Bill Text: FL H7011 | 2011 | Regular Session | Introduced

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Bill Title: Florida Statutes

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-10 - Substituted SB 946 [H7011 Detail]

Download: Florida-2011-H7011-Introduced.html

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HB 7011

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	1000.01, 1000.02, 1000.04, 1000.05, 1000.06, 1000.07,
4	1000.21, 1001.02, 1001.03, 1001.10, 1001.11, 1001.20,
5	1001.27, 1001.271, 1001.28, 1001.43, 1001.60, 1001.61,
6	1001.62, 1001.63, 1001.64, 1001.65, 1001.705, 1001.706,
7	1002.20, 1002.21, 1002.33, 1002.34, 1002.41, 1002.45,
8	1003.03, 1003.41, 1003.4156, 1003.433, 1003.435, 1003.49,
9	1003.51, 1003.52, 1004.02, 1004.03, 1004.04, 1004.05,
10	1004.06, 1004.07, 1004.085, 1004.095, 1004.226, 1004.645,
11	1004.648, 1004.65, 1004.66, 1004.67, 1004.68, 1004.70,
12	1004.71, 1004.725, 1004.726, 1004.74, 1004.75, 1004.77,
13	1004.78, 1004.79, 1004.80, 1004.81, 1004.86, 1004.91,
14	1004.92, 1004.93, 1004.94, 1004.95, 1004.97, 1004.98,
15	1004.99, 1005.21, 1006.15, 1006.17, 1006.50, 1006.51,
16	1006.55, 1006.60, 1006.62, 1006.63, 1006.65, 1006.68,
17	1006.70, 1006.71, 1006.72, 1007.21, 1007.22, 1007.23,
18	1007.235, 1007.24, 1007.25, 1007.2615, 1007.262, 1007.263,
19	1007.264, 1007.265, 1007.27, 1007.271, 1007.272, 1007.28,
20	1007.33, 1007.34, 1007.35, 1008.30, 1008.31, 1008.32,
21	1008.345, 1008.385, 1008.405, 1008.41, 1008.42, 1008.43,
22	1008.45, 1009.21, 1009.22, 1009.23, 1009.25, 1009.26,
23	1009.265, 1009.27, 1009.28, 1009.285, 1009.286, 1009.29,
24	1009.40, 1009.42, 1009.44, 1009.50, 1009.505, 1009.533,
25	1009.535, 1009.55, 1009.56, 1009.60, 1009.605, 1009.65,
26	1009.67, 1009.70, 1009.72, 1009.77, 1009.89, 1009.891,
27	1009.97, 1009.971, 1009.98, 1009.981, 1010.01, 1010.02,
28	1010.03, 1010.04, 1010.06, 1010.07, 1010.08, 1010.09,
29	1010.11, 1010.22, 1010.23, 1010.30, 1010.33, 1010.34,
30	1010.58, 1011.01, 1011.011, 1011.012, 1011.30, 1011.31,
31	1011.32, 1011.51, 1011.62, 1011.68, 1011.75, 1011.80,
32	1011.801, 1011.81, 1011.82, 1011.83, 1011.84, 1011.85,
33	1011.86, 1012.01, 1012.35, 1012.56, 1012.80, 1012.81,
34	1012.82, 1012.83, 1012.84, 1012.85, 1012.855, 1012.86,
35	1012.865, 1012.87, 1012.875, 1012.88, 1012.885, 1012.98,
36	1013.01, 1013.02, 1013.03, 1013.12, 1013.13, 1013.19,
37	1013.23, 1013.231, 1013.25, 1013.27, 1013.28, 1013.31,
38	1013.36, 1013.37, 1013.371, 1013.40, 1013.44, 1013.51,
39	1013.52, 1013.60, 1013.64, 1013.65, and 1013.81, F.S., to
40	conform to the directive in section 21 of chapter 2010-70,
41	Laws of Florida, to prepare a reviser's bill for
42	consideration by the 2011 Regular Session of the
43	Legislature to substitute the term "Florida College System
44	Institution" for the terms "Florida college," "community
45	college," and "junior college" where those terms appear in
46	the Florida K-20 Education Code; providing an effective
47	date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Paragraph (b) of subsection (5) of section
52	1000.01, Florida Statutes, is amended to read:
53	1000.01  The Florida K-20 education system; technical
54	provisions.-
55	(5)  EDUCATION GOVERNANCE TRANSFERS.-
56	(b)  All rules of the State Board of Education, the
57	Commissioner of Education, and the Department of Education, and
58	all rules of the district school boards, the Florida College
59	System institution community college boards of trustees, and the
60	state university boards of trustees, in effect on January 2,
61	2003, remain in effect until specifically amended or repealed in
62	the manner provided by law.
63	Section 2.  Paragraph (e) of subsection (1) of section
64	1000.02, Florida Statutes, is amended to read:
65	1000.02  Policy and guiding principles for the Florida K-20
66	education system.-
67	(1)  It is the policy of the Legislature:
68	(e)  To provide for the decentralization of authority to
69	the schools, Florida College System institutions community
70	colleges, universities, and other education institutions that
71	deliver educational services to the public.
72	Section 3.  Section 1000.04, Florida Statutes, is amended
73	to read:
74	1000.04  Components for the delivery of public education
75	within the Florida K-20 education system.-Florida's K-20
76	education system provides for the delivery of public education
77	through publicly supported and controlled K-12 schools, Florida
78	College System institutions community colleges, state
79	universities and other postsecondary educational institutions,
80	other educational institutions, and other educational services
81	as provided or authorized by the Constitution and laws of the
82	state.
83	(1)  PUBLIC K-12 SCHOOLS.-The public K-12 schools include
84	charter schools and consist of kindergarten classes; elementary,
85	middle, and high school grades and special classes; school
86	district virtual instruction programs; workforce education;
87	career centers; adult, part-time, and evening schools, courses,
88	or classes, as authorized by law to be operated under the
89	control of district school boards; and lab schools operated
90	under the control of state universities.
91	(2)  PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.-Public
92	postsecondary educational institutions include workforce
93	education; Florida College System institutions community
94	colleges; colleges; state universities; and all other state-
95	supported postsecondary educational institutions that are
96	authorized and established by law.
97	(3)  FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.-The Florida
98	School for the Deaf and the Blind is a component of the delivery
99	of public education within Florida's K-20 education system.
100	(4)  THE FLORIDA VIRTUAL SCHOOL.-The Florida Virtual School
101	is a component of the delivery of public education within
102	Florida's K-20 education system.
103	Section 4.  Paragraphs (d) and (e) of subsection (3),
104	subsection (4), paragraph (a) of subsection (5), and paragraphs
105	(a), (b), (c), (e), (f), and (g) of subsection (6) of section
106	1000.05, Florida Statutes, are amended to read:
107	1000.05  Discrimination against students and employees in
108	the Florida K-20 public education system prohibited; equality of
109	access required.-
110	(3)
111	(d)  A public K-20 educational institution which operates
112	or sponsors interscholastic, intercollegiate, club, or
113	intramural athletics shall provide equal athletic opportunity
114	for members of both genders.
115	1.  The Board of Governors shall determine whether equal
116	opportunities are available at state universities.
117	2.  The Commissioner of Education shall determine whether
118	equal opportunities are available in school districts and
119	Florida College System institutions community colleges. In
120	determining whether equal opportunities are available in school
121	districts and Florida College System institutions community
122	colleges, the Commissioner of Education shall consider, among
123	other factors:
124	a.  Whether the selection of sports and levels of
125	competition effectively accommodate the interests and abilities
126	of members of both genders.
127	b.  The provision of equipment and supplies.
128	c.  Scheduling of games and practice times.
129	d.  Travel and per diem allowances.
130	e.  Opportunities to receive coaching and academic
131	tutoring.
132	f.  Assignment and compensation of coaches and tutors.
133	g.  Provision of locker room, practice, and competitive
134	facilities.
135	h.  Provision of medical and training facilities and
136	services.
137	i.  Provision of housing and dining facilities and
138	services.
139	j.  Publicity.
140
141	Unequal aggregate expenditures for members of each gender or
142	unequal expenditures for male and female teams if a public
143	school or Florida College System institution community college
144	operates or sponsors separate teams do not constitute
145	nonimplementation of this subsection, but the Commissioner of
146	Education shall consider the failure to provide necessary funds
147	for teams for one gender in assessing equality of opportunity
148	for members of each gender.
149	(e)  A public school or Florida College System institution
150	community college may provide separate toilet, locker room, and
151	shower facilities on the basis of gender, but such facilities
152	shall be comparable to such facilities provided for students of
153	the other gender.
154	(4)  Public schools and Florida College System institutions
155	community colleges shall develop and implement methods and
156	strategies to increase the participation of students of a
157	particular race, ethnicity, national origin, gender, disability,
158	or marital status in programs and courses in which students of
159	that particular race, ethnicity, national origin, gender,
160	disability, or marital status have been traditionally
161	underrepresented, including, but not limited to, mathematics,
162	science, computer technology, electronics, communications
163	technology, engineering, and career education.
164	(5)(a)  The State Board of Education shall adopt rules to
165	implement this section as it relates to school districts and
166	Florida College System institutions community colleges.
167	(6)  The functions of the Office of Equal Educational
168	Opportunity of the Department of Education shall include, but
169	are not limited to:
170	(a)  Requiring all district school boards and Florida
171	College System institution community college boards of trustees
172	to develop and submit plans for the implementation of this
173	section to the Department of Education.
174	(b)  Conducting periodic reviews of school districts and
175	Florida College System institutions community colleges to
176	determine compliance with this section and, after a finding that
177	a school district or a Florida College System institution
178	community college is not in compliance with this section,
179	notifying the entity of the steps that it must take to attain
180	compliance and performing followup monitoring.
181	(c)  Providing technical assistance, including assisting
182	school districts or Florida College System institutions
183	community colleges in identifying unlawful discrimination and
184	instructing them in remedies for correction and prevention of
185	such discrimination and performing followup monitoring.
186	(e)  Requiring all district school boards and Florida
187	College System institution community college boards of trustees
188	to submit data and information necessary to determine compliance
189	with this section. The Commissioner of Education shall prescribe
190	the format and the date for submission of such data and any
191	other educational equity data. If any board does not submit the
192	required compliance data or other required educational equity
193	data by the prescribed date, the commissioner shall notify the
194	board of this fact and, if the board does not take appropriate
195	action to immediately submit the required report, the State
196	Board of Education shall impose monetary sanctions.
197	(f)  Based upon rules of the State Board of Education,
198	developing and implementing enforcement mechanisms with
199	appropriate penalties to ensure that public K-12 schools and
200	Florida College System institutions community colleges comply
201	with Title IX of the Education Amendments of 1972 and subsection
202	(3) of this section. However, the State Board of Education may
203	not force a public school or Florida College System institution
204	community college to conduct, nor penalize such entity for not
205	conducting, a program of athletic activity or athletic
206	scholarship for female athletes unless it is an athletic
207	activity approved for women by a recognized association whose
208	purpose is to promote athletics and a conference or league
209	exists to promote interscholastic or intercollegiate competition
210	for women in that athletic activity.
211	(g)  Reporting to the Commissioner of Education any
212	district school board or Florida College System institution
213	community college board of trustees found to be out of
214	compliance with rules of the State Board of Education adopted as
215	required by paragraph (f) or paragraph (3)(d). To penalize the
216	board, the State Board of Education shall:
217	1.  Declare the school district or Florida College System
218	institution community college ineligible for competitive state
219	grants.
220	2.  Notwithstanding the provisions of s. 216.192, direct
221	the Chief Financial Officer to withhold general revenue funds
222	sufficient to obtain compliance from the school district or
223	Florida College System institution community college.
224
225	The school district or Florida College System institution
226	community college shall remain ineligible and the funds shall
227	not be paid until the institution comes into compliance or the
228	State Board of Education approves a plan for compliance.
229	Section 5.  Subsection (2) of section 1000.06, Florida
230	Statutes, is amended to read:
231	1000.06  Display of flags.-
232	(2)  Each public K-20 educational institution that is
233	provided or authorized by the Constitution and laws of Florida
234	shall display daily in each classroom the flag of the United
235	States. The flag must be made in the United States, must be at
236	least 2 feet by 3 feet, and must be properly displayed in
237	accordance with Title 4 U.S.C. Each educational institution
238	shall acquire the necessary number of flags to implement the
239	provisions of this subsection. The principal, director, or
240	president of each educational institution shall attempt to
241	acquire the flags through donations or fundraising for 1 year
242	prior to securing other funding sources or allocating funds for
243	the purchase of flags. The president of each state university or
244	Florida College System institution community college must
245	present to the governing board of the institution the results of
246	donations and fundraising activities relating to the acquisition
247	of flags prior to requesting the governing board to approve a
248	funding source for the purchase of flags. A flag must be
249	displayed in each classroom pursuant to this subsection no later
250	than August 1, 2005.
251	Section 6.  Paragraph (a) of subsection (2) of section
252	1000.07, Florida Statutes, is amended to read:
253	1000.07  Florida Business and Education Collaborative.-
254	(2)  The Florida Business and Education Collaborative is
255	established as a state-level advisory group to the Governor; the
256	Legislature; the State Board of Education; the Board of
257	Governors of the State University System; boards of independent
258	colleges, universities, and career schools; and other interested
259	parties.
260	(a)  Members of the collaborative shall be appointed by the
261	Governor and shall include state business leaders; state
262	legislative members; representative leaders of state and
263	nonpublic community colleges, colleges, universities, career
264	schools, and workforce education institutions and entities; and
265	national education and economic development policy leaders.
266	Section 7.  Subsection (3) of section 1000.21, Florida
267	Statutes, is amended to read:
268	1000.21  Systemwide definitions.-As used in the Florida K-
269	20 Education Code:
270	(3)  "Florida College System institution Florida college"
271	or "community college," except as otherwise specifically
272	provided, includes all of the following public postsecondary
273	educational institutions in the Florida College System and any
274	branch campuses, centers, or other affiliates of the
275	institution:
276	(a)  Brevard Community College, which serves Brevard
277	County.
278	(b)  Broward College, which serves Broward County.
279	(c)  College of Central Florida, which serves Citrus, Levy,
280	and Marion Counties.
281	(d)  Chipola College, which serves Calhoun, Holmes,
282	Jackson, Liberty, and Washington Counties.
283	(e)  Daytona State College, which serves Flagler and
284	Volusia Counties.
285	(f)  Edison State College, which serves Charlotte, Collier,
286	Glades, Hendry, and Lee Counties.
287	(g)  Florida State College at Jacksonville, which serves
288	Duval and Nassau Counties.
289	(h)  Florida Keys Community College, which serves Monroe
290	County.
291	(i)  Gulf Coast Community College, which serves Bay,
292	Franklin, and Gulf Counties.
293	(j)  Hillsborough Community College, which serves
294	Hillsborough County.
295	(k)  Indian River State College, which serves Indian River,
296	Martin, Okeechobee, and St. Lucie Counties.
297	(l)  Florida Gateway College, which serves Baker, Columbia,
298	Dixie, Gilchrist, and Union Counties.
299	(m)  Lake-Sumter Community College, which serves Lake and
300	Sumter Counties.
301	(n)  State College of Florida, Manatee-Sarasota, which
302	serves Manatee and Sarasota Counties.
303	(o)  Miami Dade College, which serves Miami-Dade County.
304	(p)  North Florida Community College, which serves
305	Hamilton, Jefferson, Lafayette, Madison, Suwannee, and Taylor
306	Counties.
307	(q)  Northwest Florida State College, which serves Okaloosa
308	and Walton Counties.
309	(r)  Palm Beach State College, which serves Palm Beach
310	County.
311	(s)  Pasco-Hernando Community College, which serves
312	Hernando and Pasco Counties.
313	(t)  Pensacola Junior College, which serves Escambia and
314	Santa Rosa Counties.
315	(u)  Polk State College, which serves Polk County.
316	(v)  St. Johns River Community College, which serves Clay,
317	Putnam, and St. Johns Counties.
318	(w)  St. Petersburg College, which serves Pinellas County.
319	(x)  Santa Fe College, which serves Alachua and Bradford
320	Counties.
321	(y)  Seminole State College of Florida, which serves
322	Seminole County.
323	(z)  South Florida Community College, which serves DeSoto,
324	Hardee, and Highlands Counties.
325	(aa)  Tallahassee Community College, which serves Gadsden,
326	Leon, and Wakulla Counties.
327	(bb)  Valencia Community College, which serves Orange and
328	Osceola Counties.
329	Section 8.  Paragraph (u) of subsection (2), paragraph (a)
330	of subsection (3), paragraphs (a), (b), (c), (d), (e), (f), and
331	(g) of subsection (4), and subsections (5) and (6) of section
332	1001.02, Florida Statutes, are amended to read:
333	1001.02  General powers of State Board of Education.-
334	(2)  The State Board of Education has the following duties:
335	(u)  To adopt criteria and implementation plans for future
336	growth issues, such as new Florida College System institutions
337	community colleges and Florida College System institution
338	community college campus mergers, and to provide for cooperative
339	agreements between and within public and private education
340	sectors.
341	(3)(a)  The State Board of Education shall adopt a
342	strategic plan that specifies goals and objectives for the
343	state's public schools and Florida College System institutions
344	community colleges. The plan shall be formulated in conjunction
345	with plans of the Board of Governors in order to provide for the
346	roles of the universities and Florida College System
347	institutions community colleges to be coordinated to best meet
348	state needs and reflect cost-effective use of state resources.
349	The strategic plan must clarify mission statements and identify
350	degree programs to be offered at each Florida College System
351	institution community college in accordance with the objectives
352	provided in this subsection. The strategic plan must cover a
353	period of 5 years, with modification of the program lists after
354	2 years. Development of each 5-year plan must be coordinated
355	with and initiated after completion of the master plan. The
356	strategic plans must specifically include programs and
357	procedures for responding to the educational needs of teachers
358	and students in the public schools of this state. The state
359	board shall submit a report to the President of the Senate and
360	the Speaker of the House of Representatives upon modification of
361	the plan.
362	(4)  The State Board of Education shall:
363	(a)  Provide for each Florida College System institution
364	community college to offer educational training and service
365	programs designed to meet the needs of both students and the
366	communities served.
367	(b)  Specify, by rule, procedures to be used by the Florida
368	College System institution community college boards of trustees
369	in the annual evaluations of presidents and review the
370	evaluations of presidents by the boards of trustees.
371	(c)  Establish, in conjunction with the Board of Governors,
372	an effective information system that will provide composite data
373	concerning the Florida College System institutions community
374	colleges and state universities and ensure that special analyses
375	and studies concerning the institutions are conducted, as
376	necessary, for provision of accurate and cost-effective
377	information concerning the institutions.
378	(d)  Establish criteria for making recommendations for
379	modifying district boundary lines for Florida College System
380	institutions community colleges.
381	(e)  Establish criteria for making recommendations
382	concerning all proposals for the establishment of additional
383	centers or campuses for Florida College System institutions
384	community colleges.
385	(f)  Examine the annual administrative review of each
386	Florida College System institution community college.
387	(g)  Specify, by rule, the college credit courses that may
388	be taken by Florida College System institution community college
389	students concurrently enrolled in college-preparatory
390	instruction.
391	(5)  The State Board of Education is responsible for
392	reviewing and administering the state program of support for the
393	Florida College System institutions community colleges and,
394	subject to existing law, shall establish the tuition and out-of-
395	state fees for college-preparatory instruction and for credit
396	instruction that may be counted toward an associate in arts
397	degree, an associate in applied science degree, or an associate
398	in science degree.
399	(6)  The State Board of Education shall prescribe minimum
400	standards, definitions, and guidelines for Florida College
401	System institutions community colleges that will ensure the
402	quality of education, coordination among the Florida College
403	System institutions community colleges and state universities,
404	and efficient progress toward accomplishing the Florida College
405	System institution community college mission. At a minimum,
406	these rules must address:
407	(a)  Personnel.
408	(b)  Contracting.
409	(c)  Program offerings and classification, including
410	college-level communication and computation skills associated
411	with successful performance in college and with tests and other
412	assessment procedures that measure student achievement of those
413	skills. The performance measures must provide that students
414	moving from one level of education to the next acquire the
415	necessary competencies for that level.
416	(d)  Provisions for curriculum development, graduation
417	requirements, college calendars, and program service areas.
418	These provisions must include rules that:
419	1.  Provide for the award of an associate in arts degree to
420	a student who successfully completes 60 semester credit hours at
421	the Florida College System institution community college.
422	2.  Require all of the credits accepted for the associate
423	in arts degree to be in the statewide course numbering system as
424	credits toward a baccalaureate degree offered by a state
425	university or a Florida College System institution community
426	college.
427	3.  Require no more than 36 semester credit hours in
428	general education courses in the subject areas of communication,
429	mathematics, social sciences, humanities, and natural sciences.
430
431	The rules should encourage Florida College System institutions
432	community colleges to enter into agreements with state
433	universities that allow Florida College System institution
434	community college students to complete upper-division-level
435	courses at a Florida College System institution community
436	college. An agreement may provide for concurrent enrollment at
437	the Florida College System institution community college and the
438	state university and may authorize the Florida College System
439	institution community college to offer an upper-division-level
440	course or distance learning.
441	(e)  Student admissions, conduct and discipline,
442	nonclassroom activities, and fees.
443	(f)  Budgeting.
444	(g)  Business and financial matters.
445	(h)  Student services.
446	(i)  Reports, surveys, and information systems, including
447	forms and dates of submission.
448	Section 9.  Subsections (10), (13), and (15) of section
449	1001.03, Florida Statutes, are amended to read:
450	1001.03  Specific powers of State Board of Education.-
451	(10)  COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
452	EDUCATION.-The State Board of Education, in conjunction with the
453	Board of Governors, shall develop and implement a common
454	placement test to assess the basic computation and communication
455	skills of students who intend to enter a degree program at any
456	Florida College System institution community college or state
457	university.
458	(13)  CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.-The
459	State Board of Education shall provide for the cyclic review of
460	all academic programs in Florida College System institutions
461	community colleges at least every 7 years. Program reviews shall
462	document how individual academic programs are achieving stated
463	student learning and program objectives within the context of
464	the institution's mission. The results of the program reviews
465	shall inform strategic planning, program development, and
466	budgeting decisions at the institutional level.
467	(15)   FLORIDA COLLEGE SYSTEM INSTITUTION COMMUNITY COLLEGE
468	BACCALAUREATE DEGREE PROGRAMS.-The State Board of Education
469	shall provide for the review and approval of proposals by
470	Florida College System institutions community colleges to offer
471	baccalaureate degree programs pursuant to s. 1007.33. A Florida
472	College System institution community college, as defined in s.
473	1000.21, that is approved to offer baccalaureate degrees
474	pursuant to s. 1007.33 remains under the authority of the State
475	Board of Education and the Florida College System institution's
476	community college's board of trustees.
477	Section 10.  Paragraph (k) of subsection (6) of section
478	1001.10, Florida Statutes, is amended to read:
479	1001.10  Commissioner of Education; general powers and
480	duties.-
481	(6)  Additionally, the commissioner has the following
482	general powers and duties:
483	(k)  To implement a program of school improvement and
484	education accountability designed to provide all students the
485	opportunity to make adequate learning gains in each year of
486	school as provided by statute and State Board of Education rule
487	based upon the achievement of the state education goals,
488	recognizing the following:
489	1.  The district school board is responsible for school and
490	student performance.
491	2.  The individual school is the unit for education
492	accountability.
493	3.  The Florida College System institution community
494	college board of trustees is responsible for Florida College
495	System institution community college performance and student
496	performance.
497	Section 11.  Paragraphs (d) and (e) of subsection (1) of
498	section 1001.11, Florida Statutes, are amended to read:
499	1001.11  Commissioner of Education; other duties.-
500	(1)  The Commissioner of Education must independently
501	perform the following duties:
502	(d)  Integrally work with the boards of trustees of the
503	Florida College System institutions community colleges.
504	(e)  Monitor the activities of the State Board of Education
505	and provide information related to current and pending policies
506	to the members of the boards of trustees of the Florida College
507	System institutions community colleges and state universities.
508	Section 12.  Paragraph (e) of subsection (4) of section
509	1001.20, Florida Statutes, is amended to read:
510	1001.20  Department under direction of state board.-
511	(4)  The Department of Education shall establish the
512	following offices within the Office of the Commissioner of
513	Education which shall coordinate their activities with all other
514	divisions and offices:
515	(e)  Office of Inspector General.-Organized using existing
516	resources and funds and responsible for promoting
517	accountability, efficiency, and effectiveness and detecting
518	fraud and abuse within school districts, the Florida School for
519	the Deaf and the Blind, and Florida College System institutions
520	community colleges in Florida. If the Commissioner of Education
521	determines that a district school board, the Board of Trustees
522	for the Florida School for the Deaf and the Blind, or a Florida
523	College System institution community college board of trustees
524	is unwilling or unable to address substantiated allegations made
525	by any person relating to waste, fraud, or financial
526	mismanagement within the school district, the Florida School for
527	the Deaf and the Blind, or the Florida College System
528	institution community college, the office shall conduct,
529	coordinate, or request investigations into such substantiated
530	allegations. The office shall have access to all information and
531	personnel necessary to perform its duties and shall have all of
532	its current powers, duties, and responsibilities authorized in
533	s. 20.055.
534	Section 13.  Subsection (2) and paragraphs (b) and (c) of
535	subsection (3) of section 1001.27, Florida Statutes, are amended
536	to read:
537	1001.27  State satellite network.-
538	(2)  The network shall consist of compatible satellite
539	receiving equipment at public educational institutions in each
540	of the 28 Florida College System institution community college
541	regions.
542	(3)  The department, in consultation with the Department of
543	Management Services, shall implement the provisions of this
544	section and coordinate the network. Specifically, the department
545	shall:
546	(b)  Acquire by competitive sealed bid and place
547	appropriate receiving equipment in those Florida College System
548	institution community college regions of the state in which such
549	equipment is presently not available at a public postsecondary
550	educational institution.
551	(c)  Develop an implementation plan that provides for
552	designation of a site in each Florida College System institution
553	community college region for inclusion in the initial network.
554	Criteria for selection shall include:
555	1.  Accessibility to a substantial portion of the
556	population of the region.
557	2.  Demonstrated institutional commitment to support and
558	encourage use of the network both within the region and
559	statewide.
560	3.  Willingness to complement state support with matching
561	institutional resources.
562	4.  Evidence of cooperation and coordinated planning with
563	other postsecondary educational institutions in the region.
564	5.  Availability of existing telecommunications equipment
565	which is compatible or adaptable for use in the network.
566	Section 14.  Section 1001.271, Florida Statutes, is amended
567	to read:
568	1001.271  Florida Information Resource Network.-Upon
569	requisition by school districts, Florida College System
570	institutions community colleges, universities, or other eligible
571	users of the Florida Information Resource Network, the
572	Commissioner of Education shall purchase the nondiscounted
573	portion of Internet access services, including, but not limited
574	to, circuits, encryption, content filtering, support, and any
575	other services needed for the effective and efficient operation
576	of the network. For the 2009-2010 fiscal year, each school
577	district, the Florida School for the Deaf and the Blind, and the
578	regional educational consortia eligible for the e-rate must
579	submit a requisition to the Commissioner of Education for at
580	least the same level of Internet access services used through
581	the Florida Information Resource Network contract in the 2008-
582	2009 fiscal year. Each user shall identify in its requisition
583	the source of funds from which the commissioner is to make
584	payments.
585	Section 15.  Section 1001.28, Florida Statutes, is amended
586	to read:
587	1001.28  Distance learning duties.-The duties of the
588	Department of Education concerning distance learning include,
589	but are not limited to, the duty to:
590	(1)  Facilitate the implementation of a statewide
591	coordinated system and resource system for cost-efficient
592	advanced telecommunications services and distance education
593	which will increase overall student access to education.
594	(2)  Coordinate the use of existing resources, including,
595	but not limited to, the state's satellite transponders, the
596	Florida Information Resource Network (FIRN), the Florida
597	Knowledge Network, and distance learning initiatives.
598	(3)  Assist in the coordination of the utilization of the
599	production and uplink capabilities available through Florida's
600	public television stations, eligible facilities, independent
601	colleges and universities, private firms, and others as needed.
602	(4)  Seek the assistance and cooperation of Florida's cable
603	television providers in the implementation of the statewide
604	advanced telecommunications services and distance learning
605	network.
606	(5)  Seek the assistance and cooperation of Florida's
607	telecommunications carriers to provide affordable student access
608	to advanced telecommunications services and to distance
609	learning.
610	(6)  Coordinate partnerships for development, acquisition,
611	use, and distribution of distance learning.
612	(7)  Secure and administer funding for programs and
613	activities for distance learning from federal, state, local, and
614	private sources and from fees derived from services and
615	materials.
616	(8)  Manage the state's satellite transponder resources and
617	enter into lease agreements to maximize the use of available
618	transponder time. All net revenue realized through the leasing
619	of available transponder time, after deducting the costs of
620	performing the management function, shall be recycled to support
621	the public education distance learning in this state based upon
622	an allocation formula of one-third to the Department of
623	Education, one-third to Florida College System institutions
624	community colleges, and one-third to state universities.
625	(9)  Hire appropriate staff which may include a position
626	that shall be exempt from part II of chapter 110 and is included
627	in the Senior Management Service in accordance with s. 110.205.
628
629	Nothing in this section shall be construed to abrogate,
630	supersede, alter, or amend the powers and duties of any state
631	agency, district school board, Florida College System
632	institution community college board of trustees, university
633	board of trustees, the Board of Governors, or the State Board of
634	Education.
635	Section 16.  Subsection (13) of section 1001.43, Florida
636	Statutes, is amended to read:
637	1001.43  Supplemental powers and duties of district school
638	board.-The district school board may exercise the following
639	supplemental powers and duties as authorized by this code or
640	State Board of Education rule.
641	(13)  COOPERATION WITH FLORIDA COLLEGE SYSTEM INSTITUTIONS
642	COMMUNITY COLLEGES.-The district school board shall work with
643	the Florida College System institutions community colleges in
644	the district to ensure that the Florida College System
645	institution community college students have access to remedial
646	education.
647	Section 17.  Subsection (2) of section 1001.60, Florida
648	Statutes, is amended to read:
649	1001.60  Florida College System.-
650	(2)  FLORIDA COLLEGE SYSTEM.-There shall be a single
651	Florida College System comprised of the Florida College System
652	institutions colleges identified in s. 1000.21(3). A Florida
653	College System institution college may not offer graduate degree
654	programs.
655	(a)  The programs and services offered by Florida College
656	System institutions colleges in providing associate and
657	baccalaureate degrees shall be delivered in a cost-effective
658	manner that demonstrates substantial savings to the student and
659	to the state over the cost of providing the degree at a state
660	university.
661	(b)1.  With the approval of its district board of trustees,
662	a Florida College System institution college may change the
663	institution's name set forth in s. 1000.21(3) and use the
664	designation "college" or "state college" if it has been
665	authorized to grant baccalaureate degrees pursuant to s. 1007.33
666	and has been accredited as a baccalaureate-degree-granting
667	institution by the Commission on Colleges of the Southern
668	Association of Colleges and Schools.
669	2.  With the approval of its district board of trustees, a
670	Florida College System institution college that does not meet
671	the criteria in subparagraph 1. may request approval from the
672	State Board of Education to change the institution's name set
673	forth in s. 1000.21(3) and use the designation "college." The
674	State Board of Education may approve the request if the Florida
675	College System institution college enters into an agreement with
676	the State Board of Education to do the following:
677	a.  Maintain as its primary mission responsibility for
678	responding to community needs for postsecondary academic
679	education and career degree education as prescribed in s.
680	1004.65(5).
681	b.  Maintain an open-door admissions policy for associate-
682	level degree programs and workforce education programs.
683	c.  Continue to provide outreach to underserved
684	populations.
685	d.  Continue to provide remedial education.
686	e.  Comply with all provisions of the statewide
687	articulation agreement that relate to 2-year and 4-year public
688	degree-granting institutions as adopted by the State Board of
689	Education pursuant to s. 1007.23.
690	(c)  A district board of trustees that approves a change to
691	the name of an institution under paragraph (b) must seek
692	statutory codification of such name change in s. 1000.21(3)
693	during the next regular legislative session.
694	(d)  A Florida College System institution college may not
695	use the designation "university."
696	Section 18.  Section 1001.61, Florida Statutes, is amended
697	to read:
698	1001.61  Florida College System institution Community
699	college boards of trustees; membership.-
700	(1) Florida College System institution Community college
701	boards of trustees shall be comprised of five members when a
702	Florida College System institution community college district is
703	confined to one school board district; seven members when a
704	Florida College System institution community college district is
705	confined to one school board district and the board of trustees
706	so elects; and not more than nine members when the district
707	contains two or more school board districts, as provided by
708	rules of the State Board of Education. However, Florida State
709	College at Jacksonville shall have an odd number of trustees.
710	(2)  Trustees shall be appointed by the Governor and
711	confirmed by the Senate in regular session.
712	(3)  Members of the board of trustees shall receive no
713	compensation but may receive reimbursement for expenses as
714	provided in s. 112.061.
715	(4)  At its first regular meeting after July 1 of each
716	year, each Florida College System institution community college
717	board of trustees shall organize by electing a chair, whose duty
718	as such is to preside at all meetings of the board, to call
719	special meetings thereof, and to attest to actions of the board,
720	and a vice chair, whose duty as such is to act as chair during
721	the absence or disability of the elected chair. It is the
722	further duty of the chair of each board of trustees to notify
723	the Governor, in writing, whenever a board member fails to
724	attend three consecutive regular board meetings in any one
725	fiscal year, which absences may be grounds for removal.
726	(5)  A Florida College System institution community college
727	president shall serve as the executive officer and corporate
728	secretary of the board of trustees and shall be responsible to
729	the board of trustees for setting the agenda for meetings of the
730	board of trustees in consultation with the chair. The president
731	also serves as the chief administrative officer of the Florida
732	College System institution community college, and all the
733	components of the institution and all aspects of its operation
734	are responsible to the board of trustees through the president.
735	Section 19.  Section 1001.62, Florida Statutes, is amended
736	to read:
737	1001.62  Transfer of benefits arising under local or
738	special acts.-All local or special acts in force on July 1,
739	1968, that provide benefits for a Florida College System
740	institution community college through a district school board
741	shall continue in full force and effect, and such benefits shall
742	be transmitted to the Florida College System institution
743	community college board of trustees.
744	Section 20.  Section 1001.63, Florida Statutes, is amended
745	to read:
746	1001.63   Florida College System institution Community
747	college board of trustees; board of trustees to constitute a
748	corporation.-Each Florida College System institution community
749	college board of trustees is constituted a body corporate by the
750	name of "The District Board of Trustees of ...(name of Florida
751	College System institution community college)..., Florida" with
752	all the powers and duties of a body corporate, including the
753	power to adopt a corporate seal, to contract and be contracted
754	with, to sue or be sued, to plead and be impleaded in all courts
755	of law or equity, and to give and receive donations. In all
756	suits against a board of trustees, service of process shall be
757	made on the chair of the board of trustees or, in the absence of
758	the chair, the corporate secretary or designee of the chair.
759	Section 21.  Section 1001.64, Florida Statutes, is amended
760	to read:
761	1001.64   Florida College System institution Community
762	college boards of trustees; powers and duties.-
763	(1)  The boards of trustees shall be responsible for cost-
764	effective policy decisions appropriate to the Florida College
765	System institution's community college's mission, the
766	implementation and maintenance of high-quality education
767	programs within law and rules of the State Board of Education,
768	the measurement of performance, the reporting of information,
769	and the provision of input regarding state policy, budgeting,
770	and education standards.
771	(2)  Each board of trustees is vested with the
772	responsibility to govern its respective Florida College System
773	institution community college and with such necessary authority
774	as is needed for the proper operation and improvement thereof in
775	accordance with rules of the State Board of Education.
776	(3)  A board of trustees shall have the power to take
777	action without a recommendation from the president and shall
778	have the power to require the president to deliver to the board
779	of trustees all data and information required by the board of
780	trustees in the performance of its duties.
781	(4)(a)  The board of trustees, after considering
782	recommendations submitted by the Florida College System
783	institution community college president, may adopt rules
784	pursuant to ss. 120.536(1) and 120.54 to implement the
785	provisions of law conferring duties upon it. These rules may
786	supplement those prescribed by the State Board of Education if
787	they will contribute to the more orderly and efficient operation
788	of Florida College System institutions community colleges.
789	(b)  Each board of trustees is specifically authorized to
790	adopt rules, procedures, and policies, consistent with law and
791	rules of the State Board of Education, related to its mission
792	and responsibilities as set forth in s. 1004.65, its governance,
793	personnel, budget and finance, administration, programs,
794	curriculum and instruction, buildings and grounds, travel and
795	purchasing, technology, students, contracts and grants, or
796	college property.
797	(5)  Each board of trustees shall have responsibility for
798	the use, maintenance, protection, and control of Florida College
799	System institution community college owned or Florida College
800	System institution community college controlled buildings and
801	grounds, property and equipment, name, trademarks and other
802	proprietary marks, and the financial and other resources of the
803	Florida College System institution community college. Such
804	authority may include placing restrictions on activities and on
805	access to facilities, firearms, food, tobacco, alcoholic
806	beverages, distribution of printed materials, commercial
807	solicitation, animals, and sound.
808	(6)  Each board of trustees has responsibility for the
809	establishment and discontinuance of program and course offerings
810	in accordance with law and rule; provision for instructional and
811	noninstructional community services, location of classes, and
812	services provided; and dissemination of information concerning
813	such programs and services. New programs must be approved
814	pursuant to s. 1004.03.
815	(7)  Each board of trustees has responsibility for:
816	ensuring that students have access to general education courses
817	as identified in rule; requiring no more than 60 semester hours
818	of degree program coursework, including 36 semester hours of
819	general education coursework, for an associate in arts degree;
820	notifying students that earned hours in excess of 60 semester
821	hours may not be accepted by state universities; notifying
822	students of unique program prerequisites; and ensuring that
823	degree program coursework beyond general education coursework is
824	consistent with degree program prerequisite requirements adopted
825	pursuant to s. 1007.25(5).
826	(8)  Each board of trustees has authority for policies
827	related to students, enrollment of students, student records,
828	student activities, financial assistance, and other student
829	services.
830	(a)  Each board of trustees shall govern admission of
831	students pursuant to s. 1007.263 and rules of the State Board of
832	Education. A board of trustees may establish additional
833	admissions criteria, which shall be included in the district
834	interinstitutional articulation agreement developed according to
835	s. 1007.235, to ensure student readiness for postsecondary
836	instruction. Each board of trustees may consider the past
837	actions of any person applying for admission or enrollment and
838	may deny admission or enrollment to an applicant because of
839	misconduct if determined to be in the best interest of the
840	Florida College System institution community college.
841	(b)  Each board of trustees shall adopt rules establishing
842	student performance standards for the award of degrees and
843	certificates pursuant to s. 1004.68.
844	(c)  Boards of trustees are authorized to establish
845	intrainstitutional and interinstitutional programs to maximize
846	articulation pursuant to s. 1007.22.
847	(d)  Boards of trustees shall identify their core
848	curricula, which shall include courses required by the State
849	Board of Education, pursuant to the provisions of s. 1007.25(6).
850	(e)  Each board of trustees must adopt a written antihazing
851	policy, provide a program for the enforcement of such rules, and
852	adopt appropriate penalties for violations of such rules
853	pursuant to the provisions of s. 1006.63.
854	(f)  Each board of trustees may establish a uniform code of
855	conduct and appropriate penalties for violation of its rules by
856	students and student organizations, including rules governing
857	student academic honesty. Such penalties, unless otherwise
858	provided by law, may include fines, the withholding of diplomas
859	or transcripts pending compliance with rules or payment of
860	fines, and the imposition of probation, suspension, or
861	dismissal.
862	(g)  Each board of trustees pursuant to s. 1006.53 shall
863	adopt a policy in accordance with rules of the State Board of
864	Education that reasonably accommodates the religious observance,
865	practice, and belief of individual students in regard to
866	admissions, class attendance, and the scheduling of examinations
867	and work assignments.
868	(9)  A board of trustees may contract with the board of
869	trustees of a state university for the Florida College System
870	institution community college to provide college-preparatory
871	instruction on the state university campus.
872	(10)  Each board of trustees shall establish fees pursuant
873	to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
874	(11)  Each board of trustees shall submit an institutional
875	budget request, including a request for fixed capital outlay,
876	and an operating budget to the State Board of Education for
877	approval in accordance with guidelines established by the State
878	Board of Education.
879	(12)  Each board of trustees shall account for expenditures
880	of all state, local, federal and other funds in the manner
881	described by the Department of Education.
882	(13)  Each board of trustees is responsible for the uses
883	for the proceeds of academic improvement trust funds pursuant to
884	s. 1011.85.
885	(14)  Each board of trustees shall develop a strategic plan
886	specifying institutional goals and objectives for the Florida
887	College System institution community college for recommendation
888	to the State Board of Education.
889	(15)  Each board of trustees shall develop an
890	accountability plan pursuant to s. 1008.45.
891	(16)  Each board of trustees must expend performance funds
892	provided for workforce education pursuant to the provisions of
893	s. 1011.80.
894	(17)  Each board of trustees is accountable for performance
895	in certificate career education and diploma programs pursuant to
896	s. 1008.43.
897	(18)  Each board of trustees shall establish the personnel
898	program for all employees of the Florida College System
899	institution community college, including the president, pursuant
900	to the provisions of chapter 1012 and rules and guidelines of
901	the State Board of Education, including: compensation and other
902	conditions of employment; recruitment and selection;
903	nonreappointment; standards for performance and conduct;
904	evaluation; benefits and hours of work; leave policies;
905	recognition; inventions and work products; travel; learning
906	opportunities; exchange programs; academic freedom and
907	responsibility; promotion; assignment; demotion; transfer;
908	ethical obligations and conflict of interest; restrictive
909	covenants; disciplinary actions; complaints; appeals and
910	grievance procedures; and separation and termination from
911	employment.
912	(19)  Each board of trustees shall appoint, suspend, or
913	remove the president of the Florida College System institution
914	community college. The board of trustees may appoint a search
915	committee. The board of trustees shall conduct annual
916	evaluations of the president in accordance with rules of the
917	State Board of Education and submit such evaluations to the
918	State Board of Education for review. The evaluation must address
919	the achievement of the performance goals established by the
920	accountability process implemented pursuant to s. 1008.45 and
921	the performance of the president in achieving the annual and
922	long-term goals and objectives established in the Florida
923	College System institution's community college's employment
924	accountability program implemented pursuant to s. 1012.86.
925	(20)  Each board of trustees is authorized to enter into
926	contracts to provide a State Community College System Optional
927	Retirement Program pursuant to s. 1012.875 and to enter into
928	consortia with other boards of trustees for this purpose.
929	(21)  Each board of trustees is authorized to purchase
930	annuities for its Florida College System institution community
931	college personnel who have 25 or more years of creditable
932	service and who have reached age 55 and have applied for
933	retirement under the Florida Retirement System pursuant to the
934	provisions of s. 1012.87.
935	(22)  A board of trustees may defray all costs of defending
936	civil actions against officers, employees, or agents of the
937	board of trustees pursuant to s. 1012.85.
938	(23)  Each board of trustees has authority for risk
939	management, safety, security, and law enforcement operations.
940	Each board of trustees is authorized to employ personnel,
941	including police officers pursuant to s. 1012.88, to carry out
942	the duties imposed by this subsection.
943	(24)  Each board of trustees shall provide rules governing
944	parking and the direction and flow of traffic within campus
945	boundaries. Except for sworn law enforcement personnel, persons
946	employed to enforce campus parking rules have no authority to
947	arrest or issue citations for moving traffic violations. The
948	board of trustees may adopt a uniform code of appropriate
949	penalties for violations. Such penalties, unless otherwise
950	provided by law, may include the levying of fines, the
951	withholding of diplomas or transcripts pending compliance with
952	rules or payment of fines, and the imposition of probation,
953	suspension, or dismissal. Moneys collected from parking rule
954	infractions shall be deposited in appropriate funds at each
955	Florida College System institution community college for student
956	financial aid purposes.
957	(25)  Each board of trustees constitutes the contracting
958	agent of the Florida College System institution community
959	college. It may when acting as a body make contracts, sue, and
960	be sued in the name of the board of trustees. In any suit, a
961	change in personnel of the board of trustees shall not abate the
962	suit, which shall proceed as if such change had not taken place.
963	(26)  Each board of trustees is authorized to contract for
964	the purchase, sale, lease, license, or acquisition in any
965	manner, including purchase by installment or lease-purchase
966	contract which may provide for the payment of interest on the
967	unpaid portion of the purchase price and for the granting of a
968	security interest in the items purchased, subject to the
969	provisions of subsection (38) and ss. 1009.22 and 1009.23, of
970	goods, materials, equipment, and services required by the
971	Florida College System institution community college. The board
972	of trustees may choose to consolidate equipment contracts under
973	master equipment financing agreements made pursuant to s.
974	287.064.
975	(27)  Each board of trustees shall be responsible for
976	managing and protecting real and personal property acquired or
977	held in trust for use by and for the benefit of such Florida
978	College System institution community college. To that end, any
979	board of trustees is authorized to be self-insured, to enter
980	into risk management programs, or to purchase insurance for
981	whatever coverage it may choose, or to have any combination
982	thereof, in anticipation of any loss, damage, or destruction. A
983	board of trustees may contract for self-insurance services
984	pursuant to s. 1004.725.
985	(28)  Each board of trustees is authorized to enter into
986	agreements for, and accept, credit card, charge card, and debit
987	card payments as compensation for goods, services, tuition, and
988	fees. Each Florida College System institution community college
989	is further authorized to establish accounts in credit card,
990	charge card, and debit card banks for the deposit of sales
991	invoices.
992	(29)  Each board of trustees may provide incubator
993	facilities to eligible small business concerns pursuant to s.
994	1004.79.
995	(30)  Each board of trustees may establish a technology
996	transfer center for the purpose of providing institutional
997	support to local business and industry and governmental agencies
998	in the application of new research in technology pursuant to the
999	provisions of s. 1004.78.
1000	(31)  Each board of trustees may establish economic
1001	development centers for the purpose of serving as liaisons
1002	between Florida College System institutions community colleges
1003	and the business sector pursuant to the provisions of s.
1004	1004.80.
1005	(32)  Each board of trustees may establish a child
1006	development training center pursuant to s. 1004.81.
1007	(33)  Each board of trustees is authorized to develop and
1008	produce work products relating to educational endeavors that are
1009	subject to trademark, copyright, or patent statutes pursuant to
1010	chapter 1004.
1011	(34)  Each board of trustees shall administer the
1012	facilities program pursuant to chapter 1013, including but not
1013	limited to: the construction of public educational and ancillary
1014	plants; the acquisition and disposal of property; compliance
1015	with building and life safety codes; submission of data and
1016	information relating to facilities and construction; use of
1017	buildings and grounds; establishment of safety and sanitation
1018	programs for the protection of building occupants; and site
1019	planning and selection.
1020	(35)  Each board of trustees may exercise the right of
1021	eminent domain pursuant to the provisions of chapter 1013.
1022	(36)  Each board of trustees may enter into lease-purchase
1023	arrangements with private individuals or corporations for
1024	necessary grounds and buildings for Florida College System
1025	institution community college purposes, other than dormitories,
1026	or for buildings other than dormitories to be erected for
1027	Florida College System institution community college purposes.
1028	Such arrangements shall be paid from capital outlay and debt
1029	service funds as provided by s. 1011.84(2), with terms not to
1030	exceed 30 years at a stipulated rate. The provisions of such
1031	contracts, including building plans, are subject to approval by
1032	the Department of Education, and no such contract may be entered
1033	into without such approval.
1034	(37)  Each board of trustees may purchase, acquire,
1035	receive, hold, own, manage, lease, sell, dispose of, and convey
1036	title to real property, in the best interests of the Florida
1037	College System institution community college.
1038	(38)  Each board of trustees is authorized to enter into
1039	short-term loans and installment, lease-purchase, and other
1040	financing contracts for a term of not more than 5 years,
1041	including renewals, extensions, and refundings. Payments on
1042	short-term loans and installment, lease-purchase, and other
1043	financing contracts pursuant to this subsection shall be subject
1044	to annual appropriation by the board of trustees. Each board of
1045	trustees is authorized to borrow funds and incur long-term debt,
1046	including promissory notes, installment sales agreements, lease-
1047	purchase agreements, certificates of participation, and other
1048	similar long-term financing arrangements, only as specifically
1049	provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
1050	the option of the board of trustees, bonds issued pursuant to
1051	ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
1052	by a combination of revenues authorized to be pledged to bonds
1053	pursuant to such subsections. Revenue bonds may not be secured
1054	by or paid from, directly or indirectly, tuition, financial aid
1055	fees, the Florida College System Community College Program Fund,
1056	or any other operating revenues of a Florida College System
1057	institution community college. Lease-purchase agreements may be
1058	secured by a combination of revenues as specifically authorized
1059	pursuant to ss. 1009.22(7) and 1009.23(10).
1060	(39)  Each board of trustees shall prescribe conditions for
1061	direct-support organizations to be certified and to use Florida
1062	College System institution community college property and
1063	services. Conditions relating to certification must provide for
1064	audit review and oversight by the board of trustees.
1065	(40)  Each board of trustees may adopt policies pursuant to
1066	s. 1010.02 that provide procedures for transferring to the
1067	direct-support organization of that Florida College System
1068	institution community college for administration by such
1069	organization contributions made to the Florida College System
1070	institution community college.
1071	(41)  The board of trustees shall exert every effort to
1072	collect all delinquent accounts pursuant to s. 1010.03.
1073	(42)  Each board of trustees shall implement a plan, in
1074	accordance with guidelines of the State Board of Education, for
1075	working on a regular basis with the other Florida College System
1076	institution community college boards of trustees,
1077	representatives of the university boards of trustees, and
1078	representatives of the district school boards to achieve the
1079	goals of the seamless education system.
1080	(43)  Each board of trustees has responsibility for
1081	compliance with state and federal laws, rules, regulations, and
1082	requirements.
1083	(44)  Each board of trustees may adopt rules, procedures,
1084	and policies related to institutional governance,
1085	administration, and management in order to promote orderly and
1086	efficient operation, including, but not limited to, financial
1087	management, budget management, physical plant management, and
1088	property management.
1089	(45)  Each board of trustees may adopt rules and procedures
1090	related to data or technology, including, but not limited to,
1091	information systems, communications systems, computer hardware
1092	and software, and networks.
1093	(46)  Each board of trustees may consider the past actions
1094	of any person applying for employment and may deny employment to
1095	a person because of misconduct if determined to be in the best
1096	interest of the Florida College System institution community
1097	college.
1098	(47)  A board of trustees may not enter into an employment
1099	contract that requires the Florida College System institution
1100	community college to pay a Florida College System institution
1101	community college president an amount from state funds in excess
1102	of 1 year of the president's annual salary for termination,
1103	buyout, or any other type of contract settlement. This
1104	subsection does not prohibit the payment of leave and benefits
1105	accrued by the president in accordance with the Florida College
1106	System institution's community college's leave and benefits
1107	policies before the contract terminates.
1108	Section 22.  Section 1001.65, Florida Statutes, is amended
1109	to read:
1110	1001.65  Florida College System institution Community
1111	college presidents; powers and duties.-The president is the
1112	chief executive officer of the Florida College System
1113	institution community college, shall be corporate secretary of
1114	the Florida College System institution community college board
1115	of trustees, and is responsible for the operation and
1116	administration of the Florida College System institution
1117	community college. Each Florida College System institution
1118	community college president shall:
1119	(1)  Recommend the adoption of rules, as appropriate, to
1120	the Florida College System institution community college board
1121	of trustees to implement provisions of law governing the
1122	operation and administration of the Florida College System
1123	institution community college, which shall include the specific
1124	powers and duties enumerated in this section. Such rules shall
1125	be consistent with law, the mission of the Florida College
1126	System institution community college and the rules and policies
1127	of the State Board of Education.
1128	(2)  Prepare a budget request and an operating budget
1129	pursuant to s. 1011.30 for approval by the Florida College
1130	System institution community college board of trustees at such
1131	time and in such format as the State Board of Education may
1132	prescribe.
1133	(3)  Establish and implement policies and procedures to
1134	recruit, appoint, transfer, promote, compensate, evaluate,
1135	reward, demote, discipline, and remove personnel, within law and
1136	rules of the State Board of Education and in accordance with
1137	rules or policies approved by the Florida College System
1138	institution community college board of trustees.
1139	(4)  Govern admissions, subject to law and rules or
1140	policies of the Florida College System institution community
1141	college board of trustees and the State Board of Education.
1142	(5)  Approve, execute, and administer contracts for and on
1143	behalf of the Florida College System institution community
1144	college board of trustees for licenses; the acquisition or
1145	provision of commodities, goods, equipment, and services; leases
1146	of real and personal property; and planning and construction to
1147	be rendered to or by the Florida College System institution
1148	community college, provided such contracts are within law and
1149	guidelines of the State Board of Education and in conformance
1150	with policies of the Florida College System institution
1151	community college board of trustees, and are for the
1152	implementation of approved programs of the Florida College
1153	System institution community college.
1154	(6)  Act for the Florida College System institution
1155	community college board of trustees as custodian of all Florida
1156	College System institution community college property and
1157	financial resources. The authority vested in the Florida College
1158	System institution community college president under this
1159	subsection includes the authority to prioritize the use of
1160	Florida College System institution community college space,
1161	property, equipment, and resources and the authority to impose
1162	charges for the use of those items.
1163	(7)  Establish the internal academic calendar of the
1164	Florida College System institution community college within
1165	general guidelines of the State Board of Education.
1166	(8)  Administer the Florida College System institution's
1167	community college's program of intercollegiate athletics.
1168	(9)  Recommend to the board of trustees the establishment
1169	and termination of programs within the approved role and scope
1170	of the Florida College System institution community college.
1171	(10)  Award degrees.
1172	(11)  Recommend to the board of trustees a schedule of
1173	tuition and fees to be charged by the Florida College System
1174	institution community college, within law and rules of the State
1175	Board of Education.
1176	(12)  Organize the Florida College System institution
1177	community college to efficiently and effectively achieve the
1178	goals of the Florida College System institution community
1179	college.
1180	(13)  Review periodically the operations of the Florida
1181	College System institution community college in order to
1182	determine how effectively and efficiently the Florida College
1183	System institution community college is being administered and
1184	whether it is meeting the goals of its strategic plan adopted by
1185	the State Board of Education.
1186	(14)  Enter into agreements for student exchange programs
1187	that involve students at the Florida College System institution
1188	community college and students in other institutions of higher
1189	learning.
1190	(15)  Approve the internal procedures of student government
1191	organizations and provide purchasing, contracting, and budgetary
1192	review processes for these organizations.
1193	(16)  Ensure compliance with federal and state laws, rules,
1194	regulations, and other requirements that are applicable to the
1195	Florida College System institution community college.
1196	(17)  Maintain all data and information pertaining to the
1197	operation of the Florida College System institution community
1198	college, and report on the attainment by the Florida College
1199	System institution community college of institutional and
1200	statewide performance accountability goals.
1201	(18)  Certify to the department a project's compliance with
1202	the requirements for expenditure of PECO funds prior to release
1203	of funds pursuant to the provisions of chapter 1013.
1204	(19)  Provide to the law enforcement agency and fire
1205	department that has jurisdiction over the Florida College System
1206	institution community college a copy of the floor plans and
1207	other relevant documents for each educational facility as
1208	defined in s. 1013.01(6). After the initial submission of the
1209	floor plans and other relevant documents, the Florida College
1210	System institution community college president shall submit, by
1211	October 1 of each year, revised floor plans and other relevant
1212	documents for each educational facility that was modified during
1213	the preceding year.
1214	(20)  Establish a committee to consider requests for
1215	waivers from the provisions of s. 1008.29 and approve or
1216	disapprove the committee's recommendations.
1217	(21)  Develop and implement jointly with school
1218	superintendents a comprehensive articulated acceleration
1219	program, including a comprehensive interinstitutional
1220	articulation agreement, for the students enrolled in their
1221	respective school districts and service areas pursuant to the
1222	provisions of s. 1007.235.
1223	(22)  Have authority, after notice to the student of the
1224	charges and after a hearing thereon, to expel, suspend, or
1225	otherwise discipline any student who is found to have violated
1226	any law, ordinance, or rule or regulation of the State Board of
1227	Education or of the board of trustees of the Florida College
1228	System institution community college pursuant to the provisions
1229	of s. 1006.62.
1230	(23)  Submit an annual employment accountability plan to
1231	the Department of Education pursuant to the provisions of s.
1232	1012.86.
1233	(24)  Annually evaluate, or have a designee annually
1234	evaluate, each department chairperson, dean, provost, and vice
1235	president in achieving the annual and long-term goals and
1236	objectives of the Florida College System institution's community
1237	college's employment accountability plan.
1238	(25)  Have vested with the president or the president's
1239	designee the authority that is vested with the Florida College
1240	System institution community college.
1241	Section 23.  Paragraph (b) of subsection (2) of section
1242	1001.705, Florida Statutes, is amended to read:
1243	1001.705  Responsibility for the State University System
1244	under s. 7, Art. IX of the State Constitution.-
1245	(2)  CONSTITUTIONAL DUTIES OF THE BOARD OF GOVERNORS OF THE
1246	STATE UNIVERSITY SYSTEM.-In accordance with s. 7, Art. IX of the
1247	State Constitution, the Board of Governors of the State
1248	University System has the duty to operate, regulate, control,
1249	and be fully responsible for the management of the whole
1250	publicly funded State University System and the board, or the
1251	board's designee, has responsibility for:
1252	(b)  Defining the articulation of each constituent
1253	university in conjunction with the Legislature's authority over
1254	the public schools and Florida College System institutions
1255	community colleges.
1256	Section 24.  Subsection (9) of section 1001.706, Florida
1257	Statutes, is amended to read:
1258	1001.706  Powers and duties of the Board of Governors.-
1259	(9)  COOPERATION WITH OTHER BOARDS.-The Board of Governors
1260	shall implement a plan for working on a regular basis with the
1261	State Board of Education, the Commission for Independent
1262	Education, the university boards of trustees, representatives of
1263	the Florida College System institution community college boards
1264	of trustees, representatives of the private colleges and
1265	universities, and representatives of the district school boards
1266	to achieve a seamless education system.
1267	Section 25.  Paragraph (d) of subsection (19) of section
1268	1002.20, Florida Statutes, is amended to read:
1269	1002.20  K-12 student and parent rights.-Parents of public
1270	school students must receive accurate and timely information
1271	regarding their child's academic progress and must be informed
1272	of ways they can help their child to succeed in school. K-12
1273	students and their parents are afforded numerous statutory
1274	rights including, but not limited to, the following:
1275	(19)  INSTRUCTIONAL MATERIALS.-
1276	(d)  Dual enrollment students.-Instructional materials
1277	purchased by a district school board or Florida College System
1278	institution community college board of trustees on behalf of
1279	public school dual enrollment students shall be made available
1280	to the dual enrollment students free of charge, in accordance
1281	with the provisions of s. 1007.271(14) and (15).
1282	Section 26.  Subsections (4) and (5) of section 1002.21,
1283	Florida Statutes, are amended to read:
1284	1002.21  Postsecondary student and parent rights.-
1285	(4)  STUDENT HANDBOOKS.-Each state university and Florida
1286	College System institution community college shall provide its
1287	students with an up-to-date student handbook that includes
1288	student rights and responsibilities, appeals processes available
1289	to students, contact persons available to help students, student
1290	conduct code, and information regarding HIV and AIDS, in
1291	accordance with the provisions of s. 1006.50.
1292	(5)  STUDENT OMBUDSMAN OFFICE.-Each state university and
1293	Florida College System institution community college shall
1294	maintain a student ombudsman office and established procedures
1295	for students to appeal to the office regarding decisions about
1296	the student's access to courses and credit granted toward the
1297	student's degree, in accordance with the provisions of s.
1298	1006.51.
1299	Section 27.  Paragraph (b) of subsection (5) and paragraph
1300	(c) of subsection (18) of section 1002.33, Florida Statutes, are
1301	amended to read:
1302	1002.33  Charter schools.-
1303	(5)  SPONSOR; DUTIES.-
1304	(b)  Sponsor duties.-
1305	1.a.  The sponsor shall monitor and review the charter
1306	school in its progress toward the goals established in the
1307	charter.
