Florida Senate - 2018                       CS for CS for SB 540
       
       
        
       By the Committees on Appropriations; and Education; and Senator
       Hukill
       
       
       
       
       576-02418-18                                           2018540c2
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; providing
    3         a short title; creating s. 1001.6001, F.S.; creating
    4         the State Board of Colleges; requiring the Governor to
    5         appoint the membership of the state board; providing
    6         that the appointments are subject to confirmation by
    7         the Senate; requiring the Division of Florida Colleges
    8         to provide administrative support to the state board
    9         until a specified date; transferring the Florida
   10         College System and the Division of Florida Colleges to
   11         the state board on a specified date; requiring the
   12         state board to appoint a Chancellor of the Florida
   13         College System by a specified date; amending s. 20.15,
   14         F.S.; removing the Division of Florida Colleges from
   15         within the Department of Education; requiring the
   16         department to provide support to the State Board of
   17         Colleges; creating s. 20.156, F.S.; creating the State
   18         Board of Colleges; assigning the state board to, and
   19         administratively housing the state board within, the
   20         department; providing the personnel for and powers and
   21         duties of the state board; requiring the state board
   22         to conduct an organizational meeting by a specified
   23         date; amending s. 112.313, F.S.; prohibiting citizen
   24         members of the State Board of Colleges or Florida
   25         College System institution boards of trustees from
   26         having an employment or contractual relationship as
   27         specified lobbyists; amending s. 112.3145, F.S.;
   28         revising the term “state officer” to include certain
   29         Florida College System personnel; amending s. 1000.03,
   30         F.S.; revising the function and mission of the Florida
   31         K-20 education system; requiring the State Board of
   32         Colleges to oversee enforcement of Florida College
   33         System laws and rules; amending s. 1000.05, F.S.;
   34         requiring the Chancellor of the Florida College
   35         System, instead of the Commissioner of Education, to
   36         make certain determinations regarding equal
   37         opportunities at Florida College System institutions;
   38         requiring the State Board of Colleges to adopt rules;
   39         amending s. 1001.02, F.S.; revising the general powers
   40         of the State Board of Education to exempt the Florida
   41         College System from certain provisions; deleting
   42         duties of the State Board of Education regarding the
   43         Florida College System; amending s. 1001.03, F.S.;
   44         revising certain articulation accountability and
   45         enforcement measures; requiring the State Board of
   46         Education to collect information in conjunction with
   47         the Board of Governors and the State Board of
   48         Colleges; deleting duties of the State Board of
   49         Education regarding the Florida College System;
   50         amending ss. 1001.10 and 1001.11, F.S.; revising the
   51         general powers and duties of the Commissioner of
   52         Education to exempt the Florida College System from
   53         certain powers and duties; amending s. 1001.20, F.S.;
   54         revising duties of the Office of Inspector General
   55         within the department regarding the Florida College
   56         System; amending s. 1001.28, F.S.; providing that the
   57         powers and duties of the State Board of Colleges are
   58         not abrogated, superseded, altered, or amended by
   59         certain provisions relating to the department’s duties
   60         for distance learning; amending s. 1001.42, F.S.;
   61         prohibiting a technical center governing board from
   62         approving certain courses and programs; amending s.
   63         1001.44, F.S.; providing the primary mission of a
   64         career center operated by a district school board;
   65         prohibiting specified career centers from offering
   66         certain courses and programs; amending s. 1001.60,
   67         F.S.; conforming provisions to changes made by the
   68         act; creating s. 1001.601, F.S.; establishing the
   69         State Board of Colleges; providing the membership of
   70         the board; creating s. 1001.602, F.S.; providing the
   71         responsibilities and duties of the State Board of
   72         Colleges; requiring the state board to coordinate with
   73         the State Board of Education; requiring the state
   74         board, in collaboration with the State Board of
   75         Education, to adopt specified definitions by rule;
   76         amending ss. 1001.61, 1001.64, and 1001.65, F.S.;
   77         conforming provisions to changes made by the act;
   78         amending s. 1001.66, F.S.; revising requirements for
   79         the performance-based metrics used to award Florida
   80         College System institutions with performance-based
   81         incentives; amending s. 1001.67, F.S.; revising the
   82         Distinguished Florida College System Institution
   83         Program excellence standards requirements; amending s.
   84         1001.706, F.S.; revising cooperation duties of the
   85         Board of Governors to include requirements for working
   86         with the State Board of Colleges; amending s. 1002.34,
   87         F.S.; providing the primary mission of a charter
   88         technical career center; prohibiting specified charter
   89         technical career centers from offering certain courses
   90         and programs; providing for rulemaking; amending s.
   91         1003.491, F.S.; revising the Florida Career and
   92         Professional Education Act to require the State Board
   93         of Colleges to recommend, jointly with the Board of
   94         Governors and the Commissioner of Education, certain
   95         deadlines for new core courses; amending s. 1003.493,
   96         F.S.; revising department duties regarding
   97         articulation and the transfer of credits to
   98         postsecondary institutions to include consultation
   99         with the State Board of Colleges; amending s.
  100         1004.015, F.S.; providing that the Higher Education
  101         Coordinating Council serves as an advisory board to,
  102         in addition to other bodies, the State Board of
  103         Colleges; revising council reporting requirements to
  104         include a report to the state board; requiring the
  105         state board to collaborate with the Office of K-20
  106         Articulation to provide administrative support for the
  107         council; amending ss. 1004.02 and 1004.03, F.S.;
  108         conforming provisions to changes made by the act;
  109         amending s. 1004.04, F.S.; revising department
  110         reporting requirements regarding teacher preparation
  111         programs to require a report to the State Board of
  112         Colleges; amending s. 1004.07, F.S.; providing that
  113         the State Board of Colleges, instead of the State
  114         Board of Education, provide guidelines for Florida
  115         College System institution boards of trustees’
  116         policies; amending ss. 1004.084, 1004.085, 1004.096,
  117         1004.0961, 1004.35, and 1004.6495, F.S.; conforming
  118         provisions to changes made by the act; amending s.
  119         1004.65, F.S.; revising Florida College System
  120         institution governance, mission, and responsibilities,
  121         to provide authority and duties to the State Board of
  122         Colleges, instead of the State Board of Education;
  123         providing that offering upper-level instruction and
  124         awarding baccalaureate degrees are a secondary and not
  125         a primary role of a Florida College System
  126         institution; amending s. 1004.67, F.S.; conforming
  127         provisions to changes made by the act; amending s.
  128         1004.70, F.S.; revising requirements for appointments
  129         to the board of directors; prohibiting a Florida
  130         College System institution board of trustees from
  131         authorizing a Florida College System institution
  132         direct-support organization to use personal services
  133         and state funds for travel expenses after a specified
  134         date; deleting an exception to the prohibition on
  135         gifts to a political committee from a Florida College
  136         System institution direct-support organization;
  137         conforming provisions to changes made by the act;
  138         amending s. 1004.71, F.S.; conforming provisions to
  139         changes made by the act; amending s. 1004.74, F.S.;
  140         requiring the Chancellor of the Florida College
  141         System, jointly with the Commissioner of Education, to
  142         appoint members of the Council for the Florida School
  143         for the Arts; amending ss. 1004.78 and 1004.80, F.S.;
  144         conforming provisions to changes made by the act;
  145         amending s. 1004.91, F.S.; requiring the State Board
  146         of Colleges to collaborate with the State Board of
  147         Education to provide certain rules for Florida College
  148         System institutions regarding requirements for career
  149         education program basic skills; amending s. 1004.92,
  150         F.S.; providing accountability for career education
  151         for the State Board of Colleges; revising the
  152         department’s accountability for career education;
  153         requiring the department and the State Board of
  154         Colleges to collaborate to develop certain standards
  155         and benchmarks; requiring the State Board of Education
  156         and the State Board of Colleges to collaborate to
  157         adopt rules; amending s. 1004.925, F.S.; revising
  158         industry certification requirements for automotive
  159         service technology education programs to include rules
  160         adopted by the State Board of Colleges; amending s.
  161         1004.93, F.S.; conforming provisions to changes made
  162         by the act; amending s. 1006.60, F.S.; authorizing
  163         sanctions for violations of certain rules of the State
  164         Board of Colleges, instead of for violations of
  165         certain rules of the State Board of Education;
  166         amending ss. 1006.61, 1006.62, and 1006.71, F.S.;
  167         conforming provisions to changes made by the act;
  168         amending s. 1007.01, F.S.; revising the role of the
  169         State Board of Education and the Board of Governors in
  170         the statewide articulation system to include the State
  171         Board of Colleges and the Chancellor of the Florida
  172         College System; amending s. 1007.23, F.S.; requiring
  173         each Florida College System institution and each state
  174         university to execute at least one “2+2” targeted
  175         pathway articulation agreement by a specified time;
  176         providing requirements and student eligibility for the
  177         agreements; requiring the State Board of Colleges and
  178         the Board of Governors to collaborate to eliminate
  179         barriers in executing the agreements; amending s.
  180         1007.24, F.S.; revising the statewide course numbering
  181         system to include participation by and input from the
  182         State Board of Colleges and the Chancellor of the
  183         Florida College System; amending ss. 1007.25,
  184         1007.262, 1007.263, 1007.264, and 1007.265, F.S.;
  185         conforming provisions to changes made by the act;
  186         amending s. 1007.27, F.S.; requiring school districts
  187         to notify students about certain lists and
  188         equivalencies; amending s. 1007.271, F.S.; requiring
  189         the State Board of Education to collaborate with the
  190         State Board of Colleges regarding certain articulation
  191         agreements; amending s. 1007.273, F.S.; requiring the
  192         State Board of Colleges to enforce compliance with
  193         certain provisions relating to the collegiate high
  194         school program by a specified date each year; amending
  195         s. 1007.33, F.S.; prohibiting Florida College System
  196         institutions from offering bachelor of arts degree
  197         programs; deleting provisions relating to an
  198         authorization for the Board of Trustees of St.
  199         Petersburg College to establish certain baccalaureate
  200         degree programs; revising the approval process for
  201         baccalaureate degree programs proposed by Florida
  202         College System institutions; requiring a Florida
  203         College System institution to annually report certain
  204         information to the State Board of Colleges, the
  205         Chancellor of the State University System, and the
  206         Legislature; revising the circumstances under which a
  207         baccalaureate degree program may be required to be
  208         modified or terminated; requiring that a baccalaureate
  209         degree program be terminated under certain
  210         circumstances; restricting total upper-level,
  211         undergraduate full-time equivalent enrollment at
  212         Florida College System institutions and within the
  213         Florida College System; amending s. 1008.30, F.S.;
  214         requiring the State Board of Colleges, rather than the
  215         State Board of Education, to develop and implement a
  216         specified common placement test and approve a
  217         specified series of meta-majors and academic pathways
  218         with the Board of Governors; providing that certain
  219         state universities may continue to provide
  220         developmental education instruction; establishing the
  221         Supporting Students for Academic Success Program;
  222         providing the purpose, requirements, funding, and
  223         reporting requirements of the program; amending s.
  224         1008.31, F.S.; revising the legislative intent of
  225         Florida’s K-20 education performance and
  226         accountability system to include recommendations from
  227         and reports to the State Board of Colleges; amending
  228         s. 1008.32, F.S.; removing the oversight enforcement
  229         authority of the State Board of Education relating to
  230         the Florida College System; amending s. 1008.345,
  231         F.S.; revising department responsibilities associated
  232         with the system of educational accountability to
  233         include duties for the State Board of Colleges;
  234         amending s. 1008.37, F.S.; revising certain student
  235         reporting requirements of the Commissioner of
  236         Education to also require a report to the State Board
  237         of Colleges; amending s. 1008.38, F.S.; revising the
  238         articulation accountability process to include
  239         participation by the State Board of Colleges; amending
  240         s. 1008.405, F.S.; requiring the State Board of
  241         Colleges to adopt rules for the maintenance of
  242         specific information by Florida College System
  243         institutions; amending ss. 1008.44, 1008.45, 1009.21,
  244         1009.22, 1009.23, and 1009.25, F.S.; conforming
  245         provisions to changes made by the act; amending s.
  246         1009.26, F.S.; requiring that certain information
  247         regarding fee waivers be reported to the State Board
  248         of Colleges; requiring the State Board of Colleges to
  249         adopt rules; amending s. 1009.28, F.S.; conforming
  250         provisions to changes made by the act; amending ss.
  251         1009.90 and 1009.91, F.S.; revising the duties of the
  252         department to include reports to the State Board of
  253         Colleges; amending s. 1009.971, F.S.; conforming
  254         provisions to changes made by the act; amending s.
  255         1010.01, F.S.; requiring the financial records and
  256         accounts of Florida College System institutions to
  257         follow rules of the State Board of Colleges, instead
  258         of the State Board of Education; requiring each
  259         Florida College System institution to annually file
  260         specified financial statements with the State Board of
  261         Colleges; amending ss. 1010.02 and 1010.04, F.S.;
  262         requiring the funds accruing to and purchases and
  263         leases by Florida College System institutions to
  264         follow rules of the State Board of Colleges, instead
  265         of the State Board of Education; amending s. 1010.07,
  266         F.S.; requiring certain contractors to give bonds in
  267         an amount set by the State Board of Colleges; amending
  268         s. 1010.08, F.S.; authorizing Florida College System
  269         boards of trustees to budget for promotion and public
  270         relations from certain funds; amending ss. 1010.09,
  271         1010.22, 1010.30, and 1010.58, F.S.; conforming
  272         provisions to changes made by the act; amending s.
  273         1011.01, F.S.; requiring each Florida College System
  274         institution board of trustees to submit an annual
  275         operating budget according to rules of the State Board
  276         of Colleges; amending s. 1011.011, F.S.; requiring the
  277         State Board of Education to collaborate with the State
  278         Board of Colleges on legislative budget requests
  279         relating to Florida College System institutions;
  280         amending ss. 1011.30 and 1011.32, F.S.; conforming
  281         provisions to changes made by the act; amending s.
  282         1011.80, F.S.; conforming provisions to changes made
  283         by the act; authorizing the State Board of Colleges to
  284         adopt rules; amending s. 1011.801, F.S.; specifying
  285         duties of the State Board of Colleges regarding funds
  286         for the operation of workforce education programs and
  287         the Workforce Development Capitalization Incentive
  288         Grant Program; amending ss. 1011.81, 1011.82, 1011.83,
  289         1011.84, and 1011.85, F.S.; conforming provisions to
  290         changes made by the act; amending s. 1012.01, F.S.;
  291         redefining the term “school officers”; amending ss.
  292         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
  293         F.S.; conforming provisions to changes made by the
  294         act; amending s. 1013.01, F.S.; providing that the
  295         term “board” does not include the State Board of
  296         Colleges when used in the context of certain
  297         educational facilities provisions; amending ss.
  298         1013.02 and 1013.03, F.S.; requiring the State Board
  299         of Colleges to adopt rules for and provide functions
  300         relating to educational facilities; amending s.
  301         1013.28, F.S.; authorizing Florida College System
  302         institution boards of trustees to dispose of land or
  303         real property subject to rules of the State Board of
  304         Colleges; amending s. 1013.31, F.S.; specifying the
  305         role of the State Board of Colleges in educational
  306         plant surveys for Florida College System institutions;
  307         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
  308         conforming provisions to changes made by the act;
  309         amending s. 1013.47, F.S.; providing that certain
  310         contractors are subject to rules of the State Board of
  311         Colleges; amending s. 1013.52, F.S.; specifying duties
  312         of the State Board of Colleges with regard to the
  313         cooperative development and joint use of facilities;
  314         amending s. 1013.65, F.S.; requiring the State Board
  315         of Colleges to be provided with copies of authorized
  316         allocations or reallocations for the Public Education
  317         Capital Outlay and Debt Service Trust Fund; providing
  318         appropriations effective on specified dates; requiring
  319         the State Board of Colleges to distribute certain
  320         funds and establish certain procedures and timelines
  321         for colleges by a specified date; requiring the
  322         Chancellor of the Florida College System to prepare
  323         certain reports by a specified date; specifying that
  324         certain industry certifications may be reported and
  325         included in the allocation of funds for the 2018-2019
  326         fiscal year; requiring colleges to maintain certain
  327         documentation for industry certifications; requiring
  328         the Auditor General to verify compliance with
  329         specified requirements; transferring certain funds
  330         relating to the Florida College System currently
  331         assigned to and administered by the State Board of
  332         Education to the State Board of Colleges; providing
  333         effective dates.
  334          
  335  Be It Enacted by the Legislature of the State of Florida:
  336  
  337         Section 1. Section 1. This act shall be cited as the
  338  “College Competitiveness Act of 2018.”
  339         Section 2. Effective July 1, 2018, section 1001.6001,
  340  Florida Statutes, is created to read:
  341         1001.6001 Florida College System governance.—
  342         (1) The State Board of Colleges is created pursuant to s.
  343  20.156 to oversee and coordinate the Florida College System. The
  344  Governor shall appoint the membership of the State Board of
  345  Colleges, subject to confirmation by the Senate, in time for the
  346  members to convene for the board’s organizational meeting
  347  pursuant to s. 20.156(5).
  348         (2) The Division of Florida Colleges shall provide
  349  administrative support to the State Board of Colleges until
  350  September 30, 2018.
  351         (3) On October 1, 2018, all powers, duties, functions,
  352  records, offices, personnel, property, pending issues and
  353  existing contracts, administrative authority, administrative
  354  rules, and unexpended balances of appropriations, allocations,
  355  and other funds related to the Florida College System and the
  356  Division of Florida Colleges are transferred by a type two
  357  transfer, as defined in s. 20.06(2), from the State Board of
  358  Education to the State Board of Colleges.
  359         (4) The State Board of Colleges shall appoint a Chancellor
  360  of the Florida College System by November 1, 2018, to aid the
  361  board in the implementation of its responsibilities.
  362         (5) Any State Board of Education approval, policy,
  363  guidance, and appointment in effect on October 1, 2018, remains
  364  effective unless acted upon by the State Board of Colleges.
  365         Section 3. Subsections (3) and (8) of section 20.15,
  366  Florida Statutes, are amended to read:
  367         20.15 Department of Education.—There is created a
  368  Department of Education.
  369         (3) DIVISIONS.—The following divisions of the Department of
  370  Education are established:
  371         (a) Division of Florida Colleges.
  372         (a)(b) Division of Public Schools.
  373         (b)(c) Division of Career and Adult Education.
  374         (c)(d) Division of Vocational Rehabilitation.
  375         (d)(e) Division of Blind Services.
  376         (e)(f) Division of Accountability, Research, and
  377  Measurement.
  378         (f)(g) Division of Finance and Operations.
  379         (g)(h) Office of K-20 Articulation.
  380         (h)(i) The Office of Independent Education and Parental
  381  Choice, which must include the following offices:
  382         1. The Office of Early Learning, which shall be
  383  administered by an executive director who is fully accountable
  384  to the Commissioner of Education. The executive director shall,
  385  pursuant to s. 1001.213, administer the early learning programs,
  386  including the school readiness program and the Voluntary
  387  Prekindergarten Education Program at the state level.
  388         2. The Office of K-12 School Choice, which shall be
  389  administered by an executive director who is fully accountable
  390  to the Commissioner of Education.
  391         (8) SUPPORT SERVICES.—The Department of Education shall
  392  continue to provide support to the Board of Governors of the
  393  State University System and to the State Board of Colleges of
  394  the Florida College System. At a minimum, support services
  395  provided to the Board of Governors and the State Board of
  396  Colleges shall include accounting, printing, computer and
  397  Internet support, personnel and human resources support, support
  398  for accountability initiatives, and administrative support as
  399  needed for trust funds under the jurisdiction of the Board of
  400  Governors and the State Board of Colleges.
  401         Section 4. Effective July 1, 2018, section 20.156, Florida
  402  Statutes, is created to read:
  403         20.156 State Board of Colleges.—
  404         (1) GENERAL PROVISIONS.—The State Board of Colleges is
  405  created. For the purposes of s. 6, Art. IV of the State
  406  Constitution, the state board shall be assigned to and
  407  administratively housed within the Department of Education.
  408  However, the state board shall independently exercise the powers
  409  and duties in s. 1001.602; is a separate budget program; and is
  410  not subject to control, supervision, or direction by the
  411  department. For purposes of this section, the State Board of
  412  Colleges is referred to as the “state board.”
  413         (2) HEAD OF THE FLORIDA COLLEGE SYSTEM.—The state board is
  414  the head of the Florida College System. The Governor shall
  415  appoint the board members, subject to confirmation by the
  416  Senate.
  417         (3) PERSONNEL.—The state board shall appoint a Chancellor
  418  of the Florida College System by November 1, 2018, to aid in
  419  carrying out the state board’s duties. The chancellor is the
  420  chief executive officer and secretary to the state board and
  421  directs the activities of the staff of the state board. The
  422  Chancellor of the Division of Florida Colleges shall serve as
  423  the Chancellor of the Florida College System until the state
  424  board selects a chancellor.
  425         (4) POWERS AND DUTIES.—Effective October 1, 2018, the state
  426  board shall regulate, control, and be responsible for the
  427  management of the Florida College System.
  428         (5) ORGANIZATION.—The state board shall, by September 30,
  429  2018, conduct an organizational meeting to adopt bylaws, elect a
  430  chair and vice chair from the membership, and fix dates and
  431  places for regular meetings.
  432         Section 5. Subsection (18) is added to section 112.313,
  433  Florida Statutes, to read:
  434         112.313 Standards of conduct for public officers, employees
  435  of agencies, and local government attorneys.—
  436         (18) STATE BOARD OF COLLEGES AND BOARDS OF TRUSTEES.—A
  437  citizen member of the State Board of Colleges or a citizen
  438  member of a Florida College System institution board of trustees
  439  may not have or hold an employment or contractual relationship
  440  as a legislative lobbyist requiring annual registration and
  441  reporting pursuant to s. 11.045.
  442         Section 6. Paragraph (c) of subsection (1) of section
  443  112.3145, Florida Statutes, is amended to read:
  444         112.3145 Disclosure of financial interests and clients
  445  represented before agencies.—
  446         (1) For purposes of this section, unless the context
  447  otherwise requires, the term:
  448         (c) “State officer” means:
  449         1. Any elected public officer, excluding those elected to
  450  the United States Senate and House of Representatives, not
  451  covered elsewhere in this part and any person who is appointed
  452  to fill a vacancy for an unexpired term in such an elective
  453  office.
  454         2. An appointed member of each board, commission,
  455  authority, or council having statewide jurisdiction, excluding a
  456  member of an advisory body.
  457         3. A member of the Board of Governors of the State
  458  University System or a state university board of trustees, the
  459  Chancellor and Vice Chancellors of the State University System,
  460  and the president of a state university; or a member of the
  461  State Board of Colleges and the Chancellor of the Florida
  462  College System.
  463         4. A member of the judicial nominating commission for any
  464  district court of appeal or any judicial circuit.
  465         Section 7. Subsections (2) and (4) of section 1000.03,
  466  Florida Statutes, are amended to read:
  467         1000.03 Function, mission, and goals of the Florida K-20
  468  education system.—
  469         (2)(a) The Legislature shall establish education policy,
  470  enact education laws, and appropriate and allocate education
  471  resources.
  472         (b) With the exception of matters relating to the State
  473  University System and the Florida College System, the State
  474  Board of Education shall oversee the enforcement of all laws and
  475  rules, and the timely provision of direction, resources,
  476  assistance, intervention when needed, and strong incentives and
  477  disincentives to force accountability for results.
  478         (c) The Board of Governors shall oversee the enforcement of
  479  all state university laws and rules and regulations and the
  480  timely provision of direction, resources, assistance,
  481  intervention when needed, and strong incentives and
  482  disincentives to force accountability for results.
  483         (d) The State Board of Colleges shall oversee the
  484  enforcement of all Florida College System laws and rules and the
  485  timely provision of direction, resources, assistance,
  486  intervention when needed, and strong incentives and
  487  disincentives to force accountability for results.
  488         (4) The mission of Florida’s K-20 education system is to
  489  allow its students to increase their proficiency by allowing
  490  them the opportunity to expand their knowledge and skills
  491  through rigorous and relevant learning opportunities, in
  492  accordance with the mission of the applicable career center or
  493  system statement and the accountability requirements of s.
  494  1008.31, and to avoid wasteful duplication of programs offered
  495  by state universities, Florida College System institutions, and
  496  career centers and charter technical career centers that are
  497  operated by a district school board or a Florida College System
  498  institution board of trustees.
  499         Section 8. Paragraph (d) of subsection (3) and subsections
  500  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  501  read:
  502         1000.05 Discrimination against students and employees in
  503  the Florida K-20 public education system prohibited; equality of
  504  access required.—
  505         (3)
  506         (d) A public K-20 educational institution which operates or
  507  sponsors interscholastic, intercollegiate, club, or intramural
  508  athletics shall provide equal athletic opportunity for members
  509  of both genders.
  510         1. The Board of Governors shall determine whether equal
  511  opportunities are available at state universities.
  512         2. The Commissioner of Education, for school districts, and
  513  the Chancellor of the Florida College System, for Florida
  514  College System institutions, shall determine whether equal
  515  opportunities are available in school districts and Florida
  516  College System institutions, respectively. In determining
  517  whether equal opportunities are available in school districts
  518  and Florida College System institutions, the Commissioner of
  519  Education and the Chancellor of the Florida College System shall
  520  consider, among other factors:
  521         a. Whether the selection of sports and levels of
  522  competition effectively accommodate the interests and abilities
  523  of members of both genders.
  524         b. The provision of equipment and supplies.
  525         c. Scheduling of games and practice times.
  526         d. Travel and per diem allowances.
  527         e. Opportunities to receive coaching and academic tutoring.
  528         f. Assignment and compensation of coaches and tutors.
  529         g. Provision of locker room, practice, and competitive
  530  facilities.
  531         h. Provision of medical and training facilities and
  532  services.
  533         i. Provision of housing and dining facilities and services.
  534         j. Publicity.
  535  
  536  Unequal aggregate expenditures for members of each gender or
  537  unequal expenditures for male and female teams if a public
  538  school or Florida College System institution operates or
  539  sponsors separate teams do not constitute nonimplementation of
  540  this subsection, but the Commissioner of Education shall
  541  consider the failure to provide necessary funds for teams for
  542  one gender in assessing equality of opportunity for members of
  543  each gender.
  544         (5)(a) The State Board of Education shall adopt rules to
  545  implement this section as it relates to school districts and
  546  Florida College System institutions.
  547         (b) The Board of Governors shall adopt regulations to
  548  implement this section as it relates to state universities.
  549         (c) The State Board of Colleges shall adopt rules to
  550  implement this section as it relates to Florida College System
  551  institutions.
  552         (6) The functions of the State Board of Colleges for
  553  Florida College System institutions and the Office of Equal
  554  Educational Opportunity of the Department of Education shall
  555  include, but are not limited to:
  556         (a) Requiring all district school boards and Florida
  557  College System institution boards of trustees to develop and
  558  submit plans for the implementation of this section to the
  559  Department of Education.
  560         (b) Conducting periodic reviews of school districts and
  561  Florida College System institutions to determine compliance with
  562  this section and, after a finding that a school district or a
  563  Florida College System institution is not in compliance with
  564  this section, notifying the entity of the steps that it must
  565  take to attain compliance and performing followup monitoring.
  566         (c) Providing technical assistance, including assisting
  567  school districts or Florida College System institutions in
  568  identifying unlawful discrimination and instructing them in
  569  remedies for correction and prevention of such discrimination
  570  and performing followup monitoring.
  571         (d) Conducting studies of the effectiveness of methods and
  572  strategies designed to increase the participation of students in
  573  programs and courses in which students of a particular race,
  574  ethnicity, national origin, gender, disability, or marital
  575  status have been traditionally underrepresented and monitoring
  576  the success of students in such programs or courses, including
  577  performing followup monitoring.
  578         (e) Requiring all district school boards and Florida
  579  College System institution boards of trustees to submit data and
  580  information necessary to determine compliance with this section.
  581  The Commissioner of Education, for school districts, and the
  582  Chancellor of the Florida College System, for Florida College
  583  System institutions, shall prescribe the format and the date for
  584  submission of such data and any other educational equity data.
  585  If any board does not submit the required compliance data or
  586  other required educational equity data by the prescribed date,
  587  the commissioner or the chancellor, as applicable, shall notify
  588  the board of this fact and, if the board does not take
  589  appropriate action to immediately submit the required report,
  590  the State Board of Education or the State Board of Colleges, as
  591  applicable, shall impose monetary sanctions.
  592         (f) Based upon rules of the State Board of Education, for
  593  school districts, and the State Board of Colleges, for Florida
  594  College System institutions, developing and implementing
  595  enforcement mechanisms with appropriate penalties to ensure that
  596  public K-12 schools and Florida College System institutions
  597  comply with Title IX of the Education Amendments of 1972 and
  598  subsection (3) of this section. However, the State Board of
  599  Education may not force a public school and the State Board of
  600  Colleges may not force a or Florida College System institution
  601  to conduct, nor penalize such entity for not conducting, a
  602  program of athletic activity or athletic scholarship for female
  603  athletes unless it is an athletic activity approved for women by
  604  a recognized association whose purpose is to promote athletics
  605  and a conference or league exists to promote interscholastic or
  606  intercollegiate competition for women in that athletic activity.
  607         (g) Reporting to the Commissioner of Education, for school
  608  districts, or to the Chancellor of the Florida College System,
  609  for Florida College System institutions, any district school
  610  board or Florida College System institution board of trustees
  611  found to be out of compliance with rules of the State Board of
  612  Education or the State Board of Colleges adopted as required by
  613  paragraph (f) or paragraph (3)(d). To penalize the respective
  614  board, the State Board of Education or the State Board of
  615  Colleges, as applicable, shall:
  616         1. Declare the school district or Florida College System
  617  institution ineligible for competitive state grants.
  618         2. Notwithstanding the provisions of s. 216.192, direct the
  619  Chief Financial Officer to withhold general revenue funds
  620  sufficient to obtain compliance from the school district or
  621  Florida College System institution.
  622  
  623  The school district or Florida College System institution shall
  624  remain ineligible and the funds may shall not be paid until the
  625  institution comes into compliance or the State Board of
  626  Education or the State Board of Colleges, as applicable,
  627  approves a plan for compliance.
  628         Section 9. Section 1001.02, Florida Statutes, is amended to
  629  read:
  630         1001.02 General powers of State Board of Education.—
  631         (1) The State Board of Education is the chief implementing
  632  and coordinating body of public education in Florida except for
  633  the State University System and the Florida College System, and
  634  it shall focus on high-level policy decisions. It has authority
  635  to adopt rules pursuant to ss. 120.536(1) and 120.54 to
  636  implement the provisions of law conferring duties upon it for
  637  the improvement of the state system of K-20 public education
  638  except for the State University System and the Florida College
  639  System. Except as otherwise provided herein, it may, as it finds
  640  appropriate, delegate its general powers to the Commissioner of
  641  Education or the directors of the divisions of the department.
  642         (2) The State Board of Education has the following duties:
  643         (a) To adopt comprehensive educational objectives for
  644  public education except for the State University System and the
  645  Florida College System.
  646         (b) To adopt comprehensive long-range plans and short-range
  647  programs for the development of the state system of public
  648  education except for the State University System and the Florida
  649  College System.
  650         (c) To exercise general supervision over the divisions of
  651  the Department of Education as necessary to ensure coordination
  652  of educational plans and programs and resolve controversies and
  653  to minimize problems of articulation and student transfers, to
  654  ensure that students moving from one level of education to the
  655  next have acquired competencies necessary for satisfactory
  656  performance at that level, and to ensure maximum utilization of
  657  facilities.
  658         (d) To adopt, in consultation with the Board of Governors
  659  and the State Board of Colleges, and from time to time modify,
  660  minimum and uniform standards of college-level communication and
  661  computation skills generally associated with successful
  662  performance and progression through the baccalaureate level and
  663  to identify college-preparatory high school coursework and
  664  postsecondary-level coursework that prepares students with the
  665  academic skills necessary to succeed in postsecondary education.
  666         (e) To adopt and submit to the Governor and Legislature, as
  667  provided in s. 216.023, a coordinated K-20 education budget that
  668  estimates the expenditure requirements for the Board of
  669  Governors, as provided in s. 1001.706, the State Board of
  670  Education, including the Department of Education and the
  671  Commissioner of Education, and all of the boards, institutions,
  672  agencies, and services under the general supervision of the
  673  Board of Governors, as provided in s. 1001.706, the State Board
  674  of Colleges, as provided in s. 1001.602, or the State Board of
  675  Education for the ensuing fiscal year. The State Board of
  676  Education may not amend the budget request submitted by the
  677  Board of Governors or the State Board of Colleges. Any program
  678  recommended by the Board of Governors, the State Board of
  679  Colleges, or the State Board of Education which will require
  680  increases in state funding for more than 1 year must be
  681  presented in a multiyear budget plan.
  682         (f) To hold meetings, transact business, keep records,
  683  adopt a seal, and, except as otherwise provided by law, perform
  684  such other duties as may be necessary for the enforcement of
  685  laws and rules relating to the state system of public education.
  686         (g) To approve plans for cooperating with the Federal
  687  Government.
  688         (h) To approve plans for cooperating with other public
  689  agencies in the development of rules and in the enforcement of
  690  laws for which the state board and such agencies are jointly
  691  responsible.
  692         (i) To review plans for cooperating with appropriate
  693  nonpublic agencies for the improvement of conditions relating to
  694  the welfare of schools.
  695         (j) To create such subordinate advisory bodies as are
  696  required by law or as it finds necessary for the improvement of
  697  education.
  698         (k) To constitute any education bodies or other structures
  699  as required by federal law.
  700         (l) To assist in the economic development of the state by
  701  developing a state-level planning process to identify future
  702  training needs for industry, especially high-technology
  703  industry.
  704         (m) To assist in the planning and economic development of
  705  the state by establishing a clearinghouse for information on
  706  educational programs of value to economic development.
  707         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  708  120.54, within statutory authority.
  709         (o) To authorize the allocation of resources in accordance
  710  with law and rule.
  711         (p) To contract with independent institutions accredited by
  712  an agency whose standards are comparable to the minimum
  713  standards required to operate a postsecondary career center
  714  educational institution at that level in the state. The purpose
  715  of the contract is to provide those educational programs and
  716  facilities which will meet needs unfulfilled by the state system
  717  of public postsecondary education.
  718         (q) To recommend that a district school board take action
  719  consistent with the state board’s decision relating to an appeal
  720  of a charter school application.
  721         (r) To enforce systemwide education goals and policies
  722  except as otherwise provided by law.
  723         (s) To establish a detailed procedure for the
  724  implementation and operation of a systemwide K-20 technology
  725  plan that is based on a common set of data definitions.
  726         (t) To establish accountability standards for existing
  727  legislative performance goals, standards, and measures, and
  728  order the development of mechanisms to implement new legislative
  729  goals, standards, and measures.
  730         (u) To adopt criteria and implementation plans for future
  731  growth issues, such as new Florida College System institutions
  732  and Florida College System institution campus mergers, and to
  733  provide for cooperative agreements between and within public and
  734  private education sectors.
  735         (v) To develop, in conjunction with the Board of Governors
  736  and the State Board of Colleges, and periodically review for
  737  adjustment, a coordinated 5-year plan for postsecondary
  738  enrollment, identifying enrollment and graduation expectations
  739  by baccalaureate degree program, and annually submit the plan to
  740  the Legislature as part of its legislative budget request.
  741         (w) Beginning in the 2014-2015 academic year and annually
  742  thereafter, to require each Florida College System institution
  743  prior to registration to provide each enrolled student
  744  electronic access to the economic security report of employment
  745  and earning outcomes prepared by the Department of Economic
  746  Opportunity pursuant to s. 445.07.
  747         (3)(a) The State Board of Education shall adopt a strategic
  748  plan that specifies goals and objectives for the state’s public
  749  schools and Florida College System institutions. The plan shall
  750  be formulated in conjunction with plans of the Board of
  751  Governors and the State Board of Colleges in order to provide
  752  for the roles of the universities and Florida College System
  753  institutions to be coordinated to best meet state needs and
  754  reflect cost-effective use of state resources. The strategic
  755  plan must clarify the mission statements of each Florida College
  756  System institution and the system as a whole and identify degree
  757  programs, including baccalaureate degree programs, to be offered
  758  at each Florida College System institution in accordance with
  759  the objectives provided in this subsection and the coordinated
  760  5-year plan pursuant to paragraph (2)(v). The strategic plan
  761  must cover a period of 5 years, with modification of the program
  762  lists after 2 years. Development of each 5-year plan must be
  763  coordinated with and initiated after completion of the master
  764  plan. The strategic plans must specifically include programs and
  765  procedures for responding to the educational needs of teachers
  766  and students in the public schools of this state and consider
  767  reports and recommendations of the Higher Education Coordinating
  768  Council pursuant to s. 1004.015 and the Articulation
  769  Coordinating Committee pursuant to s. 1007.01. The state board
  770  shall submit a report to the President of the Senate and the
  771  Speaker of the House of Representatives upon modification of the
  772  plan and as part of its legislative budget request.
  773         (b) The State Board of Education, and the Board of
  774  Governors, and the State Board of Colleges shall jointly develop
  775  long-range plans and annual reports for financial aid in this
  776  state. The long-range plans shall establish goals and objectives
  777  for a comprehensive program of financial aid for Florida
  778  students and shall be updated every 5 years. The annual report
  779  shall include programs administered by the department as well as
  780  awards made from financial aid fee revenues, any other funds
  781  appropriated by the Legislature for financial assistance, and
  782  the value of tuition and fees waived for students enrolled in a
  783  dual enrollment course at a public postsecondary educational
  784  institution. The annual report shall include an assessment of
  785  progress made in achieving goals and objectives established in
  786  the long-range plans and recommendations for repealing or
  787  modifying existing financial aid programs or establishing new
  788  programs. A long-range plan shall be submitted by January 1,
  789  2004, and every 5 years thereafter. An annual report shall be
  790  submitted on January 1, 2004, and in each successive year that a
  791  long-range plan is not submitted, to the President of the Senate
  792  and the Speaker of the House of Representatives.
  793         (4) The State Board of Education shall:
  794         (a) Provide for each Florida College System institution to
  795  offer educational training and service programs designed to meet
  796  the needs of both students and the communities served.
  797         (b) Specify, by rule, procedures to be used by the Florida
  798  College System institution boards of trustees in the annual
  799  evaluations of presidents and review the evaluations of
  800  presidents by the boards of trustees, including the extent to
  801  which presidents serve both institutional and system goals.
  802         (c) Establish, in conjunction with the Board of Governors,
  803  an effective information system that will provide composite data
  804  concerning the Florida College System institutions and state
  805  universities and ensure that special analyses and studies
  806  concerning the institutions are conducted, as necessary, for
  807  provision of accurate and cost-effective information concerning
  808  the institutions.
  809         (d) Establish criteria for making recommendations for
  810  modifying district boundary lines for Florida College System
  811  institutions, including criteria for service delivery areas of
  812  Florida College System institutions authorized to grant
  813  baccalaureate degrees.
  814         (e) Establish criteria for making recommendations
  815  concerning all proposals for the establishment of additional
  816  centers or campuses for Florida College System institutions.
  817         (f) Examine the annual administrative review of each
  818  Florida College System institution.
  819         (g) adopt and submit to the Legislature a 3-year list of
  820  priorities for fixed-capital-outlay projects. The State Board of
  821  Education may not amend the 3-year list of priorities of the
  822  Board of Governors or the State Board of Colleges.
  823         (5) The State Board of Education is responsible for
  824  reviewing and administering the state program of support for the
  825  Florida College System institutions and, subject to existing
  826  law, shall establish the tuition and out-of-state fees for
  827  developmental education and for credit instruction that may be
  828  counted toward an associate in arts degree, an associate in
  829  applied science degree, or an associate in science degree.
  830         (6) The State Board of Education shall prescribe minimum
  831  standards, definitions, and guidelines for Florida College
  832  System institutions that will ensure the quality of education,
  833  coordination among the Florida College System institutions and
  834  state universities, and efficient progress toward accomplishing
  835  the Florida College System institution mission. At a minimum,
  836  these rules must address:
  837         (a) Personnel.
  838         (b) Contracting.
