating
 5297  budget. Operating budgets must shall be prepared and submitted
 5298  in accordance with the provisions of law, rules of the State
 5299  Board of Education, the General Appropriations Act, and for
 5300  district school boards in accordance with the provisions of ss.
 5301  200.065 and 1011.64.
 5302         (b) Each state university board of trustees shall prepare,
 5303  adopt, and submit to the Chancellor of the State University
 5304  System for review an annual operating budget in accordance with
 5305  provisions of law, rules of the Board of Governors, and the
 5306  General Appropriations Act.
 5307         (c) Each Florida Community College System institution board
 5308  of trustees shall prepare, adopt, and submit to the State Board
 5309  of Community Colleges an annual operating budget in accordance
 5310  with provisions of law, rules of the State Board of Community
 5311  Colleges, and the General Appropriations Act.
 5312         (4) The State Board of Education shall coordinate with the
 5313  Board of Governors and the State Board of Community Colleges to
 5314  facilitate the budget system requirements of this section. The
 5315  State Board of Community College exclusively retains the review
 5316  and approval powers of this section for Florida Community
 5317  College System institutions. The Board of Governors exclusively
 5318  retains the review and approval powers of this section for state
 5319  universities.
 5320         Section 88. Section 1011.011, Florida Statutes, is amended
 5321  to read:
 5322         1011.011 Legislative capital outlay budget request.—The
 5323  State Board of Education shall submit an integrated,
 5324  comprehensive budget request for educational facilities
 5325  construction and fixed capital outlay needs for school
 5326  districts, and, in conjunction with the State Board of Community
 5327  Colleges for Florida Community College System institutions, and,
 5328  in conjunction with the Board of Governors for state,
 5329  universities, pursuant to this section and s. 1013.46 and
 5330  applicable provisions of chapter 216.
 5331         Section 89. Section 1011.30, Florida Statutes, is amended
 5332  to read:
 5333         1011.30 Budgets for Florida Community College System
 5334  institutions.—Each Florida Community College System institution
 5335  president shall recommend to the Florida Community College
 5336  System institution board of trustees a budget of income and
 5337  expenditures at such time and in such form as the State Board of
 5338  Community Colleges Education may prescribe. Upon approval of a
 5339  budget by the Florida Community College System institution board
 5340  of trustees, such budget must shall be transmitted to the State
 5341  Board of Community Colleges Department of Education for review.
 5342  Rules of the State Board of Community Colleges must Education
 5343  shall prescribe procedures for effecting budget amendments
 5344  subsequent to the final approval of a budget for a given year.
 5345         Section 90. Section 1011.32, Florida Statutes, is amended
 5346  to read:
 5347         1011.32 Florida Community College System Institution
 5348  Facility Enhancement Challenge Grant Program.—
 5349         (1) The Legislature recognizes that the Florida Community
 5350  College System institutions do not have sufficient physical
 5351  facilities to meet the current demands of their instructional
 5352  and community programs. It further recognizes that, to
 5353  strengthen and enhance Florida Community College System
 5354  institutions, it is necessary to provide facilities in addition
 5355  to those currently available from existing revenue sources. It
 5356  further recognizes that there are sources of private support
 5357  that, if matched with state support, can assist in constructing
 5358  much needed facilities and strengthen the commitment of citizens
 5359  and organizations in promoting excellence at each Florida
 5360  Community College System institution. Therefore, it is the
 5361  intent of the Legislature to establish a program to provide the
 5362  opportunity for each Florida Community College System
 5363  institution through its direct-support organization to receive
 5364  and match challenge grants for instructional and community
 5365  related capital facilities within the Florida Community College
 5366  System institution.
 5367         (2) There is established the Florida Community College
 5368  System Institution Facility Enhancement Challenge Grant Program
 5369  for the purpose of assisting the Florida Community College
 5370  System institutions in building high priority instructional and
 5371  community-related capital facilities consistent with s. 1004.65,
 5372  including common areas connecting such facilities. The direct
 5373  support organizations that serve the Florida Community College
 5374  System institutions shall solicit gifts from private sources to
 5375  provide matching funds for capital facilities. For the purposes
 5376  of this section, private sources of funds shall not include any
 5377  federal or state government funds that a Florida Community
 5378  College System institution may receive.
 5379         (3) The Florida Community College System Institution
 5380  Capital Facilities Matching Program shall provide funds to match
 5381  private contributions for the development of high priority
 5382  instructional and community-related capital facilities,
 5383  including common areas connecting such facilities, within the
 5384  Florida Community College System institutions.
 5385         (4) Within the direct-support organization of each Florida
 5386  Community College System institution there must be established a
 5387  separate capital facilities matching account for the purpose of
 5388  providing matching funds from the direct-support organization’s
 5389  unrestricted donations or other private contributions for the
 5390  development of high priority instructional and community-related
 5391  capital facilities, including common areas connecting such
 5392  facilities. The Legislature shall appropriate funds for
 5393  distribution to a Florida Community College System institution
 5394  after matching funds are certified by the direct-support
 5395  organization and Florida Community College System institution.
 5396  The Public Education Capital Outlay and Debt Service Trust Fund
 5397  shall not be used as the source of the state match for private
 5398  contributions.
 5399         (5) A project may not be initiated unless all private funds
 5400  for planning, construction, and equipping the facility have been
 5401  received and deposited in the direct-support organization’s
 5402  matching account for this purpose. However, this requirement
 5403  does not preclude the Florida Community College System
 5404  institution or direct-support organization from expending
 5405  available funds from private sources to develop a prospectus,
 5406  including preliminary architectural schematics or models, for
 5407  use in its efforts to raise private funds for a facility and for
 5408  site preparation, planning, and construction. The Legislature
 5409  may appropriate the state’s matching funds in one or more fiscal
 5410  years for the planning, construction, and equipping of an
 5411  eligible facility. Each Florida Community College System
 5412  institution shall notify all donors of private funds of a
 5413  substantial delay in the availability of state matching funds
 5414  for this program.
 5415         (6) To be eligible to participate in the Florida Community
 5416  College System Institution Facility Enhancement Challenge Grant
 5417  Program, a Florida Community College System institution, through
 5418  its direct-support organization, shall raise a contribution
 5419  equal to one-half of the total cost of a facilities construction
 5420  project from private sources which shall be matched by a state
 5421  appropriation equal to the amount raised for a facilities
 5422  construction project, subject to the General Appropriations Act.
 5423         (7) If the state’s share of the required match is
 5424  insufficient to meet the requirements of subsection (6), the
 5425  Florida Community College System institution shall renegotiate
 5426  the terms of the contribution with the donors. If the project is
 5427  terminated, each private donation, plus accrued interest,
 5428  reverts to the direct-support organization for remittance to the
 5429  donor.
 5430         (8) By October 15 of each year, the State Board of
 5431  Community Colleges Education shall transmit to the Governor and
 5432  the Legislature a list of projects that meet all eligibility
 5433  requirements to participate in the Florida Community College
 5434  System Institution Facility Enhancement Challenge Grant Program
 5435  and a budget request that includes the recommended schedule
 5436  necessary to complete each project.
 5437         (9) In order for a project to be eligible under this
 5438  program, it must be survey recommended under the provisions of
 5439  s. 1013.31 and included in the Florida Community College System
 5440  institution’s 5-year capital improvement plan, and it must
 5441  receive approval from the State Board of Community Colleges
 5442  Education or the Legislature.
 5443         (10) A Florida Community College System institution project
 5444  may not be removed from the approved 3-year PECO priority list
 5445  because of its successful participation in this program until
 5446  approved by the Legislature and provided for in the General
 5447  Appropriations Act. When such a project is completed and removed
 5448  from the list, all other projects shall move up on the 3-year
 5449  PECO priority list.
 5450         (11) Any private matching funds for a project which are
 5451  unexpended after the project is completed shall revert to the
 5452  Florida Community College System institution’s direct-support
 5453  organization capital facilities matching account. The balance of
 5454  any unexpended state matching funds shall be returned to the
 5455  fund from which those funds were appropriated.
 5456         (12) The surveys, architectural plans, facility, and
 5457  equipment shall be the property of the participating Florida
 5458  Community College System institution. A facility constructed
 5459  under this section may be named in honor of a donor at the
 5460  option of the Florida Community College System institution
 5461  district board of trustees. A facility may not be named after a
 5462  living person without prior approval by the State Board of
 5463  Community Colleges Education.
 5464         (13) Effective July 1, 2011, state matching funds are
 5465  temporarily suspended for donations received for the program on
 5466  or after June 30, 2011. Existing eligible donations remain
 5467  eligible for future matching funds. The program may be restarted
 5468  after $200 million of the backlog for programs under this
 5469  section and ss. 1011.85, 1011.94, and 1013.79 have been matched.
 5470         Section 91. Subsection (2), paragraph (b) of subsection
 5471  (5), and subsections (8), (9), and (11) of section 1011.80,
 5472  Florida Statutes, are amended to read:
 5473         1011.80 Funds for operation of workforce education
 5474  programs.—
 5475         (2) Any workforce education program may be conducted by a
 5476  Florida Community College System institution or a school
 5477  district, except that college credit in an associate in applied
 5478  science or an associate in science degree may be awarded only by
 5479  a Florida Community College System institution. However, if an
 5480  associate in applied science or an associate in science degree
 5481  program contains within it an occupational completion point that
 5482  confers a certificate or an applied technology diploma, that
 5483  portion of the program may be conducted by a school district
 5484  career center. Any instruction designed to articulate to a
 5485  degree program is subject to guidelines and standards adopted by
 5486  the State Board of Community Colleges Education pursuant to s.
 5487  1007.25.
 5488         (5) State funding and student fees for workforce education
 5489  instruction shall be established as follows:
 5490         (b) For all other workforce education programs, state
 5491  funding shall equal 75 percent of the average cost of
 5492  instruction with the remaining 25 percent made up from student
 5493  fees. Fees for courses within a program shall not vary according
 5494  to the cost of the individual program, but instead shall be
 5495  based on a uniform fee calculated and set at the state level, as
 5496  adopted by the State Board of Education, for school districts
 5497  and the State Board of Community Colleges, for Florida Community
 5498  College System institutions, unless otherwise specified in the
 5499  General Appropriations Act.
 5500         (8) The State Board of Education, the State Board of
 5501  Community Colleges, and CareerSource Florida, Inc., shall
 5502  provide the Legislature with recommended formulas, criteria,
 5503  timeframes, and mechanisms for distributing performance funds.
 5504  The commissioner shall consolidate the recommendations and
 5505  develop a consensus proposal for funding. The Legislature shall
 5506  adopt a formula and distribute the performance funds to the
 5507  State Board of Community Colleges Education for Florida
 5508  Community College System institutions and to the State Board of
 5509  Education for school districts through the General
 5510  Appropriations Act. These recommendations shall be based on
 5511  formulas that would discourage low-performing or low-demand
 5512  programs and encourage through performance-funding awards:
 5513         (a) Programs that prepare people to enter high-wage
 5514  occupations identified by the Workforce Estimating Conference
 5515  created by s. 216.136 and other programs as approved by
 5516  CareerSource Florida, Inc. At a minimum, performance incentives
 5517  shall be calculated for adults who reach completion points or
 5518  complete programs that lead to specified high-wage employment
 5519  and to their placement in that employment.
 5520         (b) Programs that successfully prepare adults who are
 5521  eligible for public assistance, economically disadvantaged,
 5522  disabled, not proficient in English, or dislocated workers for
 5523  high-wage occupations. At a minimum, performance incentives
 5524  shall be calculated at an enhanced value for the completion of
 5525  adults identified in this paragraph and job placement of such
 5526  adults upon completion. In addition, adjustments may be made in
 5527  payments for job placements for areas of high unemployment.
 5528         (c) Programs that are specifically designed to be
 5529  consistent with the workforce needs of private enterprise and
 5530  regional economic development strategies, as defined in
 5531  guidelines set by CareerSource Florida, Inc. CareerSource
 5532  Florida, Inc., shall develop guidelines to identify such needs
 5533  and strategies based on localized research of private employers
 5534  and economic development practitioners.
 5535         (d) Programs identified by CareerSource Florida, Inc., as
 5536  increasing the effectiveness and cost efficiency of education.
 5537         (9) School districts shall report full-time equivalent
 5538  students by discipline category for the programs specified in
 5539  subsection (1). There shall be an annual cost analysis for the
 5540  school district workforce education programs that reports cost
 5541  by discipline category consistent with the reporting for full
 5542  time equivalent students. The annual financial reports submitted
 5543  by the school districts must accurately report on the student
 5544  fee revenues by fee type according to the programs specified in
 5545  subsection (1). The Department of Education and the State Board
 5546  of Community Colleges shall develop a plan for comparable
 5547  reporting of program, student, facility, personnel, and
 5548  financial data between the Florida Community College System
 5549  institutions and the school district workforce education
 5550  programs.
 5551         (11) The State Board of Education and the State Board of
 5552  Community Colleges may adopt rules to administer this section.
 5553         Section 92. Section 1011.801, Florida Statutes, is amended
 5554  to read:
 5555         1011.801 Workforce Development Capitalization Incentive
 5556  Grant Program.—The Legislature recognizes that the need for
 5557  school districts and Florida Community College System
 5558  institutions to be able to respond to emerging local or
 5559  statewide economic development needs is critical to the
 5560  workforce development system. The Workforce Development
 5561  Capitalization Incentive Grant Program is created to provide
 5562  grants to school districts and Florida Community College System
 5563  institutions on a competitive basis to fund some or all of the
 5564  costs associated with the creation or expansion of workforce
 5565  development programs that serve specific employment workforce
 5566  needs.
 5567         (1) Funds awarded for a workforce development
 5568  capitalization incentive grant may be used for instructional
 5569  equipment, laboratory equipment, supplies, personnel, student
 5570  services, or other expenses associated with the creation or
 5571  expansion of a workforce development program. Expansion of a
 5572  program may include either the expansion of enrollments in a
 5573  program or expansion into new areas of specialization within a
 5574  program. No grant funds may be used for recurring instructional
 5575  costs or for institutions’ indirect costs.
 5576         (2) The State Board of Education shall accept applications
 5577  from school districts, and the State Board of Community Colleges
 5578  shall accept applications from or Florida Community College
 5579  System institutions, for workforce development capitalization
 5580  incentive grants. Applications from school districts or Florida
 5581  Community College System institutions must shall contain
 5582  projected enrollments and projected costs for the new or
 5583  expanded workforce development program. The State Board of
 5584  Education or the State Board of Community Colleges, as
 5585  appropriate, in consultation with CareerSource Florida, Inc.,
 5586  shall review and rank each application for a grant according to
 5587  subsection (3) and shall submit to the Legislature a list in
 5588  priority order of applications recommended for a grant award.
 5589         (3) The State Board of Education or the State Board of
 5590  Community Colleges, as appropriate, shall give highest priority
 5591  to programs that train people to enter high-skill, high-wage
 5592  occupations identified by the Workforce Estimating Conference
 5593  and other programs approved by CareerSource Florida, Inc.;
 5594  programs that train people to enter occupations under the
 5595  welfare transition program; or programs that train for the
 5596  workforce adults who are eligible for public assistance,
 5597  economically disadvantaged, disabled, not proficient in English,
 5598  or dislocated workers. The State Board of Education or the State
 5599  Board of Community Colleges, as appropriate, shall consider the
 5600  statewide geographic dispersion of grant funds in ranking the
 5601  applications and shall give priority to applications from
 5602  education agencies that are making maximum use of their
 5603  workforce development funding by offering high-performing, high
 5604  demand programs.
 5605         Section 93. Section 1011.81, Florida Statutes, is amended
 5606  to read:
 5607         1011.81 Florida Community College System Program Fund.—
 5608         (1) There is established a Florida Community College System
 5609  Program Fund. This fund shall comprise all appropriations made
 5610  by the Legislature for the support of the current operating
 5611  program and shall be apportioned and distributed to the Florida
 5612  Community College System institution districts of the state on
 5613  the basis of procedures established by law and rules of the
 5614  State Board of Education. The annual apportionment for each
 5615  Florida Community College System institution district shall be
 5616  distributed monthly in payments as nearly equal as possible.
 5617         (2) Performance funding for industry certifications for
 5618  Florida Community College System institutions is contingent upon
 5619  specific appropriation in the General Appropriations Act and
 5620  shall be determined as follows:
 5621         (a) Occupational areas for which industry certifications
 5622  may be earned, as established in the General Appropriations Act,
 5623  are eligible for performance funding. Priority shall be given to
 5624  the occupational areas emphasized in state, national, or
 5625  corporate grants provided to Florida educational institutions.
 5626         (b) The Chancellor of the Florida Community College System,
 5627  for the Florida Community College System institutions, shall
 5628  identify the industry certifications eligible for funding on the
 5629  CAPE Postsecondary Industry Certification Funding List approved
 5630  by the State Board of Community Colleges Education pursuant to
 5631  s. 1008.44, based on the occupational areas specified in the
 5632  General Appropriations Act.
 5633         (c) Each Florida Community College System institution shall
 5634  be provided $1,000 for each industry certification earned by a
 5635  student. The maximum amount of funding appropriated for
 5636  performance funding pursuant to this subsection shall be limited
 5637  to $15 million annually. If funds are insufficient to fully fund
 5638  the calculated total award, such funds shall be prorated.
 5639         (3) None of the funds made available in the Florida
 5640  Community College System Program Fund, or funds made available
 5641  to Florida Community College System institutions outside the
 5642  Florida Community College System Program Fund, may be used to
 5643  implement, organize, direct, coordinate, or administer, or to
 5644  support the implementation, organization, direction,
 5645  coordination, or administration of, activities related to, or
 5646  involving, travel to a terrorist state. For purposes of this
 5647  section, “terrorist state” is defined as any state, country, or
 5648  nation designated by the United States Department of State as a
 5649  state sponsor of terrorism.
 5650         (4) State funds provided for the Florida Community College
 5651  System Program Fund may not be expended for the education of
 5652  state or federal inmates.
 5653         Section 94. Section 1011.82, Florida Statutes, is amended
 5654  to read:
 5655         1011.82 Requirements for participation in Florida Community
 5656  College System Program Fund.—Each Florida Community College
 5657  System institution district which participates in the state
 5658  appropriations for the Florida Community College System Program
 5659  Fund shall provide evidence of its effort to maintain an
 5660  adequate Florida Community College System institution program
 5661  which shall:
 5662         (1) Meet the minimum standards prescribed by the State
 5663  Board of Community Colleges Education in accordance with s.
 5664  1001.602(5) s. 1001.02(6).
 5665         (2) Effectively fulfill the mission of the Florida
 5666  Community College System institutions in accordance with s.
 5667  1004.65.
 5668         Section 95. Section 1011.83, Florida Statutes, is amended
 5669  to read:
 5670         1011.83 Financial support of Florida Community College
 5671  System institutions.—
 5672         (1) Each Florida Community College System institution that
 5673  has been approved by the Department of Education and meets the
 5674  requirements of law and rules of the State Board of Community
 5675  Colleges Education shall participate in the Florida Community
 5676  College System Program Fund. However, funds to support workforce
 5677  education programs conducted by Florida Community College System
 5678  institutions shall be provided pursuant to s. 1011.80.
 5679         (2) A student in a baccalaureate degree program approved
 5680  pursuant to s. 1007.33 who is not classified as a resident for
 5681  tuition purposes pursuant to s. 1009.21 may not be included in
 5682  calculations of full-time equivalent enrollments for state
 5683  funding purposes.