1308	b.  The sponsor shall monitor the revenues and expenditures
1309	of the charter school and perform the duties provided in s.
1310	1002.345.
1311	c.  The sponsor may approve a charter for a charter school
1312	before the applicant has identified space, equipment, or
1313	personnel, if the applicant indicates approval is necessary for
1314	it to raise working funds.
1315	d.  The sponsor's policies shall not apply to a charter
1316	school unless mutually agreed to by both the sponsor and the
1317	charter school.
1318	e.  The sponsor shall ensure that the charter is innovative
1319	and consistent with the state education goals established by s.
1320	1000.03(5).
1321	f.  The sponsor shall ensure that the charter school
1322	participates in the state's education accountability system. If
1323	a charter school falls short of performance measures included in
1324	the approved charter, the sponsor shall report such shortcomings
1325	to the Department of Education.
1326	g.  The sponsor shall not be liable for civil damages under
1327	state law for personal injury, property damage, or death
1328	resulting from an act or omission of an officer, employee,
1329	agent, or governing body of the charter school.
1330	h.  The sponsor shall not be liable for civil damages under
1331	state law for any employment actions taken by an officer,
1332	employee, agent, or governing body of the charter school.
1333	i.  The sponsor's duties to monitor the charter school
1334	shall not constitute the basis for a private cause of action.
1335	j.  The sponsor shall not impose additional reporting
1336	requirements on a charter school without providing reasonable
1337	and specific justification in writing to the charter school.
1338	2.  Immunity for the sponsor of a charter school under
1339	subparagraph 1. applies only with respect to acts or omissions
1340	not under the sponsor's direct authority as described in this
1341	section.
1342	3.  This paragraph does not waive a district school board's
1343	sovereign immunity.
1344	4.  A Florida College System institution community college
1345	may work with the school district or school districts in its
1346	designated service area to develop charter schools that offer
1347	secondary education. These charter schools must include an
1348	option for students to receive an associate degree upon high
1349	school graduation. District school boards shall cooperate with
1350	and assist the Florida College System institution community
1351	college on the charter application. Florida College System
1352	institution Community college applications for charter schools
1353	are not subject to the time deadlines outlined in subsection (6)
1354	and may be approved by the district school board at any time
1355	during the year. Florida College System institutions Community
1356	colleges may not report FTE for any students who receive FTE
1357	funding through the Florida Education Finance Program.
1358	(18)  FACILITIES.-
1359	(c)  Any facility, or portion thereof, used to house a
1360	charter school whose charter has been approved by the sponsor
1361	and the governing board, pursuant to subsection (7), shall be
1362	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
1363	community service, museum, performing arts, theatre, cinema,
1364	church, Florida College System institution community college,
1365	college, and university facilities may provide space to charter
1366	schools within their facilities under their preexisting zoning
1367	and land use designations.
1368	Section 28.  Subsections (1), (3), (4), (5), (6), (8), and
1369	(9), paragraphs (b) and (c) of subsection (11), paragraphs (e),
1370	(g), and (h) of subsection (12), and subsections (14) and (16)
1371	of section 1002.34, Florida Statutes, are amended to read:
1372	1002.34  Charter technical career centers.-
1373	(1)  AUTHORIZATION.-The Legislature finds that the
1374	establishment of charter technical career centers can assist in
1375	promoting advances and innovations in workforce preparation and
1376	economic development. A charter technical career center may
1377	provide a learning environment that better serves the needs of a
1378	specific population group or a group of occupations, thus
1379	promoting diversity and choices within the public education and
1380	public postsecondary technical education community in this
1381	state. Therefore, the creation of such centers is authorized as
1382	part of the state's program of public education. A charter
1383	technical career center may be formed by creating a new school
1384	or converting an existing school district or Florida College
1385	System institution community college program to charter
1386	technical status.
1387	(3)  DEFINITIONS.-As used in this section, the term:
1388	(a)  "Charter technical career center" or "center" means a
1389	public school or a public technical center operated under a
1390	charter granted by a district school board or Florida College
1391	System institution community college board of trustees or a
1392	consortium, including one or more district school boards and
1393	Florida College System institution community college boards of
1394	trustees, that includes the district in which the facility is
1395	located, that is nonsectarian in its programs, admission
1396	policies, employment practices, and operations, and is managed
1397	by a board of directors.
1398	(b)  "Sponsor" means a district school board, a Florida
1399	College System institution community college board of trustees,
1400	or a consortium of one or more of each.
1401	(4)  CHARTER.-A sponsor may designate centers as provided
1402	in this section. An application to establish a center may be
1403	submitted by a sponsor or another organization that is
1404	determined, by rule of the State Board of Education, to be
1405	appropriate. However, an independent school is not eligible for
1406	status as a center. The charter must be signed by the governing
1407	body of the center and the sponsor and must be approved by the
1408	district school board and Florida College System institution
1409	community college board of trustees in whose geographic region
1410	the facility is located. If a charter technical career center is
1411	established by the conversion to charter status of a public
1412	technical center formerly governed by a district school board,
1413	the charter status of that center takes precedence in any
1414	question of governance. The governance of the center or of any
1415	program within the center remains with its board of directors
1416	unless the board agrees to a change in governance or its charter
1417	is revoked as provided in subsection (15). Such a conversion
1418	charter technical career center is not affected by a change in
1419	the governance of public technical centers or of programs within
1420	other centers that are or have been governed by district school
1421	boards. A charter technical career center, or any program within
1422	such a center, that was governed by a district school board and
1423	transferred to a Florida College System institution community
1424	college prior to the effective date of this act is not affected
1425	by this provision. An applicant who wishes to establish a center
1426	must submit to the district school board or Florida College
1427	System institution community college board of trustees, or a
1428	consortium of one or more of each, an application on a form
1429	developed by the Department of Education which includes:
1430	(a)  The name of the proposed center.
1431	(b)  The proposed structure of the center, including a list
1432	of proposed members of the board of directors or a description
1433	of the qualifications for and method of their appointment or
1434	election.
1435	(c)  The workforce development goals of the center, the
1436	curriculum to be offered, and the outcomes and the methods of
1437	assessing the extent to which the outcomes are met.
1438	(d)  The admissions policy and criteria for evaluating the
1439	admission of students.
1440	(e)  A description of the staff responsibilities and the
1441	proposed qualifications of the teaching staff.
1442	(f)  A description of the procedures to be implemented to
1443	ensure significant involvement of representatives of business
1444	and industry in the operation of the center.
1445	(g)  A method for determining whether a student has
1446	satisfied the requirements for graduation specified in s.
1447	1003.43 and for completion of a postsecondary certificate or
1448	degree.
1449	(h)  A method for granting secondary and postsecondary
1450	diplomas, certificates, and degrees.
1451	(i)  A description of and address for the physical facility
1452	in which the center will be located.
1453	(j)  A method for resolving conflicts between the governing
1454	body of the center and the sponsor and between consortium
1455	members, if applicable.
1456	(k)  A method for reporting student data as required by law
1457	and rule.
1458	(l)  A statement that the applicant has participated in the
1459	training provided by the Department of Education.
1460	(m)  The identity of all relatives employed by the charter
1461	technical career center who are related to the center owner,
1462	president, chairperson of the governing board of directors,
1463	superintendent, governing board member, principal, assistant
1464	principal, or any other person employed by the center who has
1465	equivalent decisionmaking authority. As used in this paragraph,
1466	the term "relative" means father, mother, son, daughter,
1467	brother, sister, uncle, aunt, first cousin, nephew, niece,
1468	husband, wife, father-in-law, mother-in-law, son-in-law,
1469	daughter-in-law, brother-in-law, sister-in-law, stepfather,
1470	stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1471	brother, or half sister.
1472	(n)  Other information required by the district school
1473	board or Florida College System institution community college
1474	board of trustees.
1475
1476	Students at a center must meet the same testing and academic
1477	performance standards as those established by law and rule for
1478	students at public schools and public technical centers. The
1479	students must also meet any additional assessment indicators
1480	that are included within the charter approved by the district
1481	school board or Florida College System institution community
1482	college board of trustees.
1483	(5)  APPLICATION.-An application to establish a center must
1484	be submitted by February 1 of the year preceding the school year
1485	in which the center will begin operation. The sponsor must
1486	review the application using an evaluation instrument developed
1487	by the Department of Education and make a final decision on
1488	whether to approve the application and grant the charter by
1489	March 1, and may condition the granting of a charter on the
1490	center's taking certain actions or maintaining certain
1491	conditions. Such actions and conditions must be provided to the
1492	applicant in writing. The district school board or Florida
1493	College System institution community college board of trustees
1494	is not required to issue a charter to any person.
1495	(6)  SPONSOR.-A district school board or Florida College
1496	System institution community college board of trustees or a
1497	consortium of one or more of each may sponsor a center in the
1498	county in which the board has jurisdiction.
1499	(a)  A sponsor must review all applications for centers
1500	received through at least February 1 of each calendar year for
1501	centers to be opened at the beginning of the sponsor's next
1502	school year. A sponsor may receive applications later than this
1503	date if it so chooses. To facilitate an accurate budget
1504	projection process, a sponsor shall be held harmless for FTE
1505	students who are not included in the FTE projection due to
1506	approval of applications after the FTE projection deadline. A
1507	sponsor must, by a majority vote, approve or deny an application
1508	no later than 60 days after the application is received. If an
1509	application is denied, the sponsor must, within 10 days, notify
1510	the applicant in writing of the specific reasons for denial,
1511	which must be based upon good cause. Upon approval of a charter
1512	application, the initial startup must be consistent with the
1513	beginning of the public school or Florida College System
1514	institution community college calendar for the district in which
1515	the charter is granted, unless the sponsor allows a waiver of
1516	this provision for good cause.
1517	(b)  An applicant may appeal any denial of its application
1518	to the State Board of Education within 30 days after the
1519	sponsor's denial and shall notify the sponsor of its appeal. Any
1520	response of the sponsor must be submitted to the state board
1521	within 30 days after notification of the appeal. The State Board
1522	of Education must, by majority vote, accept or reject the
1523	decision of the sponsor no later than 60 days after an appeal is
1524	filed, pursuant to State Board of Education rule. The State
1525	Board of Education may reject an appeal for failure to comply
1526	with procedural rules governing the appeals process, and the
1527	rejection must describe the submission errors. The appellant may
1528	have up to 15 days after notice of rejection to resubmit an
1529	appeal. An application for appeal submitted after a rejection is
1530	timely if the original appeal was filed within 30 days after the
1531	sponsor's denial. The State Board of Education shall remand the
1532	application to the sponsor with a written recommendation that
1533	the sponsor approve or deny the application, consistent with the
1534	state board's decision. The decision of the State Board of
1535	Education is not subject to the provisions of chapter 120.
1536	(c)  The sponsor must act upon the recommendation of the
1537	State Board of Education within 30 days after it is received,
1538	unless the sponsor determines by competent substantial evidence
1539	that approving the state board's recommendation would be
1540	contrary to law or the best interests of the students or the
1541	community. The sponsor must notify the applicant in writing
1542	concerning the specific reasons for its failure to follow the
1543	state board's recommendation. The sponsor's action on the state
1544	board's recommendation is a final action, subject to judicial
1545	review.
1546	(d)1.  The Department of Education shall offer or arrange
1547	for training and technical assistance to applicants in
1548	developing business plans and estimating costs and income. This
1549	assistance shall address estimating startup costs, projecting
1550	enrollment, and identifying the types and amounts of state and
1551	federal financial assistance the center may be eligible to
1552	receive. The training shall include instruction in accurate
1553	financial planning and good business practices.
1554	2.  An applicant must participate in the training provided
1555	by the Department of Education before filing an application. The
1556	Department of Education may provide technical assistance to an
1557	applicant upon written request.
1558	(e)  The terms and conditions for the operation of a center
1559	must be agreed to by the sponsor and the applicant in a written
1560	contract. The sponsor may not impose unreasonable requirements
1561	that violate the intent of giving centers greater flexibility to
1562	meet educational goals. The applicant and sponsor must reach an
1563	agreement on the provisions of the contract or the application
1564	is deemed denied.
1565	(f)  The sponsor shall monitor and review the center's
1566	progress toward charter goals and shall monitor the center's
1567	revenues and expenditures. The sponsor shall perform the duties
1568	provided in s. 1002.345.
1569	(8)  ELIGIBLE STUDENTS.-A center must be open to all
1570	students as space is available and may not discriminate in
1571	admissions policies or practices on the basis of an individual's
1572	physical disability or proficiency in English or on any other
1573	basis that would be unlawful if practiced by a public school or
1574	a Florida College System institution community college. A center
1575	may establish reasonable criteria by which to evaluate
1576	prospective students, which criteria must be outlined in the
1577	charter.
1578	(9)  FACILITIES.-A center may be located in any suitable
1579	location, including part of an existing public school or Florida
1580	College System institution community college building, space
1581	provided on a public worksite, or a public building. A center's
1582	facilities must comply with the State Uniform Building Code for
1583	Public Educational Facilities Construction adopted pursuant to
1584	s. 1013.37, or with applicable state minimum building codes
1585	pursuant to chapter 553, and state minimum fire protection codes
1586	pursuant to s. 633.025, adopted by the authority in whose
1587	jurisdiction the facility is located. If K-12 public school
1588	funds are used for construction, the facility must remain on the
1589	local school district's Florida Inventory of School Houses
1590	(FISH) school building inventory of the district school board
1591	and must revert to the district school board if the consortium
1592	dissolves and the program is discontinued. If Florida College
1593	System institution community college public school funds are
1594	used for construction, the facility must remain on the local
1595	Florida College System institution's community college's
1596	facilities inventory and must revert to the local Florida
1597	College System institution community college board of trustees
1598	if the consortium dissolves and the program is discontinued. The
1599	additional student capacity created by the addition of the
1600	center to the local school district's FISH may not be calculated
1601	in the permanent student capacity for the purpose of determining
1602	need or eligibility for state capital outlay funds while the
1603	facility is used as a center. If the construction of the center
1604	is funded jointly by K-12 public school funds and Florida
1605	College System institution community college funds, the
1606	sponsoring entities must agree, before granting the charter, on
1607	the appropriate owner and terms of transfer of the facility if
1608	the charter is dissolved.
1609	(11)  FUNDING.-
1610	(b)  Each district school board and Florida College System
1611	institution community college that sponsors a charter technical
1612	career center shall pay directly to the center an amount stated
1613	in the charter. State funding shall be generated for the center
1614	for its student enrollment and program outcomes as provided in
1615	law. A center is eligible for funding from workforce education
1616	funds, the Florida Education Finance Program, and the Florida
1617	College System Community College Program Fund, depending upon
1618	the programs conducted by the center.
1619	(c)  A center may receive other state and federal aid,
1620	grants, and revenue through the district school board or Florida
1621	College System institution community college board of trustees.
1622	(12)  EMPLOYEES OF A CENTER.-
1623	(e)  As a public employer, a center may participate in:
1624	1.  The Florida Retirement System upon application and
1625	approval as a "covered group" under s. 121.021(34). If a center
1626	participates in the Florida Retirement System, its employees are
1627	compulsory members of the Florida Retirement System.
1628	2.  The State Community College System Optional Retirement
1629	Program pursuant to s. 1012.875(2), if the charter is granted by
1630	a Florida College System institution community college that
1631	participates in the optional retirement program and meets the
1632	eligibility criteria of s. 121.051(2)(c).
1633	(g)  A public school or Florida College System institution
1634	community college teacher or administrator may take a leave of
1635	absence to accept employment in a charter technical career
1636	center upon the approval of the school district or Florida
1637	College System institution community college.
1638	(h)  An employee who is on a leave of absence under this
1639	section may retain seniority accrued in that school district or
1640	Florida College System institution community college and may
1641	continue to be covered by the benefit programs of that district
1642	or Florida College System institution community college if the
1643	center and the district school board or Florida College System
1644	institution community college board of trustees agree to this
1645	arrangement and its financing.
1646	(14)  ACCOUNTABILITY.-Each center must submit a report to
1647	the participating district school board or Florida College
1648	System institution community college board of trustees by August
1649	1 of each year. The report must be in such form as the sponsor
1650	prescribes and must include:
1651	(a)  A discussion of progress made toward the achievement
1652	of the goals outlined in the center's charter.
1653	(b)  A financial statement setting forth by appropriate
1654	categories the revenue and expenditures for the previous school
1655	year.
1656	(16)  TRANSPORTATION.-The center may provide
1657	transportation, pursuant to chapter 1006, through a contract
1658	with the district school board or the Florida College System
1659	institution community college board of trustees, a private
1660	provider, or parents of students. The center must ensure that
1661	transportation is not a barrier to equal access for all students
1662	in grades K-12 residing within a reasonable distance of the
1663	facility.
1664	Section 29.  Subsection (7) of section 1002.41, Florida
1665	Statutes, is amended to read:
1666	1002.41  Home education programs.-
1667	(7)  Home education students are eligible for admission to
1668	Florida College System institutions community colleges in
1669	accordance with the provisions of s. 1007.263.
1670	Section 30.  Paragraphs (a) and (b) of subsection (1),
1671	paragraph (a) of subsection (2), and paragraph (c) of subsection
1672	(7) of section 1002.45, Florida Statutes, are amended to read:
1673	1002.45  School district virtual instruction programs.-
1674	(1)  PROGRAM.-
1675	(a)  For purposes of this section, the term:
1676	1.  "Approved provider" means a provider that is approved
1677	by the Department of Education under subsection (2), the Florida
1678	Virtual School, a franchise of the Florida Virtual School, or a
1679	Florida College System institution community college.
1680	2.  "Virtual instruction program" means a program of
1681	instruction provided in an interactive learning environment
1682	created through technology in which students are separated from
1683	their teachers by time or space, or both, and in which a
1684	Florida-certified teacher under chapter 1012 is responsible for
1685	at least:
1686	a.  Fifty percent of the direct instruction to students in
1687	kindergarten through grade 5; or
1688	b.  Eighty percent of the direct instruction to students in
1689	grades 6 through 12.
1690	(b)  Beginning with the 2009-2010 school year, each school
1691	district shall provide eligible students within its boundaries
1692	the option of participating in a virtual instruction program.
1693	The purpose of the program is to make instruction available to
1694	students using online and distance learning technology in the
1695	nontraditional classroom. The program shall be:
1696	1.  Full-time for students enrolled in kindergarten through
1697	grade 12.
1698	2.  Full-time or part-time for students in grades 9 through
1699	12 who are enrolled in dropout prevention and academic
1700	intervention programs under s. 1003.53, Department of Juvenile
1701	Justice education programs under s. 1003.52, core-curricula
1702	courses to meet class size requirements under s. 1003.03, or
1703	Florida College System institutions community colleges under
1704	this section.
1705	(2)  PROVIDER QUALIFICATIONS.-
1706	(a)  The department shall annually provide school districts
1707	with a list of providers approved to offer virtual instruction
1708	programs. To be approved by the department, a provider must
1709	document that it:
1710	1.  Is nonsectarian in its programs, admission policies,
1711	employment practices, and operations;
1712	2.  Complies with the antidiscrimination provisions of s.
1713	1000.05;
1714	3.  Locates an administrative office or offices in this
1715	state, requires its administrative staff to be state residents,
1716	requires all instructional staff to be Florida-certified
1717	teachers under chapter 1012, and conducts background screenings
1718	for all employees or contracted personnel, as required by s.
1719	1012.32, using state and national criminal history records;
1720	4.  Possesses prior, successful experience offering online
1721	courses to elementary, middle, or high school students;
1722	5.  Is accredited by the Southern Association of Colleges
1723	and Schools Council on Accreditation and School Improvement, the
1724	North Central Association Commission on Accreditation and School
1725	Improvement, the Middle States Association of Colleges and
1726	Schools Commission on Elementary Schools and Commission on
1727	Secondary Schools, the New England Association of Schools and
1728	Colleges, the Northwest Association of Accredited Schools, the
1729	Western Association of Schools and Colleges, or the Commission
1730	on International and Trans-Regional Accreditation; and
1731	6.  If the provider is a Florida College System institution
1732	community college, employs instructors who meet the
1733	certification requirements for instructional staff under chapter
1734	1012.
1735	(7)  FUNDING.-
1736	(c)  A Florida College System institution community college
1737	provider may not report students who are served in a school
1738	district virtual instruction program for funding under the
1739	Florida College System Community College Program Fund.
1740	Section 31.  Paragraph (f) of subsection (3) of section
1741	1003.03, Florida Statutes, is amended to read:
1742	1003.03  Maximum class size.-
1743	(3)  IMPLEMENTATION OPTIONS.-District school boards must
1744	consider, but are not limited to, implementing the following
1745	items in order to meet the constitutional class size maximums
1746	described in subsection (1):
1747	(f)  Use joint-use facilities through partnerships with
1748	Florida College System institutions community colleges, state
1749	universities, and private colleges and universities. Joint-use
1750	facilities available for use as K-12 classrooms that do not meet
1751	the K-12 State Regulations for Educational Facilities in the
1752	Florida Building Code may be used at the discretion of the
1753	district school board provided that such facilities meet all
1754	other health, life, safety, and fire codes.
1755	Section 32.  Paragraph (b) of subsection (3) of section
1756	1003.41, Florida Statutes, is amended to read:
1757	1003.41  Sunshine State Standards.-
1758	(3)
1759	(b)  The commissioner shall submit the proposed standards
1760	for review and comment by Florida educators, school
1761	administrators, representatives of Florida College System
1762	institutions community colleges and state universities who have
1763	expertise in the content knowledge and skills necessary to
1764	prepare a student for postsecondary education, and leaders in
1765	business and industry. The commissioner, after considering any
1766	comments and making any revisions to the proposed standards,
1767	shall submit the standards for written evaluation by renowned
1768	experts on K-12 curricular standards and content.
1769	Section 33.  Paragraph (a) of subsection (1) of section
1770	1003.4156, Florida Statutes, is amended to read:
1771	1003.4156  General requirements for middle grades
1772	promotion.-
1773	(1)  Beginning with students entering grade 6 in the 2006-
1774	2007 school year, promotion from a school composed of middle
1775	grades 6, 7, and 8 requires that:
1776	(a)  The student must successfully complete academic
1777	courses as follows:
1778	1.  Three middle school or higher courses in English. These
1779	courses shall emphasize literature, composition, and technical
1780	text.
1781	2.  Three middle school or higher courses in mathematics.
1782	Each middle school must offer at least one high school level
1783	mathematics course for which students may earn high school
1784	credit. Successful completion of a high school level Algebra I
1785	or geometry course is not contingent upon the student's
1786	performance on the end-of-course assessment required under s.
1787	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
1788	school year, to earn high school credit for an Algebra I course,
1789	a middle school student must pass the Algebra I end-of-course
1790	assessment, and beginning with the 2012-2013 school year, to
1791	earn high school credit for a geometry course, a middle school
1792	student must pass the geometry end-of-course assessment.
1793	3.  Three middle school or higher courses in social
1794	studies, one semester of which must include the study of state
1795	and federal government and civics education. Beginning with
1796	students entering grade 6 in the 2012-2013 school year, one of
1797	these courses must be at least a one-semester civics education
1798	course that a student successfully completes in accordance with
1799	s. 1008.22(3)(c) and that includes the roles and
1800	responsibilities of federal, state, and local governments; the
1801	structures and functions of the legislative, executive, and
1802	judicial branches of government; and the meaning and
1803	significance of historic documents, such as the Articles of
1804	Confederation, the Declaration of Independence, and the
1805	Constitution of the United States.
1806	4.  Three middle school or higher courses in science.
1807	Successful completion of a high school level Biology I course is
1808	not contingent upon the student's performance on the end-of-
1809	course assessment required under s. 1008.22(3)(c)2.a.(II).
1810	However, beginning with the 2012-2013 school year, to earn high
1811	school credit for a Biology I course, a middle school student
1812	must pass the Biology I end-of-course assessment.
1813	5.  One course in career and education planning to be
1814	completed in 7th or 8th grade. The course may be taught by any
1815	member of the instructional staff; must include career
1816	exploration using Florida CHOICES or a comparable cost-effective
1817	program; must include educational planning using the online
1818	student advising system known as Florida Academic Counseling and
1819	Tracking for Students at the Internet website FACTS.org; and
1820	shall result in the completion of a personalized academic and
1821	career plan. The required personalized academic and career plan
1822	must inform students of high school graduation requirements,
1823	high school assessment and college entrance test requirements,
1824	Florida Bright Futures Scholarship Program requirements, state
1825	university and Florida College System institution admission
1826	requirements, and programs through which a high school student
1827	can earn college credit, including Advanced Placement,
1828	International Baccalaureate, Advanced International Certificate
1829	of Education, dual enrollment, career academy opportunities, and
1830	courses that lead to national industry certification.
1831
1832	Each school must hold a parent meeting either in the evening or
1833	on a weekend to inform parents about the course curriculum and
1834	activities. Each student shall complete an electronic personal
1835	education plan that must be signed by the student; the student's
1836	instructor, guidance counselor, or academic advisor; and the
1837	student's parent. The Department of Education shall develop
1838	course frameworks and professional development materials for the
1839	career exploration and education planning course. The course may
1840	be implemented as a stand-alone course or integrated into
1841	another course or courses. The Commissioner of Education shall
1842	collect longitudinal high school course enrollment data by
1843	student ethnicity in order to analyze course-taking patterns.
1844	Section 34.  Paragraph (b) of subsection (2) of section
1845	1003.433, Florida Statutes, is amended to read:
1846	1003.433  Learning opportunities for out-of-state and out-
1847	of-country transfer students and students needing additional
1848	instruction to meet high school graduation requirements.-
1849	(2)  Students who have met all requirements for the
1850	standard high school diploma except for passage of the grade 10
1851	FCAT or an alternate assessment by the end of grade 12 must be
1852	provided the following learning opportunities:
1853	(b)  Upon receipt of a certificate of completion, be
1854	allowed to take the College Placement Test and be admitted to
1855	remedial or credit courses at a Florida College System
1856	institution state community college, as appropriate.
1857	Section 35.  Subsection (5) and paragraph (a) of subsection
1858	(6) of section 1003.435, Florida Statutes, are amended to read:
1859	1003.435  High school equivalency diploma program.-
1860	(5)  Each district school board shall develop, in
1861	cooperation with the area Florida College System institution
1862	community college board of trustees, a plan for the provision of
1863	advanced instruction for those students who attain satisfactory
1864	performance on the high school equivalency examination or the
1865	subject area examinations or who demonstrate through other means
1866	a readiness to engage in postsecondary-level academic work. The
1867	plan shall include provisions for the equitable distribution of
1868	generated funds to cover personnel, maintenance, and other costs
1869	of offering the advanced instruction. Priority shall be given to
1870	programs of advanced instruction offered in high school
1871	facilities.
1872	(6)(a)  All high school equivalency diplomas issued under
1873	the provisions of this section shall have equal status with
1874	other high school diplomas for all state purposes, including
1875	admission to any state university or Florida College System
1876	institution community college.
1877	Section 36.  Subsection (1) of section 1003.49, Florida
1878	Statutes, is amended to read:
1879	1003.49  Graduation and promotion requirements for publicly
1880	operated schools.-
1881	(1)  Each state or local public agency, including the
1882	Department of Children and Family Services, the Department of
1883	Corrections, the boards of trustees of universities and Florida
1884	College System institutions community colleges, and the Board of
1885	Trustees of the Florida School for the Deaf and the Blind, which
1886	agency is authorized to operate educational programs for
1887	students at any level of grades kindergarten through 12 shall be
1888	subject to all applicable requirements of ss. 1003.43, 1008.23,
1889	and 1008.25. Within the content of these cited statutes each
1890	such state or local public agency or entity shall be considered
1891	a "district school board."
1892	Section 37.  Subsection (4) of section 1003.51, Florida
1893	Statutes, is amended to read:
1894	1003.51  Other public educational services.-
1895	(4)  The Department of Education shall ensure that district
1896	school boards notify students in juvenile justice residential or
1897	nonresidential facilities who attain the age of 16 years of the
1898	provisions of law regarding compulsory school attendance and
1899	make available the option of enrolling in a program to attain a
1900	Florida high school diploma by taking the general educational
1901	development test prior to release from the facility. District
1902	school boards or Florida College System institutions community
1903	colleges, or both, shall waive GED testing fees for youth in
1904	Department of Juvenile Justice residential programs and shall,
1905	upon request, designate schools operating for the purpose of
1906	providing educational services to youth in Department of
1907	Juvenile Justice programs as GED testing centers, subject to GED
1908	testing center requirements. The administrative fees for the
1909	general education development test required by the Department of
1910	Education are the responsibility of district school boards and
1911	may be required of providers by contractual agreement.
1912	Section 38.  Subsections (6) and (22) of section 1003.52,
1913	Florida Statutes, are amended to read:
1914	1003.52  Educational services in Department of Juvenile
1915	Justice programs.-
1916	(6)  Participation in the program by students of compulsory
1917	school-attendance age as provided for in s. 1003.21 shall be
1918	mandatory. All students of noncompulsory school-attendance age
1919	who have not received a high school diploma or its equivalent
1920	shall participate in the educational program, unless the student
1921	files a formal declaration of his or her intent to terminate
1922	school enrollment as described in s. 1003.21 and is afforded the
1923	opportunity to take the general educational development test and
1924	attain a Florida high school diploma prior to release from a
1925	facility. A youth who has received a high school diploma or its
1926	equivalent and is not employed shall participate in workforce
1927	development or other career or technical education or Florida
1928	College System institution community college or university
1929	courses while in the program, subject to available funding.
1930	(22)  The Department of Juvenile Justice and the Department
1931	of Education, in consultation with Workforce Florida, Inc., the
1932	statewide Workforce Development Youth Council, district school
1933	boards, Florida College System institutions community colleges,
1934	providers, and others, shall jointly develop a multiagency plan
1935	for career education which describes the funding, curriculum,
1936	transfer of credits, goals, and outcome measures for career
1937	education programming in juvenile commitment facilities,
1938	pursuant to s. 985.622. The plan must be reviewed annually.
1939	Section 39.  Subsections (8), (18), (19), (20), and (23) of
1940	section 1004.02, Florida Statutes, are amended to read:
1941	1004.02  Definitions.-As used in this chapter:
1942	(8)  "Applied technology diploma program" means a course of
1943	study that is part of a technical degree program, is less than
1944	60 credit hours, and leads to employment in a specific
1945	occupation. An applied technology diploma program may consist of
1946	either technical credit or college credit. A public school
1947	district may offer an applied technology diploma program only as
1948	technical credit, with college credit awarded to a student upon
1949	articulation to a Florida College System institution community
1950	college. Statewide articulation among public schools and Florida
1951	College System institutions community colleges is guaranteed by
1952	s. 1007.23, and is subject to guidelines and standards adopted
1953	by the State Board of Education pursuant to ss. 1007.24 and
1954	1007.25.
1955	(18)  "Lifelong learning" means a noncredit course or
1956	activity offered by a school district or Florida College System
1957	institution community college that seeks to address community
1958	social and economic issues related to health and human
1959	relations, government, parenting, consumer economics, and senior
1960	citizens.
1961	(19)  "Local educational agency" means a Florida College
1962	System institution community college or school district.
1963	(20)  "Local sponsor" means a district school board,
1964	Florida College System institution community college board of
1965	trustees, public library, other public entity, or private
1966	nonprofit entity, or any combination of these entities, that
1967	provides adult literacy instruction.
1968	(23)  "Career education planning region" means the
1969	geographic area in which career or adult education is provided.
1970	Each career region is contiguous with one of the 28 Florida
1971	College System institution community college service areas.
1972	Section 40.  Subsection (2) of section 1004.03, Florida
1973	Statutes, is amended to read:
1974	1004.03  Program approval.-
1975	(2)  The State Board of Education shall establish criteria
1976	for the approval of new programs at Florida College System
1977	institutions community colleges, which criteria include, but are
1978	not limited to, the following:
1979	(a)  New programs may not be approved unless the same
1980	objectives cannot be met through use of educational technology.
1981	(b)  Unnecessary duplication of programs offered by
1982	independent institutions shall be avoided.
1983	(c)  Cooperative programs, particularly within regions,
1984	should be encouraged.
1985	(d)  New programs may be approved only if they are
1986	consistent with the state master plan adopted by the State Board
1987	of Education.
1988	Section 41.  Subsections (9), (10), and (11) of section
1989	1004.04, Florida Statutes, are amended to read:
1990	1004.04  Public accountability and state approval for
1991	teacher preparation programs.-
1992	(9)  FLORIDA COLLEGE SYSTEM INSTITUTIONS COMMUNITY
1993	COLLEGES.-To the extent practical, postsecondary educational
1994	institutions offering teacher preparation programs shall
1995	establish articulation agreements on a core of liberal arts
1996	courses and introductory professional courses with field
1997	experience components which shall be offered at Florida College
1998	System institutions community colleges.
1999	(10)  SHORT-TERM EXPERIENCES AS TEACHER ASSISTANTS.-
2000	Postsecondary institutions offering teacher preparation programs
2001	and Florida College System institutions community colleges, in
2002	collaboration with school districts, may develop and implement a
2003	program to provide short-term experiences as teacher assistants
2004	prior to beginning a teacher preparation program or alternative
2005	certification program. The program shall serve individuals with
2006	baccalaureate degrees who are interested in the teaching
2007	profession. This experience may be accepted for use in teacher
2008	preparation programs and competency-based alternative
2009	certification programs, where applicable.
2010	(11)  PRETEACHER AND TEACHER EDUCATION PILOT PROGRAMS.-
2011	State universities and Florida College System institutions
2012	community colleges may establish preteacher education and
2013	teacher education pilot programs to encourage promising minority
2014	students to prepare for a career in education. These pilot
2015	programs shall be designed to recruit and provide additional
2016	academic, clinical, and counseling support for students whom the
2017	institution judges to be potentially successful teacher
2018	education candidates, but who may not meet teacher education
2019	program admission standards. Priority consideration shall be
2020	given to those pilot programs that are jointly submitted by
2021	Florida College System institutions community colleges and state
2022	universities.
2023	(a)  These pilot programs shall be approved by the State
2024	Board of Education and shall be designed to provide help and
2025	support for program participants during the preteacher education
2026	period of general academic preparation at a Florida College
2027	System institution community college or state university and
2028	during professional preparation in a state-approved teacher
2029	education program. Emphasis shall be placed on development of
2030	the basic skills needed by successful teachers.
2031	(b)  State universities and Florida College System
2032	institutions community colleges may admit into the pilot program
2033	those incoming students who demonstrate an interest in teaching
2034	as a career, but who may not meet the requirements for entrance
2035	into an approved teacher education program.
2036	1.  Flexibility may be given to colleges of education to
2037	develop and market innovative teacher training programs directed
2038	at specific target groups such as graduates from the colleges of
2039	arts and sciences, employed education paraprofessionals,
2040	substitute teachers, early federal retirees, and nontraditional
2041	college students. Programs must be submitted to the State Board
2042	of Education for approval.
2043	2.  Academically successful graduates in the fields of
2044	liberal arts and science may be encouraged to embark upon a
2045	career in education.
2046	3.  Models may be developed to provide a positive initial
2047	experience in teaching in order to encourage retention. Priority
2048	should be given to models that encourage minority graduates.
2049	(c)  In order to be certified, a graduate from a pilot
2050	program shall meet all requirements for teacher certification
2051	specified by s. 1012.56. Should a graduate of a pilot program
2052	not meet the requirements of s. 1012.56, that person shall not
2053	be included in the calculations required by paragraph (5)(a) and
2054	State Board of Education rules for continued program approval,
2055	or in the statutes used by the State Board of Education in
2056	deciding which teacher education programs to approve.
2057	(d)  Institutions participating in the pilot program shall
2058	submit an annual report evaluating the success of the program to
2059	the Commissioner of Education by March 1 of each year. The
2060	report shall include, at a minimum, the number of pilot program
2061	participants, including the number participating in general
2062	education and the number admitted to approved teacher education
2063	programs, the number of pilot program graduates, and the number
2064	of pilot program graduates who met the requirements of s.
2065	1012.56. The commissioner shall consider the number of
2066	participants recruited, the number of graduates, and the number
2067	of graduates successfully meeting the requirements of s. 1012.56
2068	reported by each institution, and shall make an annual
2069	recommendation to the State Board of Education regarding the
2070	institution's continued participation in the pilot program.
2071	Section 42.  Subsection (1) of section 1004.05, Florida
2072	Statutes, is amended to read:
2073	1004.05  Substance abuse training programs.-
2074	(1)  Each state university and Florida College System
2075	institution community college may develop courses designed for
2076	public school teachers, counselors, physicians, law enforcement
2077	personnel, and other professionals to assist them in recognizing
2078	symptoms of substance abuse impairment and identifying
2079	appropriate service providers for referral and treatment.
2080	Section 43.  Section 1004.06, Florida Statutes, is amended
2081	to read:
2082	1004.06  Prohibited expenditures.-No Florida College System
2083	institution community college, state university, Florida College
2084	System institution community college direct-support
2085	organization, or state university direct-support organization
2086	shall expend any funds, regardless of source, to purchase
2087	membership in, or goods and services from, any organization that
2088	discriminates on the basis of race, national origin, gender, or
2089	religion.
2090	Section 44.  Subsections (1), (2), and (3) of section
2091	1004.07, Florida Statutes, are amended to read:
2092	1004.07  Student withdrawal from courses due to military
2093	service; effect.-
2094	(1)  Each district school board, Florida College System
2095	institution community college board of trustees, and state
2096	university board of trustees shall establish policies regarding
2097	currently enrolled students who are called to, or enlist in,
2098	active military service.
2099	(2)  Such policies shall provide that any student enrolled
2100	in a postsecondary course or courses at a career center, a
2101	Florida College System institution public community college, a
2102	public college, or a state university shall not incur academic
2103	or financial penalties by virtue of performing military service
2104	on behalf of our country. Such student shall be permitted the
2105	option of either completing the course or courses at a later
2106	date without penalty or withdrawing from the course or courses
2107	with a full refund of fees paid. If the student chooses to
2108	withdraw, the student's record shall reflect that the withdrawal
2109	is due to active military service.
2110	(3)  Policies of district school boards and Florida College
2111	System institution community college boards of trustees shall be
2112	established by rule and pursuant to guidelines of the State
2113	Board of Education.
2114	Section 45.  Subsections (1), (3), and (4) of section
2115	1004.085, Florida Statutes, are amended to read:
2116	1004.085  Textbook affordability.-
2117	(1)  No employee of a Florida College System institution
2118	community college or state university may demand or receive any
2119	payment, loan, subscription, advance, deposit of money, service,
2120	or anything of value, present or promised, in exchange for
2121	requiring students to purchase a specific textbook for
2122	coursework or instruction.
2123	(3)  Florida College System institutions Community colleges
2124	and state universities shall post on their websites, as early as
2125	is feasible, but not less than 30 days prior to the first day of
2126	class for each term, a list of each textbook required for each
2127	course offered at the institution during the upcoming term. The
2128	posted list must include the International Standard Book Number
2129	(ISBN) for each required textbook or other identifying
2130	information, which must include, at a minimum, all of the
2131	following: the title, all authors listed, publishers, edition
2132	number, copyright date, published date, and other relevant
2133	information necessary to identify the specific textbook or
2134	textbooks required for each course. The State Board of Education
2135	and the Board of Governors shall include in the policies,
2136	procedures, and guidelines adopted under subsection (4) certain
2137	limited exceptions to this notification requirement for classes
2138	added after the notification deadline.
2139	(4)   The State Board of Education and the Board of
2140	Governors each shall adopt policies, procedures, and guidelines
2141	for implementation by Florida College System institutions
2142	community colleges and state universities, respectively, that
2143	further efforts to minimize the cost of textbooks for students
2144	attending such institutions while maintaining the quality of
2145	education and academic freedom. The policies, procedures, and
2146	guidelines shall provide for the following:
2147	(a)  That textbook adoptions are made with sufficient lead
2148	time to bookstores so as to confirm availability of the
2149	requested materials and, where possible, ensure maximum
2150	availability of used books.
2151	(b)  That, in the textbook adoption process, the intent to
2152	use all items ordered, particularly each individual item sold as
2153	part of a bundled package, is confirmed by the course instructor
2154	or the academic department offering the course before the
2155	adoption is finalized.
2156	(c)  That a course instructor or the academic department
2157	offering the course determines, before a textbook is adopted,
2158	the extent to which a new edition differs significantly and
2159	substantively from earlier versions and the value of changing to
2160	a new edition or the extent to which an open-access textbook may
2161	exist and be used.
2162	(d)  That the establishment of policies shall address the
2163	availability of required textbooks to students otherwise unable
2164	to afford the cost, including consideration of the extent to
2165	which an open-access textbook may be used.
2166	(e)  That course instructors and academic departments are
2167	encouraged to participate in the development, adaptation, and
2168	review of open-access textbooks and, in particular, open-access
2169	textbooks for high-demand general education courses.
2170	Section 46.  Section 1004.095, Florida Statutes, is amended
2171	to read:
2172	1004.095  Senior Reserve Officers' Training Corps; military
2173	recruiters; access to Florida College System institution
2174	community college and state university campuses.-
2175	(1)  A Florida College System institution community college
2176	or state university may not ban any branch of the United States
2177	Armed Forces from establishing, maintaining, or operating a unit
2178	of the Senior Reserve Officers' Training Corps at the college or
2179	university.
2180	(2)(a)  A Florida College System institution community
2181	college or state university shall grant military recruiters of
2182	the United States Armed Forces and United States Department of
2183	Homeland Security the same access to the college's or
2184	university's students, and to campus facilities and grounds,
2185	which the college or university grants to other employers.
2186	(b)  A Florida College System institution community college
2187	or state university shall, to the extent required in 10 U.S.C.
2188	s. 983(b)(2), grant military recruiters access to the names,
2189	addresses, telephone listings, dates and places of birth, levels
2190	of education, academic majors, degrees received, and most recent
2191	educational institutions enrolled in by the college's or
2192	university's students.
2193	Section 47.  Paragraphs (b) and (e) of subsection (3) and
2194	paragraph (b) of subsection (6) of section 1004.226, Florida
2195	Statutes, are amended to read:
2196	1004.226  The 21st Century Technology, Research, and
2197	Scholarship Enhancement Act.-
2198	(3)  DEFINITIONS.-As used in this section, the term:
2199	(b)  "Applicant" means any state university, private
2200	university located in this state, or any private or public
2201	research center, Florida College System institution community
2202	college, or training center in this state which coordinates with
2203	a state university for purposes of this act.
2204	(e)  "Florida College System institution Community college"
2205	means a Florida College System institution public community
2206	college in this state as defined in s. 1000.21.
2207	(6)  CENTERS OF EXCELLENCE.-
2208	(b)  The following entities are eligible to submit
2209	proposals for a center of excellence:
2210	1.  Any state university.
2211	2.  Any private university.
2212	3.  The H. Lee Moffitt Cancer Center and Research
2213	Institute.
2214	4.  The Florida Institute for Human and Machine Cognition,
2215	Inc.
2216	5.  Any Florida College System institution community
2217	college, training center, or other public or private research
2218	center in the state which coordinates with a state university
2219	for purposes of this act.
2220	Section 48.  Section 1004.645, Florida Statutes, is amended
2221	to read:
2222	1004.645  Florida Center for Reading Research.-There is
2223	created at the Florida State University, the Florida Center for
2224	Reading Research (FCRR). The center shall include two outreach
2225	centers, one at a Florida College System institution in central
2226	Florida community college and one at a south Florida state
2227	university. The center and the outreach centers, under the
2228	center's leadership, shall:
2229	(1)  Provide technical assistance and support to all school
2230	districts and schools in this state in the implementation of
2231	evidence-based literacy instruction, assessments, programs, and
2232	professional development.
2233	(2)  Conduct applied research that will have an immediate
2234	impact on policy and practices related to literacy instruction
2235	and assessment in this state with an emphasis on struggling
2236	readers and reading in the content area strategies and methods
2237	for secondary teachers.
2238	(3)  Conduct basic research on reading, reading growth,
2239	reading assessment, and reading instruction which will
2240	contribute to scientific knowledge about reading.
2241	(4)  Collaborate with the Just Read! Florida Office and
2242	school districts in the development of frameworks for
2243	comprehensive reading intervention courses for possible use in
2244	middle schools and secondary schools.
2245	(5)  Collaborate with the Just Read! Florida Office and
2246	school districts in the development of frameworks for
2247	professional development activities, using multiple delivery
2248	methods for teaching reading in the content area.
2249	(6)  Disseminate information about research-based practices
2250	related to literacy instruction, assessment, and programs for
2251	students in preschool through grade 12.
2252	(7)  Collect, manage, and report on assessment information
2253	from screening, progress monitoring, and outcome assessments
2254	through the Florida Progress Monitoring and Reporting Network.
2255	The network is a statewide resource that is operated to provide
2256	valid and timely reading assessment data for parents, teachers,
2257	principals, and district-level and state-level staff in the
2258	management of instruction at the individual, classroom, and
2259	school levels.
2260	Section 49.  Paragraph (d) of subsection (9) of section
2261	1004.648, Florida Statutes, is amended to read:
2262	1004.648  Florida Energy Systems Consortium.-
2263	(9)  Through collaborative research and development across
2264	the State University System and the industry, the goal of the
2265	consortium is to become a world leader in energy research,
2266	education, technology, and energy systems analysis. In so doing,
2267	the consortium shall:
2268	(d)  Develop education and outreach programs to prepare a
2269	qualified energy workforce and informed public. Specifically,
2270	the faculty associated with the consortium shall coordinate a
2271	statewide workforce development initiative focusing on college-
2272	level degrees, technician training, and public and commercial
2273	sectors awareness. The consortium shall develop specific
2274	programs targeted at preparing graduates who have a background
2275	in energy, continuing education courses for technical and
2276	nontechnical professionals, and modules, laboratories, and
2277	courses to be shared among the universities. Additionally, the
2278	consortium shall work with the Florida Community College System
2279	using the Florida Advanced Technological Education Center for
2280	the coordination and design of industry-specific training
2281	programs for technicians.
2282	Section 50.  Section 1004.65, Florida Statutes, is amended
2283	to read:
2284	1004.65  Florida College System institutions colleges;
2285	governance, mission, and responsibilities.-
2286	(1)  Each Florida College System institution shall be
2287	governed by a district board of trustees under statutory
2288	authority and rules of the State Board of Education.
2289	(2)  Each Florida College System institution district
2290	shall:
2291	(a)  Consist of the county or counties served by the
2292	Florida College System institution pursuant to s. 1000.21(3).
2293	(b)  Be an independent, separate, legal entity created for
2294	the operation of a Florida College System institution.
2295	(3)  Florida College System institutions colleges are
2296	locally based and governed entities with statutory and funding
2297	ties to state government. As such, the mission for Florida
2298	College System institutions colleges reflects a commitment to be
2299	responsive to local educational needs and challenges. In
2300	achieving this mission, Florida College System institutions
2301	colleges strive to maintain sufficient local authority and
2302	flexibility while preserving appropriate legal accountability to
2303	the state.
2304	(4)  As comprehensive institutions, Florida College System
2305	institutions colleges shall provide high-quality, affordable
2306	education and training opportunities, shall foster a climate of
2307	excellence, and shall provide opportunities to all while
2308	combining high standards with an open-door admission policy for
2309	lower-division programs. Florida College System institutions
2310	colleges shall, as open-access institutions, serve all who can
2311	benefit, without regard to age, race, gender, creed, or ethnic
2312	or economic background, while emphasizing the achievement of
2313	social and educational equity so that all can be prepared for
2314	full participation in society.
2315	(5)  The primary mission and responsibility of Florida
2316	College System institutions colleges is responding to community
2317	needs for postsecondary academic education and career degree
2318	education. This mission and responsibility includes being
2319	responsible for:
2320	(a)  Providing lower level undergraduate instruction and
2321	awarding associate degrees.
2322	(b)  Preparing students directly for careers requiring less
2323	than baccalaureate degrees. This may include preparing for job
2324	entry, supplementing of skills and knowledge, and responding to
2325	needs in new areas of technology. Career education in a Florida
2326	College System institution shall consist of career certificates,
2327	credit courses leading to associate in science degrees and
2328	associate in applied science degrees, and other programs in
2329	fields requiring substantial academic work, background, or
2330	qualifications. A Florida College System institution may offer
2331	career education programs in fields having lesser academic or
2332	technical requirements.
2333	(c)  Providing student development services, including
2334	assessment, student tracking, support for disabled students,
2335	advisement, counseling, financial aid, career development, and
2336	remedial and tutorial services, to ensure student success.
2337	(d)  Promoting economic development for the state within
2338	each Florida College System institution district through the
2339	provision of special programs, including, but not limited to,
2340	the:
2341	1.  Enterprise Florida-related programs.
2342	2.  Technology transfer centers.
2343	3.  Economic development centers.
2344	4.  Workforce literacy programs.
2345	(e)  Providing dual enrollment instruction.
2346	(f)  Providing upper level instruction and awarding
2347	baccalaureate degrees as specifically authorized by law.
2348	(6)  A separate and secondary role for Florida College
2349	System institutions colleges includes the offering of programs
2350	in:
2351	(a)  Community services that are not directly related to
2352	academic or occupational advancement.
2353	(b)  Adult education services, including adult basic
2354	education, adult general education, adult secondary education,
2355	and General Educational Development test instruction.
2356	(c)  Recreational and leisure services.
2357	(7)  Funding for Florida College System institutions
2358	colleges shall reflect their mission as follows:
2359	(a)  Postsecondary academic and career education programs
2360	and adult general education programs shall have first priority
2361	in Florida College System institution funding.
2362	(b)  Community service programs shall be presented to the
2363	Legislature with rationale for state funding. The Legislature
2364	may identify priority areas for use of these funds.
2365	(c)  The resources of a Florida College System institution,
2366	including staff, faculty, land, and facilities, shall not be
2367	used to support the establishment of a new independent nonpublic
2368	educational institution. If any institution uses resources for
2369	such purpose, the Division of Florida Colleges shall notify the
2370	President of the Senate and the Speaker of the House of
2371	Representatives.
2372	(8)  Florida College System institutions colleges are
2373	authorized to:
2374	(a)  Offer such programs and courses as are necessary to
2375	fulfill their mission.
2376	(b)  Grant associate in arts degrees, associate in science
2377	degrees, associate in applied science degrees, certificates,
2378	awards, and diplomas.
2379	(c)  Make provisions for the General Educational
2380	Development test.
2381	(d)  Provide access to and award baccalaureate degrees in
2382	accordance with law.
2383
2384	Authority to offer one or more baccalaureate degree programs
2385	does not alter the governance relationship of the Florida
2386	College System institution with its district board of trustees
2387	or the State Board of Education.
2388	Section 51.  Section 1004.66, Florida Statutes, is amended
2389	to read:
2390	1004.66  "Florida College System institution," "community
2391	college," and "junior college" used interchangeably.-Whenever
2392	the terms "Florida College System institution," "community
2393	college," and "junior college" appear in the Florida Statutes in
2394	reference to a tax-supported institution, they shall be
2395	construed identically.
2396	Section 52.  Section 1004.67, Florida Statutes, is amended
2397	to read:
2398	1004.67  Florida College System institutions Community
2399	colleges; legislative intent.-It is the legislative intent that
2400	Florida College System institutions community colleges,
2401	constituted as political subdivisions of the state, continue to
2402	be operated by Florida College System institution community
2403	college boards of trustees as provided in s. 1001.63 and that no
2404	department, bureau, division, agency, or subdivision of the
2405	state exercise any responsibility and authority to operate any
2406	Florida College System institution community college of the
2407	state except as specifically provided by law or rules of the
2408	State Board of Education.
2409	Section 53.  Section 1004.68, Florida Statutes, is amended
2410	to read:
2411	1004.68  Florida College System institution Community
2412	college; degrees and certificates; tests for certain skills.-
2413	(1)  Each Florida College System institution community
2414	college board of trustees shall adopt rules establishing student
2415	performance standards for the award of degrees and certificates.
2416	(2)  Each Florida College System institution community
2417	college board of trustees shall require the use of scores on
2418	tests for college-level communication and computation skills
2419	provided in s. 1008.345(7) as a condition for graduation with an
2420	associate in arts degree.
2421	Section 54.  Section 1004.70, Florida Statutes, is amended
2422	to read:
2423	1004.70  Florida College System institution Community
2424	college direct-support organizations.-
2425	(1)  DEFINITIONS.-For the purposes of this section:
2426	(a)  "Florida College System institution Community college
2427	direct-support organization" means an organization that is:
2428	1.  A Florida corporation not for profit, incorporated
2429	under the provisions of chapter 617 and approved by the
2430	Department of State.
2431	2.  Organized and operated exclusively to receive, hold,
2432	invest, and administer property and to make expenditures to, or
2433	for the benefit of, a Florida College System institution
2434	community college in this state.
2435	3.  An organization that the Florida College System
2436	institution community college board of trustees, after review,
2437	has certified to be operating in a manner consistent with the
2438	goals of the Florida College System institution community
2439	college and in the best interest of the state. Any organization
2440	that is denied certification by the board of trustees may not
2441	use the name of the Florida College System institution community
2442	college that it serves.
2443	(b)  "Personal services" includes full-time or part-time
2444	personnel as well as payroll processing.
2445	(2)  BOARD OF DIRECTORS.-The chair of the board of trustees
2446	shall appoint a representative to the board of directors and the
2447	executive committee of each direct-support organization
2448	established under this section, including those established
2449	before July 1, 1998. The president of the Florida College System
2450	institution community college for which the direct-support
2451	organization is established, or the president's designee, shall
2452	also serve on the board of directors and the executive committee
2453	of the direct-support organization, including any direct-support
2454	organization established before July 1, 1998.
2455	(3)  USE OF PROPERTY.-
2456	(a)  The board of trustees is authorized to permit the use
2457	of property, facilities, and personal services at any Florida
2458	College System institution community college by any Florida
2459	College System institution community college direct-support
2460	organization, subject to the provisions of this section.
2461	(b)  The board of trustees is authorized to prescribe by
2462	rule any condition with which a Florida College System
2463	institution community college direct-support organization must
2464	comply in order to use property, facilities, or personal
2465	services at any Florida College System institution community
2466	college.
2467	(c)  The board of trustees may not permit the use of
2468	property, facilities, or personal services at any Florida
2469	College System institution community college by any Florida
2470	College System institution community college direct-support
2471	organization that does not provide equal employment
2472	opportunities to all persons regardless of race, color, national
2473	origin, gender, age, or religion.
2474	(4)  ACTIVITIES; RESTRICTIONS.-
2475	(a)  A direct-support organization may, at the request of
2476	the board of trustees, provide residency opportunities on or
2477	near campus for students.
2478	(b)  A direct-support organization that constructs
2479	facilities for use by a Florida College System institution
2480	community college or its students must comply with all
2481	requirements of law relating to the construction of facilities
2482	by a Florida College System institution community college,
2483	including requirements for competitive bidding.
2484	(c)  Any transaction or agreement between one direct-
2485	support organization and another direct-support organization or
2486	between a direct-support organization and a center of technology
2487	innovation designated under s. 1004.77 must be approved by the
2488	board of trustees.
2489	(d)  A Florida College System institution community college
2490	direct-support organization is prohibited from giving, either
2491	directly or indirectly, any gift to a political committee or
2492	committee of continuous existence as defined in s. 106.011 for
2493	any purpose other than those certified by a majority roll call
2494	vote of the governing board of the direct-support organization
2495	at a regularly scheduled meeting as being directly related to
2496	the educational mission of the Florida College System
2497	institution community college.
2498	(e)  A Florida College System institution community college
2499	board of trustees must authorize all debt, including lease-
2500	purchase agreements, incurred by a direct-support organization.
2501	Authorization for approval of short-term loans and lease-
2502	purchase agreements for a term of not more than 5 years,
2503	including renewals, extensions, and refundings, for goods,
2504	materials, equipment, and services may be delegated by the board
2505	of trustees to the board of directors of the direct-support
2506	organization. Trustees shall evaluate proposals for debt
2507	according to guidelines issued by the Division of Florida
2508	Colleges. Revenues of the Florida College System institution
2509	community college may not be pledged to debt issued by direct-
2510	support organizations.
2511	(5)  ANNUAL BUDGETS AND REPORTS.-Each direct-support
2512	organization shall submit to the board of trustees its federal
2513	Internal Revenue Service Application for Recognition of
2514	Exemption form (Form 1023) and its federal Internal Revenue
2515	Service Return of Organization Exempt from Income Tax form (Form
2516	990).
2517	(6)  ANNUAL AUDIT.-Each direct-support organization shall
2518	provide for an annual financial audit in accordance with rules
2519	adopted by the Auditor General pursuant to s. 11.45(8). The
2520	annual audit report must be submitted, within 9 months after the
2521	end of the fiscal year, to the Auditor General, the State Board
2522	of Education, and the board of trustees for review. The board of
2523	trustees, the Auditor General, and the Office of Program Policy
2524	Analysis and Government Accountability may require and receive
2525	from the organization or from its independent auditor any detail
2526	or supplemental data relative to the operation of the
2527	organization. The identity of donors who desire to remain
2528	anonymous shall be protected, and that anonymity shall be
2529	maintained in the auditor's report. All records of the
2530	organization, other than the auditor's report, any information
2531	necessary for the auditor's report, any information related to
2532	the expenditure of funds, and any supplemental data requested by
2533	the board of trustees, the Auditor General, and the Office of
2534	Program Policy Analysis and Government Accountability, shall be
2535	confidential and exempt from the provisions of s. 119.07(1).
2536	Section 55.  Section 1004.71, Florida Statutes, is amended
2537	to read:
2538	1004.71  Statewide Florida College System institution
2539	community college direct-support organizations.-
2540	(1)  DEFINITIONS.-For the purposes of this section:
2541	(a)  "Statewide Florida College System institution
2542	community college direct-support organization" means an
2543	organization that is:
2544	1.  A Florida corporation not for profit, incorporated
2545	under the provisions of chapter 617 and approved by the
2546	Department of State.
2547	2.  Organized and operated exclusively to receive, hold,
2548	invest, and administer property and to make expenditures to, or
2549	for the benefit of, the Florida College System institutions
2550	community colleges in this state.
2551	3.  An organization that the State Board of Education,
2552	after review, has certified to be operating in a manner
2553	consistent with the goals of the Florida College System
2554	institutions community colleges and in the best interest of the
2555	state.
2556	(b)  "Personal services" includes full-time or part-time
2557	personnel as well as payroll processing.
2558	(2)  BOARD OF DIRECTORS.-The chair of the State Board of
2559	Education may appoint a representative to the board of directors
2560	and the executive committee of any statewide, direct-support
2561	organization established under this section or s. 1004.70. The
2562	chair of the State Board of Education, or the chair's designee,
2563	shall also serve on the board of directors and the executive
2564	committee of any direct-support organization established to
2565	benefit Florida College System institutions the community
2566	colleges of Florida.
2567	(3)  USE OF PROPERTY.-
2568	(a)  The State Board of Education may permit the use of
2569	property, facilities, and personal services of the Department of
2570	Education by any statewide Florida College System institution
2571	community college direct-support organization, subject to the
2572	provisions of this section.
2573	(b)  The State Board of Education may prescribe by rule any
2574	condition with which a statewide Florida College System
2575	institution community college direct-support organization must
2576	comply in order to use property, facilities, or personal
2577	services of the Department of Education.
2578	(c)  The State Board of Education may not permit the use of
2579	property, facilities, or personal services of the Department of
2580	Education by any statewide Florida College System institution
2581	community college direct-support organization that does not
2582	provide equal employment opportunities to all persons regardless
2583	of race, color, national origin, gender, age, or religion.
2584	(4)  RESTRICTIONS.-
2585	(a)  A statewide, direct-support organization may not use
2586	public funds to acquire, construct, maintain, or operate any
2587	facilities.
2588	(b)  Any transaction or agreement between a statewide,
2589	direct-support organization and any other direct-support
2590	organization or between a statewide, direct-support organization
2591	and a center of technology innovation designated under s.
2592	1004.77 must be approved by the State Board of Education.
2593	(c)  A statewide Florida College System institution
2594	community college direct-support organization is prohibited from
2595	giving, either directly or indirectly, any gift to a political
2596	committee or committee of continuous existence as defined in s.