  839         (c) Program offerings and classification, including
  840  college-level communication and computation skills associated
  841  with successful performance in college and with tests and other
  842  assessment procedures that measure student achievement of those
  843  skills. The performance measures must provide that students
  844  moving from one level of education to the next acquire the
  845  necessary competencies for that level.
  846         (d) Provisions for curriculum development, graduation
  847  requirements, college calendars, and program service areas.
  848  These provisions must include rules that:
  849         1. Provide for the award of an associate in arts degree to
  850  a student who successfully completes 60 semester credit hours at
  851  the Florida College System institution.
  852         2. Require all of the credits accepted for the associate in
  853  arts degree to be in the statewide course numbering system as
  854  credits toward a baccalaureate degree offered by a state
  855  university or a Florida College System institution.
  856         3. Require no more than 36 semester credit hours in general
  857  education courses in the subject areas of communication,
  858  mathematics, social sciences, humanities, and natural sciences.
  859  
  860  The rules should encourage Florida College System institutions
  861  to enter into agreements with state universities that allow
  862  Florida College System institution students to complete upper
  863  division-level courses at a Florida College System institution.
  864  An agreement may provide for concurrent enrollment at the
  865  Florida College System institution and the state university and
  866  may authorize the Florida College System institution to offer an
  867  upper-division-level course or distance learning.
  868         (e) Student admissions, conduct and discipline,
  869  nonclassroom activities, and fees.
  870         (f) Budgeting.
  871         (g) Business and financial matters.
  872         (h) Student services.
  873         (i) Reports, surveys, and information systems, including
  874  forms and dates of submission.
  875         Section 10. Subsections (7) through (17) of section
  876  1001.03, Florida Statutes, are amended to read:
  877         1001.03 Specific powers of State Board of Education.—
  878         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  879  Education shall develop articulation accountability measures
  880  that assess the status of systemwide articulation processes, in
  881  conjunction with the Board of Governors regarding the State
  882  University System and the State Board of Colleges regarding the
  883  Florida College System, and shall establish an articulation
  884  accountability process in accordance with the provisions of
  885  chapter 1008, in conjunction with the Board of Governors
  886  regarding the State University System and the State Board of
  887  Colleges regarding the Florida College System.
  888         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  889  shall enforce compliance with law and state board rule by all
  890  school districts and public postsecondary educational
  891  institutions, except for institutions within the State
  892  University System and the Florida College System, in accordance
  893  with the provisions of s. 1008.32.
  894         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  895  Education, in conjunction with the Board of Governors regarding
  896  the State University System and the State Board of Colleges
  897  regarding the Florida College System, shall continue to collect
  898  and maintain, at a minimum, the management information databases
  899  for state universities, Florida College System institutions, and
  900  all other components of the public K-20 education system as such
  901  databases existed on June 30, 2002.
  902         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  903  EDUCATION.—The State Board of Education, in conjunction with the
  904  Board of Governors, shall develop and implement a common
  905  placement test to assess the basic computation and communication
  906  skills of students who intend to enter a degree program at any
  907  Florida College System institution or state university.
  908         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  909  EDUCATION.—The State Board of Education shall adopt minimum
  910  standards relating to nonpublic postsecondary education and
  911  institutions, in accordance with the provisions of chapter 1005.
  912         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
  913  Education shall adopt, by rule, common definitions for associate
  914  in science degrees and for certificates.
  915         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
  916  State Board of Education shall provide for the cyclic review of
  917  all academic programs in Florida College System institutions at
  918  least every 7 years. Program reviews shall document how
  919  individual academic programs are achieving stated student
  920  learning and program objectives within the context of the
  921  institution’s mission. The results of the program reviews shall
  922  inform strategic planning, program development, and budgeting
  923  decisions at the institutional level.
  924         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
  925  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
  926  Education shall maintain a uniform classification system for
  927  school district administrative and management personnel that
  928  will facilitate the uniform coding of administrative and
  929  management personnel to total district employees.
  930         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  931  DEGREE PROGRAMS.—The State Board of Education shall provide for
  932  the review and approval of proposals by Florida College System
  933  institutions to offer baccalaureate degree programs pursuant to
  934  s. 1007.33. A Florida College System institution, as defined in
  935  s. 1000.21, that is approved to offer baccalaureate degrees
  936  pursuant to s. 1007.33 remains under the authority of the State
  937  Board of Education and the Florida College System institution’s
  938  board of trustees. The State Board of Education may not approve
  939  Florida College System institution baccalaureate degree program
  940  proposals from March 31, 2014, through May 31, 2015.
  941         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  942  the State Board of Education shall identify performance metrics
  943  for the Florida College System and develop a plan that specifies
  944  goals and objectives for each Florida College System
  945  institution. The plan must include:
  946         (a) Performance metrics and standards common for all
  947  institutions and metrics and standards unique to institutions
  948  depending on institutional core missions, including, but not
  949  limited to, remediation success, retention, graduation,
  950  employment, transfer rates, licensure passage, excess hours,
  951  student loan burden and default rates, job placement, faculty
  952  awards, and highly respected rankings for institution and
  953  program achievements.
  954         (b) Student enrollment and performance data delineated by
  955  method of instruction, including, but not limited to,
  956  traditional, online, and distance learning instruction.
  957         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
  958  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
  959  Education, in consultation with the Board of Governors, the
  960  State Board of Colleges, and the Department of Economic
  961  Opportunity, shall adopt a unified state plan to improve K-20
  962  STEM education and prepare students for high-skill, high-wage,
  963  and high-demand employment in STEM and STEM-related fields.
  964         Section 11. Subsection (1), paragraphs (g) and (j) of
  965  subsection (6), and subsection (7) of section 1001.10, Florida
  966  Statutes, are amended to read:
  967         1001.10 Commissioner of Education; general powers and
  968  duties.—
  969         (1) The Commissioner of Education is the chief educational
  970  officer of the state and the sole custodian of the K-20 data
  971  warehouse, and is responsible for giving full assistance to the
  972  State Board of Education in enforcing compliance with the
  973  mission and goals of the K-20 education system except for the
  974  State University System and the Florida College System.
  975         (6) Additionally, the commissioner has the following
  976  general powers and duties:
  977         (g) To submit to the State Board of Education, on or before
  978  October 1 of each year, recommendations for a coordinated K-20
  979  education budget that estimates the expenditures for the Board
  980  of Governors, the State Board of Colleges, the State Board of
  981  Education, including the Department of Education and the
  982  Commissioner of Education, and all of the boards, institutions,
  983  agencies, and services under the general supervision of the
  984  Board of Governors, the State Board of Colleges, or the State
  985  Board of Education for the ensuing fiscal year. Any program
  986  recommended to the State Board of Education that will require
  987  increases in state funding for more than 1 year must be
  988  presented in a multiyear budget plan.
  989         (j) To implement a program of school improvement and
  990  education accountability designed to provide all students the
  991  opportunity to make adequate learning gains in each year of
  992  school as provided by statute and State Board of Education rule
  993  based upon the achievement of the state education goals,
  994  recognizing the following:
  995         1. The district school board is responsible for school and
  996  student performance.
  997         2. The individual school is the unit for education
  998  accountability.
  999         3. The Florida College System institution board of trustees
 1000  is responsible for Florida College System institution
 1001  performance and student performance.
 1002         (7) The commissioner, or the commissioner’s designee, may
 1003  conduct a review or investigation of practices, procedures, or
 1004  actions at any Florida College System institution which appear
 1005  to be inconsistent with sound financial, management, or academic
 1006  practice.
 1007         Section 12. Paragraphs (c) through (f) of subsection (1)
 1008  and subsection (3) of section 1001.11, Florida Statutes, are
 1009  amended to read:
 1010         1001.11 Commissioner of Education; other duties.—
 1011         (1) The Commissioner of Education must independently
 1012  perform the following duties:
 1013         (c) In cooperation with the Board of Governors and the
 1014  State Board of Colleges, develop and implement a process for
 1015  receiving and processing requests, in conjunction with the
 1016  Legislature, for the allocation of PECO funds for qualified
 1017  postsecondary education projects.
 1018         (d) Integrally work with the boards of trustees of the
 1019  Florida College System institutions.
 1020         (d)(e) Monitor the activities of the State Board of
 1021  Education and provide information related to current and pending
 1022  policies to the members of the boards of trustees of the Florida
 1023  College System institutions and state universities.
 1024         (e)(f) Ensure the timely provision of information requested
 1025  by the Legislature from the State Board of Education, the
 1026  commissioner’s office, and the Department of Education.
 1027         (3) Notwithstanding any other provision of law to the
 1028  contrary, the Commissioner of Education, in conjunction with the
 1029  Legislature, and the Board of Governors regarding the State
 1030  University System, and the State Board of Colleges regarding the
 1031  Florida College System, must recommend funding priorities for
 1032  the distribution of capital outlay funds for public
 1033  postsecondary educational institutions, based on priorities that
 1034  include, but are not limited to, the following criteria:
 1035         (a) Growth at the institutions.
 1036         (b) Need for specific skills statewide.
 1037         (c) Need for maintaining and repairing existing facilities.
 1038         Section 13. Paragraph (e) of subsection (4) of section
 1039  1001.20, Florida Statutes, is amended to read:
 1040         1001.20 Department under direction of state board.—
 1041         (4) The Department of Education shall establish the
 1042  following offices within the Office of the Commissioner of
 1043  Education which shall coordinate their activities with all other
 1044  divisions and offices:
 1045         (e) Office of Inspector General.—Organized using existing
 1046  resources and funds and responsible for promoting
 1047  accountability, efficiency, and effectiveness and detecting
 1048  fraud and abuse within school districts and, the Florida School
 1049  for the Deaf and the Blind, and Florida College System
 1050  institutions in Florida. If the Commissioner of Education
 1051  determines that a district school board or, the Board of
 1052  Trustees for the Florida School for the Deaf and the Blind, or a
 1053  Florida College System institution board of trustees is
 1054  unwilling or unable to address substantiated allegations made by
 1055  any person relating to waste, fraud, or financial mismanagement
 1056  within the school district or, the Florida School for the Deaf
 1057  and the Blind, or the Florida College System institution, the
 1058  office shall conduct, coordinate, or request investigations into
 1059  such substantiated allegations. The office shall have access to
 1060  all information and personnel necessary to perform its duties
 1061  and shall have all of its current powers, duties, and
 1062  responsibilities authorized in s. 20.055.
 1063         Section 14. Section 1001.28, Florida Statutes, is amended
 1064  to read:
 1065         1001.28 Distance learning duties.—The duties of the
 1066  Department of Education concerning distance learning include,
 1067  but are not limited to, the duty to:
 1068         (1) Facilitate the implementation of a statewide
 1069  coordinated system and resource system for cost-efficient
 1070  advanced telecommunications services and distance education
 1071  which will increase overall student access to education.
 1072         (2) Coordinate the use of existing resources, including,
 1073  but not limited to, the state’s satellite transponders, the
 1074  Florida Information Resource Network (FIRN), and distance
 1075  learning initiatives.
 1076         (3) Assist in the coordination of the utilization of the
 1077  production and uplink capabilities available through Florida’s
 1078  public television stations, eligible facilities, independent
 1079  colleges and universities, private firms, and others as needed.
 1080         (4) Seek the assistance and cooperation of Florida’s cable
 1081  television providers in the implementation of the statewide
 1082  advanced telecommunications services and distance learning
 1083  network.
 1084         (5) Seek the assistance and cooperation of Florida’s
 1085  telecommunications carriers to provide affordable student access
 1086  to advanced telecommunications services and to distance
 1087  learning.
 1088         (6) Coordinate partnerships for development, acquisition,
 1089  use, and distribution of distance learning.
 1090         (7) Secure and administer funding for programs and
 1091  activities for distance learning from federal, state, local, and
 1092  private sources and from fees derived from services and
 1093  materials.
 1094         (8) Hire appropriate staff which may include a position
 1095  that shall be exempt from part II of chapter 110 and is included
 1096  in the Senior Management Service in accordance with s. 110.205.
 1097  
 1098  Nothing in this section shall be construed to abrogate,
 1099  supersede, alter, or amend the powers and duties of any state
 1100  agency, district school board, Florida College System
 1101  institution board of trustees, university board of trustees, the
 1102  Board of Governors, the State Board of Colleges, or the State
 1103  Board of Education.
 1104         Section 15. Effective July 1, 2018, subsection (26) of
 1105  section 1001.42, Florida Statutes, is amended to read:
 1106         1001.42 Powers and duties of district school board.—The
 1107  district school board, acting as a board, shall exercise all
 1108  powers and perform all duties listed below:
 1109         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
 1110  governing board for a school district technical center or a
 1111  system of technical centers for the purpose of aligning the
 1112  educational programs of the technical center with the needs of
 1113  local businesses and responding quickly to the needs of local
 1114  businesses for employees holding industry certifications. A
 1115  technical center governing board shall be comprised of seven
 1116  members, three of whom must be members of the district school
 1117  board or their designees and four of whom must be local business
 1118  leaders. The district school board shall delegate to the
 1119  technical center governing board decisions regarding entrance
 1120  requirements for students, curriculum, program development,
 1121  budget and funding allocations, and the development with local
 1122  businesses of partnership agreements and appropriate industry
 1123  certifications in order to meet local and regional economic
 1124  needs. A technical center governing board may approve only
 1125  courses and programs that contain industry certifications. A
 1126  course may be continued if at least 25 percent of the students
 1127  enrolled in the course attain an industry certification. If
 1128  fewer than 25 percent of the students enrolled in a course
 1129  attain an industry certification, the course must be
 1130  discontinued the following year. However, notwithstanding the
 1131  authority to approve courses and programs under this subsection,
 1132  a technical center governing board may not approve a college
 1133  credit course or college credit certificate or an associate
 1134  degree or baccalaureate degree program.
 1135         Section 16. Effective July 1, 2018, section 1001.44,
 1136  Florida Statutes, is amended to read:
 1137         1001.44 Career centers; governance, mission, and
 1138  responsibilities.—
 1139         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1140  CENTERS.—Any district school board, after first obtaining the
 1141  approval of the Department of Education, may, as a part of the
 1142  district school system, organize, establish and operate a career
 1143  center, or acquire and operate a career center previously
 1144  established.
 1145         (a) The primary mission of a career center that is operated
 1146  by a district school board is to promote advances and
 1147  innovations in workforce preparation and economic development. A
 1148  career center may provide a learning environment that serves the
 1149  needs of a specific population group or group of occupations,
 1150  thus promoting diversity and choices within the public technical
 1151  education community in this state.
 1152         (b) A career center that is operated by a district school
 1153  board may not offer a college credit course or college credit
 1154  certificate or an associate degree or baccalaureate degree
 1155  program.
 1156         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1157  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1158  of any two or more contiguous districts may, upon first
 1159  obtaining the approval of the department, enter into an
 1160  agreement to organize, establish and operate, or acquire and
 1161  operate, a career center under this section.
 1162         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1163  BY A DIRECTOR.—
 1164         (a) A career center established or acquired under
 1165  provisions of law and minimum standards prescribed by the
 1166  commissioner shall comprise a part of the district school system
 1167  and shall mean an educational institution offering terminal
 1168  courses of a technical nature which are not for college credit,
 1169  and courses for out-of-school youth and adults; shall be subject
 1170  to all applicable provisions of this code; shall be under the
 1171  control of the district school board of the school district in
 1172  which it is located; and shall be directed by a director
 1173  responsible through the district school superintendent to the
 1174  district school board of the school district in which the center
 1175  is located.
 1176         (b) Each career center shall maintain an academic
 1177  transcript for each student enrolled in the center. Such
 1178  transcript shall delineate each course completed by the student.
 1179  Courses shall be delineated by the course prefix and title
 1180  assigned pursuant to s. 1007.24. The center shall make a copy of
 1181  a student’s transcript available to any student who requests it.
 1182         Section 17. Effective July 1, 2018, paragraph (b) of
 1183  subsection (2) of section 1001.60, Florida Statutes, is amended
 1184  to read:
 1185         1001.60 Florida College System.—
 1186         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
 1187  College System comprised of the Florida College System
 1188  institutions identified in s. 1000.21(3). A Florida College
 1189  System institution may not offer graduate degree programs.
 1190         (b)1. With the approval of its district board of trustees,
 1191  a Florida College System institution may change the
 1192  institution’s name set forth in s. 1000.21(3) and use the
 1193  designation “college” or “state college” if it has been
 1194  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1195  and has been accredited as a baccalaureate-degree-granting
 1196  institution by the Commission on Colleges of the Southern
 1197  Association of Colleges and Schools.
 1198         2. With the approval of its district board of trustees, a
 1199  Florida College System institution that does not meet the
 1200  criteria in subparagraph 1. may request approval from the State
 1201  Board of Colleges Education to change the institution’s name set
 1202  forth in s. 1000.21(3) and use the designation “college.” The
 1203  State Board of Colleges Education may approve the request if the
 1204  Florida College System institution enters into an agreement with
 1205  the State Board of Colleges Education to do the following:
 1206         a. Maintain as its primary mission responsibility for
 1207  responding to community needs for postsecondary academic
 1208  education and career degree education as prescribed in s.
 1209  1004.65(5).
 1210         b. Maintain an open-door admissions policy for associate
 1211  level degree programs and workforce education programs.
 1212         c. Continue to provide outreach to underserved populations.
 1213         d. Continue to provide remedial education.
 1214         e. Comply with all provisions of the statewide articulation
 1215  agreement that relate to 2-year and 4-year public degree
 1216  granting institutions as adopted by the State Board of Colleges
 1217  Education pursuant to s. 1007.23.
 1218         Section 18. Effective July 1, 2018, section 1001.601,
 1219  Florida Statutes, is created to read:
 1220         1001.601 State Board of Colleges of the Florida College
 1221  System.—
 1222         (1) The State Board of Colleges is established as a body
 1223  corporate consisting of 13 members, which shall consist of the
 1224  Commissioner of Education and 12 citizen members who are
 1225  appointed by the Governor in a manner that provides equitable
 1226  geographical representation.
 1227         (a) The 12 appointed citizen members must include a student
 1228  enrolled in a Florida College System institution and a faculty
 1229  member employed at a Florida College System institution.
 1230         (b) Each citizen member must reside and be registered to
 1231  vote in this state.
 1232         (c) Except for the student member, who shall serve a 1-year
 1233  term, appointed citizen members shall serve staggered 4-year
 1234  terms. In order to achieve staggered terms, beginning September
 1235  1, 2018, of the initial appointments, 3 members shall serve 2
 1236  year terms, 4 members shall serve 3-year terms, and 4 members
 1237  shall serve 4-year terms.
 1238         (d) Except for the student member, each citizen member must
 1239  be confirmed by the Senate.
 1240         (2) Members of the State Board of Colleges may not receive
 1241  compensation but may be reimbursed for per diem and travel
 1242  expenses as provided in s. 112.061.
 1243         Section 19. Section 1001.602, Florida Statutes, is created
 1244  to read:
 1245         1001.602 Powers and duties of the State Board of Colleges.—
 1246         (1) RESPONSIBILITIES.—The State Board of Colleges is
 1247  responsible for the efficient and effective operation and
 1248  maintenance of the Florida College System, as established in s.
 1249  1001.60. The State Board of Colleges may adopt rules pursuant to
 1250  ss. 120.536(1) and 120.54 to implement provisions of law for the
 1251  Florida College System. For the purposes of this section, the
 1252  State Board of Colleges is referred to as the “state board.”
 1253         (2) DUTIES.—The state board has the following duties:
 1254         (a) Ensure that Florida College System institutions operate
 1255  consistent with the mission of the system, pursuant to s.
 1256  1004.65.
 1257         (b) Oversee the Florida College System and coordinate with
 1258  the State Board of Education and the Board of Governors to avoid
 1259  wasteful duplication of facilities or programs.
 1260         (c) Provide for each Florida College System institution to
 1261  offer educational training and service programs designed to meet
 1262  the needs of both students and the communities served.
 1263         (d) Hold meetings, transact business, keep records, and,
 1264  except as otherwise provided by law, perform such other duties
 1265  as may be necessary for the enforcement of laws and rules
 1266  relating to the Florida College System.
 1267         (e) Provide for the coordination of educational plans and
 1268  programs to resolve controversies, minimize problems of
 1269  articulation and student transfers, ensure that students moving
 1270  from one level of education to the next have acquired
 1271  competencies necessary for satisfactory performance at that
 1272  level, and ensure maximum utilization of facilities.
 1273         (f) Establish and review, in consultation with the State
 1274  Board of Education and the Board of Governors, minimum and
 1275  uniform standards of college-level communication and computation
 1276  skills generally associated with successful performance and
 1277  progression through the baccalaureate level, to identify
 1278  college-preparatory high school coursework and postsecondary
 1279  level coursework that prepares students with the academic skills
 1280  necessary to succeed in postsecondary education.
 1281         (g) Approve plans for cooperating with the Federal
 1282  Government.
 1283         (h) Approve plans for cooperating with other public
 1284  agencies in the development of rules and in the enforcement of
 1285  laws for which the state board and the agencies are jointly
 1286  responsible.
 1287         (i) Create subordinate advisory bodies if required by law
 1288  or as necessary for the improvement of the Florida College
 1289  System.
 1290         (j) Coordinate with the State Board of Education and the
 1291  Board of Governors to collect and maintain data for the Florida
 1292  College System.
 1293         (k) Establish, in conjunction with the State Board of
 1294  Education and the Board of Governors, an effective information
 1295  system that will provide composite data concerning the Florida
 1296  College System institutions and state universities and that will
 1297  ensure that special analyses and studies concerning the
 1298  institutions are conducted, as necessary, for provision of
 1299  accurate and cost-effective information concerning the
 1300  institutions.
 1301         (l) Establish accountability standards for existing
 1302  legislative performance goals, standards, and measures, and
 1303  order the development of mechanisms to implement new legislative
 1304  goals, standards, and measures.
 1305         (m) Require each Florida College System institution, before
 1306  registration, to provide each enrolled student electronic access
 1307  to the economic security report of employment and earning
 1308  outcomes prepared by the Department of Economic Opportunity
 1309  pursuant to s. 445.07.
 1310         (n) Specify, by rule, procedures to be used by Florida
 1311  College System institution boards of trustees in the annual
 1312  evaluation of presidents, and review the evaluations of
 1313  presidents by the boards of trustees, including the extent to
 1314  which presidents serve both institutional and system goals.
 1315         (o) Establish, subject to existing law, the tuition and
 1316  out-of-state fees for developmental education and for credit
 1317  instruction that may be counted toward an associate in arts
 1318  degree, an associate in applied science degree, or an associate
 1319  in science degree.
 1320         (p) Develop, in conjunction with the State Board of
 1321  Education and the Board of Governors, and implement a common
 1322  placement test to assess the basic communication and computation
 1323  skills of students who intend to enter a degree program at a
 1324  Florida College System institution or state university.
 1325         (q) May direct the Chancellor of the Florida College System
 1326  to conduct investigations of practices, procedures, or actions
 1327  at a Florida College System institution which appear to be
 1328  inconsistent with sound financial, management, or academic
 1329  practice.
 1330         (r) Examine the annual administrative review of each
 1331  Florida College System institution.
 1332         (s) Through the Chancellor of the Florida College System,
 1333  integrally work with the Florida College System institution
 1334  boards of trustees.
 1335         (t) Establish criteria for making recommendations
 1336  concerning all proposals to establish additional centers or
 1337  campuses for a Florida College System institution.
 1338         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1339  the requirements under subsection (4) and the performance
 1340  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1341  state board shall identify performance metrics for the Florida
 1342  College System and develop a plan that specifies goals and
 1343  objectives for each Florida College System institution. The plan
 1344  must include:
 1345         (a) Performance metrics and standards common for all
 1346  institutions and metrics and standards unique to institutions
 1347  depending on institutional core missions, including, but not
 1348  limited to, remediation success, retention, graduation,
 1349  employment, transfer rates, licensure passage, excess hours,
 1350  student loan burden and default rates, job placement, faculty
 1351  awards, and highly respected rankings for institution and
 1352  program achievements.
 1353         (b) Student enrollment and performance data delineated by
 1354  method of instruction, including, but not limited to,
 1355  traditional, online, and distance learning instruction.
 1356         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1357         (a) The state board shall adopt a strategic plan that
 1358  specifies goals and objectives for the Florida College System.
 1359  The plan must be formulated in conjunction with plans of the
 1360  State Board of Education and the Board of Governors in order to
 1361  coordinate the roles of the school districts and state
 1362  universities to best meet state needs and reflect cost-effective
 1363  use of state resources. The strategic plan must clarify the
 1364  mission statements of the Florida College System and each
 1365  Florida College System institution and identify degree programs,
 1366  including baccalaureate degree programs, to be offered at each
 1367  Florida College System institution in accordance with the
 1368  objectives provided in this subsection and the coordinated 5
 1369  year plan pursuant to s. 1001.02(2)(v). The strategic plan must
 1370  cover a period of 5 years, with modification of the program
 1371  lists after 2 years. Development of each 5-year plan must be
 1372  coordinated with and initiated after completion of the master
 1373  plan. The strategic plan must consider reports and
 1374  recommendations of the Higher Education Coordinating Council
 1375  pursuant to s. 1004.015 and the Articulation Coordinating
 1376  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1377  the state board shall submit a report to the President of the
 1378  Senate and the Speaker of the House of Representatives as part
 1379  of its legislative budget request.
 1380         (b) The state board, the State Board of Education, and the
 1381  Board of Governors shall jointly develop long-range plans and
 1382  annual reports for financial aid in this state. The long-range
 1383  plans must establish goals and objectives for a comprehensive
 1384  program of financial aid for students and shall be updated every
 1385  5 years. The annual report must include programs administered by
 1386  the department as well as awards made from financial aid fee
 1387  revenues, other funds appropriated by the Legislature for
 1388  financial assistance, and the value of tuition and fees waived
 1389  for students enrolled in a dual enrollment course at a public
 1390  postsecondary educational institution. The annual report must
 1391  include an assessment of the progress made in achieving goals
 1392  and objectives established in the long-range plans and must
 1393  include recommendations for repealing or modifying existing
 1394  financial aid programs or establishing new programs. The state
 1395  board, the State Board of Education, and the Board of Governors
 1396  shall submit their long-range plans by July 1, 2018, and every 5
 1397  years thereafter and shall submit their annual reports on July
 1398  1, 2018, and in each successive year that a long-range plan is
 1399  not submitted, to the President of the Senate and the Speaker of
 1400  the House of Representatives.
 1401         (c) The state board shall also:
 1402         1. Adopt comprehensive long-range plans and short-range
 1403  programs for the development of the Florida College System.
 1404         2. Assist in the economic development of the state by
 1405  developing a state-level planning process to identify future
 1406  training needs for industry, especially high-technology
 1407  industry.
 1408         3. Adopt criteria and implementation plans for future
 1409  growth issues, such as new Florida College System institutions
 1410  and Florida College System institution campus mergers, and
 1411  provide for cooperative agreements between and within public and
 1412  private education sectors.
 1413         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1414  prescribe minimum standards, definitions, and guidelines for
 1415  Florida College System institutions which will ensure the
 1416  quality of education, coordination among the Florida College
 1417  System institutions and state universities, and efficient
 1418  progress toward accomplishing the Florida College System
 1419  institution’s mission. At a minimum, these rules must address
 1420  all of the following:
 1421         (a) Personnel.
 1422         (b) Contracting.
 1423         (c) Program offerings and classification, including
 1424  college-level communication and computation skills associated
 1425  with successful performance in college and with tests and other
 1426  assessment procedures that measure student achievement of those
 1427  skills. The performance measures must provide that students
 1428  moving from one level of education to the next acquire the
 1429  necessary competencies for that level.
 1430         (d) Provisions for curriculum development, graduation
 1431  requirements, college calendars, and program service areas.
 1432  These provisions must include rules that:
 1433         1. Provide for the award of an associate in arts degree to
 1434  a student who successfully completes 60 semester credit hours at
 1435  the Florida College System institution.
 1436         2. Require all of the credits accepted for the associate in
 1437  arts degree to be in the statewide course numbering system as
 1438  credits toward a baccalaureate degree offered by a state
 1439  university or a Florida College System institution.
 1440         3. Require no more than 36 semester credit hours in general
 1441  education courses in the subject areas of communication,
 1442  mathematics, social sciences, humanities, and natural sciences.
 1443  
 1444  The rules under this paragraph should encourage Florida College
 1445  System institutions to enter into agreements with state
 1446  universities which allow a Florida College System institution
 1447  student to complete upper-division-level courses at a Florida
 1448  College System institution. An agreement may provide for
 1449  concurrent enrollment at the Florida College System institution
 1450  and the state university and may authorize the Florida College
 1451  System institution to offer an upper-division-level course or
 1452  distance learning.
 1453         (e) Student admissions, conduct, and discipline;
 1454  nonclassroom activities; and fees.
 1455         (f) Budgeting.
 1456         (g) Business and financial matters.
 1457         (h) Student services.
 1458         (i) Reports, surveys, and information systems, including
 1459  forms and dates of submission.
 1460         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1461  shall provide for the cyclic review of all academic programs in
 1462  Florida College System institutions at least every 7 years.
 1463  Program reviews must document how individual academic programs
 1464  are achieving stated student learning and program objectives
 1465  within the context of the institution’s mission. The results of
 1466  the program reviews must inform strategic planning, program
 1467  development, and budgeting decisions at the institutional level.
 1468         (7) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE DEGREE
 1469  PROGRAMS.—The state board shall provide for the review and
 1470  approval of proposals by Florida College System institutions to
 1471  offer baccalaureate degree programs pursuant to s. 1007.33. A
 1472  Florida College System institution, as defined in s. 1000.21,
 1473  which is approved to offer baccalaureate degrees pursuant to s.
 1474  1007.33 remains under the authority of the state board and the
 1475  Florida College System institution’s board of trustees.
 1476         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1477  establish criteria for making recommendations for modifying
 1478  district boundary lines for a Florida College System
 1479  institution, including criteria for service delivery areas of a
 1480  Florida College System institution authorized to grant
 1481  baccalaureate degrees.
 1482         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1483  the performance of Florida College System institution boards of
 1484  trustees in enforcement of all laws and rules. Florida College
 1485  System institution boards of trustees are primarily responsible
 1486  for compliance with law and state board rule.
 1487         (a) In order to ensure compliance with law or state board
 1488  rule, the state board has the authority to request and receive
 1489  information, data, and reports from Florida College System
 1490  institutions. The Florida College System institution president
 1491  is responsible for the accuracy of the information and data
 1492  reported to the state board.
 1493         (b) The Chancellor of the Florida College System may
 1494  investigate allegations of noncompliance with law or state board
 1495  rule and determine probable cause. The chancellor shall report
 1496  determinations of probable cause to the State Board of Colleges,
 1497  which shall require the Florida College System institution board
 1498  of trustees to document compliance with law or state board rule.
 1499         (c) If the Florida College System institution board of
 1500  trustees cannot satisfactorily document compliance, the state
 1501  board may order compliance within a specified timeframe.
 1502         (d) If the state board determines that a Florida College
 1503  System institution board of trustees is unwilling or unable to
 1504  comply with law or state board rule within the specified time,
 1505  the state board has the authority to initiate any of the
 1506  following actions:
 1507         1. Report to the Legislature that the Florida College
 1508  System institution is unwilling or unable to comply with law or
 1509  state board rule and recommend that the Legislature take action
 1510  against the institution;
 1511         2. Withhold the transfer of state funds, discretionary
 1512  grant funds, discretionary lottery funds, or any other funds
 1513  specified as eligible for this purpose by the Legislature until
 1514  the Florida College System institution complies with the law or
 1515  state board rule;
 1516         3. Declare the Florida College System institution
 1517  ineligible for competitive grants; or
 1518         4. Require monthly or periodic reporting on the situation
 1519  related to noncompliance until it is remedied.
 1520         (e) This section may not be construed to create a private
 1521  cause of action or create any rights for individuals or entities
 1522  in addition to those provided elsewhere in law or rule.
 1523         (10) INSPECTOR GENERAL.—The inspector general is
 1524  responsible for promoting accountability, efficiency, and
 1525  effectiveness and detecting fraud and abuse within Florida
 1526  College System institutions. If the Chancellor of the Florida
 1527  College System determines that a Florida College System
 1528  institution board of trustees is unwilling or unable to address
 1529  substantiated allegations made by any person relating to waste,
 1530  fraud, or financial mismanagement within the Florida College
 1531  System institution, the inspector general shall conduct,
 1532  coordinate, or request investigations into such substantiated
 1533  allegations. The inspector general shall have access to all
 1534  information and personnel necessary to perform its duties and
 1535  shall have all of his or her current powers, duties, and
 1536  responsibilities authorized in s. 20.055.
 1537         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1538  state board shall coordinate with the State Board of Education:
 1539         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1540  education budget.
 1541         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1542  the Legislature a 3-year list of priorities for fixed capital
 1543  outlay projects.
 1544         (12) COMMON POSTSECONDARY DEFINITIONS.—The state board
 1545  shall, in collaboration with the State Board of Education, adopt
 1546  by rule definitions for associate in science degrees and for
 1547  certificates offered by Florida College System institutions.
 1548         Section 20. Subsection (1) of section 1001.61, Florida
 1549  Statutes, is amended to read:
 1550         1001.61 Florida College System institution boards of
 1551  trustees; membership.—
 1552         (1) Florida College System institution boards of trustees
 1553  shall be comprised of five members when a Florida College System
 1554  institution district is confined to one school board district;
 1555  seven members when a Florida College System institution district
 1556  is confined to one school board district and the board of
 1557  trustees so elects; and not more than nine members when the
 1558  district contains two or more school board districts, as
 1559  provided by rules of the State Board of Colleges Education.
 1560  However, Florida State College at Jacksonville shall have an odd
 1561  number of trustees, and St. Johns River State College shall have
 1562  seven trustees from the three-county area that the college
 1563  serves.
 1564         Section 21. Subsections (1) through (4), paragraphs (a) and
 1565  (g) of subsection (8), and subsections (11), (12), (14), (18),
 1566  (19), and (42) of section 1001.64, Florida Statutes, are amended
 1567  to read:
 1568         1001.64 Florida College System institution boards of
 1569  trustees; powers and duties.—
 1570         (1) The boards of trustees shall be responsible for cost
 1571  effective policy decisions appropriate to the Florida College
 1572  System institution’s mission, the implementation and maintenance
 1573  of high-quality education programs within law and rules of the
 1574  State Board of Colleges Education, the measurement of
 1575  performance, the reporting of information, and the provision of
 1576  input regarding state policy, budgeting, and education
 1577  standards.
 1578         (2) Each board of trustees is vested with the
 1579  responsibility to govern its respective Florida College System
 1580  institution and with such necessary authority as is needed for
 1581  the proper operation and improvement thereof in accordance with
 1582  rules of the State Board of Colleges Education.
 1583         (3) A board of trustees shall have the power to take action
 1584  without a recommendation from the president and shall have the
 1585  power to require the president to deliver to the board of
 1586  trustees all data and information required by the board of
 1587  trustees in the performance of its duties. A board of trustees
 1588  shall ask the Chancellor of the Florida College System
 1589  Commissioner of Education to authorize an investigation of the
 1590  president’s actions by the State Board of Colleges’ department’s
 1591  inspector general if the board considers such investigation
 1592  necessary. The inspector general shall provide a report
 1593  detailing each issue under investigation and shall recommend
 1594  corrective action. If the inspector general identifies potential
 1595  legal violations, he or she shall refer the potential legal
 1596  violations to the Commission on Ethics, the Department of Law
 1597  Enforcement, the Attorney General, or another appropriate
 1598  authority.
 1599         (4)(a) The board of trustees, after considering
 1600  recommendations submitted by the Florida College System
 1601  institution president, may adopt rules pursuant to ss.
 1602  120.536(1) and 120.54 to implement the provisions of law
 1603  conferring duties upon it. These rules may supplement those
 1604  prescribed by the State Board of Colleges Education if they will
 1605  contribute to the more orderly and efficient operation of
 1606  Florida College System institutions.
 1607         (b) Each board of trustees is specifically authorized to
 1608  adopt rules, procedures, and policies, consistent with law and
 1609  rules of the State Board of Colleges Education, related to its
 1610  mission and responsibilities as set forth in s. 1004.65, its
 1611  governance, personnel, budget and finance, administration,
 1612  programs, curriculum and instruction, buildings and grounds,
 1613  travel and purchasing, technology, students, contracts and
 1614  grants, or college property.
 1615         (8) Each board of trustees has authority for policies
 1616  related to students, enrollment of students, student records,
 1617  student activities, financial assistance, and other student
 1618  services.
 1619         (a) Each board of trustees shall govern admission of
 1620  students pursuant to s. 1007.263 and rules of the State Board of
 1621  Colleges Education. A board of trustees may establish additional
 1622  admissions criteria, which shall be included in the dual
 1623  enrollment articulation agreement developed according to s.
 1624  1007.271(21), to ensure student readiness for postsecondary
 1625  instruction. Each board of trustees may consider the past
 1626  actions of any person applying for admission or enrollment and
 1627  may deny admission or enrollment to an applicant because of
 1628  misconduct if determined to be in the best interest of the
 1629  Florida College System institution.
 1630         (g) Each board of trustees pursuant to s. 1006.53 shall
 1631  adopt a policy in accordance with rules of the State Board of
 1632  Colleges Education that reasonably accommodates the religious
 1633  observance, practice, and belief of individual students in
 1634  regard to admissions, class attendance, and the scheduling of
 1635  examinations and work assignments.
 1636         (11) Each board of trustees shall submit an institutional
 1637  budget request, including a request for fixed capital outlay,
 1638  and an operating budget to the State Board of Colleges Education
 1639  for review in accordance with guidelines established by the
 1640  State Board of Colleges Education.
 1641         (12) Each board of trustees shall account for expenditures
 1642  of all state, local, federal, and other funds in the manner
 1643  described by the State Board of Colleges Department of
 1644  Education.
 1645         (14) Each board of trustees shall develop a strategic plan
 1646  specifying institutional goals and objectives for the Florida
 1647  College System institution for recommendation to the State Board
 1648  of Colleges Education.
 1649         (18) Each board of trustees shall establish the personnel
 1650  program for all employees of the Florida College System
 1651  institution, including the president, pursuant to the provisions
 1652  of chapter 1012 and rules and guidelines of the State Board of
 1653  Colleges Education, including: compensation and other conditions
 1654  of employment; recruitment and selection; nonreappointment;
 1655  standards for performance and conduct; evaluation; benefits and
 1656  hours of work; leave policies; recognition; inventions and work
 1657  products; travel; learning opportunities; exchange programs;
 1658  academic freedom and responsibility; promotion; assignment;
 1659  demotion; transfer; ethical obligations and conflict of
 1660  interest; restrictive covenants; disciplinary actions;
 1661  complaints; appeals and grievance procedures; and separation and
 1662  termination from employment.
 1663         (19) Each board of trustees shall appoint, suspend, or
 1664  remove the president of the Florida College System institution.
 1665  The board of trustees may appoint a search committee. The board
 1666  of trustees shall conduct annual evaluations of the president in
 1667  accordance with rules of the State Board of Colleges Education
 1668  and submit such evaluations to the State Board of Colleges
 1669  Education for review. The evaluation must address the
 1670  achievement of the performance goals established by the
 1671  accountability process implemented pursuant to s. 1008.45 and
 1672  the performance of the president in achieving the annual and
 1673  long-term goals and objectives established in the Florida
 1674  College System institution’s employment accountability program
 1675  implemented pursuant to s. 1012.86.
 1676         (42) Each board of trustees shall implement a plan, in
 1677  accordance with guidelines of the State Board of Colleges
 1678  Education, for working on a regular basis with the other Florida
 1679  College System institution boards of trustees, representatives
 1680  of the university boards of trustees, and representatives of the
 1681  district school boards to achieve the goals of the seamless
 1682  education system.
 1683         Section 22. Subsections (1) through (5), (7), (11), (13),
 1684  (18), (21), and (22) of section 1001.65, Florida Statutes, are
 1685  amended to read:
 1686         1001.65 Florida College System institution presidents;
 1687  powers and duties.—The president is the chief executive officer
 1688  of the Florida College System institution, shall be corporate
 1689  secretary of the Florida College System institution board of
 1690  trustees, and is responsible for the operation and
 1691  administration of the Florida College System institution. Each
 1692  Florida College System institution president shall:
 1693         (1) Recommend the adoption of rules, as appropriate, to the
 1694  Florida College System institution board of trustees to
 1695  implement provisions of law governing the operation and
 1696  administration of the Florida College System institution, which
 1697  shall include the specific powers and duties enumerated in this
 1698  section. Such rules shall be consistent with law, the mission of
 1699  the Florida College System institution, and the rules and
 1700  policies of the State Board of Colleges Education.