 5684         Section 96. Section 1011.84, Florida Statutes, is amended
 5685  to read:
 5686         1011.84 Procedure for determining state financial support
 5687  and annual apportionment of state funds to each Florida
 5688  Community College System institution district.—The procedure for
 5689  determining state financial support and the annual apportionment
 5690  to each Florida Community College System institution district
 5691  authorized to operate a Florida Community College System
 5692  institution under the provisions of s. 1001.61 shall be as
 5693  follows:
 5694         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 5695  COMMUNITY COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING
 5696  PROGRAM.—
 5697         (a) The State Board of Community Colleges Department of
 5698  Education shall determine annually, from an analysis of
 5699  operating costs, prepared in the manner prescribed by rules of
 5700  the State Board of Education, the costs per full-time equivalent
 5701  student served in courses and fields of study offered in Florida
 5702  Community College System institutions. This information and
 5703  current college operating budgets shall be submitted to the
 5704  Executive Office of the Governor with the legislative budget
 5705  request prior to each regular session of the Legislature.
 5706         (b) The allocation of funds for Florida Community College
 5707  System institutions must shall be based on advanced and
 5708  professional disciplines, developmental education, and other
 5709  programs for adults funded pursuant to s. 1011.80.
 5710         (c) The category of lifelong learning is for students
 5711  enrolled pursuant to s. 1004.93. A student shall also be
 5712  reported as a lifelong learning student for his or her
 5713  enrollment in any course that he or she has previously taken,
 5714  unless it is a credit course in which the student earned a grade
 5715  of D or F.
 5716         (d) If an adult student has been determined to be a
 5717  disabled student eligible for an approved educational program
 5718  for disabled adults provided pursuant to s. 1004.93 and rules of
 5719  the State Board of Community Colleges Education and is enrolled
 5720  in a class with curriculum frameworks developed for the program,
 5721  state funding for that student shall be provided at a level
 5722  double that of a student enrolled in a special adult general
 5723  education program provided by a Florida Community College System
 5724  institution.
 5725         (e) All state inmate education provided by Florida
 5726  Community College System institutions shall be reported by
 5727  program, FTE expenditure, and revenue source. These enrollments,
 5728  expenditures, and revenues shall be reported and projected
 5729  separately. Instruction of state inmates may shall not be
 5730  included in the full-time equivalent student enrollment for
 5731  funding through the Florida Community College System Program
 5732  Fund.
 5733         (f) When a public educational institution has been fully
 5734  funded by an external agency for direct instructional costs of
 5735  any course or program, the FTE generated may shall not be
 5736  reported for state funding.
 5737         (g) The State Board of Education shall adopt rules to
 5738  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 5739  These rules shall provide for the use of the funds available
 5740  under s. 9(d)(8)f., Art. XII by an individual Florida Community
 5741  College System institution for operating expense in any fiscal
 5742  year during which the State Board of Education has determined
 5743  that all major capital outlay needs have been met. Highest
 5744  priority for the use of these funds for purposes other than
 5745  financing approved capital outlay projects shall be for the
 5746  proper maintenance and repair of existing facilities for
 5747  projects approved by the State Board of Education. However, in
 5748  any fiscal year in which funds from this source are authorized
 5749  for operating expense other than approved maintenance and repair
 5750  projects, the allocation of Florida Community College System
 5751  institution program funds shall be reduced by an amount equal to
 5752  the sum used for such operating expense for that Florida
 5753  Community College System institution that year, and that amount
 5754  shall not be released or allocated among the other Florida
 5755  Community College System institutions that year.
 5756         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 5757  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 5758  and debt service shall be as determined and provided in s. 18,
 5759  Art. XII of the State Constitution of 1885, as adopted by s.
 5760  9(d), Art. XII of the 1968 revised State Constitution and State
 5761  Board of Education rules.
 5762         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 5763         (a) By December 15 of each year, the State Board of
 5764  Community Colleges Department of Education shall estimate the
 5765  annual enrollment of each Florida Community College System
 5766  institution for the current fiscal year and for the 3 subsequent
 5767  fiscal years. These estimates shall be based upon prior years’
 5768  enrollments, upon the initial fall term enrollments for the
 5769  current fiscal year for each college, and upon each college’s
 5770  estimated current enrollment and demographic changes in the
 5771  respective Florida Community College System institution
 5772  districts. Upper-division enrollment shall be estimated
 5773  separately from lower-division enrollment.
 5774         (b) The apportionment to each Florida Community College
 5775  System institution from the Florida Community College System
 5776  Program Fund shall be determined annually in the General
 5777  Appropriations Act. In determining each college’s apportionment,
 5778  the Legislature shall consider the following components:
 5779         1. Base budget, which includes the state appropriation to
 5780  the Florida Community College System Program Fund in the current
 5781  year plus the related student tuition and out-of-state fees
 5782  assigned in the current General Appropriations Act.
 5783         2. The cost-to-continue allocation, which consists of
 5784  incremental changes to the base budget, including salaries,
 5785  price levels, and other related costs allocated through a
 5786  funding model approved by the Legislature which may recognize
 5787  differing economic factors arising from the individual
 5788  educational approaches of the various Florida Community College
 5789  System institutions, including, but not limited to:
 5790         a. Direct Instructional Funding, including class size,
 5791  faculty productivity factors, average faculty salary, ratio of
 5792  full-time to part-time faculty, costs of programs, and
 5793  enrollment factors.
 5794         b. Academic Support, including small colleges factor,
 5795  multicampus factor, and enrollment factor.
 5796         c. Student Services Support, including headcount of
 5797  students as well as FTE count and enrollment factors.
 5798         d. Library Support, including volume and other
 5799  materials/audiovisual requirements.
 5800         e. Special Projects.
 5801         f. Operations and Maintenance of Plant, including square
 5802  footage and utilization factors.
 5803         g. District Cost Differential.
 5804         3. Students enrolled in a recreation and leisure program
 5805  and students enrolled in a lifelong learning program who may not
 5806  be counted as full-time equivalent enrollments for purposes of
 5807  enrollment workload adjustments.
 5808         4. Operating costs of new facilities adjustments, which
 5809  shall be provided, from funds available, for each new facility
 5810  that is owned by the college and is recommended in accordance
 5811  with s. 1013.31.
 5812         5. New and improved program enhancements, which shall be
 5813  determined by the Legislature.
 5814  
 5815  Student fees in the base budget plus student fee revenues
 5816  generated by increases in fee rates shall be deducted from the
 5817  sum of the components determined in subparagraphs 1.-5. The
 5818  amount remaining shall be the net annual state apportionment to
 5819  each college.
 5820         (c) A No Florida Community College System institution may
 5821  not shall commit funds for the employment of personnel or
 5822  resources in excess of those required to continue the same level
 5823  of support for either the previously approved enrollment or the
 5824  revised enrollment, whichever is lower.
 5825         (d) The apportionment to each Florida Community College
 5826  System institution district for capital outlay and debt service
 5827  shall be the amount determined in accordance with subsection
 5828  (2). This amount, less any amount determined as necessary for
 5829  administrative expense by the State Board of Education and any
 5830  amount necessary for debt service on bonds issued by the State
 5831  Board of Education, shall be transmitted to the Florida
 5832  Community College System institution board of trustees to be
 5833  expended in a manner prescribed by rules of the State Board of
 5834  Education.
 5835         (e) If at any time the unencumbered balance in the general
 5836  fund of the Florida Community College System institution board
 5837  of trustees approved operating budget goes below 5 percent, the
 5838  president shall provide written notification to the State Board
 5839  of Education.
 5840         (f) Expenditures for apprenticeship programs must shall be
 5841  reported separately.
 5842         (g) Expenditures for upper-division enrollment in a Florida
 5843  Community College System institution that grants baccalaureate
 5844  degrees must shall be reported separately from expenditures for
 5845  lower-division enrollment, in accordance with law and State
 5846  Board of Education rule.
 5847         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 5848  herein to any Florida Community College System institution must
 5849  shall be expended only for the purpose of supporting that
 5850  Florida Community College System institution.
 5851         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida
 5852  Community College System institution board of trustees shall
 5853  report, as a separate item in its annual cost accounting system,
 5854  the volume and cost of developmental education options provided
 5855  to help students attain the communication and computation skills
 5856  that are essential for college-level work pursuant to s.
 5857  1008.30.
 5858         Section 97. Section 1011.85, Florida Statutes, is amended
 5859  to read:
 5860         1011.85 Dr. Philip Benjamin Matching Grant Program for
 5861  Florida Community College System Institutions.—
 5862         (1) There is created the Dr. Philip Benjamin Matching Grant
 5863  Program for Florida Community College System Institutions as a
 5864  single matching gifts program that encompasses the goals
 5865  originally set out in the Academic Improvement Program, the
 5866  Scholarship Matching Program, and the Health Care Education
 5867  Quality Enhancement Challenge Grant. The program shall be
 5868  administered according to rules of the State Board of Community
 5869  Colleges Education and used to encourage private support in
 5870  enhancing Florida Community College System institutions by
 5871  providing the Florida Community College System with the
 5872  opportunity to receive and match challenge grants. Funds
 5873  received prior to the effective date of this act for each of the
 5874  three programs shall be retained in the separate account for
 5875  which it was designated.
 5876         (2) Each Florida Community College System institution board
 5877  of trustees receiving state appropriations under this program
 5878  shall approve each gift to ensure alignment with the unique
 5879  mission of the Florida Community College System institution. The
 5880  board of trustees must link all requests for a state match to
 5881  the goals and mission statement. The Florida Community College
 5882  System Institution Foundation Board receiving state
 5883  appropriations under this program shall approve each gift to
 5884  ensure alignment with its goals and mission statement. Funds
 5885  received from community events and festivals are not eligible
 5886  for state matching funds under this program.
 5887         (3) Upon approval by the Florida Community College System
 5888  institution board of trustees and the State Board of Community
 5889  Colleges Education, the ordering of donations for priority
 5890  listing of unmatched gifts should be determined by the
 5891  submitting Florida Community College System institution.
 5892         (4) Each year, eligible contributions received by a Florida
 5893  Community College System institution’s foundation or the State
 5894  Board of Community Colleges Education by February 1 shall be
 5895  eligible for state matching funds.
 5896         (a) Each Florida Community College System institution board
 5897  of trustees and, when applicable, the Florida Community College
 5898  System Institution Foundation Board, receiving state
 5899  appropriations under this program shall also certify in an
 5900  annual report to the State Board of Community Colleges Education
 5901  the receipt of eligible cash contributions that were previously
 5902  unmatched by the state. The State Board of Education shall adopt
 5903  rules providing all Florida Community College System
 5904  institutions with an opportunity to apply for excess funds
 5905  before the awarding of such funds.
 5906         (b) Florida Community College System institutions must
 5907  submit to the State Board of Community Colleges Education an
 5908  annual expenditure report tracking the use of all matching
 5909  funds.
 5910         (c) The audit of each foundation receiving state funds from
 5911  this program must include a certification of accuracy in the
 5912  amount reported for matching funds.
 5913         (5) The matching ratio for donations that are specifically
 5914  designated to support scholarships, including scholarships for
 5915  first-generation-in-college students, student loans, or need
 5916  based grants shall be $1 of state funds to $1 of local private
 5917  funds.
 5918         (6) Otherwise, funds must shall be proportionately
 5919  allocated to the Florida Community College System institutions
 5920  on the basis of matching each $6 of local or private funds with
 5921  $4 of state funds. To be eligible, a minimum of $4,500 must be
 5922  raised from private sources.
 5923         (7) The Florida Community College System institution board
 5924  of trustees, in conjunction with the donor, shall determine make
 5925  the determination of whether scholarships established pursuant
 5926  to this program are endowed.
 5927         (8)(a) Funds sufficient to provide the match shall be
 5928  transferred from the state appropriations to the local Florida
 5929  Community College System institution foundation or the statewide
 5930  Florida Community College System institution foundation upon
 5931  notification that a proportionate amount has been received and
 5932  deposited by a Florida Community College System institution in
 5933  its own trust fund.
 5934         (b) If state funds appropriated for the program are
 5935  insufficient to match contributions, the amount allocated must
 5936  shall be reduced in proportion to its share of the total
 5937  eligible contributions. However, in making proportional
 5938  reductions, every Florida Community College System institution
 5939  shall receive a minimum of $75,000 in state matching funds if
 5940  its eligible contributions would have generated an amount at
 5941  least equal to $75,000. All unmet contributions must shall be
 5942  eligible for state matching funds in subsequent fiscal years.
 5943         (9) Each Florida Community College System institution
 5944  entity shall establish its own matching grant program fund as a
 5945  depository for the private contributions and matching state
 5946  funds provided under this section. Florida Community College
 5947  System institution foundations are responsible for the
 5948  maintenance, investment, and administration of their matching
 5949  grant program funds.
 5950         (10) The State Board of Community Colleges Education may
 5951  receive submissions of requests for matching funds and
 5952  documentation relating to those requests, may approve requests
 5953  for matching funds, and may allocate such funds to the Florida
 5954  Community College System institutions.
 5955         (11) The board of trustees of the Florida Community College
 5956  System institution and the State Board of Community Colleges
 5957  Education are responsible for determining the uses for the
 5958  proceeds of their respective trust funds. Such use of the
 5959  proceeds shall include, but not be limited to, expenditure of
 5960  the funds for:
 5961         (a) Scientific and technical equipment.
 5962         (b) Scholarships, loans, or need-based grants.
 5963         (c) Other activities that will benefit future students as
 5964  well as students currently enrolled at the Florida Community
 5965  College System institution, will improve the quality of
 5966  education at the Florida Community College System institution,
 5967  or will enhance economic development in the community.
 5968         (12) Each Florida Community College System institution
 5969  shall notify all donors of private funds of a substantial delay
 5970  in the availability of state matching funds for this program.
 5971         (13) Effective July 1, 2011, state matching funds are
 5972  temporarily suspended for donations received for this program on
 5973  or after June 30, 2011. Existing eligible donations remain
 5974  eligible for future matching funds. The program may be restarted
 5975  after $200 million of the backlog for programs under this
 5976  section and ss. 1011.32, 1011.94, and 1013.79 have been matched.
 5977         Section 98. Subsection (1) of section 1012.01, Florida
 5978  Statutes, is amended to read:
 5979         1012.01 Definitions.—As used in this chapter, the following
 5980  terms have the following meanings:
 5981         (1) SCHOOL OFFICERS.—The officers of the state system of
 5982  public K-12 and Florida College System institution education
 5983  shall be the Commissioner of Education and the members of the
 5984  State Board of Education; for the Florida Community College
 5985  System, the officers shall be the Chancellor of the Florida
 5986  Community College System and the members of the State Board of
 5987  Community Colleges; for each district school system, the
 5988  officers shall be the district school superintendent and members
 5989  of the district school board; and for each Florida Community
 5990  College System institution, the officers shall be the Florida
 5991  Community College System institution president and members of
 5992  the Florida Community College System institution board of
 5993  trustees.
 5994         Section 99. Paragraph (a) of subsection (1) of section
 5995  1012.80, Florida Statutes, is amended to read:
 5996         1012.80 Participation by employees in disruptive activities
 5997  at public postsecondary educational institutions; penalties.—
 5998         (1)(a) Any person who accepts the privilege extended by the
 5999  laws of this state of employment at any Florida Community
 6000  College System institution shall, by working at such
 6001  institution, be deemed to have given his or her consent to the
 6002  policies of that institution, the policies of the State Board of
 6003  Community Colleges Education, and the laws of this state. Such
 6004  policies shall include prohibition against disruptive activities
 6005  at Florida Community College System institutions.
 6006         Section 100. Subsection (1) of section 1012.81, Florida
 6007  Statutes, is amended to read:
 6008         1012.81 Personnel records.—
 6009         (1) The State Board of Community Colleges Education shall
 6010  adopt rules prescribing the content and custody of limited
 6011  access records that a Florida Community College System
 6012  institution may maintain on its employees. Limited-access
 6013  employee records are confidential and exempt from the provisions
 6014  of s. 119.07(1). Limited-access records include only the
 6015  following:
 6016         (a) Records containing information reflecting academic
 6017  evaluations of employee performance; however, the employee and
 6018  officials of the institution responsible for supervision of the
 6019  employee shall have access to such records.
 6020         (b) Records maintained for the purposes of any
 6021  investigation of employee misconduct, including, but not limited
 6022  to, a complaint against an employee and all information obtained
 6023  pursuant to the investigation of such complaint; however, these
 6024  records become public after the investigation ceases to be
 6025  active or when the institution provides written notice to the
 6026  employee who is the subject of the complaint that the
 6027  institution has either:
 6028         1. Concluded the investigation with a finding not to
 6029  proceed with disciplinary action;
 6030         2. Concluded the investigation with a finding to proceed
 6031  with disciplinary action; or
 6032         3. Issued a letter of discipline.
 6033  
 6034  For the purpose of this paragraph, an investigation shall be
 6035  considered active as long as it is continuing with a reasonable,
 6036  good faith anticipation that a finding will be made in the
 6037  foreseeable future. An investigation shall be presumed to be
 6038  inactive if no finding is made within 90 days after the
 6039  complaint is filed.
 6040         (c) Records maintained for the purposes of any disciplinary
 6041  proceeding brought against an employee; however, these records
 6042  shall be open to inspection by the employee and shall become
 6043  public after a final decision is made in the proceeding.
 6044         (d) Records maintained for the purposes of any grievance
 6045  proceeding brought by an employee for enforcement of a
 6046  collective bargaining agreement or contract; however, these
 6047  records shall be open to inspection by the employee and by
 6048  officials of the institution conducting the grievance proceeding
 6049  and shall become public after a final decision is made in the
 6050  proceeding.
 6051         Section 101. Subsection (1) of section 1012.83, Florida
 6052  Statutes, is amended to read:
 6053         1012.83 Contracts with administrative and instructional
 6054  staff.—
 6055         (1) Each person employed in an administrative or
 6056  instructional capacity in a Florida Community College System
 6057  institution shall be entitled to a contract as provided by rules
 6058  of the State Board of Community Colleges Education.
 6059         Section 102. Section 1012.855, Florida Statutes, is amended
 6060  to read:
 6061         1012.855 Employment of Florida Community College System
 6062  institution personnel; discrimination in granting salary
 6063  prohibited.—
 6064         (1)(a) Employment of all personnel in each Florida
 6065  Community College System institution shall be upon
 6066  recommendation of the president, subject to rejection for cause
 6067  by the Florida Community College System institution board of
 6068  trustees; to the rules of the State Board of Community Colleges
 6069  Education relative to certification, tenure, leaves of absence
 6070  of all types, including sabbaticals, remuneration, and such
 6071  other conditions of employment as the State Board of Community
 6072  Colleges Education deems necessary and proper; and to policies
 6073  of the Florida Community College System institution board of
 6074  trustees not inconsistent with law.
 6075         (b) Any internal auditor employed by a Florida Community
 6076  College System institution shall be hired by the Florida
 6077  Community College System institution board of trustees and shall
 6078  report directly to the board.
 6079         (2) Each Florida Community College System institution board
 6080  of trustees shall undertake a program to eradicate any
 6081  discrimination on the basis of gender, race, or physical
 6082  handicap in the granting of salaries to employees.
 6083         Section 103. Section 1012.86, Florida Statutes, is amended
 6084  to read:
 6085         1012.86 Florida Community College System institution
 6086  employment equity accountability program.—
 6087         (1) Each Florida Community College System institution shall
 6088  include in its annual equity update a plan for increasing the
 6089  representation of women and minorities in senior-level
 6090  administrative positions and in full-time faculty positions, and
 6091  for increasing the representation of women and minorities who
 6092  have attained continuing-contract status. Positions shall be
 6093  defined in the personnel data element directory of the
 6094  Department of Education. The plan must include specific
 6095  measurable goals and objectives, specific strategies and
 6096  timelines for accomplishing these goals and objectives, and
 6097  comparable national standards as provided by the Department of
 6098  Education. The goals and objectives shall be based on meeting or
 6099  exceeding comparable national standards and shall be reviewed
 6100  and recommended by the State Board of Community Colleges
 6101  Education as appropriate. Such plans shall be maintained until
 6102  appropriate representation has been achieved and maintained for
 6103  at least 3 consecutive reporting years.