2597	106.011 for any purpose other than those certified by a majority
2598	roll call vote of the governing board of the direct-support
2599	organization at a regularly scheduled meeting as being directly
2600	related to the educational mission of the State Board of
2601	Education.
2602	(5)  ANNUAL BUDGETS AND REPORTS.-Each direct-support
2603	organization shall submit to the State Board of Education its
2604	federal Internal Revenue Service Application for Recognition of
2605	Exemption form (Form 1023) and its federal Internal Revenue
2606	Service Return of Organization Exempt from Income Tax form (Form
2607	990).
2608	(6)  ANNUAL AUDIT.-A statewide Florida College System
2609	institution community college direct-support organization shall
2610	provide for an annual financial audit in accordance with s.
2611	1004.70. The identity of a donor or prospective donor who
2612	desires to remain anonymous and all information identifying such
2613	donor or prospective donor are confidential and exempt from the
2614	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2615	Constitution. Such anonymity shall be maintained in the
2616	auditor's report.
2617	Section 56.  Subsection (1) of section 1004.725, Florida
2618	Statutes, is amended to read:
2619	1004.725  Expenditures for self-insurance services; special
2620	account.-
2621	(1)  The Florida College System institution community
2622	college boards of trustees, singly or collectively, are
2623	authorized to contract with an administrator or service company
2624	approved pursuant to chapter 626 to provide self-insurance
2625	services, including, but not limited to, the evaluation,
2626	settlement, and payment of self-insurance claims on behalf of
2627	the board of trustees or a consortium of boards of trustees.
2628	Section 57.  Section 1004.726, Florida Statutes, is amended
2629	to read:
2630	1004.726  Trademarks, copyrights, or patents.-Each Florida
2631	College System institution community college board of trustees
2632	may develop and produce work products relating to educational
2633	endeavors that are subject to trademark, copyright, or patent
2634	statutes. To this end, the board of trustees shall consider the
2635	relative contribution by the personnel employed in the
2636	development of such work products and shall enter into binding
2637	agreements with such personnel, organizations, corporations, or
2638	government entities, which agreements shall establish the
2639	percentage of ownership of such trademarks, copyrights, or
2640	patents. Any other law to the contrary notwithstanding, the
2641	board of trustees may in its own name:
2642	(1)  Perform all things necessary to secure letters of
2643	patent, copyrights, and trademarks on any such work products and
2644	enforce its rights therein.
2645	(2)  License, lease, assign, or otherwise give written
2646	consent to any person, firm, or corporation for the manufacture
2647	or use of its work products on a royalty basis or for such other
2648	consideration as the board of trustees deems proper.
2649	(3)  Take any action necessary, including legal action, to
2650	protect its work products against improper or unlawful use of
2651	infringement.
2652	(4)  Enforce the collection of any sums due the board of
2653	trustees for the manufacture or use of its work products by any
2654	other party.
2655	(5)  Sell any of its work products and execute all
2656	instruments necessary to consummate any such sale.
2657	(6)  Do all other acts necessary and proper for the
2658	execution of powers and duties provided by this section.
2659	Section 58.  Subsection (4) of section 1004.74, Florida
2660	Statutes, is amended to read:
2661	1004.74  Florida School of the Arts.-
2662	(4)  The Council for the Florida School of the Arts shall
2663	be established to advise the Florida College System institution
2664	community college district board of trustees on matters
2665	pertaining to the operation of the school. The council shall
2666	consist of nine members, appointed by the Commissioner of
2667	Education for 4-year terms. A member may serve three terms and
2668	may serve until replaced.
2669	Section 59.  Subsections (2), (3), (4), (5), and (6) of
2670	section 1004.75, Florida Statutes, are amended to read:
2671	1004.75  Training school consolidation pilot projects.-
2672	(2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING PROGRAMS.-
2673	Notwithstanding ss. 1001.31, 1001.33, and 1007.25, or any other
2674	provision of law to the contrary, criminal justice training
2675	programs in the pilot counties will transfer to Florida College
2676	System institutions community colleges, effective July 1, 1999,
2677	at which time responsibility for the provision of basic recruit,
2678	advanced, career development, and continuing training courses
2679	and programs offered in public criminal justice training
2680	programs and for the operation of existing public criminal
2681	justice training programs will be shifted from the school
2682	district to the Florida College System institution community
2683	college in whose service area the public criminal justice
2684	training program is located. Certification of the program
2685	granted by the Criminal Justice Standards and Training
2686	Commission will be transferred to the respective Florida College
2687	System institution community college and the college must
2688	continue to meet the requirements of the commission.
2689	(3)  FACILITIES.-
2690	(a)  Criminal justice training program educational
2691	facilities, educational plants, and related equipment as defined
2692	in s. 1013.01(6) and (7) which are owned by the state and paid
2693	for with only state funds shall be transferred to the Florida
2694	College System institution community college, except that, if
2695	such an educational facility or educational plant or part of
2696	such facility or plant is used for other purposes in addition to
2697	public criminal justice training, the Criminal Justice Standards
2698	and Training Commission shall mediate the transfer or a suitable
2699	multiuse arrangement.
2700	(b)  Criminal justice training program educational
2701	facilities, educational plants, and related equipment as defined
2702	in s. 1013.01(6) and (7) which are owned by the school district
2703	and paid for in whole or in part with local tax funds shall be
2704	leased to the Florida College System institution community
2705	college. However, if such an educational facility or educational
2706	plant, or part of such facility or plant, is used for other
2707	purposes in addition to public criminal justice training, the
2708	Criminal Justice Standards and Training Commission shall mediate
2709	a suitable lease agreement. If a school district and a Florida
2710	College System institution community college cannot agree on the
2711	terms and conditions of the lease agreement, the Criminal
2712	Justice Standards and Training Commission shall finalize the
2713	agreement and report its decision to the Legislature. The
2714	Department of Education, Office of Educational Facilities, shall
2715	conduct an analysis, by December 31, 1999, to determine the
2716	amount of local tax contribution used in the construction of a
2717	school-district-owned criminal justice training program,
2718	educational facility, or educational plant affected by the
2719	transfer. This analysis shall be used to establish a purchase
2720	price for the facility or plant. The Florida College System
2721	institution community college board of trustees may make a
2722	legislative budget request through the State Board of Education
2723	to purchase the facility or plant, or it may continue to lease
2724	the facility or plant.
2725	(4)  PROGRAM REQUIREMENTS.-Each pilot training center will
2726	be regional in nature, as defined by the Criminal Justice
2727	Standards and Training Commission. Each Florida College System
2728	institution community college with responsibility for a public
2729	criminal justice training program must:
2730	(a)  Establish a pilot training center advisory committee
2731	made up of professionals from the field of each training program
2732	included in the pilot project.
2733	(b)  Provide certificate and noncredit options for students
2734	and training components of the pilot training center that so
2735	require.
2736	(c)  Develop an articulation agreement with state
2737	universities to facilitate the transfer of graduates of a
2738	Florida College System institution community college degree
2739	training program to the upper division of a state university
2740	with a corresponding program.
2741	(5)  STAFFING.-The Florida College System institution
2742	community college board of trustees may provide for school
2743	district public criminal justice training staff employed in
2744	full-time budgeted positions to be transferred into the Florida
2745	College System institution community college personnel system at
2746	the same rate of salary. Retirement and leave provisions will be
2747	transferred according to law.
2748	(6)  FUNDING.-The Department of Education shall shift funds
2749	generated by students in the pilot training centers established
2750	by this section, including workforce development recurring and
2751	nonrecurring funds, from the appropriate school district to the
2752	respective Florida College System institution community college.
2753	The Florida College System institution community college shall
2754	qualify for future facilities funding upon transfer of the
2755	facility.
2756	(a)  Consistent with s. 1011.62(8), school districts that
2757	transfer programs will receive an amount equal to 15 percent of
2758	the funding generated for the program under the FEFP in 1996-
2759	1997.
2760	(b)  Reflecting the lower program costs in Florida College
2761	System institutions community colleges, notwithstanding the
2762	funding generated in paragraph (a), Florida College System
2763	institutions community colleges will receive 90 percent of the
2764	funding generated for the program under the FEFP in 1996-1997.
2765	The school district will retain the remaining 10 percent.
2766	(c)  Notwithstanding ss. 1009.22(3)(a) and 1011.80(5)(a),
2767	or any other provision of law to the contrary, fees for
2768	continuing workforce education for public law enforcement
2769	officers at these pilot centers shall not exceed 25 percent of
2770	the cost of the course, and state funding shall not under any
2771	circumstances exceed 50 percent of the cost of the course.
2772	Section 60.  Subsections (1) and (2), paragraphs (a) and
2773	(b) of subsection (4), subsection (5), and paragraphs (b), (c),
2774	and (d) of subsection (7) of section 1004.77, Florida Statutes,
2775	are amended to read:
2776	1004.77  Centers of technology innovation.-
2777	(1)  The State Board of Education may designate centers of
2778	technology innovation at single Florida College System
2779	institutions community colleges, consortia of Florida College
2780	System institutions community colleges, or consortia of Florida
2781	College System institutions community colleges with other
2782	educational institutions. The state board shall adopt rules
2783	necessary to implement the provisions of this section. The state
2784	board shall cooperate with the Workforce Florida, Inc., in the
2785	designation of the centers as it relates to the centers of
2786	applied technology.
2787	(2)  Centers shall be designated when a Florida College
2788	System institution community college or consortia provides
2789	evidence that it has developed expertise in one or more
2790	specialized technologies. To be designated, the Florida College
2791	System institution community college or consortia must provide
2792	benefits to the state, which may include, but are not limited
2793	to:
2794	(a)  Curriculum development.
2795	(b)  Faculty development.
2796	(c)  Research, testing, and technology transfer.
2797	(d)  Instructional equipment and materials identification
2798	and development.
2799	(e)  Partnerships with industries dependent upon staying
2800	current in the related technologies and in the development of
2801	workforce capabilities.
2802	(f)  Partnerships with industries needing to convert their
2803	existing technology base to other technologies in order to
2804	continue conducting business in Florida, including converting
2805	defense-related technologies to other technologies.
2806	(4)  Centers may provide instruction, as follows:
2807	(a)  To students enrolled in the Florida College System
2808	institution community college, especially for purposes of
2809	providing training for technicians in areas that support the
2810	employers involved in the technology specialization.
2811	(b)  To students enrolled at the undergraduate and graduate
2812	level in a university, college, or Florida College System
2813	institution community college which is a member of the
2814	designated consortia. Such enrollment shall be funded by the
2815	enrolling institution.
2816	(5)  The State Board of Education shall give priority in
2817	the designation of centers to those Florida College System
2818	institutions community colleges that specialize in technology in
2819	environmental areas and in areas related to target industries of
2820	Enterprise Florida, Inc. Priority in designation shall also be
2821	given to Florida College System institutions community colleges
2822	that develop new and improved manufacturing techniques and
2823	related business practices.
2824	(7)  Each center shall have a board of directors with at
2825	least five members who shall be appointed by the district board
2826	of trustees. The board of directors is responsible for
2827	overseeing the operation of the center, approval of the annual
2828	budget, and setting policy to guide the director in the
2829	operation of the center. The board of directors shall consist of
2830	at least the following:
2831	(b)  The vice president of academic affairs, or the
2832	equivalent, of the Florida College System institution community
2833	college.
2834	(c)  The vice president of business affairs, or the
2835	equivalent, of the Florida College System institution community
2836	college.
2837	(d)  Two members designated by the president of the Florida
2838	College System institution community college.
2839	Section 61.  Section 1004.78, Florida Statutes, is amended
2840	to read:
2841	1004.78  Technology transfer centers at Florida College
2842	System institutions community colleges.-
2843	(1)  Each Florida College System institution community
2844	college may establish a technology transfer center for the
2845	purpose of providing institutional support to local business and
2846	industry and governmental agencies in the application of new
2847	research in technology. The primary responsibilities of such
2848	centers may include: identifying technology research developed
2849	by universities, research institutions, businesses, industries,
2850	the United States Armed Forces, and other state or federal
2851	governmental agencies; determining and demonstrating the
2852	application of technologies; training workers to integrate
2853	advanced equipment and production processes; and determining for
2854	business and industry the feasibility and efficiency of
2855	accommodating advanced technologies.
2856	(2)  The Florida College System institution community
2857	college board of trustees shall set such policies to regulate
2858	the activities of the technology transfer center as it may
2859	consider necessary to effectuate the purposes of this section
2860	and to administer the programs of the center in a manner which
2861	assures efficiency and effectiveness, producing the maximum
2862	benefit for the educational programs and maximum service to the
2863	state. To this end, materials that relate to methods of
2864	manufacture or production, potential trade secrets, potentially
2865	patentable material, actual trade secrets, business
2866	transactions, or proprietary information received, generated,
2867	ascertained, or discovered during the course of activities
2868	conducted within the Florida College System institutions
2869	community colleges shall be confidential and exempt from the
2870	provisions of s. 119.07(1), except that a Florida College System
2871	institution community college shall make available upon request
2872	the title and description of a project, the name of the
2873	investigator, and the amount and source of funding provided for
2874	such project.
2875	(3)  A technology transfer center created under the
2876	provisions of this section shall be under the supervision of the
2877	board of trustees of that Florida College System institution
2878	community college, which is authorized to appoint a director; to
2879	employ full-time and part-time staff, research personnel, and
2880	professional services; to employ on a part-time basis personnel
2881	of the Florida College System institution community college; and
2882	to employ temporary employees whose salaries are paid entirely
2883	from the permanent technology transfer fund or from that fund in
2884	combination with other nonstate sources, with such positions
2885	being exempt from the requirements of the Florida Statutes
2886	relating to salaries, except that no such appointment shall be
2887	made for a total period of longer than 1 year.
2888	(4)  The board of trustees of the Florida College System
2889	institution community college in which a technology transfer
2890	center is created, or its designee, may negotiate, enter into,
2891	and execute contracts; solicit and accept grants and donations;
2892	and fix and collect fees, other payments, and donations that may
2893	accrue by reason thereof for technology transfer activities. The
2894	board of trustees or its designee may negotiate, enter into, and
2895	execute contracts on a cost-reimbursement basis and may provide
2896	temporary financing of such costs prior to reimbursement from
2897	moneys on deposit in the technology transfer fund, except as may
2898	be prohibited elsewhere by law.
2899	(5)  A technology transfer center shall be financed from
2900	the Academic Improvement Program or from moneys of a Florida
2901	College System institution community college which are on
2902	deposit or received for use in the activities conducted in the
2903	center. Such moneys shall be deposited by the Florida College
2904	System institution community college in a permanent technology
2905	transfer fund in a depository or depositories approved for the
2906	deposit of state funds and shall be accounted for and disbursed
2907	subject to audit by the Auditor General.
2908	(6)  The fund balance in any existing research trust fund
2909	of a Florida College System institution community college at the
2910	time a technology transfer center is created shall be
2911	transferred to a permanent technology transfer fund established
2912	for the Florida College System institution community college,
2913	and thereafter the fund balance of the technology transfer fund
2914	at the end of any fiscal period may be used during any
2915	succeeding period pursuant to this section.
2916	(7)  Moneys deposited in the permanent technology transfer
2917	fund of a Florida College System institution community college
2918	shall be disbursed in accordance with the terms of the contract,
2919	grant, or donation under which they are received. Moneys
2920	received for overhead or indirect costs and other moneys not
2921	required for the payment of direct costs shall be applied to the
2922	cost of operating the technology transfer center.
2923	(8)  All purchases of a technology transfer center shall be
2924	made in accordance with the policies and procedures of the
2925	Florida College System institution community college.
2926	(9)  The Florida College System institution community
2927	college board of trustees may authorize the construction,
2928	alteration, or remodeling of buildings when the funds used are
2929	derived entirely from the technology transfer fund of a Florida
2930	College System institution community college or from that fund
2931	in combination with other nonstate sources, provided that such
2932	construction, alteration, or remodeling is for use exclusively
2933	by the center. It also may authorize the acquisition of real
2934	property when the cost is entirely from said funds. Title to all
2935	real property shall vest in the board of trustees.
2936	(10)  The State Board of Education may award grants to
2937	Florida College System institutions community colleges, or
2938	consortia of public and private colleges and universities and
2939	other public and private entities, for the purpose of supporting
2940	the objectives of this section. Grants awarded pursuant to this
2941	subsection shall be in accordance with rules of the State Board
2942	of Education. Such rules shall include the following provisions:
2943	(a)  The number of centers established with state funds
2944	provided expressly for the purpose of technology transfer shall
2945	be limited, but shall be geographically located to maximize
2946	public access to center resources and services.
2947	(b)  Grants to centers funded with state revenues
2948	appropriated specifically for technology transfer activities
2949	shall be reviewed and approved by the State Board of Education
2950	using proposal solicitation, evaluation, and selection
2951	procedures established by the state board in consultation with
2952	Enterprise Florida, Inc. Such procedures may include designation
2953	of specific areas or applications of technology as priorities
2954	for the receipt of funding.
2955	(c)  Priority for the receipt of state funds appropriated
2956	specifically for the purpose of technology transfer shall be
2957	given to grant proposals developed jointly by Florida College
2958	System institutions community colleges and public and private
2959	colleges and universities.
2960	(11)  Each technology transfer center established under the
2961	provisions of this section shall establish a technology transfer
2962	center advisory committee. Each committee shall include
2963	representatives of a university or universities conducting
2964	research in the area of specialty of the center. Other members
2965	shall be determined by the Florida College System institution
2966	community college board of trustees.
2967	Section 62.  Section 1004.79, Florida Statutes, is amended
2968	to read:
2969	1004.79  Incubator facilities for small business concerns.-
2970	(1)  Each Florida College System institution community
2971	college established pursuant to s. 1004.02(2) may provide
2972	incubator facilities to eligible small business concerns. As
2973	used in this section, "small business concern" shall be defined
2974	as an independently owned and operated business concern
2975	incorporated in Florida which is not an affiliate or a
2976	subsidiary of a business dominant in its field of operation, and
2977	which employs 25 or fewer full-time employees. "Incubator
2978	facility" shall be defined as a facility in which small business
2979	concerns share common space, equipment, and support personnel
2980	and through which such concerns have access to professional
2981	consultants for advice related to the technical and business
2982	aspects of conducting a commercial enterprise. The Florida
2983	College System institution community college board of trustees
2984	shall authorize concerns for inclusion in the incubator
2985	facility.
2986	(2)  Each Florida College System institution community
2987	college that provides an incubator facility shall provide the
2988	following:
2989	(a)  Management and maintenance of the incubator facility.
2990	(b)  Secretarial and other support personnel, equipment,
2991	and utilities.
2992	(c)  Mechanisms to assist with the acquisition of
2993	technical, management, and entrepreneurial expertise to resident
2994	and other local small business concerns.
2995	(3)  The incubator facility and any improvements to the
2996	facility shall be owned or leased by the Florida College System
2997	institution community college. The Florida College System
2998	institution community college may charge residents of the
2999	facility all or part of the cost for facilities, utilities, and
3000	support personnel and equipment. No small business concern shall
3001	reside in the incubator facility for more than 5 calendar years.
3002	The state shall not be liable for any act or failure to act of
3003	any small business concern residing in an incubator facility
3004	pursuant to this section or of any such concern benefiting from
3005	the incubator facilities program.
3006	(4)  Florida College System institutions Community colleges
3007	are encouraged to establish incubator facilities through which
3008	emerging small businesses supportive of spaceport endeavors and
3009	other high-technology enterprises may be served.
3010	(5)  Florida College System institutions Community colleges
3011	are encouraged to establish incubator facilities through which
3012	emerging small businesses supportive of development of content
3013	and technology for digital broadband media and digital
3014	broadcasting may be served.
3015	Section 63.  Subsections (1), (2), and (3) of section
3016	1004.80, Florida Statutes, are amended to read:
3017	1004.80  Economic development centers.-
3018	(1)  Florida College System institutions Community colleges
3019	may establish economic development centers for the purpose of
3020	serving as liaisons between Florida College System institutions
3021	community colleges and the business sector. The responsibilities
3022	of each center shall include:
3023	(a)  Promoting the economic well-being of businesses and
3024	industries.
3025	(b)  Coordinating, with chambers of commerce, government
3026	agencies, district school boards, and other organizations,
3027	efforts to provide educational programs which promote economic
3028	development, including, but not limited to, business incubators,
3029	industrial development and research parks, industry recruitment
3030	efforts, publication of business research and resource guides,
3031	and sponsorship of workshops, conferences, seminars, and
3032	consultation services.
3033	(2)  The board of trustees of a Florida College System
3034	institution community college in which an economic development
3035	center is created, or its designee, may negotiate, enter into,
3036	and execute contracts; solicit and accept grants and donations;
3037	and fix and collect fees, other payments, and donations that may
3038	accrue by reason of activities of the center and its staff.
3039	(3)  Economic development centers shall operate under
3040	policies and procedures established by the Florida College
3041	System institution community college board of trustees.
3042	Section 64.  Section 1004.81, Florida Statutes, is amended
3043	to read:
3044	1004.81  Establishment of child development training
3045	centers at Florida College System institutions community
3046	colleges.-
3047	(1)  The Legislature recognizes the importance of preschool
3048	developmental education and the need for adult students with
3049	limited economic resources to have access to high-quality,
3050	affordable child care at variable hours for their children. It
3051	is therefore the intent of the Legislature that Florida College
3052	System institutions community colleges provide high-quality,
3053	affordable child care to the children of adult students enrolled
3054	in Florida College System institutions community colleges. The
3055	primary purpose of these child development training centers is
3056	to provide affordable child care for children of adult students,
3057	particularly those who demonstrate financial need, as well as
3058	for employees and staff of the institution. Further, the child
3059	development training centers are intended to provide both
3060	preschool instruction to the children and clinical experiences
3061	for prospective child care and early childhood instructional and
3062	administrative personnel. A secondary mission of the centers
3063	shall be to provide instruction in parenting skills for the
3064	clients of the center as well as for the community.
3065	(2)  In consultation with the student government
3066	association or a recognized student group representing the
3067	student body, a Florida College System institution community
3068	college board of trustees may establish a child development
3069	training center in accordance with this section. Each child
3070	development training center shall be a child care center
3071	established to provide child care during the day and at variable
3072	hours, including evenings and weekends, for the children of
3073	students. Emphasis should be placed on serving students who
3074	demonstrate financial need as defined by the board of trustees.
3075	At least 50 percent of the child care slots must be made
3076	available to students, and financially needy students, as
3077	defined by the board of trustees, shall receive child care slots
3078	first. The center may serve the children of staff, employees,
3079	and faculty; however, a designated number of child care slots
3080	shall not be allocated for employees. Whenever possible, the
3081	center shall be located on the campus of the Florida College
3082	System institution community college. However, the board may
3083	elect to provide child care services for students through
3084	alternative mechanisms, which may include contracting with
3085	private providers.
3086	(3)  There shall be a board of directors of each child
3087	development training center, consisting of the president or his
3088	or her designee, the student government president or his or her
3089	designee, the chair of the department participating in the
3090	center or his or her designee, and one parent for each 25
3091	children enrolled in the center, elected by the parents of the
3092	children enrolled in the center. There shall be a director of
3093	each center, selected by the board of directors of the center.
3094	The director shall be an ex officio, nonvoting member of the
3095	board. The board of trustees shall establish local policies and
3096	perform local oversight and operational guidance for the center.
3097	(4)  Each center may charge fees for the care and services
3098	it provides. Each board of trustees shall establish mechanisms
3099	to facilitate access to center services for students with
3100	financial need, which shall include a sliding fee scale and
3101	other methods adopted by the board of trustees to reduce or
3102	defray payment of fees for students. The board of trustees is
3103	authorized to seek and receive grants and other resources to
3104	support the operation of the child development center.
3105	(5)  In addition to revenues derived from child care fees
3106	charged to parents and other external resources, each child
3107	development training center may be funded by a portion of funds
3108	from the student activity and service fee authorized by s.
3109	1009.23(7) and the capital improvement fee authorized by s.
3110	1009.23(11). Florida College System institutions Community
3111	colleges are authorized to transfer funds as necessary from the
3112	Florida College System institution's community college's general
3113	fund to support the operation of the child development training
3114	center.
3115	(6)  This section does not preclude the continuation of or
3116	in any way affect child care centers operated by Florida College
3117	System institutions community colleges that were established by
3118	the district board of trustees prior to July 1, 1994.
3119	Section 65.  Paragraph (g) of subsection (1) of section
3120	1004.86, Florida Statutes, is amended to read:
3121	1004.86  Florida Center for Mathematics and Science
3122	Education Research.-
3123	(1)  The Department of Education shall contract with a
3124	competitively selected public or private university to create
3125	and operate the Florida Center for Mathematics and Science
3126	Education Research. The purpose of the center is increasing
3127	student achievement in mathematics and science, with an emphasis
3128	on K-12 education. The center shall:
3129	(g)  Establish partnerships with public and private
3130	universities, Florida College System institutions community
3131	colleges, school districts, and other appropriate entities to
3132	further increase student achievement in mathematics and science.
3133	Section 66.  Subsection (1) of section 1004.91, Florida
3134	Statutes, is amended to read:
3135	1004.91  Career-preparatory instruction.-
3136	(1)  The State Board of Education shall adopt, by rule,
3137	standards of basic skill mastery for certificate career
3138	education programs. Each school district and Florida College
3139	System institution community college that conducts programs that
3140	confer career credit shall provide career-preparatory
3141	instruction through which students receive the basic skills
3142	instruction required pursuant to this section.
3143	Section 67.  Subsections (1) and (2) of section 1004.92,
3144	Florida Statutes, are amended to read:
3145	1004.92  Purpose and responsibilities for career
3146	education.-
3147	(1)  The purpose of career education is to enable students
3148	who complete career programs to attain and sustain employment
3149	and realize economic self-sufficiency. The purpose of this
3150	section is to identify issues related to career education for
3151	which school boards and Florida College System institution
3152	community college boards of trustees are accountable. It is the
3153	intent of the Legislature that the standards articulated in
3154	subsection (2) be considered in the development of
3155	accountability standards for public schools pursuant to ss.
3156	1000.03, 1001.42(18), and 1008.345 and for Florida College
3157	System institutions community colleges pursuant to s. 1008.45.
3158	(2)(a)  School board, superintendent, and career center,
3159	and Florida College System institution community college board
3160	of trustees and president, accountability for career education
3161	programs includes, but is not limited to:
3162	1.  Student demonstration of the academic skills necessary
3163	to enter an occupation.
3164	2.  Student preparation to enter an occupation in an entry-
3165	level position or continue postsecondary study.
3166	3.  Career program articulation with other corresponding
3167	postsecondary programs and job training experiences.
3168	4.  Employer satisfaction with the performance of students
3169	who complete career education or reach occupational completion
3170	points.
3171	5.  Student completion, placement, and retention rates
3172	pursuant to s. 1008.43.
3173	(b)  Department of Education accountability for career
3174	education includes, but is not limited to:
3175	1.  The provision of timely, accurate technical assistance
3176	to school districts and Florida College System institutions
3177	community colleges.
3178	2.  The provision of timely, accurate information to the
3179	State Board of Education, the Legislature, and the public.
3180	3.  The development of policies, rules, and procedures that
3181	facilitate institutional attainment of the accountability
3182	standards and coordinate the efforts of all divisions within the
3183	department.
3184	4.  The development of program standards and industry-
3185	driven benchmarks for career, adult, and community education
3186	programs, which must be updated every 3 years. The standards
3187	must include career, academic, and workplace skills; viability
3188	of distance learning for instruction; and work/learn cycles that
3189	are responsive to business and industry.
3190	5.  Overseeing school district and Florida College System
3191	institution community college compliance with the provisions of
3192	this chapter.
3193	6.  Ensuring that the educational outcomes for the
3194	technical component of career programs are uniform and designed
3195	to provide a graduate who is capable of entering the workforce
3196	on an equally competitive basis regardless of the institution of
3197	choice.
3198	Section 68.  Paragraphs (a) and (b) of subsection (3),
3199	paragraphs (d) and (e) of subsection (4), and subsections (6)
3200	and (7) of section 1004.93, Florida Statutes, are amended to
3201	read:
3202	1004.93  Adult general education.-
3203	(3)(a)  Each district school board or Florida College
3204	System institution community college board of trustees shall
3205	negotiate with the regional workforce board for basic and
3206	functional literacy skills assessments for participants in the
3207	welfare transition employment and training programs. Such
3208	assessments shall be conducted at a site mutually acceptable to
3209	the district school board or Florida College System institution
3210	community college board of trustees and the regional workforce
3211	board.
3212	(b)  State employees who are employed in local or regional
3213	offices of state agencies shall inform clients of the
3214	availability of adult basic and secondary programs in the
3215	region. The identities of clients who do not possess high school
3216	diplomas or who demonstrate skills below the level of functional
3217	literacy shall be conveyed, with their consent, to the local
3218	school district or Florida College System institution community
3219	college, or both.
3220	(4)
3221	(d)  Expenditures for college-preparatory and lifelong
3222	learning students shall be reported separately. Allocations for
3223	college-preparatory courses shall be based on proportional full-
3224	time equivalent enrollment. Program review results shall be
3225	included in the determination of subsequent allocations. A
3226	student shall be funded to enroll in the same college-
3227	preparatory class within a skill area only twice, after which
3228	time the student shall pay 100 percent of the full cost of
3229	instruction to support the continuous enrollment of that student
3230	in the same class; however, students who withdraw or fail a
3231	class due to extenuating circumstances may be granted an
3232	exception only once for each class, provided approval is granted
3233	according to policy established by the board of trustees. Each
3234	Florida College System institution community college shall have
3235	the authority to review and reduce payment for increased fees
3236	due to continued enrollment in a college-preparatory class on an
3237	individual basis contingent upon the student's financial
3238	hardship, pursuant to definitions and fee levels established by
3239	the State Board of Education. College-preparatory and lifelong
3240	learning courses do not generate credit toward an associate or
3241	baccalaureate degree.
3242	(e)  A district school board or a Florida College System
3243	institution community college board of trustees may negotiate a
3244	contract with the regional workforce board for specialized
3245	services for participants in the welfare transition program,
3246	beyond what is routinely provided for the general public, to be
3247	funded by the regional workforce board.
3248	(6)  The commissioner shall recommend the level of funding
3249	for public school and Florida College System institution
3250	community college adult education within the legislative budget
3251	request and make other recommendations and reports considered
3252	necessary or required by rules of the State Board of Education.
3253	(7)  Buildings, land, equipment, and other property owned
3254	by a district school board or Florida College System institution
3255	community college board of trustees may be used for the conduct
3256	of the adult education program. Buildings, land, equipment, and
3257	other property owned or leased by cooperating public or private
3258	agencies, organizations, or institutions may also be used for
3259	the purposes of this section.
3260	Section 69.  Paragraph (a) of subsection (1) and subsection
3261	(4) of section 1004.94, Florida Statutes, are amended to read:
3262	1004.94  Adult literacy.-
3263	(1)(a)  An adult, individualized literacy instruction
3264	program is created for adults who possess literacy skills below
3265	the ninth grade level. The purpose of the program is to provide
3266	self-paced, competency-based, individualized tutorial
3267	instruction. The commissioner shall administer this section in
3268	coordination with Florida College System institution community
3269	college boards of trustees, local school boards, and the
3270	Division of Library and Information Services of the Department
3271	of State.
3272	(4)(a)  The commissioner shall submit a state adult
3273	literacy plan to the State Board of Education to serve as a
3274	reference for district school boards and Florida College System
3275	institutions community colleges boards of trustees to increase
3276	adult literacy in their service areas as prescribed in the
3277	agency functional plan of the Department of Education. The plan
3278	must include, at a minimum:
3279	1.  Policies and objectives for adult literacy programs,
3280	including evaluative criteria.
3281	2.  Strategies for coordinating adult literacy activities
3282	with programs and services provided by other state and local
3283	nonprofit agencies, as well as strategies for maximizing other
3284	funding, resources, and expertise.
3285	3.  Procedures for identifying, recruiting, and retaining
3286	adults who possess literacy skills below the ninth grade level.
3287	4.  Sources of relevant demographic information and methods
3288	of projecting the number of adults who possess literacy skills
3289	below the ninth grade level.
3290	5.  Acceptable methods of demonstrating compliance with the
3291	provisions of this section.
3292	6.  Guidelines for the development and implementation of
3293	local adult literacy plans. At a minimum, such guidelines must
3294	address:
3295	a.  The recruitment and preparation of volunteer tutors.
3296	b.  Interagency and intraagency cooperation and
3297	coordination, especially with public libraries and other
3298	sponsors of literacy programs.
3299	c.  Desirable learning environments, including class size.
3300	d.  Program evaluation standards.
3301	e.  Methods for identifying, recruiting, and retaining
3302	adults in literacy programs.
3303	f.  Adult literacy through family literacy and workforce
3304	literacy programs.
3305	(b)  Every 3 years, the district school board or Florida
3306	College System institution community college board of trustees
3307	shall develop and maintain a local adult literacy plan.
3308	Section 70.  Subsection (1) of section 1004.95, Florida
3309	Statutes, is amended to read:
3310	1004.95  Adult literacy centers.-
3311	(1)  The Commissioner of Education shall select Florida
3312	College System institutions community colleges and public school
3313	districts to establish and operate adult literacy centers to
3314	complement existing public and private instructional adult
3315	literacy programs. The centers shall identify, contact, counsel,
3316	and refer persons considered to be lacking basic or functional
3317	literacy skills or competencies related to prose, document, and
3318	quantitative literacy skills to the appropriate private and
3319	public agencies, including human service agencies. The centers
3320	may not duplicate or supplant the existing services provided by
3321	public and private agencies operating within the district.
3322	Section 71.  Subsection (2), paragraph (a) of subsection
3323	(3), and subsections (4) and (6) of section 1004.97, Florida
3324	Statutes, are amended to read:
3325	1004.97  Florida Literacy Corps.-
3326	(2)  There is created a Florida Literacy Corps to be
3327	administered by the Department of Education pursuant to this
3328	section and rules of the State Board of Education. Participating
3329	students earn college credit for tutoring adults who do not
3330	possess basic or functional literacy skills pursuant to an
3331	agreement between the institution in which the student is
3332	enrolled and the district school board, Florida College System
3333	institution community college board of trustees, public library,
3334	or nonprofit organization offering literacy instruction to
3335	adults pursuant to s. 1004.94. The district school board,
3336	Florida College System institution community college board of
3337	trustees, public library, or nonprofit organization is solely
3338	responsible for providing literacy programs and instructing
3339	participating postsecondary students.
3340	(3)  In order to be eligible to participate in the Florida
3341	Literacy Corps, a student must:
3342	(a)  Be enrolled in an eligible state university or Florida
3343	College System institution community college at least half time
3344	and be in good standing, as defined by the institution.
3345	(4)  In order to be eligible to participate in the Florida
3346	Literacy Corps, a state university or Florida College System
3347	institution community college must:
3348	(a)  Establish one or more undergraduate or graduate
3349	courses, or both, in which participating students may earn a
3350	maximum of 3 credit hours per semester, and a maximum of 6
3351	credit hours over two or more semesters, by tutoring adults who
3352	do not possess basic or functional literacy skills. The
3353	institution shall establish such courses in the common course
3354	designation and numbering system. The courses must require
3355	students to complete instruction for prospective tutors, tutor
3356	adults for at least 25 hours per semester for each hour of
3357	credit awarded, and satisfy any other requirements imposed by
3358	the institution.
3359	(b)  Submit a proposal to the Department of Education for
3360	review and approval. The proposal must include, but is not
3361	limited to:
3362	1.  Identification of the school district, Florida College
3363	System institution community college, public library, or
3364	nonprofit organization with which participating students will be
3365	working.
3366	2.  Demonstration of the need for literacy tutors by the
3367	school district, Florida College System institution community
3368	college, public library, or nonprofit organization.
3369	3.  Demonstration of commitment by the public school,
3370	Florida College System institution community college, public
3371	library, or nonprofit organization to provide instruction for
3372	tutors.
3373	4.  Description of the literacy program.
3374	5.  Demonstration of student interest in program
3375	participation.
3376	6.  Designation of one or more faculty to conduct the
3377	Florida Literacy Corps course and identification of the
3378	qualifications of such faculty.
3379	(6)  Each participating state university and Florida
3380	College System institution community college shall submit an
3381	annual report to the Commissioner of Education which includes,
3382	but is not limited to:
3383	(a)  The number of hours of tutoring conducted by
3384	participating students.
3385	(b)  The number of students enrolled in the courses.
3386	(c)  The number of students who successfully complete the
3387	courses.
3388	(d)  An evaluation of the tutors' effectiveness as judged
3389	by the participating school district, Florida College System
3390	institution community college, public library, or nonprofit
3391	organization. The department shall develop a common evaluation
3392	form for this purpose.
3393	(e)  The number of full-time equivalent enrollments
3394	generated by the participating students.
3395	Section 72.  Section 1004.98, Florida Statutes, is amended
3396	to read:
3397	1004.98  Workforce literacy programs.-
3398	(1)  The workforce literacy program is established within
3399	the Florida College System institutions community colleges and
3400	school districts to ensure the existence of sufficient numbers
3401	of employees who possess the skills necessary to perform in
3402	entry-level occupations and to adapt to technological advances
3403	in the workplace. Workforce literacy programs are intended to
3404	support economic development by increasing adult literacy and
3405	producing an educated workforce.
3406	(2)  Each Florida College System institution community
3407	college and school district may conduct courses and programs
3408	through which adults gain the communication and computation
3409	skills necessary to complete a career program, to gain or
3410	maintain entry-level employment, or to upgrade employment.
3411	Courses may not be conducted until the Florida College System
3412	institution community college or school district identifies
3413	current and prospective employees who do not possess the skills
3414	necessary to enter career programs or to obtain or maintain
3415	employment.
3416	(3)  A Florida College System institution community college
3417	or school district may be eligible to fund a workforce literacy
3418	program pursuant to the provisions of s. 1004.94.
3419	Section 73.  Subsection (2) of section 1004.99, Florida
3420	Statutes, is amended to read:
3421	1004.99  Florida Ready to Work Certification Program.-
3422	(2)  The Florida Ready to Work Certification Program may be
3423	conducted in public middle and high schools, Florida College
3424	System institutions community colleges, technical centers, one-
3425	stop career centers, vocational rehabilitation centers, and
3426	Department of Juvenile Justice educational facilities. The
3427	program may be made available to other entities that provide job
3428	training. The Department of Education shall establish
3429	institutional readiness criteria for program implementation.
3430	Section 74.  Paragraph (c) of subsection (2) of section
3431	1005.21, Florida Statutes, is amended to read:
3432	1005.21  Commission for Independent Education.-
3433	(2)  The Commission for Independent Education shall consist
3434	of seven members who are residents of this state. The commission
3435	shall function in matters concerning independent postsecondary
3436	educational institutions in consumer protection, program
3437	improvement, and licensure for institutions under its purview.
3438	The Governor shall appoint the members of the commission who are
3439	subject to confirmation by the Senate. The membership of the
3440	commission shall consist of:
3441	(c)  One member from a public school district or Florida
3442	College System institution community college who is an
3443	administrator of career education.
3444	Section 75.  Paragraph (c) of subsection (3) of section
3445	1006.15, Florida Statutes, is amended to read:
3446	1006.15  Student standards for participation in
3447	interscholastic and intrascholastic extracurricular student
3448	activities; regulation.-
3449	(3)
3450	(c)  An individual home education student is eligible to
3451	participate at the public school to which the student would be
3452	assigned according to district school board attendance area
3453	policies or which the student could choose to attend pursuant to
3454	district or interdistrict controlled open enrollment provisions,
3455	or may develop an agreement to participate at a private school,
3456	in the interscholastic extracurricular activities of that
3457	school, provided the following conditions are met:
3458	1.  The home education student must meet the requirements
3459	of the home education program pursuant to s. 1002.41.
3460	2.  During the period of participation at a school, the
3461	home education student must demonstrate educational progress as
3462	required in paragraph (b) in all subjects taken in the home
3463	education program by a method of evaluation agreed upon by the
3464	parent and the school principal which may include: review of the
3465	student's work by a certified teacher chosen by the parent;
3466	grades earned through correspondence; grades earned in courses
3467	taken at a Florida College System institution community college,
3468	university, or trade school; standardized test scores above the
3469	35th percentile; or any other method designated in s. 1002.41.
3470	3.  The home education student must meet the same residency
3471	requirements as other students in the school at which he or she
3472	participates.
3473	4.  The home education student must meet the same standards
3474	of acceptance, behavior, and performance as required of other
3475	students in extracurricular activities.
3476	5.  The student must register with the school his or her
3477	intent to participate in interscholastic extracurricular
3478	activities as a representative of the school before the
3479	beginning date of the season for the activity in which he or she
3480	wishes to participate. A home education student must be able to
3481	participate in curricular activities if that is a requirement
3482	for an extracurricular activity.
3483	6.  A student who transfers from a home education program
3484	to a public school before or during the first grading period of
3485	the school year is academically eligible to participate in
3486	interscholastic extracurricular activities during the first
3487	grading period provided the student has a successful evaluation
3488	from the previous school year, pursuant to subparagraph 2.
3489	7.  Any public school or private school student who has
3490	been unable to maintain academic eligibility for participation
3491	in interscholastic extracurricular activities is ineligible to
3492	participate in such activities as a home education student until
3493	the student has successfully completed one grading period in
3494	home education pursuant to subparagraph 2. to become eligible to
3495	participate as a home education student.
3496	Section 76.  Subsections (1), (2), and (5) of section
3497	1006.17, Florida Statutes, are amended to read:
3498	1006.17  Sponsorship of athletic activities similar to
3499	those for which scholarships offered; rulemaking.-
3500	(1)  If a district school board sponsors an athletic
3501	activity or sport that is similar to a sport for which a state
3502	university or Florida College System institution public
3503	community college offers an athletic scholarship, it must
3504	sponsor the athletic activity or sport for which a scholarship
3505	is offered. This section does not affect academic requirements
3506	for participation or prevent the school districts or Florida
3507	College System institutions community colleges from sponsoring
3508	activities in addition to those for which scholarships are
3509	provided.
3510	(2)  If a Florida College System institution public
3511	community college sponsors an athletic activity or sport that is
3512	similar to a sport for which a state university offers an
3513	athletic scholarship, it must sponsor the athletic activity or
3514	sport for which a scholarship is offered.
3515	(5)  The State Board of Education shall adopt rules to
3516	administer this section, including rules that determine which
3517	athletic activities are similar to sports for which state
3518	universities and Florida College System institutions community
3519	colleges offer scholarships.
3520	Section 77.  Subsection (1) of section 1006.50, Florida
3521	Statutes, is amended to read:
3522	1006.50  Student handbooks.-
3523	(1)  Each Florida College System institution community
3524	college and state university shall compile and update annually a
3525	student handbook that includes, but is not limited to, a
3526	comprehensive calendar that emphasizes important dates and
3527	deadlines, student rights and responsibilities, appeals
3528	processes available to students, and a roster of contact persons
3529	within the administrative staff available to respond to student
3530	inquiries.
3531	Section 78.  Subsections (1) and (3) of section 1006.51,
3532	Florida Statutes, are amended to read:
3533	1006.51  Student ombudsman office.-
3534	(1)  There is created at each Florida College System
3535	institution community college and state university a student
3536	ombudsman office, which is accountable to the president.
3537	(3)  Each Florida College System institution community
3538	college and state university shall develop minimum standards for
3539	the role of ombudsman or student advocate. The standards shall
3540	address the issue of notification of students of opportunities
3541	for assistance or appeal.
3542	Section 79.  Subsection (4) of section 1006.55, Florida
3543	Statutes, is amended to read:
3544	1006.55  Law libraries of certain institutions of higher
3545	learning designated as state legal depositories.-
3546	(4)  The libraries of all Florida College System
3547	institutions community colleges are designated as state
3548	depositories for the Florida Statutes and supplements published
3549	by or under the authority of the state; these depositories each
3550	may receive upon request one copy of each volume without charge,
3551	except for payment of shipping costs.
3552	Section 80.  Subsections (1), (2), (4), and (5) of section
3553	1006.60, Florida Statutes, are amended to read:
3554	1006.60  Codes of conduct; disciplinary measures; authority
3555	to adopt rules or regulations.-
3556	(1)  Each Florida College System institution community
3557	college may adopt, by rule, and each state university may adopt,
3558	by regulation, codes of conduct and appropriate penalties for
3559	violations of rules or regulations by students, to be
3560	administered by the institution. Such penalties, unless
3561	otherwise provided by law, may include: reprimand; restitution;
3562	fines; withholding of diplomas or transcripts pending compliance
3563	with rules or regulations, completion of any student judicial
3564	process or sanction, or payment of fines; restrictions on the
3565	use of or removal from campus facilities; community service;
3566	educational requirements; and the imposition of probation,
3567	suspension, dismissal, or expulsion.
3568	(2)  Each Florida College System institution community
3569	college may adopt, by rule, and each state university may adopt,
3570	by regulation, a code of conduct and appropriate penalties for
3571	violations of rules or regulations by student organizations, to
3572	be administered by the institution. Such penalties, unless
3573	otherwise provided by law, may include: reprimand; restitution;
3574	suspension, cancellation, or revocation of the registration or
3575	official recognition of a student organization; and restrictions
3576	on the use of, or removal from, campus facilities.
3577	(4)  Each Florida College System institution community
3578	college may establish and adopt, by rule, and each state
3579	university may establish and adopt, by regulation, codes of
3580	appropriate penalties for violations of rules or regulations
3581	governing student academic honesty. Such penalties, unless
3582	otherwise provided by law, may include: reprimand; reduction of
3583	grade; denial of academic credit; invalidation of university
3584	credit or of the degree based upon such credit; probation;
3585	suspension; dismissal; or expulsion. In addition to any other
3586	penalties that may be imposed, an individual may be denied
3587	admission or further registration, and the institution may
3588	invalidate academic credit for work done by a student and may
3589	invalidate or revoke the degree based upon such credit if it is
3590	determined that the student has made false, fraudulent, or
3591	incomplete statements in the application, residence affidavit,
3592	or accompanying documents or statements in connection with, or
3593	supplemental to, the application for admission to or graduation
3594	from the institution.
3595	(5)  Each Florida College System institution community
3596	college shall adopt rules and each state university shall adopt
3597	regulations for the lawful discipline of any student who
3598	intentionally acts to impair, interfere with, or obstruct the
3599	orderly conduct, processes, and functions of the institution.
3600	Said rules or regulations may apply to acts conducted on or off
3601	campus when relevant to such orderly conduct, processes, and
3602	functions.
3603	Section 81.  Section 1006.62, Florida Statutes, is amended
3604	to read:
3605	1006.62  Expulsion and discipline of students of Florida
3606	College System institutions community colleges and state
3607	universities.-
3608	(1)  Each student in a Florida College System institution
3609	community college or state university is subject to federal and
3610	state law, respective county and municipal ordinances, and all
3611	rules and regulations of the State Board of Education, the Board
3612	of Governors regarding the State University System, or the board
3613	of trustees of the institution.
3614	(2)  Violation of these published laws, ordinances, or
3615	rules and regulations may subject the violator to appropriate
3616	action by the institution's authorities.
3617	(3)  Each president of a Florida College System institution
3618	community college or state university may, after notice to the
3619	student of the charges and after a hearing thereon, expel,
3620	suspend, or otherwise discipline any student who is found to
3621	have violated any law, ordinance, or rule or regulation of the
3622	State Board of Education, the Board of Governors regarding the
3623	State University System, or the board of trustees of the
3624	institution. A student may be entitled to waiver of expulsion:
3625	(a)  If the student provides substantial assistance in the
3626	identification, arrest, or conviction of any of his or her
3627	accomplices, accessories, coconspirators, or principals or of
3628	any other person engaged in violations of chapter 893 within a
3629	state university or Florida College System institution community
3630	college;
3631	(b)  If the student voluntarily discloses his or her
3632	violations of chapter 893 prior to his or her arrest; or
3633	(c)  If the student commits himself or herself, or is
3634	referred by the court in lieu of sentence, to a state-licensed
3635	drug abuse program and successfully completes the program.
3636	Section 82.  Paragraphs (a) and (b) of subsection (8) and
3637	subsection (10) of section 1006.63, Florida Statutes, are
3638	amended to read:
3639	1006.63  Hazing prohibited.-
3640	(8)  Public and nonpublic postsecondary educational
3641	institutions must provide a program for the enforcement of such
3642	rules and must adopt appropriate penalties for violations of
3643	such rules, to be administered by the person at the institution
3644	responsible for the sanctioning of such organizations.
3645	(a)  Such penalties at Florida College System institutions
3646	community colleges and state universities may include the
3647	imposition of fines; the withholding of diplomas or transcripts
3648	pending compliance with the rules or pending payment of fines;
3649	and the imposition of probation, suspension, or dismissal.
3650	(b)  In the case of an organization at a Florida College
3651	System institution community college or state university that
3652	authorizes hazing in blatant disregard of such rules, penalties
3653	may also include rescission of permission for that organization
3654	to operate on campus property or to otherwise operate under the
3655	sanction of the institution.
3656	(10)  Upon approval of the antihazing policy of a Florida
3657	College System institution community college or state university
3658	and of the rules and penalties adopted pursuant thereto, the
3659	institution shall provide a copy of such policy, rules, and
3660	penalties to each student enrolled in that institution and shall
3661	require the inclusion of such policy, rules, and penalties in
3662	the bylaws of every organization operating under the sanction of
3663	the institution.
3664	Section 83.  Subsection (1) of section 1006.65, Florida
3665	Statutes, is amended to read:
3666	1006.65  Safety issues in courses offered by public
3667	postsecondary educational institutions.-
3668	(1)  The State Board of Education shall adopt rules to
3669	ensure that policies and procedures are in place to protect the
3670	health and safety of students, instructional personnel, and
3671	visitors who participate in courses offered by a Florida College
3672	System institution community college.
3673	Section 84.  Section 1006.68, Florida Statutes, is amended
3674	to read:
3675	1006.68  HIV and AIDS policy.-Each Florida College System
3676	institution community college and state university shall develop
3677	a comprehensive policy that addresses the provision of
3678	instruction, information, and activities regarding human
3679	immunodeficiency virus infection and acquired immune deficiency
3680	syndrome. Such instruction, information, or activities shall
3681	emphasize the known modes of transmission of human
3682	immunodeficiency virus infection and acquired immune deficiency
3683	syndrome, signs and symptoms, associated risk factors,
3684	appropriate behavior and attitude change, and means used to
3685	control the spread of human immunodeficiency virus infection and
3686	acquired immune deficiency syndrome.
3687	Section 85.  Subsections (1) and (2) of section 1006.70,
3688	Florida Statutes, are amended to read:
3689	1006.70  Sponsorship of athletic activities similar to
3690	those for which scholarships offered; rulemaking.-
3691	(1)  If a district school board sponsors an athletic
3692	activity or sport that is similar to a sport for which a Florida
3693	College System institution community college or state university
3694	offers an athletic scholarship, it must sponsor the athletic
3695	activity or sport for which a scholarship is offered. This
3696	section does not affect academic requirements for participation
3697	or prevent the districts or Florida College System institutions
3698	community colleges from sponsoring activities in addition to
3699	those for which scholarships are provided.
3700	(2)  If a Florida College System institution community
3701	college sponsors an athletic activity or sport that is similar
3702	to a sport for which a state university offers an athletic
3703	scholarship, it must sponsor the athletic activity or sport for
3704	which a scholarship is offered.
3705	Section 86.  Paragraphs (a), (c), (e), and (g) of
3706	subsection (1), paragraph (b) of subsection (2), and subsection
3707	(3) of section 1006.71, Florida Statutes, are amended to read:
3708	1006.71  Gender equity in intercollegiate athletics.-
3709	(1)  GENDER EQUITY PLAN.-
3710	(a)  Each Florida College System institution community
3711	college and state university shall develop a gender equity plan
3712	pursuant to s. 1000.05.
3713	(c)  The Commissioner of Education shall annually assess
3714	the progress of each Florida College System institution's
3715	community college's plan and advise the State Board of Education
3716	and the Legislature regarding compliance.
3717	(e)  Each board of trustees of a Florida College System
3718	institution public community college or state university shall
3719	annually evaluate the presidents on the extent to which the
3720	gender equity goals have been achieved.
3721	(g)1.  If a Florida College System institution community
3722	college is not in compliance with Title IX of the Education
3723	Amendments of 1972 and the Florida Educational Equity Act, the
3724	State Board of Education shall:
3725	a.  Declare the Florida College System institution
3726	community college ineligible for competitive state grants.
3727	b.  Withhold funds sufficient to obtain compliance.
3728
3729	The Florida College System institution community college shall
3730	remain ineligible and the funds shall not be paid until the
3731	Florida College System institution community college comes into
3732	compliance or the Commissioner of Education approves a plan for
3733	compliance.
3734	2.  If a state university is not in compliance with Title
3735	IX of the Education Amendments of 1972 and the Florida
3736	Educational Equity Act, the Board of Governors shall:
3737	a.  Declare the state university ineligible for competitive
3738	state grants.
3739	b.  Withhold funds sufficient to obtain compliance.
3740
3741	The state university shall remain ineligible and the funds shall
3742	not be paid until the state university comes into compliance or
3743	the Board of Governors approves a plan for compliance.
3744	(2)  FUNDING.-
3745	(b)  The level of funding and percentage share of support
3746	for women's intercollegiate athletics for Florida College System
3747	institutions community colleges shall be determined by the State
3748	Board of Education. The level of funding and percentage share of
3749	support for women's intercollegiate athletics for state
3750	universities shall be determined by the Board of Governors. The
3751	level of funding and percentage share attained in the 1980-1981
3752	fiscal year shall be the minimum level and percentage maintained
3753	by each institution, except as the State Board of Education or
3754	the Board of Governors otherwise directs its respective
3755	institutions for the purpose of assuring equity. Consideration
3756	shall be given by the State Board of Education or the Board of
3757	Governors to emerging athletic programs at institutions which
3758	may not have the resources to secure external funds to provide
3759	athletic opportunities for women. It is the intent that the
3760	effect of any redistribution of funds among institutions shall
3761	not negate the requirements as set forth in this section.
3762	(3)  STATE BOARD OF EDUCATION.-The State Board of Education
3763	shall assure equal opportunity for female athletes at Florida
3764	College System institutions community colleges and establish:
3765	(a)  Guidelines for reporting of intercollegiate athletics
3766	data concerning financial, program, and facilities information
3767	for review by the State Board of Education annually.
3768	(b)  Systematic audits for the evaluation of such data.
3769	(c)  Criteria for determining and assuring equity.
3770	Section 87.  Section 1006.72, Florida Statutes, is amended
3771	to read:
3772	1006.72  Licensing electronic library resources.-
3773	(1)  FINDINGS.-The Legislature finds that the most cost-
3774	efficient and cost-effective means of licensing electronic
3775	library resources requires that Florida College System
3776	institutions colleges and state universities collaborate with
3777	school districts and public libraries in the identification and
3778	acquisition of such resources needed by more than one sector.
3779	(2)  PROCESS TO IDENTIFY RESOURCES.-Library staff from
3780	Florida College System institutions colleges, state
3781	universities, school districts, and public libraries shall
3782	implement a process that annually identifies the electronic
3783	library resources for each of the core categories established in
3784	this section. To the extent possible, the Florida Center for
3785	Library Automation, the College Center for Library Automation,
3786	and the Division of Library and Information Services within the
3787	Department of State shall jointly coordinate this annual
3788	process.
3789	(3)  STATEWIDE CORE RESOURCES.-For purposes of licensing
3790	electronic library resources of the Florida Electronic Library,
3791	library representatives from public libraries, school districts,
3792	Florida College System institutions colleges, and state
3793	universities shall identify the statewide core resources that
3794	will be available to all students, teachers, and citizens of the
3795	state.
3796	(4)  POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
3797	of licensing electronic library resources required by both the
3798	Florida Center for Library Automation and the College Center for
3799	Library Automation from funds appropriated to the centers,
3800	Florida College System institution and state university library
3801	staff shall identify the postsecondary education core resources
3802	that will be available to all public postsecondary education
3803	students.
3804	(5)  FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of
3805	licensing electronic library resources beyond the postsecondary
3806	education core resources by the Florida Center for Library
3807	Automation from funds appropriated to the center, state
3808	university library staff, in consultation with Florida College
3809	System institution library staff, shall identify the 4-year
3810	degree core resources that will be available to all 4-year
3811	degree-seeking students in the State University System and the
3812	Florida College System. The Florida Center for Library
3813	Automation shall include in the negotiated pricing model any
3814	Florida College System institution interested in licensing a
3815	resource.
3816	(6)  TWO-YEAR DEGREE CORE RESOURCES.-For purposes of
3817	licensing electronic library resources beyond the postsecondary
3818	education core resources by the College Center for Library
3819	Automation from funds appropriated to the center, Florida
3820	College System institution library staff shall identify the 2-
3821	year degree core resources that will be available to all Florida
3822	College System institution students. The College Center for
3823	Library Automation shall include in the negotiated pricing model
3824	any state university interested in licensing a resource.
3825	Section 88.  Paragraph (a) of subsection (2) of section
3826	1007.21, Florida Statutes, is amended to read:
3827	1007.21  Readiness for postsecondary education and the
3828	workplace.-
3829	(2)(a)  Students entering the 9th grade and their parents
3830	shall have developed during the middle grades a 4- to 5-year
3831	academic and career plan based on postsecondary and career
3832	goals. Alternate career and academic destinations should be
3833	considered with bridges between destinations to enable students
3834	to shift academic and career priorities if they choose to change
3835	goals. The destinations shall accommodate the needs of students
3836	served in exceptional education programs to the extent
3837	appropriate for individual students. Exceptional education
3838	students may continue to follow the courses outlined in the
3839	district school board student progression plan. Students and
3840	their parents shall choose among destinations, which must
3841	include:
3842	1.  Four-year college or university, Florida College System
3843	institution community college plus university, or military
3844	academy degree.
3845	2.  Two-year postsecondary degree.
3846	3.  Postsecondary career certificate.
3847	4.  Immediate employment or entry-level military.
3848	5.  A combination of the above.
3849	Section 89.  Subsection (1) of section 1007.22, Florida
3850	Statutes, is amended to read:
3851	1007.22  Articulation; postsecondary institution
3852	coordination and collaboration.-
3853	(1)  The university boards of trustees, Florida College
3854	System institution community college boards of trustees, and
3855	district school boards are encouraged to establish
3856	intrainstitutional and interinstitutional programs to maximize
3857	articulation. Programs may include upper-division-level courses
3858	offered at the Florida College System institution community
3859	college, distance learning, transfer agreements that facilitate
3860	the transfer of credits between public and nonpublic
3861	postsecondary institutions, and the concurrent enrollment of
3862	students at a Florida College System institution community
3863	college and a state university to enable students to take any
3864	level of baccalaureate degree coursework.
3865	Section 90.  Paragraphs (b), (c), and (d) of subsection (1)
3866	and subsections (2) and (3) of section 1007.23, Florida
3867	Statutes, are amended to read:
3868	1007.23  Statewide articulation agreement.-
3869	(1)  The State Board of Education and the Board of
3870	Governors shall enter into a statewide articulation agreement
3871	which the State Board of Education shall adopt by rule. The
3872	agreement must preserve Florida's "2+2" system of articulation,
3873	facilitate the seamless articulation of student credit across
3874	and among Florida's educational entities, and reinforce the
3875	provisions of this chapter by governing:
3876	(b)  Admission of associate in arts degree graduates from
3877	Florida College System institutions community colleges and state
3878	universities;
3879	(c)  Admission of applied technology diploma program
3880	graduates from Florida College System institutions community
3881	colleges or career centers;
3882	(d)  Admission of associate in science degree and associate
3883	in applied science degree graduates from Florida College System
3884	institutions community colleges;
3885	(2)(a)  The articulation agreement must specifically
3886	provide that every associate in arts graduate of a Florida
3887	College System institution shall have met all general education
3888	requirements and must be granted admission to the upper division
3889	of a:
3890	1.  State university, except for a limited access or
3891	teacher certification program or a major program requiring an
3892	audition.
3893	2.  Florida College System institution if it offers
3894	baccalaureate degree programs, except for a limited access or
3895	teacher certification program or a major program requiring an
3896	audition.
3897	(b)  Florida College System institution associate in arts
3898	graduates shall receive priority for admission to the upper
3899	division of a Florida College System institution or to a state
3900	university over out-of-state students. Orientation programs,
3901	catalogs, and student handbooks provided to freshman enrollees
3902	and transfer students at Florida College System institutions
3903	colleges and state universities must include an explanation of
3904	this provision of the articulation agreement.