 1701         (2) Prepare a budget request and an operating budget
 1702  pursuant to s. 1011.30 for approval by the Florida College
 1703  System institution board of trustees at such time and in such
 1704  format as the State Board of Colleges Education may prescribe.
 1705         (3) Establish and implement policies and procedures to
 1706  recruit, appoint, transfer, promote, compensate, evaluate,
 1707  reward, demote, discipline, and remove personnel, within law and
 1708  rules of the State Board of Colleges Education and in accordance
 1709  with rules or policies approved by the Florida College System
 1710  institution board of trustees.
 1711         (4) Govern admissions, subject to law and rules or policies
 1712  of the Florida College System institution board of trustees and
 1713  the State Board of Colleges Education.
 1714         (5) Approve, execute, and administer contracts for and on
 1715  behalf of the Florida College System institution board of
 1716  trustees for licenses; the acquisition or provision of
 1717  commodities, goods, equipment, and services; leases of real and
 1718  personal property; and planning and construction to be rendered
 1719  to or by the Florida College System institution, provided such
 1720  contracts are within law and guidelines of the State Board of
 1721  Colleges Education and in conformance with policies of the
 1722  Florida College System institution board of trustees, and are
 1723  for the implementation of approved programs of the Florida
 1724  College System institution.
 1725         (7) Establish the internal academic calendar of the Florida
 1726  College System institution within general guidelines of the
 1727  State Board of Colleges Education.
 1728         (11) Recommend to the board of trustees a schedule of
 1729  tuition and fees to be charged by the Florida College System
 1730  institution, within law and rules of the State Board of Colleges
 1731  Education.
 1732         (13) Review periodically the operations of the Florida
 1733  College System institution in order to determine how effectively
 1734  and efficiently the Florida College System institution is being
 1735  administered and whether it is meeting the goals of its
 1736  strategic plan adopted by the State Board of Colleges Education.
 1737         (18) Certify to the department a project’s compliance with
 1738  the requirements for expenditure of PECO funds prior to release
 1739  of funds pursuant to the provisions of chapter 1013.
 1740         (21) Have authority, after notice to the student of the
 1741  charges and after a hearing thereon, to expel, suspend, or
 1742  otherwise discipline any student who is found to have violated
 1743  any law, ordinance, or rule or regulation of the State Board of
 1744  Colleges Education or of the board of trustees of the Florida
 1745  College System institution pursuant to the provisions of s.
 1746  1006.62.
 1747         (22) Submit an annual employment accountability plan to the
 1748  State Board of Colleges Department of Education pursuant to the
 1749  provisions of s. 1012.86.
 1750         Section 23. Effective July 1, 2018, section 1001.66,
 1751  Florida Statutes, is amended to read:
 1752         1001.66 Florida College System Performance-Based
 1753  Incentive.—
 1754         (1) The State Board of Colleges shall adopt the following
 1755  performance-based metrics for use in awarding a Florida College
 1756  System Performance-Based Incentive shall be awarded to a Florida
 1757  College System institution: institutions using performance-based
 1758  metrics
 1759         (a) A student retention rate, as calculated by the State
 1760  Board of Colleges;
 1761         (b) A 100 percent-of-normal-time program completion and
 1762  graduation rate for full-time, first-time-in-college students,
 1763  as calculated by the State Board of Colleges using a cohort
 1764  definition of “full-time” based on a student’s majority
 1765  enrollment in full-time terms. This paragraph does not apply to
 1766  nondegree-seeking students;
 1767         (c) A continuing education or postgraduation job placement
 1768  rate for workforce education programs, including workforce
 1769  baccalaureate degree programs, as reported by the Florida
 1770  Education and Training Placement Information Program, with wage
 1771  thresholds that reflect the added value of the applicable
 1772  certificate or degree. This paragraph does not apply to
 1773  associate in arts degrees;
 1774         (d) A graduation rate for full-time, first-time-in-college
 1775  students enrolled in an associate of arts degree program who
 1776  graduate with a baccalaureate degree in 4 years after initially
 1777  enrolling in an associates of arts degree program; and
 1778         (e) One performance-based metric on college affordability
 1779  adopted by the State Board of Education. The performance-based
 1780  metrics must include retention rates; program completion and
 1781  graduation rates; postgraduation employment, salaries, and
 1782  continuing education for workforce education and baccalaureate
 1783  programs, with wage thresholds that reflect the added value of
 1784  the certificate or degree; and outcome measures appropriate for
 1785  associate of arts degree recipients.
 1786  
 1787  The state board shall adopt benchmarks to evaluate each
 1788  institution’s performance on the metrics to measure the
 1789  institution’s achievement of institutional excellence or need
 1790  for improvement and the minimum requirements for eligibility to
 1791  receive performance funding.
 1792         (2) Each fiscal year, the amount of funds available for
 1793  allocation to the Florida College System institutions based on
 1794  the performance-based funding model shall consist of the state’s
 1795  investment in performance funding plus institutional investments
 1796  consisting of funds to be redistributed from the base funding of
 1797  the Florida College System Program Fund as determined in the
 1798  General Appropriations Act. The State Board of Colleges
 1799  Education shall establish minimum performance funding
 1800  eligibility thresholds for the state’s investment and the
 1801  institutional investments. An institution that meets the minimum
 1802  institutional investment eligibility threshold, but fails to
 1803  meet the minimum state investment eligibility threshold, shall
 1804  have its institutional investment restored but is ineligible for
 1805  a share of the state’s investment in performance funding. The
 1806  institutional investment shall be restored for all institutions
 1807  eligible for the state’s investment under the performance-based
 1808  funding model.
 1809         (3)(a) Each Florida College System institution’s share of
 1810  the performance funding shall be calculated based on its
 1811  relative performance on the established metrics in conjunction
 1812  with the institutional size and scope.
 1813         (b) A Florida College System institution that fails to meet
 1814  the State Board of Colleges’ Education’s minimum institutional
 1815  investment performance funding eligibility threshold shall have
 1816  a portion of its institutional investment withheld by the state
 1817  board and must submit an improvement plan to the state board
 1818  which specifies the activities and strategies for improving the
 1819  institution’s performance. The state board must review and
 1820  approve the improvement plan and, if the plan is approved, must
 1821  monitor the institution’s progress in implementing the
 1822  activities and strategies specified in the improvement plan. The
 1823  institution shall submit monitoring reports to the state board
 1824  by December 31 and May 31 of each year in which an improvement
 1825  plan is in place. Beginning in the 2017-2018 fiscal year, the
 1826  ability of an institution to submit an improvement plan to the
 1827  state board is limited to 1 fiscal year.
 1828         (c) The Chancellor of the Florida College System
 1829  Commissioner of Education shall withhold disbursement of the
 1830  institutional investment until the monitoring report is approved
 1831  by the State Board of Colleges Education. A Florida College
 1832  System institution determined by the state board to be making
 1833  satisfactory progress on implementing the improvement plan shall
 1834  receive no more than one-half of the withheld institutional
 1835  investment in January and the balance of the withheld
 1836  institutional investment in June. An institution that fails to
 1837  make satisfactory progress may not have its full institutional
 1838  investment restored. Any institutional investment funds that are
 1839  not restored shall be redistributed in accordance with the state
 1840  board’s performance-based metrics.
 1841         (4) Distributions of performance funding, as provided in
 1842  this section, shall be made to each of the Florida College
 1843  System institutions listed in the Florida Colleges category in
 1844  the General Appropriations Act.
 1845         (5) By October 1 of each year, the State Board of Colleges
 1846  Education shall submit to the Governor, the President of the
 1847  Senate, and the Speaker of the House of Representatives a report
 1848  on the previous fiscal year’s performance funding allocation,
 1849  which must reflect the rankings and award distributions.
 1850         (6) The State Board of Colleges Education shall adopt rules
 1851  to administer this section.
 1852         Section 24. Effective July 1, 2018, section 1001.67,
 1853  Florida Statutes, is amended to read:
 1854         1001.67 Distinguished Florida College System Institution
 1855  Program.—A collaborative partnership is established between the
 1856  State Board of Colleges Education and the Legislature to
 1857  recognize the excellence of Florida’s highest-performing Florida
 1858  College System institutions.
 1859         (1) EXCELLENCE STANDARDS.—The following excellence
 1860  standards are established for the program:
 1861         (a) A 100 150 percent-of-normal-time completion rate for
 1862  full-time, first-time-in-college students of 50 percent or
 1863  higher, as calculated by the State Board of Division of Florida
 1864  Colleges.
 1865         (b) A 100 150 percent-of-normal-time completion rate for
 1866  full-time, first-time-in-college Pell Grant recipients of 40
 1867  percent or higher, as calculated by the State Board of Division
 1868  of Florida Colleges.
 1869         (c) A retention rate of 70 percent or higher, as calculated
 1870  by the State Board of Division of Florida Colleges.
 1871         (d) A continuing education, or transfer, rate of 72 percent
 1872  or higher for students graduating with an associate of arts
 1873  degree, as reported by the Florida Education and Training
 1874  Placement Information Program (FETPIP).
 1875         (e) A licensure passage rate on the National Council
 1876  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 1877  percent or higher for first-time exam takers, as reported by the
 1878  Board of Nursing.
 1879         (f) A job placement or continuing education or job
 1880  placement rate of 88 percent or higher for workforce programs,
 1881  as reported by FETPIP, with wage thresholds that reflect the
 1882  added value of the applicable certificate or degree. This
 1883  paragraph does not apply to associate of arts degrees.
 1884         (g) An excess hours rate of 40 percent or lower for A time
 1885  to-degree for students graduating with an associate of arts
 1886  degree recipients who graduate with 72 or more credit hours, as
 1887  calculated by the State Board of Colleges of 2.25 years or less
 1888  for first-time-in-college students with accelerated college
 1889  credits, as reported by the Southern Regional Education Board.
 1890         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 1891  Colleges Education shall designate each Florida College System
 1892  institution that meets five of the seven standards identified in
 1893  subsection (1) as a distinguished college.
 1894         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
 1895  institution designated as a distinguished college by the State
 1896  Board of Colleges Education is eligible for funding as specified
 1897  in the General Appropriations Act.
 1898         Section 25. Effective July 1, 2018, subsection (9) of
 1899  section 1001.706, Florida Statutes, is amended to read:
 1900         1001.706 Powers and duties of the Board of Governors.—
 1901         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 1902  shall implement a plan for working on a regular basis with the
 1903  State Board of Education, the State Board of Colleges, the
 1904  Commission for Independent Education, the Higher Education
 1905  Coordinating Council, the Articulation Coordinating Committee,
 1906  the university boards of trustees, representatives of the
 1907  Florida College System institution boards of trustees,
 1908  representatives of the private colleges and universities, and
 1909  representatives of the district school boards to achieve a
 1910  seamless education system.
 1911         Section 26. Section 1002.34, Florida Statutes, is amended
 1912  to read:
 1913         1002.34 Charter technical career centers; governance,
 1914  mission, and responsibilities.—
 1915         (1) MISSION AND AUTHORIZATION.—
 1916         (a) The primary mission of a charter technical career
 1917  center is to promote The Legislature finds that the
 1918  establishment of charter technical career centers can assist in
 1919  promoting advances and innovations in workforce preparation and
 1920  economic development. A charter technical career center may
 1921  provide a learning environment that better serves the needs of a
 1922  specific population group or a group of occupations, thus
 1923  promoting diversity and choices within the public education and
 1924  public postsecondary technical education community in this
 1925  state. Therefore, the creation of such centers is authorized as
 1926  part of the state’s program of public education. A charter
 1927  technical career center may be formed by creating a new school
 1928  or converting an existing school district or Florida College
 1929  System institution program to charter technical status.
 1930         (b) A charter technical career center that is operated by a
 1931  district school board may not offer a college credit course or
 1932  college credit certificate or an associate degree or
 1933  baccalaureate degree program.
 1934         (2) PURPOSE.—The purpose of a charter technical career
 1935  center is to:
 1936         (a) Develop a competitive workforce to support local
 1937  business and industry and economic development.
 1938         (b) Create a training and education model that is
 1939  reflective of marketplace realities.
 1940         (c) Offer a continuum of career educational opportunities
 1941  using a school-to-work, tech-prep, technical, academy, and
 1942  magnet school model.
 1943         (d) Provide career pathways for lifelong learning and
 1944  career mobility.
 1945         (e) Enhance career and technical training.
 1946         (3) DEFINITIONS.—As used in this section, the term:
 1947         (a) “Charter technical career center” or “center” means a
 1948  public school or a public technical center operated under a
 1949  charter granted by a district school board or Florida College
 1950  System institution board of trustees or a consortium, including
 1951  one or more district school boards and Florida College System
 1952  institution boards of trustees, that includes the district in
 1953  which the facility is located, that is nonsectarian in its
 1954  programs, admission policies, employment practices, and
 1955  operations, and is managed by a board of directors.
 1956         (b) “Sponsor” means a district school board, a Florida
 1957  College System institution board of trustees, or a consortium of
 1958  one or more of each.
 1959         (4) CHARTER.—A sponsor may designate centers as provided in
 1960  this section. An application to establish a center may be
 1961  submitted by a sponsor or another organization that is
 1962  determined, by rule of the State Board of Education, to be
 1963  appropriate. However, an independent school is not eligible for
 1964  status as a center. The charter must be signed by the governing
 1965  body of the center and the sponsor and must be approved by the
 1966  district school board and Florida College System institution
 1967  board of trustees in whose geographic region the facility is
 1968  located. If a charter technical career center is established by
 1969  the conversion to charter status of a public technical center
 1970  formerly governed by a district school board, the charter status
 1971  of that center takes precedence in any question of governance.
 1972  The governance of the center or of any program within the center
 1973  remains with its board of directors unless the board agrees to a
 1974  change in governance or its charter is revoked as provided in
 1975  subsection (15). Such a conversion charter technical career
 1976  center is not affected by a change in the governance of public
 1977  technical centers or of programs within other centers that are
 1978  or have been governed by district school boards. A charter
 1979  technical career center, or any program within such a center,
 1980  that was governed by a district school board and transferred to
 1981  a Florida College System institution prior to the effective date
 1982  of this act is not affected by this provision. An applicant who
 1983  wishes to establish a center must submit to the district school
 1984  board or Florida College System institution board of trustees,
 1985  or a consortium of one or more of each, an application on a form
 1986  developed by the Department of Education which includes:
 1987         (a) The name of the proposed center.
 1988         (b) The proposed structure of the center, including a list
 1989  of proposed members of the board of directors or a description
 1990  of the qualifications for and method of their appointment or
 1991  election.
 1992         (c) The workforce development goals of the center, the
 1993  curriculum to be offered, and the outcomes and the methods of
 1994  assessing the extent to which the outcomes are met.
 1995         (d) The admissions policy and criteria for evaluating the
 1996  admission of students.
 1997         (e) A description of the staff responsibilities and the
 1998  proposed qualifications of the teaching staff.
 1999         (f) A description of the procedures to be implemented to
 2000  ensure significant involvement of representatives of business
 2001  and industry in the operation of the center.
 2002         (g) A method for determining whether a student has
 2003  satisfied the requirements for graduation specified in s.
 2004  1002.3105(5), s. 1003.4281, or s. 1003.4282 and for completion
 2005  of a postsecondary certificate or degree.
 2006         (h) A method for granting secondary and postsecondary
 2007  diplomas, certificates, and degrees.
 2008         (i) A description of and address for the physical facility
 2009  in which the center will be located.
 2010         (j) A method for resolving conflicts between the governing
 2011  body of the center and the sponsor and between consortium
 2012  members, if applicable.
 2013         (k) A method for reporting student data as required by law
 2014  and rule.
 2015         (l) A statement that the applicant has participated in the
 2016  training provided by the Department of Education.
 2017         (m) The identity of all relatives employed by the charter
 2018  technical career center who are related to the center owner,
 2019  president, chairperson of the governing board of directors,
 2020  superintendent, governing board member, principal, assistant
 2021  principal, or any other person employed by the center who has
 2022  equivalent decisionmaking authority. As used in this paragraph,
 2023  the term “relative” means father, mother, son, daughter,
 2024  brother, sister, uncle, aunt, first cousin, nephew, niece,
 2025  husband, wife, father-in-law, mother-in-law, son-in-law,
 2026  daughter-in-law, brother-in-law, sister-in-law, stepfather,
 2027  stepmother, stepson, stepdaughter, stepbrother, stepsister, half
 2028  brother, or half sister.
 2029         (n) Other information required by the district school board
 2030  or Florida College System institution board of trustees.
 2031  
 2032  Students at a center must meet the same testing and academic
 2033  performance standards as those established by law and rule for
 2034  students at public schools and public technical centers. The
 2035  students must also meet any additional assessment indicators
 2036  that are included within the charter approved by the district
 2037  school board or Florida College System institution board of
 2038  trustees.
 2039         (5) APPLICATION.—An application to establish a center must
 2040  be submitted by February 1 of the year preceding the school year
 2041  in which the center will begin operation. The sponsor must
 2042  review the application using an evaluation instrument developed
 2043  by the Department of Education and make a final decision on
 2044  whether to approve the application and grant the charter by
 2045  March 1, and may condition the granting of a charter on the
 2046  center’s taking certain actions or maintaining certain
 2047  conditions. Such actions and conditions must be provided to the
 2048  applicant in writing. The district school board or Florida
 2049  College System institution board of trustees is not required to
 2050  issue a charter to any person.
 2051         (6) SPONSOR.—A district school board or Florida College
 2052  System institution board of trustees or a consortium of one or
 2053  more of each may sponsor a center in the county in which the
 2054  board has jurisdiction.
 2055         (a) A sponsor must review all applications for centers
 2056  received through at least February 1 of each calendar year for
 2057  centers to be opened at the beginning of the sponsor’s next
 2058  school year. A sponsor may receive applications later than this
 2059  date if it so chooses. To facilitate an accurate budget
 2060  projection process, a sponsor shall be held harmless for FTE
 2061  students who are not included in the FTE projection due to
 2062  approval of applications after the FTE projection deadline. A
 2063  sponsor must, by a majority vote, approve or deny an application
 2064  no later than 60 days after the application is received. If an
 2065  application is denied, the sponsor must, within 10 days, notify
 2066  the applicant in writing of the specific reasons for denial,
 2067  which must be based upon good cause. Upon approval of a charter
 2068  application, the initial startup must be consistent with the
 2069  beginning of the public school or Florida College System
 2070  institution calendar for the district in which the charter is
 2071  granted, unless the sponsor allows a waiver of this provision
 2072  for good cause.
 2073         (b) An applicant may appeal any denial of its application
 2074  to the State Board of Education within 30 days after the
 2075  sponsor’s denial and shall notify the sponsor of its appeal. Any
 2076  response of the sponsor must be submitted to the state board
 2077  within 30 days after notification of the appeal. The State Board
 2078  of Education must, by majority vote, accept or reject the
 2079  decision of the sponsor no later than 60 days after an appeal is
 2080  filed, pursuant to State Board of Education rule. The State
 2081  Board of Education may reject an appeal for failure to comply
 2082  with procedural rules governing the appeals process, and the
 2083  rejection must describe the submission errors. The appellant may
 2084  have up to 15 days after notice of rejection to resubmit an
 2085  appeal. An application for appeal submitted after a rejection is
 2086  timely if the original appeal was filed within 30 days after the
 2087  sponsor’s denial. The State Board of Education shall remand the
 2088  application to the sponsor with a written recommendation that
 2089  the sponsor approve or deny the application, consistent with the
 2090  state board’s decision. The decision of the State Board of
 2091  Education is not subject to the provisions of chapter 120.
 2092         (c) The sponsor must act upon the recommendation of the
 2093  State Board of Education within 30 days after it is received,
 2094  unless the sponsor determines by competent substantial evidence
 2095  that approving the state board’s recommendation would be
 2096  contrary to law or the best interests of the students or the
 2097  community. The sponsor must notify the applicant in writing
 2098  concerning the specific reasons for its failure to follow the
 2099  state board’s recommendation. The sponsor’s action on the state
 2100  board’s recommendation is a final action, subject to judicial
 2101  review.
 2102         (d)1. The Department of Education shall offer or arrange
 2103  for training and technical assistance to centers which must
 2104  include developing and amending business plans, estimating and
 2105  accounting for costs and income, complying with state and
 2106  federal grant and student performance accountability reporting
 2107  requirements, implementing good business practices, and
 2108  identifying state and federal financial aid the center may be
 2109  eligible to receive.
 2110         2. An applicant must participate in the training provided
 2111  by the department after approval of its application but at least
 2112  30 days before the first day of classes at the center. The
 2113  department may provide technical assistance to an applicant upon
 2114  written request.
 2115         (e) The terms and conditions for the operation of a center
 2116  must be agreed to by the sponsor and the applicant in a written
 2117  contract. The sponsor may not impose unreasonable requirements
 2118  that violate the intent of giving centers greater flexibility to
 2119  meet educational goals. The applicant and sponsor must reach an
 2120  agreement on the provisions of the contract or the application
 2121  is deemed denied.
 2122         (f) The sponsor shall monitor and review the center’s
 2123  progress toward charter goals and shall monitor the center’s
 2124  revenues and expenditures. The sponsor shall perform the duties
 2125  provided in s. 1002.345.
 2126         (7) LEGAL ENTITY.—A center must organize as a nonprofit
 2127  organization and adopt a name and corporate seal. A center is a
 2128  body corporate and politic, with all powers to implement its
 2129  charter program. The center may:
 2130         (a) Be a private or a public employer.
 2131         (b) Sue and be sued, but only to the same extent and upon
 2132  the same conditions that a public entity can be sued.
 2133         (c) Acquire real property by purchase, lease, lease with an
 2134  option to purchase, or gift, to use as a center facility.
 2135         (d) Receive and disburse funds.
 2136         (e) Enter into contracts or leases for services, equipment,
 2137  or supplies.
 2138         (f) Incur temporary debts in anticipation of the receipt of
 2139  funds.
 2140         (g) Solicit and accept gifts or grants for career center
 2141  purposes.
 2142         (h) Take any other action that is not inconsistent with
 2143  this section and rules adopted under this section.
 2144         (8) ELIGIBLE STUDENTS.—A center must be open to all
 2145  students as space is available and may not discriminate in
 2146  admissions policies or practices on the basis of an individual’s
 2147  physical disability or proficiency in English or on any other
 2148  basis that would be unlawful if practiced by a public school or
 2149  a Florida College System institution. A center may establish
 2150  reasonable criteria by which to evaluate prospective students,
 2151  which criteria must be outlined in the charter.
 2152         (9) FACILITIES.—A center may be located in any suitable
 2153  location, including part of an existing public school or Florida
 2154  College System institution building, space provided on a public
 2155  worksite, or a public building. A center’s facilities must
 2156  comply with the State Uniform Building Code for Public
 2157  Educational Facilities Construction adopted pursuant to s.
 2158  1013.37, or with applicable state minimum building codes
 2159  pursuant to chapter 553, and state minimum fire protection codes
 2160  pursuant to s. 633.208, adopted by the authority in whose
 2161  jurisdiction the facility is located. If K-12 public school
 2162  funds are used for construction, the facility must remain on the
 2163  local school district’s Florida Inventory of School Houses
 2164  (FISH) school building inventory of the district school board
 2165  and must revert to the district school board if the consortium
 2166  dissolves and the program is discontinued. If Florida College
 2167  System institution public school funds are used for
 2168  construction, the facility must remain on the local Florida
 2169  College System institution’s facilities inventory and must
 2170  revert to the local Florida College System institution board of
 2171  trustees if the consortium dissolves and the program is
 2172  discontinued. The additional student capacity created by the
 2173  addition of the center to the local school district’s FISH may
 2174  not be calculated in the permanent student capacity for the
 2175  purpose of determining need or eligibility for state capital
 2176  outlay funds while the facility is used as a center. If the
 2177  construction of the center is funded jointly by K-12 public
 2178  school funds and Florida College System institution funds, the
 2179  sponsoring entities must agree, before granting the charter, on
 2180  the appropriate owner and terms of transfer of the facility if
 2181  the charter is dissolved.
 2182         (10) EXEMPTION FROM STATUTES.—
 2183         (a) A center must operate pursuant to its charter and is
 2184  exempt from all statutes of the Florida School Code except
 2185  provisions pertaining to civil rights and to student health,
 2186  safety, and welfare, or as otherwise required by law.
 2187         (b) A center must comply with the Florida K-20 Education
 2188  Code with respect to providing services to students with
 2189  disabilities.
 2190         (c) A center must comply with the antidiscrimination
 2191  provisions in s. 1000.05 and the provisions in s. 1002.33(24)
 2192  which relate to the employment of relatives.
 2193         (11) FUNDING.—
 2194         (a) Notwithstanding any other provision of law, a charter
 2195  technical career center’s student membership enrollment must be
 2196  calculated pursuant to this section.
 2197         (b) Each district school board and Florida College System
 2198  institution that sponsors a charter technical career center
 2199  shall pay directly to the center an amount stated in the
 2200  charter. State funding shall be generated for the center for its
 2201  student enrollment and program outcomes as provided in law. A
 2202  center is eligible for funding from workforce education funds,
 2203  the Florida Education Finance Program, and the Florida College
 2204  System Program Fund, depending upon the programs conducted by
 2205  the center.
 2206         (c) A center may receive other state and federal aid,
 2207  grants, and revenue through the district school board or Florida
 2208  College System institution board of trustees.
 2209         (d) A center may receive gifts and grants from private
 2210  sources.
 2211         (e) A center may not levy taxes or issue bonds, but it may
 2212  charge a student tuition fee consistent with authority granted
 2213  in its charter and permitted by law.
 2214         (f) A center shall provide for an annual financial audit in
 2215  accordance with s. 218.39. A center shall provide a monthly
 2216  financial statement to the sponsor. The monthly financial
 2217  statement shall be in a form prescribed by the Department of
 2218  Education.
 2219         (g) A center must define in the charter agreement the
 2220  delivery system in which the instructional offering of
 2221  educational services will be placed. The rules governing this
 2222  delivery system must be applied to all of the center’s students
 2223  and must authorize all other sponsoring educational systems to
 2224  report required enrollment and student data based solely on the
 2225  rules of the offering institution. Each sponsor shall earn full
 2226  time equivalent membership for each student for funding and
 2227  reporting purposes.
 2228         (12) EMPLOYEES OF A CENTER.—
 2229         (a) A center may select its own employees.
 2230         (b) A center may contract for services with an individual,
 2231  partnership, or a cooperative. Such persons contracted with are
 2232  not public employees.
 2233         (c) If a center contracts with a public educational agency
 2234  for services, the terms of employment must follow existing state
 2235  law and rule and local policies and procedures.
 2236         (d) The employees of a center may bargain collectively, as
 2237  a separate unit or as part of the existing district collective
 2238  bargaining unit, as determined by the structure of the center.
 2239         (e) As a public employer, a center may participate in:
 2240         1. The Florida Retirement System upon application and
 2241  approval as a “covered group” under s. 121.021(34). If a center
 2242  participates in the Florida Retirement System, its employees are
 2243  compulsory members of the Florida Retirement System.
 2244         2. The State Community College System Optional Retirement
 2245  Program pursuant to s. 1012.875(2), if the charter is granted by
 2246  a Florida College System institution that participates in the
 2247  optional retirement program and meets the eligibility criteria
 2248  of s. 121.051(2)(c).
 2249         (f) Teachers who are considered qualified by the career
 2250  center are exempt from state certification requirements.
 2251         (g) A public school or Florida College System institution
 2252  teacher or administrator may take a leave of absence to accept
 2253  employment in a charter technical career center upon the
 2254  approval of the school district or Florida College System
 2255  institution.
 2256         (h) An employee who is on a leave of absence under this
 2257  section may retain seniority accrued in that school district or
 2258  Florida College System institution and may continue to be
 2259  covered by the benefit programs of that district or Florida
 2260  College System institution if the center and the district school
 2261  board or Florida College System institution board of trustees
 2262  agree to this arrangement and its financing.
 2263         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
 2264  of a center may decide matters relating to the operation of the
 2265  school, including budgeting, curriculum, and operating
 2266  procedures, subject to the center’s charter. The board of
 2267  directors is responsible for performing the duties provided in
 2268  s. 1002.345, including monitoring the corrective action plan.
 2269  The board of directors must comply with s. 1002.33(26).
 2270         (14) ACCOUNTABILITY.—Each center must submit a report to
 2271  the participating district school board or Florida College
 2272  System institution board of trustees by August 1 of each year.
 2273  The report must be in such form as the sponsor prescribes and
 2274  must include:
 2275         (a) A discussion of progress made toward the achievement of
 2276  the goals outlined in the center’s charter.
 2277         (b) A financial statement setting forth by appropriate
 2278  categories the revenue and expenditures for the previous school
 2279  year.
 2280         (15) TERMS OF THE CHARTER.—The term of an initial charter
 2281  may not exceed 5 years. Thereafter, the sponsor may renew a
 2282  charter for a period up to 5 years. The sponsor may refuse to
 2283  renew a charter or may revoke a charter if the center has not
 2284  fulfilled a condition imposed under the charter or if the center
 2285  has violated any provision of the charter. The sponsor may place
 2286  the center on probationary status to allow the implementation of
 2287  a remedial plan, after which, if the plan is unsuccessful, the
 2288  charter may be summarily revoked. The sponsor shall develop
 2289  procedures and guidelines for the revocation and renewal of a
 2290  center’s charter. The sponsor must give written notice of its
 2291  intent not to renew the charter at least 12 months before the
 2292  charter expires. If the sponsor revokes a charter before the
 2293  scheduled expiration date, the sponsor must provide written
 2294  notice to the governing board of the center at least 60 days
 2295  before the date of termination, stating the grounds for the
 2296  proposed revocation. The governing board of the center may
 2297  request in writing an informal hearing before the sponsor within
 2298  14 days after receiving the notice of revocation. A revocation
 2299  takes effect at the conclusion of a school year, unless the
 2300  sponsor determines that earlier revocation is necessary to
 2301  protect the health, safety, and welfare of students. The sponsor
 2302  shall monitor and review the center in its progress toward the
 2303  goals established in the charter and shall monitor the revenues
 2304  and expenditures of the center.
 2305         (16) TRANSPORTATION.—The center may provide transportation,
 2306  pursuant to chapter 1006, through a contract with the district
 2307  school board or the Florida College System institution board of
 2308  trustees, a private provider, or parents of students. The center
 2309  must ensure that transportation is not a barrier to equal access
 2310  for all students in grades K-12 residing within a reasonable
 2311  distance of the facility.
 2312         (17) IMMUNITY.—For the purposes of tort liability, the
 2313  governing body and employees of a center are governed by s.
 2314  768.28.
 2315         (18) RULES.—The State Board of Education, for technical
 2316  centers operated by school districts, and the State Board of
 2317  Colleges, for technical centers operated by Florida College
 2318  System institutions, shall adopt rules, pursuant to ss.
 2319  120.536(1) and 120.54, relating to the implementation of charter
 2320  technical career centers, including rules to implement a charter
 2321  model application form and an evaluation instrument in
 2322  accordance with this section.
 2323         (19) EVALUATION; REPORT.—The Commissioner of Education
 2324  shall provide for an annual comparative evaluation of charter
 2325  technical career centers and public technical centers. The
 2326  evaluation may be conducted in cooperation with the sponsor,
 2327  through private contracts, or by department staff. At a minimum,
 2328  the comparative evaluation must address the demographic and
 2329  socioeconomic characteristics of the students served, the types
 2330  and costs of services provided, and the outcomes achieved. By
 2331  December 30 of each year, the Commissioner of Education shall
 2332  submit to the Governor, the President of the Senate, the Speaker
 2333  of the House of Representatives, and the Senate and House
 2334  committees that have responsibility for secondary and
 2335  postsecondary career and technical education a report of the
 2336  comparative evaluation completed for the previous school year.
 2337         Section 27. Paragraph (b) of subsection (4) of section
 2338  1003.491, Florida Statutes, is amended to read:
 2339         1003.491 Florida Career and Professional Education Act.—The
 2340  Florida Career and Professional Education Act is created to
 2341  provide a statewide planning partnership between the business
 2342  and education communities in order to attract, expand, and
 2343  retain targeted, high-value industry and to sustain a strong,
 2344  knowledge-based economy.
 2345         (4) The State Board of Education shall establish a process
 2346  for the continual and uninterrupted review of newly proposed
 2347  core secondary courses and existing courses requested to be
 2348  considered as core courses to ensure that sufficient rigor and
 2349  relevance is provided for workforce skills and postsecondary
 2350  education and aligned to state curriculum standards.
 2351         (b) The curriculum review committee shall review newly
 2352  proposed core courses electronically. Each proposed core course
 2353  shall be approved or denied within 30 days after submission by a
 2354  district school board or local workforce development board. All
 2355  courses approved as core courses for purposes of middle school
 2356  promotion and high school graduation shall be immediately added
 2357  to the Course Code Directory. Approved core courses shall also
 2358  be reviewed and considered for approval for dual enrollment
 2359  credit. The Board of Governors, the State Board of Colleges, and
 2360  the Commissioner of Education shall jointly recommend an annual
 2361  deadline for approval of new core courses to be included for
 2362  purposes of postsecondary admissions and dual enrollment credit
 2363  the following academic year. The State Board of Education shall
 2364  establish an appeals process in the event that a proposed course
 2365  is denied which shall require a consensus ruling by the
 2366  Department of Economic Opportunity and the Commissioner of
 2367  Education within 15 days.
 2368         Section 28. Paragraph (b) of subsection (4) of section
 2369  1003.493, Florida Statutes, is amended to read:
 2370         1003.493 Career and professional academies and career
 2371  themed courses.—
 2372         (4) Each career and professional academy and secondary
 2373  school providing a career-themed course must:
 2374         (b) Include one or more partnerships with postsecondary
 2375  institutions, businesses, industry, employers, economic
 2376  development organizations, or other appropriate partners from
 2377  the local community. Such partnerships with postsecondary
 2378  institutions shall be delineated in articulation agreements and
 2379  include any career and professional academy courses or career
 2380  themed courses that earn postsecondary credit. Such agreements
 2381  may include articulation between the secondary school and public
 2382  or private 2-year and 4-year postsecondary institutions and
 2383  technical centers. The Department of Education, in consultation
 2384  with the Board of Governors and the State Board of Colleges,
 2385  shall establish a mechanism to ensure articulation and transfer
 2386  of credits to postsecondary institutions in this state. Such
 2387  partnerships must provide opportunities for:
 2388         1. Instruction from highly skilled professionals who
 2389  possess industry-certification credentials for courses they are
 2390  teaching.
 2391         2. Internships, externships, and on-the-job training.
 2392         3. A postsecondary degree, diploma, or certificate.
 2393         4. The highest available level of industry certification.
 2394         5. Maximum articulation of credits pursuant to s. 1007.23
 2395  upon program completion.
 2396         Section 29. Subsections (4), (5), and (6) of section
 2397  1004.015, Florida Statutes, are amended to read:
 2398         1004.015 Higher Education Coordinating Council.—
 2399         (4) The council shall serve as an advisory board to the
 2400  Legislature, the State Board of Education, and the Board of
 2401  Governors, and the State Board of Colleges. Recommendations of
 2402  the council shall be consistent with the following guiding
 2403  principles:
 2404         (a) To achieve within existing resources a seamless
 2405  academic educational system that fosters an integrated continuum
 2406  of kindergarten through graduate school education for Florida’s
 2407  students.
 2408         (b) To promote consistent education policy across all
 2409  educational delivery systems, focusing on students.
 2410         (c) To promote substantially improved articulation across
 2411  all educational delivery systems.
 2412         (d) To promote a system that maximizes educational access
 2413  and allows the opportunity for a high-quality education for all
 2414  Floridians.
 2415         (e) To promote a system of coordinated and consistent
 2416  transfer of credit and data collection for improved
 2417  accountability purposes between the educational delivery
 2418  systems.
 2419         (5) The council shall annually by December 31 submit to the
 2420  Governor, the President of the Senate, the Speaker of the House
 2421  of Representatives, the Board of Governors, the State Board of
 2422  Colleges, and the State Board of Education a report outlining
 2423  its recommendations relating to:
 2424         (a) The primary core mission of public and nonpublic
 2425  postsecondary education institutions in the context of state
 2426  access demands and economic development goals.
 2427         (b) Performance outputs and outcomes designed to meet
 2428  annual and long-term state goals, including, but not limited to,
 2429  increased student access, preparedness, retention, transfer, and
 2430  completion. Performance measures must be consistent across
 2431  sectors and allow for a comparison of the state’s performance to
 2432  that of other states.
 2433         (c) The state’s articulation policies and practices to
 2434  ensure that cost benefits to the state are maximized without
 2435  jeopardizing quality. The recommendations shall consider return
 2436  on investment for both the state and students and propose
 2437  systems to facilitate and ensure institutional compliance with
 2438  state articulation policies.
 2439         (d) Workforce development education, specifically
 2440  recommending improvements to the consistency of workforce
 2441  education data collected and reported by Florida College System
 2442  institutions and school districts, including the establishment
 2443  of common elements and definitions for any data that is used for
 2444  state and federal funding and program accountability.
 2445         (6) The Office of K-20 Articulation, in collaboration with
 2446  the Board of Governors and the State Board of Division of
 2447  Florida Colleges, shall provide administrative support for the
 2448  council.
 2449         Section 30. Subsection (7) of section 1004.02, Florida
 2450  Statutes, is amended to read:
 2451         1004.02 Definitions.—As used in this chapter:
 2452         (7) “Applied technology diploma program” means a course of
 2453  study that is part of a technical degree program, is less than
 2454  60 credit hours, and leads to employment in a specific
 2455  occupation. An applied technology diploma program may consist of
 2456  either technical credit or college credit. A public school
 2457  district may offer an applied technology diploma program only as
 2458  technical credit, with college credit awarded to a student upon
 2459  articulation to a Florida College System institution. Statewide
 2460  articulation among public schools and Florida College System
 2461  institutions is guaranteed by s. 1007.23, and is subject to
 2462  guidelines and standards adopted by the State Board of Colleges
 2463  Education pursuant to ss. 1007.24 and 1007.25.
 2464         Section 31. Subsection (2) of section 1004.03, Florida
 2465  Statutes, is amended to read:
 2466         1004.03 Program approval.—
 2467         (2) The State Board of Colleges Education shall establish
 2468  criteria for the approval of new programs at Florida College
 2469  System institutions, which criteria include, but are not limited
 2470  to, the following:
 2471         (a) New programs may not be approved unless the same
 2472  objectives cannot be met through use of educational technology.
 2473         (b) Unnecessary duplication of programs offered by
 2474  independent institutions shall be avoided.
 2475         (c) Cooperative programs, particularly within regions,
 2476  should be encouraged.
 2477         (d) New programs may be approved only if they are
 2478  consistent with the state master plan adopted by the State Board
 2479  of Colleges Education.
 2480         Section 32. Paragraph (f) of subsection (4) of section
 2481  1004.04, Florida Statutes, is amended to read:
 2482         1004.04 Public accountability and state approval for
 2483  teacher preparation programs.—
 2484         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2485  teacher preparation program shall be based upon evidence that
 2486  the program continues to implement the requirements for initial
 2487  approval and upon significant, objective, and quantifiable
 2488  measures of the program and the performance of the program
 2489  completers.
 2490         (f) By January 1 of each year, the Department of Education
 2491  shall report the results of each approved program’s annual
 2492  progress on the performance measures in paragraph (a) as well as
 2493  the current approval status of each program to:
 2494         1. The Governor.
 2495         2. The President of the Senate.
 2496         3. The Speaker of the House of Representatives.
 2497         4. The State Board of Education.
 2498         5. The Board of Governors.
 2499         6. The State Board of Colleges.
 2500         7. The Commissioner of Education.
 2501         8.7. Each Florida postsecondary teacher preparation
 2502  program.
 2503         9.8. Each district school superintendent.
 2504         10.9. The public.
