Bill Text: FL S1720 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2013-05-20 - Chapter No. 2013-51, companion bill(s) passed, see CS/CS/SB 1076 (Ch. 2013-27), SB 1500 (Ch. 2013-40) [S1720 Detail]
Download: Florida-2013-S1720-Engrossed.html
Bill Title: Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2013-05-20 - Chapter No. 2013-51, companion bill(s) passed, see CS/CS/SB 1076 (Ch. 2013-27), SB 1500 (Ch. 2013-40) [S1720 Detail]
Download: Florida-2013-S1720-Engrossed.html
CS for CS for SB 1720 First Engrossed
20131720e1
1 A bill to be entitled
2 An act relating to education; amending s. 11.45, F.S.;
3 revising actions to be taken by the Legislative
4 Auditing Committee relating to audits of state
5 universities and Florida College System institutions;
6 amending s. 1001.02, F.S.; requiring the State Board
7 of Education to specify the college credit courses
8 that may be taken by Florida College System
9 institution students who are concurrently
10 participating in developmental education; requiring
11 the State Board of Education to establish the tuition
12 and out-of-state fees for certain credit instruction,
13 rather than college-preparatory instruction; revising
14 the minimum standards, definitions, and guidelines
15 that the State Board of Education must prescribe by
16 rule for Florida College System institutions; amending
17 s. 1001.64, F.S.; authorizing a board of trustees at a
18 Florida College System institution to contract with
19 the board of trustees of a state university for the
20 Florida College System institution to provide
21 developmental education; creating s. 1001.7065, F.S.;
22 establishing a collaborative partnership between the
23 Board of Governors and the Legislature to elevate the
24 academic and research preeminence of this state’s
25 highest performing state research universities;
26 establishing academic and research excellence
27 standards for a university to be designated a
28 preeminent state research university; providing for a
29 preeminent state research university to establish an
30 institute for online learning; providing duties and
31 responsibilities of an advisory board, the university,
32 and the Board of Governors to provide high-quality,
33 fully online baccalaureate degree programs, including
34 establishment of a tuition structure for the
35 institute; providing for the award of funding to
36 preeminent state research universities based upon
37 performance and subject to appropriation; authorizing
38 a preeminent state research university to establish
39 special course requirements; providing for preeminent
40 state research university flexibility; encouraging the
41 Board of Governors to promote additional programs of
42 excellence; amending s. 1004.02, F.S.; defining the
43 term “developmental education” as it relates to public
44 postsecondary education; amending s. 1004.43, F.S.;
45 transferring oversight of the H. Lee Moffitt Cancer
46 Center and Research Institute to the Board of Trustees
47 of the University of South Florida; requiring the
48 Board of Trustees to enter into a lease agreement for
49 use of certain land and facilities; providing for the
50 terms of the lease; requiring the University of South
51 Florida and the Florida not-for-profit corporation
52 that governs and operates the H. Lee Moffitt Cancer
53 Center and Research Institute to enter into an
54 agreement to review construction plans and
55 specifications for consistency of certain criteria;
56 revising the membership of the board of directors for
57 the not-for-profit corporation; deleting the
58 requirement that the Board of Governors provide for
59 certain approvals of the articles of incorporation of
60 the not-for-profit corporation and use of land and
61 facilities for certain purposes; requiring the not
62 for-profit corporation to cause to be prepared annual
63 financial audits; requiring the not-for-profit
64 corporation to provide equal employment opportunities;
65 providing for the governance and operation of the
66 facilities if the agreement between the not-for-profit
67 corporation and the Board of Trustees of the
68 University of South Florida, rather than the Board of
69 Governors, is terminated; requiring the chief
70 executive officer to report annually to the Board of
71 Governors on the educational activities of the not
72 for-profit corporation; providing for the creation and
73 duties of an external advisory board; repealing s.
74 1004.58, F.S., relating to the Leadership Board for
75 Applied Research and Public Service; amending s.
76 1004.93, F.S.; deleting provisions relating to the
77 levels and courses of instruction to be funded through
78 the college-preparatory program; amending s. 1006.735,
79 F.S.; establishing the Complete Florida Degree Program
80 to recruit, recover, and retain adult learners and
81 assist them in completing degrees aligned to high
82 wage, high-skill workforce needs; specifying program
83 components and the tuition and fee structure;
84 requiring submission of a project plan to the
85 Legislature; amending s. 1007.23, F.S.; revising the
86 number of semester hours in which a student who is
87 seeking an associate in arts degree is required to
88 indicate a baccalaureate degree program; amending s.
89 1007.25, F.S.; revising general education courses,
90 common prerequisites, and degree requirements;
91 conforming terminology to changes made by the act;
92 amending s. 1007.263, F.S.; revising the rules that
93 the board of trustees of a Florida College System
94 institution may adopt with regard to admissions
95 counseling; requiring each board of trustees to
96 establish policies that notify students about options
97 they may use to attain the communication and
98 computation skills that are essential to perform
99 college-level work; deleting a prohibition against a
100 student’s enrollment in credit courses under certain
101 circumstances; amending s. 1007.271, F.S.; conforming
102 provisions to changes made by the act; creating s.