3905	(3)  The articulation agreement must guarantee the
3906	statewide articulation of appropriate workforce development
3907	programs and courses between school districts and Florida
3908	College System institutions community colleges and specifically
3909	provide that every applied technology diploma graduate must be
3910	granted the same amount of credit upon admission to an associate
3911	in science degree or associate in applied science degree program
3912	unless it is a limited access program. Preference for admission
3913	must be given to graduates who are residents of Florida.
3914	Section 91.  Subsection (1), paragraphs (b) and (c) of
3915	subsection (2), and subsections (3), (6), and (7) of section
3916	1007.235, Florida Statutes, are amended to read:
3917	1007.235  District interinstitutional articulation
3918	agreements.-
3919	(1)  District school superintendents and Florida College
3920	System institution community college presidents shall jointly
3921	develop and implement a comprehensive articulated acceleration
3922	program for the students enrolled in their respective school
3923	districts and service areas. Within this general responsibility,
3924	each superintendent and president shall develop a comprehensive
3925	interinstitutional articulation agreement for the school
3926	district and Florida College System institution community
3927	college that serves the school district. The district school
3928	superintendent and president shall establish an articulation
3929	committee for the purpose of developing this agreement. Each
3930	state university president is encouraged to designate a
3931	university representative to participate in the development of
3932	the interinstitutional articulation agreements for each school
3933	district within the university service area.
3934	(2)  The district interinstitutional articulation agreement
3935	for each school year must be completed before high school
3936	registration for the fall term of the following school year. The
3937	agreement must include, but is not limited to, the following
3938	components:
3939	(b)1.  A delineation of courses and programs available to
3940	students eligible to participate in dual enrollment. This
3941	delineation must include a plan for the Florida College System
3942	institution community college to provide guidance services to
3943	participating students on the selection of courses in the dual
3944	enrollment program. The process of Florida College System
3945	institution community college guidance should make maximum use
3946	of the automated advisement system for Florida College System
3947	institutions community colleges. The plan must assure that each
3948	dual enrollment student is encouraged to identify a
3949	postsecondary education objective with which to guide the course
3950	selection. At a minimum, each student's plan should include a
3951	list of courses that will result in an Applied Technology
3952	Diploma, an Associate in Science degree, or an Associate in Arts
3953	degree. If the student identifies a baccalaureate degree as the
3954	objective, the plan must include courses that will meet the
3955	general education requirements and any prerequisite requirements
3956	for entrance into a selected baccalaureate degree program.
3957	2.  A delineation of the process by which students and
3958	their parents are informed about opportunities to participate in
3959	articulated acceleration programs.
3960	3.  A delineation of the process by which students and
3961	their parents exercise their option to participate in an
3962	articulated acceleration program.
3963	4.  A delineation of high school credits earned for
3964	completion of each dual enrollment course.
3965	5.  Provision for postsecondary courses that meet the
3966	criteria for inclusion in a district articulated acceleration
3967	program to be counted toward meeting the graduation requirements
3968	of s. 1003.43.
3969	6.  An identification of eligibility criteria for student
3970	participation in dual enrollment courses and programs.
3971	7.  A delineation of institutional responsibilities
3972	regarding student screening prior to enrollment and monitoring
3973	student performance subsequent to enrollment in dual enrollment
3974	courses and programs.
3975	8.  An identification of the criteria by which the quality
3976	of dual enrollment courses and programs are to be judged and a
3977	delineation of institutional responsibilities for the
3978	maintenance of instructional quality.
3979	9.  A delineation of institutional responsibilities for
3980	assuming the cost of dual enrollment courses and programs that
3981	includes such responsibilities for student instructional
3982	materials.
3983	10.  An identification of responsibility for providing
3984	student transportation if the dual enrollment instruction is
3985	conducted at a facility other than the high school campus.
3986	11.  A delineation of the process for converting college
3987	credit hours earned through dual enrollment and early admission
3988	programs to high school credit based on mastery of course
3989	outcomes as determined by the Department of Education in
3990	accordance with s. 1007.271(6).
3991	12.  An identification of the responsibility of the
3992	postsecondary educational institution for assigning letter
3993	grades for dual enrollment courses and the responsibility of
3994	school districts for posting dual enrollment course grades to
3995	the high school transcript as assigned by the postsecondary
3996	institution awarding the credit.
3997	(c)  Mechanisms and strategies for reducing the incidence
3998	of postsecondary remediation in math, reading, and writing for
3999	first-time-enrolled recent high school graduates, based upon the
4000	findings in the postsecondary readiness-for-college report
4001	produced pursuant to s. 1008.37. Each articulation committee
4002	shall annually analyze and assess the effectiveness of the
4003	mechanisms toward meeting the goal of reducing postsecondary
4004	remediation needs. Results of the assessment shall be annually
4005	presented to participating district school boards and Florida
4006	College System institution community college boards of trustees
4007	and shall include, but not be limited to:
4008	1.  Mechanisms currently being initiated.
4009	2.  An analysis of problems and corrective actions.
4010	3.  Anticipated outcomes.
4011	4.  Strategies for the better preparation of students upon
4012	graduation from high school.
4013	5.  An analysis of costs associated with the implementation
4014	of postsecondary remedial education and secondary-level
4015	corrective actions.
4016	6.  The identification of strategies for reducing costs of
4017	the delivery of postsecondary remediation for recent high school
4018	graduates, including the consideration and assessment of
4019	alternative instructional methods and services such as those
4020	produced by private providers.
4021
4022	Wherever possible, public schools and Florida College System
4023	institutions community colleges are encouraged to share
4024	resources, form partnerships with private industries, and
4025	implement innovative strategies and mechanisms such as distance
4026	learning, summer student and faculty workshops, parental
4027	involvement activities, and the distribution of information over
4028	the Internet.
4029	(3)  The district interinstitutional articulation agreement
4030	shall include a plan that outlines the mechanisms and strategies
4031	for improving the preparation of elementary, middle, and high
4032	school teachers. Effective collaboration among school districts,
4033	postsecondary institutions, and practicing educators is
4034	essential to improving teaching in Florida's elementary and
4035	secondary schools and consequently, the retention and success of
4036	students through high school graduation and into postsecondary
4037	education. Professional development programs shall be developed
4038	cooperatively and include curricular content which focuses upon
4039	local and state needs and responds to state, national, and
4040	district policy and program priorities. School districts and
4041	Florida College System institutions community colleges are
4042	encouraged to develop plans which utilize new technologies,
4043	address critical needs in their implementation, and include both
4044	preservice and inservice initiatives.
4045	(6)  District school boards and Florida College System
4046	institutions community colleges may enter into additional
4047	interinstitutional articulation agreements with state
4048	universities for the purposes of this section. School districts
4049	may also enter into interinstitutional articulation agreements
4050	with eligible independent colleges and universities pursuant to
4051	s. 1011.62(1)(i).
4052	(7)  State universities and Florida College System
4053	institutions community colleges may enter into
4054	interinstitutional articulation agreements with nonpublic
4055	secondary schools pursuant to s. 1007.271(2).
4056	Section 92.  Paragraph (c) of subsection (2) and subsection
4057	(5) of section 1007.24, Florida Statutes, are amended to read:
4058	1007.24  Statewide course numbering system.-
4059	(2)  The Commissioner of Education, in conjunction with the
4060	Chancellor of the State University System, shall appoint faculty
4061	committees representing faculties of participating institutions
4062	to recommend a single level for each course, including
4063	postsecondary career education courses, included in the
4064	statewide course numbering system.
4065	(c)  A course designated as lower-division may be offered
4066	by any Florida College System institution community college.
4067	(5)  The registration process at each state university and
4068	Florida College System institution community college shall
4069	include the courses at their designated levels and statewide
4070	course number.
4071	Section 93.  Subsections (2), (5), (6), (8), (9), and (11)
4072	of section 1007.25, Florida Statutes, are amended to read:
4073	1007.25  General education courses; common prerequisites;
4074	and other degree requirements.-
4075	(2)  The department shall identify postsecondary career
4076	education programs offered by Florida College System
4077	institutions community colleges and district school boards. The
4078	department shall also identify career courses designated as
4079	college credit courses applicable toward a career education
4080	diploma or degree. Such courses must be identified within the
4081	statewide course numbering system.
4082	(5)  The department shall identify common prerequisite
4083	courses and course substitutions for degree programs across all
4084	institutions. Common degree program prerequisites shall be
4085	offered and accepted by all state universities and Florida
4086	College System institutions community colleges, except in cases
4087	approved by the State Board of Education for Florida College
4088	System institutions community colleges and the Board of
4089	Governors for state universities. The department shall develop a
4090	centralized database containing the list of courses and course
4091	substitutions that meet the prerequisite requirements for each
4092	baccalaureate degree program.
4093	(6)  The boards of trustees of the Florida College System
4094	institutions community colleges shall identify their core
4095	curricula, which shall include courses required by the State
4096	Board of Education. The boards of trustees of the state
4097	universities shall identify their core curricula, which shall
4098	include courses required by the Board of Governors. The
4099	universities and Florida College System institutions community
4100	colleges shall work with their school districts to assure that
4101	high school curricula coordinate with the core curricula and to
4102	prepare students for college-level work. Core curricula for
4103	associate in arts programs shall be adopted in rule by the State
4104	Board of Education and shall include 36 semester hours of
4105	general education courses in the subject areas of communication,
4106	mathematics, social sciences, humanities, and natural sciences.
4107	(8)  A baccalaureate degree program shall require no more
4108	than 120 semester hours of college credit, including 36 semester
4109	hours of general education coursework, unless prior approval has
4110	been granted by the Board of Governors for baccalaureate degree
4111	programs offered by state universities and by the State Board of
4112	Education for baccalaureate degree programs offered by Florida
4113	College System institutions community colleges.
4114	(9)  A student who received an associate in arts degree for
4115	successfully completing 60 semester credit hours may continue to
4116	earn additional credits at a Florida College System institution
4117	community college. The university must provide credit toward the
4118	student's baccalaureate degree for an additional Florida College
4119	System institution community college course if, according to the
4120	statewide course numbering, the Florida College System
4121	institution community college course is a course listed in the
4122	university catalog as required for the degree or as prerequisite
4123	to a course required for the degree. Of the courses required for
4124	the degree, at least half of the credit hours required for the
4125	degree shall be achievable through courses designated as lower
4126	division, except in degree programs approved by the State Board
4127	of Education for programs offered by Florida College System
4128	institutions community colleges and by the Board of Governors
4129	for programs offered by state universities.
4130	(11)  The Commissioner of Education shall appoint faculty
4131	committees representing both Florida College System institution
4132	community college and public school faculties to recommend to
4133	the commissioner for approval by the State Board of Education a
4134	standard program length and appropriate occupational completion
4135	points for each postsecondary career certificate program,
4136	diploma, and degree offered by a school district or a Florida
4137	College System institution community college.
4138	Section 94.  Paragraph (a) of subsection (3) of section
4139	1007.2615, Florida Statutes, is amended to read:
4140	1007.2615  American Sign Language; findings; foreign-
4141	language credits authorized; teacher licensing.-
4142	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
4143	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
4144	FOR POSTSECONDARY EDUCATION PROVIDERS.-
4145	(a)  The Commissioner of Education shall appoint a seven-
4146	member task force that includes representatives from two state
4147	universities and one private college or university located
4148	within this state which currently offer a 4-year deaf education
4149	or sign language interpretation program as a part of their
4150	respective curricula, two representatives from the Florida
4151	American Sign Language Teachers' Association (FASLTA), and two
4152	representatives from Florida College System institutions
4153	community colleges located within this state which have
4154	established Interpreter Training Programs (ITPs). This task
4155	force shall develop and submit to the Commissioner of Education
4156	a report that contains the most up-to-date information about
4157	American Sign Language (ASL) and guidelines for developing and
4158	maintaining ASL courses as a part of the curriculum. This
4159	information must be made available to any administrator of a
4160	public or an independent school upon request of the
4161	administrator.
4162	Section 95.  Section 1007.262, Florida Statutes, is amended
4163	to read:
4164	1007.262  Foreign language competence; equivalence
4165	determinations.-The Department of Education shall identify the
4166	competencies demonstrated by students upon the successful
4167	completion of 2 credits of sequential high school foreign
4168	language instruction. For the purpose of determining
4169	postsecondary equivalence, the department shall develop rules
4170	through which Florida College System institutions community
4171	colleges correlate such competencies to the competencies
4172	required of students in the colleges' respective courses. Based
4173	on this correlation, each Florida College System institution
4174	community college shall identify the minimum number of
4175	postsecondary credits that students must earn in order to
4176	demonstrate a level of competence in a foreign language at least
4177	equivalent to that of students who have completed 2 credits of
4178	such instruction in high school. The department may also specify
4179	alternative means by which students can demonstrate equivalent
4180	foreign language competence, including means by which a student
4181	whose native language is not English may demonstrate proficiency
4182	in the native language. A student who demonstrates proficiency
4183	in a native language other than English is exempt from a
4184	requirement of completing foreign language courses at the
4185	secondary or Florida College System community college level.
4186	Section 96.  Section 1007.263, Florida Statutes, is amended
4187	to read:
4188	1007.263  Florida College System institutions Community
4189	colleges; admissions of students.-Each Florida College System
4190	institution community college board of trustees is authorized to
4191	adopt rules governing admissions of students subject to this
4192	section and rules of the State Board of Education. These rules
4193	shall include the following:
4194	(1)  Admissions counseling shall be provided to all
4195	students entering college or career credit programs. Counseling
4196	shall utilize tests to measure achievement of college-level
4197	communication and computation competencies by all students
4198	entering college credit programs or tests to measure achievement
4199	of basic skills for career programs as prescribed in s. 1004.91.
4200	(2)  Admission to associate degree programs is subject to
4201	minimum standards adopted by the State Board of Education and
4202	shall require:
4203	(a)  A standard high school diploma, a high school
4204	equivalency diploma as prescribed in s. 1003.435, previously
4205	demonstrated competency in college credit postsecondary
4206	coursework, or, in the case of a student who is home educated, a
4207	signed affidavit submitted by the student's parent or legal
4208	guardian attesting that the student has completed a home
4209	education program pursuant to the requirements of s. 1002.41.
4210	Students who are enrolled in a dual enrollment or early
4211	admission program pursuant to ss. 1007.27 and 1007.271 and
4212	secondary students enrolled in college-level instruction
4213	creditable toward the associate degree, but not toward the high
4214	school diploma, shall be exempt from this requirement.
4215	(b)  A demonstrated level of achievement of college-level
4216	communication and computation skills.
4217	(c)  Any other requirements established by the board of
4218	trustees.
4219	(3)  Admission to other programs within the Florida College
4220	System institution community college shall include education
4221	requirements as established by the board of trustees.
4222	(4)  A student who has been awarded a special diploma as
4223	defined in s. 1003.438 or a certificate of completion as defined
4224	in s. 1003.43(10) is eligible to enroll in certificate career
4225	education programs.
4226	(5)  A student with a documented disability may be eligible
4227	for reasonable substitutions, as prescribed in ss. 1007.264 and
4228	1007.265.
4229
4230	Each board of trustees shall establish policies that notify
4231	students about, and place students into, adult basic education,
4232	adult secondary education, or other instructional programs that
4233	provide students with alternatives to traditional college-
4234	preparatory instruction, including private provider instruction.
4235	A student is prohibited from enrolling in additional college-
4236	level courses until the student scores above the cut-score on
4237	all sections of the common placement test.
4238	Section 97.  Subsection (2) of section 1007.264, Florida
4239	Statutes, is amended to read:
4240	1007.264  Persons with disabilities; admission to
4241	postsecondary educational institutions; substitute requirements;
4242	rules and regulations.-
4243	(2)  The State Board of Education, in consultation with the
4244	Board of Governors, shall adopt rules to implement this section
4245	for Florida College System institutions community colleges and
4246	shall develop substitute admission requirements where
4247	appropriate.
4248	Section 98.  Subsection (2) of section 1007.265, Florida
4249	Statutes, is amended to read:
4250	1007.265  Persons with disabilities; graduation, study
4251	program admission, and upper-division entry; substitute
4252	requirements; rules and regulations.-
4253	(2)  The State Board of Education, in consultation with the
4254	Board of Governors, shall adopt rules to implement this section
4255	for Florida College System institutions community colleges and
4256	shall develop substitute requirements where appropriate.
4257	Section 99.  Subsections (1), (2), (3), (7), (8), and (9)
4258	of section 1007.27, Florida Statutes, are amended to read:
4259	1007.27  Articulated acceleration mechanisms.-
4260	(1)  It is the intent of the Legislature that a variety of
4261	articulated acceleration mechanisms be available for secondary
4262	and postsecondary students attending public educational
4263	institutions. It is intended that articulated acceleration serve
4264	to shorten the time necessary for a student to complete the
4265	requirements associated with the conference of a high school
4266	diploma and a postsecondary degree, broaden the scope of
4267	curricular options available to students, or increase the depth
4268	of study available for a particular subject. Articulated
4269	acceleration mechanisms shall include, but not be limited to,
4270	dual enrollment as provided for in s. 1007.271, early admission,
4271	advanced placement, credit by examination, the International
4272	Baccalaureate Program, and the Advanced International
4273	Certificate of Education Program. Credit earned through the
4274	Florida Virtual School shall provide additional opportunities
4275	for early graduation and acceleration. Students of Florida
4276	public secondary schools enrolled pursuant to this subsection
4277	shall be deemed authorized users of the state-funded electronic
4278	library resources that are licensed for Florida College System
4279	institutions colleges and state universities by the Florida
4280	Center for Library Automation and the College Center for Library
4281	Automation. Verification of eligibility shall be in accordance
4282	with rules established by the State Board of Education and
4283	regulations established by the Board of Governors and processes
4284	implemented by Florida College System institutions colleges and
4285	state universities.
4286	(2)  The Department of Education shall identify the minimum
4287	scores, maximum credit, and course or courses for which credit
4288	is to be awarded for each College Level Examination Program
4289	(CLEP) general examination, CLEP subject examination, College
4290	Board Advanced Placement Program examination, and International
4291	Baccalaureate examination. In addition, the department shall
4292	identify such courses in the general education core curriculum
4293	of each state university and Florida College System institution
4294	community college.
4295	(3)  Each Florida College System institution community
4296	college and state university must award credit for specific
4297	courses for which competency has been demonstrated by successful
4298	passage of one of the examinations in subsection (2) unless the
4299	award of credit duplicates credit already awarded. Florida
4300	College System institutions Community colleges and state
4301	universities may not exempt students from courses without the
4302	award of credit if competencies have been so demonstrated.
4303	(7)  Credit by examination shall be the program through
4304	which secondary and postsecondary students generate
4305	postsecondary credit based on the receipt of a specified minimum
4306	score on nationally standardized general or subject-area
4307	examinations. For the purpose of statewide application, such
4308	examinations and the corresponding minimum scores required for
4309	an award of credit shall be delineated by the State Board of
4310	Education and the Board of Governors in the statewide
4311	articulation agreement required by s. 1007.23(1). The maximum
4312	credit generated by a student pursuant to this subsection shall
4313	be mitigated by any related postsecondary credit earned by the
4314	student prior to the administration of the examination. This
4315	subsection shall not preclude Florida College System
4316	institutions community colleges and universities from awarding
4317	credit by examination based on student performance on
4318	examinations developed within and recognized by the individual
4319	postsecondary institutions.
4320	(8)  The International Baccalaureate Program shall be the
4321	curriculum in which eligible secondary students are enrolled in
4322	a program of studies offered through the International
4323	Baccalaureate Program administered by the International
4324	Baccalaureate Office. The State Board of Education and the Board
4325	of Governors shall specify in the statewide articulation
4326	agreement required by s. 1007.23(1) the cutoff scores and
4327	International Baccalaureate Examinations which will be used to
4328	grant postsecondary credit at Florida College System
4329	institutions community colleges and universities. Any changes to
4330	the articulation agreement, which have the effect of raising the
4331	required cutoff score or of changing the International
4332	Baccalaureate Examinations which will be used to grant
4333	postsecondary credit, shall only apply to students taking
4334	International Baccalaureate Examinations after such changes are
4335	adopted by the State Board of Education and the Board of
4336	Governors. Students shall be awarded a maximum of 30 semester
4337	credit hours pursuant to this subsection. The specific course
4338	for which a student may receive such credit shall be specified
4339	in the statewide articulation agreement required by s.
4340	1007.23(1). Students enrolled pursuant to this subsection shall
4341	be exempt from the payment of any fees for administration of the
4342	examinations regardless of whether or not the student achieves a
4343	passing score on the examination.
4344	(9)  The Advanced International Certificate of Education
4345	Program and the International General Certificate of Secondary
4346	Education (pre-AICE) Program shall be the curricula in which
4347	eligible secondary students are enrolled in programs of study
4348	offered through the Advanced International Certificate of
4349	Education Program or the International General Certificate of
4350	Secondary Education (pre-AICE) Program administered by the
4351	University of Cambridge Local Examinations Syndicate. The State
4352	Board of Education and the Board of Governors shall specify in
4353	the statewide articulation agreement required by s. 1007.23(1)
4354	the cutoff scores and Advanced International Certificate of
4355	Education examinations which will be used to grant postsecondary
4356	credit at Florida College System institutions community colleges
4357	and universities. Any changes to the cutoff scores, which
4358	changes have the effect of raising the required cutoff score or
4359	of changing the Advanced International Certification of
4360	Education examinations which will be used to grant postsecondary
4361	credit, shall apply to students taking Advanced International
4362	Certificate of Education examinations after such changes are
4363	adopted by the State Board of Education and the Board of
4364	Governors. Students shall be awarded a maximum of 30 semester
4365	credit hours pursuant to this subsection. The specific course
4366	for which a student may receive such credit shall be determined
4367	by the Florida College System institution community college or
4368	university that accepts the student for admission. Students
4369	enrolled in either program of study pursuant to this subsection
4370	shall be exempt from the payment of any fees for administration
4371	of the examinations regardless of whether the student achieves a
4372	passing score on the examination.
4373	Section 100.  Subsections (3), (4), (6), and (8), paragraph
4374	(b) of subsection (10), and subsections (14), (15), and (16) of
4375	section 1007.271, Florida Statutes, are amended to read:
4376	1007.271  Dual enrollment programs.-
4377	(3)  The Department of Education shall adopt guidelines
4378	designed to achieve comparability across school districts of
4379	both student qualifications and teacher qualifications for dual
4380	enrollment courses. Student qualifications must demonstrate
4381	readiness for college-level coursework if the student is to be
4382	enrolled in college courses. Student qualifications must
4383	demonstrate readiness for career-level coursework if the student
4384	is to be enrolled in career courses. In addition to the common
4385	placement examination, student qualifications for enrollment in
4386	college credit dual enrollment courses must include a 3.0
4387	unweighted grade point average, and student qualifications for
4388	enrollment in career certificate dual enrollment courses must
4389	include a 2.0 unweighted grade point average. Exceptions to the
4390	required grade point averages may be granted if the educational
4391	entities agree and the terms of the agreement are contained
4392	within the dual enrollment interinstitutional articulation
4393	agreement. Florida College System institution Community college
4394	boards of trustees may establish additional admissions criteria,
4395	which shall be included in the district interinstitutional
4396	articulation agreement developed according to s. 1007.235, to
4397	ensure student readiness for postsecondary instruction.
4398	Additional requirements included in the agreement shall not
4399	arbitrarily prohibit students who have demonstrated the ability
4400	to master advanced courses from participating in dual enrollment
4401	courses. District school boards may not refuse to enter into an
4402	agreement with a local Florida College System institution
4403	community college if that Florida College System institution
4404	community college has the capacity to offer dual enrollment
4405	courses.
4406	(4)  Career dual enrollment shall be provided as a
4407	curricular option for secondary students to pursue in order to
4408	earn a series of elective credits toward the high school
4409	diploma. Career dual enrollment shall be available for secondary
4410	students seeking a degree or certificate from a complete career-
4411	preparatory program, and shall not be used to enroll students in
4412	isolated career courses. It is the intent of the Legislature
4413	that career dual enrollment provide a comprehensive academic and
4414	career dual enrollment program within the career center or
4415	Florida College System institution community college.
4416	(6)  The Commissioner of Education shall appoint faculty
4417	committees representing public school, Florida College System
4418	institution community college, and university faculties to
4419	identify postsecondary courses that meet the high school
4420	graduation requirements of s. 1003.43, and to establish the
4421	number of postsecondary semester credit hours of instruction and
4422	equivalent high school credits earned through dual enrollment
4423	pursuant to this section that are necessary to meet high school
4424	graduation requirements. Such equivalencies shall be determined
4425	solely on comparable course content and not on seat time
4426	traditionally allocated to such courses in high school. The
4427	Commissioner of Education shall recommend to the State Board of
4428	Education those postsecondary courses identified to meet high
4429	school graduation requirements, based on mastery of course
4430	outcomes, by their course numbers, and all high schools shall
4431	accept these postsecondary education courses toward meeting the
4432	requirements of s. 1003.43.
4433	(8)  Career early admission is a form of career dual
4434	enrollment through which eligible secondary students enroll full
4435	time in a career center or a Florida College System institution
4436	community college in courses that are creditable toward the high
4437	school diploma and the certificate or associate degree.
4438	Participation in the career early admission program shall be
4439	limited to students who have completed a minimum of 6 semesters
4440	of full-time secondary enrollment, including studies undertaken
4441	in the ninth grade. Students enrolled pursuant to this section
4442	are exempt from the payment of registration, tuition, and
4443	laboratory fees.
4444	(10)
4445	(b)  Each career center, Florida College System institution
4446	community college, and state university shall:
4447	1.  Delineate courses and programs for dually enrolled home
4448	education students. Courses and programs may be added, revised,
4449	or deleted at any time.
4450	2.  Identify eligibility criteria for home education
4451	student participation, not to exceed those required of other
4452	dually enrolled students.
4453	(14)  Instructional materials assigned for use within dual
4454	enrollment courses shall be made available to dual enrollment
4455	students from Florida public high schools free of charge. This
4456	subsection shall not be construed to prohibit a Florida College
4457	System institution community college from providing
4458	instructional materials at no cost to a home education student
4459	or student from a private school. Students enrolled in
4460	postsecondary instruction not creditable toward a high school
4461	diploma shall not be considered dual enrollments and shall be
4462	required to assume the cost of instructional materials necessary
4463	for such instruction.
4464	(15)  Instructional materials purchased by a district
4465	school board or Florida College System institution community
4466	college board of trustees on behalf of dual enrollment students
4467	shall be the property of the board against which the purchase is
4468	charged.
4469	(16)  Beginning with students entering grade 9 in the 2006-
4470	2007 school year, school districts and Florida College System
4471	institutions community colleges must weigh dual enrollment
4472	courses the same as advanced placement, International
4473	Baccalaureate, and Advanced International Certificate of
4474	Education courses when grade point averages are calculated.
4475	Alternative grade calculation or weighting systems that
4476	discriminate against dual enrollment courses are prohibited.
4477	Section 101.  Subsection (1) of section 1007.272, Florida
4478	Statutes, is amended to read:
4479	1007.272  Joint dual enrollment and advanced placement
4480	instruction.-
4481	(1)  Each school district, Florida College System
4482	institution community college, and state university may conduct
4483	advanced placement instruction within dual enrollment courses.
4484	Each joint dual enrollment and advanced placement course shall
4485	be incorporated within and subject to the provisions of the
4486	district interinstitutional articulation agreement pursuant to
4487	s. 1007.235. Such agreement shall certify that each joint dual
4488	enrollment and advanced placement course integrates, at a
4489	minimum, the course structure recommended by the College Board
4490	and the structure that corresponds to the common course number.
4491	Section 102.  Section 1007.28, Florida Statutes, is amended
4492	to read:
4493	1007.28  Computer-assisted student advising system.-The
4494	Department of Education, in conjunction with the Board of
4495	Governors, shall establish and maintain a single, statewide
4496	computer-assisted student advising system, which must be an
4497	integral part of the process of advising, registering, and
4498	certifying students for graduation and must be accessible to all
4499	Florida students. The state universities and Florida College
4500	System institutions community colleges shall interface
4501	institutional systems with the computer-assisted advising system
4502	required by this section. The State Board of Education and the
4503	Board of Governors shall specify in the statewide articulation
4504	agreement required by s. 1007.23(1) the roles and
4505	responsibilities of the department, the state universities, and
4506	the Florida College System institutions community colleges in
4507	the design, implementation, promotion, development, and analysis
4508	of the system. The system shall consist of a degree audit and an
4509	articulation component that includes the following
4510	characteristics:
4511	(1)  The system shall constitute an integral part of the
4512	process of advising students and assisting them in course
4513	selection. The system shall be accessible to students in the
4514	following ways:
4515	(a)  A student must be able to access the system, at any
4516	time, to identify course options that will meet the requirements
4517	of a selected path toward a degree.
4518	(b)  A status report from the system shall be generated and
4519	sent with each grade report to each student enrolled in public
4520	postsecondary educational institutions with a declared major.
4521	(2)  The system shall be an integral part of the
4522	registration process at public postsecondary educational
4523	institutions. As part of the process, the system shall:
4524	(a)  Provide reports that document each student's status
4525	toward completion of a degree.
4526	(b)  Verify that a student has completed requirements for
4527	graduation.
4528	(3)  The system must provide students information related
4529	to career descriptions and corresponding educational
4530	requirements, admissions requirements, and available sources of
4531	student financial assistance. Such advising must enable students
4532	to examine their interests and aptitudes for the purpose of
4533	curricular and career planning.
4534	(4)  The system must provide management information to
4535	decisionmakers, including information relating student
4536	enrollment patterns and course demands to plans for
4537	corresponding course offerings and information useful in
4538	planning the student registration process.
4539	Section 103.  Subsections (1), (2), (3), (4), and (5) and
4540	paragraphs (a), (b), (c), and (d) of subsection (6) of section
4541	1007.33, Florida Statutes, are amended to read:
4542	1007.33  Site-determined baccalaureate degree access.-
4543	(1)(a)  The Legislature recognizes that public and private
4544	postsecondary educational institutions play an essential role in
4545	improving the quality of life and economic well-being of the
4546	state and its residents. The Legislature also recognizes that
4547	economic development needs and the educational needs of place-
4548	bound, nontraditional students have increased the demand for
4549	local access to baccalaureate degree programs. It is therefore
4550	the intent of the Legislature to further expand access to
4551	baccalaureate degree programs through the use of Florida College
4552	System institutions colleges.
4553	(b)  For purposes of this section, the term "district"
4554	refers to the county or counties served by a Florida College
4555	System institution pursuant to s. 1000.21(3).
4556	(2)  Any Florida College System institution that offers one
4557	or more baccalaureate degree programs must:
4558	(a)  Maintain as its primary mission:
4559	1.  Responsibility for responding to community needs for
4560	postsecondary academic education and career degree education as
4561	prescribed in s. 1004.65(5).
4562	2.  The provision of associate degrees that provide access
4563	to a university.
4564	(b)  Maintain an open-door admission policy for associate-
4565	level degree programs and workforce education programs.
4566	(c)  Continue to provide outreach to underserved
4567	populations.
4568	(d)  Continue to provide remedial education.
4569	(e)  Comply with all provisions of the statewide
4570	articulation agreement which relate to 2-year and 4-year public
4571	degree-granting institutions as adopted by the State Board of
4572	Education pursuant to s. 1007.23.
4573	(f)  Not award graduate credit.
4574	(g)  Not participate in intercollegiate athletics beyond
4575	the 2-year level.
4576	(3)  A Florida College System institution may not terminate
4577	its associate in arts or associate in science degree programs as
4578	a result of being authorized to offer one or more baccalaureate
4579	degree programs. The Legislature intends that the primary
4580	responsibility of a Florida College System institution,
4581	including a Florida College System institution that offers
4582	baccalaureate degree programs, continues to be the provision of
4583	associate degrees that provide access to a university.
4584	(4)  A Florida College System institution may:
4585	(a)  Offer specified baccalaureate degree programs through
4586	formal agreements between the Florida College System institution
4587	and other regionally accredited postsecondary educational
4588	institutions pursuant to s. 1007.22.
4589	(b)  Offer baccalaureate degree programs that were
4590	authorized by law prior to July 1, 2009.
4591	(c)  Beginning July 1, 2009, establish a first or
4592	subsequent baccalaureate degree program for purposes of meeting
4593	district, regional, or statewide workforce needs if approved by
4594	the State Board of Education under this section.
4595
4596	Beginning July 1, 2009, the Board of Trustees of the St.
4597	Petersburg College is authorized to establish one or more
4598	bachelor of applied science degree programs based on an analysis
4599	of workforce needs in Pinellas, Pasco, and Hernando Counties and
4600	other counties approved by the Department of Education. For each
4601	program selected, St. Petersburg College must offer a related
4602	associate in science or associate in applied science degree
4603	program, and the baccalaureate degree level program must be
4604	designed to articulate fully with at least one associate in
4605	science degree program. The college is encouraged to develop
4606	articulation agreements for enrollment of graduates of related
4607	associate in applied science degree programs. The Board of
4608	Trustees of the St. Petersburg College is authorized to
4609	establish additional baccalaureate degree programs if it
4610	determines a program is warranted and feasible based on each of
4611	the factors in paragraph (5)(d). Prior to developing or
4612	proposing a new baccalaureate degree program, St. Petersburg
4613	College shall engage in need, demand, and impact discussions
4614	with the state university in its service district and other
4615	local and regional, accredited postsecondary providers in its
4616	region. Documentation, data, and other information from inter-
4617	institutional discussions regarding program need, demand, and
4618	impact shall be provided to the college's board of trustees to
4619	inform the program approval process. Employment at St.
4620	Petersburg College is governed by the same laws that govern
4621	Florida College System institutions community colleges, except
4622	that upper-division faculty are eligible for continuing
4623	contracts upon the completion of the fifth year of teaching.
4624	Employee records for all personnel shall be maintained as
4625	required by s. 1012.81.
4626	(5)  The approval process for baccalaureate degree programs
4627	shall require:
4628	(a)  Each Florida College System institution to submit a
4629	notice of its intent to propose a baccalaureate degree program
4630	to the Division of Florida Colleges at least 100 days before the
4631	submission of its proposal under paragraph (d). The notice must
4632	include a brief description of the program, the workforce demand
4633	and unmet need for graduates of the program, the geographic
4634	region to be served, and an estimated timeframe for
4635	implementation. Notices of intent may be submitted by a Florida
4636	College System institution at any time throughout the year.
4637	(b)  The Division of Florida Colleges to forward the notice
4638	of intent within 10 business days after receiving such notice to
4639	the Chancellor of the State University System, the President of
4640	the Independent Colleges and Universities of Florida, and the
4641	Executive Director of the Council for Independent Education.
4642	State universities shall have 60 days following receipt of the
4643	notice by the Chancellor of the State University System to
4644	submit an alternative proposal to offer the baccalaureate degree
4645	program. If a proposal from a state university is not received
4646	within the 60-day period, the State Board of Education shall
4647	provide regionally accredited private colleges and universities
4648	30 days to submit an alternative proposal. Alternative proposals
4649	shall be submitted to the Division of Florida Colleges and must
4650	be considered by the State Board of Education in making its
4651	decision to approve or deny a Florida College System
4652	institution's college's proposal.
4653	(c)  An alternative proposal submitted by a state
4654	university or private college or university to adequately
4655	address:
4656	1.  The extent to which the workforce demand and unmet need
4657	described in the notice of intent will be met.
4658	2.  The extent to which students will be able to complete
4659	the degree in the geographic region proposed to be served by the
4660	Florida College System institution.
4661	3.  The level of financial commitment of the college or
4662	university to the development, implementation, and maintenance
4663	of the specified degree program, including timelines.
4664	4.  The extent to which faculty at both the Florida College
4665	System institution and the college or university will
4666	collaborate in the development and offering of the curriculum.
4667	5.  The ability of the Florida College System institution
4668	and the college or university to develop and approve the
4669	curriculum for the specified degree program within 6 months
4670	after an agreement between the Florida College System
4671	institution and the college or university is signed.
4672	6.  The extent to which the student may incur additional
4673	costs above what the student would expect to incur if the
4674	program were offered by the Florida College System institution.
4675	(d)  Each proposal submitted by a Florida College System
4676	institution to, at a minimum, include:
4677	1.  A description of the planning process and timeline for
4678	implementation.
4679	2.  An analysis of workforce demand and unmet need for
4680	graduates of the program on a district, regional, or statewide
4681	basis, as appropriate.
4682	3.  Identification of the facilities, equipment, and
4683	library and academic resources that will be used to deliver the
4684	program.
4685	4.  The program cost analysis of creating a new
4686	baccalaureate degree when compared to alternative proposals and
4687	other program delivery options.
4688	5.  The program's admission requirements, academic content,
4689	curriculum, faculty credentials, student-to-teacher ratios, and
4690	accreditation plan.
4691	6.  The program's enrollment projections and funding
4692	requirements.
4693	7.  A plan of action if the program is terminated.
4694	(e)  The Division of Florida Colleges to review the
4695	proposal, notify the Florida College System institution of any
4696	deficiencies in writing within 30 days following receipt of the
4697	proposal, and provide the Florida College System institution
4698	with an opportunity to correct the deficiencies. Within 45 days
4699	following receipt of a completed proposal by the Division of
4700	Florida Colleges, the Commissioner of Education shall recommend
4701	approval or disapproval of the proposal to the State Board of
4702	Education. The State Board of Education shall consider such
4703	recommendation, the proposal, and any alternative proposals at
4704	its next meeting. If the State Board of Education disapproves
4705	the Florida College System institution's college's proposal, it
4706	shall provide the Florida College System institution with
4707	written reasons for that determination.
4708	(f)  The Florida College System institution to obtain from
4709	the Commission on Colleges of the Southern Association of
4710	Colleges and Schools accreditation as a baccalaureate-degree-
4711	granting institution if approved by the State Board of Education
4712	to offer its first baccalaureate degree program.
4713	(g)  The Florida College System institution to notify the
4714	Commission on Colleges of the Southern Association of Colleges
4715	and Schools of subsequent degree programs that are approved by
4716	the State Board of Education and to comply with the
4717	association's required substantive change protocols for
4718	accreditation purposes.
4719	(6)(a)  Beginning July 1, 2010, and each subsequent July 1,
4720	the Division of Florida Colleges may accept and review
4721	applications from a Florida College System institution to obtain
4722	an exemption from the State Board of Education's approval for
4723	subsequent degrees as required in subsection (5), if the Florida
4724	College System institution is accredited by the Commission on
4725	Colleges of the Southern Association of Colleges and Schools as
4726	a baccalaureate-degree-granting institution and has been
4727	offering baccalaureate degree programs for 3 or more years. The
4728	division shall develop criteria for determining eligibility for
4729	an exemption based upon demonstrated compliance with the
4730	requirements for baccalaureate degrees, primary mission, and
4731	fiscal, including, but not limited to:
4732	1.  Obtaining and maintaining appropriate SACS
4733	accreditation;
4734	2.  The maintenance of qualified faculty and institutional
4735	resources;
4736	3.  The maintenance of enrollment projections in previously
4737	approved programs;
4738	4.  The appropriate management of fiscal resources;
4739	5.  Compliance with the primary mission and responsibility
4740	requirements in subsections (2) and (3);
4741	6.  The timely submission of the institution's annual
4742	performance accountability report; and
4743	7.  Other indicators of success such as program completers,
4744	placements, and surveys of students and employers.
4745	(b)  If the Florida College System institution has
4746	demonstrated satisfactory progress in fulfilling the eligibility
4747	criteria in this subsection, the Division of Florida Colleges
4748	may recommend to the State Board of Education that the
4749	institution be exempt from the requirement in subsection (5) for
4750	approval of future baccalaureate degree programs. The State
4751	Board of Education shall review the division's recommendation
4752	and determine if an exemption is warranted. If the State Board
4753	of Education approves the application, the Florida College
4754	System institution is exempt from subsequent program approval
4755	under subsection (5) and such authority is delegated to the
4756	Florida College System institution board of trustees. If the
4757	State Board of Education disapproves of the Florida College
4758	System institution's college's request for an exemption, the
4759	college shall continue to be subject to the State Board of
4760	Education's approval of subsequent baccalaureate degree
4761	programs.
4762	(c)  Prior to developing or proposing a new baccalaureate
4763	degree program, all Florida College System institutions
4764	colleges, regardless of an exemption from subsection (5), shall:
4765	1.  Engage in need, demand, and impact discussions with the
4766	state university in their service district and other local and
4767	regional, accredited postsecondary providers in their region.
4768	2.  Send documentation, data, and other information from
4769	the inter-institutional discussions regarding program need,
4770	demand, and impact required in subparagraph 1. to the college's
4771	board of trustees, the Division of Florida Colleges, and the
4772	Chancellor of the State University System.
4773	3.  Base board of trustees approval of the new program upon
4774	the documentation, data, and other information required in this
4775	paragraph and the factors in subsection (5)(d).
4776
4777	The Division of Florida Colleges shall use the documentation,
4778	data, and other information required in this subsection,
4779	including information from the Chancellor of the State
4780	University System, in its compliance review.
4781	(d)  The board of trustees of a Florida College System
4782	institution that is exempt from subsection (5) must submit newly
4783	approved programs to the Division of Florida Colleges and SACS
4784	within 30 days after approval.
4785	Section 104.  Subsection (1) of section 1007.34, Florida
4786	Statutes, is amended to read:
4787	1007.34  College reach-out program.-
4788	(1)  There is established a college reach-out program to
4789	increase the number of low-income educationally disadvantaged
4790	students in grades 6-12 who, upon high school graduation, are
4791	admitted to and successfully complete postsecondary education.
4792	Participants should be students who otherwise would be unlikely
4793	to seek admission to a Florida College System institution
4794	community college, state university, or independent
4795	postsecondary institution without special support and
4796	recruitment efforts. The State Board of Education shall adopt
4797	rules that provide for the following:
4798	(a)  Definition of "low-income educationally disadvantaged
4799	student."
4800	(b)  Specific criteria and guidelines for selection of
4801	college reach-out participants.
4802	Section 105.  Paragraphs (f) and (j) of subsection (6) of
4803	section 1007.35, Florida Statutes, are amended to read:
4804	1007.35  Florida Partnership for Minority and
4805	Underrepresented Student Achievement.-
4806	(6)  The partnership shall:
4807	(f)  Consider ways to incorporate Florida College System
4808	institutions community colleges in the mission of preparing all
4809	students for postsecondary success.
4810	(j)  Provide information to students, parents, teachers,
4811	counselors, administrators, districts, Florida College System
4812	institutions community colleges, and state universities
4813	regarding PSAT/NMSQT or PLAN administration, including, but not
4814	limited to:
4815	1.  Test administration dates and times.
4816	2.  That participation in the PSAT/NMSQT or PLAN is open to
4817	all grade 10 students.
4818	3.  The value of such tests in providing diagnostic
4819	feedback on student skills.
4820	4.  The value of student scores in predicting the
4821	probability of success on AP or other advanced course
4822	examinations.
4823	Section 106.  Subsections (3) and (4) of section 1008.30,
4824	Florida Statutes, are amended to read:
4825	1008.30  Common placement testing for public postsecondary
4826	education.-
4827	(3)  The State Board of Education shall adopt rules that
4828	require high schools to evaluate before the beginning of grade
4829	12 the college readiness of each student who indicates an
4830	interest in postsecondary education and scores at Level 2 or
4831	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
4832	Level 3, or Level 4 on the mathematics assessments under s.
4833	1008.22(3)(c). High schools shall perform this evaluation using
4834	results from the corresponding component of the common placement
4835	test prescribed in this section, or an equivalent test
4836	identified by the State Board of Education. The Department of
4837	Education shall purchase or develop the assessments necessary to
4838	perform the evaluations required by this subsection and shall
4839	work with the school districts to administer the assessments.
4840	The State Board of Education shall establish by rule the minimum
4841	test scores a student must achieve to demonstrate readiness.
4842	Students who demonstrate readiness by achieving the minimum test
4843	scores established by the state board and enroll in a Florida
4844	College System institution community college within 2 years of
4845	achieving such scores shall not be required to enroll in
4846	remediation courses as a condition of acceptance to any Florida
4847	College System institution community college. The high school
4848	shall use the results of the test to advise the students of any
4849	identified deficiencies and to the maximum extent practicable
4850	provide 12th grade students access to appropriate remedial
4851	instruction prior to high school graduation. The remedial
4852	instruction provided under this subsection shall be a
4853	collaborative effort between secondary and postsecondary
4854	educational institutions. To the extent courses are available,
4855	the Florida Virtual School may be used to provide the remedial
4856	instruction required by this subsection.
4857	(4)(a)  Public postsecondary educational institution
4858	students who have been identified as requiring additional
4859	preparation pursuant to subsection (1) shall enroll in college-
4860	preparatory or other adult education pursuant to s. 1004.93 in
4861	Florida College System institutions community colleges to
4862	develop needed college-entry skills. These students shall be
4863	permitted to take courses within their degree program
4864	concurrently in other curriculum areas for which they are
4865	qualified while enrolled in college-preparatory instruction
4866	courses. A student enrolled in a college-preparatory course may
4867	concurrently enroll only in college credit courses that do not
4868	require the skills addressed in the college-preparatory course.
4869	The State Board of Education, in conjunction with the Board of
4870	Governors, shall specify the college credit courses that are
4871	acceptable for students enrolled in each college-preparatory
4872	skill area. A student who wishes to earn an associate in arts or
4873	a baccalaureate degree, but who is required to complete a
4874	college-preparatory course, must successfully complete the
4875	required college-preparatory studies by the time the student has
4876	accumulated 12 hours of lower-division college credit degree
4877	coursework; however, a student may continue enrollment in
4878	degree-earning coursework provided the student maintains
4879	enrollment in college-preparatory coursework for each subsequent
4880	semester until college-preparatory coursework requirements are
4881	completed, and the student demonstrates satisfactory performance
4882	in degree-earning coursework. A passing score on a standardized,
4883	institutionally developed test must be achieved before a student
4884	is considered to have met basic computation and communication
4885	skills requirements; however, no student shall be required to
4886	retake any test or subtest that was previously passed by said
4887	student. Credit awarded for college-preparatory instruction may
4888	not be counted toward fulfilling the number of credits required
4889	for a degree.
4890	(b)  A university board of trustees may contract with a
4891	Florida College System institution community college board of
4892	trustees for the Florida College System institution community
4893	college to provide such instruction on the state university
4894	campus. Any state university in which the percentage of incoming
4895	students requiring college-preparatory instruction equals or
4896	exceeds the average percentage of such students for the Florida
4897	community College System may offer college-preparatory
4898	instruction without contracting with a Florida College System
4899	institution community college; however, any state university
4900	offering college-preparatory instruction as of January 1, 1996,
4901	may continue to provide such services.
4902	Section 107.  Paragraph (e) of subsection (1) of section
4903	1008.31, Florida Statutes, is amended to read:
4904	1008.31  Florida's K-20 education performance
4905	accountability system; legislative intent; mission, goals, and
4906	systemwide measures; data quality improvements.-
4907	(1)  LEGISLATIVE INTENT.-It is the intent of the
4908	Legislature that:
4909	(e)1.  The State Board of Education establish performance
4910	measures and set performance standards for individual public
4911	schools and Florida College System institutions community
4912	colleges, with measures and standards based primarily on student
4913	achievement.
4914	2.  The Board of Governors of the State University System
4915	establish performance measures and set performance standards for
4916	individual state universities, including actual completion
4917	rates.
4918	Section 108.  Section 1008.32, Florida Statutes, is amended
4919	to read:
4920	1008.32  State Board of Education oversight enforcement
4921	authority.-The State Board of Education shall oversee the
4922	performance of district school boards and Florida College System
4923	institution community college boards of trustees in enforcement
4924	of all laws and rules. District school boards and Florida
4925	College System institution community college boards of trustees
4926	shall be primarily responsible for compliance with law and state
4927	board rule.
4928	(1)  In order to ensure compliance with law or state board
4929	rule, the State Board of Education shall have the authority to
4930	request and receive information, data, and reports from school
4931	districts and Florida College System institutions community
4932	colleges. District school superintendents and Florida College
4933	System institution community college presidents are responsible
4934	for the accuracy of the information and data reported to the
4935	state board.
4936	(2)  The Commissioner of Education may investigate
4937	allegations of noncompliance with law or state board rule and
4938	determine probable cause. The commissioner shall report
4939	determinations of probable cause to the State Board of Education
4940	which shall require the district school board or Florida College
4941	System institution community college board of trustees to
4942	document compliance with law or state board rule.
4943	(3)  If the district school board or Florida College System
4944	institution community college board of trustees cannot
4945	satisfactorily document compliance, the State Board of Education
4946	may order compliance within a specified timeframe.
4947	(4)  If the State Board of Education determines that a
4948	district school board or Florida College System institution
4949	community college board of trustees is unwilling or unable to
4950	comply with law or state board rule within the specified time,
4951	the state board shall have the authority to initiate any of the
4952	following actions:
4953	(a)  Report to the Legislature that the school district or
4954	Florida College System institution community college has been
4955	unwilling or unable to comply with law or state board rule and
4956	recommend action to be taken by the Legislature.
4957	(b)  Reduce the discretionary lottery appropriation until
4958	the school district or Florida College System institution
4959	community college complies with the law or state board rule.
4960	(c)  Withhold the transfer of state funds, discretionary
4961	grant funds, or any other funds specified as eligible for this
4962	purpose by the Legislature until the school district or Florida
4963	College System institution community college complies with the
4964	law or state board rule.
4965	(d)  Declare the school district or Florida College System
4966	institution community college ineligible for competitive grants.
4967	(e)  Require monthly or periodic reporting on the situation
4968	related to noncompliance until it is remedied.
4969	(5)  Nothing in this section shall be construed to create a
4970	private cause of action or create any rights for individuals or
4971	entities in addition to those provided elsewhere in law or rule.
4972	Section 109.  Paragraphs (g) and (h) of subsection (7) of
4973	section 1008.345, Florida Statutes, are amended to read:
4974	1008.345  Implementation of state system of school
4975	improvement and education accountability.-
4976	(7)  As a part of the system of educational accountability,
4977	the Department of Education shall:
4978	(g)  Maintain for the information of the State Board of
4979	Education, the Board of Governors, and the Legislature a file of
4980	data to reflect achievement of college-level communication and
4981	mathematics competencies by students in state universities and
4982	Florida College System institutions community colleges.
4983	(h)  Develop or contract for, and submit to the State Board
4984	of Education and the Board of Governors for approval, tests
4985	which measure and diagnose student achievement of college-level
4986	communication and mathematics skills. Any tests and related
4987	documents developed are exempt from the provisions of s.
4988	119.07(1). The commissioner shall maintain statewide
4989	responsibility for the administration of such tests and may
4990	assign administrative responsibilities for the tests to any
4991	state university or Florida College System institution community
4992	college. The state board, upon recommendation of the
4993	commissioner, may enter into contracts for such services
4994	beginning in one fiscal year and continuing into the next year
4995	which are paid from the appropriation for either or both fiscal
4996	years.
4997	Section 110.  Paragraph (b) of subsection (1) and paragraph
4998	(a) of subsection (2) of section 1008.385, Florida Statutes, are
4999	amended to read:
5000	1008.385  Educational planning and information systems.-
5001	(1)  EDUCATIONAL PLANNING.-
5002	(b)  Each district school board shall maintain a continuing
5003	system of planning and budgeting designed to aid in identifying
5004	and meeting the educational needs of students and the public.
5005	Provision shall be made for coordination between district school
5006	boards and Florida College System institution community college
5007	boards of trustees concerning the planning for career education
5008	and adult educational programs. The major emphasis of the system
5009	shall be upon locally determined goals and objectives, the state
5010	plan for education, and the Sunshine State Standards developed
5011	by the Department of Education and adopted by the State Board of
5012	Education. The district planning and budgeting system must
5013	include consideration of student achievement data obtained
5014	pursuant to ss. 1008.22 and 1008.34. The system shall be
5015	structured to meet the specific management needs of the district
5016	and to align the budget adopted by the district school board
5017	with the plan the board has also adopted. Each district school
5018	board shall utilize its system of planning and budgeting to
5019	emphasize a system of school-based management in which
5020	individual school centers become the principal planning units
5021	and to integrate planning and budgeting at the school level.
5022	(2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.-The
5023	Commissioner of Education shall develop and implement an
5024	integrated information system for educational management. The
5025	system must be designed to collect, via electronic transfer, all
5026	student and school performance data required to ascertain the
5027	degree to which schools and school districts are meeting state
5028	performance standards, and must be capable of producing data for
5029	a comprehensive annual report on school and district
5030	performance. In addition, the system shall support, as feasible,
5031	the management decisions to be made in each division of the
5032	department and at the individual school and district levels.
5033	Similar data elements among divisions and levels shall be
5034	compatible. The system shall be based on an overall conceptual
5035	design; the information needed for such decisions, including
5036	fiscal, student, program, personnel, facility, community,
5037	evaluation, and other relevant data; and the relationship
5038	between cost and effectiveness. The system shall be managed and
5039	administered by the commissioner and shall include a district
5040	subsystem component to be administered at the district level,
5041	with input from the reports-and-forms control management
5042	committees. Each district school system with a unique management
5043	information system shall assure that compatibility exists
5044	between its unique system and the district component of the
5045	state system so that all data required as input to the state
5046	system is made available via electronic transfer and in the
5047	appropriate input format.
5048	(a)  The specific responsibilities of the commissioner
5049	shall include:
5050	1.  Consulting with school district representatives in the
5051	development of the system design model and implementation plans
5052	for the management information system for public school
5053	education management;
5054	2.  Providing operational definitions for the proposed
5055	system;
5056	3.  Determining the information and specific data elements
5057	required for the management decisions made at each educational
5058	level, recognizing that the primary unit for information input
5059	is the individual school and recognizing that time and effort of
5060	instructional personnel expended in collection and compilation
5061	of data should be minimized;
5062	4.  Developing standardized terminology and procedures to
5063	be followed at all levels of the system;
5064	5.  Developing a standard transmittal format to be used for
5065	collection of data from the various levels of the system;
5066	6.  Developing appropriate computer programs to assure
5067	integration of the various information components dealing with
5068	students, personnel, facilities, fiscal, program, community, and
5069	evaluation data;
5070	7.  Developing the necessary programs to provide
5071	statistical analysis of the integrated data provided in
5072	subparagraph 6. in such a way that required reports may be
5073	disseminated, comparisons may be made, and relationships may be
5074	determined in order to provide the necessary information for
5075	making management decisions at all levels;
5076	8.  Developing output report formats which will provide
5077	district school systems with information for making management
5078	decisions at the various educational levels;
5079	9.  Developing a phased plan for distributing computer
5080	services equitably among all public schools and school districts
5081	in the state as rapidly as possible. The plan shall describe
5082	alternatives available to the state in providing such computing
5083	services and shall contain estimates of the cost of each
5084	alternative, together with a recommendation for action. In
5085	developing the plan, the feasibility of shared use of computing
5086	hardware and software by school districts, Florida College
5087	System institutions community colleges, and universities shall
5088	be examined. Laws or administrative rules regulating procurement
5089	of data processing equipment, communication services, or data
5090	processing services by state agencies shall not be construed to
5091	apply to local agencies which share computing facilities with
5092	state agencies;
5093	10.  Assisting the district school systems in establishing
5094	their subsystem components and assuring compatibility with
5095	current district systems;
5096	11.  Establishing procedures for continuous evaluation of
5097	system efficiency and effectiveness;
5098	12.  Initiating a reports-management and forms-management
5099	system to ascertain that duplication in collection of data does
5100	not exist and that forms and reports for reporting under state
5101	and federal requirements and other forms and reports are
5102	prepared in a logical and uncomplicated format, resulting in a
5103	reduction in the number and complexity of required reports,
5104	particularly at the school level; and
5105	13.  Initiating such other actions as are necessary to
5106	carry out the intent of the Legislature that a management
5107	information system for public school management needs be
5108	implemented. Such other actions shall be based on criteria
5109	including, but not limited to:
5110	a.  The purpose of the reporting requirement;
5111	b.  The origination of the reporting requirement;
5112	c.  The date of origin of the reporting requirement; and
5113	d.  The date of repeal of the reporting requirement.
5114	Section 111.  Section 1008.405, Florida Statutes, is
5115	amended to read:
5116	1008.405  Adult student information.-Each school district
5117	and Florida College System institution community college shall
5118	maintain sufficient information for each student enrolled in
5119	workforce education to allow local and state administrators to
5120	locate such student upon the termination of instruction and to
5121	determine the appropriateness of student placement in specific
5122	instructional programs. The State Board of Education shall
5123	adopt, by rule, specific information that must be maintained and
5124	acceptable means of maintaining that information.
5125	Section 112.  Subsections (1) and (2) of section 1008.41,
5126	Florida Statutes, are amended to read:
5127	1008.41  Workforce education; management information
5128	system.-
5129	(1)  The Commissioner of Education shall coordinate uniform
5130	program structures, common definitions, and uniform management
5131	information systems for workforce education for all divisions
5132	within the department. In performing these functions, the
5133	commissioner shall designate deadlines after which data elements
5134	may not be changed for the coming fiscal or school year. School
5135	districts and Florida College System institutions community
5136	colleges shall be notified of data element changes at least 90
5137	days prior to the start of the subsequent fiscal or school year.
5138	Such systems must provide for:
5139	(a)  Individual student reporting.
5140	(b)  Compliance with state and federal confidentiality
5141	requirements, except that the department shall have access to
5142	the unemployment insurance wage reports to collect and report
5143	placement information about former students. Such placement
5144	reports must not disclose the individual identities of former
5145	students.
5146	(c)  Maximum use of automated technology and records in
5147	existing databases and data systems. To the extent feasible, the
5148	Florida Information Resource Network may be employed for this
5149	purpose.
5150	(d)  Annual reports of student enrollment, completion, and
5151	placement by program.
5152	(2)  The State Board of Education shall identify, by rule,
5153	the components to be included in the workforce education
5154	management information system. All such components shall be
5155	comparable between school districts and Florida College System
5156	institutions community colleges.
5157	Section 113.  Paragraph (b) of subsection (2) of section
5158	1008.42, Florida Statutes, is amended to read:
5159	1008.42  Public information on career education programs.-
5160	(2)  The dissemination shall be conducted in accordance
5161	with the following procedures:
5162	(b)1.  Each district school board shall publish, at a
5163	minimum, the most recently available placement rate for each
5164	career certificate program conducted by that school district at
5165	the secondary school level and at the career degree level. The
5166	placement rates for the preceding 3 years shall be published if
5167	available, shall be included in each publication that informs
5168	the public of the availability of the program, and shall be made
5169	available to each school guidance counselor. If a program does
5170	not have a placement rate, a publication that lists or describes
5171	that program must state that the rate is unavailable.
5172	2.  Each Florida College System institution community
5173	college shall publish, at a minimum, the most recent placement
5174	rate for each career certificate program and for each career
5175	degree program in its annual catalog. The placement rates for
5176	the preceding 3 years shall be published, if available, and
5177	shall be included in any publication that informs the public of
5178	the availability of the program. If a program does not have a
5179	placement rate, the publication that lists or describes that
5180	program must state that the rate is unavailable.
5181	3.  If a school district or a Florida College System
5182	institution community college has calculated for a program a
5183	placement rate that differs from the rate reported by the
5184	department, and if each record of a placement was obtained
5185	through a process that was capable of being audited,
5186	procedurally sound, and consistent statewide, the district or
5187	the Florida College System institution community college may use
5188	the locally calculated placement rate in the report required by
5189	this section. However, that rate may not be combined with the
5190	rate maintained in the computer files of the Department of
5191	Education's Florida Education and Training Placement Information
5192	Program.
5193	4.  An independent career, trade, or business school may
5194	not publish a placement rate unless the placement rate was
5195	determined as provided by this section.
5196	Section 114.  Paragraphs (b) and (c) of subsection (1) and
5197	subsections (2) and (3) of section 1008.43, Florida Statutes,
5198	are amended to read:
5199	1008.43  Career program reporting requirements.-
5200	(1)
5201	(b)  To measure and report program enrollment and
5202	completion rates, the Department of Education shall use data in
5203	the automated student databases generated by the public schools
5204	and Florida College System institutions community colleges. To
5205	measure and report placement rates and amount of earnings at the
5206	time of placement, the department shall use data in the reports
5207	produced by the Florida Education and Training Placement
5208	Information Program as required in s. 1008.39. If any placement
5209	information is not available from the Florida Education and
5210	Training Placement Information Program, the school district or
5211	the Florida College System institution community college may
5212	provide placement information collected by the school district
5213	or the Florida College System institution community college.