 6104         (2)(a) On or before May 1 of each year, each Florida
 6105  Community College System institution president shall submit an
 6106  annual employment accountability plan to the Chancellor of the
 6107  Florida Community College System and the State Board of
 6108  Community Colleges Commissioner of Education and the State Board
 6109  of Education. The accountability plan must show faculty and
 6110  administrator employment data according to requirements
 6111  specified on the federal Equal Employment Opportunity (EE0-6)
 6112  report.
 6113         (b) The plan must show the following information for those
 6114  positions including, but not limited to:
 6115         1. Job classification title.
 6116         2. Gender.
 6117         3. Ethnicity.
 6118         4. Appointment status.
 6119         5. Salary information. At each Florida Community College
 6120  System institution, salary information shall also include the
 6121  salary ranges in which new hires were employed compared to the
 6122  salary ranges for employees with comparable experience and
 6123  qualifications.
 6124         6. Other comparative information including, but not limited
 6125  to, composite information regarding the total number of
 6126  positions within the particular job title classification for the
 6127  Florida Community College System institution by race, gender,
 6128  and salary range compared to the number of new hires.
 6129         7. A statement certifying diversity and balance in the
 6130  gender and ethnic composition of the selection committee for
 6131  each vacancy, including a brief description of guidelines used
 6132  for ensuring balanced and diverse membership on selection and
 6133  review committees.
 6134         (c) The annual employment accountability plan shall also
 6135  include an analysis and an assessment of the Florida Community
 6136  College System institution’s attainment of annual goals and of
 6137  long-range goals for increasing the number of women and
 6138  minorities in faculty and senior-level administrative positions,
 6139  and a corrective action plan for addressing underrepresentation.
 6140         (d) Each Florida Community College System institution’s
 6141  employment accountability plan must also include:
 6142         1. The requirements for receiving a continuing contract.
 6143         2. A brief description of the process used to grant
 6144  continuing-contract status.
 6145         3. A brief description of the process used to annually
 6146  apprise each eligible faculty member of progress toward
 6147  attainment of continuing-contract status.
 6148         (3) Florida Community College System institution presidents
 6149  and the heads of each major administrative division shall be
 6150  evaluated annually on the progress made toward meeting the goals
 6151  and objectives of the Florida Community College System
 6152  institution’s employment accountability plan.
 6153         (a) The Florida Community College System institution
 6154  presidents, or the presidents’ designees, shall annually
 6155  evaluate each department chairperson, dean, provost, and vice
 6156  president in achieving the annual and long-term goals and
 6157  objectives. A summary of the results of such evaluations shall
 6158  be reported annually by the Florida Community College System
 6159  institution president to the Florida Community College System
 6160  institution board of trustees. Annual budget allocations by the
 6161  Florida Community College System institution board of trustees
 6162  for positions and funding must take into consideration these
 6163  evaluations.
 6164         (b) Florida Community College System institution boards of
 6165  trustees shall annually evaluate the performance of the Florida
 6166  Community College System institution presidents in achieving the
 6167  annual and long-term goals and objectives. A summary of the
 6168  results of such evaluations shall be reported to the State Board
 6169  of Community Colleges Commissioner of Education and the State
 6170  Board of Education as part of the Florida Community College
 6171  System institution’s annual employment accountability plan, and
 6172  to the Legislature as part of the annual equity progress report
 6173  submitted by the State Board of Community Colleges Education.
 6174         (4) The State Board of Community Colleges Education shall
 6175  submit an annual equity progress report to the President of the
 6176  Senate and the Speaker of the House of Representatives on or
 6177  before January 1 of each year.
 6178         (5) Each Florida Community College System institution shall
 6179  develop a budgetary incentive plan to support and ensure
 6180  attainment of the goals developed pursuant to this section. The
 6181  plan shall specify, at a minimum, how resources shall be
 6182  allocated to support the achievement of goals and the
 6183  implementation of strategies in a timely manner. After prior
 6184  review and approval by the Florida Community College System
 6185  institution president and the Florida Community College System
 6186  institution board of trustees, the plan shall be submitted as
 6187  part of the annual employment accountability plan submitted by
 6188  each Florida Community College System institution to the State
 6189  Board of Community Colleges Education.
 6190         (6) Subject to available funding, the Legislature shall
 6191  provide an annual appropriation to the State Board of Community
 6192  Colleges Education to be allocated to Florida Community College
 6193  System institution presidents, faculty, and administrative
 6194  personnel to further enhance equity initiatives and related
 6195  priorities that support the mission of colleges and departments
 6196  in recognition of the attainment of the equity goals and
 6197  objectives.
 6198         Section 104. Subsection (3) of section 1013.01, Florida
 6199  Statutes, is amended to read:
 6200         1013.01 Definitions.—The following terms shall be defined
 6201  as follows for the purpose of this chapter:
 6202         (3) “Board,” unless otherwise specified, means a district
 6203  school board, a Florida Community College System institution
 6204  board of trustees, a university board of trustees, and the Board
 6205  of Trustees for the Florida School for the Deaf and the Blind.
 6206  The term “board” does not include the State Board of Education,
 6207  or the Board of Governors, or the State Board of Community
 6208  Colleges.
 6209         Section 105. Subsection (2) of section 1013.02, Florida
 6210  Statutes, is amended to read:
 6211         1013.02 Purpose; rules and regulations.—
 6212         (2)(a) The State Board of Education shall adopt rules
 6213  pursuant to ss. 120.536(1) and 120.54 to implement the
 6214  provisions of this chapter for school districts and Florida
 6215  College System institutions.
 6216         (b) The Board of Governors shall adopt regulations pursuant
 6217  to its regulation development procedure to implement the
 6218  provisions of this chapter for state universities.
 6219         (c) The State Board of Community Colleges shall adopt rules
 6220  pursuant to ss. 120.536(1) and 120.54 to implement this chapter
 6221  for Florida Community College System institutions.
 6222         Section 106. Section 1013.03, Florida Statutes, is amended
 6223  to read:
 6224         1013.03 Functions of the department, the State Board of
 6225  Community Colleges, and the Board of Governors.—The functions of
 6226  the Department of Education as it pertains to educational
 6227  facilities of school districts, of the State Board of Community
 6228  Colleges as it pertains to educational facilities of and Florida
 6229  Community College System institutions, and of the Board of
 6230  Governors as it pertains to educational facilities of state
 6231  universities shall include, but not be limited to, the
 6232  following:
 6233         (1) Establish recommended minimum and maximum square
 6234  footage standards for different functions and areas and
 6235  procedures for determining the gross square footage for each
 6236  educational facility to be funded in whole or in part by the
 6237  state, including public broadcasting stations but excluding
 6238  postsecondary special purpose laboratory space. The gross square
 6239  footage determination standards may be exceeded when the core
 6240  facility space of an educational facility is constructed or
 6241  renovated to accommodate the future addition of classrooms to
 6242  meet projected increases in student enrollment. The department,
 6243  the State Board of Community Colleges, and the Board of
 6244  Governors shall encourage multiple use of facilities and spaces
 6245  in educational plants.
 6246         (2) Establish, for the purpose of determining need,
 6247  equitably uniform utilization standards for all types of like
 6248  space, regardless of the level of education. These standards
 6249  shall also establish, for postsecondary education classrooms, a
 6250  minimum room utilization rate of 40 hours per week and a minimum
 6251  station utilization rate of 60 percent. These rates shall be
 6252  subject to increase based on national norms for utilization of
 6253  postsecondary education classrooms.
 6254         (3) Require boards to submit other educational plant
 6255  inventories data and statistical data or information relevant to
 6256  construction, capital improvements, and related costs.
 6257         (4) Require each board and other appropriate agencies to
 6258  submit complete and accurate financial data as to the amounts of
 6259  funds from all sources that are available and spent for
 6260  construction and capital improvements. The commissioner shall
 6261  prescribe the format and the date for the submission of this
 6262  data and any other educational facilities data. If any district
 6263  does not submit the required educational facilities fiscal data
 6264  by the prescribed date, the Commissioner of Education shall
 6265  notify the district school board of this fact and, if
 6266  appropriate action is not taken to immediately submit the
 6267  required report, the district school board shall be directed to
 6268  proceed pursuant to s. 1001.42(13)(b). If any Florida Community
 6269  College System institution or university does not submit the
 6270  required educational facilities fiscal data by the prescribed
 6271  date, the same policy prescribed in this subsection for school
 6272  districts shall be implemented.
 6273         (5) Administer, under the supervision of the Commissioner
 6274  of Education, the Public Education Capital Outlay and Debt
 6275  Service Trust Fund and the School District and Community College
 6276  District Capital Outlay and Debt Service Trust Fund.
 6277         (6) Develop, review, update, revise, and recommend a
 6278  mandatory portion of the Florida Building Code for educational
 6279  facilities construction and capital improvement by Florida
 6280  Community College System institution boards and district school
 6281  boards.
 6282         (7) Provide training, technical assistance, and building
 6283  code interpretation for requirements of the mandatory Florida
 6284  Building Code for the educational facilities construction and
 6285  capital improvement programs of the Florida College System
 6286  institution boards and district school boards and, upon request,
 6287  approve phase III construction documents for remodeling,
 6288  renovation, or new construction of educational plants or
 6289  ancillary facilities, except that Florida Community College
 6290  System institutions and university boards of trustees shall
 6291  approve specifications and construction documents for their
 6292  respective institutions pursuant to guidelines of the Board of
 6293  Governors or State Board of Community Colleges, as applicable.
 6294  The Department of Management Services may, upon request, provide
 6295  similar services for the Florida School for the Deaf and the
 6296  Blind and shall use the Florida Building Code and the Florida
 6297  Fire Prevention Code.
 6298         (8) Provide minimum criteria, procedures, and training to
 6299  boards to conduct educational plant surveys and document the
 6300  determination of future needs.
 6301         (9) Make available to boards technical assistance,
 6302  awareness training, and research and technical publications
 6303  relating to lifesafety, casualty, sanitation, environmental,
 6304  maintenance, and custodial issues; and, as needed, technical
 6305  assistance for survey, planning, design, construction,
 6306  operation, and evaluation of educational and ancillary
 6307  facilities and plants, facilities administrative procedures
 6308  review, and training for new administrators.
 6309         (10)(a) Review and validate surveys proposed or amended by
 6310  the boards and recommend to the Commissioner of Education, the
 6311  Chancellor of the Florida Community College System, or the
 6312  Chancellor of the State University System, as appropriate, for
 6313  approval, surveys that meet the requirements of this chapter.
 6314         1. The term “validate” as applied to surveys by school
 6315  districts means to review inventory data as submitted to the
 6316  department by district school boards; provide for review and
 6317  inspection, where required, of student stations and aggregate
 6318  square feet of inventory changed from satisfactory to
 6319  unsatisfactory or changed from unsatisfactory to satisfactory;
 6320  compare new school inventory to allocation limits provided by
 6321  this chapter; review cost projections for conformity with cost
 6322  limits set by s. 1013.64(6); compare total capital outlay full
 6323  time equivalent enrollment projections in the survey with the
 6324  department’s projections; review facilities lists to verify that
 6325  student station and auxiliary facility space allocations do not
 6326  exceed the limits provided by this chapter and related rules;
 6327  review and confirm the application of uniform facility
 6328  utilization factors, where provided by this chapter or related
 6329  rules; use utilize the documentation of programs offered per
 6330  site, as submitted by the board, to analyze facility needs;
 6331  confirm that need projections for career and adult educational
 6332  programs comply with needs documented by the Department of
 6333  Education; and confirm the assignment of full-time student
 6334  stations to all space except auxiliary facilities, which, for
 6335  purposes of exemption from student station assignment, include
 6336  the following:
 6337         a. Cafeterias.
 6338         b. Multipurpose dining areas.
 6339         c. Media centers.
 6340         d. Auditoriums.
 6341         e. Administration.
 6342         f. Elementary, middle, and high school resource rooms, up
 6343  to the number of such rooms recommended for the applicable
 6344  occupant and space design capacity of the educational plant in
 6345  the State Requirements for Educational Facilities, beyond which
 6346  student stations must be assigned.
 6347         g. Elementary school skills labs, up to the number of such
 6348  rooms recommended for the applicable occupant and space design
 6349  capacity of the educational plant in the State Requirements for
 6350  Educational Facilities, beyond which student stations must be
 6351  assigned.
 6352         h. Elementary school art and music rooms.
 6353  
 6354  The Commissioner of Education may grant a waiver from the
 6355  requirements of this subparagraph if a district school board
 6356  determines that such waiver will make possible a substantial
 6357  savings of funds or will be advantageous to the welfare of the
 6358  educational system. The district school board shall present a
 6359  full statement to the commissioner which sets forth the facts
 6360  that warrant the waiver. If the commissioner denies a request
 6361  for a waiver, the district school board may appeal such decision
 6362  to the State Board of Education.
 6363         2. The term “validate” as applied to surveys by Florida
 6364  Community College System institutions and universities means to
 6365  review and document the approval of each new site and official
 6366  designation, where applicable; review the inventory database as
 6367  submitted by each board to the department, including noncareer,
 6368  and total capital outlay full-time equivalent enrollment
 6369  projections per site and per college; provide for the review and
 6370  inspection, where required, of student stations and aggregate
 6371  square feet of space changed from satisfactory to
 6372  unsatisfactory; use utilize and review the documentation of
 6373  programs offered per site submitted by the boards as accurate
 6374  for analysis of space requirements and needs; confirm that needs
 6375  projected for career and adult educational programs comply with
 6376  needs documented by the Department of Education; compare new
 6377  facility inventory to allocations limits as provided in this
 6378  chapter; review cost projections for conformity with state
 6379  averages or limits designated by this chapter; compare student
 6380  enrollment projections in the survey to the department’s
 6381  projections; review facilities lists to verify that area
 6382  allocations and space factors for generating space needs do not
 6383  exceed the limits as provided by this chapter and related rules;
 6384  confirm the application of facility utilization factors as
 6385  provided by this chapter and related rules; and review, as
 6386  submitted, documentation of how survey recommendations will
 6387  implement the detail of current campus master plans and
 6388  integrate with local comprehensive plans and development
 6389  regulations.
 6390         (b) Recommend priority of projects to be funded.
 6391         (11) Prepare the commissioner’s comprehensive fixed capital
 6392  outlay legislative budget request and provide annually an
 6393  estimate of the funds available for developing required 3-year
 6394  priority lists. This amount shall be based upon the average
 6395  percentage for the 5 prior years of funds appropriated by the
 6396  Legislature for fixed capital outlay to each level of public
 6397  education: public schools, Florida Community College System
 6398  institutions, and universities.
 6399         (12) Perform any other functions that may be involved in
 6400  educational facilities construction and capital improvement
 6401  which shall ensure that the intent of the Legislature is
 6402  implemented.
 6403         Section 107. Section 1013.28, Florida Statutes, is amended
 6404  to read:
 6405         1013.28 Disposal of property.—
 6406         (1) REAL PROPERTY.—
 6407         (a) Subject to rules of the State Board of Education, a
 6408  district school board or, the Board of Trustees for the Florida
 6409  School for the Deaf and the Blind, or a Florida College System
 6410  institution board of trustees may dispose of any land or real
 6411  property to which the board holds title which is, by resolution
 6412  of the board, determined to be unnecessary for educational
 6413  purposes as recommended in an educational plant survey. A
 6414  district school board or, the Board of Trustees for the Florida
 6415  School for the Deaf and the Blind, or a Florida College System
 6416  institution board of trustees shall take diligent measures to
 6417  dispose of educational property only in the best interests of
 6418  the public. However, appraisals may be obtained by the district
 6419  school board or, the Board of Trustees for the Florida School
 6420  for the Deaf and the Blind before, or the Florida College System
 6421  institution board of trustees prior to or simultaneously with
 6422  the receipt of bids.
 6423         (b) Subject to regulations of the Board of Governors, a
 6424  state university board of trustees may dispose of any land or
 6425  real property to which it holds valid title which is, by
 6426  resolution of the state university board of trustees, determined
 6427  to be unnecessary for educational purposes as recommended in an
 6428  educational plant survey. A state university board of trustees
 6429  shall take diligent measures to dispose of educational property
 6430  only in the best interests of the public. However, appraisals
 6431  may be obtained by the state university board of trustees prior
 6432  to or simultaneously with the receipt of bids.
 6433         (c) Subject to rules of the State Board of Community
 6434  Colleges, a Florida Community College System institution board
 6435  of trustees may dispose of any land or real property to which it
 6436  holds valid title which is, by resolution of the Florida
 6437  Community College System institution board of trustees,
 6438  determined to be unnecessary for educational purposes as
 6439  recommended in an educational plant survey. A Florida Community
 6440  College System institution board of trustees shall take diligent
 6441  measures to dispose of educational property only in the best
 6442  interests of the public. However, appraisals may be obtained by
 6443  the Florida Community College System institution board of
 6444  trustees prior to or simultaneously with the receipt of bids.
 6445         (2) TANGIBLE PERSONAL PROPERTY.—
 6446         (a) Tangible personal property that has been properly
 6447  classified as surplus by a district school board or Florida
 6448  College System institution board of trustees shall be disposed
 6449  of in accordance with the procedure established by chapter 274.
 6450  However, the provisions of chapter 274 shall not be applicable
 6451  to a motor vehicle used in driver education to which title is
 6452  obtained for a token amount from an automobile dealer or
 6453  manufacturer. In such cases, the disposal of the vehicle shall
 6454  be as prescribed in the contractual agreement between the
 6455  automotive agency or manufacturer and the board.
 6456         (b) Tangible personal property that has been properly
 6457  classified as surplus by a state university board of trustees
 6458  shall be disposed of in accordance with the procedure
 6459  established by chapter 273.
 6460         (c) Tangible personal property that has been properly
 6461  classified as surplus by a Florida Community College System
 6462  institution board of trustees shall be disposed of in accordance
 6463  with the procedure established by chapter 274.
 6464         Section 108. Subsection (1) of section 1013.31, Florida
 6465  Statutes, is amended to read:
 6466         1013.31 Educational plant survey; localized need
 6467  assessment; PECO project funding.—
 6468         (1) At least every 5 years, each board shall arrange for an
 6469  educational plant survey, to aid in formulating plans for
 6470  housing the educational program and student population, faculty,
 6471  administrators, staff, and auxiliary and ancillary services of
 6472  the district or campus, including consideration of the local
 6473  comprehensive plan. The Department of Education, for school
 6474  districts, and the State Board of Community Colleges, for the
 6475  Florida Community College System, shall document the need for
 6476  additional career and adult education programs and the
 6477  continuation of existing programs before facility construction
 6478  or renovation related to career or adult education may be
 6479  included in the educational plant survey of a school district or
 6480  Florida Community College System institution that delivers
 6481  career or adult education programs. Information used by the
 6482  Department of Education or State Board of Community Colleges to
 6483  establish facility needs must include, but need not be limited
 6484  to, labor market data, needs analysis, and information submitted
 6485  by the school district or Florida Community College System
 6486  institution.
 6487         (a) Survey preparation and required data.—Each survey shall
 6488  be conducted by the board or an agency employed by the board.
 6489  Surveys shall be reviewed and approved by the board, and a file
 6490  copy shall be submitted to the Department of Education, the
 6491  Chancellor of the Florida Community College System, or the
 6492  Chancellor of the State University System, as appropriate. The
 6493  survey report shall include at least an inventory of existing
 6494  educational and ancillary plants, including safe access
 6495  facilities; recommendations for existing educational and
 6496  ancillary plants; recommendations for new educational or
 6497  ancillary plants, including the general location of each in
 6498  coordination with the land use plan and safe access facilities;
 6499  campus master plan update and detail for Florida Community
 6500  College System institutions; the use utilization of school
 6501  plants based on an extended school day or year-round operation;
 6502  and such other information as may be required by the Department
 6503  of Education. This report may be amended, if conditions warrant,
 6504  at the request of the department or commissioner.