 2505  
 2506  This report may include the results of other continued approval
 2507  requirements provided by State Board of Education rule and
 2508  recommendations for improving teacher preparation programs in
 2509  the state.
 2510         Section 33. Subsections (2), (3), and (4) of section
 2511  1004.07, Florida Statutes, are amended, and subsection (5) is
 2512  added to that section, to read:
 2513         1004.07 Student withdrawal from courses due to military
 2514  service; effect.—
 2515         (2) Such policies must shall provide that any student
 2516  enrolled in a postsecondary course or courses at a career
 2517  center, a Florida College System institution, or a state
 2518  university may shall not incur academic or financial penalties
 2519  by virtue of performing military service on behalf of our
 2520  country. Such student shall be permitted the option of either
 2521  completing the course or courses at a later date without penalty
 2522  or withdrawing from the course or courses with a full refund of
 2523  fees paid. If the student chooses to withdraw, the student’s
 2524  record shall reflect that the withdrawal is due to active
 2525  military service.
 2526         (3) Policies of district school boards must and Florida
 2527  College System institution boards of trustees shall be
 2528  established by rule and pursuant to guidelines of the State
 2529  Board of Education.
 2530         (4) Policies of state university boards of trustees must
 2531  shall be established by regulation and pursuant to guidelines of
 2532  the Board of Governors.
 2533         (5) Policies of Florida College System institution boards
 2534  of trustees must be established by rule and pursuant to
 2535  guidelines of the State Board of Colleges.
 2536         Section 34. Section 1004.084, Florida Statutes, is amended
 2537  to read:
 2538         1004.084 College affordability.—
 2539         (1) The Board of Governors and the State Board of Colleges
 2540  Education shall annually identify strategies to promote college
 2541  affordability for all Floridians by evaluating, at a minimum,
 2542  the impact of:
 2543         (a) Tuition and fees on undergraduate, graduate, and
 2544  professional students at public colleges and universities and
 2545  graduate assistants employed by public universities.
 2546         (b) Federal, state, and institutional financial aid
 2547  policies on the actual cost of attendance for students and their
 2548  families.
 2549         (c) The costs of textbooks and instructional materials.
 2550         (2) By December 31 of each year, beginning in 2016, the
 2551  Board of Governors and the State Board of Colleges Education
 2552  shall submit a report on their respective college affordability
 2553  initiatives to the Governor, the President of the Senate, and
 2554  the Speaker of the House of Representatives.
 2555         Section 35. Paragraph (d) of subsection (3) and subsections
 2556  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2557  amended to read:
 2558         1004.085 Textbook and instructional materials
 2559  affordability.—
 2560         (3) An employee may receive:
 2561         (d) Fees associated with activities such as reviewing,
 2562  critiquing, or preparing support materials for textbooks or
 2563  instructional materials pursuant to guidelines adopted by the
 2564  State Board of Colleges Education or the Board of Governors.
 2565         (6) Each Florida College System institution and state
 2566  university shall post prominently in the course registration
 2567  system and on its website, as early as is feasible, but at least
 2568  45 days before the first day of class for each term, a hyperlink
 2569  to lists of required and recommended textbooks and instructional
 2570  materials for at least 95 percent of all courses and course
 2571  sections offered at the institution during the upcoming term.
 2572  The lists must include the International Standard Book Number
 2573  (ISBN) for each required and recommended textbook and
 2574  instructional material or other identifying information, which
 2575  must include, at a minimum, all of the following: the title, all
 2576  authors listed, publishers, edition number, copyright date,
 2577  published date, and other relevant information necessary to
 2578  identify the specific textbooks or instructional materials
 2579  required and recommended for each course. The State Board of
 2580  Colleges Education and the Board of Governors shall include in
 2581  the policies, procedures, and guidelines adopted under
 2582  subsection (7) certain limited exceptions to this notification
 2583  requirement for classes added after the notification deadline.
 2584         (7) After receiving input from students, faculty,
 2585  bookstores, and publishers, the State Board of Colleges
 2586  Education and the Board of Governors each shall adopt textbook
 2587  and instructional materials affordability policies, procedures,
 2588  and guidelines for implementation by Florida College System
 2589  institutions and state universities, respectively, that further
 2590  efforts to minimize the cost of textbooks and instructional
 2591  materials for students attending such institutions while
 2592  maintaining the quality of education and academic freedom. The
 2593  policies, procedures, and guidelines shall address:
 2594         (a) The establishment of deadlines for an instructor or
 2595  department to notify the bookstore of required and recommended
 2596  textbooks and instructional materials so that the bookstore may
 2597  verify availability, source lower cost options when practicable,
 2598  explore alternatives with faculty when academically appropriate,
 2599  and maximize the availability of used textbooks and
 2600  instructional materials.
 2601         (b) Confirmation by the course instructor or academic
 2602  department offering the course, before the textbook or
 2603  instructional materials adoption is finalized, of the intent to
 2604  use all items ordered, particularly each individual item sold as
 2605  part of a bundled package.
 2606         (c) Determination by a course instructor or the academic
 2607  department offering the course, before a textbook or
 2608  instructional material is adopted, of the extent to which a new
 2609  edition differs significantly and substantively from earlier
 2610  versions and the value to the student of changing to a new
 2611  edition or the extent to which an open-access textbook or
 2612  instructional material is available.
 2613         (d) The availability of required and recommended textbooks
 2614  and instructional materials to students otherwise unable to
 2615  afford the cost, including consideration of the extent to which
 2616  an open-access textbook or instructional material may be used.
 2617         (e) Participation by course instructors and academic
 2618  departments in the development, adaptation, and review of open
 2619  access textbooks and instructional materials and, in particular,
 2620  open-access textbooks and instructional materials for high
 2621  demand general education courses.
 2622         (f) Consultation with school districts to identify
 2623  practices that impact the cost of dual enrollment textbooks and
 2624  instructional materials to school districts, including, but not
 2625  limited to, the length of time that textbooks and instructional
 2626  materials remain in use.
 2627         (g) Selection of textbooks and instructional materials
 2628  through cost-benefit analyses that enable students to obtain the
 2629  highest-quality product at the lowest available price, by
 2630  considering:
 2631         1. Purchasing digital textbooks in bulk.
 2632         2. Expanding the use of open-access textbooks and
 2633  instructional materials.
 2634         3. Providing rental options for textbooks and instructional
 2635  materials.
 2636         4. Increasing the availability and use of affordable
 2637  digital textbooks and learning objects.
 2638         5. Developing mechanisms to assist in buying, renting,
 2639  selling, and sharing textbooks and instructional materials.
 2640         6. The length of time that textbooks and instructional
 2641  materials remain in use.
 2642         7. An evaluation of cost savings for textbooks and
 2643  instructional materials which a student may realize if
 2644  individual students are able to exercise opt-in provisions for
 2645  the purchase of the materials.
 2646         (8) The board of trustees of each Florida College System
 2647  institution and state university shall report, by September 30
 2648  of each year, beginning in 2016, to the Chancellor of the
 2649  Florida College System or the Chancellor of the State University
 2650  System, as applicable, the textbook and instructional materials
 2651  selection process for general education courses with a wide cost
 2652  variance identified pursuant to subsection (4) and high
 2653  enrollment courses; specific initiatives of the institution
 2654  designed to reduce the costs of textbooks and instructional
 2655  materials; policies implemented in accordance with subsection
 2656  (6); the number of courses and course sections that were not
 2657  able to meet the textbook and instructional materials posting
 2658  deadline for the previous academic year; and any additional
 2659  information determined by the chancellors. By November 1 of each
 2660  year, beginning in 2016, each chancellor shall provide a summary
 2661  of the information provided by institutions to the State Board
 2662  of Colleges Education and the Board of Governors, as applicable.
 2663         Section 36. Section 1004.096, Florida Statutes, is amended
 2664  to read:
 2665         1004.096 College credit for military training and education
 2666  courses.—The Board of Governors shall adopt regulations and the
 2667  State Board of Colleges Education shall adopt rules that enable
 2668  eligible servicemembers or veterans of the United States Armed
 2669  Forces to earn academic college credit at public postsecondary
 2670  educational institutions for college-level training and
 2671  education acquired in the military. The regulations and rules
 2672  shall include procedures for credential evaluation and the award
 2673  of academic college credit, including, but not limited to,
 2674  equivalency and alignment of military coursework with
 2675  appropriate college courses, course descriptions, type and
 2676  amount of college credit that may be awarded, and transfer of
 2677  credit.
 2678         Section 37. Section 1004.0961, Florida Statutes, is amended
 2679  to read:
 2680         1004.0961 Credit for online courses.—Beginning in the 2015
 2681  2016 school year, The State Board of Colleges Education shall
 2682  adopt rules and the Board of Governors shall adopt regulations
 2683  that enable students to earn academic credit for online courses,
 2684  including massive open online courses, before initial enrollment
 2685  at a postsecondary institution. The rules of the State Board of
 2686  Colleges Education and regulations of the Board of Governors
 2687  must include procedures for credential evaluation and the award
 2688  of credit, including, but not limited to, recommendations for
 2689  credit by the American Council on Education; equivalency and
 2690  alignment of coursework with appropriate courses; course
 2691  descriptions; type and amount of credit that may be awarded; and
 2692  transfer of credit.
 2693         Section 38. Section 1004.35, Florida Statutes, is amended
 2694  to read:
 2695         1004.35 Broward County campuses of Florida Atlantic
 2696  University; coordination with other institutions.—The State
 2697  Board of Colleges Education, the Board of Governors, and Florida
 2698  Atlantic University shall consult with Broward College and
 2699  Florida International University in coordinating course
 2700  offerings at the postsecondary level in Broward County. Florida
 2701  Atlantic University may contract with the Board of Trustees of
 2702  Broward College and with Florida International University to
 2703  provide instruction in courses offered at the Southeast Campus.
 2704  Florida Atlantic University shall increase course offerings at
 2705  the Southeast Campus as facilities become available.
 2706         Section 39. Paragraphs (c) and (d) of subsection (5) and
 2707  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2708  are amended to read:
 2709         1004.6495 Florida Postsecondary Comprehensive Transition
 2710  Program and Florida Center for Students with Unique Abilities.—
 2711         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2712  Students with Unique Abilities is established within the
 2713  University of Central Florida. At a minimum, the center shall:
 2714         (c) Create the application for the initial approval and
 2715  renewal of approval as an FPCTP for use by an eligible
 2716  institution which, at a minimum, must align with the federal
 2717  comprehensive transition and postsecondary program application
 2718  requirements. Notwithstanding the program approval requirements
 2719  of s. 1004.03, the director shall review applications for the
 2720  initial approval of an application for, or renewal of approval
 2721  of, an FPCTP.
 2722         1. Within 30 days after receipt of an application, the
 2723  director shall issue his or her recommendation regarding
 2724  approval to the Chancellor of the State University System, or
 2725  the Chancellor of the Florida College System, or the
 2726  Commissioner of Education, as applicable, or shall give written
 2727  notice to the applicant of any deficiencies in the application,
 2728  which the eligible institution must be given an opportunity to
 2729  correct. Within 15 days after receipt of a notice of
 2730  deficiencies, an eligible institution that chooses to continue
 2731  to seek program approval shall correct the application
 2732  deficiencies and return the application to the center. Within 30
 2733  days after receipt of a revised application, the director shall
 2734  recommend approval or disapproval of the revised application to
 2735  the applicable chancellor or the commissioner, as applicable.
 2736  Within 15 days after receipt of the director’s recommendation,
 2737  the applicable chancellor or the commissioner shall approve or
 2738  disapprove the recommendation. If the applicable chancellor or
 2739  the commissioner does not act on the director’s recommendation
 2740  within 15 days after receipt of such recommendation, the
 2741  comprehensive transition program proposed by the institution
 2742  shall be considered approved.
 2743         2. Initial approval of an application for an FPCTP that
 2744  meets the requirements of this section is valid for the 3
 2745  academic years immediately following the academic year during
 2746  which the approval is granted. An eligible institution may
 2747  submit an application to the center requesting that the initial
 2748  approval be renewed. If the approval is granted and the FPCTP
 2749  continues to meet the requirements of this section, including,
 2750  but not limited to, program and student performance outcomes,
 2751  and federal requirements, a renewal is valid for the 5 academic
 2752  years immediately following the academic year during which the
 2753  renewal is granted.
 2754         3. An application must, at a minimum:
 2755         a. Identify a credential associated with the proposed
 2756  program which will be awarded to eligible students upon
 2757  completion of the FPCTP.
 2758         b. Outline the program length and design, including, at a
 2759  minimum, inclusive and successful experiential education
 2760  practices relating to curricular, assessment, and advising
 2761  structure and internship and employment opportunities, which
 2762  must support students with intellectual disabilities who are
 2763  seeking to continue academic, career and technical, and
 2764  independent living instruction at an eligible institution,
 2765  including, but not limited to, opportunities to earn industry
 2766  certifications, to prepare students for gainful employment. If
 2767  an eligible institution offers a credit-bearing degree program,
 2768  the institution is responsible for maintaining the rigor and
 2769  effectiveness of a comprehensive transition degree program at
 2770  the same level as other comparable degree programs offered by
 2771  the institution pursuant to applicable accreditation standards.
 2772         c. Outline a plan for students with intellectual
 2773  disabilities to be integrated socially and academically with
 2774  nondisabled students, to the maximum extent possible, and to
 2775  participate on not less than a half-time basis, as determined by
 2776  the eligible institution, with such participation focusing on
 2777  academic components and occurring through one or more of the
 2778  following activities with nondisabled students:
 2779         (I) Regular enrollment in credit-bearing courses offered by
 2780  the institution.
 2781         (II) Auditing or participating in courses offered by the
 2782  institution for which the student does not receive academic
 2783  credit.
 2784         (III) Enrollment in noncredit-bearing, nondegree courses.
 2785         (IV) Participation in internships or work-based training.
 2786         d. Outline a plan for partnerships with businesses to
 2787  promote experiential training and employment opportunities for
 2788  students with intellectual disabilities.
 2789         e. Identify performance indicators pursuant to subsection
 2790  (8) and other requirements identified by the center.
 2791         f. Outline a 5-year plan incorporating enrollment and
 2792  operational expectations for the program.
 2793         (d) Provide technical assistance regarding programs and
 2794  services for students with intellectual disabilities to
 2795  administrators, instructors, staff, and others, as applicable,
 2796  at eligible institutions by:
 2797         1. Holding meetings and annual workshops to share
 2798  successful practices and to address issues or concerns.
 2799         2. Facilitating collaboration between eligible institutions
 2800  and school districts, private schools operating pursuant to s.
 2801  1002.42, and parents of students enrolled in home education
 2802  programs operating pursuant to s. 1002.41 in assisting students
 2803  with intellectual disabilities and their parents to plan for the
 2804  transition of such students into an FPCTP or another program at
 2805  an eligible institution.
 2806         3. Assisting eligible institutions with FPCTP and federal
 2807  comprehensive transition and postsecondary program applications.
 2808         4. Assisting eligible institutions with the identification
 2809  of funding sources for an FPCTP and for student financial
 2810  assistance for students enrolled in an FPCTP.
 2811         5. Monitoring federal and state law relating to the
 2812  comprehensive transition program and notifying the Legislature,
 2813  the Governor, the Board of Governors, the State Board of
 2814  Colleges, and the State Board of Education of any change in law
 2815  which may impact the implementation of this section.
 2816         (8) ACCOUNTABILITY.—
 2817         (a) The center, in collaboration with the Board of
 2818  Governors, the State Board of Colleges, and the State Board of
 2819  Education, shall identify indicators for the satisfactory
 2820  progress of a student in an FPCTP and for the performance of
 2821  such programs. Each eligible institution must address the
 2822  indicators identified by the center in its application for the
 2823  approval of a proposed program and for the renewal of an FPCTP
 2824  and in the annual report that the institution submits to the
 2825  center.
 2826         (b) By October 1 of each year, the center shall provide to
 2827  the Governor, the President of the Senate, the Speaker of the
 2828  House of Representatives, the Chancellor of the State University
 2829  System, the Chancellor of the Florida College System, and the
 2830  Commissioner of Education a report summarizing information
 2831  including, but not limited to:
 2832         1. The status of the statewide coordination of FPCTPs and
 2833  the implementation of FPCTPs at eligible institutions including,
 2834  but not limited to:
 2835         a. The number of applications approved and disapproved and
 2836  the reasons for each disapproval and no action taken by the
 2837  chancellor or the commissioner.
 2838         b. The number and value of all scholarships awarded to
 2839  students and undisbursed advances remitted to the center
 2840  pursuant to subsection (7).
 2841         2. Indicators identified by the center pursuant to
 2842  paragraph (a) and the performance of each eligible institution
 2843  based on the indicators identified in paragraph (6)(c).
 2844         3. The projected number of students with intellectual
 2845  disabilities who may be eligible to enroll in the FPCTPs within
 2846  the next academic year.
 2847         4. Education programs and services for students with
 2848  intellectual disabilities which are available at eligible
 2849  institutions.
 2850         (c) Beginning in the 2016-2017 fiscal year, The center, in
 2851  collaboration with the Board of Governors, State Board of
 2852  Colleges, State Board of Education, Higher Education
 2853  Coordinating Council, and other stakeholders, by December 1 of
 2854  each year, shall submit to the Governor, the President of the
 2855  Senate, and the Speaker of the House of Representatives
 2856  statutory and budget recommendations for improving the
 2857  implementation and delivery of FPCTPs and other education
 2858  programs and services for students with disabilities.
 2859         (9) RULES.—The Board of Governors, the State Board of
 2860  Colleges, and the State Board of Education, in consultation with
 2861  the center, shall expeditiously adopt any necessary regulations
 2862  and rules, as applicable, to allow the center to perform its
 2863  responsibilities pursuant to this section beginning in the 2016
 2864  2017 fiscal year.
 2865         Section 40. Section 1004.65, Florida Statutes, is amended
 2866  to read:
 2867         1004.65 Florida College System institutions; governance,
 2868  mission, and responsibilities.—
 2869         (1) Each Florida College System institution shall be
 2870  governed by a district board of trustees under statutory
 2871  authority and rules of the State Board of Colleges Education.
 2872         (2) Each Florida College System institution district shall:
 2873         (a) Consist of the county or counties served by the Florida
 2874  College System institution pursuant to s. 1000.21(3).
 2875         (b) Be an independent, separate, legal entity created for
 2876  the operation of a Florida College System institution.
 2877         (3) Florida College System institutions are locally based
 2878  and governed entities with statutory and funding ties to state
 2879  government. As such, the mission for Florida College System
 2880  institutions reflects a commitment to be responsive to local
 2881  educational needs and challenges. In achieving this mission,
 2882  Florida College System institutions strive to maintain
 2883  sufficient local authority and flexibility while preserving
 2884  appropriate legal accountability to the state.
 2885         (4) As comprehensive institutions, Florida College System
 2886  institutions shall provide high-quality, affordable education
 2887  and training opportunities, shall foster a climate of
 2888  excellence, and shall provide opportunities to all while
 2889  combining high standards with an open-door admission policy for
 2890  lower-division programs. Florida College System institutions
 2891  shall, as open-access institutions, serve all who can benefit,
 2892  without regard to age, race, gender, creed, or ethnic or
 2893  economic background, while emphasizing the achievement of social
 2894  and educational equity so that all can be prepared for full
 2895  participation in society.
 2896         (5) The primary mission and responsibility of Florida
 2897  College System institutions is responding to community needs for
 2898  postsecondary academic education and career degree education.
 2899  This mission and responsibility includes being responsible for:
 2900         (a) Providing lower-level lower level undergraduate
 2901  instruction and awarding associate degrees.
 2902         (b) Preparing students directly for careers requiring less
 2903  than baccalaureate degrees. This may include preparing for job
 2904  entry, supplementing of skills and knowledge, and responding to
 2905  needs in new areas of technology. Career education in a Florida
 2906  College System institution consists shall consist of career
 2907  certificates, nationally recognized industry certifications,
 2908  credit courses leading to associate in science degrees and
 2909  associate in applied science degrees, and other programs in
 2910  fields requiring substantial academic work, background, or
 2911  qualifications. A Florida College System institution may offer
 2912  career education programs in fields having lesser academic or
 2913  technical requirements.
 2914         (c) Providing student development services, including
 2915  assessment, student tracking, support for disabled students,
 2916  advisement, counseling, financial aid, career development, and
 2917  remedial and tutorial services, to ensure student success.
 2918         (d) Promoting economic development for the state within
 2919  each Florida College System institution district through the
 2920  provision of special programs, including, but not limited to,
 2921  the:
 2922         1. Enterprise Florida-related programs.
 2923         2. Technology transfer centers.
 2924         3. Economic development centers.
 2925         4. Workforce literacy programs.
 2926         (e) Providing dual enrollment instruction.
 2927         (f) Providing upper level instruction and awarding
 2928  baccalaureate degrees as specifically authorized by law.
 2929         (6) A separate and secondary role for Florida College
 2930  System institutions includes the offering of programs in:
 2931         (a) Programs in community services that are not directly
 2932  related to academic or occupational advancement.
 2933         (b) Programs in adult education services, including adult
 2934  basic education, adult general education, adult secondary
 2935  education, and high school equivalency examination instruction.
 2936         (c) Programs in recreational and leisure services.
 2937         (d) Upper-level instruction and awarding baccalaureate
 2938  degrees as specifically authorized by law.
 2939         (7) Funding for Florida College System institutions must
 2940  shall reflect their mission as follows:
 2941         (a) Postsecondary academic and career education programs
 2942  and adult general education programs must shall have first
 2943  priority in Florida College System institution funding.
 2944         (b) Community service programs shall be presented to the
 2945  Legislature with rationale for state funding. The Legislature
 2946  may identify priority areas for use of these funds.
 2947         (c) The resources of a Florida College System institution,
 2948  including staff, faculty, land, and facilities, may shall not be
 2949  used to support the establishment of a new independent nonpublic
 2950  educational institution. If any institution uses resources for
 2951  such purpose, the State Board of Division of Florida Colleges
 2952  shall notify the President of the Senate and the Speaker of the
 2953  House of Representatives.
 2954         (8) Florida College System institutions are authorized to:
 2955         (a) Offer such programs and courses as are necessary to
 2956  fulfill their mission.
 2957         (b) Grant associate in arts degrees, associate in science
 2958  degrees, associate in applied science degrees, certificates,
 2959  awards, and diplomas.
 2960         (c) Make provisions for the high school equivalency
 2961  examination.
 2962         (d) Provide access to and award baccalaureate degrees in
 2963  accordance with law.
 2964  
 2965  Authority to offer one or more baccalaureate degree programs
 2966  does not alter the governance relationship of the Florida
 2967  College System institution with its district board of trustees
 2968  or the State Board of Colleges Education.
 2969         Section 41. Section 1004.67, Florida Statutes, is amended
 2970  to read:
 2971         1004.67 Florida College System institutions; legislative
 2972  intent.—It is The legislative intent that Florida College System
 2973  institutions, constituted as political subdivisions of the
 2974  state, continue to be operated by Florida College System
 2975  institution boards of trustees as provided in s. 1001.63 and
 2976  that no department, bureau, division, agency, or subdivision of
 2977  the state exercise any responsibility and authority to operate
 2978  any Florida College System institution of the state except as
 2979  specifically provided by law or rules of the State Board of
 2980  Colleges Education.
 2981         Section 42. Subsections (2), (3), (4), and (6) of section
 2982  1004.70, Florida Statutes, are amended to read:
 2983         1004.70 Florida College System institution direct-support
 2984  organizations.—
 2985         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 2986  shall appoint at least one a representative to the board of
 2987  directors and the executive committee of each direct-support
 2988  organization established under this section, including those
 2989  established before July 1, 1998. The president of the Florida
 2990  College System institution for which the direct-support
 2991  organization is established, or the president’s designee, shall
 2992  also serve on the board of directors and the executive committee
 2993  of the direct-support organization, including any direct-support
 2994  organization established before July 1, 1998.
 2995         (3) USE OF PROPERTY.—
 2996         (a) The board of trustees is authorized to permit the use
 2997  of property, facilities, and personal services at any Florida
 2998  College System institution by any Florida College System
 2999  institution direct-support organization, subject to the
 3000  provisions of this section. Beginning July 1, 2022, a Florida
 3001  College System institution board of trustees may not permit any
 3002  Florida College System institution direct-support organization
 3003  to use personal services.
 3004         (b) The board of trustees is authorized to prescribe by
 3005  rule any condition with which a Florida College System
 3006  institution direct-support organization must comply in order to
 3007  use property, facilities, or personal services at any Florida
 3008  College System institution.
 3009         (c) The board of trustees may not permit the use of
 3010  property, facilities, or personal services at any Florida
 3011  College System institution by any Florida College System
 3012  institution direct-support organization that does not provide
 3013  equal employment opportunities to all persons regardless of
 3014  race, color, national origin, gender, age, or religion.
 3015         (d) The board of trustees may not permit the use of state
 3016  funds for travel expenses by any Florida College System
 3017  institution direct-support organization.
 3018         (4) ACTIVITIES; RESTRICTIONS.—
 3019         (a) A direct-support organization may, at the request of
 3020  the board of trustees, provide residency opportunities on or
 3021  near campus for students.
 3022         (b) A direct-support organization that constructs
 3023  facilities for use by a Florida College System institution or
 3024  its students must comply with all requirements of law relating
 3025  to the construction of facilities by a Florida College System
 3026  institution, including requirements for competitive bidding.
 3027         (c) Any transaction or agreement between one direct-support
 3028  organization and another direct-support organization must be
 3029  approved by the board of trustees.
 3030         (d) A Florida College System institution direct-support
 3031  organization is prohibited from giving, either directly or
 3032  indirectly, any gift to a political committee as defined in s.
 3033  106.011 for any purpose other than those certified by a majority
 3034  roll call vote of the governing board of the direct-support
 3035  organization at a regularly scheduled meeting as being directly
 3036  related to the educational mission of the Florida College System
 3037  institution.
 3038         (e) A Florida College System institution board of trustees
 3039  must authorize all debt, including lease-purchase agreements,
 3040  incurred by a direct-support organization. Authorization for
 3041  approval of short-term loans and lease-purchase agreements for a
 3042  term of not more than 5 years, including renewals, extensions,
 3043  and refundings, for goods, materials, equipment, and services
 3044  may be delegated by the board of trustees to the board of
 3045  directors of the direct-support organization. Trustees shall
 3046  evaluate proposals for debt according to guidelines issued by
 3047  the State Board of Division of Florida Colleges. Revenues of the
 3048  Florida College System institution may not be pledged to debt
 3049  issued by direct-support organizations.
 3050         (6) ANNUAL AUDIT.—Each direct-support organization shall
 3051  provide for an annual financial audit in accordance with rules
 3052  adopted by the Auditor General pursuant to s. 11.45(8). The
 3053  annual audit report must be submitted, within 9 months after the
 3054  end of the fiscal year, to the Auditor General, the State Board
 3055  of Colleges Education, and the board of trustees for review. The
 3056  board of trustees, the Auditor General, and the Office of
 3057  Program Policy Analysis and Government Accountability may
 3058  require and receive from the organization or from its
 3059  independent auditor any detail or supplemental data relative to
 3060  the operation of the organization. The identity of donors who
 3061  desire to remain anonymous shall be protected, and that
 3062  anonymity shall be maintained in the auditor’s report. All
 3063  records of the organization, other than the auditor’s report,
 3064  any information necessary for the auditor’s report, any
 3065  information related to the expenditure of funds, and any
 3066  supplemental data requested by the board of trustees, the
 3067  Auditor General, and the Office of Program Policy Analysis and
 3068  Government Accountability, shall be confidential and exempt from
 3069  the provisions of s. 119.07(1).
 3070         Section 43. Subsections (1), (2), (4), and (5) of section
 3071  1004.71, Florida Statutes, are amended to read:
 3072         1004.71 Statewide Florida College System institution
 3073  direct-support organizations.—
 3074         (1) DEFINITIONS.—For the purposes of this section:
 3075         (a) “Statewide Florida College System institution direct
 3076  support organization” means an organization that is:
 3077         1. A Florida corporation not for profit, incorporated under
 3078  the provisions of chapter 617 and approved by the Department of
 3079  State.
 3080         2. Organized and operated exclusively to receive, hold,
 3081  invest, and administer property and to make expenditures to, or
 3082  for the benefit of, the Florida College System institutions in
 3083  this state.
 3084         3. An organization that the State Board of Colleges
 3085  Education, after review, has certified to be operating in a
 3086  manner consistent with the goals of the Florida College System
 3087  institutions and in the best interest of the state.
 3088         (b) “Personal services” includes full-time or part-time
 3089  personnel as well as payroll processing.
 3090         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3091  Colleges Education may appoint a representative to the board of
 3092  directors and the executive committee of any statewide, direct
 3093  support organization established under this section or s.
 3094  1004.70. The chair of the State Board of Colleges Education, or
 3095  the chair’s designee, shall also serve on the board of directors
 3096  and the executive committee of any direct-support organization
 3097  established to benefit Florida College System institutions.
 3098         (4) RESTRICTIONS.—
 3099         (a) A statewide, direct-support organization may not use
 3100  public funds to acquire, construct, maintain, or operate any
 3101  facilities.
 3102         (b) Any transaction or agreement between a statewide,
 3103  direct-support organization and any other direct-support
 3104  organization must be approved by the State Board of Colleges
 3105  Education.
 3106         (c) A statewide Florida College System institution direct
 3107  support organization is prohibited from giving, either directly
 3108  or indirectly, any gift to a political committee as defined in
 3109  s. 106.011 for any purpose other than those certified by a
 3110  majority roll call vote of the governing board of the direct
 3111  support organization at a regularly scheduled meeting as being
 3112  directly related to the educational mission of the State Board
 3113  of Colleges Education.
 3114         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3115  organization shall submit to the State Board of Colleges
 3116  Education its federal Internal Revenue Service Application for
 3117  Recognition of Exemption form (Form 1023) and its federal
 3118  Internal Revenue Service Return of Organization Exempt from
 3119  Income Tax form (Form 990).
 3120         Section 44. Subsection (4) of section 1004.74, Florida
 3121  Statutes, is amended to read:
 3122         1004.74 Florida School of the Arts.—
 3123         (4) The Council for the Florida School of the Arts shall be
 3124  established to advise the Florida College System institution
 3125  district board of trustees on matters pertaining to the
 3126  operation of the school. The council shall consist of nine
 3127  members, appointed jointly by the Chancellor of the Florida
 3128  College System and the Commissioner of Education for 4-year
 3129  terms. A member may serve three terms and may serve until
 3130  replaced.
 3131         Section 45. Subsection (10) of section 1004.78, Florida
 3132  Statutes, is amended to read:
 3133         1004.78 Technology transfer centers at Florida College
 3134  System institutions.—
 3135         (10) The State Board of Colleges Education may award grants
 3136  to Florida College System institutions, or consortia of public
 3137  and private colleges and universities and other public and
 3138  private entities, for the purpose of supporting the objectives
 3139  of this section. Grants awarded pursuant to this subsection
 3140  shall be in accordance with rules of the State Board of Colleges
 3141  Education. Such rules shall include the following provisions:
 3142         (a) The number of centers established with state funds
 3143  provided expressly for the purpose of technology transfer shall
 3144  be limited, but shall be geographically located to maximize
 3145  public access to center resources and services.
 3146         (b) Grants to centers funded with state revenues
 3147  appropriated specifically for technology transfer activities
 3148  shall be reviewed and approved by the State Board of Colleges
 3149  Education using proposal solicitation, evaluation, and selection
 3150  procedures established by the state board in consultation with
 3151  Enterprise Florida, Inc. Such procedures may include designation
 3152  of specific areas or applications of technology as priorities
 3153  for the receipt of funding.
 3154         (c) Priority for the receipt of state funds appropriated
 3155  specifically for the purpose of technology transfer shall be
 3156  given to grant proposals developed jointly by Florida College
 3157  System institutions and public and private colleges and
 3158  universities.
 3159         Section 46. Subsection (4) of section 1004.80, Florida
 3160  Statutes, is amended to read:
 3161         1004.80 Economic development centers.—
 3162         (4) The State Board of Colleges Education may award grants
 3163  to economic development centers for the purposes of this
 3164  section. Grants awarded pursuant to this subsection shall be in
 3165  accordance with rules established by the State Board of Colleges
 3166  Education.
 3167         Section 47. Section 1004.91, Florida Statutes, is amended
 3168  to read:
 3169         1004.91 Requirements for career education program basic
 3170  skills.—
 3171         (1) The State Board of Education, for career centers
 3172  operated by district school boards, and the State Board of
 3173  Colleges, for charter technical career centers operated by
 3174  Florida College System institutions, shall collaborate to adopt,
 3175  by rule, standards of basic skill mastery for completion of
 3176  certificate career education programs. Each school district and
 3177  Florida College System institution that conducts programs that
 3178  confer career and technical certificates shall provide applied
 3179  academics instruction through which students receive the basic
 3180  skills instruction required pursuant to this section.
 3181         (2) Students who enroll in a program offered for career
 3182  credit of 450 hours or more shall complete an entry-level
 3183  examination within the first 6 weeks after admission into the
 3184  program. The State Board of Education and the State Board of
 3185  Colleges shall collaborate to designate examinations that are
 3186  currently in existence, the results of which are comparable
 3187  across institutions, to assess student mastery of basic skills.
 3188  Any student found to lack the required level of basic skills for
 3189  such program shall be referred to applied academics instruction
 3190  or another adult general education program for a structured
 3191  program of basic skills instruction. Such instruction may
 3192  include English for speakers of other languages. A student may
 3193  not receive a career or technical certificate of completion
 3194  without first demonstrating the basic skills required in the
 3195  state curriculum frameworks for the career education program.
 3196         (3)(a) An adult student with a disability may be exempted
 3197  from this section.
 3198         (b) The following students are exempt from this section:
 3199         1. A student who possesses a college degree at the
 3200  associate in applied science level or higher.
 3201         2. A student who demonstrates readiness for public
 3202  postsecondary education pursuant to s. 1008.30 and applicable
 3203  rules adopted by the State Board of Education and State Board of
 3204  Colleges.
 3205         3. A student who passes a state or national industry
 3206  certification or licensure examination that is identified in
 3207  State Board of Education or State Board of Colleges rules and
 3208  aligned to the career education program in which the student is
 3209  enrolled.
 3210         4. An adult student who is enrolled in an apprenticeship
 3211  program that is registered with the Department of Education in
 3212  accordance with chapter 446.
 3213         Section 48. Paragraph (b) of subsection (2) of section
 3214  1004.92, Florida Statutes, is amended, and subsection (4) is
 3215  added to that section, to read:
 3216         1004.92 Purpose and responsibilities for career education.—
 3217         (2)
 3218         (b) The Department of Education, for school districts, and
 3219  the State Board of Colleges, for Florida College System
 3220  institutions, have the following responsibilities related to
 3221  accountability for career education includes, but is not limited
 3222  to:
 3223         1. The provision of timely, accurate technical assistance
 3224  to school districts and Florida College System institutions.
 3225         2. The provision of timely, accurate information to the
 3226  State Board of Education, the Legislature, and the public.
 3227         3. The development of policies, rules, and procedures that
 3228  facilitate institutional attainment of the accountability
 3229  standards and coordinate the efforts of all divisions within the
 3230  department.
 3231         4. The development of program standards and industry-driven
 3232  benchmarks for career, adult, and community education programs,
 3233  which must be updated every 3 years. The standards must include
 3234  career, academic, and workplace skills; viability of distance
 3235  learning for instruction; and work/learn cycles that are
 3236  responsive to business and industry; and provisions that reflect
 3237  the quality components of career and technical education
 3238  programs. The Department of Education and the State Board of
 3239  Colleges shall collaborate to develop a common set of standards
 3240  and benchmarks as specified under this subparagraph for the
 3241  programs that are offered by both the school districts and
 3242  Florida College System institutions.
 3243         5. Overseeing school district and Florida College System
 3244  institution compliance with the provisions of this chapter.
 3245         6. Ensuring that the educational outcomes for the technical
 3246  component of career programs are uniform and designed to provide
 3247  a graduate who is capable of entering the workforce on an
 3248  equally competitive basis regardless of the institution of
 3249  choice.
 3250         (4) The State Board of Education, for career education
 3251  provided by school districts, and the State Board of Colleges,
 3252  for career education provided by Florida College System
 3253  institutions, shall collaborate to adopt rules to administer
 3254  this section.
 3255         Section 49. Subsection (1) of section 1004.925, Florida
 3256  Statutes, is amended to read:
 3257         1004.925 Automotive service technology education programs;
 3258  certification.—
 3259         (1) All automotive service technology education programs
 3260  shall be industry certified in accordance with rules adopted by
 3261  the State Board of Education and the State Board of Colleges.
 3262         Section 50. Paragraphs (c) and (d) of subsection (4) and
 3263  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3264  are amended to read:
 3265         1004.93 Adult general education.—
 3266         (4)
 3267         (c) The State Board of Colleges Education shall define, by
 3268  rule, the levels and courses of instruction to be funded through
 3269  the developmental education program. The State Board of Colleges
 3270  shall coordinate the establishment of costs for developmental
 3271  education courses, the establishment of statewide standards that
 3272  define required levels of competence, acceptable rates of
 3273  student progress, and the maximum amount of time to be allowed
 3274  for completion of developmental education. Developmental
 3275  education is part of an associate in arts degree program and may
 3276  not be funded as an adult career education program.
 3277         (d) Expenditures for developmental education and lifelong
 3278  learning students shall be reported separately. Allocations for
 3279  developmental education shall be based on proportional full-time
 3280  equivalent enrollment. Program review results shall be included
 3281  in the determination of subsequent allocations. A student shall
 3282  be funded to enroll in the same developmental education class
 3283  within a skill area only twice, after which time the student
 3284  shall pay 100 percent of the full cost of instruction to support
 3285  the continuous enrollment of that student in the same class;
 3286  however, students who withdraw or fail a class due to
 3287  extenuating circumstances may be granted an exception only once
 3288  for each class, provided approval is granted according to policy
 3289  established by the board of trustees. Each Florida College
 3290  System institution shall have the authority to review and reduce
 3291  payment for increased fees due to continued enrollment in a
 3292  developmental education class on an individual basis contingent
 3293  upon the student’s financial hardship, pursuant to definitions
 3294  and fee levels established by the State Board of Colleges
 3295  Education. Developmental education and lifelong learning courses
 3296  do not generate credit toward an associate or baccalaureate
 3297  degree.
 3298         (6) The commissioner, for school districts, and the
 3299  Chancellor of the Florida College System, for Florida College
 3300  System institutions, shall recommend the level of funding for
 3301  public school and Florida College System institution adult
 3302  education within the legislative budget request and make other
 3303  recommendations and reports considered necessary or required by
 3304  rules of the State Board of Education.
 3305         (9) The State Board of Education and the State Board of
 3306  Colleges may adopt rules necessary for the implementation of
 3307  this section.
 3308         Section 51. Subsection (3) of section 1006.60, Florida
 3309  Statutes, is amended to read:
 3310         1006.60 Codes of conduct; disciplinary measures; authority
 3311  to adopt rules or regulations.—
 3312         (3) Sanctions authorized by such codes of conduct may be
 3313  imposed only for acts or omissions in violation of rules or
 3314  regulations adopted by the institution, including rules or
 3315  regulations adopted under this section, rules of the State Board
 3316  of Colleges regarding the Florida College System Education,
 3317  rules or regulations of the Board of Governors regarding the
 3318  State University System, county and municipal ordinances, and
 3319  the laws of this state, the United States, or any other state.
 3320         Section 52. Subsection (1) of section 1006.61, Florida
 3321  Statutes, is amended to read:
 3322         1006.61 Participation by students in disruptive activities
 3323  at public postsecondary educational institution; penalties.—
 3324         (1) Any person who accepts the privilege extended by the
 3325  laws of this state of attendance at any public postsecondary
 3326  educational institution shall, by attending such institution, be
 3327  deemed to have given his or her consent to the policies of that
 3328  institution, the State Board of Colleges regarding the Florida
 3329  College System Education, and the Board of Governors regarding
 3330  the State University System, and the laws of this state. Such
 3331  policies shall include prohibition against disruptive activities
 3332  at public postsecondary educational institutions.