5214	However, this supplemental information must be verifiable by the
5215	department and must not be commingled with the database
5216	maintained by the Florida Education and Training Placement
5217	Information Program. The State Board of Education shall specify
5218	by rule the statistically valid, verifiable, uniform procedures
5219	by which school districts and Florida College System
5220	institutions community colleges may collect and report placement
5221	information to supplement the reports from the Florida Education
5222	and Training Placement Information Program.
5223	(c)  The State Board of Education shall adopt standards for
5224	the department, district school boards, and Florida College
5225	System institution community college district boards of trustees
5226	to use in program planning, program review, and program
5227	evaluation. The standards must include, at a minimum, the
5228	completion rates, placement rates, and earnings from employment
5229	of former students of career education programs.
5230	(2)  The State Board of Education shall adopt procedures
5231	for reviewing the career education programs administered by the
5232	district school boards and the Florida College System
5233	institution community college district boards of trustees when
5234	program performance falls below the standards required by this
5235	section.
5236	(3)  Annually, the department shall compile the reports
5237	submitted in compliance with the rules adopted under this
5238	section and shall produce a statewide report that addresses the
5239	extent to which school districts and Florida College System
5240	institutions community colleges are meeting the standards
5241	established under paragraph (1)(c).
5242	Section 115.  Section 1008.45, Florida Statutes, is amended
5243	to read:
5244	1008.45  Florida College System institution Community
5245	college accountability process.-
5246	(1)  It is the intent of the Legislature that a management
5247	and accountability process be implemented which provides for the
5248	systematic, ongoing improvement and assessment of the
5249	improvement of the quality and efficiency of the Florida College
5250	System institutions community colleges. Accordingly, the State
5251	Board of Education and the Florida College System institution
5252	community college boards of trustees shall develop and implement
5253	an accountability plan to improve and evaluate the instructional
5254	and administrative efficiency and effectiveness of the Florida
5255	Community College System. This plan shall be designed in
5256	consultation with staff of the Governor and the Legislature and
5257	must address the following issues:
5258	(a)  Graduation rates of A.A. and A.S. degree-seeking
5259	students compared to first-time-enrolled students seeking the
5260	associate degree.
5261	(b)  Minority student enrollment and retention rates.
5262	(c)  Student performance, including student performance in
5263	college-level academic skills, mean grade point averages for
5264	Florida College System institution community college A.A.
5265	transfer students, and Florida College System institution
5266	community college student performance on state licensure
5267	examinations.
5268	(d)  Job placement rates of Florida College System
5269	institution community college career students.
5270	(e)  Student progression by admission status and program.
5271	(f)  Career accountability standards identified in s.
5272	1008.42.
5273	(g)  Institutional assessment efforts related to the
5274	requirements of s. III in the Criteria for Accreditation of the
5275	Commission on Colleges of the Southern Association of Colleges
5276	and Schools.
5277	(h)  Other measures approved by the State Board of
5278	Education.
5279	(2)  The State Board of Education shall submit an annual
5280	report, to coincide with the submission of the agency strategic
5281	plan required by law, providing the results of initiatives taken
5282	during the prior year and the initiatives and related objective
5283	performance measures proposed for the next year.
5284	(3)  The State Board of Education shall address within the
5285	annual evaluation of the performance of the executive director,
5286	and the Florida College System institution community college
5287	boards of trustees shall address within the annual evaluation of
5288	the presidents, the achievement of the performance goals
5289	established by the accountability process.
5290	Section 116.  Section 1009.21, Florida Statutes, is amended
5291	to read:
5292	1009.21  Determination of resident status for tuition
5293	purposes.-Students shall be classified as residents or
5294	nonresidents for the purpose of assessing tuition in
5295	postsecondary educational programs offered by charter technical
5296	career centers or career centers operated by school districts,
5297	in Florida College System institutions community colleges, and
5298	in state universities.
5299	(1)  As used in this section, the term:
5300	(a)  "Dependent child" means any person, whether or not
5301	living with his or her parent, who is eligible to be claimed by
5302	his or her parent as a dependent under the federal income tax
5303	code.
5304	(b)  "Initial enrollment" means the first day of class at
5305	an institution of higher education.
5306	(c)  "Institution of higher education" means any charter
5307	technical career center as defined in s. 1002.34, career center
5308	operated by a school district as defined in s. 1001.44, Florida
5309	College System institution community college as defined in s.
5310	1000.21(3), or state university as defined in s. 1000.21(6).
5311	(d)  "Legal resident" or "resident" means a person who has
5312	maintained his or her residence in this state for the preceding
5313	year, has purchased a home which is occupied by him or her as
5314	his or her residence, or has established a domicile in this
5315	state pursuant to s. 222.17.
5316	(e)  "Nonresident for tuition purposes" means a person who
5317	does not qualify for the in-state tuition rate.
5318	(f)  "Parent" means the natural or adoptive parent or legal
5319	guardian of a dependent child.
5320	(g)  "Resident for tuition purposes" means a person who
5321	qualifies as provided in this section for the in-state tuition
5322	rate.
5323	(2)(a)  To qualify as a resident for tuition purposes:
5324	1.  A person or, if that person is a dependent child, his
5325	or her parent or parents must have established legal residence
5326	in this state and must have maintained legal residence in this
5327	state for at least 12 consecutive months immediately prior to
5328	his or her initial enrollment in an institution of higher
5329	education.
5330	2.  Every applicant for admission to an institution of
5331	higher education shall be required to make a statement as to his
5332	or her length of residence in the state and, further, shall
5333	establish that his or her presence or, if the applicant is a
5334	dependent child, the presence of his or her parent or parents in
5335	the state currently is, and during the requisite 12-month
5336	qualifying period was, for the purpose of maintaining a bona
5337	fide domicile, rather than for the purpose of maintaining a mere
5338	temporary residence or abode incident to enrollment in an
5339	institution of higher education.
5340	(b)  However, with respect to a dependent child living with
5341	an adult relative other than the child's parent, such child may
5342	qualify as a resident for tuition purposes if the adult relative
5343	is a legal resident who has maintained legal residence in this
5344	state for at least 12 consecutive months immediately prior to
5345	the child's initial enrollment in an institution of higher
5346	education, provided the child has resided continuously with such
5347	relative for the 5 years immediately prior to the child's
5348	initial enrollment in an institution of higher education, during
5349	which time the adult relative has exercised day-to-day care,
5350	supervision, and control of the child.
5351	(c)  The legal residence of a dependent child whose parents
5352	are divorced, separated, or otherwise living apart will be
5353	deemed to be this state if either parent is a legal resident of
5354	this state, regardless of which parent is entitled to claim, and
5355	does in fact claim, the minor as a dependent pursuant to federal
5356	individual income tax provisions.
5357	(3)(a)  An individual shall not be classified as a resident
5358	for tuition purposes and, thus, shall not be eligible to receive
5359	the in-state tuition rate until he or she has provided such
5360	evidence related to legal residence and its duration or, if that
5361	individual is a dependent child, evidence of his or her parent's
5362	legal residence and its duration, as may be required by law and
5363	by officials of the institution of higher education from which
5364	he or she seeks the in-state tuition rate.
5365	(b)  Except as otherwise provided in this section, evidence
5366	of legal residence and its duration shall include clear and
5367	convincing documentation that residency in this state was for a
5368	minimum of 12 consecutive months prior to a student's initial
5369	enrollment in an institution of higher education.
5370	(c)  Each institution of higher education shall
5371	affirmatively determine that an applicant who has been granted
5372	admission to that institution as a Florida resident meets the
5373	residency requirements of this section at the time of initial
5374	enrollment. The residency determination must be documented by
5375	the submission of written or electronic verification that
5376	includes two or more of the documents identified in this
5377	paragraph. No single piece of evidence shall be conclusive.
5378	1.  The documents must include at least one of the
5379	following:
5380	a.  A Florida voter's registration card.
5381	b.  A Florida driver's license.
5382	c.  A State of Florida identification card.
5383	d.  A Florida vehicle registration.
5384	e.  Proof of a permanent home in Florida which is occupied
5385	as a primary residence by the individual or by the individual's
5386	parent if the individual is a dependent child.
5387	f.  Proof of a homestead exemption in Florida.
5388	g.  Transcripts from a Florida high school for multiple
5389	years if the Florida high school diploma or GED was earned
5390	within the last 12 months.
5391	h.  Proof of permanent full-time employment in Florida for
5392	at least 30 hours per week for a 12-month period.
5393	2.  The documents may include one or more of the following:
5394	a.  A declaration of domicile in Florida.
5395	b.  A Florida professional or occupational license.
5396	c.  Florida incorporation.
5397	d.  A document evidencing family ties in Florida.
5398	e.  Proof of membership in a Florida-based charitable or
5399	professional organization.
5400	f.  Any other documentation that supports the student's
5401	request for resident status, including, but not limited to,
5402	utility bills and proof of 12 consecutive months of payments; a
5403	lease agreement and proof of 12 consecutive months of payments;
5404	or an official state, federal, or court document evidencing
5405	legal ties to Florida.
5406	(4)  With respect to a dependent child, the legal residence
5407	of the dependent child's parent or parents is prima facie
5408	evidence of the dependent child's legal residence, which
5409	evidence may be reinforced or rebutted, relative to the age and
5410	general circumstances of the dependent child, by the other
5411	evidence of legal residence required of or presented by the
5412	dependent child. However, the legal residence of a dependent
5413	child's parent or parents who are domiciled outside this state
5414	is not prima facie evidence of the dependent child's legal
5415	residence if that dependent child has lived in this state for 5
5416	consecutive years prior to enrolling or reregistering at the
5417	institution of higher education at which resident status for
5418	tuition purposes is sought.
5419	(5)  In making a domiciliary determination related to the
5420	classification of a person as a resident or nonresident for
5421	tuition purposes, the domicile of a married person, irrespective
5422	of sex, shall be determined, as in the case of an unmarried
5423	person, by reference to all relevant evidence of domiciliary
5424	intent. For the purposes of this section:
5425	(a)  A person shall not be precluded from establishing or
5426	maintaining legal residence in this state and subsequently
5427	qualifying or continuing to qualify as a resident for tuition
5428	purposes solely by reason of marriage to a person domiciled
5429	outside this state, even when that person's spouse continues to
5430	be domiciled outside of this state, provided such person
5431	maintains his or her legal residence in this state.
5432	(b)  A person shall not be deemed to have established or
5433	maintained a legal residence in this state and subsequently to
5434	have qualified or continued to qualify as a resident for tuition
5435	purposes solely by reason of marriage to a person domiciled in
5436	this state.
5437	(c)  In determining the domicile of a married person,
5438	irrespective of sex, the fact of the marriage and the place of
5439	domicile of such person's spouse shall be deemed relevant
5440	evidence to be considered in ascertaining domiciliary intent.
5441	(6)(a)  Except as otherwise provided in this section, a
5442	person who is classified as a nonresident for tuition purposes
5443	may become eligible for reclassification as a resident for
5444	tuition purposes if that person or, if that person is a
5445	dependent child, his or her parent presents clear and convincing
5446	documentation that supports permanent legal residency in this
5447	state for at least 12 consecutive months rather than temporary
5448	residency for the purpose of pursuing an education, such as
5449	documentation of full-time permanent employment for the prior 12
5450	months or the purchase of a home in this state and residence
5451	therein for the prior 12 months while not enrolled in an
5452	institution of higher education.
5453	(b)  If a person who is a dependent child and his or her
5454	parent move to this state while such child is a high school
5455	student and the child graduates from a high school in this
5456	state, the child may become eligible for reclassification as a
5457	resident for tuition purposes when the parent submits evidence
5458	that the parent qualifies for permanent residency.
5459	(c)  If a person who is a dependent child and his or her
5460	parent move to this state after such child graduates from high
5461	school, the child may become eligible for reclassification as a
5462	resident for tuition purposes after the parent submits evidence
5463	that he or she has established legal residence in the state and
5464	has maintained legal residence in the state for at least 12
5465	consecutive months.
5466	(d)  A person who is classified as a nonresident for
5467	tuition purposes and who marries a legal resident of the state
5468	or marries a person who becomes a legal resident of the state
5469	may, upon becoming a legal resident of the state, become
5470	eligible for reclassification as a resident for tuition purposes
5471	upon submitting evidence of his or her own legal residency in
5472	the state, evidence of his or her marriage to a person who is a
5473	legal resident of the state, and evidence of the spouse's legal
5474	residence in the state for at least 12 consecutive months
5475	immediately preceding the application for reclassification.
5476	(7)  A person shall not lose his or her resident status for
5477	tuition purposes solely by reason of serving, or, if such person
5478	is a dependent child, by reason of his or her parent's or
5479	parents' serving, in the Armed Forces outside this state.
5480	(8)  A person who has been properly classified as a
5481	resident for tuition purposes but who, while enrolled in an
5482	institution of higher education in this state, loses his or her
5483	resident tuition status because the person or, if he or she is a
5484	dependent child, the person's parent or parents establish
5485	domicile or legal residence elsewhere shall continue to enjoy
5486	the in-state tuition rate for a statutory grace period, which
5487	period shall be measured from the date on which the
5488	circumstances arose that culminated in the loss of resident
5489	tuition status and shall continue for 12 months. However, if the
5490	12-month grace period ends during a semester or academic term
5491	for which such former resident is enrolled, such grace period
5492	shall be extended to the end of that semester or academic term.
5493	(9)  Any person who ceases to be enrolled at or who
5494	graduates from an institution of higher education while
5495	classified as a resident for tuition purposes and who
5496	subsequently abandons his or her domicile in this state shall be
5497	permitted to reenroll at an institution of higher education in
5498	this state as a resident for tuition purposes without the
5499	necessity of meeting the 12-month durational requirement of this
5500	section if that person has reestablished his or her domicile in
5501	this state within 12 months of such abandonment and continuously
5502	maintains the reestablished domicile during the period of
5503	enrollment. The benefit of this subsection shall not be accorded
5504	more than once to any one person.
5505	(10)  The following persons shall be classified as
5506	residents for tuition purposes:
5507	(a)  Active duty members of the Armed Services of the
5508	United States residing or stationed in this state, their
5509	spouses, and dependent children, and active drilling members of
5510	the Florida National Guard.
5511	(b)  Active duty members of the Armed Services of the
5512	United States and their spouses and dependents attending a
5513	Florida College System institution public community college or
5514	state university within 50 miles of the military establishment
5515	where they are stationed, if such military establishment is
5516	within a county contiguous to Florida.
5517	(c)  United States citizens living on the Isthmus of
5518	Panama, who have completed 12 consecutive months of college work
5519	at the Florida State University Panama Canal Branch, and their
5520	spouses and dependent children.
5521	(d)  Full-time instructional and administrative personnel
5522	employed by state public schools and institutions of higher
5523	education and their spouses and dependent children.
5524	(e)  Students from Latin America and the Caribbean who
5525	receive scholarships from the federal or state government. Any
5526	student classified pursuant to this paragraph shall attend, on a
5527	full-time basis, a Florida institution of higher education.
5528	(f)  Southern Regional Education Board's Academic Common
5529	Market graduate students attending Florida's state universities.
5530	(g)  Full-time employees of state agencies or political
5531	subdivisions of the state when the student fees are paid by the
5532	state agency or political subdivision for the purpose of job-
5533	related law enforcement or corrections training.
5534	(h)  McKnight Doctoral Fellows and Finalists who are United
5535	States citizens.
5536	(i)  United States citizens living outside the United
5537	States who are teaching at a Department of Defense Dependent
5538	School or in an American International School and who enroll in
5539	a graduate level education program which leads to a Florida
5540	teaching certificate.
5541	(j)  Active duty members of the Canadian military residing
5542	or stationed in this state under the North American Air Defense
5543	(NORAD) agreement, and their spouses and dependent children,
5544	attending a Florida College System institution community college
5545	or state university within 50 miles of the military
5546	establishment where they are stationed.
5547	(k)  Active duty members of a foreign nation's military who
5548	are serving as liaison officers and are residing or stationed in
5549	this state, and their spouses and dependent children, attending
5550	a Florida College System institution community college or state
5551	university within 50 miles of the military establishment where
5552	the foreign liaison officer is stationed.
5553	(11)  Once a student has been classified as a resident for
5554	tuition purposes, an institution of higher education to which
5555	the student transfers is not required to reevaluate the
5556	classification unless inconsistent information suggests that an
5557	erroneous classification was made or the student's situation has
5558	changed. However, the student must have attended the institution
5559	making the initial classification within the prior 12 months,
5560	and the residency classification must be noted on the student's
5561	transcript. The Higher Education Coordinating Council shall
5562	consider issues related to residency determinations and make
5563	recommendations relating to efficiency and effectiveness of
5564	current law.
5565	(12)  Each institution of higher education shall establish
5566	a residency appeal committee comprised of at least three members
5567	to consider student appeals of residency determinations, in
5568	accordance with the institution's official appeal process. The
5569	residency appeal committee must render to the student the final
5570	residency determination in writing. The institution must advise
5571	the student of the reasons for the determination.
5572	(13)  The State Board of Education and the Board of
5573	Governors shall adopt rules to implement this section.
5574	Section 117.  Subsection (1), paragraphs (a), (b), (e),
5575	(f), and (g) of subsection (3), subsections (4) and (5),
5576	paragraph (a) of subsection (6), and subsections (7), (8), (9),
5577	(10), (11), and (12) of section 1009.22, Florida Statutes, are
5578	amended to read:
5579	1009.22  Workforce education postsecondary student fees.-
5580	(1)  This section applies to students enrolled in workforce
5581	education programs who are reported for funding, except that
5582	college credit fees for the Florida College System institutions
5583	community colleges are governed by s. 1009.23.
5584	(3)(a)  Except as otherwise provided by law, fees for
5585	students who are nonresidents for tuition purposes must offset
5586	the full cost of instruction. Fee-nonexempt students enrolled in
5587	vocational-preparatory instruction shall be charged fees equal
5588	to the fees charged for certificate career education
5589	instruction. Each Florida College System institution community
5590	college that conducts college-preparatory and vocational-
5591	preparatory instruction in the same class section may charge a
5592	single fee for both types of instruction.
5593	(b)  Fees for continuing workforce education shall be
5594	locally determined by the district school board or Florida
5595	College System institution community college board. Expenditures
5596	for the continuing workforce education program provided by the
5597	Florida College System institution community college or school
5598	district must be fully supported by fees. Enrollments in
5599	continuing workforce education courses may not be counted for
5600	purposes of funding full-time equivalent enrollment.
5601	(e)  Each district school board and each Florida College
5602	System institution community college board of trustees may adopt
5603	tuition and out-of-state fees that may vary no more than 5
5604	percent below and 5 percent above the combined total of the
5605	standard tuition and out-of-state fees established in paragraph
5606	(c).
5607	(f)  The maximum increase in resident tuition for any
5608	school district or Florida College System institution community
5609	college during the 2007-2008 fiscal year shall be 5 percent over
5610	the tuition charged during the 2006-2007 fiscal year.
5611	(g)  The State Board of Education may adopt, by rule, the
5612	definitions and procedures that district school boards and
5613	Florida College System institution community college boards of
5614	trustees shall use in the calculation of cost borne by students.
5615	(4)  A district school board or Florida College System
5616	institution community college board that has a service area that
5617	borders another state may implement a plan for a differential
5618	out-of-state fee.
5619	(5)  Each district school board and Florida College System
5620	institution community college board of trustees may establish a
5621	separate fee for financial aid purposes in an additional amount
5622	of up to 10 percent of the student fees collected for workforce
5623	education programs. All fees collected shall be deposited into a
5624	separate workforce education student financial aid fee trust
5625	fund of the school district or Florida College System
5626	institution community college to support students enrolled in
5627	workforce education programs. Any undisbursed balance remaining
5628	in the trust fund and interest income accruing to investments
5629	from the trust fund shall increase the total funds available for
5630	distribution to workforce education students. Awards shall be
5631	based on student financial need and distributed in accordance
5632	with a nationally recognized system of need analysis approved by
5633	the State Board of Education. Fees collected pursuant to this
5634	subsection shall be allocated in an expeditious manner.
5635	(6)(a)  Each district school board and Florida College
5636	System institution community college board of trustees may
5637	establish a separate fee for capital improvements, technology
5638	enhancements, or equipping buildings which may not exceed 5
5639	percent of tuition for resident students or 5 percent of tuition
5640	and out-of-state fees for nonresident students. Funds collected
5641	by Florida College System institutions community colleges
5642	through the fee may be bonded only for the purpose of financing
5643	or refinancing new construction and equipment, renovation, or
5644	remodeling of educational facilities. The fee shall be collected
5645	as a component part of the tuition and fees, paid into a
5646	separate account, and expended only to construct and equip,
5647	maintain, improve, or enhance the certificate career education
5648	or adult education facilities of the school district or Florida
5649	College System institution community college. Projects funded
5650	through the use of the capital improvement fee must meet the
5651	survey and construction requirements of chapter 1013. Pursuant
5652	to s. 216.0158, each district school board and Florida College
5653	System institution community college board of trustees shall
5654	identify each project, including maintenance projects, proposed
5655	to be funded in whole or in part by such fee. Capital
5656	improvement fee revenues may be pledged by a board of trustees
5657	as a dedicated revenue source to the repayment of debt,
5658	including lease-purchase agreements, with an overall term of not
5659	more than 7 years, including renewals, extensions, and
5660	refundings, and revenue bonds with a term not exceeding 20 years
5661	and not exceeding the useful life of the asset being financed,
5662	only for the new construction and equipment, renovation, or
5663	remodeling of educational facilities. Bonds authorized pursuant
5664	to this paragraph shall be requested by the Florida College
5665	System institution community college board of trustees and shall
5666	be issued by the Division of Bond Finance in compliance with s.
5667	11(d), Art. VII of the State Constitution and the State Bond
5668	Act. The Division of Bond Finance may pledge fees collected by
5669	one or more Florida College System institutions community
5670	colleges to secure such bonds. Any project included in the
5671	approved educational plant survey pursuant to chapter 1013 is
5672	approved pursuant to s. 11(f), Art. VII of the State
5673	Constitution. Bonds issued pursuant to the State Bond Act may be
5674	validated in the manner provided by chapter 75. The complaint
5675	for such validation shall be filed in the circuit court of the
5676	county where the seat of state government is situated, the
5677	notice required to be published by s. 75.06 shall be published
5678	only in the county where the complaint is filed, and the
5679	complaint and order of the circuit court shall be served only on
5680	the state attorney of the circuit in which the action is
5681	pending. A maximum of 15 cents per credit hour may be allocated
5682	from the capital improvement fee for child care centers
5683	conducted by the district school board or Florida College System
5684	institution community college board of trustees. The use of
5685	capital improvement fees for such purpose shall be subordinate
5686	to the payment of any bonds secured by the fees.
5687	(7)  Each district school board and Florida College System
5688	institution community college board of trustees is authorized to
5689	establish a separate fee for technology, not to exceed 5 percent
5690	of tuition per credit hour or credit-hour equivalent for
5691	resident students and not to exceed 5 percent of tuition and the
5692	out-of-state fee per credit hour or credit-hour equivalent for
5693	nonresident students. Revenues generated from the technology fee
5694	shall be used to enhance instructional technology resources for
5695	students and faculty and shall not be included in any award
5696	under the Florida Bright Futures Scholarship Program. Fifty
5697	percent of technology fee revenues may be pledged by a Florida
5698	College System institution community college board of trustees
5699	as a dedicated revenue source for the repayment of debt,
5700	including lease-purchase agreements, not to exceed the useful
5701	life of the asset being financed. Revenues generated from the
5702	technology fee may not be bonded.
5703	(8)  Each district school board and Florida College System
5704	institution community college board of trustees is authorized to
5705	establish specific fees for workforce development instruction
5706	not reported for state funding purposes or for workforce
5707	development instruction not reported as state funded full-time
5708	equivalent students. District school boards and Florida College
5709	System institution community college boards of trustees are not
5710	required to charge any other fee specified in this section for
5711	this type of instruction.
5712	(9)  Florida College System institution Community college
5713	boards of trustees and district school boards are not authorized
5714	to charge students enrolled in workforce development programs
5715	any fee that is not specifically authorized by statute. In
5716	addition to tuition, out-of-state, financial aid, capital
5717	improvement, and technology fees, as authorized in this section,
5718	Florida College System institution community college boards of
5719	trustees and district school boards are authorized to establish
5720	fee schedules for the following user fees and fines: laboratory
5721	fees; parking fees and fines; library fees and fines; fees and
5722	fines relating to facilities and equipment use or damage; access
5723	or identification card fees; duplicating, photocopying, binding,
5724	or microfilming fees; standardized testing fees; diploma
5725	replacement fees; transcript fees; application fees; graduation
5726	fees; and late fees related to registration and payment. Such
5727	user fees and fines shall not exceed the cost of the services
5728	provided and shall only be charged to persons receiving the
5729	service. Parking fee revenues may be pledged by a Florida
5730	College System institution community college board of trustees
5731	as a dedicated revenue source for the repayment of debt,
5732	including lease-purchase agreements, with an overall term of not
5733	more than 7 years, including renewals, extensions, and
5734	refundings, and revenue bonds with a term not exceeding 20 years
5735	and not exceeding the useful life of the asset being financed.
5736	Florida College System institutions Community colleges shall use
5737	the services of the Division of Bond Finance of the State Board
5738	of Administration to issue any revenue bonds authorized by this
5739	subsection. Any such bonds issued by the Division of Bond
5740	Finance shall be in compliance with the provisions of the State
5741	Bond Act. Bonds issued pursuant to the State Bond Act may be
5742	validated in the manner established in chapter 75. The complaint
5743	for such validation shall be filed in the circuit court of the
5744	county where the seat of state government is situated, the
5745	notice required to be published by s. 75.06 shall be published
5746	only in the county where the complaint is filed, and the
5747	complaint and order of the circuit court shall be served only on
5748	the state attorney of the circuit in which the action is
5749	pending.
5750	(10)  Each school district and Florida College System
5751	institution community college may assess a service charge for
5752	the payment of tuition and fees in installments. Such service
5753	charge must be approved by the district school board or Florida
5754	College System institution community college board of trustees.
5755	(11)  Any school district or Florida College System
5756	institution community college that reports students who have not
5757	paid fees in an approved manner in calculations of full-time
5758	equivalent enrollments for state funding purposes shall be
5759	penalized at a rate equal to 2 times the value of such
5760	enrollments. Such penalty shall be charged against the following
5761	year's allocation from workforce education funds or the Florida
5762	Community College System Program Fund and shall revert to the
5763	General Revenue Fund. The State Board of Education shall
5764	specify, as necessary in rule, approved methods of student fee
5765	payment. Such methods must include, but need not be limited to,
5766	student fee payment; payment through federal, state, or
5767	institutional financial aid; and employer fee payments.
5768	(12)  Each school district and Florida College System
5769	institution community college shall report only those students
5770	who have actually enrolled in instruction provided or supervised
5771	by instructional personnel under contract with the district or
5772	Florida College System institution community college in
5773	calculations of actual full-time enrollments for state funding
5774	purposes. A student who has been exempted from taking a course
5775	or who has been granted academic or technical credit through
5776	means other than actual coursework completed at the granting
5777	institution may not be calculated for enrollment in the course
5778	from which the student has been exempted or for which the
5779	student has been granted credit. School districts and Florida
5780	College System institutions community colleges that report
5781	enrollments in violation of this subsection shall be penalized
5782	at a rate equal to 2 times the value of such enrollments. Such
5783	penalty shall be charged against the following year's allocation
5784	from workforce education funds and shall revert to the General
5785	Revenue Fund.
5786	Section 118.  Section 1009.23, Florida Statutes, is amended
5787	to read:
5788	1009.23  Florida College System institution Community
5789	college student fees.-
5790	(1)  Unless otherwise provided, this section applies only
5791	to fees charged for college credit instruction leading to an
5792	associate in arts degree, an associate in applied science
5793	degree, an associate in science degree, or a baccalaureate
5794	degree authorized pursuant to s. 1007.33, for noncollege credit
5795	college-preparatory courses defined in s. 1004.02, and for
5796	educator preparation institute programs defined in s. 1004.85.
5797	(2)(a)  All students shall be charged fees except students
5798	who are exempt from fees or students whose fees are waived.
5799	(b)  Tuition and out-of-state fees for upper-division
5800	courses must reflect the fact that the Florida College System
5801	institution community college has a less expensive cost
5802	structure than that of a state university. Therefore, the board
5803	of trustees shall establish tuition and out-of-state fees for
5804	upper-division courses in baccalaureate degree programs approved
5805	pursuant to s. 1007.33 consistent with law and proviso language
5806	in the General Appropriations Act. However, the board of
5807	trustees may not vary tuition and out-of-state fees as provided
5808	in subsection (4).
5809	(3)(a)  Effective January 1, 2008, for advanced and
5810	professional, postsecondary vocational, college preparatory, and
5811	educator preparation institute programs, the following tuition
5812	and fee rates shall apply:
5813	1.  The standard tuition shall be $51.35 per credit hour
5814	for students who are residents for tuition purposes.
5815	2.  The standard tuition shall be $51.35 per credit hour
5816	and the out-of-state fee shall be $154.14 per credit hour for
5817	students who are nonresidents for tuition purposes.
5818	(b)  Effective January 1, 2008, for baccalaureate degree
5819	programs, the following tuition and fee rates shall apply:
5820	1.  The tuition shall be $65.47 per credit hour for
5821	students who are residents for tuition purposes.
5822	2.  The sum of the tuition and the out-of-state fee per
5823	credit hour for students who are nonresidents for tuition
5824	purposes shall be no more than 85 percent of the sum of the
5825	tuition and the out-of-state fee at the state university nearest
5826	the Florida College System institution community college.
5827	(c)  Beginning with the 2008-2009 fiscal year and each year
5828	thereafter, the tuition and the out-of-state fee shall increase
5829	at the beginning of each fall semester at a rate equal to
5830	inflation, unless otherwise provided in the General
5831	Appropriations Act. The Office of Economic and Demographic
5832	Research shall report the rate of inflation to the President of
5833	the Senate, the Speaker of the House of Representatives, the
5834	Governor, and the State Board of Education each year prior to
5835	March 1. For purposes of this paragraph, the rate of inflation
5836	shall be defined as the rate of the 12-month percentage change
5837	in the Consumer Price Index for All Urban Consumers, U.S. City
5838	Average, All Items, or successor reports as reported by the
5839	United States Department of Labor, Bureau of Labor Statistics,
5840	or its successor for December of the previous year. In the event
5841	the percentage change is negative, the tuition and the out-of-
5842	state fee per credit hour shall remain at the same levels as the
5843	prior fiscal year.
5844	(4)  Each Florida College System institution community
5845	college board of trustees shall establish tuition and out-of-
5846	state fees, which may vary no more than 10 percent below and 15
5847	percent above the combined total of the standard tuition and
5848	fees established in subsection (3).
5849	(5)  Except as otherwise provided in law, the sum of
5850	nonresident student tuition and out-of-state fees must be
5851	sufficient to defray the full cost of each program.
5852	(6)  A Florida College System institution community college
5853	board of trustees that has a service area that borders another
5854	state may implement a plan for a differential out-of-state fee.
5855	(7)  Each Florida College System institution community
5856	college board of trustees may establish a separate activity and
5857	service fee not to exceed 10 percent of the tuition fee,
5858	according to rules of the State Board of Education. The student
5859	activity and service fee shall be collected as a component part
5860	of the tuition and fees. The student activity and service fees
5861	shall be paid into a student activity and service fund at the
5862	Florida College System institution community college and shall
5863	be expended for lawful purposes to benefit the student body in
5864	general. These purposes include, but are not limited to, student
5865	publications and grants to duly recognized student
5866	organizations, the membership of which is open to all students
5867	at the Florida College System institution community college
5868	without regard to race, sex, or religion. No Florida College
5869	System institution community college shall be required to lower
5870	any activity and service fee approved by the board of trustees
5871	of the Florida College System institution community college and
5872	in effect prior to October 26, 2007, in order to comply with the
5873	provisions of this subsection.
5874	(8)(a)  Each Florida College System institution community
5875	college board of trustees is authorized to establish a separate
5876	fee for financial aid purposes in an additional amount up to,
5877	but not to exceed, 5 percent of the total student tuition or
5878	out-of-state fees collected. Each Florida College System
5879	institution community college board of trustees may collect up
5880	to an additional 2 percent if the amount generated by the total
5881	financial aid fee is less than $500,000. If the amount generated
5882	is less than $500,000, a Florida College System institution
5883	community college that charges tuition and out-of-state fees at
5884	least equal to the average fees established by rule may transfer
5885	from the general current fund to the scholarship fund an amount
5886	equal to the difference between $500,000 and the amount
5887	generated by the total financial aid fee assessment. No other
5888	transfer from the general current fund to the loan, endowment,
5889	or scholarship fund, by whatever name known, is authorized.
5890	(b)  All funds collected under this program shall be placed
5891	in the loan and endowment fund or scholarship fund of the
5892	college, by whatever name known. Such funds shall be disbursed
5893	to students as quickly as possible. An amount not greater than
5894	40 percent of the fees collected in a fiscal year may be carried
5895	forward unexpended to the following fiscal year. However, funds
5896	collected prior to July 1, 1989, and placed in an endowment fund
5897	may not be considered part of the balance of funds carried
5898	forward unexpended to the following fiscal year.
5899	(c)  Up to 25 percent or $600,000, whichever is greater, of
5900	the financial aid fees collected may be used to assist students
5901	who demonstrate academic merit; who participate in athletics,
5902	public service, cultural arts, and other extracurricular
5903	programs as determined by the institution; or who are identified
5904	as members of a targeted gender or ethnic minority population.
5905	The financial aid fee revenues allocated for athletic
5906	scholarships and fee exemptions provided pursuant to s.
5907	1009.25(3) for athletes shall be distributed equitably as
5908	required by s. 1000.05(3)(d). A minimum of 75 percent of the
5909	balance of these funds for new awards shall be used to provide
5910	financial aid based on absolute need, and the remainder of the
5911	funds shall be used for academic merit purposes and other
5912	purposes approved by the boards of trustees. Such other purposes
5913	shall include the payment of child care fees for students with
5914	financial need. The State Board of Education shall develop
5915	criteria for making financial aid awards. Each college shall
5916	report annually to the Department of Education on the revenue
5917	collected pursuant to this paragraph, the amount carried
5918	forward, the criteria used to make awards, the amount and number
5919	of awards for each criterion, and a delineation of the
5920	distribution of such awards. The report shall include an
5921	assessment by category of the financial need of every student
5922	who receives an award, regardless of the purpose for which the
5923	award is received. Awards which are based on financial need
5924	shall be distributed in accordance with a nationally recognized
5925	system of need analysis approved by the State Board of
5926	Education. An award for academic merit shall require a minimum
5927	overall grade point average of 3.0 on a 4.0 scale or the
5928	equivalent for both initial receipt of the award and renewal of
5929	the award.
5930	(d)  These funds may not be used for direct or indirect
5931	administrative purposes or salaries.
5932	(9)  Any Florida College System institution community
5933	college that reports students who have not paid fees in an
5934	approved manner in calculations of full-time equivalent
5935	enrollments for state funding purposes shall be penalized at a
5936	rate equal to two times the value of such enrollments. Such
5937	penalty shall be charged against the following year's allocation
5938	from the Florida Community College System Program Fund and shall
5939	revert to the General Revenue Fund.
5940	(10)  Each Florida College System institution community
5941	college board of trustees is authorized to establish a separate
5942	fee for technology, which may not exceed 5 percent of tuition
5943	per credit hour or credit-hour equivalent for resident students
5944	and may not exceed 5 percent of tuition and the out-of-state fee
5945	per credit hour or credit-hour equivalent for nonresident
5946	students. Revenues generated from the technology fee shall be
5947	used to enhance instructional technology resources for students
5948	and faculty. The technology fee may apply to both college credit
5949	and college-preparatory instruction and shall not be included in
5950	any award under the Florida Bright Futures Scholarship Program.
5951	Fifty percent of technology fee revenues may be pledged by a
5952	Florida College System institution community college board of
5953	trustees as a dedicated revenue source for the repayment of
5954	debt, including lease-purchase agreements, not to exceed the
5955	useful life of the asset being financed. Revenues generated from
5956	the technology fee may not be bonded.
5957	(11)(a)  Each Florida College System institution community
5958	college board of trustees may establish a separate fee for
5959	capital improvements, technology enhancements, or equipping
5960	student buildings which may not exceed 10 percent of tuition for
5961	resident students or 10 percent of the sum of tuition and out-
5962	of-state fees for nonresident students. The fee for resident
5963	students shall be limited to an increase of $2 per credit hour
5964	over the prior year. Funds collected by Florida College System
5965	institutions community colleges through the fee may be bonded
5966	only as provided in this subsection for the purpose of financing
5967	or refinancing new construction and equipment, renovation, or
5968	remodeling of educational facilities. The fee shall be collected
5969	as a component part of the tuition and fees, paid into a
5970	separate account, and expended only to construct and equip,
5971	maintain, improve, or enhance the educational facilities of the
5972	Florida College System institution community college. Projects
5973	funded through the use of the capital improvement fee shall meet
5974	the survey and construction requirements of chapter 1013.
5975	Pursuant to s. 216.0158, each Florida College System institution
5976	community college shall identify each project, including
5977	maintenance projects, proposed to be funded in whole or in part
5978	by such fee.
5979	(b)  Capital improvement fee revenues may be pledged by a
5980	board of trustees as a dedicated revenue source to the repayment
5981	of debt, including lease-purchase agreements, with an overall
5982	term of not more than 7 years, including renewals, extensions,
5983	and refundings, and revenue bonds with a term not exceeding 20
5984	annual maturities and not exceeding the useful life of the asset
5985	being financed, only for financing or refinancing of the new
5986	construction and equipment, renovation, or remodeling of
5987	educational facilities. Bonds authorized pursuant to this
5988	subsection shall be requested by the Florida College System
5989	institution community college board of trustees and shall be
5990	issued by the Division of Bond Finance in compliance with s.
5991	11(d), Art. VII of the State Constitution and the State Bond
5992	Act. The Division of Bond Finance may pledge fees collected by
5993	one or more Florida College System institutions community
5994	colleges to secure such bonds. Any project included in the
5995	approved educational plant survey pursuant to chapter 1013 is
5996	approved pursuant to s. 11(f), Art. VII of the State
5997	Constitution.
5998	(c)  Bonds issued pursuant to this subsection may be
5999	validated in the manner provided by chapter 75. Only the initial
6000	series of bonds is required to be validated. The complaint for
6001	such validation shall be filed in the circuit court of the
6002	county where the seat of state government is situated, the
6003	notice required to be published by s. 75.06 shall be published
6004	only in the county where the complaint is filed, and the
6005	complaint and order of the circuit court shall be served only on
6006	the state attorney of the circuit in which the action is
6007	pending.
6008	(d)  A maximum of 15 percent may be allocated from the
6009	capital improvement fee for child care centers conducted by the
6010	Florida College System institution community college. The use of
6011	capital improvement fees for such purpose shall be subordinate
6012	to the payment of any bonds secured by the fees.
6013	(e)  The state does hereby covenant with the holders of the
6014	bonds issued under this subsection that it will not take any
6015	action that will materially and adversely affect the rights of
6016	such holders so long as the bonds authorized by this subsection
6017	are outstanding.
6018	(12)(a)  In addition to tuition, out-of-state, financial
6019	aid, capital improvement, student activity and service, and
6020	technology fees authorized in this section, each Florida College
6021	System institution community college board of trustees is
6022	authorized to establish fee schedules for the following user
6023	fees and fines: laboratory fees, which do not apply to a
6024	distance learning course; parking fees and fines; library fees
6025	and fines; fees and fines relating to facilities and equipment
6026	use or damage; access or identification card fees; duplicating,
6027	photocopying, binding, or microfilming fees; standardized
6028	testing fees; diploma replacement fees; transcript fees;
6029	application fees; graduation fees; and late fees related to
6030	registration and payment. Such user fees and fines shall not
6031	exceed the cost of the services provided and shall only be
6032	charged to persons receiving the service. A Florida College
6033	System institution community college may not charge any fee
6034	except as authorized by law. Parking fee revenues may be pledged
6035	by a Florida College System institution community college board
6036	of trustees as a dedicated revenue source for the repayment of
6037	debt, including lease-purchase agreements, with an overall term
6038	of not more than 7 years, including renewals, extensions, and
6039	refundings, and revenue bonds with a term not exceeding 20 years
6040	and not exceeding the useful life of the asset being financed.
6041	Florida College System institutions Community colleges shall use
6042	the services of the Division of Bond Finance of the State Board
6043	of Administration to issue any revenue bonds authorized by this
6044	subsection. Any such bonds issued by the Division of Bond
6045	Finance shall be in compliance with the provisions of the State
6046	Bond Act. Bonds issued pursuant to the State Bond Act may be
6047	validated in the manner established in chapter 75. The complaint
6048	for such validation shall be filed in the circuit court of the
6049	county where the seat of state government is situated, the
6050	notice required to be published by s. 75.06 shall be published
6051	only in the county where the complaint is filed, and the
6052	complaint and order of the circuit court shall be served only on
6053	the state attorney of the circuit in which the action is
6054	pending.
6055	(b)  The State Board of Education may adopt rules pursuant
6056	to ss. 120.536(1) and 120.54 to administer this subsection.
6057	(13)  The State Board of Education shall specify, as
6058	necessary, by rule, approved methods of student fee payment.
6059	Such methods shall include, but not be limited to, student fee
6060	payment; payment through federal, state, or institutional
6061	financial aid; and employer fee payments.
6062	(14)  Each Florida College System institution community
6063	college board of trustees shall report only those students who
6064	have actually enrolled in instruction provided or supervised by
6065	instructional personnel under contract with the Florida College
6066	System institution community college in calculations of actual
6067	full-time equivalent enrollments for state funding purposes. No
6068	student who has been exempted from taking a course or who has
6069	been granted academic or career credit through means other than
6070	actual coursework completed at the granting institution shall be
6071	calculated for enrollment in the course from which he or she has
6072	been exempted or granted credit. Florida College System
6073	institutions Community colleges that report enrollments in
6074	violation of this subsection shall be penalized at a rate equal
6075	to two times the value of such enrollments. Such penalty shall
6076	be charged against the following year's allocation from the
6077	Florida Community College System Program Fund and shall revert
6078	to the General Revenue Fund.
6079	(15)  Each Florida College System institution community
6080	college may assess a service charge for the payment of tuition
6081	and fees in installments and a convenience fee for the
6082	processing of automated or online credit card payments. However,
6083	the amount of the convenience fee may not exceed the total cost
6084	charged by the credit card company to the Florida College System
6085	institution community college. Such service charge or
6086	convenience fee must be approved by the Florida College System
6087	institution community college board of trustees.
6088	(16)(a)  Each Florida College System institution community
6089	college may assess a student who enrolls in a course listed in
6090	the Florida Higher Education Distance Learning Catalog,
6091	established pursuant to s. 1004.09, a per-credit-hour distance
6092	learning course user fee. For purposes of assessing this fee, a
6093	distance learning course is a course in which at least 80
6094	percent of the direct instruction of the course is delivered
6095	using some form of technology when the student and instructor
6096	are separated by time or space, or both.
6097	(b)  The amount of the distance learning course user fee
6098	may not exceed the additional costs of the services provided
6099	which are attributable to the development and delivery of the
6100	distance learning course. If a Florida College System
6101	institution community college assesses the distance learning
6102	course user fee, the institution may not assess any other fees
6103	to cover the additional costs. By September 1 of each year, each
6104	board of trustees shall report to the Division of Florida
6105	Colleges the total amount of revenue generated by the distance
6106	learning course user fee for the prior fiscal year and how the
6107	revenue was expended.
6108	(c)  The link for the catalog must be prominently displayed
6109	within the advising and distance learning sections of the
6110	institution's website, using a graphic and description provided
6111	by the Florida Distance Learning Consortium, to inform students
6112	of the catalog.
6113	(17)  The State Board of Education shall adopt a rule
6114	specifying the definitions and procedures to be used in the
6115	calculation of the percentage of cost paid by students. The rule
6116	must provide for the calculation of the full cost of educational
6117	programs based on the allocation of all funds provided through
6118	the general current fund to programs of instruction, and other
6119	activities as provided in the annual expenditure analysis. The
6120	rule shall be developed in consultation with the Legislature.
6121	Section 119.  Subsections (2) and (3) of section 1009.25,
6122	Florida Statutes, are amended to read:
6123	1009.25  Fee exemptions.-
6124	(2)  The following students are exempt from the payment of
6125	tuition and fees, including lab fees, at a school district that
6126	provides postsecondary career programs, Florida College System
6127	institution community college, or state university:
6128	(a)  A student enrolled in a dual enrollment or early
6129	admission program pursuant to s. 1007.27 or s. 1007.271.
6130	(b)  A student enrolled in an approved apprenticeship
6131	program, as defined in s. 446.021.
6132	(c)  A student who is or was at the time he or she reached
6133	18 years of age in the custody of the Department of Children and
6134	Family Services or who, after spending at least 6 months in the
6135	custody of the department after reaching 16 years of age, was
6136	placed in a guardianship by the court. Such exemption includes
6137	fees associated with enrollment in career-preparatory
6138	instruction. The exemption remains valid until the student
6139	reaches 28 years of age.
6140	(d)  A student who is or was at the time he or she reached
6141	18 years of age in the custody of a relative under s. 39.5085 or
6142	who was adopted from the Department of Children and Family
6143	Services after May 5, 1997. Such exemption includes fees
6144	associated with enrollment in career-preparatory instruction.
6145	The exemption remains valid until the student reaches 28 years
6146	of age.
6147	(e)  A student enrolled in an employment and training
6148	program under the welfare transition program. The regional
6149	workforce board shall pay the state university, Florida College
6150	System institution community college, or school district for
6151	costs incurred for welfare transition program participants.
6152	(f)  A student who lacks a fixed, regular, and adequate
6153	nighttime residence or whose primary nighttime residence is a
6154	public or private shelter designed to provide temporary
6155	residence for individuals intended to be institutionalized, or a
6156	public or private place not designed for, or ordinarily used as,
6157	a regular sleeping accommodation for human beings.
6158	(g)  A student who is a proprietor, owner, or worker of a
6159	company whose business has been at least 50 percent negatively
6160	financially impacted by the buyout of property around Lake
6161	Apopka by the State of Florida. Such student may receive a fee
6162	exemption only if the student has not received compensation
6163	because of the buyout, the student is designated a Florida
6164	resident for tuition purposes, pursuant to s. 1009.21, and the
6165	student has applied for and been denied financial aid, pursuant
6166	to s. 1009.40, which would have provided, at a minimum, payment
6167	of all student fees. The student is responsible for providing
6168	evidence to the postsecondary education institution verifying
6169	that the conditions of this paragraph have been met, including
6170	supporting documentation provided by the Department of Revenue.
6171	The student must be currently enrolled in, or begin coursework
6172	within, a program area by fall semester 2000. The exemption is
6173	valid for a period of 4 years after the date that the
6174	postsecondary education institution confirms that the conditions
6175	of this paragraph have been met.
6176	(3)  Each Florida College System institution community
6177	college is authorized to grant student fee exemptions from all
6178	fees adopted by the State Board of Education and the Florida
6179	College System institution community college board of trustees
6180	for up to 40 full-time equivalent students at each institution.
6181	Section 120.  Subsections (1), (7), (8), and (10) of
6182	section 1009.26, Florida Statutes, are amended to read:
6183	1009.26  Fee waivers.-
6184	(1)  School districts and Florida College System
6185	institutions community colleges may waive fees for any fee-
6186	nonexempt student. The total value of fee waivers granted by the
6187	school district or Florida College System institution community
6188	college may not exceed the amount established annually in the
6189	General Appropriations Act. Any student whose fees are waived in
6190	excess of the authorized amount may not be reported for state
6191	funding purposes. Any school district or Florida College System
6192	institution community college that waives fees and requests
6193	state funding for a student in violation of the provisions of
6194	this section shall be penalized at a rate equal to 2 times the
6195	value of the full-time student enrollment reported.
6196	(7)  The spouse of a deceased state employee is entitled,
6197	when eligible for the payment of student fees by the state as
6198	employer pursuant to s. 440.16, in lieu of such payment, to a
6199	full waiver of student fees for up to 80 semester hours in any
6200	Florida College System institution community college.
6201	(8)  A state university or Florida College System
6202	institution community college shall waive undergraduate tuition
6203	for each recipient of a Purple Heart or another combat
6204	decoration superior in precedence who:
6205	(a)  Is enrolled as a full-time, part-time, or summer-
6206	school student in an undergraduate program that terminates in a
6207	degree or certificate;
6208	(b)  Is currently, and was at the time of the military
6209	action that resulted in the awarding of the Purple Heart or
6210	other combat decoration superior in precedence, a resident of
6211	this state; and
6212	(c)  Submits to the state university or the Florida College
6213	System institution community college the DD-214 form issued at
6214	the time of separation from service as documentation that the
6215	student has received a Purple Heart or another combat decoration
6216	superior in precedence.
6217
6218	Such a waiver for a Purple Heart recipient or recipient of
6219	another combat decoration superior in precedence shall be
6220	applicable for 110 percent of the number of required credit
6221	hours of the degree or certificate program for which the student
6222	is enrolled.
6223	(10)  A state university or Florida College System
6224	institution community college may waive tuition and fees for a
6225	classroom teacher, as defined in s. 1012.01(2)(a), who is
6226	employed full-time by a school district and who meets the
6227	academic requirements established by the Florida College System
6228	institution community college or state university for up to 6
6229	credit hours per term on a space-available basis in
6230	undergraduate courses approved by the Department of Education.
6231	Such courses shall be limited to undergraduate courses related
6232	to special education, mathematics, or science. The waiver may
6233	not be used for courses scheduled during the school district's
6234	regular school day. The State Board of Education shall adopt a
6235	rule that prescribes the process for the approval of courses by
6236	the department.
6237	Section 121.  Subsections (1), (2), (3), and (4) of section
6238	1009.265, Florida Statutes, are amended to read:
6239	1009.265  State employee fee waivers.-
6240	(1)  As a benefit to the employer and employees of the
6241	state, subject to approval by an employee's agency head or the
6242	equivalent, each state university and Florida College System
6243	institution community college shall waive tuition and fees for
6244	state employees to enroll for up to 6 credit hours of courses
6245	per term on a space-available basis.
6246	(2)  The Chief Financial Officer, in cooperation with the
6247	Florida College System institutions community colleges and state
6248	universities, shall identify and implement ways to ease the
6249	administrative burden to Florida College System institutions
6250	community colleges and state universities, including, but not
6251	limited to, providing easier access to verify state employment.
6252	(3)  From funds appropriated by the Legislature for
6253	administrative costs to implement this section, Florida College
6254	System institutions community colleges and state universities
6255	shall be reimbursed on a pro rata basis according to the cost
6256	assessment data developed by the Department of Education.
6257	(4)  The Auditor General shall include a review of the cost
6258	assessment data in conjunction with his or her audit
6259	responsibilities for Florida College System institutions
6260	community colleges, state universities, and the Department of
6261	Education.
6262	Section 122.  Subsections (1) and (3) of section 1009.27,
6263	Florida Statutes, are amended to read:
6264	1009.27  Deferral of fees.-
6265	(1)  School districts, Florida College System institutions
6266	community colleges, and state universities may defer tuition and
6267	fees for students receiving financial aid from a federal or
6268	state assistance program when the aid is delayed in being
6269	transmitted to the student through circumstances beyond the
6270	control of the student. The failure to make timely application
6271	for the aid is an insufficient reason to receive a deferral of
6272	fees.
6273	(3)  Each school district, Florida College System
6274	institution community college, and state university is
6275	responsible for collecting all deferred fees. If a school
6276	district, Florida College System institution community college,
6277	or state university has not collected a deferred fee, the
6278	student may not earn state funding for any course for which the
6279	student subsequently registers until the fee has been paid.
6280	Section 123.  Section 1009.28, Florida Statutes, is amended
6281	to read:
6282	1009.28  Fees for repeated enrollment in college-
6283	preparatory classes.-A student enrolled in the same college-
6284	preparatory class more than twice shall pay 100 percent of the
6285	full cost of instruction to support continuous enrollment of
6286	that student in the same class, and the student shall not be
6287	included in calculations of full-time equivalent enrollments for
6288	state funding purposes; however, students who withdraw or fail a
6289	class due to extenuating circumstances may be granted an
6290	exception only once for each class, provided approval is granted
6291	according to policy established by the board of trustees. Each
6292	Florida College System institution community college may review
6293	and reduce fees paid by students due to continued enrollment in
6294	a college-preparatory class on an individual basis contingent
6295	upon the student's financial hardship, pursuant to definitions
6296	and fee levels established by the State Board of Education.
6297	Section 124.  Section 1009.285, Florida Statutes, is
6298	amended to read:
6299	1009.285  Fees for repeated enrollment in college-credit
6300	courses.-A student enrolled in the same undergraduate college-
6301	credit course more than twice shall pay tuition at 100 percent
6302	of the full cost of instruction and shall not be included in
6303	calculations of full-time equivalent enrollments for state
6304	funding purposes. However, students who withdraw or fail a class
6305	due to extenuating circumstances may be granted an exception
6306	only once for each class, provided that approval is granted
6307	according to policy established by the Florida College System
6308	institution community college board of trustees or the
6309	university board of trustees. Each Florida College System
6310	institution community college and state university may review
6311	and reduce fees paid by students due to continued enrollment in
6312	a college-credit class on an individual basis contingent upon
6313	the student's financial hardship. For purposes of this section,
6314	first-time enrollment in a class shall mean enrollment in a
6315	class beginning fall semester 1997, and calculations of the full
6316	cost of instruction shall be based on the systemwide average of
6317	the prior year's cost of undergraduate programs for the Florida
6318	College System institutions community colleges and the state
6319	universities. Boards of trustees may make exceptions to this
6320	section for individualized study, elective coursework, courses
6321	that are repeated as a requirement of a major, and courses that
6322	are intended as continuing over multiple semesters, excluding
6323	the repeat of coursework more than two times to increase grade
6324	point average or meet minimum course grade requirements.
6325	Section 125.  Subsections (5), (6), and (7) of section
6326	1009.286, Florida Statutes, are amended to read:
6327	1009.286  Additional student payment for hours exceeding
6328	baccalaureate degree program completion requirements at state
6329	universities.-
6330	(5)  Each state university and Florida College System
6331	institution community college shall implement a process for
6332	notifying students regarding the provisions of this section.
6333	Notice must be provided by a state university or a Florida
6334	College System institution community college upon a student's
6335	initial enrollment in the institution. Such notice must be
6336	provided a second time by a state university when a student has
6337	earned the credit hours required to complete the baccalaureate
6338	degree program in which the student is enrolled. The notice must
6339	include a recommendation that each student who intends to earn
6340	credit hours at the institution in excess of the credit hours
6341	required for the baccalaureate degree program in which the
6342	student is enrolled meet with his or her academic advisor.
6343	(6)  For purposes of this section, the term "state
6344	university" includes the institutions identified in s.
6345	1000.21(6) and the term "Florida College System institution
6346	community college" includes the institutions identified in s.
6347	1000.21(3).
6348	(7)  The provisions of this section become effective for
6349	students who enter a Florida College System institution
6350	community college or a state university for the first time in
6351	the 2009-2010 academic year and thereafter.
6352	Section 126.  Subsection (1) of section 1009.29, Florida
6353	Statutes, is amended to read:
6354	1009.29  Increased fees for funding financial aid program.-
6355	(1)  Student tuition and registration fees at each state
6356	university and Florida College System institution community
6357	college shall include up to $4.68 per quarter, or $7.02 per
6358	semester, per full-time student, or the per-student credit hour
6359	equivalents of such amounts. The fees provided for by this
6360	section shall be adjusted from time to time, as necessary, to
6361	comply with the debt service coverage requirements of the
6362	student loan revenue bonds issued pursuant to s. 1009.79. If the
6363	Division of Bond Finance of the State Board of Administration
6364	and the Commissioner of Education determine that such fees are
6365	no longer required as security for revenue bonds issued pursuant
6366	to ss. 1009.78-1009.88, moneys previously collected pursuant to
6367	this section which are held in escrow, after administrative
6368	expenses have been met and up to $150,000 has been used to
6369	establish a financial aid data processing system for the state
6370	universities incorporating the necessary features to meet the
6371	needs of all 11 universities for application through
6372	disbursement processing, shall be reallocated to the generating
6373	institutions to be used for student financial aid programs,
6374	including, but not limited to, scholarships and grants for
6375	educational purposes. Upon such determination, such fees shall
6376	no longer be assessed and collected.
6377	Section 127.  Paragraph (a) of subsection (1) of section
6378	1009.40, Florida Statutes, is amended to read:
6379	1009.40  General requirements for student eligibility for
6380	state financial aid awards and tuition assistance grants.-
6381	(1)(a)  The general requirements for eligibility of
6382	students for state financial aid awards and tuition assistance
6383	grants consist of the following:
6384	1.  Achievement of the academic requirements of and
6385	acceptance at a state university or Florida College System
6386	institution community college; a nursing diploma school approved
6387	by the Florida Board of Nursing; a Florida college, or
6388	university, or community college which is accredited by an
6389	accrediting agency recognized by the State Board of Education;
6390	any Florida institution the credits of which are acceptable for
6391	transfer to state universities; any career center; or any
6392	private career institution accredited by an accrediting agency
6393	recognized by the State Board of Education.
6394	2.  Residency in this state for no less than 1 year
6395	preceding the award of aid or a tuition assistance grant for a
6396	program established pursuant to s. 1009.50, s. 1009.505, s.
6397	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
6398	1009.57, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.72, s.
6399	1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. Residency in
6400	this state must be for purposes other than to obtain an
6401	education. Resident status for purposes of receiving state
6402	financial aid awards shall be determined in the same manner as
6403	resident status for tuition purposes pursuant to s. 1009.21.
6404	3.  Submission of certification attesting to the accuracy,
6405	completeness, and correctness of information provided to
6406	demonstrate a student's eligibility to receive state financial
6407	aid awards or tuition assistance grants. Falsification of such
6408	information shall result in the denial of any pending
6409	application and revocation of any award or grant currently held
6410	to the extent that no further payments shall be made.
6411	Additionally, students who knowingly make false statements in
6412	order to receive state financial aid awards or tuition
6413	assistance grants commit a misdemeanor of the second degree
6414	subject to the provisions of s. 837.06 and shall be required to
6415	return all state financial aid awards or tuition assistance
6416	grants wrongfully obtained.
6417	Section 128.  Subsection (2) of section 1009.42, Florida
6418	Statutes, is amended to read:
6419	1009.42  Financial aid appeal process.-
6420	(2)  The president of each state university and each
6421	Florida College System institution community college shall
6422	establish a procedure for appeal, by students, of grievances
6423	related to the award or administration of financial aid at the
6424	institution.
6425	Section 129.  Section 1009.44, Florida Statutes, is amended
6426	to read:
6427	1009.44  Need-based financial aid; no preference to
6428	students receiving other aid.-From the funds collected by state
6429	universities and Florida College System institutions community
6430	colleges as a financial aid fee and from other funds
6431	appropriated by the Legislature for financial aid from the
6432	Educational Enhancement Trust Fund, institutions shall expend
6433	those moneys designated as need-based financial aid with no
6434	preference given to students who also qualify for merit-based or
6435	other financial aid awards.
6436	Section 130.  Paragraph (a) of subsection (2) and paragraph
6437	(b) of subsection (4) of section 1009.50, Florida Statutes, are
6438	amended to read:
6439	1009.50  Florida Public Student Assistance Grant Program;
6440	eligibility for grants.-
6441	(2)(a)  State student assistance grants through the program
6442	may be made only to degree-seeking students who enroll in at
6443	least 6 semester hours, or the equivalent per term, and who meet
6444	the general requirements for student eligibility as provided in
6445	s. 1009.40, except as otherwise provided in this section. The
6446	grants shall be awarded annually for the amount of demonstrated
6447	unmet need for the cost of education and may not exceed an
6448	amount equal to the average prior academic year cost of tuition
6449	fees and other registration fees for 30 credit hours at state
6450	universities or such other amount as specified in the General
6451	Appropriations Act, to any recipient. A demonstrated unmet need
6452	of less than $200 shall render the applicant ineligible for a
6453	state student assistance grant. Recipients of the grants must
6454	have been accepted at a state university or Florida College
6455	System institution community college authorized by Florida law.
6456	A student is eligible for the award for 110 percent of the
6457	number of credit hours required to complete the program in which
6458	enrolled, except as otherwise provided in s. 1009.40(3).