 6505         (b) Required need assessment criteria for district, Florida
 6506  Community College System institution, state university, and
 6507  Florida School for the Deaf and the Blind plant surveys.
 6508  Educational plant surveys must use uniform data sources and
 6509  criteria specified in this paragraph. Each revised educational
 6510  plant survey and each new educational plant survey supersedes
 6511  previous surveys.
 6512         1. The school district’s survey must be submitted as a part
 6513  of the district educational facilities plan defined in s.
 6514  1013.35. To ensure that the data reported to the Department of
 6515  Education as required by this section is correct, the department
 6516  shall annually conduct an onsite review of 5 percent of the
 6517  facilities reported for each school district completing a new
 6518  survey that year. If the department’s review finds the data
 6519  reported by a district is less than 95 percent accurate, within
 6520  1 year from the time of notification by the department the
 6521  district must submit revised reports correcting its data. If a
 6522  district fails to correct its reports, the commissioner may
 6523  direct that future fixed capital outlay funds be withheld until
 6524  such time as the district has corrected its reports so that they
 6525  are not less than 95 percent accurate.
 6526         2. Each survey of a special facility, joint-use facility,
 6527  or cooperative career education facility must be based on
 6528  capital outlay full-time equivalent student enrollment data
 6529  prepared by the department for school districts and Florida
 6530  Community College System institutions and by the Chancellor of
 6531  the State University System for universities. A survey of space
 6532  needs of a joint-use facility shall be based upon the respective
 6533  space needs of the school districts, Florida Community College
 6534  System institutions, and universities, as appropriate.
 6535  Projections of a school district’s facility space needs may not
 6536  exceed the norm space and occupant design criteria established
 6537  by the State Requirements for Educational Facilities.
 6538         3. Each Florida Community College System institution’s
 6539  survey must reflect the capacity of existing facilities as
 6540  specified in the inventory maintained and validated by the
 6541  Chancellor of the Florida Community College System by the
 6542  Department of Education. Projections of facility space needs
 6543  must comply with standards for determining space needs as
 6544  specified by rule of the State Board of Community Colleges
 6545  Education. The 5-year projection of capital outlay student
 6546  enrollment must be consistent with the annual report of capital
 6547  outlay full-time student enrollment prepared by the Department
 6548  of Education.
 6549         4. Each state university’s survey must reflect the capacity
 6550  of existing facilities as specified in the inventory maintained
 6551  and validated by the Chancellor of the State University System.
 6552  Projections of facility space needs must be consistent with
 6553  standards for determining space needs as specified by regulation
 6554  of the Board of Governors. The projected capital outlay full
 6555  time equivalent student enrollment must be consistent with the
 6556  5-year planned enrollment cycle for the State University System
 6557  approved by the Board of Governors.
 6558         5. The district educational facilities plan of a school
 6559  district and the educational plant survey of a Florida Community
 6560  College System institution, state university, or the Florida
 6561  School for the Deaf and the Blind may include space needs that
 6562  deviate from approved standards for determining space needs if
 6563  the deviation is justified by the district or institution and
 6564  approved by the department, the State Board of Community
 6565  Colleges, or the Board of Governors, as appropriate, as
 6566  necessary for the delivery of an approved educational program.
 6567         (c) Review and validation.—The Department of Education
 6568  shall review and validate the surveys of school districts, the
 6569  Chancellor of the Florida Community College System shall review
 6570  and validate the surveys of and Florida Community College System
 6571  institutions, and the Chancellor of the State University System
 6572  shall review and validate the surveys of universities, and any
 6573  amendments thereto for compliance with the requirements of this
 6574  chapter and shall recommend those in compliance for approval by
 6575  the State Board of Education, the State Board of Community
 6576  Colleges, or the Board of Governors, as appropriate. Annually,
 6577  the department shall perform an in-depth analysis of a
 6578  representative sample of each survey of recommended needs for
 6579  five districts selected by the commissioner from among districts
 6580  with the largest need-to-revenue ratio. For the purpose of this
 6581  subsection, the need-to-revenue ratio is determined by dividing
 6582  the total 5-year cost of projects listed on the district survey
 6583  by the total 5-year fixed capital outlay revenue projections
 6584  from state and local sources as determined by the department.
 6585  The commissioner may direct fixed capital outlay funds to be
 6586  withheld from districts until such time as the survey accurately
 6587  projects facilities needs.
 6588         (d) Periodic update of Florida Inventory of School Houses.
 6589  School districts shall periodically update their inventory of
 6590  educational facilities as new capacity becomes available and as
 6591  unsatisfactory space is eliminated. The State Board of Education
 6592  shall adopt rules to determine the timeframe in which districts
 6593  must provide a periodic update.
 6594         Section 109. Subsections (1) and (3) of section 1013.36,
 6595  Florida Statutes, are amended to read:
 6596         1013.36 Site planning and selection.—
 6597         (1) Before acquiring property for sites, each district
 6598  school board and Florida Community College System institution
 6599  board of trustees shall determine the location of proposed
 6600  educational centers or campuses. In making this determination,
 6601  the board shall consider existing and anticipated site needs and
 6602  the most economical and practicable locations of sites. The
 6603  board shall coordinate with the long-range or comprehensive
 6604  plans of local, regional, and state governmental agencies to
 6605  assure the consistency of such plans. Boards are encouraged to
 6606  locate district educational facilities proximate to urban
 6607  residential areas to the extent possible, and shall seek to
 6608  collocate district educational facilities with other public
 6609  facilities, such as parks, libraries, and community centers, to
 6610  the extent possible and to encourage using elementary schools as
 6611  focal points for neighborhoods.
 6612         (3) Sites recommended for purchase or purchased must meet
 6613  standards prescribed in law and such supplementary standards as
 6614  the State Board of Education or State Board of Community
 6615  Colleges, as appropriate, prescribes to promote the educational
 6616  interests of the students. Each site must be well drained and
 6617  suitable for outdoor educational purposes as appropriate for the
 6618  educational program or collocated with facilities to serve this
 6619  purpose. As provided in s. 333.03, the site must not be located
 6620  within any path of flight approach of any airport. Insofar as is
 6621  practicable, the site must not adjoin a right-of-way of any
 6622  railroad or through highway and must not be adjacent to any
 6623  factory or other property from which noise, odors, or other
 6624  disturbances, or at which conditions, would be likely to
 6625  interfere with the educational program. To the extent
 6626  practicable, sites must be chosen which will provide safe access
 6627  from neighborhoods to schools.
 6628         Section 110. Subsections (3) and (4) of section 1013.37,
 6629  Florida Statutes, are amended to read:
 6630         1013.37 State uniform building code for public educational
 6631  facilities construction.—
 6632         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 6633  Chancellor of the Florida Community College System, as
 6634  appropriate, shall cooperate with the Florida Building
 6635  Commission in addressing all questions, disputes, or
 6636  interpretations involving the provisions of the Florida Building
 6637  Code which govern the construction of public educational and
 6638  ancillary facilities, and any objections to decisions made by
 6639  the inspectors or the department must be submitted in writing.
 6640         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 6641  department, for school districts, and the State Board of
 6642  Community Colleges, for Florida Community College System
 6643  institutions, shall biennially review and recommend to the
 6644  Florida Building Commission updates and revisions to the
 6645  provisions of the Florida Building Code which govern the
 6646  construction of public educational and ancillary facilities. The
 6647  department, for school districts, and the State Board of
 6648  Community Colleges, for Florida Community College System
 6649  institutions, shall publish and make available to each board at
 6650  no cost copies of the State Requirements for Educational
 6651  Facilities and each amendment and revision thereto. The
 6652  department and state board shall make additional copies
 6653  available to all interested persons at a price sufficient to
 6654  recover costs.
 6655         Section 111. Section 1013.40, Florida Statutes, is amended
 6656  to read:
 6657         1013.40 Planning and construction of Florida Community
 6658  College System institution facilities; property acquisition.—
 6659         (1) The need for Florida Community College System
 6660  institution facilities shall be established by a survey
 6661  conducted pursuant to this chapter. The facilities recommended
 6662  by such survey must be approved by the State Board of Community
 6663  Colleges Education, and the projects must be constructed
 6664  according to the provisions of this chapter and State Board of
 6665  Community Colleges Education rules.
 6666         (2) A No Florida Community College System institution may
 6667  not expend public funds for the acquisition of additional
 6668  property without the specific approval of the Legislature.
 6669         (3) A No facility may not be acquired or constructed by a
 6670  Florida Community College System institution or its direct
 6671  support organization if such facility requires general revenue
 6672  funds for operation or maintenance upon project completion or in
 6673  subsequent years of operation, unless prior approval is received
 6674  from the Legislature.
 6675         (4) The campus of a Florida Community College System
 6676  institution within a municipality designated as an area of
 6677  critical state concern, as defined in s. 380.05, and having a
 6678  comprehensive plan and land development regulations containing a
 6679  building permit allocation system that limits annual growth, may
 6680  construct dormitories for up to 300 beds for Florida Community
 6681  College System institution students. Such dormitories are exempt
 6682  from the building permit allocation system and may be
 6683  constructed up to 45 feet in height if the dormitories are
 6684  otherwise consistent with the comprehensive plan, the Florida
 6685  Community College System institution has a hurricane evacuation
 6686  plan that requires all dormitory occupants to be evacuated 48
 6687  hours in advance of tropical force winds, and transportation is
 6688  provided for dormitory occupants during an evacuation. State
 6689  funds and tuition and fee revenues may not be used for
 6690  construction, debt service payments, maintenance, or operation
 6691  of such dormitories. Additional dormitory beds constructed after
 6692  July 1, 2016, may not be financed through the issuance of a
 6693  bond.
 6694         Section 112. Section 1013.47, Florida Statutes, is amended
 6695  to read:
 6696         1013.47 Substance of contract; contractors to give bond;
 6697  penalties.—Each board shall develop contracts consistent with
 6698  this chapter and statutes governing public facilities. Such a
 6699  contract must contain the drawings and specifications of the
 6700  work to be done and the material to be furnished, the time limit
 6701  in which the construction is to be completed, the time and
 6702  method by which payments are to be made upon the contract, and
 6703  the penalty to be paid by the contractor for a failure to comply
 6704  with the terms of the contract. The board may require the
 6705  contractor to pay a penalty for any failure to comply with the
 6706  terms of the contract and may provide an incentive for early
 6707  completion. Upon accepting a satisfactory bid, the board shall
 6708  enter into a contract with the party or parties whose bid has
 6709  been accepted. The contractor shall furnish the board with a
 6710  performance and payment bond as set forth in s. 255.05. A board
 6711  or other public entity may not require a contractor to secure a
 6712  surety bond under s. 255.05 from a specific agent or bonding
 6713  company. A person, firm, or corporation that constructs any part
 6714  of any educational plant, or addition thereto, on the basis of
 6715  any unapproved plans or in violation of any plans approved in
 6716  accordance with the provisions of this chapter and rules of the
 6717  State Board of Education or State Board of Community Colleges or
 6718  regulations of the Board of Governors relating to building
 6719  standards or specifications is subject to forfeiture of the
 6720  surety bond and unpaid compensation in an amount sufficient to
 6721  reimburse the board for any costs that will need to be incurred
 6722  in making any changes necessary to assure that all requirements
 6723  are met and is also guilty of a misdemeanor of the second
 6724  degree, punishable as provided in s. 775.082 or s. 775.083, for
 6725  each separate violation.
 6726         Section 113. Section 1013.52, Florida Statutes, is amended
 6727  to read:
 6728         1013.52 Cooperative development and joint use of facilities
 6729  by two or more boards.—
 6730         (1) Two or more boards, including district school boards,
 6731  Florida Community College System institution boards of trustees,
 6732  the Board of Trustees for the Florida School for the Deaf and
 6733  the Blind, and university boards of trustees, desiring to
 6734  cooperatively establish a common educational facility to
 6735  accommodate students shall:
 6736         (a) Jointly request a formal assessment by the Commissioner
 6737  of Education, or the Chancellor of the State University System,
 6738  or the Chancellor of the State Board of Community Colleges, as
 6739  appropriate, of the academic program need and the need to build
 6740  new joint-use facilities to house approved programs. Completion
 6741  of the assessment and approval of the project by the State Board
 6742  of Education, the State Board of Community Colleges, the
 6743  Chancellor of the Florida Community College System, the Board of
 6744  Governors, the Chancellor of the State University System, or the
 6745  Commissioner of Education, as appropriate, should be done prior
 6746  to conducting an educational facilities survey.
 6747         (b) Demonstrate the need for construction of new joint-use
 6748  facilities involving postsecondary institutions by those
 6749  institutions presenting evidence of the presence of sufficient
 6750  actual full-time equivalent enrollments in the locale in leased,
 6751  rented, or borrowed spaces to justify the requested facility for
 6752  the programs identified in the formal assessment rather than
 6753  using projected or anticipated future full-time equivalent
 6754  enrollments as justification. If the decision is made to
 6755  construct new facilities to meet this demonstrated need, then
 6756  building plans should consider full-time equivalent enrollment
 6757  growth facilitated by this new construction and subsequent new
 6758  program offerings made possible by the existence of the new
 6759  facilities.
 6760         (c) Adopt and submit to the Commissioner of Education, the
 6761  Chancellor of the Florida Community College System, or and the
 6762  Chancellor of the State University System, as appropriate, if
 6763  the joint request involves a state university, a joint
 6764  resolution of the participating boards indicating their
 6765  commitment to the utilization of the requested facility and
 6766  designating the locale of the proposed facility. The joint
 6767  resolution shall contain a statement of determination by the
 6768  participating boards that alternate options, including the use
 6769  of leased, rented, or borrowed space, were considered and found
 6770  less appropriate than construction of the proposed facility. The
 6771  joint resolution shall contain assurance that the development of
 6772  the proposed facility has been examined in conjunction with the
 6773  programs offered by neighboring public educational facilities
 6774  offering instruction at the same level. The joint resolution
 6775  also shall contain assurance that each participating board shall
 6776  provide for continuity of educational progression. All joint
 6777  resolutions shall be submitted by August 1 for consideration of
 6778  funding by the subsequent Legislature.
 6779         (d) Submit requests for funding of joint-use facilities
 6780  projects involving state universities and Florida Community
 6781  College System institutions for approval by the Chancellor of
 6782  the Florida Community College System Commissioner of Education
 6783  and the Chancellor of the State University System. The
 6784  Chancellor of the Florida Community College System Commissioner
 6785  of Education and the Chancellor of the State University System
 6786  shall jointly determine the priority for funding these projects
 6787  in relation to the priority of all other capital outlay projects
 6788  under their consideration. To be eligible for funding from the
 6789  Public Education Capital Outlay and Debt Service Trust Fund
 6790  under the provisions of this section, projects involving both
 6791  state universities and Florida Community College System
 6792  institutions shall appear on the 3-year capital outlay priority
 6793  lists of Florida Community College System institutions and of
 6794  universities required by s. 1013.64. Projects involving a state
 6795  university, a Florida Community College System institution, and
 6796  a public school, and in which the larger share of the proposed
 6797  facility is for the use of the state university or the Florida
 6798  Community College System institution, shall appear on the 3-year
 6799  capital outlay priority lists of the Florida Community College
 6800  System institutions or of the universities, as applicable.
 6801         (e) Include in their joint resolution for the joint-use
 6802  facilities, comprehensive plans for the operation and management
 6803  of the facility upon completion. Institutional responsibilities
 6804  for specific functions shall be identified, including
 6805  designation of one participating board as sole owner of the
 6806  facility. Operational funding arrangements shall be clearly
 6807  defined.
 6808         (2) An educational plant survey must be conducted within 90
 6809  days after submission of the joint resolution and substantiating
 6810  data describing the benefits to be obtained, the programs to be
 6811  offered, and the estimated cost of the proposed project. Upon
 6812  completion of the educational plant survey, the participating
 6813  boards may include the recommended projects in their plan as
 6814  provided in s. 1013.31. Upon approval of the project by the
 6815  commissioner, the Chancellor of the Florida Community College
 6816  System, or the Chancellor of the State University System, as
 6817  appropriate, 25 percent of the total cost of the project, or the
 6818  pro rata share based on space utilization of 25 percent of the
 6819  cost, must be included in the department’s legislative capital
 6820  outlay budget request as provided in s. 1013.60 for educational
 6821  plants. The participating boards must include in their joint
 6822  resolution a commitment to finance the remaining funds necessary
 6823  to complete the planning, construction, and equipping of the
 6824  facility. Funds from the Public Education Capital Outlay and
 6825  Debt Service Trust Fund may not be expended on any project
 6826  unless specifically authorized by the Legislature.
 6827         (3) Included in all proposals for joint-use facilities must
 6828  be documentation that the proposed new campus or new joint-use
 6829  facility has been reviewed by the State Board of Education, the
 6830  State Board of Community Colleges, or the Board of Governors, as
 6831  appropriate, and has been formally requested for authorization
 6832  by the Legislature.
 6833         (4) A No district school board, Florida Community College
 6834  System institution, or state university may not shall receive
 6835  funding for more than one approved joint-use facility per campus
 6836  in any 3-year period.
 6837         Section 114. Subsection (1) of section 1013.65, Florida
 6838  Statutes, is amended to read:
 6839         1013.65 Educational and ancillary plant construction funds;
 6840  Public Education Capital Outlay and Debt Service Trust Fund;
 6841  allocation of funds.—
 6842         (1) The commissioner, through the department, shall
 6843  administer the Public Education Capital Outlay and Debt Service
 6844  Trust Fund. The commissioner shall allocate or reallocate funds
 6845  as authorized by the Legislature. Copies of each allocation or
 6846  reallocation shall be provided to members of the State Board of
 6847  Education, the State Board of Community Colleges, and the Board
 6848  of Governors and to the chairs of the House of Representatives
 6849  and Senate appropriations committees. The commissioner shall
 6850  provide for timely encumbrances of funds for duly authorized
 6851  projects. Encumbrances may include proceeds to be received under
 6852  a resolution approved by the State Board of Education
 6853  authorizing the issuance of public education capital outlay
 6854  bonds pursuant to s. 9(a)(2), Art. XII of the State
 6855  Constitution, s. 215.61, and other applicable law. The
 6856  commissioner shall provide for the timely disbursement of moneys
 6857  necessary to meet the encumbrance authorizations of the boards.
 6858  Records shall be maintained by the department to identify
 6859  legislative appropriations, allocations, encumbrance
 6860  authorizations, disbursements, transfers, investments, sinking
 6861  funds, and revenue receipts by source. The Department of
 6862  Education shall pay the administrative costs of the Public
 6863  Education Capital Outlay and Debt Service Trust Fund from the
 6864  funds which comprise the trust fund.