 3333         Section 53. Section 1006.62, Florida Statutes, is amended
 3334  to read:
 3335         1006.62 Expulsion and discipline of students of Florida
 3336  College System institutions and state universities.—
 3337         (1) Each student in a Florida College System institution or
 3338  state university is subject to federal and state law, respective
 3339  county and municipal ordinances, and all rules and regulations
 3340  of the State Board of Colleges regarding the Florida College
 3341  System Education, the Board of Governors regarding the State
 3342  University System, or the board of trustees of the institution.
 3343         (2) Violation of these published laws, ordinances, or rules
 3344  and regulations may subject the violator to appropriate action
 3345  by the institution’s authorities.
 3346         (3) Each president of a Florida College System institution
 3347  or state university may, after notice to the student of the
 3348  charges and after a hearing thereon, expel, suspend, or
 3349  otherwise discipline any student who is found to have violated
 3350  any law, ordinance, or rule or regulation of the State Board of
 3351  Colleges regarding the Florida College System Education, the
 3352  Board of Governors regarding the State University System, or the
 3353  board of trustees of the institution. A student may be entitled
 3354  to waiver of expulsion:
 3355         (a) If the student provides substantial assistance in the
 3356  identification, arrest, or conviction of any of his or her
 3357  accomplices, accessories, coconspirators, or principals or of
 3358  any other person engaged in violations of chapter 893 within a
 3359  state university or Florida College System institution;
 3360         (b) If the student voluntarily discloses his or her
 3361  violations of chapter 893 prior to his or her arrest; or
 3362         (c) If the student commits himself or herself, or is
 3363  referred by the court in lieu of sentence, to a state-licensed
 3364  drug abuse program and successfully completes the program.
 3365         Section 54. Paragraphs (c) and (g) of subsection (1),
 3366  paragraph (b) of subsection (2), and subsection (3) of section
 3367  1006.71, Florida Statutes, are amended to read:
 3368         1006.71 Gender equity in intercollegiate athletics.—
 3369         (1) GENDER EQUITY PLAN.—
 3370         (c) The Chancellor of the Florida College System
 3371  Commissioner of Education shall annually assess the progress of
 3372  each Florida College System institution’s plan and advise the
 3373  State Board of Colleges Education and the Legislature regarding
 3374  compliance.
 3375         (g)1. If a Florida College System institution is not in
 3376  compliance with Title IX of the Education Amendments of 1972 and
 3377  the Florida Educational Equity Act, the State Board of Colleges
 3378  Education shall:
 3379         a. Declare the Florida College System institution
 3380  ineligible for competitive state grants.
 3381         b. Withhold funds sufficient to obtain compliance.
 3382  
 3383  The Florida College System institution shall remain ineligible
 3384  and the funds may shall not be paid until the Florida College
 3385  System institution comes into compliance or the Chancellor of
 3386  the Florida College System Commissioner of Education approves a
 3387  plan for compliance.
 3388         2. If a state university is not in compliance with Title IX
 3389  of the Education Amendments of 1972 and the Florida Educational
 3390  Equity Act, the Board of Governors shall:
 3391         a. Declare the state university ineligible for competitive
 3392  state grants.
 3393         b. Withhold funds sufficient to obtain compliance.
 3394  
 3395  The state university shall remain ineligible and the funds may
 3396  shall not be paid until the state university comes into
 3397  compliance or the Board of Governors approves a plan for
 3398  compliance.
 3399         (2) FUNDING.—
 3400         (b) The level of funding and percentage share of support
 3401  for women’s intercollegiate athletics for Florida College System
 3402  institutions shall be determined by the State Board of Colleges
 3403  Education. The level of funding and percentage share of support
 3404  for women’s intercollegiate athletics for state universities
 3405  shall be determined by the Board of Governors. The level of
 3406  funding and percentage share attained in the 1980-1981 fiscal
 3407  year shall be the minimum level and percentage maintained by
 3408  each institution, except as the State Board of Colleges
 3409  Education or the Board of Governors otherwise directs its
 3410  respective institutions for the purpose of assuring equity.
 3411  Consideration shall be given by the State Board of Colleges
 3412  Education or the Board of Governors to emerging athletic
 3413  programs at institutions which may not have the resources to
 3414  secure external funds to provide athletic opportunities for
 3415  women. It is the intent that the effect of any redistribution of
 3416  funds among institutions may shall not negate the requirements
 3417  as set forth in this section.
 3418         (3) STATE BOARD OF COLLEGES EDUCATION.—The State Board of
 3419  Colleges Education shall assure equal opportunity for female
 3420  athletes at Florida College System institutions and establish:
 3421         (a) In conjunction with the State Board of Education,
 3422  guidelines for reporting of intercollegiate athletics data
 3423  concerning financial, program, and facilities information for
 3424  review by the State Board of Colleges Education annually.
 3425         (b) Systematic audits for the evaluation of such data.
 3426         (c) Criteria for determining and assuring equity.
 3427         Section 55. Section 1007.01, Florida Statutes, is amended
 3428  to read:
 3429         1007.01 Articulation; legislative intent; purpose; role of
 3430  the State Board of Education, the State Board of Colleges, and
 3431  the Board of Governors; Articulation Coordinating Committee.—
 3432         (1) It is the intent of the Legislature to facilitate
 3433  articulation and seamless integration of the K-20 education
 3434  system by building, sustaining, and strengthening relationships
 3435  among K-20 public organizations, between public and private
 3436  organizations, and between the education system as a whole and
 3437  Florida’s communities. The purpose of building, sustaining, and
 3438  strengthening these relationships is to provide for the
 3439  efficient and effective progression and transfer of students
 3440  within the education system and to allow students to proceed
 3441  toward their educational objectives as rapidly as their
 3442  circumstances permit. The Legislature further intends that
 3443  articulation policies and budget actions be implemented
 3444  consistently in the practices of the Department of Education and
 3445  postsecondary educational institutions and expressed in the
 3446  collaborative policy efforts of the State Board of Education,
 3447  and the Board of Governors, and the State Board of Colleges.
 3448         (2) To preserve Florida’s “2+2” system of articulation and
 3449  improve and facilitate articulation systemwide, the State Board
 3450  of Education, and the Board of Governors, and the State Board of
 3451  Colleges shall collaboratively establish and adopt policies with
 3452  input from statewide K-20 advisory groups established by the
 3453  Commissioner of Education, the Chancellor of the Florida College
 3454  System, and the Chancellor of the State University System and
 3455  shall recommend the policies to the Legislature. The policies
 3456  shall relate to:
 3457         (a) The alignment between the exit requirements of one
 3458  education system and the admissions requirements of another
 3459  education system into which students typically transfer.
 3460         (b) The identification of common courses, the level of
 3461  courses, institutional participation in a statewide course
 3462  numbering system, and the transferability of credits among such
 3463  institutions.
 3464         (c) Identification of courses that meet general education
 3465  or common degree program prerequisite requirements at public
 3466  postsecondary educational institutions.
 3467         (d) Dual enrollment course equivalencies.
 3468         (e) Articulation agreements.
 3469         (3) The Commissioner of Education, in consultation with the
 3470  Chancellor of the Florida College System and the Chancellor of
 3471  the State University System, shall establish the Articulation
 3472  Coordinating Committee, which shall make recommendations related
 3473  to statewide articulation policies and issues regarding access,
 3474  quality, and reporting of data maintained by the K-20 data
 3475  warehouse, established pursuant to ss. 1001.10 and 1008.31, to
 3476  the Higher Education Coordination Council, the State Board of
 3477  Education, and the Board of Governors, and the State Board of
 3478  Colleges. The committee shall consist of two members each
 3479  representing the State University System, the Florida College
 3480  System, public career and technical education, K-12 education,
 3481  and nonpublic postsecondary education and one member
 3482  representing students. The chair shall be elected from the
 3483  membership. The Office of K-20 Articulation shall provide
 3484  administrative support for the committee. The committee shall:
 3485         (a) Monitor the alignment between the exit requirements of
 3486  one education system and the admissions requirements of another
 3487  education system into which students typically transfer and make
 3488  recommendations for improvement.
 3489         (b) Propose guidelines for interinstitutional agreements
 3490  between and among public schools, career and technical education
 3491  centers, Florida College System institutions, state
 3492  universities, and nonpublic postsecondary institutions.
 3493         (c) Annually recommend dual enrollment course and high
 3494  school subject area equivalencies for approval by the State
 3495  Board of Education, and the Board of Governors, and the State
 3496  Board of Colleges.
 3497         (d) Annually review the statewide articulation agreement
 3498  pursuant to s. 1007.23 and make recommendations for revisions.
 3499         (e) Annually review the statewide course numbering system,
 3500  the levels of courses, and the application of transfer credit
 3501  requirements among public and nonpublic institutions
 3502  participating in the statewide course numbering system and
 3503  identify instances of student transfer and admissions
 3504  difficulties.
 3505         (f) Annually publish a list of courses that meet common
 3506  general education and common degree program prerequisite
 3507  requirements at public postsecondary institutions identified
 3508  pursuant to s. 1007.25.
 3509         (g) Foster timely collection and reporting of statewide
 3510  education data to improve the K-20 education performance
 3511  accountability system pursuant to ss. 1001.10 and 1008.31,
 3512  including, but not limited to, data quality, accessibility, and
 3513  protection of student records.
 3514         (h) Recommend roles and responsibilities of public
 3515  education entities in interfacing with the single, statewide
 3516  computer-assisted student advising system established pursuant
 3517  to s. 1006.735.
 3518         (i) Make recommendations regarding the cost and
 3519  requirements to develop and implement an online system for
 3520  collecting and analyzing data regarding requests for transfer of
 3521  credit by postsecondary education students. The online system,
 3522  at a minimum, must collect information regarding the total
 3523  number of credit transfer requests denied and the reason for
 3524  each denial. Recommendations shall be reported to the President
 3525  of the Senate and the Speaker of the House of Representatives on
 3526  or before January 31, 2015.
 3527         Section 56. Subsections (1) and (6) of section 1007.23,
 3528  Florida Statutes, are amended, and subsection (7) is added to
 3529  that section, to read:
 3530         1007.23 Statewide articulation agreement.—
 3531         (1) The State Board of Education, and the Board of
 3532  Governors, and the State Board of Colleges shall enter into a
 3533  statewide articulation agreement which the State Board of
 3534  Education and the State Board of Colleges shall adopt by rule.
 3535  The agreement must preserve Florida’s “2+2” system of
 3536  articulation, facilitate the seamless articulation of student
 3537  credit across and among Florida’s educational entities, and
 3538  reinforce the provisions of this chapter by governing:
 3539         (a) Articulation between secondary and postsecondary
 3540  education;
 3541         (b) Admission of associate in arts degree graduates from
 3542  Florida College System institutions and state universities;
 3543         (c) Admission of applied technology diploma program
 3544  graduates from Florida College System institutions or career
 3545  centers;
 3546         (d) Admission of associate in science degree and associate
 3547  in applied science degree graduates from Florida College System
 3548  institutions;
 3549         (e) The use of acceleration mechanisms, including
 3550  nationally standardized examinations through which students may
 3551  earn credit;
 3552         (f) General education requirements and statewide course
 3553  numbers as provided for in ss. 1007.24 and 1007.25; and
 3554         (g) Articulation among programs in nursing.
 3555         (6) The articulation agreement must guarantee the
 3556  articulation of 9 credit hours toward a postsecondary degree in
 3557  early childhood education for programs approved by the State
 3558  Board of Colleges Education and the Board of Governors which:
 3559         (a) Award a child development associate credential issued
 3560  by the National Credentialing Program of the Council for
 3561  Professional Recognition or award a credential approved under s.
 3562  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3563  child development associate credential; and
 3564         (b) Include training in emergent literacy which meets or
 3565  exceeds the minimum standards for training courses for
 3566  prekindergarten instructors of the Voluntary Prekindergarten
 3567  Education Program in s. 1002.59.
 3568         (7) To strengthen Florida’s “2+2” system of articulation
 3569  and improve student retention and on-time graduation, by the
 3570  2018-2019 academic year, each Florida College System institution
 3571  shall execute at least one “2+2” targeted pathway articulation
 3572  agreement with one or more state universities and each state
 3573  university shall execute at least one such agreement with one or
 3574  more Florida College System institutions to establish “2+2”
 3575  targeted pathway programs. The agreement must provide students
 3576  who graduate with an associate in arts degree and who meet
 3577  specified requirements guaranteed access to the state university
 3578  and a degree program at that university, in accordance with the
 3579  terms of the “2+2” targeted pathway articulation agreement.
 3580         (a) To participate in a “2+2” targeted pathway program, a
 3581  student must:
 3582         1. Enroll in the program before completing 30 credit hours,
 3583  including, but not limited to, college credits earned through
 3584  articulated acceleration mechanisms pursuant to s. 1007.27;
 3585         2. Complete an associate in arts degree; and
 3586         3. Meet the university’s transfer requirements.
 3587         (b) A state university that executes a “2+2” targeted
 3588  pathway articulation agreement must meet the following
 3589  requirements in order to implement a “2+2” targeted pathway
 3590  program in collaboration with its partner Florida College System
 3591  institution:
 3592         1. Establish a 4-year on-time graduation plan for a
 3593  baccalaureate degree program, including, but not limited to, a
 3594  plan for students to complete associate in arts degree programs,
 3595  general education courses, common prerequisite courses, and
 3596  elective courses;
 3597         2. Advise students enrolled in the program about the
 3598  university’s transfer and degree program requirements; and
 3599         3. Provide students who meet the requirements under this
 3600  paragraph with access to academic advisors and campus events and
 3601  with guaranteed admittance to the state university and a degree
 3602  program of the state university, in accordance with the terms of
 3603  the agreement.
 3604         (c) To assist the state universities and Florida College
 3605  System institutions with implementing the “2+2” targeted pathway
 3606  programs effectively, the State Board of Colleges and the Board
 3607  of Governors shall collaborate to eliminate barriers in
 3608  executing “2+2” targeted pathway articulation agreements.
 3609         Section 57. Subsections (1), (2), and (3) of section
 3610  1007.24, Florida Statutes, are amended to read:
 3611         1007.24 Statewide course numbering system.—
 3612         (1) The Department of Education, in conjunction with the
 3613  Board of Governors and the State Board of Colleges, shall
 3614  develop, coordinate, and maintain a statewide course numbering
 3615  system for postsecondary and dual enrollment education in school
 3616  districts, public postsecondary educational institutions, and
 3617  participating nonpublic postsecondary educational institutions
 3618  that will improve program planning, increase communication among
 3619  all delivery systems, and facilitate student acceleration and
 3620  the transfer of students and credits between public school
 3621  districts, public postsecondary educational institutions, and
 3622  participating nonpublic educational institutions. The continuing
 3623  maintenance of the system shall be accomplished with the
 3624  assistance of appropriate faculty committees representing public
 3625  and participating nonpublic educational institutions.
 3626         (2) The Commissioner of Education, in conjunction with the
 3627  Chancellor of the Florida College System and the Chancellor of
 3628  the State University System, shall appoint faculty committees
 3629  representing faculties of participating institutions to
 3630  recommend a single level for each course, including
 3631  postsecondary career education courses, included in the
 3632  statewide course numbering system.
 3633         (a) Any course designated as an upper-division-level course
 3634  must be characterized by a need for advanced academic
 3635  preparation and skills that a student would be unlikely to
 3636  achieve without significant prior coursework.
 3637         (b) A course that is offered as part of an associate in
 3638  science degree program and as an upper-division course for a
 3639  baccalaureate degree shall be designated for both the lower and
 3640  upper division.
 3641         (c) A course designated as lower-division may be offered by
 3642  any Florida College System institution.
 3643         (3) The Commissioner of Education shall recommend to the
 3644  State Board of Education the levels for the courses. The State
 3645  Board of Education, with input from the Board of Governors and
 3646  the State Board of Colleges, shall approve the levels for the
 3647  courses.
 3648         Section 58. Subsections (3), (6), and (9) through (12) of
 3649  section 1007.25, Florida Statutes, are amended to read:
 3650         1007.25 General education courses; common prerequisites;
 3651  other degree requirements.—
 3652         (3) The chair of the State Board of Colleges Education and
 3653  the chair of the Board of Governors, or their designees, shall
 3654  jointly appoint faculty committees to identify statewide general
 3655  education core course options. General education core course
 3656  options shall consist of a maximum of five courses within each
 3657  of the subject areas of communication, mathematics, social
 3658  sciences, humanities, and natural sciences. The core courses may
 3659  be revised, or the five-course maximum within each subject area
 3660  may be exceeded, if approved by the State Board of Colleges
 3661  Education and the Board of Governors, as recommended by the
 3662  subject area faculty committee and approved by the Articulation
 3663  Coordinating Committee as necessary for a subject area. Each
 3664  general education core course option must contain high-level
 3665  academic and critical thinking skills and common competencies
 3666  that students must demonstrate to successfully complete the
 3667  course. Beginning with students initially entering a Florida
 3668  College System institution or state university in 2015-2016 and
 3669  thereafter, each student must complete at least one identified
 3670  core course in each subject area as part of the general
 3671  education course requirements. All public postsecondary
 3672  educational institutions shall accept these courses as meeting
 3673  general education core course requirements. The remaining
 3674  general education course requirements shall be identified by
 3675  each institution and reported to the department by their
 3676  statewide course number. The general education core course
 3677  options shall be adopted in rule by the State Board of Colleges
 3678  Education and in regulation by the Board of Governors.
 3679         (6) The department shall identify common prerequisite
 3680  courses and course substitutions for degree programs across all
 3681  institutions. Common degree program prerequisites shall be
 3682  offered and accepted by all state universities and Florida
 3683  College System institutions, except in cases approved by the
 3684  State Board of Colleges, Education for Florida College System
 3685  institutions, and the Board of Governors, for state
 3686  universities. The department shall develop a centralized
 3687  database containing the list of courses and course substitutions
 3688  that meet the prerequisite requirements for each baccalaureate
 3689  degree program.
 3690         (9) A baccalaureate degree program shall require no more
 3691  than 120 semester hours of college credit and include 36
 3692  semester hours of general education coursework, unless prior
 3693  approval has been granted by the Board of Governors for
 3694  baccalaureate degree programs offered by state universities and
 3695  by the State Board of Colleges Education for baccalaureate
 3696  degree programs offered by Florida College System institutions.
 3697         (10) A student who received an associate in arts degree for
 3698  successfully completing 60 semester credit hours may continue to
 3699  earn additional credits at a Florida College System institution.
 3700  The university must provide credit toward the student’s
 3701  baccalaureate degree for a an additional Florida College System
 3702  institution course if, according to the statewide course
 3703  numbering, the Florida College System institution course is a
 3704  course listed in the university catalog as required for the
 3705  degree or as prerequisite to a course required for the degree.
 3706  Of the courses required for the degree, at least half of the
 3707  credit hours required for the degree shall be achievable through
 3708  courses designated as lower division, except in degree programs
 3709  approved by the State Board of Colleges Education for programs
 3710  offered by Florida College System institutions and by the Board
 3711  of Governors for programs offered by state universities.
 3712         (11) Students at state universities may request associate
 3713  in arts certificates if they have successfully completed the
 3714  minimum requirements for the degree of associate in arts (A.A.).
 3715  The university must grant the student an associate in arts
 3716  degree if the student has successfully completed minimum
 3717  requirements for college-level communication and computation
 3718  skills adopted by the State Board of Colleges Education and 60
 3719  academic semester hours or the equivalent within a degree
 3720  program area, including 36 semester hours in general education
 3721  courses in the subject areas of communication, mathematics,
 3722  social sciences, humanities, and natural sciences, consistent
 3723  with the general education requirements specified in the
 3724  articulation agreement pursuant to s. 1007.23.
 3725         (12) The Commissioner of Education and the Chancellor of
 3726  the Florida College System shall jointly appoint faculty
 3727  committees representing both Florida College System institution
 3728  and public school faculties to recommend to the commissioner, or
 3729  the Chancellor of the Florida College System, as applicable, for
 3730  approval by the State Board of Education and the State Board of
 3731  Colleges, as applicable, a standard program length and
 3732  appropriate occupational completion points for each
 3733  postsecondary career certificate program, diploma, and degree
 3734  offered by a school district or a Florida College System
 3735  institution.
 3736         Section 59. Section 1007.262, Florida Statutes, is amended
 3737  to read:
 3738         1007.262 Foreign language competence; equivalence
 3739  determinations.—The Department of Education shall identify the
 3740  competencies demonstrated by students upon the successful
 3741  completion of 2 credits of sequential high school foreign
 3742  language instruction. For the purpose of determining
 3743  postsecondary equivalence, the State Board of Colleges
 3744  department shall develop rules through which Florida College
 3745  System institutions correlate such competencies to the
 3746  competencies required of students in the colleges’ respective
 3747  courses. Based on this correlation, each Florida College System
 3748  institution shall identify the minimum number of postsecondary
 3749  credits that students must earn in order to demonstrate a level
 3750  of competence in a foreign language at least equivalent to that
 3751  of students who have completed 2 credits of such instruction in
 3752  high school. The department may also specify alternative means
 3753  by which students can demonstrate equivalent foreign language
 3754  competence, including means by which a student whose native
 3755  language is not English may demonstrate proficiency in the
 3756  native language. A student who demonstrates proficiency in a
 3757  native language other than English is exempt from a requirement
 3758  of completing foreign language courses at the secondary or
 3759  Florida College System level.
 3760         Section 60. Section 1007.263, Florida Statutes, is amended
 3761  to read:
 3762         1007.263 Florida College System institutions; admissions of
 3763  students.—Each Florida College System institution board of
 3764  trustees is authorized to adopt rules governing admissions of
 3765  students subject to this section and rules of the State Board of
 3766  Colleges Education. These rules shall include the following:
 3767         (1) Admissions counseling shall be provided to all students
 3768  entering college or career credit programs. For students who are
 3769  not otherwise exempt from testing under s. 1008.30, counseling
 3770  must use tests to measure achievement of college-level
 3771  communication and computation competencies by students entering
 3772  college credit programs or tests to measure achievement of basic
 3773  skills for career education programs as prescribed in s.
 3774  1004.91. Counseling includes providing developmental education
 3775  options for students whose assessment results, determined under
 3776  s. 1008.30, indicate that they need to improve communication or
 3777  computation skills that are essential to perform college-level
 3778  work.
 3779         (2) Admission to associate degree programs is subject to
 3780  minimum standards adopted by the State Board of Colleges
 3781  Education and shall require:
 3782         (a) A standard high school diploma, a high school
 3783  equivalency diploma as prescribed in s. 1003.435, previously
 3784  demonstrated competency in college credit postsecondary
 3785  coursework, or, in the case of a student who is home educated, a
 3786  signed affidavit submitted by the student’s parent or legal
 3787  guardian attesting that the student has completed a home
 3788  education program pursuant to the requirements of s. 1002.41.
 3789  Students who are enrolled in a dual enrollment or early
 3790  admission program pursuant to s. 1007.271 are exempt from this
 3791  requirement.
 3792         (b) A demonstrated level of achievement of college-level
 3793  communication and computation skills.
 3794         (c) Any other requirements established by the board of
 3795  trustees.
 3796         (3) Admission to other programs within the Florida College
 3797  System institution shall include education requirements as
 3798  established by the board of trustees.
 3799         (4) A student who has been awarded a certificate of
 3800  completion under s. 1003.4282 is eligible to enroll in
 3801  certificate career education programs.
 3802         (5) A student with a documented disability may be eligible
 3803  for reasonable substitutions, as prescribed in ss. 1007.264 and
 3804  1007.265.
 3805  
 3806  Each board of trustees shall establish policies that notify
 3807  students about developmental education options for improving
 3808  their communication or computation skills that are essential to
 3809  performing college-level work, including tutoring, extended time
 3810  in gateway courses, free online courses, adult basic education,
 3811  adult secondary education, or private provider instruction.
 3812         Section 61. Subsection (2) of section 1007.264, Florida
 3813  Statutes, is amended to read:
 3814         1007.264 Persons with disabilities; admission to
 3815  postsecondary educational institutions; substitute requirements;
 3816  rules and regulations.—
 3817         (2) The State Board of Colleges Education, in consultation
 3818  with the Board of Governors, shall adopt rules to implement this
 3819  section for Florida College System institutions and shall
 3820  develop substitute admission requirements where appropriate.
 3821         Section 62. Subsections (2) and (3) of section 1007.265,
 3822  Florida Statutes, are amended to read:
 3823         1007.265 Persons with disabilities; graduation, study
 3824  program admission, and upper-division entry; substitute
 3825  requirements; rules and regulations.—
 3826         (2) The State Board of Colleges Education, in consultation
 3827  with the Board of Governors, shall adopt rules to implement this
 3828  section for Florida College System institutions and shall
 3829  develop substitute requirements where appropriate.
 3830         (3) The Board of Governors, in consultation with the State
 3831  Board of Colleges Education, shall adopt regulations to
 3832  implement this section for state universities and shall develop
 3833  substitute requirements where appropriate.
 3834         Section 63. Effective July 1, 2018, subsections (2), (6),
 3835  (7), and (8) of section 1007.27, Florida Statutes, are amended
 3836  to read:
 3837         1007.27 Articulated acceleration mechanisms.—
 3838         (2)(a) The Department of Education shall annually identify
 3839  and publish the minimum scores, maximum credit, and course or
 3840  courses for which credit is to be awarded for each College Level
 3841  Examination Program (CLEP) subject examination, College Board
 3842  Advanced Placement Program examination, Advanced International
 3843  Certificate of Education examination, International
 3844  Baccalaureate examination, Excelsior College subject
 3845  examination, Defense Activity for Non-Traditional Education
 3846  Support (DANTES) subject standardized test, and Defense Language
 3847  Proficiency Test (DLPT). The department shall use student
 3848  performance data in subsequent postsecondary courses to
 3849  determine the appropriate examination scores and courses for
 3850  which credit is to be granted. Minimum scores may vary by
 3851  subject area based on available performance data. In addition,
 3852  the department shall identify such courses in the general
 3853  education core curriculum of each state university and Florida
 3854  College System institution.
 3855         (b) Each district school board shall notify students who
 3856  enroll in articulated acceleration mechanism courses or take
 3857  examinations pursuant to this section of the credit-by
 3858  examination equivalency list adopted by rule by the State Board
 3859  of Education and the dual enrollment course and high school
 3860  subject area equivalencies approved by the state board pursuant
 3861  to s. 1007.271(9).
 3862         (6) Credit by examination shall be the program through
 3863  which secondary and postsecondary students generate
 3864  postsecondary credit based on the receipt of a specified minimum
 3865  score on nationally standardized general or subject-area
 3866  examinations. For the purpose of statewide application, such
 3867  examinations and the corresponding minimum scores required for
 3868  an award of credit shall be delineated by the State Board of
 3869  Education, and the Board of Governors, and the State Board of
 3870  Colleges in the statewide articulation agreement required by s.
 3871  1007.23(1). The maximum credit generated by a student pursuant
 3872  to this subsection shall be mitigated by any related
 3873  postsecondary credit earned by the student prior to the
 3874  administration of the examination. This subsection shall not
 3875  preclude Florida College System institutions and universities
 3876  from awarding credit by examination based on student performance
 3877  on examinations developed within and recognized by the
 3878  individual postsecondary institutions.
 3879         (7) The International Baccalaureate Program shall be the
 3880  curriculum in which eligible secondary students are enrolled in
 3881  a program of studies offered through the International
 3882  Baccalaureate Program administered by the International
 3883  Baccalaureate Office. The State Board of Colleges Education and
 3884  the Board of Governors shall specify in the statewide
 3885  articulation agreement required by s. 1007.23(1) the cutoff
 3886  scores and International Baccalaureate Examinations which will
 3887  be used to grant postsecondary credit at Florida College System
 3888  institutions and universities. Any changes to the articulation
 3889  agreement, which have the effect of raising the required cutoff
 3890  score or of changing the International Baccalaureate
 3891  Examinations which will be used to grant postsecondary credit,
 3892  shall only apply to students taking International Baccalaureate
 3893  Examinations after such changes are adopted by the State Board
 3894  of Colleges Education and the Board of Governors. Students shall
 3895  be awarded a maximum of 30 semester credit hours pursuant to
 3896  this subsection. The specific course for which a student may
 3897  receive such credit shall be specified in the statewide
 3898  articulation agreement required by s. 1007.23(1). Students
 3899  enrolled pursuant to this subsection shall be exempt from the
 3900  payment of any fees for administration of the examinations
 3901  regardless of whether or not the student achieves a passing
 3902  score on the examination.
 3903         (8) The Advanced International Certificate of Education
 3904  Program and the International General Certificate of Secondary
 3905  Education (pre-AICE) Program shall be the curricula in which
 3906  eligible secondary students are enrolled in programs of study
 3907  offered through the Advanced International Certificate of
 3908  Education Program or the International General Certificate of
 3909  Secondary Education (pre-AICE) Program administered by the
 3910  University of Cambridge Local Examinations Syndicate. The State
 3911  Board of Colleges Education and the Board of Governors shall
 3912  specify in the statewide articulation agreement required by s.
 3913  1007.23(1) the cutoff scores and Advanced International
 3914  Certificate of Education examinations which will be used to
 3915  grant postsecondary credit at Florida College System
 3916  institutions and universities. Any changes to the cutoff scores,
 3917  which changes have the effect of raising the required cutoff
 3918  score or of changing the Advanced International Certification of
 3919  Education examinations which will be used to grant postsecondary
 3920  credit, shall apply to students taking Advanced International
 3921  Certificate of Education examinations after such changes are
 3922  adopted by the State Board of Colleges Education and the Board
 3923  of Governors. Students shall be awarded a maximum of 30 semester
 3924  credit hours pursuant to this subsection. The specific course
 3925  for which a student may receive such credit shall be determined
 3926  by the Florida College System institution or university that
 3927  accepts the student for admission. Students enrolled in either
 3928  program of study pursuant to this subsection shall be exempt
 3929  from the payment of any fees for administration of the
 3930  examinations regardless of whether the student achieves a
 3931  passing score on the examination.
 3932         Section 64. Subsection (22) of section 1007.271, Florida
 3933  Statutes, is amended to read:
 3934         1007.271 Dual enrollment programs.—
 3935         (22) The Department of Education shall develop an
 3936  electronic submission system for dual enrollment articulation
 3937  agreements and shall review, for compliance, each dual
 3938  enrollment articulation agreement submitted pursuant to
 3939  subsections (13), (21), and (24). The Commissioner of Education
 3940  shall notify the district school superintendent and the Florida
 3941  College System institution president if the dual enrollment
 3942  articulation agreement does not comply with statutory
 3943  requirements and shall submit any dual enrollment articulation
 3944  agreement with unresolved issues of noncompliance to the State
 3945  Board of Education. The State Board of Education shall
 3946  collaborate with the State Board of Colleges to settle
 3947  unresolved issues of noncompliance.
 3948         Section 65. Subsection (6) of section 1007.273, Florida
 3949  Statutes, is amended to read:
 3950         1007.273 Collegiate high school program.—
 3951         (6) The collegiate high school program shall be funded
 3952  pursuant to ss. 1007.271 and 1011.62. The State Board of
 3953  Education shall enforce compliance with this section by
 3954  withholding the transfer of funds for the school districts and
 3955  the Florida College System institutions in accordance with s.
 3956  1008.32. Annually, by December 31, the State Board of Colleges
 3957  shall enforce compliance with this section by withholding the
 3958  transfer of funds for the Florida College System institutions in
 3959  accordance with s. 1001.602.
 3960         Section 66. Section 1007.33, Florida Statutes, is amended
 3961  to read:
 3962         1007.33 Site-determined baccalaureate degree access.—
 3963         (1)(a) The Legislature recognizes that public and private
 3964  postsecondary educational institutions play an essential role in
 3965  improving the quality of life and economic well-being of the
 3966  state and its residents. The Legislature also recognizes that
 3967  economic development needs and the educational needs of place
 3968  bound, nontraditional students have increased the demand for
 3969  local access to baccalaureate degree programs. It is therefore
 3970  the intent of the Legislature to further expand access to
 3971  baccalaureate degree programs through the use of Florida College
 3972  System institutions.
 3973         (b) For purposes of this section, the term “district”
 3974  refers to the county or counties served by a Florida College
 3975  System institution pursuant to s. 1000.21(3).
 3976         (2) Any Florida College System institution that offers one
 3977  or more baccalaureate degree programs must:
 3978         (a) Maintain as its primary mission:
 3979         1. Responsibility for responding to community needs for
 3980  postsecondary academic education and career degree education as
 3981  prescribed in s. 1004.65(5).
 3982         2. The provision of associate degrees that provide access
 3983  to a university.
 3984         (b) Maintain an open-door admission policy for associate
 3985  level degree programs and workforce education programs.
 3986         (c) Continue to provide outreach to underserved
 3987  populations.
 3988         (d) Continue to provide remedial education pursuant to s.
 3989  1008.30.
 3990         (e) Comply with all provisions of the statewide
 3991  articulation agreement which relate to 2-year and 4-year public
 3992  degree-granting institutions as adopted by the State Board of
 3993  Education or the State Board of Colleges, as applicable,
 3994  pursuant to s. 1007.23.
 3995         (f) Not award graduate credit.
 3996         (g) Not participate in intercollegiate athletics beyond the
 3997  2-year level.
 3998         (3) A Florida College System institution may not terminate
 3999  its associate in arts or associate in science degree programs as
 4000  a result of being authorized to offer one or more baccalaureate
 4001  degree programs. The Legislature intends that the primary
 4002  responsibility of a Florida College System institution,
 4003  including a Florida College System institution that offers
 4004  baccalaureate degree programs, continues to be the provision of
 4005  associate degrees that provide access to a university.
 4006         (4) A Florida College System institution may:
 4007         (a) Offer specified baccalaureate degree programs through
 4008  formal agreements between the Florida College System institution
 4009  and other regionally accredited postsecondary educational
 4010  institutions pursuant to s. 1007.22.
 4011         (b) Offer baccalaureate degree programs that are were
 4012  authorized by law prior to July 1, 2009.
 4013         (c) Beginning July 1, 2009, establish a first or subsequent
 4014  baccalaureate degree program for purposes of meeting district,
 4015  regional, or statewide workforce needs if approved by the State
 4016  Board of Colleges Education under this section. However, a
 4017  Florida College System institution may not offer a bachelor of
 4018  arts degree program.
 4019  
 4020  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4021  College is authorized to establish one or more bachelor of
 4022  applied science degree programs based on an analysis of
 4023  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4024  other counties approved by the Department of Education. For each
 4025  program selected, St. Petersburg College must offer a related
 4026  associate in science or associate in applied science degree
 4027  program, and the baccalaureate degree level program must be
 4028  designed to articulate fully with at least one associate in
 4029  science degree program. The college is encouraged to develop
 4030  articulation agreements for enrollment of graduates of related
 4031  associate in applied science degree programs. The Board of
 4032  Trustees of St. Petersburg College is authorized to establish
 4033  additional baccalaureate degree programs if it determines a
 4034  program is warranted and feasible based on each of the factors
 4035  in paragraph (5)(d). However, the Board of Trustees of St.
 4036  Petersburg College may not establish any new baccalaureate
 4037  degree programs from March 31, 2014, through May 31, 2015. Prior
 4038  to developing or proposing a new baccalaureate degree program,
 4039  St. Petersburg College shall engage in need, demand, and impact
 4040  discussions with the state university in its service district
 4041  and other local and regional, accredited postsecondary providers
 4042  in its region. Documentation, data, and other information from
 4043  inter-institutional discussions regarding program need, demand,
 4044  and impact shall be provided to the college’s board of trustees
 4045  to inform the program approval process. Employment at St.
 4046  Petersburg College is governed by the same laws that govern
 4047  Florida College System institutions, except that upper-division
 4048  faculty are eligible for continuing contracts upon the
 4049  completion of the fifth year of teaching. Employee records for
 4050  all personnel shall be maintained as required by s. 1012.81.
 4051         (5) The approval process for baccalaureate degree programs
 4052  requires shall require:
 4053         (a) Each Florida College System institution to submit a
 4054  notice of interest at least 180 days before submitting a notice
 4055  of its intent to propose a baccalaureate degree program to the
 4056  Division of Florida Colleges at least 100 days before the
 4057  submission of its proposal under paragraph (d). The notice of
 4058  interest must be submitted into a shared postsecondary database
 4059  that allows other postsecondary institutions to preview and
 4060  provide feedback on the notice of interest. A written notice of
 4061  intent must be submitted to the Chancellor of the Florida
 4062  College System at least 100 days before the submission of a
 4063  baccalaureate degree program proposal under paragraph (c). The
 4064  notice of intent must include a brief description of the
 4065  program, the workforce demand and unmet need for graduates of
 4066  the program to include evidence from entities independent of the
 4067  institution, the geographic region to be served, and an
 4068  estimated timeframe for implementation. Notices of interest and
 4069  intent may be submitted by a Florida College System institution
 4070  at any time throughout the year. The notice of intent must also
 4071  include evidence that the Florida College System institution
 4072  engaged in need, demand, and impact discussions with the state
 4073  university and other regionally accredited postsecondary
 4074  education providers in its service district.
 4075         (b) The Chancellor of the Florida College System Division
 4076  of Florida Colleges to forward the notice of intent submitted
 4077  pursuant to paragraph (a) and the justification for the proposed
 4078  baccalaureate degree program required under paragraph (c) within
 4079  10 business days after receiving such notice and justification
 4080  to the Chancellor of the State University System, the president
 4081  of the Independent Colleges and Universities of Florida, and the
 4082  Executive Director of the Commission for Independent Education.
 4083  State universities shall have 60 days following receipt of the
 4084  notice of intent and justification by the Chancellor of the
 4085  State University System to submit an objection and a reason for
 4086  the objection to the proposed baccalaureate degree program which
 4087  may include objections to the proposed new program or submit an
 4088  alternative proposal to offer the baccalaureate degree program.
 4089  The Chancellor of the State University System shall review the
 4090  objection raised by a state university and inform the Board of
 4091  Governors of the objection before a state university submits its
 4092  objection to the Chancellor of the Florida College System. The
 4093  Chancellor of the Florida College System must consult with the
 4094  Chancellor of the State University System to consider the
 4095  objection raised by the state university before the State Board
 4096  of Colleges approves or denies a Florida College System
 4097  institution’s proposal submitted pursuant to paragraph (c). If a
 4098  proposal from a state university is not received within the 60
 4099  day period, The Chancellor of the Florida College System State
 4100  Board of Education shall also provide regionally accredited
 4101  private colleges and universities 60 30 days to submit an
 4102  objection and a reason for the objection to the proposed
 4103  baccalaureate degree program which may include an alternative
 4104  proposal to offer a baccalaureate degree program objections to
 4105  the proposed new program or submit an alternative proposal.
 4106  Objections by a regionally accredited private college or
 4107  university or alternative proposals shall be submitted to the
 4108  Chancellor of the Florida College System, and the state board
 4109  must consider such objections before Division of Florida
 4110  Colleges and must be considered by the State Board of Education
 4111  in making its decision to approve or deny a Florida College
 4112  System institution’s proposal submitted pursuant to paragraph
 4113  (c).
 4114         (c) An alternative proposal submitted by a state university
 4115  or private college or university to adequately address:
 4116         1. The extent to which the workforce demand and unmet need
 4117  described in the notice of intent will be met.
 4118         2. The extent to which students will be able to complete
 4119  the degree in the geographic region proposed to be served by the
 4120  Florida College System institution.
 4121         3. The level of financial commitment of the college or
 4122  university to the development, implementation, and maintenance
 4123  of the specified degree program, including timelines.
 4124         4. The extent to which faculty at both the Florida College
 4125  System institution and the college or university will
 4126  collaborate in the development and offering of the curriculum.
 4127         5. The ability of the Florida College System institution
 4128  and the college or university to develop and approve the
 4129  curriculum for the specified degree program within 6 months
 4130  after an agreement between the Florida College System
 4131  institution and the college or university is signed.
 4132         6. The extent to which the student may incur additional
 4133  costs above what the student would expect to incur if the
 4134  program were offered by the Florida College System institution.
 4135         (c)(d) Each Florida College System institution to submit a
 4136  baccalaureate degree program proposal at least 100 days after
 4137  submitting the notice of intent. Each proposal must submitted by
 4138  a Florida College System institution to, at a minimum, include:
 4139         1. A description of the planning process and timeline for
 4140  implementation.