6459	(4)
6460	(b)  Payment of Florida public student assistance grants
6461	shall be transmitted to the president of the state university or
6462	Florida College System institution community college, or to his
6463	or her representative, in advance of the registration period.
6464	Institutions shall notify students of the amount of their
6465	awards.
6466	Section 131.  Paragraphs (b) and (c) of subsection (2),
6467	paragraph (a) of subsection (3), and paragraphs (a) and (b) of
6468	subsection (4) of section 1009.505, Florida Statutes, are
6469	amended to read:
6470	1009.505  Florida Public Postsecondary Career Education
6471	Student Assistance Grant Program.-
6472	(2)  For purposes of this section, the term:
6473	(b)  "Half-time" means the equivalent in clock hours at a
6474	public postsecondary career certificate program of 6 semester
6475	credit hours at a Florida College System institution community
6476	college.
6477	(c)  "Public postsecondary career certificate program"
6478	means a postsecondary program that consists of 450 or more clock
6479	hours, is offered by a Florida College System institution
6480	community college authorized by Florida law or by a career
6481	center operated by a district school board under s. 1001.44, and
6482	terminates in a career certificate.
6483	(3)(a)  Student assistance grants through the program may
6484	be made only to certificate-seeking students enrolled at least
6485	half-time in a public postsecondary career certificate program
6486	who meet the general requirements for student eligibility as
6487	provided in s. 1009.40, except as otherwise provided in this
6488	section. The grants shall be awarded annually to any recipient
6489	for the amount of demonstrated unmet need for the cost of
6490	education and may not exceed the average annual cost of tuition
6491	and registration fees or such other amount as specified in the
6492	General Appropriations Act. A demonstrated unmet need of less
6493	than $200 shall render the applicant ineligible for a grant
6494	under this section. Recipients of the grants must have been
6495	accepted at a Florida College System institution community
6496	college authorized by Florida law or a career center operated by
6497	a district school board under s. 1001.44. A student is eligible
6498	for the award for 110 percent of the number of clock hours
6499	required to complete the program in which enrolled.
6500	(4)(a)  The funds appropriated for the Florida Public
6501	Postsecondary Career Education Student Assistance Grant Program
6502	shall be distributed to eligible Florida College System
6503	institutions community colleges and district school boards in
6504	accordance with a formula approved by the department.
6505	(b)  Payment of Florida public postsecondary career
6506	education student assistance grants shall be transmitted to the
6507	president of the Florida College System institution community
6508	college or to the district school superintendent, or to the
6509	designee thereof, in advance of the registration period.
6510	Institutions shall notify students of the amount of their
6511	awards.
6512	Section 132.  Subsection (1) of section 1009.533, Florida
6513	Statutes, is amended to read:
6514	1009.533  Florida Bright Futures Scholarship Program;
6515	eligible postsecondary education institutions.-A student is
6516	eligible for an award or the renewal of an award from the
6517	Florida Bright Futures Scholarship Program if the student meets
6518	the requirements for the program as described in this act and is
6519	enrolled in a postsecondary education institution that meets the
6520	description in any one of the following subsections:
6521	(1)  A Florida public university, Florida College System
6522	institution community college, or career center.
6523	Section 133.  Subsection (2) of section 1009.535, Florida
6524	Statutes, is amended to read:
6525	1009.535  Florida Medallion Scholars award.-
6526	(2)  A Florida Medallion Scholar is eligible for an award
6527	equal to the amount required to pay 75 percent of tuition and
6528	fees if the student is enrolled in a state university or a
6529	baccalaureate degree program authorized pursuant to s. 1007.33.
6530	A Florida Medallion Scholar is eligible for an award equal to
6531	the amount required to pay 100 percent of tuition and fees for
6532	college credit courses leading to an associate degree if the
6533	student is enrolled in a Florida College System institution
6534	community college. A student who is enrolled in a nonpublic
6535	postsecondary education institution is eligible for an award
6536	equal to the amount that would be required to pay 75 percent of
6537	the tuition and fees of a public postsecondary education
6538	institution at the comparable level.
6539	Section 134.  Paragraph (d) of subsection (2) and paragraph
6540	(c) of subsection (3) of section 1009.55, Florida Statutes, are
6541	amended to read:
6542	1009.55  Rosewood Family Scholarship Program.-
6543	(2)  The Rosewood Family Scholarship Program shall be
6544	administered by the Department of Education. The State Board of
6545	Education shall adopt rules for administering this program which
6546	shall at a minimum provide for the following:
6547	(d)  Payment of an award shall be transmitted in advance of
6548	the registration period each semester on behalf of the student
6549	to the president of the university or Florida College System
6550	institution community college, or his or her representative, or
6551	to the director of the career center which the recipient is
6552	attending.
6553	(3)  Beginning with the 1994-1995 academic year, the
6554	department is authorized to make awards for undergraduate study
6555	to students who:
6556	(c)  Enroll as certificate-seeking or degree-seeking
6557	students at a state university, Florida College System
6558	institution community college, or career center authorized by
6559	law.
6560	Section 135.  Paragraph (b) of subsection (2) of section
6561	1009.56, Florida Statutes, is amended to read:
6562	1009.56  Seminole and Miccosukee Indian Scholarships.-
6563	(2)  The department shall award scholarships to students
6564	who:
6565	(b)  Are enrolled at a state university or Florida College
6566	System institution community college authorized by Florida law;
6567	a nursing diploma school approved by the Board of Nursing; any
6568	Florida college, or university, or community college which is
6569	accredited by an accrediting association whose standards are
6570	comparable to the minimum standards required to operate an
6571	institution at that level in Florida, as determined by rules of
6572	the Commission for Independent Education; or any Florida
6573	institution the credits of which are acceptable for transfer to
6574	state universities;
6575	Section 136.  Section 1009.60, Florida Statutes, is amended
6576	to read:
6577	1009.60  Minority teacher education scholars program.-There
6578	is created the minority teacher education scholars program,
6579	which is a collaborative performance-based scholarship program
6580	for African-American, Hispanic-American, Asian-American, and
6581	Native American students. The participants in the program
6582	include Florida's Florida College System institutions community
6583	colleges and its public and private universities that have
6584	teacher education programs.
6585	(1)  The minority teacher education scholars program shall
6586	provide an annual scholarship in an amount that shall be
6587	prorated based on available appropriations and may not exceed
6588	$4,000 for each approved minority teacher education scholar who
6589	is enrolled in one of Florida's public or private universities
6590	in the junior year and is admitted into a teacher education
6591	program.
6592	(2)  To assist each participating education institution in
6593	the recruitment and retention of minority teacher scholars, the
6594	administrators of the Florida Fund for Minority Teachers, Inc.,
6595	shall implement a systemwide training program. The training
6596	program must include an annual conference or series of
6597	conferences for students who are in the program or who are
6598	identified by a high school or a Florida College System
6599	institution community college as likely candidates for the
6600	program. The training program must also include research about
6601	and dissemination concerning successful activities or programs
6602	that recruit minority students for teacher education and retain
6603	them through graduation, certification, and employment. Staff
6604	employed by the corporation may work with each participating
6605	education institution to assure that local faculty and
6606	administrators receive the benefit of all available research and
6607	resources to increase retention of their minority teacher
6608	education scholars.
6609	(3)  The total amount appropriated annually for new
6610	scholarships in the program must be divided by $4,000 and by the
6611	number of participating colleges and universities. Each
6612	participating institution has access to the same number of
6613	scholarships and may award all of them to eligible minority
6614	students. If a college or university does not award all of its
6615	scholarships by the date set by the program administration at
6616	the Florida Fund for Minority Teachers, Inc., the remaining
6617	scholarships must be transferred to another institution that has
6618	eligible students. If the total amount appropriated for new
6619	scholarships is insufficient to award $4,000 to each eligible
6620	student, the amount of the scholarship shall be prorated based
6621	on available appropriations.
6622	(4)  A student may receive a scholarship from the program
6623	for 3 consecutive years if the student remains enrolled full-
6624	time in the program and makes satisfactory progress toward a
6625	baccalaureate degree with a major in education.
6626	(5)  If a minority teacher education scholar graduates and
6627	is employed as a teacher by a Florida district school board, the
6628	scholar is not required to repay the scholarship amount so long
6629	as the scholar teaches in a Florida public school. A scholar may
6630	repay the entire scholarship amount by remaining employed as a
6631	Florida public school teacher for 1 year for each year he or she
6632	received the scholarship.
6633	(6)  If a minority teacher education scholar does not
6634	graduate within 3 years, or if the scholar graduates but does
6635	not teach in a Florida public school, the scholar must repay the
6636	total amount awarded, plus annual interest of 8 percent.
6637	(a)  Interest begins accruing the first day of the 13th
6638	month after the month in which the recipient completes an
6639	approved teacher education program or after the month in which
6640	enrollment as a full-time student is terminated. Interest does
6641	not accrue during any period of deferment or eligible teaching
6642	service.
6643	(b)  The repayment period begins the first day of the 13th
6644	month after the month in which the recipient completes an
6645	approved teacher education program or after the month in which
6646	enrollment as a full-time student is terminated.
6647	(c)  The terms and conditions of the scholarship repayment
6648	must be contained in a promissory note and a repayment schedule.
6649	The loan must be paid within 10 years after the date of
6650	graduation or termination of full-time enrollment, including any
6651	periods of deferment. A shorter repayment period may be granted.
6652	The minimum monthly repayment is $50 or the unpaid balance,
6653	unless otherwise approved, except that the monthly payment may
6654	not be less than the accruing interest. The recipient may prepay
6655	any part of the scholarship without penalty.
6656	(d)  The holder of the promissory note may grant a
6657	deferment of repayment for a recipient who is a full-time
6658	student, who is unable to secure a teaching position that would
6659	qualify as repayment, who becomes disabled, or who experiences
6660	other hardships. Such a deferment may be granted for a total of
6661	24 months.
6662	(e)  If a student defaults on the scholarship, the entire
6663	unpaid balance, including interest accrued, becomes due and
6664	payable at the option of the holder of the promissory note, or
6665	when the recipient is no longer able to pay or no longer intends
6666	to pay. The recipient is responsible for paying all reasonable
6667	attorney's fees and other costs and charges necessary for
6668	administration of the collection process.
6669	Section 137.  Subsection (3) of section 1009.605, Florida
6670	Statutes, is amended to read:
6671	1009.605  Florida Fund for Minority Teachers, Inc.-
6672	(3)  A board of directors shall administer the corporation.
6673	The Governor shall appoint to the board at least 15 but not more
6674	than 25 members, who shall serve terms of 3 years, except that 4
6675	of the initial members shall serve 1-year terms and 4 shall
6676	serve 2-year terms. At least 4 members must be employed by
6677	Florida College System institutions public community colleges
6678	and at least 11 members must be employed by public or private
6679	postsecondary institutions that operate colleges of education.
6680	At least one member must be a financial aid officer employed by
6681	a postsecondary education institution operating in Florida.
6682	Administrative costs for support of the Board of Directors and
6683	the Florida Fund for Minority Teachers may not exceed 5 percent
6684	of funds allocated for the program. The board shall:
6685	(a)  Hold meetings to implement this section.
6686	(b)  Select a chairperson annually.
6687	(c)  Make rules for its own government.
6688	(d)  Appoint an executive director to serve at its
6689	pleasure. The executive director shall be the chief
6690	administrative officer and agent of the board.
6691	(e)  Maintain a record of its proceedings.
6692	(f)  Delegate to the chairperson the responsibility for
6693	signing final orders.
6694	(g)  Carry out the training program as required for the
6695	minority teacher education scholars program. No more than 5
6696	percent of the funds appropriated for the minority teacher
6697	education scholars program may be expended for administration,
6698	including administration of the required training program.
6699	Section 138.  Subsection (3) of section 1009.65, Florida
6700	Statutes, is amended to read:
6701	1009.65  Medical Education Reimbursement and Loan Repayment
6702	Program.-
6703	(3)  The Department of Health may adopt any rules necessary
6704	for the administration of the Medical Education Reimbursement
6705	and Loan Repayment Program. The department may also solicit
6706	technical advice regarding conduct of the program from the
6707	Department of Education and Florida universities and Florida
6708	College System institutions community colleges. The Department
6709	of Health shall submit a budget request for an amount sufficient
6710	to fund medical education reimbursement, loan repayments, and
6711	program administration.
6712	Section 139.  Paragraphs (a) and (b) of subsection (4) of
6713	section 1009.67, Florida Statutes, are amended to read:
6714	1009.67  Nursing scholarship program.-
6715	(4)  Credit for repayment of a scholarship shall be as
6716	follows:
6717	(a)  For each full year of scholarship assistance, the
6718	recipient agrees to work for 12 months in a faculty position in
6719	a college of nursing or Florida College System institution
6720	community college nursing program in this state or at a health
6721	care facility in a medically underserved area as approved by the
6722	Department of Health. Scholarship recipients who attend school
6723	on a part-time basis shall have their employment service
6724	obligation prorated in proportion to the amount of scholarship
6725	payments received.
6726	(b)  Eligible health care facilities include nursing homes
6727	and hospitals in this state, state-operated medical or health
6728	care facilities, public schools, county health departments,
6729	federally sponsored community health centers, colleges of
6730	nursing in universities in this state, and Florida College
6731	System institution community college nursing programs in this
6732	state, family practice teaching hospitals as defined in s.
6733	395.805, or specialty children's hospitals as described in s.
6734	409.9119. The recipient shall be encouraged to complete the
6735	service obligation at a single employment site. If continuous
6736	employment at the same site is not feasible, the recipient may
6737	apply to the department for a transfer to another approved
6738	health care facility.
6739	Section 140.  Paragraph (a) of subsection (4) of section
6740	1009.70, Florida Statutes, is amended to read:
6741	1009.70  Florida Education Fund.-
6742	(4)  The Florida Education Fund shall be administered by a
6743	board of directors, which is hereby established.
6744	(a)  The board of directors shall consist of 12 members, to
6745	be appointed as follows:
6746	1.  Two laypersons appointed by the Governor;
6747	2.  Two laypersons appointed by the President of the
6748	Senate;
6749	3.  Two laypersons appointed by the Speaker of the House of
6750	Representatives; and
6751	4.  Two representatives of state universities, two
6752	representatives of Florida College System institutions public
6753	community colleges, and two representatives of independent
6754	colleges or universities appointed by the State Board of
6755	Education.
6756
6757	The board of directors may appoint to the board an additional
6758	five members from the private sector for the purpose of
6759	assisting in the procurement of private contributions. Such
6760	members shall serve as voting members of the board.
6761	Section 141.  Paragraph (a) of subsection (5) of section
6762	1009.72, Florida Statutes, is amended to read:
6763	1009.72  Jose Marti Scholarship Challenge Grant Program.-
6764	(5)(a)  In order to be eligible to receive a scholarship
6765	pursuant to this section, an applicant shall:
6766	1.  Be a Hispanic-American, or a person of Spanish culture
6767	with origins in Mexico, South America, Central America, or the
6768	Caribbean, regardless of race.
6769	2.  Be a citizen of the United States and meet the general
6770	requirements for student eligibility as provided in s. 1009.40,
6771	except as otherwise provided in this section.
6772	3.  Be accepted at a state university, or Florida College
6773	System institution, community college or any Florida college or
6774	university that is accredited by an association whose standards
6775	are comparable to the minimum standards required to operate a
6776	postsecondary education institution at that level in Florida.
6777	4.  Enroll as a full-time undergraduate or graduate
6778	student.
6779	5.  Earn a 3.0 unweighted grade point average on a 4.0
6780	scale, or the equivalent for high school subjects creditable
6781	toward a diploma. If an applicant applies as a graduate student,
6782	he or she shall have earned a 3.0 cumulative grade point average
6783	for undergraduate college-level courses.
6784	Section 142.  Paragraph (a) of subsection (1) and paragraph
6785	(a) of subsection (8) of section 1009.77, Florida Statutes, are
6786	amended to read:
6787	1009.77  Florida Work Experience Program.-
6788	(1)  There is established the Florida Work Experience
6789	Program to be administered by the Department of Education. The
6790	purpose of the program is to introduce eligible students to work
6791	experience that will complement and reinforce their educational
6792	program and career goals and provide a self-help student aid
6793	program that reduces student loan indebtedness. Additionally,
6794	the program's opportunities for employment at a student's school
6795	will serve as a retention tool because students employed on
6796	campus are more likely to complete their postsecondary
6797	education. The program shall be available to:
6798	(a)  Any student attending a state university or Florida
6799	College System institution community college authorized by
6800	Florida law;
6801	(8)  A student is eligible to participate in the Florida
6802	Work Experience Program if the student:
6803	(a)  Is enrolled:
6804	1.  At an eligible college or university as no less than a
6805	half-time undergraduate student in good standing;
6806	2.  In an eligible postsecondary career certificate program
6807	as no less than a half-time student in good standing. Eligible
6808	programs must be approved by the Department of Education and
6809	must consist of no less than 450 clock hours of instruction.
6810	Such programs must be offered by a career center operated by a
6811	district school board under s. 1001.44 or by a Florida College
6812	System institution community college; or
6813	3.  At an educator preparation institute established under
6814	s. 1004.85 as no less than a half-time student in good standing.
6815
6816	However, a student may be employed during the break between two
6817	consecutive terms or employed, although not enrolled, during a
6818	term if the student was enrolled at least half time during the
6819	preceding term and preregisters as no less than a half-time
6820	student for the subsequent academic term. A student who attends
6821	an institution that does not provide preregistration shall
6822	provide documentation of intent to enroll as no less than a
6823	half-time student for the subsequent academic term.
6824	Section 143.  Subsection (3) of section 1009.89, Florida
6825	Statutes, is amended to read:
6826	1009.89  The William L. Boyd, IV, Florida resident access
6827	grants.-
6828	(3)  The department shall issue through the program a
6829	William L. Boyd, IV, Florida resident access grant to any full-
6830	time degree-seeking undergraduate student registered at an
6831	independent nonprofit college or university which is located in
6832	and chartered by the state; which is accredited by the
6833	Commission on Colleges of the Southern Association of Colleges
6834	and Schools; which grants baccalaureate degrees; which is not a
6835	state university or Florida College System institution state
6836	community college; and which has a secular purpose, so long as
6837	the receipt of state aid by students at the institution would
6838	not have the primary effect of advancing or impeding religion or
6839	result in an excessive entanglement between the state and any
6840	religious sect. Any independent college or university that was
6841	eligible to receive tuition vouchers on January 1, 1989, and
6842	which continues to meet the criteria under which its eligibility
6843	was established, shall remain eligible to receive William L.
6844	Boyd, IV, Florida resident access grant payments.
6845	Section 144.  Subsection (3) of section 1009.891, Florida
6846	Statutes, is amended to read:
6847	1009.891  The Access to Better Learning and Education Grant
6848	Program.-
6849	(3)  The department shall issue an access grant to any
6850	full-time student seeking a baccalaureate degree who is
6851	registered at a for-profit college or university that is located
6852	in and chartered by the state and that is accredited by the
6853	Commission on Colleges of the Southern Association of Colleges
6854	and Schools or who is registered at a nonprofit college or
6855	university that is chartered out of the state, that has been
6856	located in the state for 10 years or more, and that is
6857	accredited by the Commission on Colleges of the Southern
6858	Association of Colleges and Schools, the Middle States
6859	Association of Colleges and Schools, the North Central
6860	Association of Colleges and Schools, or the New England
6861	Association of Colleges and Schools; that grants baccalaureate
6862	degrees; that is not a state university or Florida College
6863	System institution state community college; and that has a
6864	secular purpose, if the receipt of state aid by students at the
6865	institution would not have the primary effect of advancing or
6866	impeding religion or result in an excessive entanglement between
6867	the state and any religious sect. Institutions eligible for the
6868	Access to Better Learning and Education Grant Program in the
6869	initial year of funding shall include only those for-profit
6870	colleges or universities identified in this subsection.
6871	Nonprofit colleges or universities identified in this subsection
6872	shall be eligible for financial support in the second year of
6873	funding.
6874	Section 145.  Paragraph (h) of subsection (3) of section
6875	1009.97, Florida Statutes, is amended to read:
6876	1009.97  General provisions.-
6877	(3)  DEFINITIONS.-As used in ss. 1009.97-1009.984, the
6878	term:
6879	(h)  "State postsecondary institution" means any Florida
6880	College System institution public community college or state
6881	university.
6882	Section 146.  Paragraph (e) of subsection (4) of section
6883	1009.971, Florida Statutes, is amended to read:
6884	1009.971  Florida Prepaid College Board.-
6885	(4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.-The
6886	board shall have the powers and duties necessary or proper to
6887	carry out the provisions of ss. 1009.97-1009.984, including, but
6888	not limited to, the power and duty to:
6889	(e)  Establish agreements or other transactions with
6890	federal, state, and local agencies, including state universities
6891	and Florida College System institutions community colleges.
6892	Section 147.  Subsection (2), paragraph (e) of subsection
6893	(5), and subsection (6) of section 1009.98, Florida Statutes,
6894	are amended to read:
6895	1009.98  Stanley G. Tate Florida Prepaid College Program.-
6896	(2)  PREPAID COLLEGE PLANS.-At a minimum, the board shall
6897	make advance payment contracts available for two independent
6898	plans to be known as the Florida College System institution
6899	community college plan and the university plan. The board may
6900	also make advance payment contracts available for a dormitory
6901	residence plan. The board may restrict the number of
6902	participants in the Florida College System institution community
6903	college plan, university plan, and dormitory residence plan,
6904	respectively. However, any person denied participation solely on
6905	the basis of such restriction shall be granted priority for
6906	participation during the succeeding year.
6907	(a)1.  Through the Florida College System institution
6908	community college plan, the advance payment contract may provide
6909	prepaid registration fees for a specified number of
6910	undergraduate semester credit hours not to exceed the average
6911	number of hours required for the conference of an associate
6912	degree. Qualified beneficiaries shall bear the cost of any
6913	laboratory fees associated with enrollment in specific courses.
6914	Each qualified beneficiary shall be classified as a resident for
6915	tuition purposes, pursuant to s. 1009.21, regardless of his or
6916	her actual legal residence.
6917	2.  Effective July 1, 1998, the board may provide advance
6918	payment contracts for additional fees delineated in s. 1009.23,
6919	not to exceed the average number of hours required for the
6920	conference of an associate degree, in conjunction with advance
6921	payment contracts for registration fees. Florida College System
6922	institution Community college plan contracts purchased prior to
6923	July 1, 1998, shall be limited to the payment of registration
6924	fees as defined in s. 1009.97.
6925	3.  Effective July 1, 2009, the board may offer an advance
6926	payment contract for the Florida College System institution
6927	community college plan covering prepaid registration fees and
6928	the fees authorized in s. 1009.23. Such a contract may be
6929	offered in specific increments for use toward an associate
6930	degree. The total number of hours purchased for a qualified
6931	beneficiary may not exceed the average number of hours required
6932	for the conference of an associate degree.
6933	(b)1.  Through the university plan, the advance payment
6934	contract may provide prepaid registration fees for a specified
6935	number of undergraduate semester credit hours not to exceed the
6936	average number of hours required for the conference of a
6937	baccalaureate degree. Qualified beneficiaries shall bear the
6938	cost of any laboratory fees associated with enrollment in
6939	specific courses. Each qualified beneficiary shall be classified
6940	as a resident for tuition purposes pursuant to s. 1009.21,
6941	regardless of his or her actual legal residence.
6942	2.  Effective July 1, 1998, the board may provide advance
6943	payment contracts for additional fees delineated in s.
6944	1009.24(9)-(12), for a specified number of undergraduate
6945	semester credit hours not to exceed the average number of hours
6946	required for the conference of a baccalaureate degree, in
6947	conjunction with advance payment contracts for registration
6948	fees. Such contracts shall provide prepaid coverage for the sum
6949	of such fees, to a maximum of 45 percent of the cost of
6950	registration fees. University plan contracts purchased prior to
6951	July 1, 1998, shall be limited to the payment of registration
6952	fees as defined in s. 1009.97.
6953	3.  Effective July 1, 2007, the board may provide advance
6954	payment contracts for the tuition differential authorized in s.
6955	1009.24(16) for a specified number of undergraduate semester
6956	credit hours, which may not exceed the average number of hours
6957	required for the conference of a baccalaureate degree, in
6958	conjunction with advance payment contracts for registration
6959	fees.
6960	4.  Effective July 1, 2009, the board may offer an advance
6961	payment contract for the university plan covering prepaid
6962	registration fees, the fees authorized in s. 1009.24(9)-(12),
6963	and the tuition differential authorized in s. 1009.24(16). Such
6964	a contract may be offered in specific increments for use toward
6965	a baccalaureate degree. The total number of hours purchased for
6966	a qualified beneficiary may not exceed the average number of
6967	hours required for the conference of a baccalaureate degree.
6968	(c)  The cost of participation in contracts authorized
6969	under paragraph (a) or paragraph (b) shall be based primarily on
6970	the current and projected fees included in the plan within the
6971	Florida College System or the State University System,
6972	respectively, the number of credit hours or semesters included
6973	in the plan, and the number of years expected to elapse between
6974	the purchase of the plan on behalf of a qualified beneficiary
6975	and the exercise of the benefits provided in the plan by such
6976	beneficiary.
6977	(d)  Through the dormitory residence plan, the advance
6978	payment contract may provide prepaid housing fees for a maximum
6979	of 10 semesters of full-time undergraduate enrollment in a state
6980	university. Dormitory residence plans shall be purchased in
6981	increments of 2 semesters. The cost of participation in the
6982	dormitory residence plan shall be based primarily on the average
6983	current and projected housing fees within the State University
6984	System and the number of years expected to elapse between the
6985	purchase of the plan on behalf of a qualified beneficiary and
6986	the exercise of the benefits provided in the plan by such
6987	beneficiary. Qualified beneficiaries shall have the highest
6988	priority in the assignment of housing within university
6989	residence halls. Qualified beneficiaries shall bear the cost of
6990	any additional elective charges such as laundry service or long-
6991	distance telephone service. Each state university may specify
6992	the residence halls or other university-held residences eligible
6993	for inclusion in the plan. In addition, any state university may
6994	request immediate termination of a dormitory residence contract
6995	based on a violation or multiple violations of rules of the
6996	residence hall or other university-held residences. In the event
6997	that sufficient housing is not available for all qualified
6998	beneficiaries, the board shall refund the purchaser or qualified
6999	beneficiary an amount equal to the fees charged for dormitory
7000	residence during that semester. If a qualified beneficiary fails
7001	to be admitted to a state university or chooses to attend a
7002	Florida College System institution community college that
7003	operates one or more dormitories or residency opportunities, or
7004	has one or more dormitories or residency opportunities operated
7005	by the Florida College System institution community college
7006	direct-support organization, the qualified beneficiary may
7007	transfer or cause to have transferred to the Florida College
7008	System institution community college, or Florida College System
7009	institution community college direct-support organization, the
7010	fees associated with dormitory residence. Dormitory fees
7011	transferred to the Florida College System institution community
7012	college or Florida College System institution community college
7013	direct-support organization may not exceed the maximum fees
7014	charged for state university dormitory residence for the
7015	purposes of this section, or the fees charged for Florida
7016	College System institution community college or Florida College
7017	System institution community college direct-support organization
7018	dormitories or residency opportunities, whichever is less.
7019	(5)  REFUNDS.-
7020	(e)  A refund may not be authorized through an advance
7021	payment contract for any school year partially attended but not
7022	completed. For purposes of this section, a school year partially
7023	attended but not completed shall mean any one semester whereby
7024	the student is still enrolled at the conclusion of the official
7025	drop-add period but withdraws before the end of such semester.
7026	If a beneficiary does not complete a Florida College System
7027	institution community college plan or university plan for
7028	reasons other than specified in paragraph (c), the purchaser
7029	shall receive a refund of the amount paid into the fund for the
7030	remaining unattended years of the advance payment contract
7031	pursuant to rules promulgated by the board.
7032	(6)  CONFIDENTIALITY OF ACCOUNT INFORMATION.-Information
7033	that identifies the purchasers or beneficiaries of any plan
7034	promulgated under this section and their advance payment account
7035	activities is exempt from the provisions of s. 119.07(1).
7036	However, the board may authorize the program's records
7037	administrator to release such information to a Florida College
7038	System institution community college, college, or university in
7039	which a beneficiary may enroll or is enrolled. Florida College
7040	System institutions Community colleges, colleges, and
7041	universities shall maintain such information as exempt from the
7042	provisions of s. 119.07(1).
7043	Section 148.  Subsection (6) of section 1009.981, Florida
7044	Statutes, is amended to read:
7045	1009.981  Florida College Savings Program.-
7046	(6)  CONFIDENTIALITY OF ACCOUNT INFORMATION.-Information
7047	that identifies the benefactors or the designated beneficiary of
7048	any account initiated under this section is confidential and
7049	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
7050	Constitution. However, the board may authorize the release of
7051	such information to a Florida College System institution
7052	community college, college, or university in which a designated
7053	beneficiary may enroll or is enrolled. Florida College System
7054	institutions Community colleges, colleges, and universities
7055	shall maintain the confidentiality of such information.
7056	Section 149.  Paragraph (a) of subsection (1) and
7057	subsection (4) of section 1010.01, Florida Statutes, are amended
7058	to read:
7059	1010.01  Uniform records and accounts.-
7060	(1)(a)  The financial records and accounts of each school
7061	district, Florida College System institution community college,
7062	and other institution or agency under the supervision of the
7063	State Board of Education shall be prepared and maintained as
7064	prescribed by law and rules of the State Board of Education.
7065	(4)  Required financial accounts and reports shall include
7066	provisions that are unique to each of the following: K-12 school
7067	districts, Florida College System institutions community
7068	colleges, and state universities, and shall provide for the data
7069	to be reported to the National Center of Educational Statistics
7070	and other governmental and professional educational data
7071	information services as appropriate.
7072	Section 150.  Subsection (1) of section 1010.02, Florida
7073	Statutes, is amended to read:
7074	1010.02  Financial accounting and expenditures.-
7075	(1)  All funds accruing to a school district or a Florida
7076	College System institution community college must be received,
7077	accounted for, and expended in accordance with law and rules of
7078	the State Board of Education.
7079	Section 151.  Section 1010.03, Florida Statutes, is amended
7080	to read:
7081	1010.03  Delinquent accounts.-District school boards,
7082	Florida College System institution community college boards of
7083	trustees, and university boards of trustees:
7084	(1)  Shall exert every effort to collect all delinquent
7085	accounts.
7086	(2)  May charge off or settle such accounts as may prove
7087	uncollectible.
7088	(3)  May employ the services of a collection agency when
7089	deemed advisable in collecting delinquent accounts.
7090	(4)  May adopt rules, as necessary, to implement the
7091	provisions of this section, including setoff procedures, payroll
7092	deductions, and restrictions on release of transcripts, awarding
7093	of diplomas, and access to other resources and services of the
7094	school district, Florida College System institution community
7095	college, or university.
7096	Section 152.  Paragraph (a) of subsection (1), subsections
7097	(2) and (3), and paragraph (a) of subsection (4) of section
7098	1010.04, Florida Statutes, are amended to read:
7099	1010.04  Purchasing.-
7100	(1)(a)  Purchases and leases by school districts and
7101	Florida College System institutions community colleges shall
7102	comply with the requirements of law and rules of the State Board
7103	of Education.
7104	(2)  Each district school board, Florida College System
7105	institution community college board of trustees, and each
7106	university board of trustees shall adopt rules to be followed in
7107	making purchases.
7108	(3)  In districts in which the county purchasing agent is
7109	authorized by law to make purchases for the benefit of other
7110	governmental agencies within the county, the district school
7111	board and Florida College System institution community college
7112	board of trustees shall have the option to purchase from the
7113	current county contracts at the unit price stated therein if
7114	such purchase is to the economic advantage of the district
7115	school board or the Florida College System institution community
7116	college board of trustees; subject to confirmation of the items
7117	of purchase to the standards and specifications prescribed by
7118	the school district or Florida College System institution
7119	community college.
7120	(4)(a)  The State Board of Education may, by rule, provide
7121	for alternative procedures for school districts and Florida
7122	College System institutions community colleges for bidding or
7123	purchasing in cases in which the character of the item requested
7124	renders competitive bidding impractical.
7125	Section 153.  Section 1010.06, Florida Statutes, is amended
7126	to read:
7127	1010.06  Indirect cost limitation.-State funds appropriated
7128	by the Legislature to the Division of Public Schools within the
7129	Department of Education may not be used to pay indirect costs to
7130	a university, Florida College System institution community
7131	college, school district, or any other entity.
7132	Section 154.  Subsection (1) and paragraph (a) of
7133	subsection (2) of section 1010.07, Florida Statutes, are amended
7134	to read:
7135	1010.07  Bonds or insurance required.-
7136	(1)  Each district school board, Florida College System
7137	institution community college board of trustees, and university
7138	board of trustees shall ensure that each official and employee
7139	responsible for handling, expending, or authorizing the
7140	expenditure of funds shall be appropriately bonded or insured to
7141	protect the board and the funds involved.
7142	(2)(a)  Contractors paid from school district or Florida
7143	College System institution community college funds shall give
7144	bond for the faithful performance of their contracts in such
7145	amount and for such purposes as prescribed by s. 255.05 or by
7146	rules of the State Board of Education relating to the type of
7147	contract involved. It shall be the duty of the district school
7148	board or Florida College System institution community college
7149	board of trustees to require from construction contractors a
7150	bond adequate to protect the board and the board's funds
7151	involved.
7152	Section 155.  Section 1010.08, Florida Statutes, is amended
7153	to read:
7154	1010.08  Promotion and public relations; funding.-Each
7155	district school board and Florida College System institution
7156	community college board of trustees may budget and use a portion
7157	of the funds accruing to it from auxiliary enterprises and
7158	undesignated gifts for promotion and public relations as
7159	prescribed by rules of the State Board of Education. Such funds
7160	may be used to provide hospitality to business guests in the
7161	district or elsewhere. However, such hospitality expenses may
7162	not exceed the amount authorized for such contingency funds as
7163	prescribed by rules of the State Board of Education.
7164	Section 156.  Subsection (1) of section 1010.09, Florida
7165	Statutes, is amended to read:
7166	1010.09  Direct-support organizations.-
7167	(1)  School district and Florida College System institution
7168	community college direct-support organizations shall be
7169	organized and conducted under the provisions of ss. 1001.453 and
7170	1004.70 and rules of the State Board of Education, as
7171	applicable.
7172	Section 157.  Section 1010.11, Florida Statutes, is amended
7173	to read:
7174	1010.11  Electronic transfer of funds.-Pursuant to the
7175	provisions of s. 215.85, each district school board, Florida
7176	College System institution community college board of trustees,
7177	and university board of trustees shall adopt written policies
7178	prescribing the accounting and control procedures under which
7179	any funds under their control are allowed to be moved by
7180	electronic transaction for any purpose including direct deposit,
7181	wire transfer, withdrawal, investment, or payment. Electronic
7182	transactions shall comply with the provisions of chapter 668.
7183	Section 158.  Section 1010.22, Florida Statutes, is amended
7184	to read:
7185	1010.22  Cost accounting and reporting for workforce
7186	education.-
7187	(1)  Each school district and each Florida College System
7188	institution community college shall account for expenditures of
7189	all state, local, federal, and other funds in the manner
7190	prescribed by the State Board of Education.
7191	(2)  Each school district and each Florida College System
7192	institution community college shall report expenditures for
7193	workforce education in accordance with requirements prescribed
7194	by the State Board of Education.
7195	(3)  The Department of Education, in cooperation with
7196	school districts and Florida College System institutions
7197	community colleges, shall develop and maintain a database of
7198	valid comparable information on workforce education which will
7199	meet both state and local needs.
7200	Section 159.  Section 1010.23, Florida Statutes, is amended
7201	to read:
7202	1010.23  Cost accounting and reporting for Florida College
7203	System institutions community colleges.-Florida College System
7204	institutions Community colleges shall provide an annual report
7205	on the cost of operations as provided in s. 1011.84.
7206	Section 160.  Section 1010.30, Florida Statutes, is amended
7207	to read:
7208	1010.30  Audits required.-School districts, Florida College
7209	System institutions community colleges, and other institutions
7210	and agencies under the supervision of the State Board of
7211	Education and state universities under the supervision of the
7212	Board of Governors are subject to the audit provisions under ss.
7213	11.45 and 218.39.
7214	Section 161.  Section 1010.33, Florida Statutes, is amended
7215	to read:
7216	1010.33  Financial and performance audits.-Each district
7217	school board and Florida College System institution community
7218	college board of trustees, and university board of trustees is
7219	authorized to have an audit of their accounts and records by an
7220	independent certified public accountant retained by them and
7221	paid from their public funds. These audits are in addition to
7222	those required by ss. 11.45 and 218.39.
7223	Section 162.  Section 1010.34, Florida Statutes, is amended
7224	to read:
7225	1010.34  Audits of direct-support organizations.-Audits of
7226	school district, Florida College System institution community
7227	college, and state university direct-support organizations are
7228	subject to the audit provisions of ss. 1001.453(4), 1004.28(5),
7229	and 1004.70(6), as applicable.
7230	Section 163.  Section 1010.58, Florida Statutes, is amended
7231	to read:
7232	1010.58  Procedure for determining number of instruction
7233	units for Florida College System institutions community
7234	colleges.-The number of instruction units for Florida College
7235	System institutions community colleges shall be determined from
7236	the full-time equivalent students in the Florida College System
7237	institution community college, provided that full-time
7238	equivalent students may not be counted more than once in
7239	determining instruction units. Instruction units for Florida
7240	College System institutions community colleges shall be computed
7241	as follows:
7242	(1)  One unit for each 12 full-time equivalent students at
7243	a Florida College System institution community college for the
7244	first 420 students and one unit for each 15 full-time equivalent
7245	students for all over 420 students, in other than career
7246	education programs as defined by rules of the State Board of
7247	Education, and one unit for each 10 full-time equivalent
7248	students in career education programs and compensatory education
7249	programs as defined by rules of the State Board of Education.
7250	Full-time equivalent students enrolled in a Florida College
7251	System institution community college shall be defined by rules
7252	of the State Board of Education.
7253	(2)  For each 8 instruction units in a Florida College
7254	System institution community college, 1 instruction unit or
7255	proportionate fraction of a unit shall be allowed for
7256	administrative and special instructional services, and for each
7257	20 instruction units, 1 instruction unit or proportionate
7258	fraction of a unit shall be allowed for student personnel
7259	services.
7260	Section 164.  Subsection (1), paragraph (a) of subsection
7261	(2), and paragraph (a) of subsection (3) of section 1011.01,
7262	Florida Statutes, are amended to read:
7263	1011.01  Budget system established.-
7264	(1)  The State Board of Education shall prepare and submit
7265	a coordinated K-20 education annual legislative budget request
7266	to the Governor and the Legislature on or before the date
7267	provided by the Governor and the Legislature. The board's
7268	legislative budget request must clearly define the needs of
7269	school districts, Florida College System institutions community
7270	colleges, universities, other institutions, organizations,
7271	programs, and activities under the supervision of the board and
7272	that are assigned by law or the General Appropriations Act to
7273	the Department of Education.
7274	(2)(a)  There shall be established in each school district
7275	and Florida College System institution community college a
7276	budget system as prescribed by law and rules of the State Board
7277	of Education.
7278	(3)(a)  Each district school board and each Florida College
7279	System institution community college board of trustees shall
7280	prepare, adopt, and submit to the Commissioner of Education for
7281	review an annual operating budget. Operating budgets shall be
7282	prepared and submitted in accordance with the provisions of law,
7283	rules of the State Board of Education, the General
7284	Appropriations Act, and for district school boards in accordance
7285	with the provisions of ss. 200.065 and 1011.64.
7286	Section 165.  Section 1011.011, Florida Statutes, is
7287	amended to read:
7288	1011.011  Legislative capital outlay budget request.-The
7289	State Board of Education shall submit an integrated,
7290	comprehensive budget request for educational facilities
7291	construction and fixed capital outlay needs for school
7292	districts, Florida College System institutions community
7293	colleges, and, in conjunction with the Board of Governors,
7294	universities pursuant to this section and s. 1013.46 and
7295	applicable provisions of chapter 216.
7296	Section 166.  Subsection (1) of section 1011.012, Florida
7297	Statutes, is amended to read:
7298	1011.012  Annual capital outlay budget.-
7299	(1)  Each district school board, Florida College System
7300	institution community college board of trustees, and university
7301	board of trustees shall, each year, adopt a capital outlay
7302	budget for the ensuing year in order that the capital outlay
7303	needs of the board for the entire year may be well understood by
7304	the public. This capital outlay budget shall be a part of the
7305	annual budget and shall be based upon and in harmony with the
7306	educational plant and ancillary facilities plan. This budget
7307	shall designate the proposed capital outlay expenditures by
7308	project for the year from all fund sources. The board may not
7309	expend any funds on any project not included in the budget, as
7310	amended.
7311	Section 167.  Section 1011.30, Florida Statutes, is amended
7312	to read:
7313	1011.30  Budgets for Florida College System institutions
7314	community colleges.-Each Florida College System institution
7315	community college president shall recommend to the Florida
7316	College System institution community college board of trustees a
7317	budget of income and expenditures at such time and in such form
7318	as the State Board of Education may prescribe. Upon approval of
7319	a budget by the Florida College System institution community
7320	college board of trustees, such budget shall be transmitted to
7321	the Department of Education for review and approval. Rules of
7322	the State Board of Education shall prescribe procedures for
7323	effecting budget amendments subsequent to the final approval of
7324	a budget for a given year.
7325	Section 168.  Section 1011.31, Florida Statutes, is amended
7326	to read:
7327	1011.31  Current loans to Florida College System
7328	institution community college boards of trustees.-
7329	(1)  At any time the current funds on hand are insufficient
7330	to pay obligations created by a Florida College System
7331	institution community college board of trustees in accordance
7332	with the approved budget of the Florida College System
7333	institution community college, the Florida College System
7334	institution community college board of trustees may request
7335	approval by the Commissioner of Education of a proposal to
7336	negotiate a current loan, with provisions for the repayment of
7337	such loan during the fiscal year in which the loan is made, in
7338	order to meet these obligations.
7339	(2)  The Commissioner of Education shall approve such
7340	proposal when, in his or her opinion, the proposal is reasonable
7341	and just, the expenditure is necessary, and revenues sufficient
7342	to meet the requirements of the loan can reasonably be
7343	anticipated.
7344	Section 169.  Section 1011.32, Florida Statutes, is amended
7345	to read:
7346	1011.32   Florida College System Institution Community
7347	College Facility Enhancement Challenge Grant Program.-
7348	(1)  The Legislature recognizes that the Florida College
7349	System institutions community colleges do not have sufficient
7350	physical facilities to meet the current demands of their
7351	instructional and community programs. It further recognizes
7352	that, to strengthen and enhance Florida College System
7353	institutions community colleges, it is necessary to provide
7354	facilities in addition to those currently available from
7355	existing revenue sources. It further recognizes that there are
7356	sources of private support that, if matched with state support,
7357	can assist in constructing much needed facilities and strengthen
7358	the commitment of citizens and organizations in promoting
7359	excellence at each Florida College System institution community
7360	college. Therefore, it is the intent of the Legislature to
7361	establish a program to provide the opportunity for each Florida
7362	College System institution community college through its direct-
7363	support organization to receive and match challenge grants for
7364	instructional and community-related capital facilities within
7365	the Florida College System institution community college.
7366	(2)  There is established the Florida College System
7367	Institution Community College Facility Enhancement Challenge
7368	Grant Program for the purpose of assisting the Florida College
7369	System institutions community colleges in building high priority
7370	instructional and community-related capital facilities
7371	consistent with s. 1004.65, including common areas connecting
7372	such facilities. The direct-support organizations that serve the
7373	Florida College System institutions community colleges shall
7374	solicit gifts from private sources to provide matching funds for
7375	capital facilities. For the purposes of this section, private
7376	sources of funds shall not include any federal or state
7377	government funds that a Florida College System institution
7378	community college may receive.
7379	(3)  The Florida College System Institution Community
7380	College Capital Facilities Matching Program shall provide funds
7381	to match private contributions for the development of high
7382	priority instructional and community-related capital facilities,
7383	including common areas connecting such facilities, within the
7384	Florida College System institutions community colleges.
7385	(4)  Within the direct-support organization of each Florida
7386	College System institution community college there must be
7387	established a separate capital facilities matching account for
7388	the purpose of providing matching funds from the direct-support
7389	organization's unrestricted donations or other private
7390	contributions for the development of high priority instructional
7391	and community-related capital facilities, including common areas
7392	connecting such facilities. The Legislature shall appropriate
7393	funds for distribution to a Florida College System institution
7394	community college after matching funds are certified by the
7395	direct-support organization and Florida College System
7396	institution community college. The Public Education Capital
7397	Outlay and Debt Service Trust Fund shall not be used as the
7398	source of the state match for private contributions.
7399	(5)  A project may not be initiated unless all private
7400	funds for planning, construction, and equipping the facility
7401	have been received and deposited in the direct-support
7402	organization's matching account for this purpose. However, this
7403	requirement does not preclude the Florida College System
7404	institution community college or direct-support organization
7405	from expending available funds from private sources to develop a
7406	prospectus, including preliminary architectural schematics or
7407	models, for use in its efforts to raise private funds for a
7408	facility and for site preparation, planning, and construction.
7409	The Legislature may appropriate the state's matching funds in
7410	one or more fiscal years for the planning, construction, and
7411	equipping of an eligible facility. Each Florida College System
7412	institution community college shall notify all donors of private
7413	funds of a substantial delay in the availability of state
7414	matching funds for this program.
7415	(6)  To be eligible to participate in the Florida College
7416	System Institution Community College Facility Enhancement
7417	Challenge Grant Program, a Florida College System institution
7418	community college, through its direct-support organization,
7419	shall raise a contribution equal to one-half of the total cost
7420	of a facilities construction project from private sources which
7421	shall be matched by a state appropriation equal to the amount
7422	raised for a facilities construction project, subject to the
7423	General Appropriations Act.
7424	(7)  If the state's share of the required match is
7425	insufficient to meet the requirements of subsection (6), the
7426	Florida College System institution community college shall
7427	renegotiate the terms of the contribution with the donors. If
7428	the project is terminated, each private donation, plus accrued
7429	interest, reverts to the direct-support organization for
7430	remittance to the donor.
7431	(8)  By October 15 of each year, the State Board of
7432	Education shall transmit to the Governor and the Legislature a
7433	list of projects that meet all eligibility requirements to
7434	participate in the Florida College System Institution Community
7435	College Facility Enhancement Challenge Grant Program and a
7436	budget request that includes the recommended schedule necessary
7437	to complete each project.
7438	(9)  In order for a project to be eligible under this
7439	program, it must be survey recommended under the provisions of
7440	s. 1013.31 and included in the Florida College System
7441	institution's community college's 5-year capital improvement
7442	plan, and it must receive approval from the State Board of
7443	Education or the Legislature.
7444	(10)  A Florida College System institution community
7445	college project may not be removed from the approved 3-year PECO
7446	priority list because of its successful participation in this
7447	program until approved by the Legislature and provided for in
7448	the General Appropriations Act. When such a project is completed
7449	and removed from the list, all other projects shall move up on
7450	the 3-year PECO priority list.
7451	(11)  Any private matching funds for a project which are
7452	unexpended after the project is completed shall revert to the
7453	Florida College System institution's community college's direct-
7454	support organization capital facilities matching account. The
7455	balance of any unexpended state matching funds shall be returned
7456	to the fund from which those funds were appropriated.
7457	(12)  The surveys, architectural plans, facility, and
7458	equipment shall be the property of the participating Florida
7459	College System institution community college. A facility
7460	constructed under this section may be named in honor of a donor
7461	at the option of the Florida College System institution
7462	community college district board of trustees. A facility may not
7463	be named after a living person without prior approval by the
7464	State Board of Education.
7465	Section 170.  Paragraph (d) of subsection (3) of section
7466	1011.51, Florida Statutes, is amended to read:
7467	1011.51  Independent postsecondary endowment grants.-
7468	(3)  The matching endowment grants made available under
7469	this section shall be made available to any independent
7470	nonprofit college or university which:
7471	(d)  Is not a state university or Florida College System
7472	institution community college.
7473	Section 171.  Paragraphs (i) and (j) of subsection (1) of
7474	section 1011.62, Florida Statutes, are amended to read:
7475	1011.62  Funds for operation of schools.-If the annual
7476	allocation from the Florida Education Finance Program to each
7477	district for operation of schools is not determined in the
7478	annual appropriations act or the substantive bill implementing
7479	the annual appropriations act, it shall be determined as
7480	follows:
7481	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
7482	OPERATION.-The following procedure shall be followed in
7483	determining the annual allocation to each district for
7484	operation:
7485	(i)  Calculation of full-time equivalent membership with
7486	respect to dual enrollment instruction.-Students enrolled in
7487	dual enrollment instruction pursuant to s. 1007.271 may be
7488	included in calculations of full-time equivalent student
7489	memberships for basic programs for grades 9 through 12 by a
7490	district school board. Instructional time for dual enrollment
7491	may vary from 900 hours; however, the school district may only
7492	report the student for a maximum of 1.0 full-time equivalent
7493	student membership, as provided in s. 1011.61(4). Dual
7494	enrollment full-time equivalent student membership shall be
7495	calculated in an amount equal to the hours of instruction that
7496	would be necessary to earn the full-time equivalent student
7497	membership for an equivalent course if it were taught in the
7498	school district. Students in dual enrollment courses may also be
7499	calculated as the proportional shares of full-time equivalent
7500	enrollments they generate for a Florida College System
7501	institution community college or university conducting the dual
7502	enrollment instruction. Early admission students shall be
7503	considered dual enrollments for funding purposes. Students may
7504	be enrolled in dual enrollment instruction provided by an
7505	eligible independent college or university and may be included
7506	in calculations of full-time equivalent student memberships for
7507	basic programs for grades 9 through 12 by a district school
7508	board. However, those provisions of law which exempt dual
7509	enrolled and early admission students from payment of
7510	instructional materials and tuition and fees, including
7511	laboratory fees, shall not apply to students who select the
7512	option of enrolling in an eligible independent institution. An
7513	independent college or university which is located and chartered
7514	in Florida, is not for profit, is accredited by the Commission
7515	on Colleges of the Southern Association of Colleges and Schools
7516	or the Accrediting Council for Independent Colleges and Schools,
7517	and confers degrees as defined in s. 1005.02 shall be eligible
7518	for inclusion in the dual enrollment or early admission program.
7519	Students enrolled in dual enrollment instruction shall be exempt
7520	from the payment of tuition and fees, including laboratory fees.
7521	No student enrolled in college credit mathematics or English
7522	dual enrollment instruction shall be funded as a dual enrollment
7523	unless the student has successfully completed the relevant
7524	section of the entry-level examination required pursuant to s.
7525	1008.30.
7526	(j)  Coenrollment.-If a high school student wishes to earn
7527	high school credits from a Florida College System institution
7528	community college and enrolls in one or more adult secondary
7529	education courses at the Florida College System institution
7530	community college, the Florida College System institution
7531	community college shall be reimbursed for the costs incurred
7532	because of the high school student's coenrollment as provided in
7533	the General Appropriations Act.
7534	Section 172.  Paragraph (d) of subsection (1) of section
7535	1011.68, Florida Statutes, is amended to read:
7536	1011.68  Funds for student transportation.-The annual
7537	allocation to each district for transportation to public school
7538	programs, including charter schools as provided in s.
7539	1002.33(17)(b), of students in membership in kindergarten
7540	through grade 12 and in migrant and exceptional student programs
7541	below kindergarten shall be determined as follows:
7542	(1)  Subject to the rules of the State Board of Education,
7543	each district shall determine the membership of students who are
7544	transported:
7545	(d)  By reason of being career, dual enrollment, or
7546	students with disabilities transported from one school center to
7547	another to participate in an instructional program or service;
7548	or students with disabilities, transported from one designation
7549	to another in the state, provided one designation is a school
7550	center and provided the student's individual educational plan
7551	(IEP) identifies the need for the instructional program or
7552	service and transportation to be provided by the school
7553	district. A "school center" is defined as a public school
7554	center, Florida College System institution community college,
7555	state university, or other facility rented, leased, or owned and
7556	operated by the school district or another public agency. A
7557	"dual enrollment student" is defined as a public school student
7558	in membership in both a public secondary school program and a
7559	Florida College System institution community college or a state
7560	university program under a written agreement to partially
7561	fulfill ss. 1003.435 and 1007.23 and earning full-time
7562	equivalent membership under s. 1011.62(1)(i).
7563	Section 173.  Subsection (3) of section 1011.75, Florida
7564	Statutes, is amended to read:
7565	1011.75  Gifted education exemplary program grants.-
7566	(3)  Pursuant to policies and rules to be adopted by the
7567	State Board of Education, each district school board, two or
7568	more district school boards in cooperation, or a public school
7569	principal through the district school board may submit to the
7570	commissioner a proposed program designed to effectuate an
7571	exemplary program for education for the gifted in a school,
7572	district, or group of districts. Consideration for funding shall
7573	be given to proposed programs of district school boards that are
7574	developed with the cooperation of a Florida College System
7575	institution community college or public or private college or
7576	university for the purpose of providing advanced accelerated
7577	instruction for public school students pursuant to s. 1003.435.
7578	In order to be approved, a program proposal must include:
7579	(a)  Clearly stated goals and objectives expressed, to the
7580	maximum extent possible, in measurable terms.
7581	(b)  Information concerning the number of students,
7582	teachers, and other personnel to be involved in the program.
7583	(c)  The estimated cost of the program and the number of
7584	years for which it is to be funded.
7585	(d)  Provisions for evaluation of the program and for its
7586	integration into the general curriculum and financial program of
7587	the school district or districts at the end of the funded
7588	period.
7589	(e)  Such other information and provisions as the
7590	commissioner requires.
7591	Section 174.  Subsection (2), paragraph (a) of subsection
7592	(5), and subsections (6), (7), (8), (9), and (10) of section
7593	1011.80, Florida Statutes, are amended to read:
7594	1011.80  Funds for operation of workforce education
7595	programs.-
7596	(2)  Any workforce education program may be conducted by a
7597	Florida College System institution community college or a school
7598	district, except that college credit in an associate in applied
7599	science or an associate in science degree may be awarded only by
7600	a Florida College System institution community college. However,
7601	if an associate in applied science or an associate in science
7602	degree program contains within it an occupational completion
7603	point that confers a certificate or an applied technology
7604	diploma, that portion of the program may be conducted by a
7605	school district career center. Any instruction designed to
7606	articulate to a degree program is subject to guidelines and
7607	standards adopted by the State Board of Education pursuant to s.
7608	1007.25.
7609	(5)  State funding and student fees for workforce education
7610	instruction shall be established as follows:
7611	(a)  Expenditures for the continuing workforce education
7612	programs provided by the Florida College System institutions
7613	community colleges or school districts must be fully supported
7614	by fees. Enrollments in continuing workforce education courses
7615	shall not be counted for purposes of funding full-time
7616	equivalent enrollment.
7617	(6)(a)  A school district or a Florida College System
7618	institution community college that provides workforce education
7619	programs shall receive funds in accordance with distributions
7620	for base and performance funding established by the Legislature
7621	in the General Appropriations Act. If the General Appropriations
7622	Act does not provide for the distribution of funds, the
7623	following methodology shall apply:
7624	1.  Base funding shall be allocated based on weighted
7625	enrollment and shall not exceed 90 percent of the allocation.
7626	The Department of Education shall develop a funding process for
7627	school district workforce education programs that is comparable
7628	with Florida College System institution community college
7629	workforce programs.
7630	2.  Performance funding shall be at least 10 percent of the
7631	allocation, based on the previous fiscal year's achievement of
7632	output and outcomes in accordance with formulas adopted pursuant
7633	to subsection (10). Performance funding must incorporate
7634	payments for at least three levels of placements that reflect
7635	wages and workforce demand. Payments for completions must not
7636	exceed 60 percent of the payments for placement. School
7637	districts and Florida College System institutions community
7638	colleges shall be awarded funds pursuant to this paragraph based
7639	on performance output data and performance outcome data
7640	available in that year.
7641	(b)  A program is established to assist school districts
7642	and Florida College System institutions community colleges in
7643	responding to the needs of new and expanding businesses and
7644	thereby strengthening the state's workforce and economy. The
7645	program may be funded in the General Appropriations Act. A
7646	school district or Florida College System institution community
7647	college may expend funds under the program without regard to
7648	performance criteria set forth in subparagraph (a)2. The
7649	district or Florida College System institution community college
7650	shall use the program to provide customized training for
7651	businesses which satisfies the requirements of s. 288.047.
7652	Business firms whose employees receive the customized training
7653	must provide 50 percent of the cost of the training. Balances
7654	remaining in the program at the end of the fiscal year shall not
7655	revert to the general fund, but shall be carried over for 1
7656	additional year and used for the purpose of serving incumbent
7657	worker training needs of area businesses with fewer than 100
7658	employees. Priority shall be given to businesses that must
7659	increase or upgrade their use of technology to remain
7660	competitive.
7661	(7)  A school district or Florida College System
7662	institution community college that receives workforce education
7663	funds must use the money to benefit the workforce education
7664	programs it provides. The money may be used for equipment
7665	upgrades, program expansions, or any other use that would result
7666	in workforce education program improvement. The district school
7667	board or Florida College System institution community college
7668	board of trustees may not withhold any portion of the
7669	performance funding for indirect costs.
7670	(8)  The State Board of Education and Workforce Florida,
7671	Inc., shall provide the Legislature with recommended formulas,
7672	criteria, timeframes, and mechanisms for distributing
7673	performance funds. The commissioner shall consolidate the
7674	recommendations and develop a consensus proposal for funding.
7675	The Legislature shall adopt a formula and distribute the
7676	performance funds to the State Board of Education for Florida
7677	College System institutions community colleges and school
7678	districts through the General Appropriations Act. These
7679	recommendations shall be based on formulas that would discourage
7680	low-performing or low-demand programs and encourage through
7681	performance-funding awards:
7682	(a)  Programs that prepare people to enter high-wage
7683	occupations identified by the Workforce Estimating Conference
7684	created by s. 216.136 and other programs as approved by
7685	Workforce Florida, Inc. At a minimum, performance incentives
7686	shall be calculated for adults who reach completion points or
7687	complete programs that lead to specified high-wage employment
7688	and to their placement in that employment.
7689	(b)  Programs that successfully prepare adults who are
7690	eligible for public assistance, economically disadvantaged,
7691	disabled, not proficient in English, or dislocated workers for
7692	high-wage occupations. At a minimum, performance incentives
7693	shall be calculated at an enhanced value for the completion of
7694	adults identified in this paragraph and job placement of such
7695	adults upon completion. In addition, adjustments may be made in
7696	payments for job placements for areas of high unemployment.
7697	(c)  Programs that are specifically designed to be
7698	consistent with the workforce needs of private enterprise and
7699	regional economic development strategies, as defined in
7700	guidelines set by Workforce Florida, Inc. Workforce Florida,
7701	Inc., shall develop guidelines to identify such needs and
7702	strategies based on localized research of private employers and
7703	economic development practitioners.
7704	(d)  Programs identified by Workforce Florida, Inc., as
7705	increasing the effectiveness and cost efficiency of education.
7706	(9)  School districts shall report full-time equivalent
7707	students by discipline category for the programs specified in
7708	subsection (1). There shall be an annual cost analysis for the
7709	school district workforce education programs that reports cost
7710	by discipline category consistent with the reporting for full-
7711	time equivalent students. The annual financial reports submitted
7712	by the school districts must accurately report on the student
7713	fee revenues by fee type according to the programs specified in
7714	subsection (1). The Department of Education shall develop a plan
7715	for comparable reporting of program, student, facility,
7716	personnel, and financial data between the Florida College System
7717	institutions community colleges and the school district
7718	workforce education programs.
7719	(10)  A high school student dually enrolled under s.