 6865         Section 115. The Board of Governors shall conduct a study
 6866  of state investment allocation methodologies for the
 6867  performance-based funding model. The study must include various
 6868  options, including options in which each university may be
 6869  eligible to receive some portion of the state investment based
 6870  on benchmarks that reflect the institutional mission of each
 6871  university and irrespective of their performance-based funding
 6872  model score relative to other university scores. The Board of
 6873  Governors shall submit a report describing the study, and any
 6874  action taken by the Board of Governors relative to the study, to
 6875  the chairs of the House and Senate Education Appropriations
 6876  Subcommittees by December 31, 2017.
 6877         Section 116. The Division of Law Revision and Information
 6878  is directed to prepare a reviser’s bill for the 2018 Regular
 6879  Session to substitute the term “Florida Community College
 6880  System” for “Florida College System” and the term “Florida
 6881  Community College System institution” for “Florida College
 6882  System institution where those terms appear in the Florida
 6883  Statutes.
 6884         Section 117. Effective July 1, 2017, section 1001.66,
 6885  Florida Statutes, is amended to read:
 6886         1001.66 Florida Community College System Performance-Based
 6887  Incentive.—
 6888         (1) The State Board of Community Colleges shall adopt the
 6889  following performance-based metrics for use in awarding a
 6890  Florida Community College System Performance-Based Incentive
 6891  shall be awarded to a Florida Community College System
 6892  institution: institutions using performance-based metrics
 6893         (a) A student retention rate, as calculated by the State
 6894  Board of Community Colleges;
 6895         (b) A 100 percent-of-normal-time program completion and
 6896  graduation rate for full-time, first-time-in-college students,
 6897  as calculated by the State Board of Community Colleges using a
 6898  cohort definition of “full-time” based on a student’s majority
 6899  enrollment in full-time terms. This paragraph does not apply to
 6900  non-degree seeking students;
 6901         (c) A continuing education or postgraduation job placement
 6902  rate for workforce education programs, including workforce
 6903  baccalaureate degree programs, as reported by the Florida
 6904  Education and Training Placement Information Program, with wage
 6905  thresholds that reflect the added value of the applicable
 6906  certificate or degree. This paragraph does not apply to
 6907  associate in arts degrees;
 6908         (d) A graduation rate for first-time-in-college students
 6909  enrolled in an associate of arts degree program who graduate
 6910  with a baccalaureate degree in 4 years after initially enrolling
 6911  in an associates of arts degree program; and
 6912         (e) One performance-based metric on college affordability
 6913  adopted by the State Board of Education. The performance-based
 6914  metrics must include retention rates; program completion and
 6915  graduation rates; postgraduation employment, salaries, and
 6916  continuing education for workforce education and baccalaureate
 6917  programs, with wage thresholds that reflect the added value of
 6918  the certificate or degree; and outcome measures appropriate for
 6919  associate of arts degree recipients.
 6920  
 6921  The state board shall adopt benchmarks to evaluate each
 6922  institution’s performance on the metrics to measure the
 6923  institution’s achievement of institutional excellence or need
 6924  for improvement and the minimum requirements for eligibility to
 6925  receive performance funding.
 6926         (2) Each fiscal year, the amount of funds available for
 6927  allocation to the Florida Community College System institutions
 6928  based on the performance-based funding model shall consist of
 6929  the state’s investment in performance funding plus institutional
 6930  investments consisting of funds to be redistributed from the
 6931  base funding of the Florida Community College System Program
 6932  Fund as determined in the General Appropriations Act. The State
 6933  Board of Community Colleges Education shall establish minimum
 6934  performance funding eligibility thresholds for the state’s
 6935  investment and the institutional investments. An institution
 6936  that meets the minimum institutional investment eligibility
 6937  threshold, but fails to meet the minimum state investment
 6938  eligibility threshold, shall have its institutional investment
 6939  restored but is ineligible for a share of the state’s investment
 6940  in performance funding. The institutional investment shall be
 6941  restored for all institutions eligible for the state’s
 6942  investment under the performance-based funding model.
 6943         (3)(a) Each Florida Community College System institution’s
 6944  share of the performance funding shall be calculated based on
 6945  its relative performance on the established metrics in
 6946  conjunction with the institutional size and scope.
 6947         (b) A Florida Community College System institution that
 6948  fails to meet the State Board of Community Colleges’ Education’s
 6949  minimum institutional investment performance funding eligibility
 6950  threshold shall have a portion of its institutional investment
 6951  withheld by the state board and must submit an improvement plan
 6952  to the state board which specifies the activities and strategies
 6953  for improving the institution’s performance. The state board
 6954  must review and approve the improvement plan and, if the plan is
 6955  approved, must monitor the institution’s progress in
 6956  implementing the activities and strategies specified in the
 6957  improvement plan. The institution shall submit monitoring
 6958  reports to the state board by December 31 and May 31 of each
 6959  year in which an improvement plan is in place. Beginning in the
 6960  2017-2018 fiscal year, the ability of an institution to submit
 6961  an improvement plan to the state board is limited to 1 fiscal
 6962  year.
 6963         (c) The Chancellor of the Florida Community College System
 6964  Commissioner of Education shall withhold disbursement of the
 6965  institutional investment until the monitoring report is approved
 6966  by the State Board of Community Colleges Education. A Florida
 6967  Community College System institution determined by the state
 6968  board to be making satisfactory progress on implementing the
 6969  improvement plan shall receive no more than one-half of the
 6970  withheld institutional investment in January and the balance of
 6971  the withheld institutional investment in June. An institution
 6972  that fails to make satisfactory progress may not have its full
 6973  institutional investment restored. Any institutional investment
 6974  funds that are not restored shall be redistributed in accordance
 6975  with the state board’s performance-based metrics.
 6976         (4) Distributions of performance funding, as provided in
 6977  this section, shall be made to each of the Florida Community
 6978  College System institutions listed in the Florida Community
 6979  Colleges category in the General Appropriations Act.
 6980         (5) By October 1 of each year, the State Board of Community
 6981  Colleges Education shall submit to the Governor, the President
 6982  of the Senate, and the Speaker of the House of Representatives a
 6983  report on the previous fiscal year’s performance funding
 6984  allocation, which must reflect the rankings and award
 6985  distributions.
 6986         (6) The State Board of Community Colleges Education shall
 6987  adopt rules to administer this section.
 6988         Section 118. Effective July 1, 2017, section 1001.67,
 6989  Florida Statutes, is amended to read:
 6990         1001.67 Distinguished Florida Community College System
 6991  Institution Program.—A collaborative partnership is established
 6992  between the State Board of Community Colleges Education and the
 6993  Legislature to recognize the excellence of Florida’s highest
 6994  performing Florida Community College System institutions.
 6995         (1) EXCELLENCE STANDARDS.—The following excellence
 6996  standards are established for the program:
 6997         (a) A 100 150 percent-of-normal-time completion rate for
 6998  full-time, first-time-in-college students of 50 percent or
 6999  higher, as calculated by the State Board of Community Division
 7000  of Florida Colleges.
 7001         (b) A 100 150 percent-of-normal-time completion rate for
 7002  full-time, first-time-in-college Pell Grant recipients of 40
 7003  percent or higher, as calculated by the State Board of Community
 7004  Division of Florida Colleges.
 7005         (c) A retention rate of 70 percent or higher, as calculated
 7006  by the State Board of Community Division of Florida Colleges.
 7007         (d) A continuing education, or transfer, rate of 72 percent
 7008  or higher for students graduating with an associate of arts
 7009  degree, as reported by the Florida Education and Training
 7010  Placement Information Program (FETPIP).
 7011         (e) A licensure passage rate on the National Council
 7012  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 7013  percent or higher for first-time exam takers, as reported by the
 7014  Board of Nursing.
 7015         (f) A job placement or continuing education or job
 7016  placement rate of 88 percent or higher for workforce programs,
 7017  as reported by FETPIP, with wage thresholds that reflect the
 7018  added value of the applicable certificate or degree. This
 7019  paragraph does not apply to associate of arts degrees.
 7020         (g) An excess hours rate of 40 percent or lower for A time
 7021  to-degree for students graduating with an associate of arts
 7022  degree recipients who graduate with 72 or more credit hours, as
 7023  calculated by the State Board of Community Colleges of 2.25
 7024  years or less for first-time-in-college students with
 7025  accelerated college credits, as reported by the Southern
 7026  Regional Education Board.
 7027         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 7028  Community Colleges Education shall designate each Florida
 7029  Community College System institution that meets five of the
 7030  seven standards identified in subsection (1) as a distinguished
 7031  college.
 7032         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida Community
 7033  College System institution designated as a distinguished college
 7034  by the State Board of Community Colleges Education is eligible
 7035  for funding as specified in the General Appropriations Act.
 7036         Section 119. Effective July 1, 2017, paragraph (b) of
 7037  subsection (5) and subsection (9) of section 1001.706, Florida
 7038  Statutes, are amended to read:
 7039         1001.706 Powers and duties of the Board of Governors.—
 7040         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
 7041         (b) The Board of Governors shall develop a strategic plan
 7042  specifying goals and objectives for the State University System
 7043  and each constituent university, including each university’s
 7044  contribution to overall system goals and objectives. The
 7045  strategic plan must:
 7046         1. Include performance metrics and standards common for all
 7047  institutions and metrics and standards unique to institutions
 7048  depending on institutional core missions, including, but not
 7049  limited to, student admission requirements, retention,
 7050  graduation, percentage of graduates who have attained
 7051  employment, percentage of graduates enrolled in continued
 7052  education, licensure passage, average wages of employed
 7053  graduates, average cost per graduate, excess hours, student loan
 7054  burden and default rates, faculty awards, total annual research
 7055  expenditures, patents, licenses and royalties, intellectual
 7056  property, startup companies, annual giving, endowments, and
 7057  well-known, highly respected national rankings for institutional
 7058  and program achievements.
 7059         2. Consider reports and recommendations of the Higher
 7060  Education Coordinating Council pursuant to s. 1004.015 and the
 7061  Articulation Coordinating Committee pursuant to s. 1007.01.
 7062         3. Include student enrollment and performance data
 7063  delineated by method of instruction, including, but not limited
 7064  to, traditional, online, and distance learning instruction.
 7065         4. Include criteria for designating baccalaureate degree
 7066  and master’s degree programs at specified universities as high
 7067  demand programs of emphasis. Fifty percent of the criteria for
 7068  designation as high-demand programs of emphasis must be based on
 7069  achievement of performance outcome thresholds determined by the
 7070  Board of Governors, and 50 percent of the criteria must be based
 7071  on achievement of performance outcome thresholds specifically
 7072  linked to:
 7073         a. Job placement in employment of 36 hours or more per week
 7074  and average full-time wages of graduates of the degree programs
 7075  1 year and 5 years after graduation, based in part on data
 7076  provided in the economic security report of employment and
 7077  earning outcomes produced annually pursuant to s. 445.07.
 7078         b. Data-driven gap analyses, conducted by the Board of
 7079  Governors, of the state’s job market demands and the outlook for
 7080  jobs that require a baccalaureate or higher degree. Each state
 7081  university must use the gap analyses to identify internship
 7082  opportunities for students to benefit from mentorship by
 7083  industry experts, earn industry certifications, and become
 7084  employed in high-demand fields.
 7085         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 7086  shall implement a plan for working on a regular basis with the
 7087  State Board of Education, the State Board of Community Colleges,
 7088  the Commission for Independent Education, the Higher Education
 7089  Coordinating Council, the Articulation Coordinating Committee,
 7090  the university boards of trustees, representatives of the
 7091  Florida Community College System institution boards of trustees,
 7092  representatives of the private colleges and universities, and
 7093  representatives of the district school boards to achieve a
 7094  seamless education system.
 7095         Section 120. Effective July 1, 2017, paragraph (d) of
 7096  subsection (2), paragraph (c) of subsection (5), and subsections
 7097  (6), (7), and (8) of section 1001.7065, Florida Statutes, are
 7098  amended to read:
 7099         1001.7065 Preeminent state research universities program.—
 7100         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
 7101  following academic and research excellence standards are
 7102  established for the preeminent state research universities
 7103  program:
 7104         (d) A 4-year graduation rate of 60 percent or higher for
 7105  full-time, first-time-in-college students, as reported annually
 7106  to the IPEDS. However, for the Board of Governor’s 2017
 7107  determination of preeminence status and the related distribution
 7108  of 2017-2018 appropriation funding associated with preeminence
 7109  and emerging preeminence, the metric and benchmark remains at a
 7110  6-year graduation rate of 70 percent or higher for full-time,
 7111  first-time-in-college students, as reported annually to the
 7112  IPEDS.
 7113         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
 7114  SUPPORT.—
 7115         (c) The award of funds under this subsection is contingent
 7116  upon funding provided in the General Appropriations Act to
 7117  support the preeminent state research universities program
 7118  created under this section. Funding increases appropriated
 7119  beyond the amounts funded in the previous fiscal year shall be
 7120  distributed as follows:
 7121         1. Each designated preeminent state research university
 7122  that meets the criteria in paragraph (a) shall receive an equal
 7123  amount of funding.
 7124         2. Each designated emerging preeminent state research
 7125  university that meets the criteria in paragraph (b) shall
 7126  receive an amount of funding that is equal to one-fourth one
 7127  half of the total increased amount awarded to each designated
 7128  preeminent state research university.
 7129         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
 7130  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
 7131  educational experience, a university that is designated a
 7132  preeminent state research university may require its incoming
 7133  first-time-in-college students to take a six-credit set of
 7134  unique courses specifically determined by the university and
 7135  published on the university’s website. The university may
 7136  stipulate that credit for such courses may not be earned through
 7137  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
 7138  or any other transfer credit. All accelerated credits earned up
 7139  to the limits specified in ss. 1007.27 and 1007.271 shall be
 7140  applied toward graduation at the student’s request.
 7141         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
 7142  AUTHORITY.—The Board of Governors is encouraged to identify and
 7143  grant all reasonable, feasible authority and flexibility to
 7144  ensure that each designated preeminent state research university
 7145  and each designated emerging preeminent state research
 7146  university is free from unnecessary restrictions.
 7147         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
 7148  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
 7149  establish standards and measures whereby individual
 7150  undergraduate, graduate, and professional degree programs in
 7151  state universities which that objectively reflect national
 7152  excellence can be identified and make recommendations to the
 7153  Legislature by September 1, 2017, as to how any such programs
 7154  could be enhanced and promoted.
 7155         Section 121. Effective July 1, 2017, subsection (1) of
 7156  section 1001.92, Florida Statutes, is amended to read:
 7157         1001.92 State University System Performance-Based
 7158  Incentive.—
 7159         (1) A State University System Performance-Based Incentive
 7160  shall be awarded to state universities using performance-based
 7161  metrics adopted by the Board of Governors of the State
 7162  University System. The performance-based metrics must include 4
 7163  year graduation rates; retention rates; postgraduation education
 7164  rates; degree production; affordability; postgraduation
 7165  employment and salaries, including wage thresholds that reflect
 7166  the added value of a baccalaureate degree; access, with
 7167  benchmarks that reward institutions with access rates at or
 7168  above 50 percent; and other metrics approved by the board in a
 7169  formally noticed meeting. The board shall adopt benchmarks to
 7170  evaluate each state university’s performance on the metrics to
 7171  measure the state university’s achievement of institutional
 7172  excellence or need for improvement and minimum requirements for
 7173  eligibility to receive performance funding. However, for the
 7174  Board of Governor’s 2017 determination of each university’s
 7175  performance improvement and achievement ratings, and the related
 7176  distribution of 2017-2018 appropriation funding associated with
 7177  the state university system performance-based incentive, the
 7178  Board of Governors shall apply the metrics and benchmarks in
 7179  place on January 1, 2017.
 7180         Section 122. Effective July 1, 2017, section 1004.6497,
 7181  Florida Statutes, is created to read:
 7182         1004.6497 World Class Faculty and Scholar Program.—
 7183         (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
 7184  and Scholar Program is established to fund and support the
 7185  efforts of state universities to recruit and retain exemplary
 7186  faculty and research scholars. It is the intent of the
 7187  Legislature to elevate the national competitiveness of Florida’s
 7188  state universities through faculty and scholar recruitment and
 7189  retention.
 7190         (2) INVESTMENTS.—Retention, recruitment, and recognition
 7191  efforts, activities, and investments may include, but are not
 7192  limited to, investments in research-centric cluster hires,
 7193  faculty research and research commercialization efforts,
 7194  instructional and research infrastructure, undergraduate student
 7195  participation in research, professional development, awards for
 7196  outstanding performance, and postdoctoral fellowships.
 7197         (3) FUNDING AND USE.—Funding for the program shall be as
 7198  provided in the General Appropriations Act. Each state
 7199  university shall use the funds only for the purpose and
 7200  investments authorized under this section. These funds may not
 7201  be used for the construction of buildings.
 7202         (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
 7203  Governors shall provide to the Governor, the President of the
 7204  Senate, and the Speaker of the House of Representatives a report
 7205  summarizing information from the universities in the State
 7206  University System, including, but not limited to:
 7207         (a) Specific expenditure information as it relates to the
 7208  investments identified in subsection (2).
 7209         (b) The impact of those investments in elevating the
 7210  national competitiveness of the universities, specifically
 7211  relating to:
 7212         1. The success in recruiting research faculty and the
 7213  resulting research funding;
 7214         2. The 4-year graduation rate;
 7215         3. The number of undergraduate courses offered with fewer
 7216  than 50 students; and
 7217         4. The increased national academic standing of targeted
 7218  programs, specifically advancement among top 50 universities in
 7219  the targeted programs in well-known and highly respected
 7220  national public university rankings, including, but not limited
 7221  to, the U.S. News and World Report rankings, which reflect
 7222  national preeminence, using the most recent rankings.
 7223         Section 123. Effective July 1, 2017, section 1004.6498,
 7224  Florida Statutes, is created to read:
 7225         1004.6498 State University Professional and Graduate Degree
 7226  Excellence Program.—
 7227         (1) PURPOSE.—The State University Professional and Graduate
 7228  Degree Excellence Program is established to fund and support the
 7229  efforts of state universities to enhance the quality and
 7230  excellence of professional and graduate schools and degree
 7231  programs in medicine, law, and business and expand the economic
 7232  impact of state universities.
 7233         (2) INVESTMENTS.—Quality improvement efforts may include,
 7234  but are not limited to, targeted investments in faculty,
 7235  students, research, infrastructure, and other strategic
 7236  endeavors to elevate the national and global prominence of state
 7237  university medicine, law, and graduate-level business programs.
 7238         (3) FUNDING AND USE.—Funding for the program shall be as
 7239  provided in the General Appropriations Act. Each state
 7240  university shall use the funds only for the purpose and
 7241  investments authorized under this section. These funds may not
 7242  be used for the construction of buildings.
 7243         (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
 7244  Governors shall provide to the Governor, the President of the
 7245  Senate, and the Speaker of the House of Representatives a report
 7246  summarizing information from the universities in the State
 7247  University System, including, but not limited to:
 7248         (a) Specific expenditure information as it relates to the
 7249  investments identified in subsection (2).
 7250         (b) The impact of those investments in elevating the
 7251  national and global prominence of the state university medicine,
 7252  law, and graduate-level business programs, specifically relating
 7253  to:
 7254         1. The first-time pass rate on the United States Medical
 7255  Licensing Examination;
 7256         2. The first-time pass rate on The Florida Bar Examination;
 7257         3. The percentage of graduates enrolled or employed at a
 7258  wage threshold that reflects the added value of a graduate-level
 7259  business degree;
 7260         4. The advancement in the rankings of the state university
 7261  medicine, law, and graduate-level programs in well-known and
 7262  highly respected national graduate-level university rankings,
 7263  including, but not limited to, the U.S. News and World Report
 7264  rankings, which reflect national preeminence, using the most
 7265  recent rankings; and
 7266         5. The added economic benefit of the universities to the
 7267  state.
 7268         Section 124. Effective July 1, 2017, subsections (2), (6),
 7269  (7), and (8) of section 1007.27, Florida Statutes, are amended
 7270  to read:
 7271         1007.27 Articulated acceleration mechanisms.—
 7272         (2)(a) The Department of Education shall annually identify
 7273  and publish the minimum scores, maximum credit, and course or
 7274  courses for which credit is to be awarded for each College Level
 7275  Examination Program (CLEP) subject examination, College Board
 7276  Advanced Placement Program examination, Advanced International
 7277  Certificate of Education examination, International
 7278  Baccalaureate examination, Excelsior College subject
 7279  examination, Defense Activity for Non-Traditional Education
 7280  Support (DANTES) subject standardized test, and Defense Language
 7281  Proficiency Test (DLPT). The department shall use student
 7282  performance data in subsequent postsecondary courses to
 7283  determine the appropriate examination scores and courses for
 7284  which credit is to be granted. Minimum scores may vary by
 7285  subject area based on available performance data. In addition,
 7286  the department shall identify such courses in the general
 7287  education core curriculum of each state university and Florida
 7288  Community College System institution.
 7289         (b) Each district school board shall notify students who
 7290  enroll in articulated acceleration mechanism courses or take
 7291  examinations pursuant to this section of the credit-by
 7292  examination equivalency list adopted by rule by the State Board
 7293  of Education and the dual enrollment course and high school
 7294  subject area equivalencies approved by the state board pursuant
 7295  to s. 1007.271(9).