 4141         2. A justification for the proposed baccalaureate degree
 4142  program, including, at a minimum, a data-driven An analysis of
 4143  workforce demand and unmet need for graduates of the program on
 4144  a district, regional, or statewide basis, as appropriate, and
 4145  the extent to which the proposed program will meet the workforce
 4146  demand and unmet need. The analysis must include workforce and
 4147  employment data for the most recent years and projections by the
 4148  Department of Economic Opportunity for future years, and a
 4149  summary of degree programs similar to the proposed degree
 4150  program which are currently offered by state universities or by
 4151  independent nonprofit colleges or universities that are eligible
 4152  to participate in a grant program pursuant to s. 1009.89 and
 4153  which are located in the Florida College System institution’s
 4154  regional service area. The analysis and evidence must be
 4155  verified by the Chancellor of the Florida College System
 4156  including evidence from entities independent of the institution.
 4157         3. Identification of the facilities, equipment, and library
 4158  and academic resources that will be used to deliver the program.
 4159         4. The program cost analysis of creating a new
 4160  baccalaureate degree when compared to alternative proposals and
 4161  other program delivery options.
 4162         5. The program’s admission requirements, academic content,
 4163  curriculum, faculty credentials, student-to-teacher ratios, and
 4164  accreditation plan.
 4165         6. The program’s student enrollment projections and funding
 4166  requirements, including:
 4167         a. The impact of the program’s enrollment projections on
 4168  compliance with the upper-level enrollment provisions under
 4169  subsection (6); and
 4170         b. The institution’s efforts to sustain the program at the
 4171  cost of tuition and fees for students who are classified as
 4172  residents for tuition purposes under s. 1009.21, not to exceed
 4173  $10,000 for the entire degree program, including flexible
 4174  tuition and fee rates, and the use of waivers pursuant to s.
 4175  1009.26(11).
 4176         7. A plan of action if the program is terminated.
 4177         (d)(e) The State Board of Division of Florida Colleges to
 4178  review the proposal, notify the Florida College System
 4179  institution of any deficiencies in writing within 30 days
 4180  following receipt of the proposal, and provide the Florida
 4181  College System institution with an opportunity to correct the
 4182  deficiencies. Within 45 days following receipt of a completed
 4183  proposal by the State Board of Division of Florida Colleges, the
 4184  Chancellor of the Florida College System Commissioner of
 4185  Education shall recommend approval or disapproval of the
 4186  proposal to the State Board of Colleges Education. The State
 4187  Board of Colleges Education shall consider such recommendation,
 4188  the proposal, input from the Chancellor of the State University
 4189  System and the president of the Independent Colleges and
 4190  Universities of Florida, and any objections or alternative
 4191  proposals at its next meeting. If the State Board of Colleges
 4192  Education disapproves the Florida College System institution’s
 4193  proposal, it shall provide the Florida College System
 4194  institution with written reasons for that determination.
 4195         (e)(f) The Florida College System institution to obtain
 4196  from the Commission on Colleges of the Southern Association of
 4197  Colleges and Schools accreditation as a baccalaureate-degree
 4198  granting institution if approved by the State Board of Colleges
 4199  Education to offer its first baccalaureate degree program.
 4200         (f)(g) The Florida College System institution to notify the
 4201  Commission on Colleges of the Southern Association of Colleges
 4202  and Schools of subsequent degree programs that are approved by
 4203  the State Board of Colleges Education and to comply with the
 4204  association’s required substantive change protocols for
 4205  accreditation purposes.
 4206         (g)(h) The Florida College System institution to annually
 4207  report to the State Board of Colleges, the Chancellor of the
 4208  State University System, and upon request of the State Board of
 4209  Education, the Commissioner of Education, the Chancellor of the
 4210  Florida College System, or the Legislature, report its status
 4211  using the following performance and compliance indicators:
 4212         1. Obtaining and maintaining appropriate Southern
 4213  Association of Colleges and Schools accreditation;
 4214         2. Maintaining qualified faculty and institutional
 4215  resources;
 4216         3. Maintaining student enrollment in previously approved
 4217  programs;
 4218         4. Managing fiscal resources appropriately;
 4219         5. Complying with the primary mission and responsibility
 4220  requirements in subsections (2) and (3); and
 4221         6. Incorporating other indicators of success, including
 4222  program completions, employment and earnings outcomes, student
 4223  acceptance into and performance in graduate programs placements,
 4224  and surveys of graduates and employers;.
 4225         7. Continuing to meet workforce demand, as provided in
 4226  subparagraph (c)2., as demonstrated through a data-driven needs
 4227  assessment by the Florida College System institution which is
 4228  verified by more than one third-party professional entity that
 4229  is independent of the institution; and
 4230         8. Complying with the upper-level enrollment provisions
 4231  under subsection (6).
 4232  
 4233  The State Board of Colleges Education, upon annual review of the
 4234  baccalaureate degree program performance and compliance
 4235  indicators and needs assessment, may require a Florida College
 4236  System institution’s board of trustees to modify or terminate a
 4237  baccalaureate degree program authorized under this section. If
 4238  the annual review indicates negative program performance and
 4239  compliance results, and if the needs assessment fails to
 4240  demonstrate a need for the program, the State Board of Colleges
 4241  must require a Florida College System institution’s board of
 4242  trustees to terminate that baccalaureate degree program.
 4243         (6)(a) The upper-level, undergraduate full-time equivalent
 4244  enrollment at a Florida College System institution may not
 4245  exceed 20 percent of the total full-time equivalent enrollment
 4246  at that institution.
 4247         (b) The upper-level, undergraduate full-time equivalent
 4248  enrollment in the Florida College System may not exceed 10
 4249  percent of the total full-time equivalent enrollment of the
 4250  Florida College System.
 4251         (c) For any planned and purposeful expansion of existing
 4252  baccalaureate degree programs or creation of a new baccalaureate
 4253  program, a Florida College System institution must demonstrate
 4254  satisfactory performance in fulfilling its primary mission
 4255  pursuant to s. 1004.65, executing at least one “2+2” targeted
 4256  pathway articulation agreement pursuant to s. 1007.23, and
 4257  meeting or exceeding the performance standards related to on
 4258  time completion and graduation rates under s. 1001.66 for
 4259  students earning associate in arts or baccalaureate degrees. The
 4260  State Board of Colleges may not approve a new baccalaureate
 4261  degree program proposal for a Florida College System institution
 4262  that does not meet the conditions specified in this subsection
 4263  in addition to the other requirements for approval under this
 4264  section. Each Florida College System institution that offers a
 4265  baccalaureate degree must annually review each baccalaureate
 4266  degree program and annually report to the State Board of
 4267  Colleges, in a format prescribed by the state board, current and
 4268  projected student enrollment for such program, justification for
 4269  continuation of each baccalaureate degree program, and a plan to
 4270  comply with the upper-level enrollment provisions of this
 4271  subsection. A Florida College System institution that does not
 4272  comply with the requirements of this section is subject to s.
 4273  1001.602(9) and may not report for funding the upper-level,
 4274  undergraduate full-time equivalent enrollment that exceeds the
 4275  upper-level enrollment percent provision of this subsection.
 4276         (7)(6) The State Board of Colleges Education shall adopt
 4277  rules to prescribe format and content requirements and
 4278  submission procedures for notices of interest and intent,
 4279  baccalaureate degree program proposals, objections alternative
 4280  proposals, and compliance reviews under subsection (5).
 4281         Section 67. Effective July 1, 2018, subsections (1), (3),
 4282  (4), and (5) of section 1008.30, Florida Statutes, are amended
 4283  and subsection (7) is added to that section, to read:
 4284         1008.30 Common placement testing for public postsecondary
 4285  education.—
 4286         (1) The State Board of Colleges Education, in conjunction
 4287  with the Board of Governors and the State Board of Education,
 4288  shall develop and implement a common placement test for the
 4289  purpose of assessing the basic computation and communication
 4290  skills of students who intend to enter a degree program at any
 4291  public postsecondary educational institution. Alternative
 4292  assessments that may be accepted in lieu of the common placement
 4293  test shall also be identified in rule. Public postsecondary
 4294  educational institutions shall provide appropriate modifications
 4295  of the test instruments or test procedures for students with
 4296  disabilities.
 4297         (3) By October 31, 2013, The State Board of Colleges, in
 4298  conjunction with the Board of Governors and the State Board of
 4299  Education, Education shall establish by rule the test scores a
 4300  student must achieve to demonstrate readiness to perform
 4301  college-level work, and the rules must specify the following:
 4302         (a) A student who entered 9th grade in a Florida public
 4303  school in the 2003-2004 school year, or any year thereafter, and
 4304  earned a Florida standard high school diploma or a student who
 4305  is serving as an active duty member of any branch of the United
 4306  States Armed Services shall not be required to take the common
 4307  placement test and shall not be required to enroll in
 4308  developmental education instruction in a Florida College System
 4309  institution. However, a student who is not required to take the
 4310  common placement test and is not required to enroll in
 4311  developmental education under this paragraph may opt to be
 4312  assessed and to enroll in developmental education instruction,
 4313  and the college shall provide such assessment and instruction
 4314  upon the student’s request.
 4315         (b) A student who takes the common placement test and whose
 4316  score on the test indicates a need for developmental education
 4317  must be advised of all the developmental education options
 4318  offered at the institution and, after advisement, shall be
 4319  allowed to enroll in the developmental education option of his
 4320  or her choice.
 4321         (c) A student who demonstrates readiness by achieving or
 4322  exceeding the test scores established by the state board and
 4323  enrolls in a Florida College System institution within 2 years
 4324  after achieving such scores shall not be required to retest or
 4325  complete developmental education when admitted to any Florida
 4326  College System institution.
 4327         (4) By December 31, 2013, The State Board of Colleges
 4328  Education, in consultation with the Board of Governors, shall
 4329  approve a series of meta-majors and the academic pathways that
 4330  identify the gateway courses associated with each meta-major.
 4331  Florida College System institutions shall use placement test
 4332  results to determine the extent to which each student
 4333  demonstrates sufficient communication and computation skills to
 4334  indicate readiness for his or her chosen meta-major. Florida
 4335  College System institutions shall counsel students into college
 4336  credit courses as quickly as possible, with developmental
 4337  education limited to that content needed for success in the
 4338  meta-major.
 4339         (5)(a) Each Florida College System institution board of
 4340  trustees shall develop a plan to implement the developmental
 4341  education strategies defined in s. 1008.02 and rules established
 4342  by the State Board of Colleges Education. The plan must be
 4343  submitted to the Chancellor of the Florida College System for
 4344  approval no later than March 1, 2014, for implementation no
 4345  later than the fall semester 2014. Each plan must include, at a
 4346  minimum, local policies that outline:
 4347         1. Documented student achievements such as grade point
 4348  averages, work history, military experience, participation in
 4349  juried competitions, career interests, degree major declaration,
 4350  or any combination of such achievements that the institution may
 4351  consider, in addition to common placement test scores, for
 4352  advising students regarding enrollment options.
 4353         2. Developmental education strategies available to
 4354  students.
 4355         3. A description of student costs and financial aid
 4356  opportunities associated with each option.
 4357         4. Provisions for the collection of student success data.
 4358         5. A comprehensive plan for advising students into
 4359  appropriate developmental education strategies based on student
 4360  success data.
 4361         (b) Beginning October 31, 2015, each Florida College System
 4362  institution shall annually prepare an accountability report that
 4363  includes student success data relating to each developmental
 4364  education strategy implemented by the institution. The report
 4365  shall be submitted to the State Board of Division of Florida
 4366  Colleges by October 31 in a format determined by the Chancellor
 4367  of the Florida College System. By December 31, the chancellor
 4368  shall compile and submit the institutional reports to the
 4369  Governor, the President of the Senate, the Speaker of the House
 4370  of Representatives, and the State Board of Colleges and the
 4371  State Board of Education.
 4372         (c) A university board of trustees may contract with a
 4373  Florida College System institution board of trustees for the
 4374  Florida College System institution to provide developmental
 4375  education on the state university campus. Any state university
 4376  in which the percentage of incoming students requiring
 4377  developmental education equals or exceeds the average percentage
 4378  of such students for the Florida College System may offer
 4379  developmental education without contracting with a Florida
 4380  College System institution; however, any state university
 4381  offering college-preparatory instruction as of January 1, 1996,
 4382  may continue to provide developmental education instruction
 4383  pursuant to s. 1008.02(1) such services.
 4384         (7) The Supporting Students for Academic Success Program is
 4385  established to fund the efforts of Florida College System
 4386  institutions in assisting students enrolled in an associate in
 4387  arts degree program with successfully completing college credit
 4388  courses, graduating with an associate in arts degree, and
 4389  transferring to a baccalaureate degree program. It is the intent
 4390  of the Legislature to boost student achievement through
 4391  investments in effective and purposeful outcome-based strategies
 4392  and efforts to increase student access to relevant supports and
 4393  services. Such investments shall be used to boost the
 4394  achievement of students, including, but not limited to,
 4395  nontraditional students and underprepared students participating
 4396  in developmental education.
 4397         (a) A Florida College institution’s efforts must include
 4398  the implementation of the developmental education instructional
 4399  strategies under s. 1008.02 and other effective approaches to
 4400  improve student completion and graduation outcomes. Such
 4401  approaches may relate to direct instruction, academic support,
 4402  and student services.
 4403         (b) Funding for the Supporting Students for Academic
 4404  Success Program shall be as provided in the General
 4405  Appropriations Act. Each Florida College System institution
 4406  shall use the funds only for the purpose and investments
 4407  authorized under this subsection.
 4408         (c) The Chancellor of the Florida College System must
 4409  include in the accountability report required under subsection
 4410  (5) a summary of information from each Florida College System
 4411  institution which includes, but is not limited to, the number
 4412  and percentage of students enrolled at Florida College System
 4413  institutions who:
 4414         1. Successfully complete a gateway course in mathematics
 4415  within the first academic year after initial enrollment;
 4416         2. Successfully complete at least 24 credit hours at a
 4417  Florida College System institution within the first academic
 4418  year after initial enrollment and who remain enrolled at that
 4419  institution in the academic year immediately following the first
 4420  academic year;
 4421         3. Graduate with an associate in arts degree; and
 4422         4. Transfer to a baccalaureate degree program offered by an
 4423  institution of higher education in Florida within one year after
 4424  earning an associate in arts degree.
 4425         Section 68. Paragraphs (d) and (e) of subsection (1) and
 4426  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4427  Florida Statutes, are amended to read:
 4428         1008.31 Florida’s K-20 education performance accountability
 4429  system; legislative intent; mission, goals, and systemwide
 4430  measures; data quality improvements.—
 4431         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4432  that:
 4433         (d) The State Board of Education, and the Board of
 4434  Governors of the State University System, and the State Board of
 4435  Colleges of the Florida College System recommend to the
 4436  Legislature systemwide performance standards; the Legislature
 4437  establish systemwide performance measures and standards; and the
 4438  systemwide measures and standards provide Floridians with
 4439  information on what the public is receiving in return for the
 4440  funds it invests in education and how well the K-20 system
 4441  educates its students.
 4442         (e)1. The State Board of Education establish performance
 4443  measures and set performance standards for individual public
 4444  schools and Florida College System institutions, with measures
 4445  and standards based primarily on student achievement.
 4446         2. The Board of Governors of the State University System
 4447  establish performance measures and set performance standards for
 4448  individual state universities, including actual completion
 4449  rates.
 4450         3. The State Board of Colleges establish performance
 4451  measures and set performance standards for individual Florida
 4452  College System institutions.
 4453         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4454  data required to implement education performance accountability
 4455  measures in state and federal law, the Commissioner of Education
 4456  shall initiate and maintain strategies to improve data quality
 4457  and timeliness. The Board of Governors shall make available to
 4458  the department all data within the State University Database
 4459  System to be integrated into the K-20 data warehouse. The
 4460  commissioner shall have unlimited access to such data for the
 4461  purposes of conducting studies, reporting annual and
 4462  longitudinal student outcomes, and improving college readiness
 4463  and articulation. All public educational institutions shall
 4464  annually provide data from the prior year to the K-20 data
 4465  warehouse in a format based on data elements identified by the
 4466  commissioner.
 4467         (a) School districts and public postsecondary educational
 4468  institutions shall maintain information systems that will
 4469  provide the State Board of Education, the Board of Governors of
 4470  the State University System, the State Board of Colleges of the
 4471  Florida College System, and the Legislature with information and
 4472  reports necessary to address the specifications of the
 4473  accountability system. The level of comprehensiveness and
 4474  quality must be no less than that which was available as of June
 4475  30, 2001.
 4476         (c) The Commissioner of Education shall determine the
 4477  standards for the required data, monitor data quality, and
 4478  measure improvements. The commissioner shall report annually to
 4479  the State Board of Education, the Board of Governors of the
 4480  State University System, the State Board of Colleges of the
 4481  Florida College System, the President of the Senate, and the
 4482  Speaker of the House of Representatives data quality indicators
 4483  and ratings for all school districts and public postsecondary
 4484  educational institutions.
 4485         Section 69. Section 1008.32, Florida Statutes, is amended
 4486  to read:
 4487         1008.32 State Board of Education oversight enforcement
 4488  authority.—The State Board of Education shall oversee the
 4489  performance of district school boards and Florida College System
 4490  institution boards of trustees in enforcement of all laws and
 4491  rules. District school boards and Florida College System
 4492  institution boards of trustees shall be primarily responsible
 4493  for compliance with law and state board rule.
 4494         (1) In order to ensure compliance with law or state board
 4495  rule, the State Board of Education shall have the authority to
 4496  request and receive information, data, and reports from school
 4497  districts and Florida College System institutions. District
 4498  school superintendents and Florida College System institution
 4499  presidents are responsible for the accuracy of the information
 4500  and data reported to the state board.
 4501         (2) The Commissioner of Education may investigate
 4502  allegations of noncompliance with law or state board rule and
 4503  determine probable cause. The commissioner shall report
 4504  determinations of probable cause to the State Board of Education
 4505  which shall require the district school board or Florida College
 4506  System institution board of trustees to document compliance with
 4507  law or state board rule.
 4508         (3) If the district school board or Florida College System
 4509  institution board of trustees cannot satisfactorily document
 4510  compliance, the State Board of Education may order compliance
 4511  within a specified timeframe.
 4512         (4) If the State Board of Education determines that a
 4513  district school board or Florida College System institution
 4514  board of trustees is unwilling or unable to comply with law or
 4515  state board rule within the specified time, the state board
 4516  shall have the authority to initiate any of the following
 4517  actions:
 4518         (a) Report to the Legislature that the school district or
 4519  Florida College System institution is unwilling or unable to
 4520  comply with law or state board rule and recommend action to be
 4521  taken by the Legislature.
 4522         (b) Withhold the transfer of state funds, discretionary
 4523  grant funds, discretionary lottery funds, or any other funds
 4524  specified as eligible for this purpose by the Legislature until
 4525  the school district or Florida College System institution
 4526  complies with the law or state board rule.
 4527         (c) Declare the school district or Florida College System
 4528  institution ineligible for competitive grants.
 4529         (d) Require monthly or periodic reporting on the situation
 4530  related to noncompliance until it is remedied.
 4531         (5) Nothing in this section shall be construed to create a
 4532  private cause of action or create any rights for individuals or
 4533  entities in addition to those provided elsewhere in law or rule.
 4534         Section 70. Paragraphs (e) and (f) of subsection (7) of
 4535  section 1008.345, Florida Statutes, are amended to read:
 4536         1008.345 Implementation of state system of school
 4537  improvement and education accountability.—
 4538         (7) As a part of the system of educational accountability,
 4539  the Department of Education shall:
 4540         (e) Maintain a listing of college-level communication and
 4541  mathematics skills associated with successful student
 4542  performance through the baccalaureate level and submit it to the
 4543  State Board of Education, and the Board of Governors, and the
 4544  State Board of Colleges for approval.
 4545         (f) Perform any other functions that may be involved in
 4546  educational planning, research, and evaluation or that may be
 4547  required by the commissioner, the State Board of Education, the
 4548  State Board of Colleges, the Board of Governors, or law.
 4549         Section 71. Subsections (1) and (2) of section 1008.37,
 4550  Florida Statutes, are amended to read:
 4551         1008.37 Postsecondary feedback of information to high
 4552  schools.—
 4553         (1) The Commissioner of Education shall report to the State
 4554  Board of Education, the Board of Governors, the State Board of
 4555  Colleges, the Legislature, and the district school boards on the
 4556  performance of each first-time-in-postsecondary education
 4557  student from each public high school in this state who is
 4558  enrolled in a public postsecondary institution or public career
 4559  center. Such reports must be based on information databases
 4560  maintained by the Department of Education. In addition, the
 4561  public postsecondary educational institutions and career centers
 4562  shall provide district school boards access to information on
 4563  student performance in regular and preparatory courses and shall
 4564  indicate students referred for remediation pursuant to s.
 4565  1004.91 or s. 1008.30.
 4566         (2) The Commissioner of Education shall report, by high
 4567  school, to the State Board of Education, the Board of Governors,
 4568  the State Board of Colleges, and the Legislature, no later than
 4569  November 30 of each year, on the number of prior year Florida
 4570  high school graduates who enrolled for the first time in public
 4571  postsecondary education in this state during the previous
 4572  summer, fall, or spring term, indicating the number of students
 4573  whose scores on the common placement test indicated the need for
 4574  developmental education under s. 1008.30 or for applied
 4575  academics for adult education under s. 1004.91.
 4576         Section 72. Section 1008.38, Florida Statutes, is amended
 4577  to read:
 4578         1008.38 Articulation accountability process.—The State
 4579  Board of Education, in conjunction with the Board of Governors
 4580  and the State Board of Colleges, shall develop articulation
 4581  accountability measures which assess the status of systemwide
 4582  articulation processes authorized under s. 1007.23 and establish
 4583  an articulation accountability process which at a minimum shall
 4584  address:
 4585         (1) The impact of articulation processes on ensuring
 4586  educational continuity and the orderly and unobstructed
 4587  transition of students between public secondary and
 4588  postsecondary education systems and facilitating the transition
 4589  of students between the public and private sectors.
 4590         (2) The adequacy of preparation of public secondary
 4591  students to smoothly articulate to a public postsecondary
 4592  institution.
 4593         (3) The effectiveness of articulated acceleration
 4594  mechanisms available to secondary students.
 4595         (4) The smooth transfer of Florida College System associate
 4596  degree graduates to a Florida College System institution or a
 4597  state university.
 4598         (5) An examination of degree requirements that exceed the
 4599  parameters of 60 credit hours for an associate degree and 120
 4600  hours for a baccalaureate degree in public postsecondary
 4601  programs.
 4602         (6) The relationship between student attainment of college
 4603  level academic skills and articulation to the upper division in
 4604  public postsecondary institutions.
 4605         Section 73. Section 1008.405, Florida Statutes, is amended
 4606  to read:
 4607         1008.405 Adult student information.—Each school district
 4608  and Florida College System institution shall maintain sufficient
 4609  information for each student enrolled in workforce education to
 4610  allow local and state administrators to locate such student upon
 4611  the termination of instruction and to determine the
 4612  appropriateness of student placement in specific instructional
 4613  programs. The State Board of Education and the State Board of
 4614  Colleges shall adopt, by rule, specific information that must be
 4615  maintained and acceptable means of maintaining that information.
 4616         Section 74. Subsection (2) of section 1008.44, Florida
 4617  Statutes, is amended to read:
 4618         1008.44 CAPE Industry Certification Funding List and CAPE
 4619  Postsecondary Industry Certification Funding List.—
 4620         (2) The State Board of Education, for school districts, and
 4621  the State Board of Colleges, for Florida College System
 4622  institutions, shall collaborate to approve, at least annually,
 4623  the CAPE Postsecondary Industry Certification Funding List
 4624  pursuant to this section. The Commissioner of Education and the
 4625  Chancellor of the Florida College System shall recommend, at
 4626  least annually, the CAPE Postsecondary Industry Certification
 4627  Funding List to the State Board of Education and the State Board
 4628  of Colleges, respectively, and may at any time recommend adding
 4629  certifications. The Chancellor of the State University System,
 4630  the Chancellor of the Florida College System, and the Chancellor
 4631  of Career and Adult Education shall work with local workforce
 4632  boards, other postsecondary institutions, businesses, and
 4633  industry to identify, create, and recommend to the Commissioner
 4634  of Education industry certifications to be placed on the funding
 4635  list. The list shall be used to determine annual performance
 4636  funding distributions to school districts or Florida College
 4637  System institutions as specified in ss. 1011.80 and 1011.81,
 4638  respectively. The chancellors shall review results of the
 4639  economic security report of employment and earning outcomes
 4640  produced annually pursuant to s. 445.07 when determining
 4641  recommended certifications for the list, as well as other
 4642  reports and indicators available regarding certification needs.
 4643         Section 75. Section 1008.45, Florida Statutes, is amended
 4644  to read:
 4645         1008.45 Florida College System institution accountability
 4646  process.—
 4647         (1) It is the intent of the Legislature that a management
 4648  and accountability process be implemented which provides for the
 4649  systematic, ongoing improvement and assessment of the
 4650  improvement of the quality and efficiency of the Florida College
 4651  System institutions. Accordingly, the State Board of Colleges
 4652  Education and the Florida College System institution boards of
 4653  trustees shall develop and implement an accountability plan to
 4654  improve and evaluate the instructional and administrative
 4655  efficiency and effectiveness of the Florida College System. This
 4656  plan shall be designed in consultation with staff of the
 4657  Governor and the Legislature and must address the following
 4658  issues:
 4659         (a) Graduation rates of A.A. and A.S. degree-seeking
 4660  students compared to first-time-enrolled students seeking the
 4661  associate degree.
 4662         (b) Minority student enrollment and retention rates.
 4663         (c) Student performance, including student performance in
 4664  college-level academic skills, mean grade point averages for
 4665  Florida College System institution A.A. transfer students, and
 4666  Florida College System institution student performance on state
 4667  licensure examinations.
 4668         (d) Job placement rates of Florida College System
 4669  institution career students.
 4670         (e) Student progression by admission status and program.
 4671         (f) Career accountability standards identified in s.
 4672  1008.42.
 4673         (g) Institutional assessment efforts related to the
 4674  requirements of s. III in the Criteria for Accreditation of the
 4675  Commission on Colleges of the Southern Association of Colleges
 4676  and Schools.
 4677         (h) Other measures approved by the State Board of Colleges
 4678  Education.
 4679         (2) The State Board of Colleges Education shall submit an
 4680  annual report, to coincide with the submission of the state
 4681  board’s agency strategic plan required by law, providing the
 4682  results of initiatives taken during the prior year and the
 4683  initiatives and related objective performance measures proposed
 4684  for the next year.
 4685         (3) The State Board of Colleges Education shall address
 4686  within the annual evaluation of the performance of the
 4687  chancellor executive director, and the Florida College System
 4688  institution boards of trustees shall address within the annual
 4689  evaluation of the presidents, the achievement of the performance
 4690  goals established by the accountability process.
 4691         Section 76. Subsection (13) of section 1009.21, Florida
 4692  Statutes, is amended to read:
 4693         1009.21 Determination of resident status for tuition
 4694  purposes.—Students shall be classified as residents or
 4695  nonresidents for the purpose of assessing tuition in
 4696  postsecondary educational programs offered by charter technical
 4697  career centers or career centers operated by school districts,
 4698  in Florida College System institutions, and in state
 4699  universities.
 4700         (13) The State Board of Education, and the Board of
 4701  Governors, and the State Board of Colleges shall adopt rules to
 4702  implement this section.
 4703         Section 77. Effective July 1, 2018, paragraph (e) of
 4704  subsection (3) of section 1009.22, Florida Statutes, is amended
 4705  to read:
 4706         1009.22 Workforce education postsecondary student fees.—
 4707         (3)
 4708         (e) The State Board of Education and the State Board of
 4709  Colleges may adopt, by rule, the definitions and procedures that
 4710  district school boards and Florida College System institution
 4711  boards of trustees shall use in the calculation of cost borne by
 4712  students.
 4713         Section 78. Subsection (7), paragraph (b) of subsection
 4714  (12), subsection (13), paragraph (b) of subsection (16), and
 4715  subsection (19) of section 1009.23, Florida Statutes, are
 4716  amended to read:
 4717         1009.23 Florida College System institution student fees.—
 4718         (7) Each Florida College System institution board of
 4719  trustees may establish a separate activity and service fee not
 4720  to exceed 10 percent of the tuition fee, according to rules of
 4721  the State Board of Colleges Education. The student activity and
 4722  service fee shall be collected as a component part of the
 4723  tuition and fees. The student activity and service fees shall be
 4724  paid into a student activity and service fund at the Florida
 4725  College System institution and shall be expended for lawful
 4726  purposes to benefit the student body in general. These purposes
 4727  include, but are not limited to, student publications and grants
 4728  to duly recognized student organizations, the membership of
 4729  which is open to all students at the Florida College System
 4730  institution without regard to race, sex, or religion. No Florida
 4731  College System institution shall be required to lower any
 4732  activity and service fee approved by the board of trustees of
 4733  the Florida College System institution and in effect prior to
 4734  October 26, 2007, in order to comply with the provisions of this
 4735  subsection.
 4736         (12)
 4737         (b) The State Board of Colleges Education may adopt rules
 4738  pursuant to ss. 120.536(1) and 120.54 to administer this
 4739  subsection.
 4740         (13) The State Board of Colleges Education shall specify,
 4741  as necessary, by rule, approved methods of student fee payment.
 4742  Such methods shall include, but not be limited to, student fee
 4743  payment; payment through federal, state, or institutional
 4744  financial aid; and employer fee payments.
 4745         (16)
 4746         (b) The amount of the distance learning course user fee may
 4747  not exceed the additional costs of the services provided which
 4748  are attributable to the development and delivery of the distance
 4749  learning course. If a Florida College System institution
 4750  assesses the distance learning course user fee, the institution
 4751  may not assess any other fees to cover the additional costs. By
 4752  September 1 of each year, each board of trustees shall report to
 4753  the State Board of Colleges Division of Florida Colleges the
 4754  total amount of revenue generated by the distance learning
 4755  course user fee for the prior fiscal year and how the revenue
 4756  was expended.
 4757         (19) The State Board of Colleges Education shall adopt a
 4758  rule specifying the definitions and procedures to be used in the
 4759  calculation of the percentage of cost paid by students. The rule
 4760  must provide for the calculation of the full cost of educational
 4761  programs based on the allocation of all funds provided through
 4762  the general current fund to programs of instruction, and other
 4763  activities as provided in the annual expenditure analysis. The
 4764  rule shall be developed in consultation with the Legislature.
 4765         Section 79. Subsection (2) of section 1009.25, Florida
 4766  Statutes, is amended to read:
 4767         1009.25 Fee exemptions.—
 4768         (2) Each Florida College System institution is authorized
 4769  to grant student fee exemptions from all fees adopted by the
 4770  State Board of Colleges Education and the Florida College System
 4771  institution board of trustees for up to 54 full-time equivalent
 4772  students or 1 percent of the institution’s total full-time
 4773  equivalent enrollment, whichever is greater, at each
 4774  institution.
 4775         Section 80. Paragraph (b) of subsection (12), paragraphs
 4776  (c) and (d) of subsection (13), and paragraph (d) of subsection
 4777  (14) of section 1009.26, Florida Statutes, are amended to read:
 4778         1009.26 Fee waivers.—
 4779         (12) 
 4780         (b) Tuition and fees charged to a student who qualifies for
 4781  the out-of-state fee waiver under this subsection may not exceed
 4782  the tuition and fees charged to a resident student. The waiver
 4783  is applicable for 110 percent of the required credit hours of
 4784  the degree or certificate program for which the student is
 4785  enrolled. Each state university, Florida College System
 4786  institution, career center operated by a school district under
 4787  s. 1001.44, and charter technical career center shall report to
 4788  the Board of Governors, the State Board of Colleges, and the
 4789  State Board of Education, respectively, the number and value of
 4790  all fee waivers granted annually under this subsection. By
 4791  October 1 of each year, the Board of Governors, for the state
 4792  universities; and the State Board of Colleges, Education for
 4793  Florida College System institutions;, career centers operated by
 4794  a school district under s. 1001.44;, and charter technical
 4795  career centers shall annually report for the previous academic
 4796  year the percentage of resident and nonresident students
 4797  enrolled systemwide.
 4798         (13) 
 4799         (c) Each state university, Florida College System
 4800  institution, career center operated by a school district under
 4801  s. 1001.44, and charter technical career center shall report to
 4802  the Board of Governors, the State Board of Colleges, and the
 4803  State Board of Education, respectively, the number and value of
 4804  all fee waivers granted annually under this subsection.
 4805         (d) The Board of Governors, the State Board of Colleges,
 4806  and the State Board of Education shall respectively adopt
 4807  regulations and rules to administer this subsection.
 4808         (14)
 4809         (d) The Board of Governors, the State Board of Colleges,
 4810  and the State Board of Education shall respectively adopt
 4811  regulations and rules to administer this subsection.
 4812         Section 81. Section 1009.28, Florida Statutes, is amended
 4813  to read:
 4814         1009.28 Fees for repeated enrollment in developmental
 4815  education classes.—A student enrolled in the same developmental
 4816  education class more than twice shall pay 100 percent of the
 4817  full cost of instruction to support continuous enrollment of
 4818  that student in the same class, and the student shall not be
 4819  included in calculations of full-time equivalent enrollments for
 4820  state funding purposes; however, students who withdraw or fail a
 4821  class due to extenuating circumstances may be granted an
 4822  exception only once for each class, provided approval is granted
 4823  according to policy established by the board of trustees. Each
 4824  Florida College System institution may review and reduce fees
 4825  paid by students due to continued enrollment in a developmental
 4826  education class on an individual basis contingent upon the
 4827  student’s financial hardship, pursuant to definitions and fee
 4828  levels established by the State Board of Colleges Education.
 4829         Section 82. Subsections (9) and (12) of section 1009.90,
 4830  Florida Statutes, are amended to read:
 4831         1009.90 Duties of the Department of Education.—The duties
 4832  of the department shall include:
 4833         (9) Development and submission of a report, annually, to
 4834  the State Board of Education, the Board of Governors, the State
 4835  Board of Colleges, the President of the Senate, and the Speaker
 4836  of the House of Representatives, which shall include, but not be
 4837  limited to, recommendations for the distribution of state
 4838  financial aid funds.
 4839         (12) Calculation of the amount of need-based student
 4840  financial aid required to offset fee increases recommended by
 4841  the State Board of Education, and the Board of Governors, and
 4842  the State Board of Colleges, and inclusion of such amount within
 4843  the legislative budget request for student assistance grant
 4844  programs.
 4845         Section 83. Subsection (4) of section 1009.91, Florida
 4846  Statutes, is amended to read:
 4847         1009.91 Assistance programs and activities of the
 4848  department.—
 4849         (4) The department shall maintain records on the student
 4850  loan default rate of each Florida postsecondary institution and
 4851  report that information annually to both the institution and the
 4852  State Board of Education. Information relating to state
 4853  universities shall also be reported annually to the Board of
 4854  Governors. Information relating to Florida College System
 4855  institutions shall be reported annually to the State Board of
 4856  Colleges.
 4857         Section 84. Subsection (2) of section 1009.971, Florida
 4858  Statutes, is amended to read:
 4859         1009.971 Florida Prepaid College Board.—
 4860         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 4861  shall consist of seven members to be composed of the Attorney
 4862  General, the Chief Financial Officer, the Chancellor of the
 4863  State University System, the Chancellor of the Florida College
 4864  System Division of Florida Colleges, and three members appointed
 4865  by the Governor and subject to confirmation by the Senate. Each
 4866  member appointed by the Governor shall possess knowledge, skill,
 4867  and experience in the areas of accounting, actuary, risk
 4868  management, or investment management. Each member of the board
 4869  not appointed by the Governor may name a designee to serve on
 4870  the board on behalf of the member; however, any designee so
 4871  named shall meet the qualifications required of gubernatorial
 4872  appointees to the board. Members appointed by the Governor shall
 4873  serve terms of 3 years. Any person appointed to fill a vacancy
 4874  on the board shall be appointed in a like manner and shall serve
 4875  for only the unexpired term. Any member shall be eligible for
 4876  reappointment and shall serve until a successor qualifies.
 4877  Members of the board shall serve without compensation but shall
 4878  be reimbursed for per diem and travel in accordance with s.
 4879  112.061. Each member of the board who is not otherwise required
 4880  to file a full and public disclosure of financial interests
 4881  pursuant to s. 8, Art. II of the State Constitution or s.
 4882  112.3144 shall file a statement of financial interests pursuant
 4883  to s. 112.3145.
 4884         Section 85. Section 1010.01, Florida Statutes, is amended
 4885  to read:
 4886         1010.01 Uniform records and accounts.—
 4887         (1)(a) The financial records and accounts of each school
 4888  district, Florida College System institution, and other
 4889  institution or agency under the supervision of the State Board
 4890  of Education shall be prepared and maintained as prescribed by
 4891  law and rules of the State Board of Education.
 4892         (b) The financial records and accounts of each state
 4893  university under the supervision of the Board of Governors shall
 4894  be prepared and maintained as prescribed by law and rules of the
 4895  Board of Governors.
 4896         (c) The financial records and accounts of each Florida
 4897  College System institution under the supervision of the State
 4898  Board of Colleges shall be prepared and maintained as prescribed
 4899  by law and by the rules of the State Board of Colleges.
 4900         (2) Rules of the State Board of Education, and rules of the
 4901  Board of Governors, and the State Board of Colleges shall
 4902  incorporate the requirements of law and accounting principles
 4903  generally accepted in the United States. Such rules shall
 4904  include a uniform classification of accounts.
 4905         (3) Each state university shall annually file with the
 4906  Board of Governors financial statements prepared in conformity
 4907  with accounting principles generally accepted by the United
 4908  States and the uniform classification of accounts prescribed by
 4909  the Board of Governors. The Board of Governors’ rules shall
 4910  prescribe the filing deadline for the financial statements.
 4911         (4) Required financial accounts and reports shall include
 4912  provisions that are unique to each of the following: K-12 school
 4913  districts, Florida College System institutions, and state
 4914  universities, and shall provide for the data to be reported to
 4915  the National Center of Educational Statistics and other
 4916  governmental and professional educational data information
 4917  services as appropriate.
 4918         (5) Each Florida College System institution shall annually
 4919  file with the State Board of Colleges financial statements
 4920  prepared in conformity with accounting principles generally
 4921  accepted by the United States and the uniform classification of
 4922  accounts prescribed by the State Board of Colleges. The State
 4923  Board of Colleges’ rules shall prescribe the filing deadline for
 4924  the financial statements.
 4925         Section 86. Subsection (1) of section 1010.02, Florida
 4926  Statutes, is amended, and subsection (3) is added to that
 4927  section, to read:
 4928         1010.02 Financial accounting and expenditures.—
 4929         (1) All funds accruing to a school district or a Florida
 4930  College System institution must be received, accounted for, and
 4931  expended in accordance with law and rules of the State Board of
 4932  Education.
 4933         (3) All funds accruing to a Florida College System
 4934  institution must be received, accounted for, and expended in
 4935  accordance with law and rules of the State Board of Colleges.
 4936         Section 87. Subsections (1) and (4) of section 1010.04,
 4937  Florida Statutes, are amended to read:
 4938         1010.04 Purchasing.—
 4939         (1)(a) Purchases and leases by school districts must and
 4940  Florida College System institutions shall comply with the
 4941  requirements of law and rules of the State Board of Education.
 4942         (b) Before purchasing nonacademic commodities and
 4943  contractual services, each district school board and Florida
 4944  College System institution board of trustees shall review the
 4945  purchasing agreements and state term contracts available under
 4946  s. 287.056 to determine whether it is in the school board’s or
 4947  the board of trustees’ economic advantage to use the agreements
 4948  and contracts. Each bid specification for nonacademic
 4949  commodities and contractual services must include a statement
 4950  indicating that the purchasing agreements and state term
 4951  contracts available under s. 287.056 have been reviewed. Each
 4952  district school board may also use the cooperative state
 4953  purchasing programs managed through the regional consortium
 4954  service organizations pursuant to their authority under s.
 4955  1001.451(3). This paragraph does not apply to services that are
 4956  eligible for reimbursement under the federal E-rate program
 4957  administered by the Universal Service Administrative Company.