7720	1007.271 in a workforce education program operated by a Florida
7721	College System institution community college or school district
7722	career center generates the amount calculated for workforce
7723	education funding, including any payment of performance funding,
7724	and the proportional share of full-time equivalent enrollment
7725	generated through the Florida Education Finance Program for the
7726	student's enrollment in a high school. If a high school student
7727	is dually enrolled in a Florida College System institution
7728	community college program, including a program conducted at a
7729	high school, the Florida College System institution community
7730	college earns the funds generated for workforce education
7731	funding, and the school district earns the proportional share of
7732	full-time equivalent funding from the Florida Education Finance
7733	Program. If a student is dually enrolled in a career center
7734	operated by the same district as the district in which the
7735	student attends high school, that district earns the funds
7736	generated for workforce education funding and also earns the
7737	proportional share of full-time equivalent funding from the
7738	Florida Education Finance Program. If a student is dually
7739	enrolled in a workforce education program provided by a career
7740	center operated by a different school district, the funds must
7741	be divided between the two school districts proportionally from
7742	the two funding sources. A student may not be reported for
7743	funding in a dual enrollment workforce education program unless
7744	the student has completed the basic skills assessment pursuant
7745	to s. 1004.91.
7746	Section 175.  Section 1011.801, Florida Statutes, is
7747	amended to read:
7748	1011.801  Workforce Development Capitalization Incentive
7749	Grant Program.-The Legislature recognizes that the need for
7750	school districts and Florida College System institutions
7751	community colleges to be able to respond to emerging local or
7752	statewide economic development needs is critical to the
7753	workforce development system. The Workforce Development
7754	Capitalization Incentive Grant Program is created to provide
7755	grants to school districts and Florida College System
7756	institutions community colleges on a competitive basis to fund
7757	some or all of the costs associated with the creation or
7758	expansion of workforce development programs that serve specific
7759	employment workforce needs.
7760	(1)  Funds awarded for a workforce development
7761	capitalization incentive grant may be used for instructional
7762	equipment, laboratory equipment, supplies, personnel, student
7763	services, or other expenses associated with the creation or
7764	expansion of a workforce development program. Expansion of a
7765	program may include either the expansion of enrollments in a
7766	program or expansion into new areas of specialization within a
7767	program. No grant funds may be used for recurring instructional
7768	costs or for institutions' indirect costs.
7769	(2)  The State Board of Education shall accept applications
7770	from school districts or Florida College System institutions
7771	community colleges for workforce development capitalization
7772	incentive grants. Applications from school districts or Florida
7773	College System institutions community colleges shall contain
7774	projected enrollments and projected costs for the new or
7775	expanded workforce development program. The State Board of
7776	Education, in consultation with the Workforce Florida, Inc.,
7777	shall review and rank each application for a grant according to
7778	subsection (3) and shall submit to the Legislature a list in
7779	priority order of applications recommended for a grant award.
7780	(3)  The State Board of Education shall give highest
7781	priority to programs that train people to enter high-skill,
7782	high-wage occupations identified by the Workforce Estimating
7783	Conference and other programs approved by Workforce Florida,
7784	Inc.; programs that train people to enter occupations under the
7785	welfare transition program; or programs that train for the
7786	workforce adults who are eligible for public assistance,
7787	economically disadvantaged, disabled, not proficient in English,
7788	or dislocated workers. The State Board of Education shall
7789	consider the statewide geographic dispersion of grant funds in
7790	ranking the applications and shall give priority to applications
7791	from education agencies that are making maximum use of their
7792	workforce development funding by offering high-performing, high-
7793	demand programs.
7794	Section 176.  Section 1011.81, Florida Statutes, is amended
7795	to read:
7796	1011.81   Florida College System Community College Program
7797	Fund.-
7798	(1)  There is established a Florida College System
7799	Community College Program Fund. This fund shall comprise all
7800	appropriations made by the Legislature for the support of the
7801	current operating program and shall be apportioned and
7802	distributed to the Florida College System institution community
7803	college districts of the state on the basis of procedures
7804	established by law and rules of the State Board of Education.
7805	The annual apportionment for each Florida College System
7806	institution community college district shall be distributed
7807	monthly in payments as nearly equal as possible.
7808	(2)  None of the funds made available in the Florida
7809	College System Community College Program Fund, or funds made
7810	available to Florida College System institutions community
7811	colleges outside the Florida College System Community College
7812	Program Fund, may be used to implement, organize, direct,
7813	coordinate, or administer, or to support the implementation,
7814	organization, direction, coordination, or administration of,
7815	activities related to, or involving, travel to a terrorist
7816	state. For purposes of this section, "terrorist state" is
7817	defined as any state, country, or nation designated by the
7818	United States Department of State as a state sponsor of
7819	terrorism.
7820	Section 177.  Section 1011.82, Florida Statutes, is amended
7821	to read:
7822	1011.82  Requirements for participation in Florida College
7823	System Community College Program Fund.-Each Florida College
7824	System institution community college district which participates
7825	in the state appropriations for the Florida College System
7826	Community College Program Fund shall provide evidence of its
7827	effort to maintain an adequate Florida College System
7828	institution community college program which shall:
7829	(1)  Meet the minimum standards prescribed by the State
7830	Board of Education in accordance with s. 1001.02(6).
7831	(2)  Effectively fulfill the mission of the Florida College
7832	System institutions community colleges in accordance with s.
7833	1004.65.
7834	Section 178.  Section 1011.83, Florida Statutes, is amended
7835	to read:
7836	1011.83  Financial support of Florida College System
7837	institutions community colleges.-
7838	(1)  Each Florida College System institution community
7839	college that has been approved by the Department of Education
7840	and meets the requirements of law and rules of the State Board
7841	of Education shall participate in the Florida College System
7842	Community College Program Fund. However, funds to support
7843	workforce education programs conducted by Florida College System
7844	institutions community colleges shall be provided pursuant to s.
7845	1011.80.
7846	(2)  A student in a baccalaureate degree program approved
7847	pursuant to s. 1007.33 who is not classified as a resident for
7848	tuition purposes pursuant to s. 1009.21 may not be included in
7849	calculations of full-time equivalent enrollments for state
7850	funding purposes.
7851	Section 179.  Section 1011.84, Florida Statutes, is amended
7852	to read:
7853	1011.84  Procedure for determining state financial support
7854	and annual apportionment of state funds to each Florida College
7855	System institution community college district.-The procedure for
7856	determining state financial support and the annual apportionment
7857	to each Florida College System institution community college
7858	district authorized to operate a Florida College System
7859	institution community college under the provisions of s. 1001.61
7860	shall be as follows:
7861	(1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
7862	COLLEGE SYSTEM COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT
7863	OPERATING PROGRAM.-
7864	(a)  The Department of Education shall determine annually
7865	from an analysis of operating costs, prepared in the manner
7866	prescribed by rules of the State Board of Education, the costs
7867	per full-time equivalent student served in courses and fields of
7868	study offered in Florida College System institutions community
7869	colleges. This information and current college operating budgets
7870	shall be submitted to the Executive Office of the Governor with
7871	the legislative budget request prior to each regular session of
7872	the Legislature.
7873	(b)  The allocation of funds for Florida College System
7874	institutions community colleges shall be based on advanced and
7875	professional disciplines, college-preparatory programs, and
7876	other programs for adults funded pursuant to s. 1011.80.
7877	(c)  The category of lifelong learning is for students
7878	enrolled pursuant to s. 1004.93. A student shall also be
7879	reported as a lifelong learning student for his or her
7880	enrollment in any course that he or she has previously taken,
7881	unless it is a credit course in which the student earned a grade
7882	of D or F.
7883	(d)  If an adult student has been determined to be a
7884	disabled student eligible for an approved educational program
7885	for disabled adults provided pursuant to s. 1004.93 and rules of
7886	the State Board of Education and is enrolled in a class with
7887	curriculum frameworks developed for the program, state funding
7888	for that student shall be provided at a level double that of a
7889	student enrolled in a special adult general education program
7890	provided by a Florida College System institution community
7891	college.
7892	(e)  All state inmate education provided by Florida College
7893	System institutions community colleges shall be reported by
7894	program, FTE expenditure, and revenue source. These enrollments,
7895	expenditures, and revenues shall be reported and projected
7896	separately. Instruction of state inmates shall not be included
7897	in the full-time equivalent student enrollment for funding
7898	through the Florida College System Community College Program
7899	Fund.
7900	(f)  When a public educational institution has been fully
7901	funded by an external agency for direct instructional costs of
7902	any course or program, the FTE generated shall not be reported
7903	for state funding.
7904	(g)  The State Board of Education shall adopt rules to
7905	implement s. 9(d)(8)f., Art. XII of the State Constitution.
7906	These rules shall provide for the use of the funds available
7907	under s. 9(d)(8)f., Art. XII by an individual Florida College
7908	System institution community college for operating expense in
7909	any fiscal year during which the State Board of Education has
7910	determined that all major capital outlay needs have been met.
7911	Highest priority for the use of these funds for purposes other
7912	than financing approved capital outlay projects shall be for the
7913	proper maintenance and repair of existing facilities for
7914	projects approved by the State Board of Education. However, in
7915	any fiscal year in which funds from this source are authorized
7916	for operating expense other than approved maintenance and repair
7917	projects, the allocation of Florida College System institution
7918	community college program funds shall be reduced by an amount
7919	equal to the sum used for such operating expense for that
7920	Florida College System institution community college that year,
7921	and that amount shall not be released or allocated among the
7922	other Florida College System institutions community colleges
7923	that year.
7924	(2)  DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
7925	OUTLAY AND DEBT SERVICE.-The amount included for capital outlay
7926	and debt service shall be as determined and provided in s. 18,
7927	Art. XII of the State Constitution of 1885, as adopted by s.
7928	9(d), Art. XII of the 1968 revised State Constitution and State
7929	Board of Education rules.
7930	(3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
7931	(a)  By December 15 of each year, the Department of
7932	Education shall estimate the annual enrollment of each Florida
7933	College System institution community college for the current
7934	fiscal year and for the 3 subsequent fiscal years. These
7935	estimates shall be based upon prior years' enrollments, upon the
7936	initial fall term enrollments for the current fiscal year for
7937	each college, and upon each college's estimated current
7938	enrollment and demographic changes in the respective Florida
7939	College System institution community college districts. Upper-
7940	division enrollment shall be estimated separately from lower-
7941	division enrollment.
7942	(b)  The apportionment to each Florida College System
7943	institution community college from the Florida College System
7944	Community College Program Fund shall be determined annually in
7945	the General Appropriations Act. In determining each college's
7946	apportionment, the Legislature shall consider the following
7947	components:
7948	1.  Base budget, which includes the state appropriation to
7949	the Florida College System Community College Program Fund in the
7950	current year plus the related student tuition and out-of-state
7951	fees assigned in the current General Appropriations Act.
7952	2.  The cost-to-continue allocation, which consists of
7953	incremental changes to the base budget, including salaries,
7954	price levels, and other related costs allocated through a
7955	funding model approved by the Legislature which may recognize
7956	differing economic factors arising from the individual
7957	educational approaches of the various Florida College System
7958	institutions community colleges, including, but not limited to:
7959	a.  Direct Instructional Funding, including class size,
7960	faculty productivity factors, average faculty salary, ratio of
7961	full-time to part-time faculty, costs of programs, and
7962	enrollment factors.
7963	b.  Academic Support, including small colleges factor,
7964	multicampus factor, and enrollment factor.
7965	c.  Student Services Support, including headcount of
7966	students as well as FTE count and enrollment factors.
7967	d.  Library Support, including volume and other
7968	materials/audiovisual requirements.
7969	e.  Special Projects.
7970	f.  Operations and Maintenance of Plant, including square
7971	footage and utilization factors.
7972	g.  District Cost Differential.
7973	3.  Students enrolled in a recreation and leisure program
7974	and students enrolled in a lifelong learning program who may not
7975	be counted as full-time equivalent enrollments for purposes of
7976	enrollment workload adjustments.
7977	4.  Operating costs of new facilities adjustments, which
7978	shall be provided, from funds available, for each new facility
7979	that is owned by the college and is recommended in accordance
7980	with s. 1013.31.
7981	5.  New and improved program enhancements, which shall be
7982	determined by the Legislature.
7983
7984	Student fees in the base budget plus student fee revenues
7985	generated by increases in fee rates shall be deducted from the
7986	sum of the components determined in subparagraphs 1.-5. The
7987	amount remaining shall be the net annual state apportionment to
7988	each college.
7989	(c)  No Florida College System institution community
7990	college shall commit funds for the employment of personnel or
7991	resources in excess of those required to continue the same level
7992	of support for either the previously approved enrollment or the
7993	revised enrollment, whichever is lower.
7994	(d)  The apportionment to each Florida College System
7995	institution community college district for capital outlay and
7996	debt service shall be the amount determined in accordance with
7997	subsection (2). This amount, less any amount determined as
7998	necessary for administrative expense by the State Board of
7999	Education and any amount necessary for debt service on bonds
8000	issued by the State Board of Education, shall be transmitted to
8001	the Florida College System institution community college board
8002	of trustees to be expended in a manner prescribed by rules of
8003	the State Board of Education.
8004	(e)  If at any time the unencumbered balance in the general
8005	fund of the Florida College System institution community college
8006	board of trustees approved operating budget goes below 5
8007	percent, the president shall provide written notification to the
8008	State Board of Education.
8009	(f)  Expenditures for apprenticeship programs shall be
8010	reported separately.
8011	(g)  Expenditures for upper-division enrollment in a
8012	Florida College System institution community college that grants
8013	baccalaureate degrees shall be reported separately from
8014	expenditures for lower-division enrollment, in accordance with
8015	law and State Board of Education rule.
8016	(4)  EXPENDITURE OF ALLOCATED FUNDS.-Any funds allocated
8017	herein to any Florida College System institution community
8018	college shall be expended only for the purpose of supporting
8019	that Florida College System institution community college.
8020	(5)  REPORT OF REMEDIAL EDUCATION.-Each Florida College
8021	System institution community college board of trustees shall
8022	report the volume and cost of remedial education activities as a
8023	separate item in its annual cost accounting system.
8024	Section 180.  Section 1011.85, Florida Statutes, is amended
8025	to read:
8026	1011.85  Dr. Philip Benjamin Matching Grant Program for
8027	Florida College System Institutions Community Colleges.-
8028	(1)  There is created the Dr. Philip Benjamin Matching
8029	Grant Program for Florida College System Institutions Community
8030	Colleges as a single matching gifts program that encompasses the
8031	goals originally set out in the Academic Improvement Program,
8032	the Scholarship Matching Program, and the Health Care Education
8033	Quality Enhancement Challenge Grant. The program shall be
8034	administered according to rules of the State Board of Education
8035	and used to encourage private support in enhancing Florida
8036	College System institutions community colleges by providing the
8037	Florida community College System with the opportunity to receive
8038	and match challenge grants. Funds received prior to the
8039	effective date of this act for each of the three programs shall
8040	be retained in the separate account for which it was designated.
8041	(2)  Each Florida College System institution community
8042	college board of trustees receiving state appropriations under
8043	this program shall approve each gift to ensure alignment with
8044	the unique mission of the Florida College System institution
8045	community college. The board of trustees must link all requests
8046	for a state match to the goals and mission statement. The
8047	Florida College System Institution Community College Foundation
8048	Board receiving state appropriations under this program shall
8049	approve each gift to ensure alignment with its goals and mission
8050	statement.
8051	(3)  Upon approval by the Florida College System
8052	institution community college board of trustees and the State
8053	Board of Education, the ordering of donations for priority
8054	listing of unmatched gifts should be determined by the
8055	submitting Florida College System institution community college.
8056	(4)  Each year, eligible contributions received by a
8057	Florida College System institution's community college's
8058	foundation or the State Board of Education by February 1 shall
8059	be eligible for state matching funds.
8060	(a)  Each Florida College System institution community
8061	college board of trustees and, when applicable, the Florida
8062	College System Institution Community College Foundation Board,
8063	receiving state appropriations under this program shall also
8064	certify in an annual report to the State Board of Education the
8065	receipt of eligible cash contributions that were previously
8066	unmatched by the state. The State Board of Education shall adopt
8067	rules providing all Florida College System institutions
8068	community colleges with an opportunity to apply for excess funds
8069	before the awarding of such funds.
8070	(b)  Florida College System institutions Community colleges
8071	must submit to the State Board of Education an annual
8072	expenditure report tracking the use of all matching funds.
8073	(c)  The audit of each foundation receiving state funds
8074	from this program must include a certification of accuracy in
8075	the amount reported for matching funds.
8076	(5)  The matching ratio for donations that are specifically
8077	designated to support scholarships, including scholarships for
8078	first-generation-in-college students, student loans, or need-
8079	based grants shall be $1 of state funds to $1 of local private
8080	funds.
8081	(6)  Otherwise, funds shall be proportionately allocated to
8082	the Florida College System institutions community colleges on
8083	the basis of matching each $6 of local or private funds with $4
8084	of state funds. To be eligible, a minimum of $4,500 must be
8085	raised from private sources.
8086	(7)  The Florida College System institution community
8087	college board of trustees, in conjunction with the donor, shall
8088	make the determination of whether scholarships established
8089	pursuant to this program are endowed.
8090	(8)(a)  Funds sufficient to provide the match shall be
8091	transferred from the state appropriations to the local Florida
8092	College System institution community college foundation or the
8093	statewide Florida College System institution community college
8094	foundation upon notification that a proportionate amount has
8095	been received and deposited by a Florida College System
8096	institution community college in its own trust fund.
8097	(b)  If state funds appropriated for the program are
8098	insufficient to match contributions, the amount allocated shall
8099	be reduced in proportion to its share of the total eligible
8100	contributions. However, in making proportional reductions, every
8101	Florida College System institution community college shall
8102	receive a minimum of $75,000 in state matching funds if its
8103	eligible contributions would have generated an amount at least
8104	equal to $75,000. All unmet contributions shall be eligible for
8105	state matching funds in subsequent fiscal years.
8106	(9)  Each Florida College System institution community
8107	college entity shall establish its own matching grant program
8108	fund as a depository for the private contributions and matching
8109	state funds provided under this section. Florida College System
8110	institution Community college foundations are responsible for
8111	the maintenance, investment, and administration of their
8112	matching grant program funds.
8113	(10)  The State Board of Education may receive submissions
8114	of requests for matching funds and documentation relating to
8115	those requests, may approve requests for matching funds, and may
8116	allocate such funds to the Florida College System institutions
8117	community colleges.
8118	(11)  The board of trustees of the Florida College System
8119	institution community college and the State Board of Education
8120	are responsible for determining the uses for the proceeds of
8121	their respective trust funds. Such use of the proceeds shall
8122	include, but not be limited to, expenditure of the funds for:
8123	(a)  Scientific and technical equipment.
8124	(b)  Scholarships, loans, or need-based grants.
8125	(c)  Other activities that will benefit future students as
8126	well as students currently enrolled at the Florida College
8127	System institution community college, will improve the quality
8128	of education at the Florida College System institution community
8129	college, or will enhance economic development in the community.
8130	(12)  Each Florida College System institution community
8131	college shall notify all donors of private funds of a
8132	substantial delay in the availability of state matching funds
8133	for this program.
8134	Section 181.  Subsection (1) of section 1011.86, Florida
8135	Statutes, is amended to read:
8136	1011.86  Educational leadership enhancement grants.-
8137	(1)  State universities and Florida College System
8138	institutions community colleges may submit proposals for
8139	educational leadership enhancement grants to the Commissioner of
8140	Education. Proposals shall be funded competitively.
8141	Section 182.  Subsection (1) and paragraph (b) of
8142	subsection (6) of section 1012.01, Florida Statutes, are amended
8143	to read:
8144	1012.01  Definitions.-As used in this chapter, the
8145	following terms have the following meanings:
8146	(1)  SCHOOL OFFICERS.-The officers of the state system of
8147	public K-12 and Florida College System institution community
8148	college education shall be the Commissioner of Education and the
8149	members of the State Board of Education; for each district
8150	school system, the officers shall be the district school
8151	superintendent and members of the district school board; and for
8152	each Florida College System institution community college, the
8153	officers shall be the Florida College System institution
8154	community college president and members of the Florida College
8155	System institution community college board of trustees.
8156	(6)  EDUCATIONAL SUPPORT EMPLOYEES.-"Educational support
8157	employees" means K-12 employees whose job functions are neither
8158	administrative nor instructional, yet whose work supports the
8159	educational process.
8160	(b)  Technicians are individuals whose occupations require
8161	a combination of knowledge and manual skill which can be
8162	obtained through about 2 years of post-high school education,
8163	such as is offered in many career centers and Florida College
8164	System institutions community colleges, or through equivalent
8165	on-the-job training.
8166	Section 183.  Paragraph (c) of subsection (1) of section
8167	1012.35, Florida Statutes, is amended to read:
8168	1012.35  Substitute teachers.-
8169	(1)  Each district school board shall adopt rules
8170	prescribing the compensation of, and the procedure for
8171	employment of, substitute teachers.
8172	(c)  The required training programs for substitute teachers
8173	may be provided by Florida College System institutions community
8174	colleges, colleges of education, district school boards,
8175	educational consortia, or commercial vendors.
8176	Section 184.  Paragraph (e) of subsection (3) and paragraph
8177	(e) of subsection (6) of section 1012.56, Florida Statutes, are
8178	amended to read:
8179	1012.56  Educator certification requirements.-
8180	(3)  MASTERY OF GENERAL KNOWLEDGE.-Acceptable means of
8181	demonstrating mastery of general knowledge are:
8182	(e)  Documentation of two semesters of successful teaching
8183	in a Florida College System institution community college, state
8184	university, or private college or university that awards an
8185	associate or higher degree and is an accredited institution or
8186	an institution of higher education identified by the Department
8187	of Education as having a quality program.
8188	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
8189	COMPETENCE.-Acceptable means of demonstrating mastery of
8190	professional preparation and education competence are:
8191	(e)  Documentation of two semesters of successful teaching
8192	in a Florida College System institution community college, state
8193	university, or private college or university that awards an
8194	associate or higher degree and is an accredited institution or
8195	an institution of higher education identified by the Department
8196	of Education as having a quality program;
8197	Section 185.  Paragraph (a) of subsection (1) of section
8198	1012.80, Florida Statutes, is amended to read:
8199	1012.80  Participation by employees in disruptive
8200	activities at public postsecondary educational institutions;
8201	penalties.-
8202	(1)(a)  Any person who accepts the privilege extended by
8203	the laws of this state of employment at any Florida College
8204	System institution community college shall, by working at such
8205	institution, be deemed to have given his or her consent to the
8206	policies of that institution, the policies of the State Board of
8207	Education, and the laws of this state. Such policies shall
8208	include prohibition against disruptive activities at Florida
8209	College System institutions community colleges.
8210	Section 186.  Section 1012.81, Florida Statutes, is amended
8211	to read:
8212	1012.81  Personnel records.-Rules of the State Board of
8213	Education shall prescribe the content and custody of limited-
8214	access records which a Florida College System institution
8215	community college may maintain on its employees. Such records
8216	shall be limited to information reflecting evaluations of
8217	employee performance and shall be open to inspection only by the
8218	employee and by officials of the college who are responsible for
8219	supervision of the employee. Such limited-access employee
8220	records are confidential and exempt from the provisions of s.
8221	119.07(1). Except as required for use by the president in the
8222	discharge of his or her official responsibilities, the custodian
8223	of limited-access employee records may release information from
8224	such records only upon authorization in writing from the
8225	employee or the president or upon order of a court of competent
8226	jurisdiction.
8227	Section 187.  Section 1012.82, Florida Statutes, is amended
8228	to read:
8229	1012.82  Teaching faculty; minimum teaching hours per
8230	week.-Each full-time member of the teaching faculty at any
8231	Florida College System institution community college who is paid
8232	wholly from funds appropriated from the Florida College System
8233	community college Program Fund or from funds appropriated for
8234	Florida College System institution community college
8235	baccalaureate degree programs shall teach a minimum of 15
8236	classroom contact hours per week at such institution. However,
8237	the required classroom contact hours per week may be reduced
8238	upon approval of the president of the institution in direct
8239	proportion to specific duties and responsibilities assigned the
8240	faculty member by his or her departmental chair or other
8241	appropriate college administrator. Such specific duties may
8242	include specific research duties, specific duties associated
8243	with developing television, video tape, or other specifically
8244	assigned innovative teaching techniques or devices, or assigned
8245	responsibility for off-campus student internship or work-study
8246	programs. A "classroom contact hour" consists of a regularly
8247	scheduled classroom activity of not less than 50 minutes in a
8248	course of instruction which has been approved by the Florida
8249	College System institution community college board of trustees.
8250	Any full-time faculty member who is paid partly from Florida
8251	College System institution community college program funds and
8252	partly from other funds or appropriations shall teach a minimum
8253	number of classroom contact hours per week in such proportion to
8254	15 classroom contact hours as his or her salary paid from
8255	Florida College System institution community college program
8256	funds bears to his or her total salary. Any full-time faculty
8257	member who is paid partly from funds appropriated for Florida
8258	College System institution community college baccalaureate
8259	degree programs and partly from other funds or appropriations
8260	shall teach a minimum number of classroom contact hours per week
8261	in such proportion to 15 classroom contact hours as his or her
8262	salary paid from funds appropriated for Florida College System
8263	institution community college baccalaureate degree programs
8264	bears to his or her total salary.
8265	Section 188.  Section 1012.83, Florida Statutes, is amended
8266	to read:
8267	1012.83  Contracts with administrative and instructional
8268	staff.-
8269	(1)  Each person employed in an administrative or
8270	instructional capacity in a Florida College System institution
8271	community college shall be entitled to a contract as provided by
8272	rules of the State Board of Education.
8273	(2)  A Florida College System institution community college
8274	board of trustees may not enter into an employment contract that
8275	requires the Florida College System institution community
8276	college to pay an employee an amount from appropriated state
8277	funds in excess of 1 year of the employee's annual salary for
8278	termination, buyout, or any other type of contract settlement.
8279	This subsection does not prohibit the payment of leave and
8280	benefits accrued by the employee in accordance with the Florida
8281	College System institution's community college's leave and
8282	benefits policies before the contract terminates.
8283	Section 189.  Subsection (1) of section 1012.84, Florida
8284	Statutes, is amended to read:
8285	1012.84  Exemption from county civil service commissions.-
8286	(1)  Any Florida College System institution community
8287	college located in a county which has either a budget commission
8288	or a civil service commission is exempt from the regulation,
8289	supervision, and control of any such commission.
8290	Section 190.  Section 1012.85, Florida Statutes, is amended
8291	to read:
8292	1012.85  Payment of costs of civil actions against
8293	officers, employees, or agents of Florida College System
8294	institution community college board of trustees.-
8295	(1)  Whenever any civil action has been brought against any
8296	officer of the Florida College System institution community
8297	college board of trustees, including a board member, or any
8298	person employed by or agent of the Florida College System
8299	institution community college board of trustees, of any Florida
8300	College System institution community college for any act or
8301	omission arising out of and in the course of the performance of
8302	his or her duties and responsibilities, the Florida College
8303	System institution community college board of trustees may
8304	defray all costs of defending such action, including reasonable
8305	attorney's fees and expenses together with costs of appeal, if
8306	any, and may save harmless and protect such person from any
8307	financial loss resulting therefrom; and the Florida College
8308	System institution community college board of trustees may be
8309	self-insured, to enter into risk management programs, or to
8310	purchase insurance for whatever coverage it may choose, or to
8311	have any combination thereof, to cover all such losses and
8312	expenses. However, any attorney's fees paid from public funds
8313	for any officer, employee, or agent who is found to be
8314	personally liable by virtue of acting outside the scope of his
8315	or her employment or acting in bad faith, with malicious
8316	purpose, or in a manner exhibiting wanton and willful disregard
8317	of human rights, safety, or property may be recovered by the
8318	state, county, municipality, or political subdivision in a civil
8319	action against such officer, employee, or agent.
8320	(2)  Failure by a Florida College System institution
8321	community college board of trustees to perform any act
8322	authorized by this section shall not constitute a cause of
8323	action against a Florida College System institution community
8324	college or its trustees, officers, employees, or agents.
8325	Section 191.  Section 1012.855, Florida Statutes, is
8326	amended to read:
8327	1012.855  Employment of Florida College System institution
8328	community college personnel; discrimination in granting salary
8329	prohibited.-
8330	(1)(a)  Employment of all personnel in each Florida College
8331	System institution community college shall be upon
8332	recommendation of the president, subject to rejection for cause
8333	by the Florida College System institution community college
8334	board of trustees; to the rules of the State Board of Education
8335	relative to certification, tenure, leaves of absence of all
8336	types, including sabbaticals, remuneration, and such other
8337	conditions of employment as the State Board of Education deems
8338	necessary and proper; and to policies of the Florida College
8339	System institution community college board of trustees not
8340	inconsistent with law.
8341	(b)  Any internal auditor employed by a Florida College
8342	System institution community college shall be hired by the
8343	Florida College System institution community college board of
8344	trustees and shall report directly to the board.
8345	(2)  Each Florida College System institution community
8346	college board of trustees shall undertake a program to eradicate
8347	any discrimination on the basis of gender, race, or physical
8348	handicap in the granting of salaries to employees.
8349	Section 192.  Subsections (1), (2), (3), (5), and (6) of
8350	section 1012.86, Florida Statutes, are amended to read:
8351	1012.86  Florida College System institution Community
8352	college employment equity accountability program.-
8353	(1)  Each Florida College System institution community
8354	college shall include in its annual equity update a plan for
8355	increasing the representation of women and minorities in senior-
8356	level administrative positions and in full-time faculty
8357	positions, and for increasing the representation of women and
8358	minorities who have attained continuing-contract status.
8359	Positions shall be defined in the personnel data element
8360	directory of the Department of Education. The plan must include
8361	specific measurable goals and objectives, specific strategies
8362	and timelines for accomplishing these goals and objectives, and
8363	comparable national standards as provided by the Department of
8364	Education. The goals and objectives shall be based on meeting or
8365	exceeding comparable national standards and shall be reviewed
8366	and recommended by the State Board of Education as appropriate.
8367	Such plans shall be maintained until appropriate representation
8368	has been achieved and maintained for at least 3 consecutive
8369	reporting years.
8370	(2)(a)  On or before May 1 of each year, each Florida
8371	College System institution community college president shall
8372	submit an annual employment accountability plan to the
8373	Commissioner of Education and the State Board of Education. The
8374	accountability plan must show faculty and administrator
8375	employment data according to requirements specified on the
8376	federal Equal Employment Opportunity (EE0-6) report.
8377	(b)  The plan must show the following information for those
8378	positions including, but not limited to:
8379	1.  Job classification title.
8380	2.  Gender.
8381	3.  Ethnicity.
8382	4.  Appointment status.
8383	5.  Salary information. At each Florida College System
8384	institution community college, salary information shall also
8385	include the salary ranges in which new hires were employed
8386	compared to the salary ranges for employees with comparable
8387	experience and qualifications.
8388	6.  Other comparative information including, but not
8389	limited to, composite information regarding the total number of
8390	positions within the particular job title classification for the
8391	Florida College System institution community college by race,
8392	gender, and salary range compared to the number of new hires.
8393	7.  A statement certifying diversity and balance in the
8394	gender and ethnic composition of the selection committee for
8395	each vacancy, including a brief description of guidelines used
8396	for ensuring balanced and diverse membership on selection and
8397	review committees.
8398	(c)  The annual employment accountability plan shall also
8399	include an analysis and an assessment of the Florida College
8400	System institution's community college's attainment of annual
8401	goals and of long-range goals for increasing the number of women
8402	and minorities in faculty and senior-level administrative
8403	positions, and a corrective action plan for addressing
8404	underrepresentation.
8405	(d)  Each Florida College System institution's community
8406	college's employment accountability plan must also include:
8407	1.  The requirements for receiving a continuing contract.
8408	2.  A brief description of the process used to grant
8409	continuing-contract status.
8410	3.  A brief description of the process used to annually
8411	apprise each eligible faculty member of progress toward
8412	attainment of continuing-contract status.
8413	(3)  Florida College System institution Community college
8414	presidents and the heads of each major administrative division
8415	shall be evaluated annually on the progress made toward meeting
8416	the goals and objectives of the Florida College System
8417	institution's community college's employment accountability
8418	plan.
8419	(a)  The Florida College System institution community
8420	college presidents, or the presidents' designees, shall annually
8421	evaluate each department chairperson, dean, provost, and vice
8422	president in achieving the annual and long-term goals and
8423	objectives. A summary of the results of such evaluations shall
8424	be reported annually by the Florida College System institution
8425	community college president to the Florida College System
8426	institution community college board of trustees. Annual budget
8427	allocations by the Florida College System institution community
8428	college board of trustees for positions and funding must take
8429	into consideration these evaluations.
8430	(b)  Florida College System institution Community college
8431	boards of trustees shall annually evaluate the performance of
8432	the Florida College System institution community college
8433	presidents in achieving the annual and long-term goals and
8434	objectives. A summary of the results of such evaluations shall
8435	be reported to the Commissioner of Education and the State Board
8436	of Education as part of the Florida College System institution's
8437	community college's annual employment accountability plan, and
8438	to the Legislature as part of the annual equity progress report
8439	submitted by the State Board of Education.
8440	(5)  Each Florida College System institution community
8441	college shall develop a budgetary incentive plan to support and
8442	ensure attainment of the goals developed pursuant to this
8443	section. The plan shall specify, at a minimum, how resources
8444	shall be allocated to support the achievement of goals and the
8445	implementation of strategies in a timely manner. After prior
8446	review and approval by the Florida College System institution
8447	community college president and the Florida College System
8448	institution community college board of trustees, the plan shall
8449	be submitted as part of the annual employment accountability
8450	plan submitted by each Florida College System institution
8451	community college to the State Board of Education.
8452	(6)  Subject to available funding, the Legislature shall
8453	provide an annual appropriation to the State Board of Education
8454	to be allocated to Florida College System institution community
8455	college presidents, faculty, and administrative personnel to
8456	further enhance equity initiatives and related priorities that
8457	support the mission of colleges and departments in recognition
8458	of the attainment of the equity goals and objectives.
8459	Section 193.  Section 1012.865, Florida Statutes, is
8460	amended to read:
8461	1012.865  Sick leave.-Each Florida College System
8462	institution community college board of trustees shall adopt
8463	rules whereby any full-time employee who is unable to perform
8464	his or her duties at the Florida College System institution
8465	community college on account of personal sickness, accident
8466	disability, or extended personal illness, or because of illness
8467	or death of the employee's father, mother, brother, sister,
8468	husband, wife, child, or other close relative or member of the
8469	employee's own household, and who consequently has to be absent
8470	from work shall be granted leave of absence for sickness by the
8471	president or by the president's designated representative. The
8472	following provisions shall govern sick leave:
8473	(1)  DEFINITIONS.-As used in this section, unless the
8474	context otherwise requires, the term:
8475	(a)  "Educational support employee" means any person
8476	employed by a Florida College System institution community
8477	college as an education or administrative paraprofessional; a
8478	member of the operations, maintenance, or comparable department;
8479	or a secretary, clerical, or comparable level support employee.
8480	(b)  "Instructional staff" shall be used synonymously with
8481	the word "teacher" or "faculty" and includes faculty members,
8482	librarians, counselors, and other comparable members engaged in
8483	an instructional capacity in the Florida College System
8484	institution community college.
8485	(2)  EXTENT OF LEAVE WITH COMPENSATION.-
8486	(a)  Each full-time employee shall earn 1 day of sick leave
8487	with compensation for each calendar month or major fraction of a
8488	calendar month of service, not to exceed 12 days for each fiscal
8489	year. Such leave shall be taken only when necessary because of
8490	sickness as herein prescribed. Such sick leave shall be
8491	cumulative from year to year. Accumulated sick leave may be
8492	transferred from another Florida College System institution
8493	community college, the Florida Department of Education, a state
8494	university, a Florida district school board, or a state agency,
8495	provided that at least one-half of the sick leave accumulated at
8496	any time must have been established in the college in which such
8497	employee is currently employed.
8498	(b)  A Florida College System institution community college
8499	board of trustees may establish rules and prescribe procedures
8500	whereby a full-time employee may, at the beginning date of
8501	employment in any year, be credited with 12 days of sick leave
8502	with compensation in excess of the number of days the employee
8503	has earned. Upon termination of employment, the employee's final
8504	compensation shall be adjusted in an amount necessary to ensure
8505	that sick leave with compensation does not exceed the days of
8506	earned sick leave as provided herein.
8507	(c)  A Florida College System institution community college
8508	board of trustees may establish rules and prescribe standards to
8509	permit a full-time employee to be absent no more than 4 days for
8510	personal reasons. However, such absences for personal reasons
8511	shall be charged only to accrued sick leave, and leave for
8512	personal reasons shall be noncumulative.
8513	(d)  A Florida College System institution community college
8514	board of trustees may establish rules to provide terminal pay
8515	for accumulated sick leave to full-time instructional staff and
8516	educational support employees or to the employee's beneficiary
8517	if service is terminated by death. However, such terminal pay
8518	may not exceed an amount determined as follows:
8519	1.  During the first 3 years of service, the daily rate of
8520	pay multiplied by 35 percent times the number of days of
8521	accumulated sick leave.
8522	2.  During the next 3 years of service, the daily rate of
8523	pay multiplied by 40 percent times the number of days of
8524	accumulated sick leave.
8525	3.  During the next 3 years of service, the daily rate of
8526	pay multiplied by 45 percent times the number of days of
8527	accumulated sick leave.
8528	4.  During the 10th year of service, the daily rate of pay
8529	multiplied by 50 percent times the number of days of accumulated
8530	sick leave.
8531	5.  During the next 20 years of service, the daily rate of
8532	pay multiplied by 50 percent plus up to an additional 2.5
8533	percent per year for each year of service beyond 10 years, times
8534	the number of days of accumulated sick leave.
8535
8536	If an employee receives terminal pay benefits based on unused
8537	sick leave credit, all unused sick leave credit shall become
8538	invalid; however, if an employee terminates his or her
8539	employment without receiving terminal pay benefits and is
8540	reemployed, his or her sick leave credit shall be reinstated.
8541	(e)  A Florida College System institution community college
8542	board of trustees may, by rule, provide for terminal pay for
8543	accumulated unused sick leave to be paid to any full-time
8544	employee of a Florida College System institution community
8545	college other than instructional staff or educational support
8546	employees. If termination of employment is by death of the
8547	employee, any terminal pay to which the employee may have been
8548	entitled shall be made to the employee's beneficiary.
8549	1.  For unused sick leave accumulated before July 1, 2001,
8550	terminal pay shall be made pursuant to rules or policies of the
8551	board of trustees which were in effect on June 30, 2001.
8552	2.  For unused sick leave accumulated on or after July 1,
8553	2001, terminal payment may not exceed an amount equal to one-
8554	fourth of the employee's unused sick leave or 60 days of the
8555	employee's pay, whichever amount is less.
8556	3.  If the employee had an accumulated sick leave balance
8557	of 60 days or more on June 30, 2001, sick leave earned after
8558	that date may not be accumulated for terminal pay purposes until
8559	the accumulated leave balance as of June 30, 2001, is less than
8560	60 days.
8561	(3)  CLAIM MUST BE FILED.-Any full-time employee who finds
8562	it necessary to be absent from his or her duties because of
8563	illness as defined in this section shall notify the Florida
8564	College System institution community college president or a
8565	college official designated by the president, if possible before
8566	the opening of college on the day on which the employee must be
8567	absent or during the day, except when he or she is absent for
8568	emergency reasons recognized by the Florida College System
8569	institution community college board of trustees as valid. Any
8570	employee shall, before claiming and receiving compensation for
8571	the time absent from his or her duties while absent because of
8572	sick leave as prescribed in this section, make and file a
8573	written certificate which shall set forth the day or days
8574	absent, that such absence was necessary, and that he or she is
8575	entitled or not entitled to receive pay for such absence in
8576	accordance with the provisions of this section. The Florida
8577	College System institution community college board of trustees
8578	may adopt rules under which the president may require a
8579	certificate of illness from a licensed physician or from the
8580	county health officer.
8581	(4)  COMPENSATION.-Any full-time employee who has unused
8582	sick leave credit shall receive full-time compensation for the
8583	time justifiably absent on sick leave; however, no compensation
8584	may be allowed beyond that provided in subsection (6).
8585	(5)  EXPENDITURE AUTHORIZED.-Florida College System
8586	institution Community college boards of trustees may expend
8587	public funds for payment to employees on account of sickness.
8588	The expending and excluding of such funds shall be in compliance
8589	with rules adopted by the Department of Management Services
8590	pursuant to chapter 650.
8591	(6)  SICK LEAVE POOL.-Notwithstanding any other provision
8592	of this section, a Florida College System institution community
8593	college board of trustees may, by rule, based upon the
8594	maintenance of reliable and accurate records by the Florida
8595	College System institution community college showing the amount
8596	of sick leave which has been accumulated and is unused by
8597	employees in accordance with this section, establish a plan
8598	allowing participating full-time employees of the Florida
8599	College System institution community college to pool sick leave
8600	accrued and allowing any sick leave thus pooled to be disbursed
8601	to any participating employee who is in need of sick leave in
8602	excess of that amount he or she has personally accrued. Such
8603	rules shall include, but not be limited to, the following
8604	provisions:
8605	(a)  Participation in the sick leave pool shall at all
8606	times be voluntary on the part of employees.
8607	(b)  Any full-time employee shall be eligible for
8608	participation in the sick leave pool after 1 year of employment
8609	with the Florida College System institution community college,
8610	provided such employee has accrued a minimum amount of unused
8611	sick leave, which minimum shall be established by rule.
8612	(c)  Any sick leave pooled pursuant to this section shall
8613	be removed from the personally accumulated sick leave balance of
8614	the employee donating such leave.
8615	(d)  Participating employees shall make equal contributions
8616	to the sick leave pool. There shall be established a maximum
8617	amount of sick leave which may be contributed to the pool by an
8618	employee. After the initial contribution which an employee makes
8619	upon electing to participate, no further contributions shall be
8620	required except as may be necessary to replenish the pool. Any
8621	such further contribution shall be equally required of all
8622	employees participating in the pool.
8623	(e)  Any sick leave time drawn from the pool by a
8624	participating employee must be used for that employee's personal
8625	illness, accident, or injury.
8626	(f)  A participating employee will not be eligible to use
8627	sick leave from the pool until all of his or her sick leave has
8628	been depleted. There shall be established a maximum number of
8629	days for which an employee may draw sick leave from the sick
8630	leave pool.
8631	(g)  A participating employee who uses sick leave from the
8632	pool will not be required to recontribute such sick leave to the
8633	pool, except as otherwise provided herein.
8634	(h)  A participating employee who chooses to no longer
8635	participate in the sick leave pool will not be eligible to
8636	withdraw any sick leave already contributed to the pool.
8637	(i)  Alleged abuse of the use of the sick leave pool shall
8638	be investigated, and, on a finding of wrongdoing, the employee
8639	shall repay all of the sick leave credits drawn from the sick
8640	leave pool and shall be subject to such other disciplinary
8641	action as is determined by the board to be appropriate. Rules
8642	adopted for the administration of this program shall provide for
8643	the investigation of the use of sick leave utilized by the
8644	participating employee in the sick leave pool.
8645	Section 194.  Section 1012.87, Florida Statutes, is amended
8646	to read:
8647	1012.87  Retirement annuities.-Each Florida College System
8648	institution community college board of trustees may purchase
8649	annuities for its Florida College System institution community
8650	college personnel who have 25 or more years of creditable
8651	service and who have reached age 55 and have applied for
8652	retirement under the Florida Retirement System. No such annuity
8653	may provide for more than the total difference in retirement
8654	income between the retirement benefit based on average monthly
8655	compensation and creditable service as of the member's early
8656	retirement date and the early retirement benefit. Florida
8657	College System institution Community college boards of trustees
8658	may also purchase annuities for members of the Florida
8659	Retirement System who have out-of-state teaching service in
8660	another state or country which is documented as valid by the
8661	appropriate educational entity. Such annuities may be based on
8662	no more than 5 years of out-of-state teaching service and may
8663	equal, but not exceed, the benefits that would be payable under
8664	the Florida Retirement System if credit for out-of-state
8665	teaching was authorized under that system. Each Florida College
8666	System institution community college board of trustees may
8667	invest funds, purchase annuities, or provide local supplemental
8668	retirement programs for purposes of providing retirement
8669	annuities for Florida College System institution community
8670	college personnel. All such retirement annuities shall comply
8671	with s. 14, Art. X of the State Constitution.
8672	Section 195.  Section 1012.875, Florida Statutes, is
8673	amended to read:
8674	1012.875  State Community College System Optional
8675	Retirement Program.-Each Florida College System institution
8676	community college may implement an optional retirement program,
8677	if such program is established therefor pursuant to s.
8678	1001.64(20), under which annuity or other contracts providing
8679	retirement and death benefits may be purchased by, and on behalf
8680	of, eligible employees who participate in the program, in
8681	accordance with s. 403(b) of the Internal Revenue Code. Except
8682	as otherwise provided herein, this retirement program, which
8683	shall be known as the State Community College System Optional
8684	Retirement Program, may be implemented and administered only by
8685	an individual Florida College System institution community
8686	college or by a consortium of Florida College System
8687	institutions community colleges.
8688	(1)  As used in this section, the term:
8689	(a)  "Activation" means the date upon which an optional
8690	retirement program is first made available by the program
8691	administrator to eligible employees.
8692	(b)  "College" means Florida College System institutions
8693	community colleges as defined in s. 1000.21.
8694	(c)  "Department" means the Department of Management
8695	Services.
8696	(d)  "Program administrator" means the individual college
8697	or consortium of colleges responsible for implementing and
8698	administering an optional retirement program.
8699	(e)  "Program participant" means an eligible employee who
8700	has elected to participate in an available optional retirement
8701	program as authorized by this section.
8702	(2)  Participation in the optional retirement program
8703	provided by this section is limited to employees who satisfy the
8704	criteria set forth in s. 121.051(2)(c).
8705	(3)(a)  With respect to any employee who is eligible to
8706	participate in the optional retirement program by reason of
8707	qualifying employment commencing before the program's
8708	activation:
8709	1.  The employee may elect to participate in the optional
8710	retirement program in lieu of participation in the Florida
8711	Retirement System. To become a program participant, the employee
8712	must file with the personnel officer of the college, within 90
8713	days after the program's activation, a written election on a
8714	form provided by the Florida Retirement System and a completed
8715	application for an individual contract or certificate.
8716	2.  An employee's participation in the optional retirement
8717	program commences on the first day of the next full calendar
8718	month following the filing of the election and completed
8719	application with the program administrator and receipt of such
8720	election by the department. An employee's membership in the
8721	Florida Retirement System terminates on this same date.
8722	3.  Any such employee who fails to make an election to
8723	participate in the optional retirement program within 60 days
8724	after its activation has elected to retain membership in the
8725	Florida Retirement System.
8726	(b)  With respect to any employee who becomes eligible to
8727	participate in an optional retirement program by reason of
8728	qualifying employment commencing on or after the program's
8729	activation:
8730	1.  The employee may elect to participate in the optional
8731	retirement program in lieu of participation in the Florida
8732	Retirement System. To become a program participant, the employee
8733	must file with the personnel officer of the college, within 90
8734	days after commencing qualifying employment as provided in s.
8735	121.051(2)(c)4., a written election on a form provided by the
8736	Florida Retirement System and a completed application for an
8737	individual contract or certificate.
8738	2.  An employee's participation in the optional retirement
8739	program commences retroactive to the first day of qualifying
8740	employment following the filing of the election and completed
8741	application with the program administrator and receipt of such
8742	election by the department. An employee's membership in the
8743	Florida Retirement System terminates on this same date.
8744	3.  Any such employee who fails to make an election to
8745	participate in the optional retirement program within 90 days
8746	after commencing qualifying employment has elected to retain
8747	membership in the Florida Retirement System.
8748	(c)  Any employee who, on or after an optional retirement
8749	program's activation, becomes eligible to participate in the
8750	program by reason of a change in status due to the subsequent
8751	designation of the employee's position as one of those
8752	referenced in subsection (2), or due to the employee's
8753	appointment, promotion, transfer, or reclassification to a
8754	position referenced in subsection (2), must be notified by the
8755	college of the employee's eligibility to participate in the
8756	optional retirement program in lieu of participation in the
8757	Florida Retirement System. These eligible employees are subject
8758	to the provisions of paragraph (b) and may elect to participate
8759	in the optional retirement program in the same manner as those
8760	employees described in paragraph (b), except that the 90-day
8761	election period commences upon the date notice of eligibility is
8762	received by the employee and participation in the program begins
8763	the first day of the first full calendar month that the change
8764	in status becomes effective.
8765	(d)  Program participants must be fully and immediately
8766	vested in the optional retirement program upon issuance of an
8767	optional retirement program contract.
8768	(e)  The election by an eligible employee to participate in
8769	the optional retirement program is irrevocable for so long as
8770	the employee continues to meet the eligibility requirements set
8771	forth in this section and in s. 121.051(2)(c), except as
8772	provided in paragraph (i) or as provided in s. 121.051(2)(c)3.
8773	(f)  If a program participant becomes ineligible to
8774	continue participating in the optional retirement program
8775	pursuant to the criteria referenced in subsection (2), the
8776	employee becomes a member of the Florida Retirement System if
8777	eligible. The college must notify the department of an
8778	employee's change in eligibility status within 30 days after the
8779	event that makes the employee ineligible to continue
8780	participation in the optional retirement program.
8781	(g)  An eligible employee who is a member of the Florida
8782	Retirement System at the time of election to participate in the
8783	optional retirement program retains all retirement service
8784	credit earned under the Florida Retirement System at the rate
8785	earned. Additional service credit in the Florida Retirement
8786	System may not be earned while the employee participates in the
8787	optional retirement program, nor is the employee eligible for
8788	disability retirement under the Florida Retirement System. An
8789	eligible employee may transfer from the Florida Retirement
8790	System to his or her accounts under the State Community College
8791	Optional Retirement Program a sum representing the present value
8792	of his or her service credit accrued under the defined benefit
8793	program of the Florida Retirement System for the period between
8794	his or her first eligible transfer date from the defined benefit
8795	plan to the optional retirement program and the actual date of
8796	such transfer as provided in s. 121.051(2)(c)7. Upon such
8797	transfer, all such service credit previously earned under the
8798	defined benefit program of the Florida Retirement System during
8799	this period shall be nullified for purposes of entitlement to a
8800	future benefit under the defined benefit program of the Florida
8801	Retirement System.
8802	(h)  A program participant may not simultaneously
8803	participate in any other state-administered retirement system,
8804	plan, or class.
8805	(i)  Except as provided in s. 121.052(6)(d), a program
8806	participant who is or who becomes dually employed in two or more
8807	positions covered by the Florida Retirement System, one of which
8808	is eligible for an optional retirement program pursuant to this
8809	section and one of which is not, is subject to the dual
8810	employment provisions of chapter 121.
8811	(4)(a)  Each college must contribute on behalf of each
8812	program participant an amount equal to 10.43 percent of the
8813	participant's gross monthly compensation. The college shall
8814	deduct an amount approved by the district board of trustees of
8815	the college to provide for the administration of the optional
8816	retirement program. Payment of this contribution must be made
8817	either directly by the college or through the program
8818	administrator to the designated company contracting for payment
8819	of benefits to the program participant.
8820	(b)  Each college must contribute on behalf of each program
8821	participant an amount equal to the unfunded actuarial accrued
8822	liability portion of the employer contribution which would be
8823	required if the program participant were a member of the Regular
8824	Class of the Florida Retirement System. Payment of this
8825	contribution must be made directly by the college to the
8826	department for deposit in the Florida Retirement System Trust
8827	Fund.
8828	(c)  Each program participant who has been issued an
8829	optional retirement program contract may contribute by way of
8830	salary reduction or deduction a percentage of the program
8831	participant's gross compensation, but this percentage may not
8832	exceed the corresponding percentage contributed by the Florida
8833	College System institution community college to the optional
8834	retirement program. Payment of this contribution may be made
8835	either directly by the college or through the program
8836	administrator to the designated company contracting for payment
8837	of benefits to the program participant.
8838	(d)  Contributions to an optional retirement program by a
8839	college or a program participant are in addition to, and have no
8840	effect upon, contributions required now or in future by the
8841	federal Social Security Act.
8842	(e)  The college may accept for deposit into participant
8843	account or accounts contributions in the form of rollovers or
8844	direct trustee-to-trustee transfers by or on behalf of
8845	participants who are reasonably determined by the college to be
8846	eligible for rollover or transfer to the optional retirement
8847	program pursuant to the Internal Revenue Code, if such
8848	contributions are made in accordance with the applicable
8849	requirements of the college. Accounting for such contributions
8850	shall be in accordance with any applicable requirements of the
8851	Internal Revenue Code and the college.
8852	(5)(a)  The benefits to be provided to program participants
8853	must be provided through contracts, including individual
8854	contracts or individual certificates issued for group annuity or
8855	other contracts, which may be fixed, variable, or both, in
8856	accordance with s. 403(b) of the Internal Revenue Code. Each
8857	individual contract or certificate must state the type of
8858	contract on its face page, and must include at least a statement
8859	of ownership, the contract benefits, distribution options,
8860	limitations, expense charges, and surrender charges, if any.
8861	(b)  Benefits are payable under the optional retirement
8862	program to program participants or their beneficiaries, and the
8863	benefits must be paid only by the designated company in
8864	accordance with the terms of the contracts applicable to the
8865	program participant. Benefits shall accrue in individual
8866	accounts that are participant-directed, portable, and funded by
8867	employer contributions and the earnings thereon. Benefits funded
8868	by employer contributions are payable in accordance with the
8869	following terms and conditions:
8870	1.  Benefits shall be payable only to a participant, to his
8871	or her beneficiaries, or to his or her estate, as designated by
8872	the participant.
8873	2.  Benefits shall be paid by the provider company or
8874	companies in accordance with the law, the provisions of the
8875	contract, and any applicable employer rule or policy.
8876	3.  In the event of a participant's death, moneys
8877	accumulated by, or on behalf of, the participant, less
8878	withholding taxes remitted to the Internal Revenue Service, if
8879	any, shall be distributed to the participant's designated
8880	beneficiary or beneficiaries, or to the participant's estate, as
8881	if the participant retired on the date of death as provided in
8882	paragraph (d). No other death benefits shall be available for
8883	survivors of participants under the optional retirement program
8884	except for such benefits, or coverage for such benefits, as are
8885	separately afforded by the employer at the employer's
8886	discretion.
8887	(c)  Upon receipt by the provider company of a properly
8888	executed application for distribution of benefits, the total
8889	accumulated benefits shall be payable to the participant as:
8890	1.  A lump-sum distribution to the participant;
8891	2.  A lump-sum direct rollover distribution whereby all
8892	accrued benefits, plus interest and investment earnings, are
8893	paid from the participant's account directly to an eligible
8894	retirement plan as defined in s. 402(c)(8)(B) of the Internal
8895	Revenue Code, on behalf of the participant;
8896	3.  Periodic distributions;
8897	4.  A partial lump-sum payment whereby a portion of the
8898	accrued benefit is paid to the participant and the remaining
8899	amount is transferred to an eligible retirement plan, as defined
8900	in s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of
8901	the participant; or
8902	5.  Such other distribution options as are provided for in
8903	the participant's optional retirement program contract.
8904	(d)  Survivor benefits shall be payable as:
8905	1.  A lump-sum distribution payable to the beneficiaries or
8906	to the deceased participant's estate;
8907	2.  An eligible rollover distribution on behalf of the
8908	surviving spouse or beneficiary of a deceased participant
8909	whereby all accrued benefits, plus interest and investment
8910	earnings, are paid from the deceased participant's account
8911	directly to an eligible retirement plan, as described in s.
8912	402(c)(8)(B) of the Internal Revenue Code, on behalf of the
8913	surviving spouse;
8914	3.  Such other distribution options as are provided for in
8915	the participant's optional retirement program contract; or
8916	4.  A partial lump-sum payment whereby a portion of the
8917	accrued benefits are paid to the deceased participant's
8918	surviving spouse or other designated beneficiaries, less
8919	withholding taxes remitted to the Internal Revenue Service, if
8920	any, and the remaining amount is transferred directly to an
8921	eligible retirement plan, as described in s. 402(c)(8)(B) of the
8922	Internal Revenue Code, on behalf of the surviving spouse. The
8923	proportions must be specified by the participant or the
8924	surviving beneficiary.
8925
8926	Nothing in this paragraph abrogates other applicable provisions
8927	of state or federal law providing payment of death benefits.
8928	(e)  The benefits payable to any person under the optional
8929	retirement program, and any contribution accumulated under the
8930	program, are not subject to assignment, execution, attachment,
8931	or to any legal process whatsoever.
8932	(6)(a)  The optional retirement program authorized by this
8933	section must be implemented and administered by the program
8934	administrator under s. 403(b) of the Internal Revenue Code. The
8935	program administrator has the express authority to contract with
8936	a third party to fulfill any of the program administrator's
8937	duties.
8938	(b)  The program administrator shall solicit competitive
8939	bids or issue a request for proposal and select no more than
8940	four companies from which optional retirement program contracts
8941	may be purchased under the optional retirement program. In
8942	making these selections, the program administrator shall
8943	consider the following factors:
8944	1.  The financial soundness of the company.
8945	2.  The extent of the company's experience in providing
8946	annuity or other contracts to fund retirement programs.
8947	3.  The nature and extent of the rights and benefits
8948	provided to program participants in relation to the premiums
8949	paid.
8950	4.  The suitability of the rights and benefits provided to
8951	the needs of eligible employees and the interests of the college
8952	in the recruitment and retention of employees.
8953
8954	In lieu of soliciting competitive bids or issuing a request for
8955	proposals, the program administrator may authorize the purchase
8956	of annuity contracts under the optional retirement program from
8957	those companies currently selected by the department to offer
8958	such contracts through the State University System Optional
8959	Retirement Program, as set forth in s. 121.35.
8960	(c)  Optional retirement program annuity contracts must be
8961	approved in form and content by the program administrator in
8962	order to qualify. The program administrator may use the same
8963	annuity contracts currently used within the State University
8964	System Optional Retirement Program, as set forth in s. 121.35.
8965	(d)  The provision of each annuity contract applicable to a
8966	program participant must be contained in a written program
8967	description that includes a report of pertinent financial and
8968	actuarial information on the solvency and actuarial soundness of
8969	the program and the benefits applicable to the program
8970	participant. The company must furnish the description annually
8971	to the program administrator, and to each program participant
8972	upon commencement of participation in the program and annually
8973	thereafter.
8974	(e)  The program administrator must ensure that each
8975	program participant is provided annually with an accounting of
8976	the total contributions and the annual contributions made by and
8977	on the behalf of the program participant.
8978	Section 196.  Section 1012.88, Florida Statutes, is amended
8979	to read:
8980	1012.88  Florida College System institution Community
8981	college police.-
8982	(1)  Each Florida College System institution community
8983	college is permitted and empowered to employ police officers for
8984	the Florida College System institution community college, who
8985	must be designated Florida College System institution community
8986	college police.
8987	(2)  Each Florida College System institution community
8988	college police officer is a law enforcement officer of the state
8989	and a conservator of the peace who has the authority to arrest,
8990	in accordance with the laws of this state, any person for a
8991	violation of state law or applicable county or municipal
8992	ordinance if that violation occurs on or in any property or
8993	facilities of the Florida College System institution community
8994	college by which he or she is employed or any property or
8995	facilities of a direct-support organization of such Florida
8996	College System institution community college. A Florida College
8997	System institution community college police officer may also
8998	arrest a person off campus for a violation committed on campus
8999	after a hot pursuit of that person that began on any such
9000	property or facilities. A Florida College System institution
9001	community college police officer may bear arms in the
9002	performance of his or her duties and carry out a search pursuant
9003	to a search warrant on the campus where he or she is employed.
9004	Florida College System institution Community college police,
9005	upon request of the sheriff or local police authority, may serve
9006	subpoenas or other legal process and may make arrests of persons
9007	against whom arrest warrants have been issued or against whom
9008	charges have been made for violations of federal or state laws
9009	or county or municipal ordinances.
9010	(3)  Florida College System institution Community college
9011	police shall promptly deliver all persons arrested and charged
9012	with felonies to the sheriff of the county within which the
9013	Florida College System institution community college is located
9014	and all persons arrested and charged with misdemeanors to the
9015	applicable authority as provided by law, but otherwise to the
9016	sheriff of the county in which the Florida College System
9017	institution community college is located.