 7296         (6) Credit by examination shall be the program through
 7297  which secondary and postsecondary students generate
 7298  postsecondary credit based on the receipt of a specified minimum
 7299  score on nationally standardized general or subject-area
 7300  examinations. For the purpose of statewide application, such
 7301  examinations and the corresponding minimum scores required for
 7302  an award of credit shall be delineated by the State Board of
 7303  Education, and the Board of Governors, and the State Board of
 7304  Community Colleges in the statewide articulation agreement
 7305  required by s. 1007.23(1). The maximum credit generated by a
 7306  student pursuant to this subsection shall be mitigated by any
 7307  related postsecondary credit earned by the student prior to the
 7308  administration of the examination. This subsection shall not
 7309  preclude Florida Community College System institutions and
 7310  universities from awarding credit by examination based on
 7311  student performance on examinations developed within and
 7312  recognized by the individual postsecondary institutions.
 7313         (7) The International Baccalaureate Program shall be the
 7314  curriculum in which eligible secondary students are enrolled in
 7315  a program of studies offered through the International
 7316  Baccalaureate Program administered by the International
 7317  Baccalaureate Office. The State Board of Community Colleges
 7318  Education and the Board of Governors shall specify in the
 7319  statewide articulation agreement required by s. 1007.23(1) the
 7320  cutoff scores and International Baccalaureate Examinations which
 7321  will be used to grant postsecondary credit at Florida Community
 7322  College System institutions and universities. Any changes to the
 7323  articulation agreement, which have the effect of raising the
 7324  required cutoff score or of changing the International
 7325  Baccalaureate Examinations which will be used to grant
 7326  postsecondary credit, shall only apply to students taking
 7327  International Baccalaureate Examinations after such changes are
 7328  adopted by the State Board of Community Colleges Education and
 7329  the Board of Governors. Students shall be awarded a maximum of
 7330  30 semester credit hours pursuant to this subsection. The
 7331  specific course for which a student may receive such credit
 7332  shall be specified in the statewide articulation agreement
 7333  required by s. 1007.23(1). Students enrolled pursuant to this
 7334  subsection shall be exempt from the payment of any fees for
 7335  administration of the examinations regardless of whether or not
 7336  the student achieves a passing score on the examination.
 7337         (8) The Advanced International Certificate of Education
 7338  Program and the International General Certificate of Secondary
 7339  Education (pre-AICE) Program shall be the curricula in which
 7340  eligible secondary students are enrolled in programs of study
 7341  offered through the Advanced International Certificate of
 7342  Education Program or the International General Certificate of
 7343  Secondary Education (pre-AICE) Program administered by the
 7344  University of Cambridge Local Examinations Syndicate. The State
 7345  Board of Community Colleges Education and the Board of Governors
 7346  shall specify in the statewide articulation agreement required
 7347  by s. 1007.23(1) the cutoff scores and Advanced International
 7348  Certificate of Education examinations which will be used to
 7349  grant postsecondary credit at Florida Community College System
 7350  institutions and universities. Any changes to the cutoff scores,
 7351  which changes have the effect of raising the required cutoff
 7352  score or of changing the Advanced International Certification of
 7353  Education examinations which will be used to grant postsecondary
 7354  credit, shall apply to students taking Advanced International
 7355  Certificate of Education examinations after such changes are
 7356  adopted by the State Board of Community Colleges Education and
 7357  the Board of Governors. Students shall be awarded a maximum of
 7358  30 semester credit hours pursuant to this subsection. The
 7359  specific course for which a student may receive such credit
 7360  shall be determined by the Florida Community College System
 7361  institution or university that accepts the student for
 7362  admission. Students enrolled in either program of study pursuant
 7363  to this subsection shall be exempt from the payment of any fees
 7364  for administration of the examinations regardless of whether the
 7365  student achieves a passing score on the examination.
 7366         Section 125. Effective July 1, 2017, subsections (1), (3),
 7367  (4), and (5) of section 1008.30, Florida Statutes, are amended
 7368  to read:
 7369         1008.30 Common placement testing for public postsecondary
 7370  education.—
 7371         (1) The State Board of Community Colleges Education, in
 7372  conjunction with the Board of Governors and the State Board of
 7373  Education, shall develop and implement a common placement test
 7374  for the purpose of assessing the basic computation and
 7375  communication skills of students who intend to enter a degree
 7376  program at any public postsecondary educational institution.
 7377  Alternative assessments that may be accepted in lieu of the
 7378  common placement test shall also be identified in rule. Public
 7379  postsecondary educational institutions shall provide appropriate
 7380  modifications of the test instruments or test procedures for
 7381  students with disabilities.
 7382         (3) By October 31, 2013, The State Board of Community
 7383  Colleges, in conjunction with the Board of Governors and the
 7384  State Board of Education, Education shall establish by rule the
 7385  test scores a student must achieve to demonstrate readiness to
 7386  perform college-level work, and the rules must specify the
 7387  following:
 7388         (a) A student who entered 9th grade in a Florida public
 7389  school in the 2003-2004 school year, or any year thereafter, and
 7390  earned a Florida standard high school diploma or a student who
 7391  is serving as an active duty member of any branch of the United
 7392  States Armed Services shall not be required to take the common
 7393  placement test and shall not be required to enroll in
 7394  developmental education instruction in a Florida Community
 7395  College System institution. However, a student who is not
 7396  required to take the common placement test and is not required
 7397  to enroll in developmental education under this paragraph may
 7398  opt to be assessed and to enroll in developmental education
 7399  instruction, and the college shall provide such assessment and
 7400  instruction upon the student’s request.
 7401         (b) A student who takes the common placement test and whose
 7402  score on the test indicates a need for developmental education
 7403  must be advised of all the developmental education options
 7404  offered at the institution and, after advisement, shall be
 7405  allowed to enroll in the developmental education option of his
 7406  or her choice.
 7407         (c) A student who demonstrates readiness by achieving or
 7408  exceeding the test scores established by the state board and
 7409  enrolls in a Florida Community College System institution within
 7410  2 years after achieving such scores shall not be required to
 7411  retest or complete developmental education when admitted to any
 7412  Florida Community College System institution.
 7413         (4) By December 31, 2013, The State Board of Community
 7414  Colleges Education, in consultation with the Board of Governors,
 7415  shall approve a series of meta-majors and the academic pathways
 7416  that identify the gateway courses associated with each meta
 7417  major. Florida Community College System institutions shall use
 7418  placement test results to determine the extent to which each
 7419  student demonstrates sufficient communication and computation
 7420  skills to indicate readiness for his or her chosen meta-major.
 7421  Florida Community College System institutions shall counsel
 7422  students into college credit courses as quickly as possible,
 7423  with developmental education limited to that content needed for
 7424  success in the meta-major.
 7425         (5)(a) Each Florida Community College System institution
 7426  board of trustees shall develop a plan to implement the
 7427  developmental education strategies defined in s. 1008.02 and
 7428  rules established by the State Board of Community Colleges
 7429  Education. The plan must be submitted to the Chancellor of the
 7430  Florida Community College System for approval no later than
 7431  March 1, 2014, for implementation no later than the fall
 7432  semester 2014. Each plan must include, at a minimum, local
 7433  policies that outline:
 7434         1. Documented student achievements such as grade point
 7435  averages, work history, military experience, participation in
 7436  juried competitions, career interests, degree major declaration,
 7437  or any combination of such achievements that the institution may
 7438  consider, in addition to common placement test scores, for
 7439  advising students regarding enrollment options.
 7440         2. Developmental education strategies available to
 7441  students.
 7442         3. A description of student costs and financial aid
 7443  opportunities associated with each option.
 7444         4. Provisions for the collection of student success data.
 7445         5. A comprehensive plan for advising students into
 7446  appropriate developmental education strategies based on student
 7447  success data.
 7448         (b) Beginning October 31, 2015, each Florida Community
 7449  College System institution shall annually prepare an
 7450  accountability report that includes student success data
 7451  relating to each developmental education strategy implemented by
 7452  the institution. The report shall be submitted to the State
 7453  Board of Community Division of Florida Colleges by October 31 in
 7454  a format determined by the Chancellor of the Florida Community
 7455  College System. By December 31, the chancellor shall compile and
 7456  submit the institutional reports to the Governor, the President
 7457  of the Senate, the Speaker of the House of Representatives, and
 7458  the State Board of Community Colleges and the State Board of
 7459  Education.
 7460         (c) A university board of trustees may contract with a
 7461  Florida Community College System institution board of trustees
 7462  for the Florida Community College System institution to provide
 7463  developmental education on the state university campus. Any
 7464  state university in which the percentage of incoming students
 7465  requiring developmental education equals or exceeds the average
 7466  percentage of such students for the Florida Community College
 7467  System may offer developmental education without contracting
 7468  with a Florida Community College System institution; however,
 7469  any state university offering college-preparatory instruction as
 7470  of January 1, 1996, may continue to provide developmental
 7471  education instruction pursuant to s. 1008.02(1) such services.
 7472         Section 126. Effective July 1, 2017, paragraph (e) of
 7473  subsection (3) and subsection (7) of section 1009.22, Florida
 7474  Statutes, are amended to read:
 7475         1009.22 Workforce education postsecondary student fees.—
 7476         (3)
 7477         (e) The State Board of Education and the State Board of
 7478  Community Colleges may adopt, by rule, the definitions and
 7479  procedures that district school boards and Florida Community
 7480  College System institution boards of trustees shall use in the
 7481  calculation of cost borne by students.
 7482         (7) Each district school board and Florida Community
 7483  College System institution board of trustees is authorized to
 7484  establish a separate fee for technology, not to exceed 5 percent
 7485  of tuition per credit hour or credit-hour equivalent for
 7486  resident students and not to exceed 5 percent of tuition and the
 7487  out-of-state fee per credit hour or credit-hour equivalent for
 7488  nonresident students. Revenues generated from the technology fee
 7489  shall be used to enhance instructional technology resources for
 7490  students and faculty and may shall not be included in an any
 7491  award under the Florida Bright Futures Scholarship Program,
 7492  except as authorized for the Florida Academic Scholars award
 7493  under s. 1009.534. Fifty percent of technology fee revenues may
 7494  be pledged by a Florida Community College System institution
 7495  board of trustees as a dedicated revenue source for the
 7496  repayment of debt, including lease-purchase agreements, not to
 7497  exceed the useful life of the asset being financed. Revenues
 7498  generated from the technology fee may not be bonded.
 7499         Section 127. Effective July 1, 2017, section 1009.23,
 7500  Florida Statutes, is amended to read:
 7501         1009.23 Florida Community College System institution
 7502  student fees.—
 7503         (1) Unless otherwise provided, this section applies only to
 7504  fees charged for college credit instruction leading to an
 7505  associate in arts degree, an associate in applied science
 7506  degree, an associate in science degree, or a baccalaureate
 7507  degree authorized pursuant to s. 1007.33, for noncollege credit
 7508  developmental education defined in s. 1004.02, and for educator
 7509  preparation institute programs defined in s. 1004.85.
 7510         (2)(a) All students shall be charged fees except students
 7511  who are exempt from fees or students whose fees are waived.
 7512         (b) Tuition and out-of-state fees for upper-division
 7513  courses must reflect the fact that the Florida Community College
 7514  System institution has a less expensive cost structure than that
 7515  of a state university. Therefore, the board of trustees shall
 7516  establish tuition and out-of-state fees for upper-division
 7517  courses in baccalaureate degree programs approved pursuant to s.
 7518  1007.33 consistent with law and proviso language in the General
 7519  Appropriations Act. However, the board of trustees may vary
 7520  tuition and out-of-state fees only as provided in subsection (6)
 7521  and s. 1009.26(11).
 7522         (3)(a) Effective July 1, 2014, for advanced and
 7523  professional, postsecondary vocational, developmental education,
 7524  and educator preparation institute programs, the standard
 7525  tuition shall be $71.98 per credit hour for residents and
 7526  nonresidents, and the out-of-state fee shall be $215.94 per
 7527  credit hour.
 7528         (b) Effective July 1, 2014, for baccalaureate degree
 7529  programs, the following tuition and fee rates shall apply:
 7530         1. The tuition shall be $91.79 per credit hour for students
 7531  who are residents for tuition purposes.
 7532         2. The sum of the tuition and he out-of-state fee per
 7533  credit hour for students who are nonresidents for tuition
 7534  purposes shall be no more than 85 percent of the sum of the
 7535  tuition and the out-of-state fee at the state university nearest
 7536  the Florida Community College System institution.
 7537         (4) Each Florida Community College System institution board
 7538  of trustees shall establish tuition and out-of-state fees, which
 7539  may vary no more than 10 percent below and 15 percent above the
 7540  combined total of the standard tuition and fees established in
 7541  subsection (3).
 7542         (5) Except as otherwise provided in law, the sum of
 7543  nonresident student tuition and out-of-state fees must be
 7544  sufficient to defray the full cost of each program.
 7545         (6)(a) A Florida Community College System institution board
 7546  of trustees that has a service area that borders another state
 7547  may implement a plan for a differential out-of-state fee.
 7548         (b) A Florida Community College System institution board of
 7549  trustees may establish a differential out-of-state fee for a
 7550  student who has been determined to be a nonresident for tuition
 7551  purposes pursuant to s. 1009.21 and is enrolled in a distance
 7552  learning course offered by the institution. A differential out
 7553  of-state fee established pursuant to this paragraph shall be
 7554  applicable only to distance learning courses and must be
 7555  established such that the sum of tuition and the differential
 7556  out-of-state fee is sufficient to defray the full cost of
 7557  instruction.
 7558         (7) Each Florida Community College System institution board
 7559  of trustees may establish a separate activity and service fee
 7560  not to exceed 10 percent of the tuition fee, according to rules
 7561  of the State Board of Community Colleges Education. The student
 7562  activity and service fee shall be collected as a component part
 7563  of the tuition and fees. The student activity and service fees
 7564  shall be paid into a student activity and service fund at the
 7565  Florida Community College System institution and shall be
 7566  expended for lawful purposes to benefit the student body in
 7567  general. These purposes include, but are not limited to, student
 7568  publications and grants to duly recognized student
 7569  organizations, the membership of which is open to all students
 7570  at the Florida Community College System institution without
 7571  regard to race, sex, or religion. No Florida Community College
 7572  System institution shall be required to lower any activity and
 7573  service fee approved by the board of trustees of the Florida
 7574  Community College System institution and in effect prior to
 7575  October 26, 2007, in order to comply with the provisions of this
 7576  subsection.
 7577         (8)(a) Each Florida Community College System institution
 7578  board of trustees is authorized to establish a separate fee for
 7579  financial aid purposes in an additional amount up to, but not to
 7580  exceed, 5 percent of the total student tuition or out-of-state
 7581  fees collected. Each Florida Community College System
 7582  institution board of trustees may collect up to an additional 2
 7583  percent if the amount generated by the total financial aid fee
 7584  is less than $500,000. If the amount generated is less than
 7585  $500,000, a Florida Community College System institution that
 7586  charges tuition and out-of-state fees at least equal to the
 7587  average fees established by rule may transfer from the general
 7588  current fund to the scholarship fund an amount equal to the
 7589  difference between $500,000 and the amount generated by the
 7590  total financial aid fee assessment. No other transfer from the
 7591  general current fund to the loan, endowment, or scholarship
 7592  fund, by whatever name known, is authorized.
 7593         (b) All funds collected under this program shall be placed
 7594  in the loan and endowment fund or scholarship fund of the
 7595  college, by whatever name known. Such funds shall be disbursed
 7596  to students as quickly as possible. An amount not greater than
 7597  40 percent of the fees collected in a fiscal year may be carried
 7598  forward unexpended to the following fiscal year. However, funds
 7599  collected prior to July 1, 1989, and placed in an endowment fund
 7600  may not be considered part of the balance of funds carried
 7601  forward unexpended to the following fiscal year.
 7602         (c) Up to 25 percent or $600,000, whichever is greater, of
 7603  the financial aid fees collected may be used to assist students
 7604  who demonstrate academic merit; who participate in athletics,
 7605  public service, cultural arts, and other extracurricular
 7606  programs as determined by the institution; or who are identified
 7607  as members of a targeted gender or ethnic minority population.
 7608  The financial aid fee revenues allocated for athletic
 7609  scholarships and any fee exemptions provided to athletes
 7610  pursuant to s. 1009.25(2) must be distributed equitably as
 7611  required by s. 1000.05(3)(d). A minimum of 75 percent of the
 7612  balance of these funds for new awards shall be used to provide
 7613  financial aid based on absolute need, and the remainder of the
 7614  funds shall be used for academic merit purposes and other
 7615  purposes approved by the boards of trustees. Such other purposes
 7616  shall include the payment of child care fees for students with
 7617  financial need. The State Board of Education shall develop
 7618  criteria for making financial aid awards. Each college shall
 7619  report annually to the Department of Education on the revenue
 7620  collected pursuant to this paragraph, the amount carried
 7621  forward, the criteria used to make awards, the amount and number
 7622  of awards for each criterion, and a delineation of the
 7623  distribution of such awards. The report shall include an
 7624  assessment by category of the financial need of every student
 7625  who receives an award, regardless of the purpose for which the
 7626  award is received. Awards that are based on financial need shall
 7627  be distributed in accordance with a nationally recognized system
 7628  of need analysis approved by the State Board of Education. An
 7629  award for academic merit requires a minimum overall grade point
 7630  average of 3.0 on a 4.0 scale or the equivalent for both initial
 7631  receipt of the award and renewal of the award.
 7632         (d) These funds may not be used for direct or indirect
 7633  administrative purposes or salaries.
 7634         (9) Any Florida Community College System institution that
 7635  reports students who have not paid fees in an approved manner in
 7636  calculations of full-time equivalent enrollments for state
 7637  funding purposes shall be penalized at a rate equal to two times
 7638  the value of such enrollments. Such penalty shall be charged
 7639  against the following year’s allocation from the Florida
 7640  Community College System Program Fund and shall revert to the
 7641  General Revenue Fund.
 7642         (10) Each Florida Community College System institution
 7643  board of trustees is authorized to establish a separate fee for
 7644  technology, which may not exceed 5 percent of tuition per credit
 7645  hour or credit-hour equivalent for resident students and may not
 7646  exceed 5 percent of tuition and the out-of-state fee per credit
 7647  hour or credit-hour equivalent for nonresident students.
 7648  Revenues generated from the technology fee shall be used to
 7649  enhance instructional technology resources for students and
 7650  faculty. The technology fee may apply to both college credit and
 7651  developmental education and may shall not be included in an any
 7652  award under the Florida Bright Futures Scholarship Program,
 7653  except as authorized for the Florida Academic Scholars award
 7654  under s. 1009.534. Fifty percent of technology fee revenues may
 7655  be pledged by a Florida Community College System institution
 7656  board of trustees as a dedicated revenue source for the
 7657  repayment of debt, including lease-purchase agreements, not to
 7658  exceed the useful life of the asset being financed. Revenues
 7659  generated from the technology fee may not be bonded.