 4958         (c) Purchases and leases by state universities must shall
 4959  comply with the requirements of law and regulations of the Board
 4960  of Governors.
 4961         (d) Purchases and leases by Florida College System
 4962  institutions must comply with the requirements of law and rules
 4963  of the State Board of Colleges.
 4964         (4)(a) The State Board of Education may, by rule, provide
 4965  for alternative procedures for school districts and Florida
 4966  College System institutions for bidding or purchasing in cases
 4967  in which the character of the item requested renders competitive
 4968  bidding impractical.
 4969         (b) The Board of Governors may, by regulation, provide for
 4970  alternative procedures for state universities for bidding or
 4971  purchasing in cases in which the character of the item requested
 4972  renders competitive bidding impractical.
 4973         (c) The State Board of Colleges may provide by rule for
 4974  alternative procedures for Florida College System institutions
 4975  for bidding or purchasing in cases in which the character of the
 4976  item requested renders competitive bidding impractical.
 4977         Section 88. Subsection (2) of section 1010.07, Florida
 4978  Statutes, is amended to read:
 4979         1010.07 Bonds or insurance required.—
 4980         (2)(a) Contractors paid from school district or Florida
 4981  College System institution funds shall give bond for the
 4982  faithful performance of their contracts in such amount and for
 4983  such purposes as prescribed by s. 255.05 or by rules of the
 4984  State Board of Education relating to the type of contract
 4985  involved. It shall be the duty of the district school board or
 4986  Florida College System institution board of trustees to require
 4987  from construction contractors a bond adequate to protect the
 4988  board and the board’s funds involved.
 4989         (b) Contractors paid from university funds shall give bond
 4990  for the faithful performance of their contracts in such amount
 4991  and for such purposes as prescribed by s. 255.05 or by
 4992  regulations of the Board of Governors relating to the type of
 4993  contract involved. It shall be the duty of the university board
 4994  of trustees to require from construction contractors a bond
 4995  adequate to protect the board and the board’s funds involved.
 4996         (c) Contractors paid from Florida College System
 4997  institution funds shall give bonds for the faithful performance
 4998  of their contracts in such amount and for such purposes as
 4999  prescribed by s. 255.05 or by rules of the State Board of
 5000  Colleges relating to the type of contract involved. It is the
 5001  duty of the Florida College System institution board of trustees
 5002  to require construction contractors to provide a bond adequate
 5003  to protect the board and the board’s funds involved.
 5004         Section 89. Section 1010.08, Florida Statutes, is amended
 5005  to read:
 5006         1010.08 Promotion and public relations; funding.—
 5007         (1) Each district school board and Florida College System
 5008  institution board of trustees may budget and use a portion of
 5009  the funds accruing to it from auxiliary enterprises and
 5010  undesignated gifts for promotion and public relations as
 5011  prescribed by rules of the State Board of Education. Such funds
 5012  may be used to provide hospitality to business guests in the
 5013  district or elsewhere. However, such hospitality expenses may
 5014  not exceed the amount authorized for such contingency funds as
 5015  prescribed by rules of the State Board of Education.
 5016         (2) Each Florida College System institution board of
 5017  trustees may budget and use a portion of the funds accruing to
 5018  it from auxiliary enterprises and undesignated gifts for
 5019  promotion and public relations as prescribed by rules of the
 5020  State Board of Colleges. Such funds may be used to provide
 5021  hospitality to business guests in the district or elsewhere.
 5022  However, such hospitality expenses may not exceed the amount
 5023  authorized for such contingency funds as prescribed by rules of
 5024  the State Board of Colleges.
 5025         Section 90. Subsection (1) of section 1010.09, Florida
 5026  Statutes, is amended, and subsection (3) is added to that
 5027  section, to read:
 5028         1010.09 Direct-support organizations.—
 5029         (1) School district and Florida College System institution
 5030  direct-support organizations shall be organized and conducted
 5031  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5032  the State Board of Education, as applicable.
 5033         (3) Florida College System institution direct-support
 5034  organizations shall be organized and conducted under s. 1004.70
 5035  and rules of the State Board of Colleges.
 5036         Section 91. Section 1010.22, Florida Statutes, is amended
 5037  to read:
 5038         1010.22 Cost accounting and reporting for workforce
 5039  education.—
 5040         (1)(a) Each school district and each Florida College System
 5041  institution shall account for expenditures of all state, local,
 5042  federal, and other funds in the manner prescribed by the State
 5043  Board of Education.
 5044         (b) Each Florida College System institution shall account
 5045  for expenditures of all state, local, federal, and other funds
 5046  in the manner prescribed by the State Board of Colleges.
 5047         (2)(a) Each school district and each Florida College System
 5048  institution shall report expenditures for workforce education in
 5049  accordance with requirements prescribed by the State Board of
 5050  Education.
 5051         (b) Each Florida College System institution shall report
 5052  expenditures for workforce education in accordance with
 5053  requirements prescribed by the State Board of Colleges.
 5054         (3) The Department of Education, in cooperation with school
 5055  districts and Florida College System institutions, shall develop
 5056  and maintain a database of valid comparable information on
 5057  workforce education which will meet both state and local needs.
 5058         Section 92. Subsection (1) of section 1010.30, Florida
 5059  Statutes, is amended to read:
 5060         1010.30 Audits required.—
 5061         (1) School districts, Florida College System institutions,
 5062  and other institutions and agencies under the supervision of the
 5063  State Board of Education, Florida College System institutions
 5064  under the supervision of the State Board of Colleges, and state
 5065  universities under the supervision of the Board of Governors are
 5066  subject to the audit provisions of ss. 11.45 and 218.39.
 5067         Section 93. Subsection (1) of section 1010.58, Florida
 5068  Statutes, is amended to read:
 5069         1010.58 Procedure for determining number of instruction
 5070  units for Florida College System institutions.—The number of
 5071  instruction units for Florida College System institutions shall
 5072  be determined from the full-time equivalent students in the
 5073  Florida College System institution, provided that full-time
 5074  equivalent students may not be counted more than once in
 5075  determining instruction units. Instruction units for Florida
 5076  College System institutions shall be computed as follows:
 5077         (1) One unit for each 12 full-time equivalent students at a
 5078  Florida College System institution for the first 420 students
 5079  and one unit for each 15 full-time equivalent students for all
 5080  over 420 students, in other than career education programs as
 5081  defined by rules of the State Board of Colleges Education, and
 5082  one unit for each 10 full-time equivalent students in career
 5083  education programs and compensatory education programs as
 5084  defined by rules of the State Board of Colleges Education. Full
 5085  time equivalent students enrolled in a Florida College System
 5086  institution shall be defined by rules of the State Board of
 5087  Colleges Education.
 5088         Section 94. Subsections (2), (3), and (4) of section
 5089  1011.01, Florida Statutes, are amended to read:
 5090         1011.01 Budget system established.—
 5091         (2)(a) There is shall be established in each school
 5092  district and Florida College System institution a budget system
 5093  as prescribed by law and rules of the State Board of Education.
 5094         (b) There is shall be established in each state university
 5095  a budget system as prescribed by law and rules of the Board of
 5096  Governors.
 5097         (c) There is established in each Florida College System
 5098  institution a budget system as prescribed by law and rules of
 5099  the State Board of Colleges.
 5100         (3)(a) Each district school board and each Florida College
 5101  System institution board of trustees shall prepare, adopt, and
 5102  submit to the Commissioner of Education an annual operating
 5103  budget. Operating budgets must shall be prepared and submitted
 5104  in accordance with the provisions of law, rules of the State
 5105  Board of Education, the General Appropriations Act, and for
 5106  district school boards in accordance with the provisions of ss.
 5107  200.065 and 1011.64.
 5108         (b) Each state university board of trustees shall prepare,
 5109  adopt, and submit to the Chancellor of the State University
 5110  System for review an annual operating budget in accordance with
 5111  provisions of law, rules of the Board of Governors, and the
 5112  General Appropriations Act.
 5113         (c) Each Florida College System institution board of
 5114  trustees shall prepare, adopt, and submit to the State Board of
 5115  Colleges an annual operating budget in accordance with
 5116  provisions of law, rules of the State Board of Colleges, and the
 5117  General Appropriations Act.
 5118         (4) The State Board of Education shall coordinate with the
 5119  Board of Governors and the State Board of Colleges to facilitate
 5120  the budget system requirements of this section. The State Board
 5121  of Colleges exclusively retains the review and approval powers
 5122  of this section for Florida College System institutions. The
 5123  Board of Governors exclusively retains the review and approval
 5124  powers of this section for state universities.
 5125         Section 95. Section 1011.011, Florida Statutes, is amended
 5126  to read:
 5127         1011.011 Legislative capital outlay budget request.—The
 5128  State Board of Education shall submit an integrated,
 5129  comprehensive budget request for educational facilities
 5130  construction and fixed capital outlay needs for school
 5131  districts, and, in conjunction with the State Board of Colleges
 5132  for Florida College System institutions, and, in conjunction
 5133  with the Board of Governors for state, universities, pursuant to
 5134  this section and s. 1013.46 and applicable provisions of chapter
 5135  216.
 5136         Section 96. Section 1011.30, Florida Statutes, is amended
 5137  to read:
 5138         1011.30 Budgets for Florida College System institutions.
 5139  Each Florida College System institution president shall
 5140  recommend to the Florida College System institution board of
 5141  trustees a budget of income and expenditures at such time and in
 5142  such form as the State Board of Colleges Education may
 5143  prescribe. Upon approval of a budget by the Florida College
 5144  System institution board of trustees, such budget must shall be
 5145  transmitted to the State Board of Colleges Department of
 5146  Education for review. Rules of the State Board of Colleges must
 5147  Education shall prescribe procedures for effecting budget
 5148  amendments subsequent to the final approval of a budget for a
 5149  given year.
 5150         Section 97. Subsections (8), (9), and (12) of section
 5151  1011.32, Florida Statutes, are amended to read:
 5152         1011.32 Florida College System Institution Facility
 5153  Enhancement Challenge Grant Program.—
 5154         (8) By October 15 of each year, the State Board of Colleges
 5155  Education shall transmit to the Governor and the Legislature a
 5156  list of projects that meet all eligibility requirements to
 5157  participate in the Florida College System Institution Facility
 5158  Enhancement Challenge Grant Program and a budget request that
 5159  includes the recommended schedule necessary to complete each
 5160  project.
 5161         (9) In order for a project to be eligible under this
 5162  program, it must be survey recommended under the provisions of
 5163  s. 1013.31 and included in the Florida College System
 5164  institution’s 5-year capital improvement plan, and it must
 5165  receive approval from the State Board of Colleges Education or
 5166  the Legislature.
 5167         (12) The surveys, architectural plans, facility, and
 5168  equipment shall be the property of the participating Florida
 5169  College System institution. A facility constructed under this
 5170  section may be named in honor of a donor at the option of the
 5171  Florida College System institution district board of trustees. A
 5172  facility may not be named after a living person without prior
 5173  approval by the State Board of Colleges Education.
 5174         Section 98. Subsection (2), paragraph (b) of subsection
 5175  (5), and subsections (8), (9), and (11) of section 1011.80,
 5176  Florida Statutes, are amended to read:
 5177         1011.80 Funds for operation of workforce education
 5178  programs.—
 5179         (2) Any workforce education program may be conducted by a
 5180  Florida College System institution or a school district, except
 5181  that college credit in an associate in applied science or an
 5182  associate in science degree may be awarded only by a Florida
 5183  College System institution. However, if an associate in applied
 5184  science or an associate in science degree program contains
 5185  within it an occupational completion point that confers a
 5186  certificate or an applied technology diploma, that portion of
 5187  the program may be conducted by a school district career center.
 5188  Any instruction designed to articulate to a degree program is
 5189  subject to guidelines and standards adopted by the State Board
 5190  of Colleges Education pursuant to s. 1007.25.
 5191         (5) State funding and student fees for workforce education
 5192  instruction shall be established as follows:
 5193         (b) For all other workforce education programs, state
 5194  funding shall equal 75 percent of the average cost of
 5195  instruction with the remaining 25 percent made up from student
 5196  fees. Fees for courses within a program shall not vary according
 5197  to the cost of the individual program, but instead shall be
 5198  based on a uniform fee calculated and set at the state level, as
 5199  adopted by the State Board of Education, for school districts,
 5200  and the State Board of Colleges, for Florida College System
 5201  institutions, unless otherwise specified in the General
 5202  Appropriations Act.
 5203         (8) The State Board of Education, the State Board of
 5204  Colleges, and CareerSource Florida, Inc., shall provide the
 5205  Legislature with recommended formulas, criteria, timeframes, and
 5206  mechanisms for distributing performance funds. The commissioner
 5207  shall consolidate the recommendations and develop a consensus
 5208  proposal for funding. The Legislature shall adopt a formula and
 5209  distribute the performance funds to the State Board of Colleges
 5210  Education for Florida College System institutions and to the
 5211  State Board of Education for school districts through the
 5212  General Appropriations Act. These recommendations shall be based
 5213  on formulas that would discourage low-performing or low-demand
 5214  programs and encourage through performance-funding awards:
 5215         (a) Programs that prepare people to enter high-wage
 5216  occupations identified by the Workforce Estimating Conference
 5217  created by s. 216.136 and other programs as approved by
 5218  CareerSource Florida, Inc. At a minimum, performance incentives
 5219  shall be calculated for adults who reach completion points or
 5220  complete programs that lead to specified high-wage employment
 5221  and to their placement in that employment.
 5222         (b) Programs that successfully prepare adults who are
 5223  eligible for public assistance, economically disadvantaged,
 5224  disabled, not proficient in English, or dislocated workers for
 5225  high-wage occupations. At a minimum, performance incentives
 5226  shall be calculated at an enhanced value for the completion of
 5227  adults identified in this paragraph and job placement of such
 5228  adults upon completion. In addition, adjustments may be made in
 5229  payments for job placements for areas of high unemployment.
 5230         (c) Programs that are specifically designed to be
 5231  consistent with the workforce needs of private enterprise and
 5232  regional economic development strategies, as defined in
 5233  guidelines set by CareerSource Florida, Inc. CareerSource
 5234  Florida, Inc., shall develop guidelines to identify such needs
 5235  and strategies based on localized research of private employers
 5236  and economic development practitioners.
 5237         (d) Programs identified by CareerSource Florida, Inc., as
 5238  increasing the effectiveness and cost efficiency of education.
 5239         (9) School districts shall report full-time equivalent
 5240  students by discipline category for the programs specified in
 5241  subsection (1). There shall be an annual cost analysis for the
 5242  school district workforce education programs that reports cost
 5243  by discipline category consistent with the reporting for full
 5244  time equivalent students. The annual financial reports submitted
 5245  by the school districts must accurately report on the student
 5246  fee revenues by fee type according to the programs specified in
 5247  subsection (1). The Department of Education and the State Board
 5248  of Colleges shall develop a plan for comparable reporting of
 5249  program, student, facility, personnel, and financial data
 5250  between the Florida College System institutions and the school
 5251  district workforce education programs.
 5252         (11) The State Board of Education and the State Board of
 5253  Colleges may adopt rules to administer this section.
 5254         Section 99. Subsections (2) and (3) of section 1011.801,
 5255  Florida Statutes, are amended to read:
 5256         1011.801 Workforce Development Capitalization Incentive
 5257  Grant Program.—The Legislature recognizes that the need for
 5258  school districts and Florida College System institutions to be
 5259  able to respond to emerging local or statewide economic
 5260  development needs is critical to the workforce development
 5261  system. The Workforce Development Capitalization Incentive Grant
 5262  Program is created to provide grants to school districts and
 5263  Florida College System institutions on a competitive basis to
 5264  fund some or all of the costs associated with the creation or
 5265  expansion of workforce development programs that serve specific
 5266  employment workforce needs.
 5267         (2) The State Board of Education shall accept applications
 5268  from school districts, and the State Board of Colleges shall
 5269  accept applications from or Florida College System institutions,
 5270  for workforce development capitalization incentive grants.
 5271  Applications from school districts or Florida College System
 5272  institutions must shall contain projected enrollments and
 5273  projected costs for the new or expanded workforce development
 5274  program. The State Board of Education or the State Board of
 5275  Colleges, as appropriate, in consultation with CareerSource
 5276  Florida, Inc., shall review and rank each application for a
 5277  grant according to subsection (3) and shall submit to the
 5278  Legislature a list in priority order of applications recommended
 5279  for a grant award.
 5280         (3) The State Board of Education or the State Board of
 5281  Colleges, as appropriate, shall give highest priority to
 5282  programs that train people to enter high-skill, high-wage
 5283  occupations identified by the Workforce Estimating Conference
 5284  and other programs approved by CareerSource Florida, Inc.;
 5285  programs that train people to enter occupations under the
 5286  welfare transition program; or programs that train for the
 5287  workforce adults who are eligible for public assistance,
 5288  economically disadvantaged, disabled, not proficient in English,
 5289  or dislocated workers. The State Board of Education or the State
 5290  Board of Colleges, as appropriate, shall consider the statewide
 5291  geographic dispersion of grant funds in ranking the applications
 5292  and shall give priority to applications from education agencies
 5293  that are making maximum use of their workforce development
 5294  funding by offering high-performing, high-demand programs.
 5295         Section 100. Subsection (2) of section 1011.81, Florida
 5296  Statutes, is amended to read:
 5297         1011.81 Florida College System Program Fund.—
 5298         (2) Performance funding for industry certifications for
 5299  Florida College System institutions is contingent upon specific
 5300  appropriation in the General Appropriations Act and shall be
 5301  determined as follows:
 5302         (a) Occupational areas for which industry certifications
 5303  may be earned, as established in the General Appropriations Act,
 5304  are eligible for performance funding. Priority shall be given to
 5305  the occupational areas emphasized in state, national, or
 5306  corporate grants provided to Florida educational institutions.
 5307         (b) The Chancellor of the Florida College System, for the
 5308  Florida College System institutions, shall identify the industry
 5309  certifications eligible for funding on the CAPE Postsecondary
 5310  Industry Certification Funding List approved by the State Board
 5311  of Colleges Education pursuant to s. 1008.44, based on the
 5312  occupational areas specified in the General Appropriations Act.
 5313         (c) Each Florida College System institution shall be
 5314  provided $1,000 for each industry certification earned by a
 5315  student. The maximum amount of funding appropriated for
 5316  performance funding pursuant to this subsection shall be limited
 5317  to $15 million annually. If funds are insufficient to fully fund
 5318  the calculated total award, such funds shall be prorated.
 5319         Section 101. Subsection (1) of section 1011.82, Florida
 5320  Statutes, is amended to read:
 5321         1011.82 Requirements for participation in Florida College
 5322  System Program Fund.—Each Florida College System institution
 5323  district which participates in the state appropriations for the
 5324  Florida College System Program Fund shall provide evidence of
 5325  its effort to maintain an adequate Florida College System
 5326  institution program which shall:
 5327         (1) Meet the minimum standards prescribed by the State
 5328  Board of Colleges Education in accordance with s. 1001.602(5) s.
 5329  1001.02(6).
 5330         Section 102. Section 1011.83, Florida Statutes, is amended
 5331  to read:
 5332         1011.83 Financial support of Florida College System
 5333  institutions.—
 5334         (1) Each Florida College System institution that has been
 5335  approved by the Department of Education and meets the
 5336  requirements of law and rules of the State Board of Colleges
 5337  Education shall participate in the Florida College System
 5338  Program Fund. However, funds to support workforce education
 5339  programs conducted by Florida College System institutions shall
 5340  be provided pursuant to s. 1011.80.
 5341         (2) A student in a baccalaureate degree program approved
 5342  pursuant to s. 1007.33 who is not classified as a resident for
 5343  tuition purposes pursuant to s. 1009.21 may not be included in
 5344  calculations of full-time equivalent enrollments for state
 5345  funding purposes.
 5346         Section 103. Section 1011.84, Florida Statutes, is amended
 5347  to read:
 5348         1011.84 Procedure for determining state financial support
 5349  and annual apportionment of state funds to each Florida College
 5350  System institution district.—The procedure for determining state
 5351  financial support and the annual apportionment to each Florida
 5352  College System institution district authorized to operate a
 5353  Florida College System institution under the provisions of s.
 5354  1001.61 shall be as follows:
 5355         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 5356  COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
 5357         (a) The State Board of Colleges Department of Education
 5358  shall determine annually, from an analysis of operating costs,
 5359  prepared in the manner prescribed by rules of the State Board of
 5360  Education, the costs per full-time equivalent student served in
 5361  courses and fields of study offered in Florida College System
 5362  institutions. This information and current college operating
 5363  budgets shall be submitted to the Executive Office of the
 5364  Governor with the legislative budget request prior to each
 5365  regular session of the Legislature.
 5366         (b) The allocation of funds for Florida College System
 5367  institutions must shall be based on advanced and professional
 5368  disciplines, developmental education, and other programs for
 5369  adults funded pursuant to s. 1011.80.
 5370         (c) The category of lifelong learning is for students
 5371  enrolled pursuant to s. 1004.93. A student shall also be
 5372  reported as a lifelong learning student for his or her
 5373  enrollment in any course that he or she has previously taken,
 5374  unless it is a credit course in which the student earned a grade
 5375  of D or F.
 5376         (d) If an adult student has been determined to be a
 5377  disabled student eligible for an approved educational program
 5378  for disabled adults provided pursuant to s. 1004.93 and rules of
 5379  the State Board of Colleges Education and is enrolled in a class
 5380  with curriculum frameworks developed for the program, state
 5381  funding for that student shall be provided at a level double
 5382  that of a student enrolled in a special adult general education
 5383  program provided by a Florida College System institution.
 5384         (e) All state inmate education provided by Florida College
 5385  System institutions shall be reported by program, FTE
 5386  expenditure, and revenue source. These enrollments,
 5387  expenditures, and revenues shall be reported and projected
 5388  separately. Instruction of state inmates may shall not be
 5389  included in the full-time equivalent student enrollment for
 5390  funding through the Florida College System Program Fund.
 5391         (f) When a public educational institution has been fully
 5392  funded by an external agency for direct instructional costs of
 5393  any course or program, the FTE generated may shall not be
 5394  reported for state funding.
 5395         (g) The State Board of Education shall adopt rules to
 5396  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 5397  These rules shall provide for the use of the funds available
 5398  under s. 9(d)(8)f., Art. XII by an individual Florida College
 5399  System institution for operating expense in any fiscal year
 5400  during which the State Board of Education has determined that
 5401  all major capital outlay needs have been met. Highest priority
 5402  for the use of these funds for purposes other than financing
 5403  approved capital outlay projects shall be for the proper
 5404  maintenance and repair of existing facilities for projects
 5405  approved by the State Board of Education. However, in any fiscal
 5406  year in which funds from this source are authorized for
 5407  operating expense other than approved maintenance and repair
 5408  projects, the allocation of Florida College System institution
 5409  program funds shall be reduced by an amount equal to the sum
 5410  used for such operating expense for that Florida College System
 5411  institution that year, and that amount shall not be released or
 5412  allocated among the other Florida College System institutions
 5413  that year.
 5414         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 5415  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 5416  and debt service shall be as determined and provided in s. 18,
 5417  Art. XII of the State Constitution of 1885, as adopted by s.
 5418  9(d), Art. XII of the 1968 revised State Constitution and State
 5419  Board of Education rules.
 5420         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 5421         (a) By December 15 of each year, the State Board of
 5422  Colleges Department of Education shall estimate the annual
 5423  enrollment of each Florida College System institution for the
 5424  current fiscal year and for the 3 subsequent fiscal years. These
 5425  estimates shall be based upon prior years’ enrollments, upon the
 5426  initial fall term enrollments for the current fiscal year for
 5427  each college, and upon each college’s estimated current
 5428  enrollment and demographic changes in the respective Florida
 5429  College System institution districts. Upper-division enrollment
 5430  shall be estimated separately from lower-division enrollment.
 5431         (b) The apportionment to each Florida College System
 5432  institution from the Florida College System Program Fund shall
 5433  be determined annually in the General Appropriations Act. In
 5434  determining each college’s apportionment, the Legislature shall
 5435  consider the following components:
 5436         1. Base budget, which includes the state appropriation to
 5437  the Florida College System Program Fund in the current year plus
 5438  the related student tuition and out-of-state fees assigned in
 5439  the current General Appropriations Act.
 5440         2. The cost-to-continue allocation, which consists of
 5441  incremental changes to the base budget, including salaries,
 5442  price levels, and other related costs allocated through a
 5443  funding model approved by the Legislature which may recognize
 5444  differing economic factors arising from the individual
 5445  educational approaches of the various Florida College System
 5446  institutions, including, but not limited to:
 5447         a. Direct Instructional Funding, including class size,
 5448  faculty productivity factors, average faculty salary, ratio of
 5449  full-time to part-time faculty, costs of programs, and
 5450  enrollment factors.
 5451         b. Academic Support, including small colleges factor,
 5452  multicampus factor, and enrollment factor.
 5453         c. Student Services Support, including headcount of
 5454  students as well as FTE count and enrollment factors.
 5455         d. Library Support, including volume and other
 5456  materials/audiovisual requirements.
 5457         e. Special Projects.
 5458         f. Operations and Maintenance of Plant, including square
 5459  footage and utilization factors.
 5460         g. District Cost Differential.
 5461         3. Students enrolled in a recreation and leisure program
 5462  and students enrolled in a lifelong learning program who may not
 5463  be counted as full-time equivalent enrollments for purposes of
 5464  enrollment workload adjustments.
 5465         4. Operating costs of new facilities adjustments, which
 5466  shall be provided, from funds available, for each new facility
 5467  that is owned by the college and is recommended in accordance
 5468  with s. 1013.31.
 5469         5. New and improved program enhancements, which shall be
 5470  determined by the Legislature.
 5471  
 5472  Student fees in the base budget plus student fee revenues
 5473  generated by increases in fee rates shall be deducted from the
 5474  sum of the components determined in subparagraphs 1.-5. The
 5475  amount remaining shall be the net annual state apportionment to
 5476  each college.
 5477         (c) A No Florida College System institution may not shall
 5478  commit funds for the employment of personnel or resources in
 5479  excess of those required to continue the same level of support
 5480  for either the previously approved enrollment or the revised
 5481  enrollment, whichever is lower.
 5482         (d) The apportionment to each Florida College System
 5483  institution district for capital outlay and debt service shall
 5484  be the amount determined in accordance with subsection (2). This
 5485  amount, less any amount determined as necessary for
 5486  administrative expense by the State Board of Education and any
 5487  amount necessary for debt service on bonds issued by the State
 5488  Board of Education, shall be transmitted to the Florida College
 5489  System institution board of trustees to be expended in a manner
 5490  prescribed by rules of the State Board of Education.
 5491         (e) If at any time the unencumbered balance in the general
 5492  fund of the Florida College System institution board of trustees
 5493  approved operating budget goes below 5 percent, the president
 5494  shall provide written notification to the State Board of
 5495  Education.
 5496         (f) Expenditures for apprenticeship programs must shall be
 5497  reported separately.
 5498         (g) Expenditures for upper-division enrollment in a Florida
 5499  College System institution that grants baccalaureate degrees
 5500  must shall be reported separately from expenditures for lower
 5501  division enrollment, in accordance with law and State Board of
 5502  Education rule.
 5503         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 5504  herein to any Florida College System institution must shall be
 5505  expended only for the purpose of supporting that Florida College
 5506  System institution.
 5507         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida College
 5508  System institution board of trustees shall report, as a separate
 5509  item in its annual cost accounting system, the volume and cost
 5510  of developmental education options provided to help students
 5511  attain the communication and computation skills that are
 5512  essential for college-level work pursuant to s. 1008.30.
 5513         Section 104. Subsections (1), (3), (4), (6), (7), (8),
 5514  (10), and (11) of section 1011.85, Florida Statutes, are amended
 5515  to read:
 5516         1011.85 Dr. Philip Benjamin Matching Grant Program for
 5517  Florida College System Institutions.—
 5518         (1) There is created the Dr. Philip Benjamin Matching Grant
 5519  Program for Florida College System Institutions as a single
 5520  matching gifts program that encompasses the goals originally set
 5521  out in the Academic Improvement Program, the Scholarship
 5522  Matching Program, and the Health Care Education Quality
 5523  Enhancement Challenge Grant. The program shall be administered
 5524  according to rules of the State Board of Colleges Education and
 5525  used to encourage private support in enhancing Florida College
 5526  System institutions by providing the Florida College System with
 5527  the opportunity to receive and match challenge grants. Funds
 5528  received prior to the effective date of this act for each of the
 5529  three programs shall be retained in the separate account for
 5530  which it was designated.
 5531         (3) Upon approval by the Florida College System institution
 5532  board of trustees and the State Board of Colleges Education, the
 5533  ordering of donations for priority listing of unmatched gifts
 5534  should be determined by the submitting Florida College System
 5535  institution.
 5536         (4) Each year, eligible contributions received by a Florida
 5537  College System institution’s foundation or the State Board of
 5538  Colleges Education by February 1 shall be eligible for state
 5539  matching funds.
 5540         (a) Each Florida College System institution board of
 5541  trustees and, when applicable, the Florida College System
 5542  Institution Foundation Board, receiving state appropriations
 5543  under this program shall also certify in an annual report to the
 5544  State Board of Colleges Education the receipt of eligible cash
 5545  contributions that were previously unmatched by the state. The
 5546  State Board of Education shall adopt rules providing all Florida
 5547  College System institutions with an opportunity to apply for
 5548  excess funds before the awarding of such funds.
 5549         (b) Florida College System institutions must submit to the
 5550  State Board of Colleges Education an annual expenditure report
 5551  tracking the use of all matching funds.
 5552         (c) The audit of each foundation receiving state funds from
 5553  this program must include a certification of accuracy in the
 5554  amount reported for matching funds.
 5555         (6) Otherwise, funds must shall be proportionately
 5556  allocated to the Florida College System institutions on the
 5557  basis of matching each $6 of local or private funds with $4 of
 5558  state funds. To be eligible, a minimum of $4,500 must be raised
 5559  from private sources.
 5560         (7) The Florida College System institution board of
 5561  trustees, in conjunction with the donor, shall determine make
 5562  the determination of whether scholarships established pursuant
 5563  to this program are endowed.
 5564         (8)(a) Funds sufficient to provide the match shall be
 5565  transferred from the state appropriations to the local Florida
 5566  College System institution foundation or the statewide Florida
 5567  College System institution foundation upon notification that a
 5568  proportionate amount has been received and deposited by a
 5569  Florida College System institution in its own trust fund.
 5570         (b) If state funds appropriated for the program are
 5571  insufficient to match contributions, the amount allocated must
 5572  shall be reduced in proportion to its share of the total
 5573  eligible contributions. However, in making proportional
 5574  reductions, every Florida College System institution shall
 5575  receive a minimum of $75,000 in state matching funds if its
 5576  eligible contributions would have generated an amount at least
 5577  equal to $75,000. All unmet contributions must shall be eligible
 5578  for state matching funds in subsequent fiscal years.
 5579         (10) The State Board of Colleges Education may receive
 5580  submissions of requests for matching funds and documentation
 5581  relating to those requests, may approve requests for matching
 5582  funds, and may allocate such funds to the Florida College System
 5583  institutions.
 5584         (11) The board of trustees of the Florida College System
 5585  institution and the State Board of Colleges Education are
 5586  responsible for determining the uses for the proceeds of their
 5587  respective trust funds. Such use of the proceeds shall include,
 5588  but not be limited to, expenditure of the funds for:
 5589         (a) Scientific and technical equipment.
 5590         (b) Scholarships, loans, or need-based grants.
 5591         (c) Other activities that will benefit future students as
 5592  well as students currently enrolled at the Florida College
 5593  System institution, will improve the quality of education at the
 5594  Florida College System institution, or will enhance economic
 5595  development in the community.
 5596         Section 105. Subsection (1) of section 1012.01, Florida
 5597  Statutes, is amended to read:
 5598         1012.01 Definitions.—As used in this chapter, the following
 5599  terms have the following meanings:
 5600         (1) SCHOOL OFFICERS.—The officers of the state system of
 5601  public K-12 and Florida College System institution education
 5602  shall be the Commissioner of Education and the members of the
 5603  State Board of Education; for the Florida College System, the
 5604  officers shall be the Chancellor of the Florida College System
 5605  and the members of the State Board of Colleges; for each
 5606  district school system, the officers shall be the district
 5607  school superintendent and members of the district school board;
 5608  and for each Florida College System institution, the officers
 5609  shall be the Florida College System institution president and
 5610  members of the Florida College System institution board of
 5611  trustees.
 5612         Section 106. Paragraph (a) of subsection (1) of section
 5613  1012.80, Florida Statutes, is amended to read:
 5614         1012.80 Participation by employees in disruptive activities
 5615  at public postsecondary educational institutions; penalties.—
 5616         (1)(a) Any person who accepts the privilege extended by the
 5617  laws of this state of employment at any Florida College System
 5618  institution shall, by working at such institution, be deemed to
 5619  have given his or her consent to the policies of that
 5620  institution, the policies of the State Board of Colleges
 5621  Education, and the laws of this state. Such policies shall
 5622  include prohibition against disruptive activities at Florida
 5623  College System institutions.
 5624         Section 107. Subsection (1) of section 1012.81, Florida
 5625  Statutes, is amended to read:
 5626         1012.81 Personnel records.—
 5627         (1) The State Board of Colleges Education shall adopt rules
 5628  prescribing the content and custody of limited-access records
 5629  that a Florida College System institution may maintain on its
 5630  employees. Limited-access employee records are confidential and
 5631  exempt from the provisions of s. 119.07(1). Limited-access
 5632  records include only the following:
 5633         (a) Records containing information reflecting academic
 5634  evaluations of employee performance; however, the employee and
 5635  officials of the institution responsible for supervision of the
 5636  employee shall have access to such records.
 5637         (b) Records maintained for the purposes of any
 5638  investigation of employee misconduct, including, but not limited
 5639  to, a complaint against an employee and all information obtained
 5640  pursuant to the investigation of such complaint; however, these
 5641  records become public after the investigation ceases to be
 5642  active or when the institution provides written notice to the
 5643  employee who is the subject of the complaint that the
 5644  institution has either:
 5645         1. Concluded the investigation with a finding not to
 5646  proceed with disciplinary action;
 5647         2. Concluded the investigation with a finding to proceed
 5648  with disciplinary action; or
 5649         3. Issued a letter of discipline.
 5650  
 5651  For the purpose of this paragraph, an investigation shall be
 5652  considered active as long as it is continuing with a reasonable,
 5653  good faith anticipation that a finding will be made in the
 5654  foreseeable future. An investigation shall be presumed to be
 5655  inactive if no finding is made within 90 days after the
 5656  complaint is filed.
 5657         (c) Records maintained for the purposes of any disciplinary
 5658  proceeding brought against an employee; however, these records
 5659  shall be open to inspection by the employee and shall become
 5660  public after a final decision is made in the proceeding.
 5661         (d) Records maintained for the purposes of any grievance
 5662  proceeding brought by an employee for enforcement of a
 5663  collective bargaining agreement or contract; however, these
 5664  records shall be open to inspection by the employee and by
 5665  officials of the institution conducting the grievance proceeding
 5666  and shall become public after a final decision is made in the
 5667  proceeding.
 5668         Section 108. Subsection (1) of section 1012.83, Florida
 5669  Statutes, is amended to read:
 5670         1012.83 Contracts with administrative and instructional
 5671  staff.—
 5672         (1) Each person employed in an administrative or
 5673  instructional capacity in a Florida College System institution
 5674  shall be entitled to a contract as provided by rules of the
 5675  State Board of Colleges Education.
 5676         Section 109. Paragraph (a) of subsection (1) of section
 5677  1012.855, Florida Statutes, is amended to read:
 5678         1012.855 Employment of Florida College System institution
 5679  personnel; discrimination in granting salary prohibited.—
 5680         (1)(a) Employment of all personnel in each Florida College
 5681  System institution shall be upon recommendation of the
 5682  president, subject to rejection for cause by the Florida College
 5683  System institution board of trustees; to the rules of the State
 5684  Board of Colleges Education relative to certification, tenure,
 5685  leaves of absence of all types, including sabbaticals,
 5686  remuneration, and such other conditions of employment as the
 5687  State Board of Colleges Education deems necessary and proper;
 5688  and to policies of the Florida College System institution board
 5689  of trustees not inconsistent with law.
 5690         Section 110. Subsection (1), paragraph (a) of subsection
 5691  (2), paragraph (b) of subsection (3), and subsections (4), (5),
 5692  and (6) of section 1012.86, Florida Statutes, are amended to
 5693  read:
 5694         1012.86 Florida College System institution employment
 5695  equity accountability program.—
 5696         (1) Each Florida College System institution shall include
 5697  in its annual equity update a plan for increasing the
 5698  representation of women and minorities in senior-level
 5699  administrative positions and in full-time faculty positions, and
 5700  for increasing the representation of women and minorities who
 5701  have attained continuing-contract status. Positions shall be
 5702  defined in the personnel data element directory of the
 5703  Department of Education. The plan must include specific
 5704  measurable goals and objectives, specific strategies and
 5705  timelines for accomplishing these goals and objectives, and
 5706  comparable national standards as provided by the Department of
 5707  Education. The goals and objectives shall be based on meeting or
 5708  exceeding comparable national standards and shall be reviewed
 5709  and recommended by the State Board of Colleges Education as
 5710  appropriate. Such plans shall be maintained until appropriate
 5711  representation has been achieved and maintained for at least 3
 5712  consecutive reporting years.
 5713         (2)(a) On or before May 1 of each year, each Florida
 5714  College System institution president shall submit an annual
 5715  employment accountability plan to the Chancellor of the Florida
 5716  College System and the State Board of Colleges Commissioner of
 5717  Education and the State Board of Education. The accountability
 5718  plan must show faculty and administrator employment data
 5719  according to requirements specified on the federal Equal
 5720  Employment Opportunity (EE0-6) report.
 5721         (3) Florida College System institution presidents and the
 5722  heads of each major administrative division shall be evaluated
 5723  annually on the progress made toward meeting the goals and
 5724  objectives of the Florida College System institution’s
 5725  employment accountability plan.
 5726         (b) Florida College System institution boards of trustees
 5727  shall annually evaluate the performance of the Florida College
 5728  System institution presidents in achieving the annual and long
 5729  term goals and objectives. A summary of the results of such
 5730  evaluations shall be reported to the State Board of Colleges
 5731  Commissioner of Education and the State Board of Education as
 5732  part of the Florida College System institution’s annual
 5733  employment accountability plan, and to the Legislature as part
 5734  of the annual equity progress report submitted by the State
 5735  Board of Colleges Education.
 5736         (4) The State Board of Colleges Education shall submit an
 5737  annual equity progress report to the President of the Senate and
 5738  the Speaker of the House of Representatives on or before January
 5739  1 of each year.
 5740         (5) Each Florida College System institution shall develop a
 5741  budgetary incentive plan to support and ensure attainment of the
 5742  goals developed pursuant to this section. The plan shall
 5743  specify, at a minimum, how resources shall be allocated to
 5744  support the achievement of goals and the implementation of
 5745  strategies in a timely manner. After prior review and approval
 5746  by the Florida College System institution president and the
 5747  Florida College System institution board of trustees, the plan
 5748  shall be submitted as part of the annual employment
 5749  accountability plan submitted by each Florida College System
 5750  institution to the State Board of Colleges Education.
 5751         (6) Subject to available funding, the Legislature shall
 5752  provide an annual appropriation to the State Board of Colleges
 5753  Education to be allocated to Florida College System institution
 5754  presidents, faculty, and administrative personnel to further
 5755  enhance equity initiatives and related priorities that support
 5756  the mission of colleges and departments in recognition of the
 5757  attainment of the equity goals and objectives.
 5758         Section 111. Subsection (3) of section 1013.01, Florida
 5759  Statutes, is amended to read:
 5760         1013.01 Definitions.—The following terms shall be defined
 5761  as follows for the purpose of this chapter:
 5762         (3) “Board,” unless otherwise specified, means a district
 5763  school board, a Florida College System institution board of
 5764  trustees, a university board of trustees, and the Board of
 5765  Trustees for the Florida School for the Deaf and the Blind. The
 5766  term “board” does not include the State Board of Education, or
 5767  the Board of Governors, or the State Board of Colleges.