9018	(4)  Florida College System institution Community college
9019	police must meet the minimum standards established by the Police
9020	Standards and Training Commission of the Department of Law
9021	Enforcement and chapter 943 for law enforcement officers. Each
9022	Florida College System institution community college police
9023	officer must, before entering into the performance of his or her
9024	duties, take the oath of office established by the Florida
9025	College System institution community college. Each Florida
9026	College System institution community college that employs police
9027	officers may obtain and approve a bond on each police officer,
9028	conditioned upon the officer's faithful performance of his or
9029	her duties, which bond must be payable to the Governor. The
9030	Florida College System institution community college may
9031	determine the amount of the bond. In determining the amount of
9032	the bond, the Florida College System institution community
9033	college may consider the amount of money or property likely to
9034	be in the custody of the officer at any one time. The Florida
9035	College System institution community college shall provide a
9036	uniform set of identifying credentials to each Florida College
9037	System institution community college police officer it employs.
9038	(5)  In performance of any of the powers, duties, and
9039	functions authorized by law, Florida College System institution
9040	community college police have the same rights, protections, and
9041	immunities afforded other law enforcement officers.
9042	(6)  The Florida College System institution community
9043	college, with the approval of the Department of Law Enforcement,
9044	shall adopt rules, including, without limitation, rules for the
9045	appointment, employment, and removal of Florida College System
9046	institution community college police in accordance with the
9047	state Career Service System and shall establish in writing a
9048	policy manual, that includes, without limitation, procedures for
9049	managing routine law enforcement situations and emergency law
9050	enforcement situations. The Florida College System institution
9051	community college shall furnish a copy of the policy manual to
9052	each of the police officers it employs.
9053	Section 197.  Section 1012.885, Florida Statutes, is
9054	amended to read:
9055	1012.885  Remuneration of Florida College System
9056	institution community college presidents; limitations.-
9057	(1)  DEFINITIONS.-As used in this section, the term:
9058	(a)  "Appropriated state funds" means funds appropriated
9059	from the General Revenue Fund or funds appropriated from state
9060	trust funds.
9061	(b)  "Cash-equivalent compensation" means any benefit that
9062	may be assigned an equivalent cash value.
9063	(c)  "Remuneration" means salary, bonuses, and cash-
9064	equivalent compensation paid to a Florida College System
9065	institution community college president by his or her employer
9066	for work performed, excluding health insurance benefits and
9067	retirement benefits.
9068	(2)  LIMITATION ON COMPENSATION.-Notwithstanding any other
9069	law, resolution, or rule to the contrary, a Florida College
9070	System institution community college president may not receive
9071	more than $225,000 in remuneration annually from appropriated
9072	state funds. Only compensation, as defined in s. 121.021(22),
9073	provided to a Florida College System institution community
9074	college president may be used in calculating benefits under
9075	chapter 121.
9076	(3)  EXCEPTIONS.-This section does not prohibit any party
9077	from providing cash or cash-equivalent compensation from funds
9078	that are not appropriated state funds to a Florida College
9079	System institution community college president in excess of the
9080	limit in subsection (2). If a party is unable or unwilling to
9081	fulfill an obligation to provide cash or cash-equivalent
9082	compensation to a Florida College System institution community
9083	college president as permitted under this subsection,
9084	appropriated state funds may not be used to fulfill such
9085	obligation.
9086	Section 198.  Subsections (4) and (5) of section 1012.98,
9087	Florida Statutes, are amended to read:
9088	1012.98  School Community Professional Development Act.-
9089	(4)  The Department of Education, school districts,
9090	schools, Florida College System institutions community colleges,
9091	and state universities share the responsibilities described in
9092	this section. These responsibilities include the following:
9093	(a)  The department shall disseminate to the school
9094	community research-based professional development methods and
9095	programs that have demonstrated success in meeting identified
9096	student needs. The Commissioner of Education shall use data on
9097	student achievement to identify student needs. The methods of
9098	dissemination must include a web-based statewide performance
9099	support system, including a database of exemplary professional
9100	development activities, a listing of available professional
9101	development resources, training programs, and available
9102	assistance.
9103	(b)  Each school district shall develop a professional
9104	development system as specified in subsection (3). The system
9105	shall be developed in consultation with teachers, teacher-
9106	educators of Florida College System institutions community
9107	colleges and state universities, business and community
9108	representatives, and local education foundations, consortia, and
9109	professional organizations. The professional development system
9110	must:
9111	1.  Be approved by the department. All substantial
9112	revisions to the system shall be submitted to the department for
9113	review for continued approval.
9114	2.  Be based on analyses of student achievement data and
9115	instructional strategies and methods that support rigorous,
9116	relevant, and challenging curricula for all students. Schools
9117	and districts, in developing and refining the professional
9118	development system, shall also review and monitor school
9119	discipline data; school environment surveys; assessments of
9120	parental satisfaction; performance appraisal data of teachers,
9121	managers, and administrative personnel; and other performance
9122	indicators to identify school and student needs that can be met
9123	by improved professional performance.
9124	3.  Provide inservice activities coupled with followup
9125	support appropriate to accomplish district-level and school-
9126	level improvement goals and standards. The inservice activities
9127	for instructional personnel shall focus on analysis of student
9128	achievement data, ongoing formal and informal assessments of
9129	student achievement, identification and use of enhanced and
9130	differentiated instructional strategies that emphasize rigor,
9131	relevance, and reading in the content areas, enhancement of
9132	subject content expertise, integrated use of classroom
9133	technology that enhances teaching and learning, classroom
9134	management, parent involvement, and school safety.
9135	4.  Include a master plan for inservice activities,
9136	pursuant to rules of the State Board of Education, for all
9137	district employees from all fund sources. The master plan shall
9138	be updated annually by September 1, must be based on input from
9139	teachers and district and school instructional leaders, and must
9140	use the latest available student achievement data and research
9141	to enhance rigor and relevance in the classroom. Each district
9142	inservice plan must be aligned to and support the school-based
9143	inservice plans and school improvement plans pursuant to s.
9144	1001.42(18). District plans must be approved by the district
9145	school board annually in order to ensure compliance with
9146	subsection (1) and to allow for dissemination of research-based
9147	best practices to other districts. District school boards must
9148	submit verification of their approval to the Commissioner of
9149	Education no later than October 1, annually.
9150	5.  Require each school principal to establish and maintain
9151	an individual professional development plan for each
9152	instructional employee assigned to the school as a seamless
9153	component to the school improvement plans developed pursuant to
9154	s. 1001.42(18). The individual professional development plan
9155	must:
9156	a.  Be related to specific performance data for the
9157	students to whom the teacher is assigned.
9158	b.  Define the inservice objectives and specific measurable
9159	improvements expected in student performance as a result of the
9160	inservice activity.
9161	c.  Include an evaluation component that determines the
9162	effectiveness of the professional development plan.
9163	6.  Include inservice activities for school administrative
9164	personnel that address updated skills necessary for
9165	instructional leadership and effective school management
9166	pursuant to s. 1012.986.
9167	7.  Provide for systematic consultation with regional and
9168	state personnel designated to provide technical assistance and
9169	evaluation of local professional development programs.
9170	8.  Provide for delivery of professional development by
9171	distance learning and other technology-based delivery systems to
9172	reach more educators at lower costs.
9173	9.  Provide for the continuous evaluation of the quality
9174	and effectiveness of professional development programs in order
9175	to eliminate ineffective programs and strategies and to expand
9176	effective ones. Evaluations must consider the impact of such
9177	activities on the performance of participating educators and
9178	their students' achievement and behavior.
9179	(5)  Each district school board shall provide funding for
9180	the professional development system as required by s. 1011.62
9181	and the General Appropriations Act, and shall direct
9182	expenditures from other funding sources to continuously
9183	strengthen the system in order to increase student achievement
9184	and support instructional staff in enhancing rigor and relevance
9185	in the classroom. A school district may coordinate its
9186	professional development program with that of another district,
9187	with an educational consortium, or with a Florida College System
9188	institution community college or university, especially in
9189	preparing and educating personnel. Each district school board
9190	shall make available inservice activities to instructional
9191	personnel of nonpublic schools in the district and the state
9192	certified teachers who are not employed by the district school
9193	board on a fee basis not to exceed the cost of the activity per
9194	all participants.
9195	Section 199.  Subsections (3) and (16) of section 1013.01,
9196	Florida Statutes, are amended to read:
9197	1013.01  Definitions.-The following terms shall be defined
9198	as follows for the purpose of this chapter:
9199	(3)  "Board," unless otherwise specified, means a district
9200	school board, a Florida College System institution community
9201	college board of trustees, a university board of trustees, and
9202	the Board of Trustees for the Florida School for the Deaf and
9203	the Blind. The term "board" does not include the State Board of
9204	Education or the Board of Governors.
9205	(16)  "Public education capital outlay (PECO) funded
9206	projects" means site acquisition, renovation, remodeling,
9207	construction projects, and site improvements necessary to
9208	accommodate buildings, equipment, other structures, and special
9209	educational use areas that are built, installed, or established
9210	to serve primarily the educational instructional program of the
9211	district school board, Florida College System institution
9212	community college board of trustees, or university board of
9213	trustees.
9214	Section 200.  Paragraph (a) of subsection (2) of section
9215	1013.02, Florida Statutes, is amended to read:
9216	1013.02  Purpose; rules and regulations.-
9217	(2)(a)  The State Board of Education shall adopt rules
9218	pursuant to ss. 120.536(1) and 120.54 to implement the
9219	provisions of this chapter for school districts and Florida
9220	College System institutions community colleges.
9221	Section 201.  Section 1013.03, Florida Statutes, is amended
9222	to read:
9223	1013.03  Functions of the department and the Board of
9224	Governors.-The functions of the Department of Education as it
9225	pertains to educational facilities of school districts and
9226	Florida College System institutions community colleges and of
9227	the Board of Governors as it pertains to educational facilities
9228	of state universities shall include, but not be limited to, the
9229	following:
9230	(1)  Establish recommended minimum and maximum square
9231	footage standards for different functions and areas and
9232	procedures for determining the gross square footage for each
9233	educational facility to be funded in whole or in part by the
9234	state, including public broadcasting stations but excluding
9235	postsecondary special purpose laboratory space. The gross square
9236	footage determination standards may be exceeded when the core
9237	facility space of an educational facility is constructed or
9238	renovated to accommodate the future addition of classrooms to
9239	meet projected increases in student enrollment. The department
9240	and the Board of Governors shall encourage multiple use of
9241	facilities and spaces in educational plants.
9242	(2)  Establish, for the purpose of determining need,
9243	equitably uniform utilization standards for all types of like
9244	space, regardless of the level of education. These standards
9245	shall also establish, for postsecondary education classrooms, a
9246	minimum room utilization rate of 40 hours per week and a minimum
9247	station utilization rate of 60 percent. These rates shall be
9248	subject to increase based on national norms for utilization of
9249	postsecondary education classrooms.
9250	(3)  Require boards to submit other educational plant
9251	inventories data and statistical data or information relevant to
9252	construction, capital improvements, and related costs.
9253	(4)  Require each board and other appropriate agencies to
9254	submit complete and accurate financial data as to the amounts of
9255	funds from all sources that are available and spent for
9256	construction and capital improvements. The commissioner shall
9257	prescribe the format and the date for the submission of this
9258	data and any other educational facilities data. If any district
9259	does not submit the required educational facilities fiscal data
9260	by the prescribed date, the Commissioner of Education shall
9261	notify the district school board of this fact and, if
9262	appropriate action is not taken to immediately submit the
9263	required report, the district school board shall be directed to
9264	proceed pursuant to s. 1001.42(13)(b). If any Florida College
9265	System institution community college or university does not
9266	submit the required educational facilities fiscal data by the
9267	prescribed date, the same policy prescribed in this subsection
9268	for school districts shall be implemented.
9269	(5)  Administer, under the supervision of the Commissioner
9270	of Education, the Public Education Capital Outlay and Debt
9271	Service Trust Fund and the School District and Community College
9272	District Capital Outlay and Debt Service Trust Fund.
9273	(6)  Develop, review, update, revise, and recommend a
9274	mandatory portion of the Florida Building Code for educational
9275	facilities construction and capital improvement by Florida
9276	College System institution community college boards and district
9277	school boards.
9278	(7)  Provide training, technical assistance, and building
9279	code interpretation for requirements of the mandatory Florida
9280	Building Code for the educational facilities construction and
9281	capital improvement programs of the Florida College System
9282	institution community college boards and district school boards
9283	and, upon request, approve phase III construction documents for
9284	remodeling, renovation, or new construction of educational
9285	plants or ancillary facilities, except that university boards of
9286	trustees shall approve specifications and construction documents
9287	for their respective institutions pursuant to guidelines of the
9288	Board of Governors. The Department of Management Services may,
9289	upon request, provide similar services for the Florida School
9290	for the Deaf and the Blind and shall use the Florida Building
9291	Code and the Florida Fire Prevention Code.
9292	(8)  Provide minimum criteria, procedures, and training to
9293	boards to conduct educational plant surveys and document the
9294	determination of future needs.
9295	(9)  Make available to boards technical assistance,
9296	awareness training, and research and technical publications
9297	relating to lifesafety, casualty, sanitation, environmental,
9298	maintenance, and custodial issues; and, as needed, technical
9299	assistance for survey, planning, design, construction,
9300	operation, and evaluation of educational and ancillary
9301	facilities and plants, facilities administrative procedures
9302	review, and training for new administrators.
9303	(10)(a)  Review and validate surveys proposed or amended by
9304	the boards and recommend to the Commissioner of Education, or
9305	the Chancellor of the State University System, as appropriate,
9306	for approval, surveys that meet the requirements of this
9307	chapter.
9308	1.  The term "validate" as applied to surveys by school
9309	districts means to review inventory data as submitted to the
9310	department by district school boards; provide for review and
9311	inspection, where required, of student stations and aggregate
9312	square feet of inventory changed from satisfactory to
9313	unsatisfactory or changed from unsatisfactory to satisfactory;
9314	compare new school inventory to allocation limits provided by
9315	this chapter; review cost projections for conformity with cost
9316	limits set by s. 1013.64(6); compare total capital outlay full-
9317	time equivalent enrollment projections in the survey with the
9318	department's projections; review facilities lists to verify that
9319	student station and auxiliary facility space allocations do not
9320	exceed the limits provided by this chapter and related rules;
9321	review and confirm the application of uniform facility
9322	utilization factors, where provided by this chapter or related
9323	rules; utilize the documentation of programs offered per site,
9324	as submitted by the board, to analyze facility needs; confirm
9325	that need projections for career and adult educational programs
9326	comply with needs documented by the Department of Education; and
9327	confirm the assignment of full-time student stations to all
9328	space except auxiliary facilities, which, for purposes of
9329	exemption from student station assignment, include the
9330	following:
9331	a.  Cafeterias.
9332	b.  Multipurpose dining areas.
9333	c.  Media centers.
9334	d.  Auditoriums.
9335	e.  Administration.
9336	f.  Elementary, middle, and high school resource rooms, up
9337	to the number of such rooms recommended for the applicable
9338	occupant and space design capacity of the educational plant in
9339	the State Requirements for Educational Facilities, beyond which
9340	student stations must be assigned.
9341	g.  Elementary school skills labs, up to the number of such
9342	rooms recommended for the applicable occupant and space design
9343	capacity of the educational plant in the State Requirements for
9344	Educational Facilities, beyond which student stations must be
9345	assigned.
9346	h.  Elementary school art and music rooms.
9347	2.  The term "validate" as applied to surveys by Florida
9348	College System institutions community colleges and universities
9349	means to review and document the approval of each new site and
9350	official designation, where applicable; review the inventory
9351	database as submitted by each board to the department, including
9352	noncareer, and total capital outlay full-time equivalent
9353	enrollment projections per site and per college; provide for the
9354	review and inspection, where required, of student stations and
9355	aggregate square feet of space changed from satisfactory to
9356	unsatisfactory; utilize and review the documentation of programs
9357	offered per site submitted by the boards as accurate for
9358	analysis of space requirements and needs; confirm that needs
9359	projected for career and adult educational programs comply with
9360	needs documented by the Department of Education; compare new
9361	facility inventory to allocations limits as provided in this
9362	chapter; review cost projections for conformity with state
9363	averages or limits designated by this chapter; compare student
9364	enrollment projections in the survey to the department's
9365	projections; review facilities lists to verify that area
9366	allocations and space factors for generating space needs do not
9367	exceed the limits as provided by this chapter and related rules;
9368	confirm the application of facility utilization factors as
9369	provided by this chapter and related rules; and review, as
9370	submitted, documentation of how survey recommendations will
9371	implement the detail of current campus master plans and
9372	integrate with local comprehensive plans and development
9373	regulations.
9374	(b)  Recommend priority of projects to be funded.
9375	(11)  Prepare the commissioner's comprehensive fixed
9376	capital outlay legislative budget request and provide annually
9377	an estimate of the funds available for developing required 3-
9378	year priority lists. This amount shall be based upon the average
9379	percentage for the 5 prior years of funds appropriated by the
9380	Legislature for fixed capital outlay to each level of public
9381	education: public schools, Florida College System institutions
9382	community colleges, and universities.
9383	(12)  Perform any other functions that may be involved in
9384	educational facilities construction and capital improvement
9385	which shall ensure that the intent of the Legislature is
9386	implemented.
9387	Section 202.  Paragraph (a) of subsection (5) of section
9388	1013.12, Florida Statutes, is amended to read:
9389	1013.12  Casualty, safety, sanitation, and firesafety
9390	standards and inspection of property.-
9391	(5)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
9392	FACILITIES.-
9393	(a)  Firesafety inspections of Florida College System
9394	institution community college facilities shall comply with State
9395	Board of Education rules.
9396	Section 203.  Subsection (2) of section 1013.13, Florida
9397	Statutes, is amended to read:
9398	1013.13  Coordination of school safety information;
9399	construction design documents.-
9400	(2)  Each Florida College System institution community
9401	college president must provide to the law enforcement agency and
9402	fire department that has jurisdiction over the Florida College
9403	System institution community college a copy of the floor plans
9404	and other relevant documents for each educational facility as
9405	defined in s. 1013.01. After the initial submission of the floor
9406	plans and other relevant documents, the Florida College System
9407	institution community college president shall submit, by October
9408	1 of each year, revised floor plans and other relevant documents
9409	for each educational facility that was modified during the
9410	preceding year.
9411	Section 204.  Section 1013.19, Florida Statutes, is amended
9412	to read:
9413	1013.19  Purchase, conveyance, or encumbrance of property
9414	interests above surface of land; joint-occupancy structures.-For
9415	the purpose of implementing jointly financed construction
9416	project agreements, or for the construction of combined
9417	occupancy structures, any board may purchase, own, convey, sell,
9418	lease, or encumber airspace or any other interests in property
9419	above the surface of the land, provided the lease of airspace
9420	for nonpublic use is for such reasonable rent, length of term,
9421	and conditions as the board in its discretion may determine. All
9422	proceeds from such sale or lease shall be used by the board or
9423	boards receiving the proceeds solely for fixed capital outlay
9424	purposes. These purposes may include the renovation or
9425	remodeling of existing facilities owned by the board or the
9426	construction of new facilities; however, for a Florida College
9427	System institution community college board or university board,
9428	such new facility must be authorized by the Legislature. It is
9429	declared that the use of such rental by the board for public
9430	purposes in accordance with its statutory authority is a public
9431	use. Airspace or any other interest in property held by the
9432	Board of Trustees of the Internal Improvement Trust Fund or the
9433	State Board of Education may not be divested or conveyed without
9434	approval of the respective board. Any building, including any
9435	building or facility component that is common to both nonpublic
9436	and educational portions thereof, constructed in airspace that
9437	is sold or leased for nonpublic use pursuant to this section is
9438	subject to all applicable state, county, and municipal
9439	regulations pertaining to land use, zoning, construction of
9440	buildings, fire protection, health, and safety to the same
9441	extent and in the same manner as such regulations would be
9442	applicable to the construction of a building for nonpublic use
9443	on the appurtenant land beneath the subject airspace. Any
9444	educational facility constructed or leased as a part of a joint-
9445	occupancy facility is subject to all rules and requirements of
9446	the respective boards or departments having jurisdiction over
9447	educational facilities. Any contract executed by a university
9448	board of trustees pursuant to this section is subject to the
9449	provisions of s. 1010.62.
9450	Section 205.  Subsection (1), paragraph (c) of subsection
9451	(2), subsection (3), and paragraphs (b), (c), and (d) of
9452	subsection (4) of section 1013.23, Florida Statutes, are amended
9453	to read:
9454	1013.23  Energy efficiency contracting.-
9455	(1)  LEGISLATIVE INTENT.-The Legislature finds that
9456	investment in energy conservation measures in educational
9457	facilities can reduce the amount of energy consumed and produce
9458	immediate and long-term savings. It is the policy of this state
9459	to encourage school districts, Florida College System
9460	institutions community colleges, and state universities to
9461	invest in energy conservation measures that reduce energy
9462	consumption, produce a cost savings, and improve the quality of
9463	indoor air in facilities, and, when economically feasible, to
9464	build, operate, maintain, or renovate educational facilities in
9465	such a manner so as to minimize energy consumption and maximize
9466	energy savings. It is further the policy of this state to
9467	encourage school districts, Florida College System institutions
9468	community colleges, and state universities to reinvest any
9469	energy savings resulting from energy conservation measures into
9470	additional energy conservation efforts.
9471	(2)  DEFINITIONS.-For purposes of this section, the term:
9472	(c)  "Energy performance-based contract" means a contract
9473	for the evaluation, recommendation, and implementation of energy
9474	conservation measures which includes, at a minimum:
9475	1.  The design and installation of equipment to implement
9476	one or more of such measures, and, if applicable, operation and
9477	maintenance of such measures.
9478	2.  The amount of any actual annual savings. This amount
9479	must meet or exceed total annual contract payments made by the
9480	district school board, Florida College System institution
9481	community college board of trustees, or state university board
9482	of trustees for such contract.
9483	3.  Financing charges to be incurred by the district school
9484	board, Florida College System institution community college
9485	board of trustees, or state university board of trustees over
9486	the life of the contract.
9487	(3)  ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.-
9488	(a)  A district school board, Florida College System
9489	institution community college board of trustees, or state
9490	university board of trustees may enter into an energy
9491	performance-based contract with an energy performance contractor
9492	to significantly reduce energy or operating costs of an
9493	educational facility through one or more energy conservation
9494	measures.
9495	(b)  The energy performance contractor shall be selected in
9496	compliance with s. 287.055; except that in a case where a
9497	district school board, Florida College System institution
9498	community college board of trustees, or state university board
9499	of trustees determines that fewer than three firms are qualified
9500	to perform the required services, the requirement for agency
9501	selection of three firms, as provided in s. 287.055(4)(b), shall
9502	not apply and the bid requirements of s. 287.057 shall not
9503	apply.
9504	(c)  Before entering into a contract pursuant to this
9505	section, the district school board, Florida College System
9506	institution community college board of trustees, or state
9507	university board of trustees shall provide published notice of
9508	the meeting in which it proposes to award the contract, the
9509	names of the parties to the proposed contract, and the
9510	contract's purpose.
9511	(d)  Prior to the design and installation of the energy
9512	conservation measure, the district school board, Florida College
9513	System institution community college board of trustees, or state
9514	university board of trustees must obtain from the energy
9515	performance contractor a report that discloses all costs
9516	associated with the energy conservation measure and provides an
9517	estimate of the amount of the energy cost savings. The report
9518	must be reviewed by either the Department of Education or the
9519	Department of Management Services or signed and sealed by a
9520	registered professional engineer.
9521	(e)  A district school board, Florida College System
9522	institution community college board of trustees, or state
9523	university board of trustees may enter into an energy
9524	performance-based contract with an energy performance contractor
9525	if, after review of the report required by paragraph (d), it
9526	finds that the amount it would spend on the energy conservation
9527	measures recommended in the report will not exceed the amount to
9528	be saved in energy and operation costs over 20 years from the
9529	date of installation, based on life-cycle costing calculations,
9530	if the recommendations in the report were followed and if the
9531	energy performance contractor provides a written guarantee that
9532	the energy or operating cost savings will meet or exceed the
9533	costs of the system. The contract may provide for payments over
9534	a period of time not to exceed 20 years.
9535	(f)  A district school board, Florida College System
9536	institution community college board of trustees, or state
9537	university board of trustees may enter into an installment
9538	payment contract for the purchase and installation of energy
9539	conservation measures. The contract shall provide for payments
9540	of not less than one-twentieth of the price to be paid within 2
9541	years from the date of the complete installation and acceptance
9542	by the district school board, Florida College System institution
9543	community college board of trustees, or state university board
9544	of trustees, and the remaining costs to be paid at least
9545	quarterly, not to exceed a 20-year term based on life-cycle
9546	costing calculations.
9547	(g)  Energy performance-based contracts may extend beyond
9548	the fiscal year in which they become effective; however, the
9549	term of any contract shall expire at the end of each fiscal year
9550	and may be automatically renewed annually up to 20 years,
9551	subject to a district school board, Florida College System
9552	institution community college board of trustees, or state
9553	university board of trustees making sufficient annual
9554	appropriations based upon continued realized energy cost
9555	savings. Such contracts shall stipulate that the agreement does
9556	not constitute a debt, liability, or obligation of the state or
9557	a district school board, Florida College System institution
9558	community college board of trustees, or state university board
9559	of trustees, or a pledge of the faith and credit of the state or
9560	a district school board, Florida College System institution
9561	community college board of trustees, or state university board
9562	of trustees.
9563	(4)  CONTRACT PROVISIONS.-
9564	(b)  The contract shall provide that all payments, except
9565	obligations on termination of the contract before its
9566	expiration, are to be made over time, but not to exceed 20 years
9567	from the date of complete installation and acceptance by the
9568	district school board, Florida College System institution
9569	community college board of trustees, or state university board
9570	of trustees, and that the annual savings are guaranteed to the
9571	extent necessary to make annual payments to satisfy the
9572	contract.
9573	(c)  The contract must require that the energy performance
9574	contractor to whom the contract is awarded provide a 100-percent
9575	public construction bond to the district school board, Florida
9576	College System institution community college board of trustees,
9577	or state university board of trustees for its faithful
9578	performance, as required by s. 255.05.
9579	(d)  The contract shall require the energy performance
9580	contractor to provide to the district school board, Florida
9581	College System institution community college board of trustees,
9582	or state university board of trustees an annual reconciliation
9583	of the guaranteed energy cost savings. The energy performance
9584	contractor shall be liable for any annual savings shortfall
9585	which may occur. In the event that such reconciliation reveals
9586	an excess in annual energy cost savings, such excess savings
9587	shall not be used to cover potential energy cost savings
9588	shortages in subsequent contract years.
9589	Section 206.  Section 1013.231, Florida Statutes, is
9590	amended to read:
9591	1013.231  Florida College System institution Florida
9592	college and university energy consumption; 10-percent reduction
9593	goal.-
9594	(1)  Each Florida College System institution Florida
9595	college and state university shall strive to reduce its
9596	campuswide energy consumption by 10 percent. While savings may
9597	be accrued by any means, the goal shall be to implement energy
9598	use policies or procedures or both and any equipment retrofits
9599	that are necessary to carry out this reduction. The reduction
9600	may be obtained by either reducing the cost of the energy
9601	consumed or by reducing total energy usage, or a combination of
9602	both.
9603	(2)  Energy consumption expenditures incurred during the
9604	2007-2008 fiscal year shall be used to establish the benchmark
9605	for the 10-percent goal. If a Florida College System institution
9606	Florida college or state university can document that it has
9607	implemented energy use policies or procedures in the 2008-2009
9608	fiscal year or the 2009-2010 fiscal year that resulted in
9609	reduction in energy usage or costs, those reductions may be
9610	counted towards the 10-percent goal.
9611	(3)  Each Florida College System institution Florida
9612	college and state university shall submit a report to the
9613	Governor, the Speaker of the House of Representatives, and the
9614	President of the Senate by January 1, 2011, describing how they
9615	have met or plan to meet the 10-percent energy consumption
9616	reduction goal.
9617	Section 207.  Section 1013.25, Florida Statutes, is amended
9618	to read:
9619	1013.25  When university or Florida College System
9620	institution community college board of trustees may exercise
9621	power of eminent domain.-Whenever it becomes necessary for the
9622	welfare and convenience of any of its institutions or divisions
9623	to acquire private property for the use of such institutions,
9624	and this cannot be acquired by agreement satisfactory to a
9625	university or Florida College System institution community
9626	college board of trustees and the parties interested in, or the
9627	owners of, the private property, the board of trustees may
9628	exercise the power of eminent domain after receiving approval
9629	therefor from the Administration Commission and may then proceed
9630	to condemn the property in the manner provided by chapter 73 or
9631	chapter 74.
9632	Section 208.  Section 1013.27, Florida Statutes, is amended
9633	to read:
9634	1013.27  Purchase of land by municipality.-Any municipality
9635	wherein a Florida College System institution community college
9636	as defined by s. 1004.65 is situated may purchase land with
9637	municipal funds and to donate and convey the land or any other
9638	land to the Florida College System institution community college
9639	board of trustees.
9640	Section 209.  Paragraph (a) of subsection (1) and paragraph
9641	(a) of subsection (2) of section 1013.28, Florida Statutes, are
9642	amended to read:
9643	1013.28  Disposal of property.-
9644	(1)  REAL PROPERTY.-
9645	(a)  Subject to rules of the State Board of Education, a
9646	district school board, the Board of Trustees for the Florida
9647	School for the Deaf and the Blind, or a Florida College System
9648	institution community college board of trustees may dispose of
9649	any land or real property to which the board holds title which
9650	is, by resolution of the board, determined to be unnecessary for
9651	educational purposes as recommended in an educational plant
9652	survey. A district school board, the Board of Trustees for the
9653	Florida School for the Deaf and the Blind, or a Florida College
9654	System institution community college board of trustees shall
9655	take diligent measures to dispose of educational property only
9656	in the best interests of the public. However, appraisals may be
9657	obtained by the district school board, the Board of Trustees for
9658	the Florida School for the Deaf and the Blind, or the Florida
9659	College System institution community college board of trustees
9660	prior to or simultaneously with the receipt of bids.
9661	(2)  TANGIBLE PERSONAL PROPERTY.-
9662	(a)  Tangible personal property that has been properly
9663	classified as surplus by a district school board or Florida
9664	College System institution community college board of trustees
9665	shall be disposed of in accordance with the procedure
9666	established by chapter 274. However, the provisions of chapter
9667	274 shall not be applicable to a motor vehicle used in driver
9668	education to which title is obtained for a token amount from an
9669	automobile dealer or manufacturer. In such cases, the disposal
9670	of the vehicle shall be as prescribed in the contractual
9671	agreement between the automotive agency or manufacturer and the
9672	board.
9673	Section 210.  Section 1013.31, Florida Statutes, is amended
9674	to read:
9675	1013.31  Educational plant survey; localized need
9676	assessment; PECO project funding.-
9677	(1)  At least every 5 years, each board shall arrange for
9678	an educational plant survey, to aid in formulating plans for
9679	housing the educational program and student population, faculty,
9680	administrators, staff, and auxiliary and ancillary services of
9681	the district or campus, including consideration of the local
9682	comprehensive plan. The Department of Education shall document
9683	the need for additional career and adult education programs and
9684	the continuation of existing programs before facility
9685	construction or renovation related to career or adult education
9686	may be included in the educational plant survey of a school
9687	district or Florida College System institution community college
9688	that delivers career or adult education programs. Information
9689	used by the Department of Education to establish facility needs
9690	must include, but need not be limited to, labor market data,
9691	needs analysis, and information submitted by the school district
9692	or Florida College System institution community college.
9693	(a)  Survey preparation and required data.-Each survey
9694	shall be conducted by the board or an agency employed by the
9695	board. Surveys shall be reviewed and approved by the board, and
9696	a file copy shall be submitted to the Department of Education or
9697	the Chancellor of the State University System, as appropriate.
9698	The survey report shall include at least an inventory of
9699	existing educational and ancillary plants, including safe access
9700	facilities; recommendations for existing educational and
9701	ancillary plants; recommendations for new educational or
9702	ancillary plants, including the general location of each in
9703	coordination with the land use plan and safe access facilities;
9704	campus master plan update and detail for Florida College System
9705	institutions community colleges; the utilization of school
9706	plants based on an extended school day or year-round operation;
9707	and such other information as may be required by the Department
9708	of Education. This report may be amended, if conditions warrant,
9709	at the request of the department or commissioner.
9710	(b)  Required need assessment criteria for district,
9711	Florida College System institution community college, state
9712	university, and Florida School for the Deaf and the Blind plant
9713	surveys.-Educational plant surveys must use uniform data sources
9714	and criteria specified in this paragraph. Each revised
9715	educational plant survey and each new educational plant survey
9716	supersedes previous surveys.
9717	1.  The school district's survey must be submitted as a
9718	part of the district educational facilities plan defined in s.
9719	1013.35. To ensure that the data reported to the Department of
9720	Education as required by this section is correct, the department
9721	shall annually conduct an onsite review of 5 percent of the
9722	facilities reported for each school district completing a new
9723	survey that year. If the department's review finds the data
9724	reported by a district is less than 95 percent accurate, within
9725	1 year from the time of notification by the department the
9726	district must submit revised reports correcting its data. If a
9727	district fails to correct its reports, the commissioner may
9728	direct that future fixed capital outlay funds be withheld until
9729	such time as the district has corrected its reports so that they
9730	are not less than 95 percent accurate.
9731	2.  Each survey of a special facility, joint-use facility,
9732	or cooperative career education facility must be based on
9733	capital outlay full-time equivalent student enrollment data
9734	prepared by the department for school districts and Florida
9735	College System institutions community colleges and by the
9736	Chancellor of the State University System for universities. A
9737	survey of space needs of a joint-use facility shall be based
9738	upon the respective space needs of the school districts, Florida
9739	College System institutions community colleges, and
9740	universities, as appropriate. Projections of a school district's
9741	facility space needs may not exceed the norm space and occupant
9742	design criteria established by the State Requirements for
9743	Educational Facilities.
9744	3.  Each Florida College System institution's community
9745	college's survey must reflect the capacity of existing
9746	facilities as specified in the inventory maintained by the
9747	Department of Education. Projections of facility space needs
9748	must comply with standards for determining space needs as
9749	specified by rule of the State Board of Education. The 5-year
9750	projection of capital outlay student enrollment must be
9751	consistent with the annual report of capital outlay full-time
9752	student enrollment prepared by the Department of Education.
9753	4.  Each state university's survey must reflect the
9754	capacity of existing facilities as specified in the inventory
9755	maintained and validated by the Chancellor of the State
9756	University System. Projections of facility space needs must be
9757	consistent with standards for determining space needs as
9758	specified by regulation of the Board of Governors. The projected
9759	capital outlay full-time equivalent student enrollment must be
9760	consistent with the 5-year planned enrollment cycle for the
9761	State University System approved by the Board of Governors.
9762	5.  The district educational facilities plan of a school
9763	district and the educational plant survey of a Florida College
9764	System institution community college, state university, or the
9765	Florida School for the Deaf and the Blind may include space
9766	needs that deviate from approved standards for determining space
9767	needs if the deviation is justified by the district or
9768	institution and approved by the department or the Board of
9769	Governors, as appropriate, as necessary for the delivery of an
9770	approved educational program.
9771	(c)  Review and validation.-The Department of Education
9772	shall review and validate the surveys of school districts and
9773	Florida College System institutions community colleges, and the
9774	Chancellor of the State University System shall review and
9775	validate the surveys of universities, and any amendments thereto
9776	for compliance with the requirements of this chapter and shall
9777	recommend those in compliance for approval by the State Board of
9778	Education or the Board of Governors, as appropriate. Annually,
9779	the department shall perform an in-depth analysis of a
9780	representative sample of each survey of recommended needs for
9781	five districts selected by the commissioner from among districts
9782	with the largest need-to-revenue ratio. For the purpose of this
9783	subsection, the need-to-revenue ratio is determined by dividing
9784	the total 5-year cost of projects listed on the district survey
9785	by the total 5-year fixed capital outlay revenue projections
9786	from state and local sources as determined by the department.
9787	The commissioner may direct fixed capital outlay funds to be
9788	withheld from districts until such time as the survey accurately
9789	projects facilities needs.
9790	(d)  Periodic update of Florida Inventory of School
9791	Houses.-School districts shall periodically update their
9792	inventory of educational facilities as new capacity becomes
9793	available and as unsatisfactory space is eliminated. The State
9794	Board of Education shall adopt rules to determine the time frame
9795	in which districts must provide a periodic update.
9796	(2)  Only the district school superintendent, Florida
9797	College System institution community college president, or the
9798	university president shall certify to the Department of
9799	Education a project's compliance with the requirements for
9800	expenditure of PECO funds prior to release of funds.
9801	(a)  Upon request for release of PECO funds for planning
9802	purposes, certification must be made to the Department of
9803	Education that the need for and location of the facility are in
9804	compliance with the board-approved survey recommendations, that
9805	the project meets the definition of a PECO project and the
9806	limiting criteria for expenditures of PECO funding, and that the
9807	plan is consistent with the local government comprehensive plan.
9808	(b)  Upon request for release of construction funds,
9809	certification must be made to the Department of Education that
9810	the need and location of the facility are in compliance with the
9811	board-approved survey recommendations, that the project meets
9812	the definition of a PECO project and the limiting criteria for
9813	expenditures of PECO funding, and that the construction
9814	documents meet the requirements of the Florida Building Code for
9815	educational facilities construction or other applicable codes as
9816	authorized in this chapter.
9817	Section 211.  Subsection (1) of section 1013.36, Florida
9818	Statutes, is amended to read:
9819	1013.36  Site planning and selection.-
9820	(1)  Before acquiring property for sites, each district
9821	school board and Florida College System institution community
9822	college board of trustees shall determine the location of
9823	proposed educational centers or campuses. In making this
9824	determination, the board shall consider existing and anticipated
9825	site needs and the most economical and practicable locations of
9826	sites. The board shall coordinate with the long-range or
9827	comprehensive plans of local, regional, and state governmental
9828	agencies to assure the consistency of such plans. Boards are
9829	encouraged to locate district educational facilities proximate
9830	to urban residential areas to the extent possible, and shall
9831	seek to collocate district educational facilities with other
9832	public facilities, such as parks, libraries, and community
9833	centers, to the extent possible and to encourage using
9834	elementary schools as focal points for neighborhoods.
9835	Section 212.  Subsections (1) and (2) of section 1013.37,
9836	Florida Statutes, are amended to read:
9837	1013.37  State uniform building code for public educational
9838	facilities construction.-
9839	(1)  UNIFORM BUILDING CODE.-A uniform statewide building
9840	code for the planning and construction of public educational and
9841	ancillary plants by district school boards and Florida College
9842	System institution community college district boards of trustees
9843	shall be adopted by the Florida Building Commission within the
9844	Florida Building Code, pursuant to s. 553.73. Included in this
9845	code must be flood plain management criteria in compliance with
9846	the rules and regulations in 44 C.F.R. parts 59 and 60, and
9847	subsequent revisions thereto which are adopted by the Federal
9848	Emergency Management Agency. It is also the responsibility of
9849	the department to develop, as a part of the uniform building
9850	code, standards relating to:
9851	(a)  Prefabricated facilities or factory-built facilities
9852	that are designed to be portable, relocatable, demountable, or
9853	reconstructible; are used primarily as classrooms; and do not
9854	fall under the provisions of ss. 320.822-320.862. Such standards
9855	must permit boards to contract with the Department of Community
9856	Affairs for factory inspections by certified building code
9857	inspectors to certify conformance with applicable law and rules.
9858	The standards must comply with the requirements of s. 1013.20
9859	for relocatable facilities intended for long-term use as
9860	classroom space, and the relocatable facilities shall be
9861	designed subject to missile impact criteria of s. 423(24)(d)(1)
9862	of the Florida Building Code when located in the windborne
9863	debris region.
9864	(b)  The sanitation of educational and ancillary plants and
9865	the health of occupants of educational and ancillary plants.
9866	(c)  The safety of occupants of educational and ancillary
9867	plants as provided in s. 1013.12, except that the firesafety
9868	criteria shall be established by the State Fire Marshal in
9869	cooperation with the Florida Building Commission and the
9870	department and such firesafety requirements must be incorporated
9871	into the Florida Fire Prevention Code.
9872	(d)  Accessibility for children, notwithstanding the
9873	provisions of s. 553.512.
9874	(e)  The performance of life-cycle cost analyses on
9875	alternative architectural and engineering designs to evaluate
9876	their energy efficiencies.
9877	1.  The life-cycle cost analysis must consist of the sum
9878	of:
9879	a.  The reasonably expected fuel costs over the life of the
9880	building which are required to maintain illumination, water
9881	heating, temperature, humidity, ventilation, and all other
9882	energy-consuming equipment in a facility; and
9883	b.  The reasonable costs of probable maintenance, including
9884	labor and materials, and operation of the building.
9885	2.  For computation of the life-cycle costs, the department
9886	shall develop standards that must include, but need not be
9887	limited to:
9888	a.  The orientation and integration of the facility with
9889	respect to its physical site.
9890	b.  The amount and type of glass employed in the facility
9891	and the directions of exposure.
9892	c.  The effect of insulation incorporated into the facility
9893	design and the effect on solar utilization of the properties of
9894	external surfaces.
9895	d.  The variable occupancy and operating conditions of the
9896	facility and subportions of the facility.
9897	e.  An energy-consumption analysis of the major equipment
9898	of the facility's heating, ventilating, and cooling system;
9899	lighting system; and hot water system and all other major
9900	energy-consuming equipment and systems as appropriate.
9901	3.  Life-cycle cost criteria published by the Department of
9902	Education for use in evaluating projects.
9903	4.  Standards for construction materials and systems based
9904	on life-cycle costs that consider initial costs, maintenance
9905	costs, custodial costs, operating costs, and life expectancy.
9906	The standards may include multiple acceptable materials. It is
9907	the intent of the Legislature to require district school boards
9908	to comply with these standards when expending funds from the
9909	Public Education Capital Outlay and Debt Service Trust Fund or
9910	the School District and Community College District Capital
9911	Outlay and Debt Service Trust Fund and to prohibit district
9912	school boards from expending local capital outlay revenues for
9913	any project that includes materials or systems that do not
9914	comply with these standards, unless the district school board
9915	submits evidence that alternative materials or systems meet or
9916	exceed standards developed by the department.
9917
9918	It is not a purpose of the Florida Building Code to inhibit the
9919	use of new materials or innovative techniques; nor may it
9920	specify or prohibit materials by brand names. The code must be
9921	flexible enough to cover all phases of construction so as to
9922	afford reasonable protection for the public safety, health, and
9923	general welfare. The department may secure the service of other
9924	state agencies or such other assistance as it finds desirable in
9925	recommending to the Florida Building Commission revisions to the
9926	code.
9927	(2)  APPROVAL.-
9928	(a)  Before a contract has been let for the construction,
9929	the department, the district school board, the Florida College
9930	System institution community college board, or its authorized
9931	review agent must approve the phase III construction documents.
9932	A district school board or a Florida College System institution
9933	community college board may reuse prototype plans on another
9934	site, provided the facilities list and phase III construction
9935	documents have been updated for the new site and for compliance
9936	with the Florida Building Code and the Florida Fire Prevention
9937	Code and any laws relating to firesafety, health and sanitation,
9938	casualty safety, and requirements for the physically handicapped
9939	which are in effect at the time a construction contract is to be
9940	awarded.
9941	(b)  In reviewing plans for approval, the department, the
9942	district school board, the Florida College System institution
9943	community college board, or its review agent as authorized in s.
9944	1013.38, shall take into consideration:
9945	1.  The need for the new facility.
9946	2.  The educational and ancillary plant planning.
9947	3.  The architectural and engineering planning.
9948	4.  The location on the site.
9949	5.  Plans for future expansion.
9950	6.  The type of construction.
9951	7.  Sanitary provisions.
9952	8.  Conformity to Florida Building Code standards.
9953	9.  The structural design and strength of materials
9954	proposed to be used.
9955	10.  The mechanical design of any heating, air-
9956	conditioning, plumbing, or ventilating system. Typical heating,
9957	ventilating, and air-conditioning systems preapproved by the
9958	department for specific applications may be used in the design
9959	of educational facilities.
9960	11.  The electrical design of educational plants.
9961	12.  The energy efficiency and conservation of the design.
9962	13.  Life-cycle cost considerations.
9963	14.  The design to accommodate physically handicapped
9964	persons.
9965	15.  The ratio of net to gross square footage.
9966	16.  The proposed construction cost per gross square foot.
9967	17.  Conformity with the Florida Fire Prevention Code.
9968	(c)  The district school board or the Florida College
9969	System institution community college board may not occupy a
9970	facility until the project has been inspected to verify
9971	compliance with statutes, rules, and codes affecting the health
9972	and safety of the occupants. Verification of compliance with
9973	rules, statutes, and codes for nonoccupancy projects such as
9974	roofing, paving, site improvements, or replacement of equipment
9975	may be certified by the architect or engineer of record, and
9976	verification of compliance for other projects may be made by an
9977	inspector certified by the department or certified pursuant to
9978	chapter 468 who is not the architect or engineer of record. The
9979	board shall maintain a record of the project's completion and
9980	permanent archive of phase III construction documents, including
9981	any addenda and change orders to the project. The boards shall
9982	provide project data to the department, as requested, for
9983	purposes and reports needed by the Legislature.
9984	Section 213.  Paragraph (c) of subsection (1) of section
9985	1013.371, Florida Statutes, is amended to read:
9986	1013.371  Conformity to codes.-
9987	(1)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE
9988	PREVENTION CODE REQUIRED FOR APPROVAL.-
9989	(c)  A board may not approve any plans for the
9990	construction, renovation, remodeling, or demolition of any
9991	educational or ancillary plants unless these plans conform to
9992	the requirements of the Florida Building Code and the Florida
9993	Fire Prevention Code. Each board may adopt policies for
9994	delegating to the district school superintendent, Florida
9995	College System institution community college president, or
9996	university president authority for submitting documents to the
9997	department and for awarding contracts subsequent to and
9998	consistent with board approval of the scope, timeframes, funding
9999	source, and budget of a survey-recommended project.
10000	Section 214.  Section 1013.40, Florida Statutes, is amended
10001	to read:
10002	1013.40  Planning and construction of Florida College
10003	System institution community college facilities; property
10004	acquisition.-
10005	(1)  The need for Florida College System institution
10006	community college facilities shall be established by a survey
10007	conducted pursuant to this chapter. The facilities recommended
10008	by such survey must be approved by the State Board of Education,
10009	and the projects must be constructed according to the provisions
10010	of this chapter and State Board of Education rules.
10011	(2)  No Florida College System institution community
10012	college may expend public funds for the acquisition of
10013	additional property without the specific approval of the
10014	Legislature.
10015	(3)  No facility may be acquired or constructed by a
10016	Florida College System institution community college or its
10017	direct-support organization if such facility requires general
10018	revenue funds for operation or maintenance upon project
10019	completion or in subsequent years of operation, unless prior
10020	approval is received from the Legislature.
10021	(4)  The campus of a Florida College System institution
10022	community college within a municipality designated as an area of
10023	critical state concern, as defined in s. 380.05, and having a
10024	comprehensive plan and land development regulations containing a
10025	building permit allocation system that limits annual growth, may
10026	construct dormitories for up to 100 beds for Florida College
10027	System institution community college students. Such dormitories
10028	shall be exempt from the building permit allocation system and
10029	may be constructed up to 45 feet in height provided that they
10030	are otherwise consistent with the comprehensive plan, the
10031	Florida College System institution community college has a
10032	hurricane evacuation plan that requires all dormitory occupants
10033	to be evacuated 48 hours in advance of tropical force winds, and
10034	that transportation is provided for dormitory occupants during
10035	an evacuation.
10036	Section 215.  Paragraph (a) of subsection (1) of section
10037	1013.44, Florida Statutes, is amended to read:
10038	1013.44  Low-energy use design; solar energy systems;
10039	swimming pool heaters.-
10040	(1)(a)  Passive design elements and low-energy usage
10041	features shall be included in the design and construction of new
10042	educational facilities. Operable glazing consisting of at least
10043	5 percent of the floor area shall be placed in each classroom
10044	located on the perimeter of the building. For a relocatable
10045	classroom, the area of operable glazing and the area of exterior
10046	doors, together, shall consist of at least 5 percent of the
10047	floor area. Operable glazing is not required in Florida College
10048	System institutions community colleges, auxiliary facilities,
10049	music rooms, gyms, locker and shower rooms, special laboratories
10050	requiring special climate control, and large group instruction
10051	areas having a capacity of more than 100 persons.
10052	Section 216.  Paragraph (b) of subsection (1) and
10053	subsection (2) of section 1013.51, Florida Statutes, are amended
10054	to read:
10055	1013.51  Expenditures authorized for certain
10056	infrastructure.-
10057	(1)
10058	(b)  A board may pay its proportionate share of the cost of
10059	onsite and offsite system improvements necessitated by the
10060	educational facility development, but a board is not required to
10061	pay for or install any improvements that exceed those required
10062	to meet the onsite and offsite needs of a new public educational
10063	facility or an expanded site. Development exactions assessed
10064	against school boards or Florida College System institution
10065	community college districts may not exceed the proportionate
10066	share of the cost of system improvements necessitated by the
10067	educational facility development and may not address existing
10068	facility or service backlogs or deficits.
10069	(2)  The provisions of any law, municipal ordinance, or
10070	county ordinance to the contrary notwithstanding, the provisions
10071	of this section regulate the levying of assessments for special
10072	benefits on school or Florida College System institution
10073	community college districts and the directing of the payment
10074	thereof. Any municipal ordinance or county ordinance making
10075	provision to the contrary is void.
10076	Section 217.  Subsections (1) and (4) of section 1013.52,
10077	Florida Statutes, are amended to read:
10078	1013.52  Cooperative development and joint use of
10079	facilities by two or more boards.-
10080	(1)  Two or more boards, including district school boards,
10081	Florida College System institution community college boards of
10082	trustees, the Board of Trustees for the Florida School for the
10083	Deaf and the Blind, and university boards of trustees, desiring
10084	to cooperatively establish a common educational facility to
10085	accommodate students shall:
10086	(a)  Jointly request a formal assessment by the
10087	Commissioner of Education or the Chancellor of the State
10088	University System, as appropriate, of the academic program need
10089	and the need to build new joint-use facilities to house approved
10090	programs. Completion of the assessment and approval of the
10091	project by the State Board of Education, the Board of Governors,
10092	the Chancellor of the State University System, or the
10093	Commissioner of Education, as appropriate, should be done prior
10094	to conducting an educational facilities survey.
10095	(b)  Demonstrate the need for construction of new joint-use
10096	facilities involving postsecondary institutions by those
10097	institutions presenting evidence of the presence of sufficient
10098	actual full-time equivalent enrollments in the locale in leased,
10099	rented, or borrowed spaces to justify the requested facility for
10100	the programs identified in the formal assessment rather than
10101	using projected or anticipated future full-time equivalent
10102	enrollments as justification. If the decision is made to
10103	construct new facilities to meet this demonstrated need, then
10104	building plans should consider full-time equivalent enrollment
10105	growth facilitated by this new construction and subsequent new
10106	program offerings made possible by the existence of the new
10107	facilities.
10108	(c)  Adopt and submit to the Commissioner of Education, and
10109	the Chancellor of the State University System if the joint
10110	request involves a state university, a joint resolution of the
10111	participating boards indicating their commitment to the
10112	utilization of the requested facility and designating the locale
10113	of the proposed facility. The joint resolution shall contain a
10114	statement of determination by the participating boards that
10115	alternate options, including the use of leased, rented, or
10116	borrowed space, were considered and found less appropriate than
10117	construction of the proposed facility. The joint resolution
10118	shall contain assurance that the development of the proposed
10119	facility has been examined in conjunction with the programs
10120	offered by neighboring public educational facilities offering
10121	instruction at the same level. The joint resolution also shall
10122	contain assurance that each participating board shall provide
10123	for continuity of educational progression. All joint resolutions
10124	shall be submitted by August 1 for consideration of funding by
10125	the subsequent Legislature.
10126	(d)  Submit requests for funding of joint-use facilities
10127	projects involving state universities and Florida College System
10128	institutions community colleges for approval by the Commissioner
10129	of Education and the Chancellor of the State University System.
10130	The Commissioner of Education and the Chancellor of the State
10131	University System shall jointly determine the priority for
10132	funding these projects in relation to the priority of all other
10133	capital outlay projects under their consideration. To be
10134	eligible for funding from the Public Education Capital Outlay
10135	and Debt Service Trust Fund under the provisions of this
10136	section, projects involving both state universities and Florida
10137	College System institutions community colleges shall appear on
10138	the 3-year capital outlay priority lists of Florida College
10139	System institutions community colleges and of universities
10140	required by s. 1013.64. Projects involving a state university,
10141	Florida College System institution community college, and a
10142	public school, and in which the larger share of the proposed
10143	facility is for the use of the state university or the Florida
10144	College System institution community college, shall appear on
10145	the 3-year capital outlay priority lists of the Florida College
10146	System institutions community colleges or of the universities,
10147	as applicable.
10148	(e)  Include in their joint resolution for the joint-use
10149	facilities, comprehensive plans for the operation and management
10150	of the facility upon completion. Institutional responsibilities
10151	for specific functions shall be identified, including
10152	designation of one participating board as sole owner of the
10153	facility. Operational funding arrangements shall be clearly
10154	defined.
10155	(4)  No district school board, Florida College System
10156	institution community college, or state university shall receive
10157	funding for more than one approved joint-use facility per campus
10158	in any 3-year period.
10159	Section 218.  Subsections (1) and (2) of section 1013.60,
10160	Florida Statutes, are amended to read:
10161	1013.60  Legislative capital outlay budget request.-
10162	(1)  The Commissioner of Education shall develop a
10163	procedure deemed appropriate in arriving at the amounts required
10164	to fund projects as reflected in the integrated, comprehensive
10165	budget request required by this section. The official estimates
10166	for funds accruing to the Public Education Capital Outlay and
10167	Debt Service Trust Fund made by the Revenue Estimating
10168	Conference shall be used in determining the budget request
10169	pursuant to this section. The commissioner, in consultation with
10170	the appropriations committees of the Legislature, shall provide
10171	annually an estimate of funds that shall be utilized by Florida
10172	College System institutions community colleges and universities
10173	in developing their required 3-year priority lists pursuant to
10174	s. 1013.64.
10175	(2)  The commissioner shall submit to the Governor and to
10176	the Legislature an integrated, comprehensive budget request for
10177	educational facilities construction and fixed capital outlay
10178	needs for school districts, Florida College System institutions
10179	community colleges, and universities, pursuant to the provisions
10180	of s. 1013.64 and applicable provisions of chapter 216. Each
10181	Florida College System institution community college board of
10182	trustees and each university board of trustees shall submit to
10183	the commissioner a 3-year plan and data required in the
10184	development of the annual capital outlay budget. The information
10185	that is approved by the Board of Governors must be submitted to
10186	the Commissioner of Education for inclusion in the comprehensive
10187	budget request for educational facilities. No further
10188	disbursements shall be made from the Public Education Capital
10189	Outlay and Debt Service Trust Fund to a board of trustees that
10190	fails to timely submit the required data until such board of
10191	trustees submits the data.
10192	Section 219.  Subsection (4) of section 1013.64, Florida
10193	Statutes, is amended to read:
10194	1013.64  Funds for comprehensive educational plant needs;
10195	construction cost maximums for school district capital
10196	projects.-Allocations from the Public Education Capital Outlay
10197	and Debt Service Trust Fund to the various boards for capital
10198	outlay projects shall be determined as follows:
10199	(4)(a)  Florida College System institution Community
10200	college boards of trustees and university boards of trustees
10201	shall receive funds for projects based on a 3-year priority
10202	list, to be updated annually, which is submitted to the
10203	Legislature in the legislative budget request at least 90 days
10204	prior to the legislative session. The State Board of Education
10205	shall submit a 3-year priority list for Florida College System
10206	institutions community colleges, and the Board of Governors
10207	shall submit a 3-year priority list for universities. The lists
10208	shall reflect decisions by the State Board of Education for
10209	Florida College System institutions community colleges and the
10210	Board of Governors for state universities concerning program
10211	priorities that implement the statewide plan for program growth
10212	and quality improvement in education. No remodeling or
10213	renovation project shall be included on the 3-year priority list
10214	unless the project has been recommended pursuant to s. 1013.31
10215	or is for the purpose of correcting health and safety
10216	deficiencies. No new construction project shall be included on
10217	the first year of the 3-year priority list unless the
10218	educational specifications have been approved by the
10219	commissioner for a Florida College System institution community
10220	college project or by the Board of Governors for a university
10221	project, as applicable. The funds requested for a new
10222	construction project in the first year of the 3-year priority
10223	list shall be in conformance with the scope of the project as
10224	defined in the educational specifications. Any new construction
10225	project requested in the first year of the 3-year priority list
10226	which is not funded by the Legislature shall be carried forward
10227	to be listed first in developing the updated 3-year priority
10228	list for the subsequent year's capital outlay budget. Should the
10229	order of the priority of the projects change from year to year,
10230	a justification for such change shall be included with the
10231	updated priority list.
10232	(b)  Florida College System institution Community college
10233	boards of trustees and university boards of trustees may lease
10234	relocatable educational facilities for up to 3 years using
10235	nonbonded PECO funds.
10236	(c)  Florida College System institution Community college
10237	boards of trustees and university boards of trustees shall
10238	receive funds for remodeling, renovation, maintenance and
10239	repairs, and site improvement for existing satisfactory
10240	facilities pursuant to subsection (1).
10241	Section 220.  Subsection (7) of section 1013.65, Florida
10242	Statutes, is amended to read:
10243	1013.65  Educational and ancillary plant construction
10244	funds; Public Education Capital Outlay and Debt Service Trust
10245	Fund; allocation of funds.-
10246	(7)  Boards and entities authorized to participate in the
10247	trust fund are district school boards, the Florida College
10248	System institution community college boards of trustees, the
10249	Trustees of the Florida School for the Deaf and the Blind, and
10250	university boards of trustees and other units of the state
10251	system of public education, and other educational entities for
10252	which funds are authorized by the Legislature.
10253	Section 221.  Subsections (1) and (2) of section 1013.81,
10254	Florida Statutes, are amended to read:
10255	1013.81  Florida College System institution Community
10256	college indebtedness; bonds and tax anticipation certificates;
10257	payment.-
10258	(1)  The indebtedness incurred for the benefit of Florida
10259	College System institutions community colleges and represented
10260	by bonds or motor vehicle tax anticipation certificates issued
10261	from time to time by the State Board of Education, hereinafter
10262	called "state board," pursuant to s. 18, Art. XII of the State
10263	Constitution of 1885 on behalf of the several former county
10264	boards of public instruction shall not be considered by the
10265	state board in determining the amount of bonds or motor vehicle
10266	tax anticipation certificates which the state board may issue
10267	from time to time on behalf of the several school districts
10268	under the provisions of s. 9(d), Art. XII of the State
10269	Constitution, as amended at the general election held on
10270	November 7, 1972, hereinafter called "school capital outlay
10271	amendment." Such indebtedness incurred on behalf of Florida
10272	College System institutions community colleges, as described
10273	above, shall be considered by the state board in determining the
10274	amount of bonds or motor vehicle tax anticipation certificates
10275	which the state board may issue from time to time on behalf of
10276	the several Florida College System institution community college
10277	districts under the provisions of the school capital outlay
10278	amendment.
10279	(2)  The debt service requirements on the indebtedness
10280	incurred for the benefit of Florida College System institutions
10281	community colleges and represented by bonds or motor vehicle tax
10282	anticipation certificates issued from time to time by the state
10283	board on behalf of the several former county boards of public
10284	instruction, as described in subsection (1), shall be paid from
10285	funds distributable pursuant to the school capital outlay
10286	amendment to the credit of the several Florida College System
10287	institution community college districts, and not from funds
10288	distributable pursuant to the school capital outlay amendment to
10289	the credit of the several school districts.
10290	Reviser's note.-Amended pursuant to the directive in
10291	s. 21, ch. 2010-70, Laws of Florida, to substitute the
10292	term "Florida College System institution" for the
10293	terms "Florida college," "community college," and
10294	"junior college" where those terms appear in the
10295	Florida K-20 Education Code.
10296	Section 222.  This act shall take effect on the 60th day
10297	after adjournment sine die of the session of the Legislature in
10298	which enacted.

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