 7660         (11)(a) Each Florida Community College System institution
 7661  board of trustees may establish a separate fee for capital
 7662  improvements, technology enhancements, equipping student
 7663  buildings, or the acquisition of improved real property which
 7664  may not exceed 20 percent of tuition for resident students or 20
 7665  percent of the sum of tuition and out-of-state fees for
 7666  nonresident students. The fee for resident students shall be
 7667  limited to an increase of $2 per credit hour over the prior
 7668  year. Funds collected by Florida Community College System
 7669  institutions through the fee may be bonded only as provided in
 7670  this subsection for the purpose of financing or refinancing new
 7671  construction and equipment, renovation, remodeling of
 7672  educational facilities, or the acquisition and renovation or
 7673  remodeling of improved real property for use as educational
 7674  facilities. The fee shall be collected as a component part of
 7675  the tuition and fees, paid into a separate account, and expended
 7676  only to acquire improved real property or construct and equip,
 7677  maintain, improve, or enhance the educational facilities of the
 7678  Florida Community College System institution. Projects and
 7679  acquisitions of improved real property funded through the use of
 7680  the capital improvement fee shall meet the survey and
 7681  construction requirements of chapter 1013. Pursuant to s.
 7682  216.0158, each Florida Community College System institution
 7683  shall identify each project, including maintenance projects,
 7684  proposed to be funded in whole or in part by such fee.
 7685         (b) Capital improvement fee revenues may be pledged by a
 7686  board of trustees as a dedicated revenue source to the repayment
 7687  of debt, including lease-purchase agreements, with an overall
 7688  term of not more than 7 years, including renewals, extensions,
 7689  and refundings, and revenue bonds with a term not exceeding 20
 7690  annual maturities and not exceeding the useful life of the asset
 7691  being financed, only for financing or refinancing of the new
 7692  construction and equipment, renovation, or remodeling of
 7693  educational facilities. Bonds authorized pursuant to this
 7694  subsection shall be requested by the Florida Community College
 7695  System institution board of trustees and shall be issued by the
 7696  Division of Bond Finance in compliance with s. 11(d), Art. VII
 7697  of the State Constitution and the State Bond Act. The Division
 7698  of Bond Finance may pledge fees collected by one or more Florida
 7699  Community College System institutions to secure such bonds. Any
 7700  project included in the approved educational plant survey
 7701  pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.
 7702  VII of the State Constitution.
 7703         (c) Bonds issued pursuant to this subsection may be
 7704  validated in the manner provided by chapter 75. Only the initial
 7705  series of bonds is required to be validated. The complaint for
 7706  such validation shall be filed in the circuit court of the
 7707  county where the seat of state government is situated, the
 7708  notice required to be published by s. 75.06 shall be published
 7709  only in the county where the complaint is filed, and the
 7710  complaint and order of the circuit court shall be served only on
 7711  the state attorney of the circuit in which the action is
 7712  pending.
 7713         (d) A maximum of 15 percent may be allocated from the
 7714  capital improvement fee for child care centers conducted by the
 7715  Florida Community College System institution. The use of capital
 7716  improvement fees for such purpose shall be subordinate to the
 7717  payment of any bonds secured by the fees.
 7718         (e) The state does hereby covenant with the holders of the
 7719  bonds issued under this subsection that it will not take any
 7720  action that will materially and adversely affect the rights of
 7721  such holders so long as the bonds authorized by this subsection
 7722  are outstanding.
 7723         (12)(a) In addition to tuition, out-of-state, financial
 7724  aid, capital improvement, student activity and service, and
 7725  technology fees authorized in this section, each Florida
 7726  Community College System institution board of trustees is
 7727  authorized to establish fee schedules for the following user
 7728  fees and fines: laboratory fees, which do not apply to a
 7729  distance learning course; parking fees and fines; library fees
 7730  and fines; fees and fines relating to facilities and equipment
 7731  use or damage; access or identification card fees; duplicating,
 7732  photocopying, binding, or microfilming fees; standardized
 7733  testing fees; diploma replacement fees; transcript fees;
 7734  application fees; graduation fees; and late fees related to
 7735  registration and payment. Such user fees and fines shall not
 7736  exceed the cost of the services provided and shall only be
 7737  charged to persons receiving the service. A Florida Community
 7738  College System institution may not charge any fee except as
 7739  authorized by law. Parking fee revenues may be pledged by a
 7740  Florida Community College System institution board of trustees
 7741  as a dedicated revenue source for the repayment of debt,
 7742  including lease-purchase agreements, with an overall term of not
 7743  more than 7 years, including renewals, extensions, and
 7744  refundings, and revenue bonds with a term not exceeding 20 years
 7745  and not exceeding the useful life of the asset being financed.
 7746  Florida Community College System institutions shall use the
 7747  services of the Division of Bond Finance of the State Board of
 7748  Administration to issue any revenue bonds authorized by this
 7749  subsection. Any such bonds issued by the Division of Bond
 7750  Finance shall be in compliance with the provisions of the State
 7751  Bond Act. Bonds issued pursuant to the State Bond Act may be
 7752  validated in the manner established in chapter 75. The complaint
 7753  for such validation shall be filed in the circuit court of the
 7754  county where the seat of state government is situated, the
 7755  notice required to be published by s. 75.06 shall be published
 7756  only in the county where the complaint is filed, and the
 7757  complaint and order of the circuit court shall be served only on
 7758  the state attorney of the circuit in which the action is
 7759  pending.
 7760         (b) The State Board of Community Colleges Education may
 7761  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 7762  this subsection.
 7763         (13) The State Board of Community Colleges Education shall
 7764  specify, as necessary, by rule, approved methods of student fee
 7765  payment. Such methods shall include, but not be limited to,
 7766  student fee payment; payment through federal, state, or
 7767  institutional financial aid; and employer fee payments.
 7768         (14) Each Florida Community College System institution
 7769  board of trustees shall report only those students who have
 7770  actually enrolled in instruction provided or supervised by
 7771  instructional personnel under contract with the Florida
 7772  Community College System institution in calculations of actual
 7773  full-time equivalent enrollments for state funding purposes. No
 7774  student who has been exempted from taking a course or who has
 7775  been granted academic or career credit through means other than
 7776  actual coursework completed at the granting institution shall be
 7777  calculated for enrollment in the course from which he or she has
 7778  been exempted or granted credit. Florida Community College
 7779  System institutions that report enrollments in violation of this
 7780  subsection shall be penalized at a rate equal to two times the
 7781  value of such enrollments. Such penalty shall be charged against
 7782  the following year’s allocation from the Florida Community
 7783  College System Program Fund and shall revert to the General
 7784  Revenue Fund.
 7785         (15) Each Florida Community College System institution may
 7786  assess a service charge for the payment of tuition and fees in
 7787  installments and a convenience fee for the processing of
 7788  automated or online credit card payments. However, the amount of
 7789  the convenience fee may not exceed the total cost charged by the
 7790  credit card company to the Florida Community College System
 7791  institution. Such service charge or convenience fee must be
 7792  approved by the Florida Community College System institution
 7793  board of trustees.
 7794         (16)(a) Each Florida Community College System institution
 7795  may assess a student who enrolls in a course listed in the
 7796  distance learning catalog, established pursuant to s. 1006.735,
 7797  a per-credit-hour distance learning course user fee. For
 7798  purposes of assessing this fee, a distance learning course is a
 7799  course in which at least 80 percent of the direct instruction of
 7800  the course is delivered using some form of technology when the
 7801  student and instructor are separated by time or space, or both.
 7802         (b) The amount of the distance learning course user fee may
 7803  not exceed the additional costs of the services provided which
 7804  are attributable to the development and delivery of the distance
 7805  learning course. If a Florida Community College System
 7806  institution assesses the distance learning course user fee, the
 7807  institution may not assess any other fees to cover the
 7808  additional costs. By September 1 of each year, each board of
 7809  trustees shall report to the State Board of Community Colleges
 7810  Division of Florida Colleges the total amount of revenue
 7811  generated by the distance learning course user fee for the prior
 7812  fiscal year and how the revenue was expended.
 7813         (c) If an institution assesses the distance learning fee,
 7814  the institution must provide a link to the catalog within the
 7815  advising and distance learning sections of the institution’s
 7816  website, using a graphic and description provided by the
 7817  Complete Florida Plus Program, to inform students of the
 7818  catalog.
 7819         (17) Each Florida Community College System institution that
 7820  accepts transient students, pursuant to s. 1006.735, may
 7821  establish a transient student fee not to exceed $5 per course
 7822  for processing the transient student admissions application.
 7823         (18)(a) The Board of Trustees of Santa Fe College may
 7824  establish a transportation access fee. Revenue from the fee may
 7825  be used only to provide or improve access to transportation
 7826  services for students enrolled at Santa Fe College. The fee may
 7827  not exceed $6 per credit hour. An increase in the transportation
 7828  access fee may occur only once each fiscal year and must be
 7829  implemented beginning with the fall term. A referendum must be
 7830  held by the student government to approve the application of the
 7831  fee.
 7832         (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
 7833  the transportation access fee authorized under paragraph (a) may
 7834  not be included in calculating the amount a student receives for
 7835  a Florida Academic Scholars award, a Florida Medallion Scholars
 7836  award, or a Florida Gold Seal Vocational Scholars award.
 7837         (19) The State Board of Community Colleges Education shall
 7838  adopt a rule specifying the definitions and procedures to be
 7839  used in the calculation of the percentage of cost paid by
 7840  students. The rule must provide for the calculation of the full
 7841  cost of educational programs based on the allocation of all
 7842  funds provided through the general current fund to programs of
 7843  instruction, and other activities as provided in the annual
 7844  expenditure analysis. The rule shall be developed in
 7845  consultation with the Legislature.
 7846         (20) Each Florida Community College System institution
 7847  shall publicly notice and notify all enrolled students of any
 7848  proposal to increase tuition or fees at least 28 days before its
 7849  consideration at a board of trustees meeting. The notice must:
 7850         (a) Include the date and time of the meeting at which the
 7851  proposal will be considered.
 7852         (b) Specifically outline the details of existing tuition
 7853  and fees, the rationale for the proposed increase, and how the
 7854  funds from the proposed increase will be used.
 7855         (c) Be posted on the institution’s website and issued in a
 7856  press release.
 7857         Section 128. Effective July 1, 2017, subsection (13),
 7858  paragraphs (a) and (b) of subsection (15), and paragraph (b) of
 7859  subsection (16) of section 1009.24, Florida Statutes, are
 7860  amended to read:
 7861         1009.24 State university student fees.—
 7862         (13) Each university board of trustees may establish a
 7863  technology fee of up to 5 percent of the tuition per credit
 7864  hour. The revenue from this fee shall be used to enhance
 7865  instructional technology resources for students and faculty. The
 7866  technology fee may not be included in an any award under the
 7867  Florida Bright Futures Scholarship Program established pursuant
 7868  to ss. 1009.53-1009.538, except as authorized for the Florida
 7869  Academic Scholars award under s. 1009.534.
 7870         (15)(a) The Board of Governors may approve:
 7871         1. A proposal from a university board of trustees to
 7872  establish a new student fee that is not specifically authorized
 7873  by this section.
 7874         2. A proposal from a university board of trustees to
 7875  increase the current cap for an existing fee authorized pursuant
 7876  to paragraphs (14)(a)-(g).
 7877         3.a. A proposal from a university board of trustees to
 7878  implement flexible tuition policies, such as undergraduate or
 7879  graduate block tuition, block tuition differential, or market
 7880  tuition rates for graduate-level online courses or graduate
 7881  level courses offered through a university’s continuing
 7882  education program. A block tuition policy for resident
 7883  undergraduate students or undergraduate-level courses must shall
 7884  be based on the per-credit-hour undergraduate tuition
 7885  established under subsection (4). A block tuition policy for
 7886  nonresident undergraduate students must shall be based on the
 7887  per-credit-hour undergraduate tuition and out-of-state fee
 7888  established under subsection (4). Flexible tuition policies,
 7889  including block tuition, may not increase the state’s fiscal
 7890  liability or obligation.
 7891         b. A block tuition policy must be adopted by each
 7892  university board of trustees for implementation beginning in the
 7893  fall 2018 academic semester. The policy must apply to the
 7894  entering freshman class of full-time, first-time-in-college
 7895  students and may be extended to include other enrolled students.
 7896  The policy must meet the following criteria:
 7897         (I) The policy must include block tuition and any required
 7898  fees, including, but not limited to, activity and service fees,
 7899  financial aid fees, capital improvement fees, health fees, and
 7900  technology fees.
 7901         (II) The policy must require the university to maximize the
 7902  application of appropriate accelerated credits to minimize
 7903  unnecessary credits and excess hours.
 7904         (III) The policy must enable students to have the
 7905  flexibility to earn credits across all terms of the entire
 7906  academic year.
 7907         (b) A proposal developed pursuant to paragraph (a) shall be
 7908  submitted in accordance with the public notification
 7909  requirements of subsection (20) and guidelines established by
 7910  the Board of Governors. Approval by the Board of Governors of
 7911  such proposals proposal must be made in accordance with the
 7912  provisions of this subsection. By October 1, 2017, each state
 7913  university board of trustees shall adopt a block tuition and fee
 7914  policy, pursuant to subparagraph (a)3., for implementation by
 7915  the fall 2018 academic semester and submit the policy,
 7916  including, but not limited to, information on the potential
 7917  impact of the policy on students, to the Board of Governors. By
 7918  December 1, 2017, the Chancellor of the State University System
 7919  shall submit to the Governor, the President of the Senate, and
 7920  the Speaker of the House of Representatives a summary report of
 7921  such policies, the status of the board’s review and approval of
 7922  such policies, and the board’s recommendations for improving
 7923  block tuition and fee benefits for students.
 7924         (16) Each university board of trustees may establish a
 7925  tuition differential for undergraduate courses upon receipt of
 7926  approval from the Board of Governors. However, beginning July 1,
 7927  2014, the Board of Governors may only approve the establishment
 7928  of or an increase in tuition differential for a state research
 7929  university designated as a preeminent state research university
 7930  pursuant to s. 1001.7065(3). The tuition differential shall
 7931  promote improvements in the quality of undergraduate education
 7932  and shall provide financial aid to undergraduate students who
 7933  exhibit financial need.
 7934         (b) Each tuition differential is subject to the following
 7935  conditions:
 7936         1. The tuition differential may be assessed on one or more
 7937  undergraduate courses or on all undergraduate courses at a state
 7938  university.
 7939         2. The tuition differential may vary by course or courses,
 7940  by campus or center location, and by institution. Each
 7941  university board of trustees shall strive to maintain and
 7942  increase enrollment in degree programs related to math, science,
 7943  high technology, and other state or regional high-need fields
 7944  when establishing tuition differentials by course.
 7945         3. For each state university that is designated as a
 7946  preeminent state research university by the Board of Governors,
 7947  pursuant to s. 1001.7065, the aggregate sum of tuition and the
 7948  tuition differential may be increased by no more than 6 percent
 7949  of the total charged for the aggregate sum of these fees in the
 7950  preceding fiscal year. The tuition differential may be increased
 7951  if the university meets or exceeds performance standard targets
 7952  for that university established annually by the Board of
 7953  Governors for the following performance standards, amounting to
 7954  no more than a 2-percent increase in the tuition differential
 7955  for each performance standard:
 7956         a. An increase in the 4-year 6-year graduation rate for
 7957  full-time, first-time-in-college students, as calculated by the
 7958  Board of Governors reported annually to the Integrated
 7959  Postsecondary Education Data System.
 7960         b. An increase in the total annual research expenditures.
 7961         c. An increase in the total patents awarded by the United
 7962  States Patent and Trademark Office for the most recent years.
 7963         4. The aggregate sum of undergraduate tuition and fees per
 7964  credit hour, including the tuition differential, may not exceed
 7965  the national average of undergraduate tuition and fees at 4-year
 7966  degree-granting public postsecondary educational institutions.
 7967         5. The tuition differential shall not be included in an any
 7968  award under the Florida Bright Futures Scholarship Program
 7969  established pursuant to ss. 1009.53-1009.538, except as
 7970  authorized for the Florida Academic Scholars award under s.
 7971  1009.534.
 7972         6. Beneficiaries having prepaid tuition contracts pursuant
 7973  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
 7974  which remain in effect, are exempt from the payment of the
 7975  tuition differential.
 7976         7. The tuition differential may not be charged to any
 7977  student who was in attendance at the university before July 1,
 7978  2007, and who maintains continuous enrollment.
 7979         8. The tuition differential may be waived by the university
 7980  for students who meet the eligibility requirements for the
 7981  Florida public student assistance grant established in s.
 7982  1009.50.
 7983         9. Subject to approval by the Board of Governors, the
 7984  tuition differential authorized pursuant to this subsection may
 7985  take effect with the 2009 fall term.
 7986         Section 129. Effective July 1, 2017, subsection (9) of
 7987  section 1009.53, Florida Statutes, is amended to read:
 7988         1009.53 Florida Bright Futures Scholarship Program.—
 7989         (9) A student may use an award for summer term enrollment
 7990  if funds are available, including funds appropriated in the
 7991  General Appropriations Act to support, at a minimum, summer term
 7992  enrollment for a Florida Academic Scholars award.
 7993         Section 130. Effective July 1, 2017, subsection (2) of
 7994  section 1009.534, Florida Statutes, is amended to read:
 7995         1009.534 Florida Academic Scholars award.—
 7996         (2) A Florida Academic Scholar who is enrolled in a
 7997  certificate, diploma, associate, or baccalaureate degree program
 7998  at a public or nonpublic postsecondary education institution is
 7999  eligible, beginning in the fall 2017 academic semester, for an
 8000  award equal to the amount required to pay 100 percent of tuition
 8001  and fees established under ss. 1009.22(3), (5), (6), and (7);
 8002  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
 8003  (13), (14)(r), and (16), as applicable, and is eligible for an
 8004  additional $300 each fall and spring academic semester or the
 8005  equivalent for textbooks and college-related specified in the
 8006  General Appropriations Act to assist with the payment of
 8007  educational expenses.
 8008         Section 131. Effective July 1, 2017, subsection (2) of
 8009  section 1009.701, Florida Statutes, is amended to read:
 8010         1009.701 First Generation Matching Grant Program.—
 8011         (2) Funds appropriated by the Legislature for the program
 8012  shall be allocated by the Office of Student Financial Assistance
 8013  to match private contributions at on a ratio of $2 of state
 8014  funds to $1 of private contributions dollar-for-dollar basis.
 8015  Contributions made to a state university and pledged for the
 8016  purposes of this section are eligible for state matching funds
 8017  appropriated for this program and are not eligible for any other
 8018  state matching grant program. Pledged contributions are not
 8019  eligible for matching prior to the actual collection of the
 8020  total funds. The Office of Student Financial Assistance shall
 8021  reserve a proportionate allocation of the total appropriated
 8022  funds for each state university on the basis of full-time
 8023  equivalent enrollment. Funds that remain unmatched as of
 8024  December 1 shall be reallocated to state universities that have
 8025  remaining unmatched private contributions for the program on the
 8026  basis of full-time equivalent enrollment.
 8027         Section 132. Effective July 1, 2017, section 1009.89,
 8028  Florida Statutes, is amended to read:
 8029         1009.89 The William L. Boyd, IV, Effective Access to
 8030  Student Education Florida resident access grants.—
 8031         (1) The Legislature finds and declares that independent
 8032  nonprofit colleges and universities eligible to participate in
 8033  the William L. Boyd, IV, Effective Access to Student Education
 8034  Florida Resident Access Grant Program are an integral part of
 8035  the higher education system in this state and that a significant
 8036  number of state residents choose this form of higher education.
 8037  The Legislature further finds that a strong and viable system of
 8038  independent nonprofit colleges and universities reduces the tax
 8039  burden on the citizens of the state. Because the William L.
 8040  Boyd, IV, Effective Access to Student Education Florida Resident
 8041  Access Grant Program is not related to a student’s financial
 8042  need or other criteria upon which financial aid programs are
 8043  based, it is the intent of the Legislature that the William L.
 8044  Boyd, IV, Effective Access to Student Education Florida Resident
 8045  Access Grant Program not be considered a financial aid program
 8046  but rather a tuition assistance program for its citizens.