 5768         Section 112. Subsection (2) of section 1013.02, Florida
 5769  Statutes, is amended to read:
 5770         1013.02 Purpose; rules and regulations.—
 5771         (2)(a) The State Board of Education shall adopt rules
 5772  pursuant to ss. 120.536(1) and 120.54 to implement the
 5773  provisions of this chapter for school districts and Florida
 5774  College System institutions.
 5775         (b) The Board of Governors shall adopt regulations pursuant
 5776  to its regulation development procedure to implement the
 5777  provisions of this chapter for state universities.
 5778         (c) The State Board of Colleges shall adopt rules pursuant
 5779  to ss. 120.536(1) and 120.54 to implement this chapter for
 5780  Florida College System institutions.
 5781         Section 113. Section 1013.03, Florida Statutes, is amended
 5782  to read:
 5783         1013.03 Functions of the department, the State Board of
 5784  Colleges, and the Board of Governors.—The functions of the
 5785  Department of Education as it pertains to educational facilities
 5786  of school districts, of the State Board of Colleges as it
 5787  pertains to educational facilities of and Florida College System
 5788  institutions, and of the Board of Governors as it pertains to
 5789  educational facilities of state universities shall include, but
 5790  not be limited to, the following:
 5791         (1) Establish recommended minimum and maximum square
 5792  footage standards for different functions and areas and
 5793  procedures for determining the gross square footage for each
 5794  educational facility to be funded in whole or in part by the
 5795  state, including public broadcasting stations but excluding
 5796  postsecondary special purpose laboratory space. The gross square
 5797  footage determination standards may be exceeded when the core
 5798  facility space of an educational facility is constructed or
 5799  renovated to accommodate the future addition of classrooms to
 5800  meet projected increases in student enrollment. The department,
 5801  the State Board of Colleges, and the Board of Governors shall
 5802  encourage multiple use of facilities and spaces in educational
 5803  plants.
 5804         (2) Establish, for the purpose of determining need,
 5805  equitably uniform utilization standards for all types of like
 5806  space, regardless of the level of education. These standards
 5807  shall also establish, for postsecondary education classrooms, a
 5808  minimum room utilization rate of 40 hours per week and a minimum
 5809  station utilization rate of 60 percent. These rates shall be
 5810  subject to increase based on national norms for utilization of
 5811  postsecondary education classrooms.
 5812         (3) Require boards to submit other educational plant
 5813  inventories data and statistical data or information relevant to
 5814  construction, capital improvements, and related costs.
 5815         (4) Require each board and other appropriate agencies to
 5816  submit complete and accurate financial data as to the amounts of
 5817  funds from all sources that are available and spent for
 5818  construction and capital improvements. The commissioner shall
 5819  prescribe the format and the date for the submission of this
 5820  data and any other educational facilities data. If any district
 5821  does not submit the required educational facilities fiscal data
 5822  by the prescribed date, the Commissioner of Education shall
 5823  notify the district school board of this fact and, if
 5824  appropriate action is not taken to immediately submit the
 5825  required report, the district school board shall be directed to
 5826  proceed pursuant to s. 1001.42(13)(b). If any Florida College
 5827  System institution or university does not submit the required
 5828  educational facilities fiscal data by the prescribed date, the
 5829  same policy prescribed in this subsection for school districts
 5830  shall be implemented.
 5831         (5) Administer, under the supervision of the Commissioner
 5832  of Education, the Public Education Capital Outlay and Debt
 5833  Service Trust Fund and the School District and Community College
 5834  District Capital Outlay and Debt Service Trust Fund.
 5835         (6) Develop, review, update, revise, and recommend a
 5836  mandatory portion of the Florida Building Code for educational
 5837  facilities construction and capital improvement by Florida
 5838  College System institution boards and district school boards.
 5839         (7) Provide training, technical assistance, and building
 5840  code interpretation for requirements of the mandatory Florida
 5841  Building Code for the educational facilities construction and
 5842  capital improvement programs of the Florida College System
 5843  institution boards and district school boards and, upon request,
 5844  approve phase III construction documents for remodeling,
 5845  renovation, or new construction of educational plants or
 5846  ancillary facilities, except that Florida College System
 5847  institutions and university boards of trustees shall approve
 5848  specifications and construction documents for their respective
 5849  institutions pursuant to guidelines of the Board of Governors or
 5850  State Board of Colleges, as applicable. The Department of
 5851  Management Services may, upon request, provide similar services
 5852  for the Florida School for the Deaf and the Blind and shall use
 5853  the Florida Building Code and the Florida Fire Prevention Code.
 5854         (8) Provide minimum criteria, procedures, and training to
 5855  boards to conduct educational plant surveys and document the
 5856  determination of future needs.
 5857         (9) Make available to boards technical assistance,
 5858  awareness training, and research and technical publications
 5859  relating to lifesafety, casualty, sanitation, environmental,
 5860  maintenance, and custodial issues; and, as needed, technical
 5861  assistance for survey, planning, design, construction,
 5862  operation, and evaluation of educational and ancillary
 5863  facilities and plants, facilities administrative procedures
 5864  review, and training for new administrators.
 5865         (10)(a) Review and validate surveys proposed or amended by
 5866  the boards and recommend to the Commissioner of Education, the
 5867  Chancellor of the Florida College System, or the Chancellor of
 5868  the State University System, as appropriate, for approval,
 5869  surveys that meet the requirements of this chapter.
 5870         1. The term “validate” as applied to surveys by school
 5871  districts means to review inventory data as submitted to the
 5872  department by district school boards; provide for review and
 5873  inspection, where required, of student stations and aggregate
 5874  square feet of inventory changed from satisfactory to
 5875  unsatisfactory or changed from unsatisfactory to satisfactory;
 5876  compare new school inventory to allocation limits provided by
 5877  this chapter; review cost projections for conformity with cost
 5878  limits set by s. 1013.64(6); compare total capital outlay full
 5879  time equivalent enrollment projections in the survey with the
 5880  department’s projections; review facilities lists to verify that
 5881  student station and auxiliary facility space allocations do not
 5882  exceed the limits provided by this chapter and related rules;
 5883  review and confirm the application of uniform facility
 5884  utilization factors, where provided by this chapter or related
 5885  rules; use utilize the documentation of programs offered per
 5886  site, as submitted by the board, to analyze facility needs;
 5887  confirm that need projections for career and adult educational
 5888  programs comply with needs documented by the Department of
 5889  Education; and confirm the assignment of full-time student
 5890  stations to all space except auxiliary facilities, which, for
 5891  purposes of exemption from student station assignment, include
 5892  the following:
 5893         a. Cafeterias.
 5894         b. Multipurpose dining areas.
 5895         c. Media centers.
 5896         d. Auditoriums.
 5897         e. Administration.
 5898         f. Elementary, middle, and high school resource rooms, up
 5899  to the number of such rooms recommended for the applicable
 5900  occupant and space design capacity of the educational plant in
 5901  the State Requirements for Educational Facilities, beyond which
 5902  student stations must be assigned.
 5903         g. Elementary school skills labs, up to the number of such
 5904  rooms recommended for the applicable occupant and space design
 5905  capacity of the educational plant in the State Requirements for
 5906  Educational Facilities, beyond which student stations must be
 5907  assigned.
 5908         h. Elementary school art and music rooms.
 5909  
 5910  The Commissioner of Education may grant a waiver from the
 5911  requirements of this subparagraph if a district school board
 5912  determines that such waiver will make possible a substantial
 5913  savings of funds or will be advantageous to the welfare of the
 5914  educational system. The district school board shall present a
 5915  full statement to the commissioner which sets forth the facts
 5916  that warrant the waiver. If the commissioner denies a request
 5917  for a waiver, the district school board may appeal such decision
 5918  to the State Board of Education.
 5919         2. The term “validate” as applied to surveys by Florida
 5920  College System institutions and universities means to review and
 5921  document the approval of each new site and official designation,
 5922  where applicable; review the inventory database as submitted by
 5923  each board to the department, including noncareer, and total
 5924  capital outlay full-time equivalent enrollment projections per
 5925  site and per college; provide for the review and inspection,
 5926  where required, of student stations and aggregate square feet of
 5927  space changed from satisfactory to unsatisfactory; use utilize
 5928  and review the documentation of programs offered per site
 5929  submitted by the boards as accurate for analysis of space
 5930  requirements and needs; confirm that needs projected for career
 5931  and adult educational programs comply with needs documented by
 5932  the Department of Education; compare new facility inventory to
 5933  allocations limits as provided in this chapter; review cost
 5934  projections for conformity with state averages or limits
 5935  designated by this chapter; compare student enrollment
 5936  projections in the survey to the department’s projections;
 5937  review facilities lists to verify that area allocations and
 5938  space factors for generating space needs do not exceed the
 5939  limits as provided by this chapter and related rules; confirm
 5940  the application of facility utilization factors as provided by
 5941  this chapter and related rules; and review, as submitted,
 5942  documentation of how survey recommendations will implement the
 5943  detail of current campus master plans and integrate with local
 5944  comprehensive plans and development regulations.
 5945         (b) Recommend priority of projects to be funded.
 5946         (11) Prepare the commissioner’s comprehensive fixed capital
 5947  outlay legislative budget request and provide annually an
 5948  estimate of the funds available for developing required 3-year
 5949  priority lists. This amount shall be based upon the average
 5950  percentage for the 5 prior years of funds appropriated by the
 5951  Legislature for fixed capital outlay to each level of public
 5952  education: public schools, Florida College System institutions,
 5953  and universities.
 5954         (12) Perform any other functions that may be involved in
 5955  educational facilities construction and capital improvement
 5956  which shall ensure that the intent of the Legislature is
 5957  implemented.
 5958         Section 114. Section 1013.28, Florida Statutes, is amended
 5959  to read:
 5960         1013.28 Disposal of property.—
 5961         (1) REAL PROPERTY.—
 5962         (a) Subject to rules of the State Board of Education, a
 5963  district school board or, the Board of Trustees for the Florida
 5964  School for the Deaf and the Blind, or a Florida College System
 5965  institution board of trustees may dispose of any land or real
 5966  property to which the board holds title which is, by resolution
 5967  of the board, determined to be unnecessary for educational
 5968  purposes as recommended in an educational plant survey. A
 5969  district school board or, the Board of Trustees for the Florida
 5970  School for the Deaf and the Blind, or a Florida College System
 5971  institution board of trustees shall take diligent measures to
 5972  dispose of educational property only in the best interests of
 5973  the public. However, appraisals may be obtained by the district
 5974  school board or, the Board of Trustees for the Florida School
 5975  for the Deaf and the Blind before, or the Florida College System
 5976  institution board of trustees prior to or simultaneously with
 5977  the receipt of bids.
 5978         (b) Subject to regulations of the Board of Governors, a
 5979  state university board of trustees may dispose of any land or
 5980  real property to which it holds valid title which is, by
 5981  resolution of the state university board of trustees, determined
 5982  to be unnecessary for educational purposes as recommended in an
 5983  educational plant survey. A state university board of trustees
 5984  shall take diligent measures to dispose of educational property
 5985  only in the best interests of the public. However, appraisals
 5986  may be obtained by the state university board of trustees prior
 5987  to or simultaneously with the receipt of bids.
 5988         (c) Subject to rules of the State Board of Colleges, a
 5989  Florida College System institution board of trustees may dispose
 5990  of any land or real property to which it holds valid title which
 5991  is, by resolution of the Florida College System institution
 5992  board of trustees, determined to be unnecessary for educational
 5993  purposes as recommended in an educational plant survey. A
 5994  Florida College System institution board of trustees shall take
 5995  diligent measures to dispose of educational property only in the
 5996  best interests of the public. However, appraisals may be
 5997  obtained by the Florida College System institution board of
 5998  trustees prior to or simultaneously with the receipt of bids.
 5999         (2) TANGIBLE PERSONAL PROPERTY.—
 6000         (a) Tangible personal property that has been properly
 6001  classified as surplus by a district school board or Florida
 6002  College System institution board of trustees shall be disposed
 6003  of in accordance with the procedure established by chapter 274.
 6004  However, the provisions of chapter 274 shall not be applicable
 6005  to a motor vehicle used in driver education to which title is
 6006  obtained for a token amount from an automobile dealer or
 6007  manufacturer. In such cases, the disposal of the vehicle shall
 6008  be as prescribed in the contractual agreement between the
 6009  automotive agency or manufacturer and the board.
 6010         (b) Tangible personal property that has been properly
 6011  classified as surplus by a state university board of trustees
 6012  shall be disposed of in accordance with the procedure
 6013  established by chapter 273.
 6014         (c) Tangible personal property that has been properly
 6015  classified as surplus by a Florida College System institution
 6016  board of trustees shall be disposed of in accordance with the
 6017  procedure established by chapter 274.
 6018         Section 115. Subsection (1) of section 1013.31, Florida
 6019  Statutes, is amended to read:
 6020         1013.31 Educational plant survey; localized need
 6021  assessment; PECO project funding.—
 6022         (1) At least every 5 years, each board shall arrange for an
 6023  educational plant survey, to aid in formulating plans for
 6024  housing the educational program and student population, faculty,
 6025  administrators, staff, and auxiliary and ancillary services of
 6026  the district or campus, including consideration of the local
 6027  comprehensive plan. The Department of Education, for school
 6028  districts, and the State Board of Colleges, for the Florida
 6029  College System, shall document the need for additional career
 6030  and adult education programs and the continuation of existing
 6031  programs before facility construction or renovation related to
 6032  career or adult education may be included in the educational
 6033  plant survey of a school district or Florida College System
 6034  institution that delivers career or adult education programs.
 6035  Information used by the Department of Education or State Board
 6036  of Colleges to establish facility needs must include, but need
 6037  not be limited to, labor market data, needs analysis, and
 6038  information submitted by the school district or Florida College
 6039  System institution.
 6040         (a) Survey preparation and required data.—Each survey shall
 6041  be conducted by the board or an agency employed by the board.
 6042  Surveys shall be reviewed and approved by the board, and a file
 6043  copy shall be submitted to the Department of Education, the
 6044  Chancellor of the Florida College System, or the Chancellor of
 6045  the State University System, as appropriate. The survey report
 6046  shall include at least an inventory of existing educational and
 6047  ancillary plants, including safe access facilities;
 6048  recommendations for existing educational and ancillary plants;
 6049  recommendations for new educational or ancillary plants,
 6050  including the general location of each in coordination with the
 6051  land use plan and safe access facilities; campus master plan
 6052  update and detail for Florida College System institutions; the
 6053  use utilization of school plants based on an extended school day
 6054  or year-round operation; and such other information as may be
 6055  required by the Department of Education. This report may be
 6056  amended, if conditions warrant, at the request of the department
 6057  or commissioner.
 6058         (b) Required need assessment criteria for district, Florida
 6059  College System institution, state university, and Florida School
 6060  for the Deaf and the Blind plant surveys.—Educational plant
 6061  surveys must use uniform data sources and criteria specified in
 6062  this paragraph. Each revised educational plant survey and each
 6063  new educational plant survey supersedes previous surveys.
 6064         1. The school district’s survey must be submitted as a part
 6065  of the district educational facilities plan defined in s.
 6066  1013.35. To ensure that the data reported to the Department of
 6067  Education as required by this section is correct, the department
 6068  shall annually conduct an onsite review of 5 percent of the
 6069  facilities reported for each school district completing a new
 6070  survey that year. If the department’s review finds the data
 6071  reported by a district is less than 95 percent accurate, within
 6072  1 year from the time of notification by the department the
 6073  district must submit revised reports correcting its data. If a
 6074  district fails to correct its reports, the commissioner may
 6075  direct that future fixed capital outlay funds be withheld until
 6076  such time as the district has corrected its reports so that they
 6077  are not less than 95 percent accurate.
 6078         2. Each survey of a special facility, joint-use facility,
 6079  or cooperative career education facility must be based on
 6080  capital outlay full-time equivalent student enrollment data
 6081  prepared by the department for school districts and Florida
 6082  College System institutions and by the Chancellor of the State
 6083  University System for universities. A survey of space needs of a
 6084  joint-use facility shall be based upon the respective space
 6085  needs of the school districts, Florida College System
 6086  institutions, and universities, as appropriate. Projections of a
 6087  school district’s facility space needs may not exceed the norm
 6088  space and occupant design criteria established by the State
 6089  Requirements for Educational Facilities.
 6090         3. Each Florida College System institution’s survey must
 6091  reflect the capacity of existing facilities as specified in the
 6092  inventory maintained and validated by the Chancellor of the
 6093  Florida College System by the Department of Education.
 6094  Projections of facility space needs must comply with standards
 6095  for determining space needs as specified by rule of the State
 6096  Board of Colleges Education. The 5-year projection of capital
 6097  outlay student enrollment must be consistent with the annual
 6098  report of capital outlay full-time student enrollment prepared
 6099  by the Department of Education.
 6100         4. Each state university’s survey must reflect the capacity
 6101  of existing facilities as specified in the inventory maintained
 6102  and validated by the Chancellor of the State University System.
 6103  Projections of facility space needs must be consistent with
 6104  standards for determining space needs as specified by regulation
 6105  of the Board of Governors. The projected capital outlay full
 6106  time equivalent student enrollment must be consistent with the
 6107  5-year planned enrollment cycle for the State University System
 6108  approved by the Board of Governors.
 6109         5. The district educational facilities plan of a school
 6110  district and the educational plant survey of a Florida College
 6111  System institution, state university, or the Florida School for
 6112  the Deaf and the Blind may include space needs that deviate from
 6113  approved standards for determining space needs if the deviation
 6114  is justified by the district or institution and approved by the
 6115  department, the State Board of Colleges, or the Board of
 6116  Governors, as appropriate, as necessary for the delivery of an
 6117  approved educational program.
 6118         (c) Review and validation.—The Department of Education
 6119  shall review and validate the surveys of school districts, the
 6120  Chancellor of the Florida College System shall review and
 6121  validate the surveys of and Florida College System institutions,
 6122  and the Chancellor of the State University System shall review
 6123  and validate the surveys of universities, and any amendments
 6124  thereto for compliance with the requirements of this chapter and
 6125  shall recommend those in compliance for approval by the State
 6126  Board of Education, the State Board of Colleges, or the Board of
 6127  Governors, as appropriate. Annually, the department shall
 6128  perform an in-depth analysis of a representative sample of each
 6129  survey of recommended needs for five districts selected by the
 6130  commissioner from among districts with the largest need-to
 6131  revenue ratio. For the purpose of this subsection, the need-to
 6132  revenue ratio is determined by dividing the total 5-year cost of
 6133  projects listed on the district survey by the total 5-year fixed
 6134  capital outlay revenue projections from state and local sources
 6135  as determined by the department. The commissioner may direct
 6136  fixed capital outlay funds to be withheld from districts until
 6137  such time as the survey accurately projects facilities needs.
 6138         (d) Periodic update of Florida Inventory of School Houses.
 6139  School districts shall periodically update their inventory of
 6140  educational facilities as new capacity becomes available and as
 6141  unsatisfactory space is eliminated. The State Board of Education
 6142  shall adopt rules to determine the timeframe in which districts
 6143  must provide a periodic update.
 6144         Section 116. Subsection (3) of section 1013.36, Florida
 6145  Statutes, is amended to read:
 6146         1013.36 Site planning and selection.—
 6147         (3) Sites recommended for purchase or purchased must meet
 6148  standards prescribed in law and such supplementary standards as
 6149  the State Board of Education or State Board of Colleges, as
 6150  appropriate, prescribes to promote the educational interests of
 6151  the students. Each site must be well drained and suitable for
 6152  outdoor educational purposes as appropriate for the educational
 6153  program or collocated with facilities to serve this purpose. As
 6154  provided in s. 333.03, the site must not be located within any
 6155  path of flight approach of any airport. Insofar as is
 6156  practicable, the site must not adjoin a right-of-way of any
 6157  railroad or through highway and must not be adjacent to any
 6158  factory or other property from which noise, odors, or other
 6159  disturbances, or at which conditions, would be likely to
 6160  interfere with the educational program. To the extent
 6161  practicable, sites must be chosen which will provide safe access
 6162  from neighborhoods to schools.
 6163         Section 117. Subsections (3) and (4) of section 1013.37,
 6164  Florida Statutes, are amended to read:
 6165         1013.37 State uniform building code for public educational
 6166  facilities construction.—
 6167         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 6168  Chancellor of the Florida College System, as appropriate, shall
 6169  cooperate with the Florida Building Commission in addressing all
 6170  questions, disputes, or interpretations involving the provisions
 6171  of the Florida Building Code which govern the construction of
 6172  public educational and ancillary facilities, and any objections
 6173  to decisions made by the inspectors or the department must be
 6174  submitted in writing.
 6175         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 6176  department, for school districts, and the State Board of
 6177  Colleges, for Florida College System institutions, shall
 6178  biennially review and recommend to the Florida Building
 6179  Commission updates and revisions to the provisions of the
 6180  Florida Building Code which govern the construction of public
 6181  educational and ancillary facilities. The department, for school
 6182  districts, and the State Board of Colleges, for Florida College
 6183  System institutions, shall publish and make available to each
 6184  board at no cost copies of the State Requirements for
 6185  Educational Facilities and each amendment and revision thereto.
 6186  The department and state board shall make additional copies
 6187  available to all interested persons at a price sufficient to
 6188  recover costs.
 6189         Section 118. Subsections (1), (2), and (3) of section
 6190  1013.40, Florida Statutes, are amended to read:
 6191         1013.40 Planning and construction of Florida College System
 6192  institution facilities; property acquisition.—
 6193         (1) The need for Florida College System institution
 6194  facilities shall be established by a survey conducted pursuant
 6195  to this chapter. The facilities recommended by such survey must
 6196  be approved by the State Board of Colleges Education, and the
 6197  projects must be constructed according to the provisions of this
 6198  chapter and State Board of Colleges Education rules.
 6199         (2) A No Florida College System institution may not expend
 6200  public funds for the acquisition of additional property without
 6201  the specific approval of the Legislature.
 6202         (3) A No facility may not be acquired or constructed by a
 6203  Florida College System institution or its direct-support
 6204  organization if such facility requires general revenue funds for
 6205  operation or maintenance upon project completion or in
 6206  subsequent years of operation, unless prior approval is received
 6207  from the Legislature.
 6208         Section 119. Section 1013.47, Florida Statutes, is amended
 6209  to read:
 6210         1013.47 Substance of contract; contractors to give bond;
 6211  penalties.—Each board shall develop contracts consistent with
 6212  this chapter and statutes governing public facilities. Such a
 6213  contract must contain the drawings and specifications of the
 6214  work to be done and the material to be furnished, the time limit
 6215  in which the construction is to be completed, the time and
 6216  method by which payments are to be made upon the contract, and
 6217  the penalty to be paid by the contractor for a failure to comply
 6218  with the terms of the contract. The board may require the
 6219  contractor to pay a penalty for any failure to comply with the
 6220  terms of the contract and may provide an incentive for early
 6221  completion. Upon accepting a satisfactory bid, the board shall
 6222  enter into a contract with the party or parties whose bid has
 6223  been accepted. The contractor shall furnish the board with a
 6224  performance and payment bond as set forth in s. 255.05. A board
 6225  or other public entity may not require a contractor to secure a
 6226  surety bond under s. 255.05 from a specific agent or bonding
 6227  company. A person, firm, or corporation that constructs any part
 6228  of any educational plant, or addition thereto, on the basis of
 6229  any unapproved plans or in violation of any plans approved in
 6230  accordance with the provisions of this chapter and rules of the
 6231  State Board of Education or State Board of Colleges or
 6232  regulations of the Board of Governors relating to building
 6233  standards or specifications is subject to forfeiture of the
 6234  surety bond and unpaid compensation in an amount sufficient to
 6235  reimburse the board for any costs that will need to be incurred
 6236  in making any changes necessary to assure that all requirements
 6237  are met and is also guilty of a misdemeanor of the second
 6238  degree, punishable as provided in s. 775.082 or s. 775.083, for
 6239  each separate violation.
 6240         Section 120. Section 1013.52, Florida Statutes, is amended
 6241  to read:
 6242         1013.52 Cooperative development and joint use of facilities
 6243  by two or more boards.—
 6244         (1) Two or more boards, including district school boards,
 6245  Florida College System institution boards of trustees, the Board
 6246  of Trustees for the Florida School for the Deaf and the Blind,
 6247  and university boards of trustees, desiring to cooperatively
 6248  establish a common educational facility to accommodate students
 6249  shall:
 6250         (a) Jointly request a formal assessment by the Commissioner
 6251  of Education, or the Chancellor of the State University System,
 6252  or the Chancellor of the State Board of Colleges, as
 6253  appropriate, of the academic program need and the need to build
 6254  new joint-use facilities to house approved programs. Completion
 6255  of the assessment and approval of the project by the State Board
 6256  of Education, the State Board of Colleges, the Chancellor of the
 6257  Florida College System, the Board of Governors, the Chancellor
 6258  of the State University System, or the Commissioner of
 6259  Education, as appropriate, should be done prior to conducting an
 6260  educational facilities survey.
 6261         (b) Demonstrate the need for construction of new joint-use
 6262  facilities involving postsecondary institutions by those
 6263  institutions presenting evidence of the presence of sufficient
 6264  actual full-time equivalent enrollments in the locale in leased,
 6265  rented, or borrowed spaces to justify the requested facility for
 6266  the programs identified in the formal assessment rather than
 6267  using projected or anticipated future full-time equivalent
 6268  enrollments as justification. If the decision is made to
 6269  construct new facilities to meet this demonstrated need, then
 6270  building plans should consider full-time equivalent enrollment
 6271  growth facilitated by this new construction and subsequent new
 6272  program offerings made possible by the existence of the new
 6273  facilities.
 6274         (c) Adopt and submit to the Commissioner of Education, the
 6275  Chancellor of the Florida College System, or and the Chancellor
 6276  of the State University System, as appropriate, if the joint
 6277  request involves a state university, a joint resolution of the
 6278  participating boards indicating their commitment to the
 6279  utilization of the requested facility and designating the locale
 6280  of the proposed facility. The joint resolution shall contain a
 6281  statement of determination by the participating boards that
 6282  alternate options, including the use of leased, rented, or
 6283  borrowed space, were considered and found less appropriate than
 6284  construction of the proposed facility. The joint resolution
 6285  shall contain assurance that the development of the proposed
 6286  facility has been examined in conjunction with the programs
 6287  offered by neighboring public educational facilities offering
 6288  instruction at the same level. The joint resolution also shall
 6289  contain assurance that each participating board shall provide
 6290  for continuity of educational progression. All joint resolutions
 6291  shall be submitted by August 1 for consideration of funding by
 6292  the subsequent Legislature.
 6293         (d) Submit requests for funding of joint-use facilities
 6294  projects involving state universities and Florida College System
 6295  institutions for approval by the Chancellor of the Florida
 6296  College System Commissioner of Education and the Chancellor of
 6297  the State University System. The Chancellor of the Florida
 6298  College System Commissioner of Education and the Chancellor of
 6299  the State University System shall jointly determine the priority
 6300  for funding these projects in relation to the priority of all
 6301  other capital outlay projects under their consideration. To be
 6302  eligible for funding from the Public Education Capital Outlay
 6303  and Debt Service Trust Fund under the provisions of this
 6304  section, projects involving both state universities and Florida
 6305  College System institutions shall appear on the 3-year capital
 6306  outlay priority lists of Florida College System institutions and
 6307  of universities required by s. 1013.64. Projects involving a
 6308  state university, a Florida College System institution, and a
 6309  public school, and in which the larger share of the proposed
 6310  facility is for the use of the state university or the Florida
 6311  College System institution, shall appear on the 3-year capital
 6312  outlay priority lists of the Florida College System institutions
 6313  or of the universities, as applicable.
 6314         (e) Include in their joint resolution for the joint-use
 6315  facilities, comprehensive plans for the operation and management
 6316  of the facility upon completion. Institutional responsibilities
 6317  for specific functions shall be identified, including
 6318  designation of one participating board as sole owner of the
 6319  facility. Operational funding arrangements shall be clearly
 6320  defined.
 6321         (2) An educational plant survey must be conducted within 90
 6322  days after submission of the joint resolution and substantiating
 6323  data describing the benefits to be obtained, the programs to be
 6324  offered, and the estimated cost of the proposed project. Upon
 6325  completion of the educational plant survey, the participating
 6326  boards may include the recommended projects in their plan as
 6327  provided in s. 1013.31. Upon approval of the project by the
 6328  commissioner, the Chancellor of the Florida College System, or
 6329  the Chancellor of the State University System, as appropriate,
 6330  25 percent of the total cost of the project, or the pro rata
 6331  share based on space utilization of 25 percent of the cost, must
 6332  be included in the department’s legislative capital outlay
 6333  budget request as provided in s. 1013.60 for educational plants.
 6334  The participating boards must include in their joint resolution
 6335  a commitment to finance the remaining funds necessary to
 6336  complete the planning, construction, and equipping of the
 6337  facility. Funds from the Public Education Capital Outlay and
 6338  Debt Service Trust Fund may not be expended on any project
 6339  unless specifically authorized by the Legislature.
 6340         (3) Included in all proposals for joint-use facilities must
 6341  be documentation that the proposed new campus or new joint-use
 6342  facility has been reviewed by the State Board of Education, the
 6343  State Board of Colleges, or the Board of Governors, as
 6344  appropriate, and has been formally requested for authorization
 6345  by the Legislature.
 6346         (4) A No district school board, Florida College System
 6347  institution, or state university may not shall receive funding
 6348  for more than one approved joint-use facility per campus in any
 6349  3-year period.
 6350         Section 121. Subsection (1) of section 1013.65, Florida
 6351  Statutes, is amended to read:
 6352         1013.65 Educational and ancillary plant construction funds;
 6353  Public Education Capital Outlay and Debt Service Trust Fund;
 6354  allocation of funds.—
 6355         (1) The commissioner, through the department, shall
 6356  administer the Public Education Capital Outlay and Debt Service
 6357  Trust Fund. The commissioner shall allocate or reallocate funds
 6358  as authorized by the Legislature. Copies of each allocation or
 6359  reallocation shall be provided to members of the State Board of
 6360  Education, the State Board of Colleges, and the Board of
 6361  Governors and to the chairs of the House of Representatives and
 6362  Senate appropriations committees. The commissioner shall provide
 6363  for timely encumbrances of funds for duly authorized projects.
 6364  Encumbrances may include proceeds to be received under a
 6365  resolution approved by the State Board of Education authorizing
 6366  the issuance of public education capital outlay bonds pursuant
 6367  to s. 9(a)(2), Art. XII of the State Constitution, s. 215.61,
 6368  and other applicable law. The commissioner shall provide for the
 6369  timely disbursement of moneys necessary to meet the encumbrance
 6370  authorizations of the boards. Records shall be maintained by the
 6371  department to identify legislative appropriations, allocations,
 6372  encumbrance authorizations, disbursements, transfers,
 6373  investments, sinking funds, and revenue receipts by source. The
 6374  Department of Education shall pay the administrative costs of
 6375  the Public Education Capital Outlay and Debt Service Trust Fund
 6376  from the funds which comprise the trust fund.
 6377         Section 122. (1) Effective October 1, 2018, the sums of
 6378  $2,565,530 in recurring funds from the General Revenue Fund,
 6379  $200,159 from the Facility Construction Administrative Trust
 6380  Fund, and $56,144 from the Federal Grants Trust Fund, from the
 6381  amounts appropriated to the State Board of Education in the
 6382  General Appropriations Act for the 2018-2019 fiscal year, are
 6383  transferred between the appropriation categories identified in
 6384  paragraphs (b)-(i) from the State Board of Education to the
 6385  State Board of Colleges, along with the positions identified in
 6386  paragraph (a), as follows:
 6387         (a) Thirty-four full-time equivalent positions with an
 6388  associated salary rate of 2,173,369.
 6389         (b) The sums of $2,017,597 in recurring funds from the
 6390  General Revenue Fund, $168,045 in recurring funds from the
 6391  Facility Construction Administrative Trust Fund, and $46,886 in
 6392  recurring funds from the Federal Grants Trust Fund in the
 6393  Salaries and Benefits appropriation category.
 6394         (c) The sum of $21,179 in recurring funds from the General
 6395  Revenue Fund in the Other Personal Services appropriation
 6396  category.
 6397         (d) The sums of $205,109 in recurring funds from the
 6398  General Revenue Fund, $16,689 in recurring funds from the
 6399  Facility Construction Administrative Trust Fund, and $4,390 in
 6400  recurring funds from the Federal Grants Trust Fund in the
 6401  Expenses appropriation category.
 6402         (e) The sums of $11,414 in recurring funds from the General
 6403  Revenue Fund, $2,843 in recurring funds from the Facility
 6404  Construction Administrative Trust Fund, and $214 in recurring
 6405  funds from the Federal Grants Trust Fund in the Special
 6406  Categories - Contracted Services appropriation category.
 6407         (f) The sums of $8,256 in recurring funds from the General
 6408  Revenue Fund, $515 in recurring funds from the Facility
 6409  Construction Administrative Trust Fund, and $191 in recurring
 6410  funds from the Federal Grants Trust Fund in the Special
 6411  Categories - Risk Management Insurance appropriation category.
 6412         (g) The sums of $8,055 in recurring funds from the General
 6413  Revenue Fund, $515 in recurring funds from the Facility
 6414  Construction Administrative Trust Fund, and $191 in recurring
 6415  funds from the Federal Grants Trust Fund for Special Categories
 6416  - Transfer to the Department of Management Services - Human
 6417  Resources Services Purchased per Statewide Contract
 6418  appropriation category.
 6419         (h) The sums of $182,286 in recurring funds from the
 6420  General Revenue Fund, $11,550 in recurring funds from the
 6421  Facility Construction Administrative Trust Fund, and $4,274 in
 6422  recurring funds from the Federal Grants Trust Fund in the
 6423  Special Categories - Data Processing Services, Education
 6424  Technology and Information Services appropriation category.
 6425         (i) The sum of $111,635 in recurring funds from the General
 6426  Revenue Fund for Data Processing Services - Northwest Regional
 6427  Data Center appropriation category.
 6428  
 6429  The amounts transferred pursuant to this subsection represent
 6430  the funding for only the final three quarters of the fiscal
 6431  year.
 6432         (2) Effective October 1, 2018, $1,379,227 in recurring
 6433  funds from the General Revenue Fund and $91,153 in recurring
 6434  funds from the Federal Grants Trust Fund are appropriated to the
 6435  State Board of Colleges as follows:
 6436         (a) An additional 17 full-time equivalent positions and an
 6437  additional associated salary rate of 1,068,460 are authorized
 6438  for the State Board of Colleges.
 6439         (b) The sums of $1,014,534 in recurring funds from the
 6440  General Revenue Fund and $75,857 in recurring funds from the
 6441  Federal Grants Trust Fund in the Salaries and Benefits
 6442  appropriation category.
 6443         (c) The sums of $229,758 in recurring funds from the
 6444  General Revenue Fund and $8,688 in recurring funds from the
 6445  Federal Grants Trust Fund in the Expenses appropriation
 6446  category.
 6447         (d) The sums of $29,396 in recurring funds from the General
 6448  Revenue Fund and $317 in recurring funds from the Federal Grants
 6449  Trust Fund in the Special Categories - Contracted Services
 6450  appropriation category.
 6451         (e) The sums of $4,131 in recurring funds from the General
 6452  Revenue Fund and $258 in recurring funds from the Federal Grants
 6453  Trust Fund in the Special Categories - Risk Management Insurance
 6454  appropriation category.
 6455         (f) The sums of $4,123 in recurring funds from the General
 6456  Revenue Fund and $258 in recurring funds from the Federal Grants
 6457  Trust Fund for the Special Categories - Transfer to the
 6458  Department of Management Services - Human Resources Services
 6459  Purchased per Statewide Contract appropriation category.
 6460         (g) The sums of $92,402 in recurring funds from the General
 6461  Revenue Fund and $5,775 in recurring funds from the Federal
 6462  Grants Trust Fund in the Special Categories - Data Processing
 6463  Services, Education Technology and Information Services
 6464  appropriation category.
 6465         (h) The sum of $4,883 in recurring funds from the General
 6466  Revenue Fund in the Data Processing Services - Northwest
 6467  Regional Data Center appropriation category.
 6468  
 6469  The amounts appropriated under this subsection represent funding
 6470  for only the final three quarters of the fiscal year.
 6471         (3) Effective October 1, 2018, the sum of $10 million in
 6472  recurring funds from the General Revenue Fund is appropriated to
 6473  the State Board of Colleges for distribution to colleges for
 6474  students who earn industry certifications during the 2018-2019
 6475  academic year. Funding for each college must be calculated based
 6476  on the percentage of students who earn industry certifications
 6477  in the following occupations or occupational areas: public
 6478  safety; health sciences; automotive service technology; auto
 6479  collision repair and refinishing; cyber security; cloud
 6480  virtualization; network support services; computer programming;
 6481  advanced manufacturing; electrician; welding; Federal Aviation
 6482  Administration airframe mechanics; powerplant mechanics;
 6483  pharmacy technician; and heating, ventilation, and air
 6484  conditioning technician. By June 1, 2019, the State Board of
 6485  Colleges shall distribute the funds and establish procedures and
 6486  timelines for colleges to report the percentage of students who
 6487  earned certifications for funding. The State Board of Colleges
 6488  may allocate any funds not obligated by June 1, 2019, to schools
 6489  that have earned awards based on the percentage of earned
 6490  certifications. By October 31, 2018, the Chancellor of the
 6491  Florida College System shall identify the associated industry
 6492  certifications and shall prepare a report for each
 6493  certification, including costs for the certification, the
 6494  percentage of students who earned such certifications and who
 6495  are employed, and the average salary of students who earned such
 6496  certifications. Performance funds may not be awarded for
 6497  certifications earned through continuing workforce education
 6498  programs. Industry certifications that are earned by students
 6499  who were enrolled in the 2017-2018 academic year which were
 6500  eligible to be included in the funding allocation for the 2017
 6501  2018 fiscal year but who were not included in the final
 6502  disbursement due to the early data reporting deadline may be
 6503  reported by colleges and included in the allocation of funds for
 6504  the 2018-2019 fiscal year. Colleges shall maintain documentation
 6505  for student attainment of industry certifications that are
 6506  eligible for performance funding. The Auditor General shall
 6507  verify compliance with this requirement during scheduled
 6508  operational audits of the colleges. If a college does not
 6509  comply, it must refund the performance funding to the state.
 6510         (4) Effective July 1, 2018, and notwithstanding s.
 6511  1001.66(2), Florida Statutes, which requires funding for the
 6512  Florida College Performance-Based Incentive to be determined in
 6513  the General Appropriations Act, $60 million in recurring funds
 6514  from the General Revenue Fund is appropriated to the State Board
 6515  of Education for the Florida College Performance-Based Incentive
 6516  awarded pursuant to s. 1001.66, Florida Statutes, for the 2018
 6517  2019 fiscal year. From these funds, $30 million is included as
 6518  the state investment in performance funding, and $30 million is
 6519  redistributed from the base budget of Florida College System
 6520  institutions as the institutional investment in performance
 6521  funding.
 6522         (5) Effective July 1, 2018, and notwithstanding the
 6523  provisions of s. 1008.30(7)(b), Florida Statutes, which limit
 6524  funding for the Supporting Students for Academic Success Program
 6525  to amounts provided in the General Appropriations Act, $30
 6526  million in recurring funds from the General Revenue Fund is
 6527  appropriated to the State Board of Education for the Supporting
 6528  Students for Academic Success Program established in that
 6529  section for the 2018-2019 fiscal year. The State Board of
 6530  Education shall allocate the funds to each Florida College
 6531  System institution through the Florida College System Program
 6532  Fund funding model developed pursuant to s. 1011.84, Florida
 6533  Statutes.
 6534         (6) Effective October 1, 2018, all rules, records,
 6535  property, and unexpended balances of appropriations,
 6536  allocations, or other funds relating to the Florida College
 6537  System which are currently assigned to and administered by the
 6538  State Board of Education are transferred by a type two transfer,
 6539  as defined in s. 20.06(2), Florida Statutes, to the State Board
 6540  of Colleges. Such rules shall remain effective until modified by
 6541  the State Board of Colleges.
 6542         (7) This section shall take effect July 1, 2018.
 6543         Section 123. Except as otherwise expressly provided in this
 6544  act and except for this section, which shall take effect upon
 6545  becoming a law, this act shall take effect October 1, 2018.