 8047         (2) The William L. Boyd, IV, Effective Access to Student
 8048  Education Florida Resident Access Grant Program shall be
 8049  administered by the Department of Education. The State Board of
 8050  Education shall adopt rules for the administration of the
 8051  program.
 8052         (3) The department shall issue through the program a
 8053  William L. Boyd, IV, Effective Access to Student Education
 8054  Florida resident access grant to any full-time degree-seeking
 8055  undergraduate student registered at an independent nonprofit
 8056  college or university which is located in and chartered by the
 8057  state; which is accredited by the Commission on Colleges of the
 8058  Southern Association of Colleges and Schools; which grants
 8059  baccalaureate degrees; which is not a state university or
 8060  Florida Community College System institution; and which has a
 8061  secular purpose, so long as the receipt of state aid by students
 8062  at the institution would not have the primary effect of
 8063  advancing or impeding religion or result in an excessive
 8064  entanglement between the state and any religious sect. Any
 8065  independent college or university that was eligible to receive
 8066  tuition vouchers on January 1, 1989, and which continues to meet
 8067  the criteria under which its eligibility was established, shall
 8068  remain eligible to receive William L. Boyd, IV, Effective Access
 8069  to Student Education Florida resident access grant payments.
 8070         (4) A person is eligible to receive such William L. Boyd,
 8071  IV, Effective Access to Student Education Florida resident
 8072  access grant if:
 8073         (a) He or she meets the general requirements, including
 8074  residency, for student eligibility as provided in s. 1009.40,
 8075  except as otherwise provided in this section; and
 8076         (b)1. He or she is enrolled as a full-time undergraduate
 8077  student at an eligible college or university;
 8078         2. He or she is not enrolled in a program of study leading
 8079  to a degree in theology or divinity; and
 8080         3. He or she is making satisfactory academic progress as
 8081  defined by the college or university in which he or she is
 8082  enrolled.
 8083         (5)(a) Funding for the William L. Boyd, IV, Effective
 8084  Access to Student Education Florida Resident Access Grant
 8085  Program for eligible institutions shall be as provided in the
 8086  General Appropriations Act. The William L. Boyd, IV, Effective
 8087  Access to Student Education Florida resident access grant may be
 8088  paid on a prorated basis in advance of the registration period.
 8089  The department shall make such payments to the college or
 8090  university in which the student is enrolled for credit to the
 8091  student’s account for payment of tuition and fees. Institutions
 8092  shall certify to the department the amount of funds disbursed to
 8093  each student and shall remit to the department any undisbursed
 8094  advances or refunds within 60 days of the end of regular
 8095  registration. A student is not eligible to receive the award for
 8096  more than 9 semesters or 14 quarters, except as otherwise
 8097  provided in s. 1009.40(3).
 8098         (b) If the combined amount of the William L. Boyd, IV,
 8099  Effective Access to Student Education Florida resident access
 8100  grant issued pursuant to this act and all other scholarships and
 8101  grants for tuition or fees exceeds the amount charged to the
 8102  student for tuition and fees, the department shall reduce the
 8103  William L. Boyd, IV, Effective Access to Student Education
 8104  Florida resident access grant issued pursuant to this act by an
 8105  amount equal to such excess.
 8106         (6) If the number of eligible students exceeds the total
 8107  authorized in the General Appropriations Act, an institution may
 8108  use its own resources to assure that each eligible student
 8109  receives the full benefit of the grant amount authorized.
 8110         Section 133. Effective July 1, 2017, subsections (2), (4),
 8111  and (5) of section 1009.893, Florida Statutes, are amended to
 8112  read:
 8113         1009.893 Benacquisto Scholarship Program.—
 8114         (2) The Benacquisto Scholarship Program is created to
 8115  reward a any Florida high school graduate who receives
 8116  recognition as a National Merit Scholar or National Achievement
 8117  Scholar and who initially enrolls in the 2014-2015 academic year
 8118  or, later, in a baccalaureate degree program at an eligible
 8119  Florida public or independent postsecondary educational
 8120  institution.
 8121         (4) In order to be eligible for an award under the
 8122  scholarship program, a student must meet the requirements of
 8123  paragraph (a) or paragraph (b).:
 8124         (a) A student who is a resident of the state, Be a state
 8125  resident as determined in s. 1009.40 and rules of the State
 8126  Board of Education, must:;
 8127         1.(b) Earn a standard Florida high school diploma or its
 8128  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
 8129  or s. 1003.435 unless:
 8130         a.1. The student completes a home education program
 8131  according to s. 1002.41; or
 8132         b.2. The student earns a high school diploma from a non
 8133  Florida school while living with a parent who is on military or
 8134  public service assignment out of this state;
 8135         2.(c) Be accepted by and enroll in a Florida public or
 8136  independent postsecondary educational institution that is
 8137  regionally accredited; and
 8138         3.(d) Be enrolled full-time in a baccalaureate degree
 8139  program at an eligible regionally accredited Florida public or
 8140  independent postsecondary educational institution during the
 8141  fall academic term following high school graduation.
 8142         (b) A student who initially enrolls in a baccalaureate
 8143  degree program in the 2017-2018 academic year or later and who
 8144  is not a resident of this state, as determined pursuant to s.
 8145  1009.40 and rules of the State Board of Education, must:
 8146         1. Physically reside in this state on or near the campus of
 8147  the postsecondary educational institution in which the student
 8148  is enrolled;
 8149         2. Earn a high school diploma from a school outside Florida
 8150  which is comparable to a standard Florida high school diploma or
 8151  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
 8152  1003.4282, or s. 1003.435 or must complete a home education
 8153  program in another state; and
 8154         3. Be accepted by and enrolled full-time in a baccalaureate
 8155  degree program at an eligible regionally accredited Florida
 8156  public or independent postsecondary educational institution
 8157  during the fall academic term following high school graduation.
 8158         (5)(a)1. An eligible student who meets the requirements of
 8159  paragraph (4)(a), who is a National Merit Scholar or National
 8160  Achievement Scholar, and who attends a Florida public
 8161  postsecondary educational institution shall receive a
 8162  scholarship award equal to the institutional cost of attendance
 8163  minus the sum of the student’s Florida Bright Futures
 8164  Scholarship and National Merit Scholarship or National
 8165  Achievement Scholarship.
 8166         2. An eligible student who meets the requirements under
 8167  paragraph (4)(b), who is a National Merit Scholar, and who
 8168  attends a Florida public postsecondary educational institution
 8169  shall receive a scholarship award equal to the institutional
 8170  cost of attendance for a resident of this state less the
 8171  student’s National Merit Scholarship. Such student is exempt
 8172  from the payment of out-of-state fees.
 8173         (b) An eligible student who is a National Merit Scholar or
 8174  National Achievement Scholar and who attends a Florida
 8175  independent postsecondary educational institution shall receive
 8176  a scholarship award equal to the highest cost of attendance for
 8177  a resident of this state enrolled at a Florida public
 8178  university, as reported by the Board of Governors of the State
 8179  University System, minus the sum of the student’s Florida Bright
 8180  Futures Scholarship and National Merit Scholarship or National
 8181  Achievement Scholarship.
 8182         Section 134. Effective July 1, 2017, section 1009.894,
 8183  Florida Statutes, is created to read:
 8184         1009.894 Florida Farmworker Student Scholarship Program.
 8185  The Legislature recognizes the vital contribution of farmworkers
 8186  to the economy of this state. The Florida Farmworker Student
 8187  Scholarship Program is created to provide scholarships for
 8188  farmworkers, as defined in s. 420.503, and the children of such
 8189  farmworkers.
 8190         (1) The Department of Education shall administer the
 8191  Florida Farmworker Student Scholarship Program according to
 8192  rules and procedures established by the State Board of
 8193  Education. Up to 50 scholarships shall be awarded annually
 8194  according to the criteria established in subsection (2) and
 8195  contingent upon an appropriation in the General Appropriations
 8196  Act.
 8197         (2)(a) To be eligible for an initial scholarship, a student
 8198  must, at a minimum:
 8199         1. Have a resident status as required by s. 1009.40 and
 8200  rules of the State Board of Education;
 8201         2. Earn a minimum cumulative 3.5 weighted grade point
 8202  average for all high school courses creditable towards a
 8203  diploma;
 8204         3. Complete a minimum of 30 hours of community service; and
 8205         4. Have at least a 90 percent attendance rate and not have
 8206  had any disciplinary action brought against him or her, as
 8207  documented on the student’s high school transcript.
 8208  
 8209  For purposes of this section, undocumented immigrants are not
 8210  eligible for an award.
 8211         (b) The department shall rank eligible initial applicants
 8212  for the purposes of awarding scholarships based on need, as
 8213  determined by the department.
 8214         (c) In order to renew a scholarship awarded pursuant to
 8215  this section, a student must maintain at least a cumulative
 8216  grade point average of 2.5 or higher on a 4.0 scale for college
 8217  coursework.
 8218         (3) A scholarship recipient must enroll in a minimum of 12
 8219  credit hours per term, or the equivalent, at a public
 8220  postsecondary educational institution in this state to receive
 8221  funding.
 8222         (4) A scholarship recipient may receive an award for a
 8223  maximum of 100 percent of the number of credit hours required to
 8224  complete an associate or baccalaureate degree program or receive
 8225  an award for a maximum of 100 percent of the credit hours or
 8226  clock hours required to complete up to 90 credit hours of a
 8227  program that terminates in a career certificate. The scholarship
 8228  recipient is eligible for an award equal to the amount required
 8229  to pay the tuition and fees established under ss. 1009.22(3),
 8230  (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
 8231  and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
 8232  public postsecondary educational institution in this state.
 8233  Renewal scholarships must take precedence over new awards in a
 8234  year in which funds are not sufficient to accommodate both
 8235  initial and renewal awards. The scholarship must be prorated for
 8236  any such year.
 8237         (5) Subject to appropriation in the General Appropriations
 8238  Act, the department shall annually issue awards from the
 8239  scholarship program. Before the registration period each
 8240  semester, the department shall transmit payment for each award
 8241  to the president or director of the postsecondary educational
 8242  institution, or his or her representative. However, the
 8243  department may withhold payment if the receiving institution
 8244  fails to submit the following reports or make the following
 8245  refunds to the department:
 8246         (a) Each institution shall certify to the department the
 8247  eligibility status of each student to receive a disbursement
 8248  within 30 days before the end of its regular registration
 8249  period, inclusive of a drop and add period. An institution is
 8250  not required to reevaluate the student eligibility after the end
 8251  of the drop and add period.
 8252         (b) An institution that receives funds from the scholarship
 8253  program must certify to the department the amount of funds
 8254  disbursed to each student and remit to the department any
 8255  undisbursed advance within 60 days after the end of the regular
 8256  registration period.
 8257         (6) The department shall allocate funds to the appropriate
 8258  institutions and collect and maintain data regarding the
 8259  scholarship program within the student financial assistance
 8260  database as specified in s. 1009.94.
 8261         (7) Funding for this program shall be as provided in the
 8262  General Appropriations Act.
 8263         Section 135. Effective July 1, 2017, present paragraphs (e)
 8264  and (f) of subsection (10) of section 1009.98, Florida Statutes,
 8265  are redesignated as paragraphs (f) and (g), respectively, and a
 8266  new paragraph (e) is added to that subsection, to read:
 8267         1009.98 Stanley G. Tate Florida Prepaid College Program.—
 8268         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
 8269         (e) Notwithstanding the number of credit hours used by a
 8270  state university to assess the amount for registration fees, the
 8271  tuition differential, or local fees, the amount paid by the
 8272  board to any state university on behalf of a qualified
 8273  beneficiary of an advance payment contract purchased before July
 8274  1, 2024, may not exceed the number of credit hours taken by that
 8275  qualified beneficiary at a state university.
 8276         Section 136. Effective July 1, 2017, section 1013.79,
 8277  Florida Statutes, is amended to read:
 8278         1013.79 University Facility Enhancement Challenge Grant
 8279  Program.—
 8280         (1) The Legislature recognizes that the universities do not
 8281  have sufficient physical facilities to meet the current demands
 8282  of their instructional and research programs. It further
 8283  recognizes that, to strengthen and enhance universities, it is
 8284  necessary to provide facilities in addition to those currently
 8285  available from existing revenue sources. It further recognizes
 8286  that there are sources of private support that, if matched with
 8287  state support, can assist in constructing much-needed facilities
 8288  and strengthen the commitment of citizens and organizations in
 8289  promoting excellence throughout the state universities.
 8290  Therefore, it is the intent of the Legislature to establish a
 8291  trust fund to provide the opportunity for each university to
 8292  receive support for challenge grants for instructional and
 8293  research-related capital facilities within the university.
 8294         (2) There is established the Alec P. Courtelis University
 8295  Facility Enhancement Challenge Grant Program for the purpose of
 8296  assisting universities build high priority instructional and
 8297  research-related capital facilities, including common areas
 8298  connecting such facilities. The associated foundations that
 8299  serve the universities shall solicit gifts from private sources
 8300  to provide matching funds for capital facilities. For the
 8301  purposes of this act, private sources of funds may shall not
 8302  include any federal, state, or local government funds that a
 8303  university may receive.
 8304         (3)(a) There is established the Alec P. Courtelis Capital
 8305  Facilities Matching Trust Fund to facilitate the development of
 8306  high priority instructional and research-related capital
 8307  facilities, including common areas connecting such facilities,
 8308  within a university. All appropriated funds deposited into the
 8309  trust fund shall be invested pursuant to s. 17.61. Interest
 8310  income accruing to that portion of the trust fund shall increase
 8311  the total funds available for the challenge grant program.
 8312         (b) Effective July 1, 2009, the Alec P. Courtelis Capital
 8313  Facilities Matching Trust Fund is terminated.
 8314         (c) The State Board of Education shall pay any outstanding
 8315  debts and obligations of the terminated fund as soon as
 8316  practicable, and the Chief Financial Officer shall close out and
 8317  remove the terminated funds from various state accounting
 8318  systems using generally accepted accounting principles
 8319  concerning warrants outstanding, assets, and liabilities.
 8320         (d) By June 30, 2008, all private funds and associated
 8321  interest earnings held in the Alec P. Courtelis Capital
 8322  Facilities Matching Trust Fund shall be transferred to the
 8323  originating university’s individual program account.
 8324         (3)(4) Each university shall establish, pursuant to s.
 8325  1011.42, a facilities matching grant program account as a
 8326  depository for private contributions provided under this
 8327  section. Once a project is under contract, funds appropriated as
 8328  state matching funds may be transferred to the university’s
 8329  account once the Board of Governors certifies receipt of the
 8330  private matching funds pursuant to subsection (4) (5). State
 8331  funds that are not needed as matching funds for the project for
 8332  which appropriated shall be transferred, together with any
 8333  accrued interest, back to the state fund from which such funds
 8334  were appropriated. The transfer of unneeded state funds must
 8335  shall occur within 30 days after final completion of the project
 8336  or within 30 days after a determination that the project will
 8337  not be completed. The Public Education Capital Outlay and Debt
 8338  Service Trust Fund or the Capital Improvement Trust Fund may
 8339  shall not be used as the source of the state match for private
 8340  contributions. Interest income accruing from the private
 8341  donations shall be returned to the participating foundation upon
 8342  completion of the project.
 8343         (4)(5) A project may not be initiated unless all private
 8344  funds for planning, construction, and equipping the facility
 8345  have been received and deposited in the separate university
 8346  program account designated for this purpose. However, these
 8347  requirements do not preclude the university from expending funds
 8348  derived from private sources to develop a prospectus, including
 8349  preliminary architectural schematics or models, for use in its
 8350  efforts to raise private funds for a facility, and for site
 8351  preparation, planning, and construction. The Board of Governors
 8352  shall establish a method for validating the receipt and deposit
 8353  of private matching funds. The Legislature may appropriate the
 8354  state’s matching funds in one or more fiscal years for the
 8355  planning, construction, and equipping of an eligible facility.
 8356  Each university shall notify all donors of private funds of a
 8357  substantial delay in the availability of state matching funds
 8358  for this program.
 8359         (5)(6) To be eligible to participate in the Alec P.
 8360  Courtelis University Facility Enhancement Challenge Grant
 8361  Program, a university must shall raise a contribution equal to
 8362  one-half of the total cost of a facilities construction project
 8363  from private nongovernmental sources which must shall be matched
 8364  by a state appropriation equal to the amount raised for a
 8365  facilities construction project subject to the General
 8366  Appropriations Act.
 8367         (6)(7) If the state’s share of the required match is
 8368  insufficient to meet the requirements of subsection (5) (6), the
 8369  university must shall renegotiate the terms of the contribution
 8370  with the donors. If the project is terminated, each private
 8371  donation, plus accrued interest, reverts to the foundation for
 8372  remittance to the donor.
 8373         (7)(8) By October 15 of each year, the Board of Governors
 8374  shall transmit to the Legislature a list of projects that meet
 8375  all eligibility requirements to participate in the Alec P.
 8376  Courtelis University Facility Enhancement Challenge Grant
 8377  Program and a budget request that includes the recommended
 8378  schedule necessary to complete each project.
 8379         (8)(9) In order for a project to be eligible under this
 8380  program, it must be included in the university 5-year capital
 8381  improvement plan and must receive approval from the Board of
 8382  Governors or the Legislature.
 8383         (9)(10) A university’s project may not be removed from the
 8384  approved 3-year PECO priority list because of its successful
 8385  participation in this program until approved by the Legislature
 8386  and provided for in the General Appropriations Act. When such a
 8387  project is completed and removed from the list, all other
 8388  projects shall move up on the 3-year PECO priority list. A
 8389  university may shall not use PECO funds, including the Capital
 8390  Improvement Trust Fund fee and the building fee, to complete a
 8391  project under this section.
 8392         (10)(11) The surveys, architectural plans, facility, and
 8393  equipment are shall be the property of the State of Florida. A
 8394  facility constructed pursuant to this section may be named in
 8395  honor of a donor at the option of the university and the Board
 8396  of Governors. A No facility may not shall be named after a
 8397  living person without prior approval by the Legislature.
 8398         (11)(12) Effective July 1, 2011, state matching funds are
 8399  temporarily suspended for donations received for this program on
 8400  or after June 30, 2011. Existing eligible donations remain
 8401  eligible for future matching funds. The program may be restarted
 8402  after $200 million of the backlog for programs under ss.
 8403  1011.32, 1011.85, 1011.94, and this section have been matched.
 8404         (12) Notwithstanding the suspension provision under
 8405  subsection (11), for the 2017-2018 fiscal year and subject to
 8406  the General Appropriations Act, the Legislature may choose to
 8407  prioritize funding for those projects that have matching funds
 8408  available before June 30, 2011, and that have not yet been
 8409  constructed.
 8410         Section 137. Effective July 1, 2017, subsection (3) of
 8411  section 267.062, Florida Statutes, is amended to read:
 8412         267.062 Naming of state buildings and other facilities.—
 8413         (3) Notwithstanding the provisions of subsection (1) or s.
 8414  1013.79(10) s. 1013.79(11), any state building, road, bridge,
 8415  park, recreational complex, or other similar facility of a state
 8416  university may be named for a living person by the university
 8417  board of trustees in accordance with regulations adopted by the
 8418  Board of Governors of the State University System.
 8419         Section 138. The Division of Law Revision and Information
 8420  is directed to prepare a reviser’s bill for the 2018 Regular
 8421  Session to substitute the term “Effective Access to Student
 8422  Education Grant Program” for “Florida Resident Access Grant
 8423  Program” and the term “Effective Access to Student Education
 8424  grant” for “Florida resident access grant” wherever those terms
 8425  appear in the Florida Statutes.
 8426         Section 139. Except as otherwise expressly provided in this
 8427  act and except for this section, which shall take effect upon
 8428  becoming a law, this act shall take effect October 1, 2017.