103 1008.02, F.S.; providing definitions for the purpose
104 of ch. 1008, F.S., relating to assessment and
105 accountability for the K-20 education system; amending
106 s. 1008.30, F.S.; providing that alternative
107 assessments that may be accepted in lieu of the common
108 placement test must be identified in rule; requiring
109 the State Board of Education, in conjunction with the
110 Board of Governors, to approve a series of meta
111 majors, academic pathways, and degree maps that
112 identify the gateway courses required for success in
113 each meta-major; providing requirements for the common
114 placement testing program; requiring the State Board
115 of Education to adopt rules that require high schools
116 to evaluate certain students for college readiness;
117 requiring the State Board of Education to establish by
118 rule the test scores a student must achieve to
119 demonstrate readiness to perform college-level work;
120 deleting provisions to conform to changes made by the
121 act; conforming terminology; requiring the State Board
122 of Education to adopt rules by a specified date to
123 implement developmental education; requiring local
124 policies and practices set by each Florida College
125 System institution board of trustees to outline the
126 student achievements considered by the institution for
127 placement determinations, identify instructional
128 options available to students, and describe student
129 costs and financial aid opportunities associated with
130 each instructional option; creating s. 1008.322, F.S.;
131 requiring the Board of Governors of the State
132 University System to oversee the performance of state
133 university boards of trustees in the enforcement of
134 laws, rules, and regulations; providing that state
135 university presidents are responsible for the accuracy
136 of the information and data reported to the Board of
137 Governors; authorizing the Chancellor of the State
138 University System to investigate allegations of
139 noncompliance with law or Board of Governors’ rule or
140 regulation and determine probable cause; requiring the
141 chancellor to report determinations of probable cause
142 to the Board of Governors; authorizing the Board of
143 Governors to initiate specified actions if the board
144 determines that the state university board of trustees
145 is unwilling or unable to comply with the law, certain
146 rules or regulations, or audit recommendations;
147 amending ss. 1008.37, 1009.22, and 1009.23, F.S.;
148 conforming provisions to changes made by the act;
149 amending s. 1009.26, F.S.; authorizing certain Florida
150 College System institutions to waive certain fees;
151 repealing s. 1009.28, F.S., relating to fees for
152 repeated enrollment in college-preparatory classes;
153 amending s. 1009.285, F.S.; requiring a student
154 enrolled in the same undergraduate college-credit
155 course more than once, except for students enrolled in
156 a gateway course for an extended period of time, to
157 pay tuition at 100 percent of the full cost of
158 instruction; reducing the number of times certain
159 coursework, which is excluded for the reduction of
160 fees, is repeated for certain purposes; amending s.
161 1009.286, F.S.; excluding remedial courses from those
162 courses that are counted when calculating credit hours
163 earned toward a baccalaureate degree; amending s.
164 1009.40, F.S.; providing that undergraduate students
165 participating in developmental education are eligible
166 to receive financial aid for a specified number of
167 semesters or quarters; conforming provisions to
168 changes made by the act; amending s. 1009.53, F.S.;
169 conforming terminology to changes made by the act;
170 repealing s. 1009.531(7), F.S., relating to the
171 eligibility of a student for an initial reward or
172 renewal reward under the Florida Bright Futures
173 Scholarship Program; amending s. 1011.84, F.S.;
174 conforming provisions to changes made by the act;
175 providing a directive to the Division of Law Revision
176 and Information; providing an effective date.
177
178 Be It Enacted by the Legislature of the State of Florida:
179
180 Section 1. Paragraph (j) of subsection (7) of section
181 11.45, Florida Statutes, is amended to read:
182 11.45 Definitions; duties; authorities; reports; rules.—
183 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
184 (j) The Auditor General shall notify the Legislative
185 Auditing Committee of any financial or operational audit report
186 prepared pursuant to this section which indicates that a state
187 university or Florida College System institution has failed to
188 take full corrective action in response to a recommendation that
189 was included in the two preceding financial or operational audit
190 reports.
191 1. The committee may direct the governing body of the state
192 university or Florida College System institution to provide a
193 written statement to the committee explaining why full
194 corrective action has not been taken or, if the governing body
195 intends to take full corrective action, describing the
196 corrective action to be taken and when it will occur.
197 2. If the committee determines that the written statement
198 is not sufficient, the committee may require the chair of the
199 governing body of the state university or Florida College System
200 institution, or the chair’s designee, to appear before the
201 committee.
202 3. If the committee determines that the state university or
203 Florida College System institution has failed to take full
204 corrective action for which there is no justifiable reason or
205 has failed to comply with committee requests made pursuant to
206 this section, the committee shall refer the matter to the State
207 Board of Education or the Board of Governors, as appropriate, to
208 proceed in accordance with ss. 1008.32 and 1008.322,
209 respectively may proceed in accordance with s. 11.40(2).
210 Section 2. Paragraph (g) of subsection (4), subsection (5),
211 and paragraphs (c) and (d) of subsection (6) of section 1001.02,
212 Florida Statutes, are amended to read:
213 1001.02 General powers of State Board of Education.—
214 (4) The State Board of Education shall:
215 (g) Specify, by rule, the college credit courses that may
216 be taken by Florida College System institution students who are
217 concurrently participating in developmental education enrolled
218 in college-preparatory instruction.
219 (5) The State Board of Education is responsible for
220 reviewing and administering the state program of support for the
221 Florida College System institutions and, subject to existing
222 law, shall establish the tuition and out-of-state fees for
223 college-preparatory instruction and for credit instruction that
224 may be counted toward an associate in arts degree, an associate
225 in applied science degree, or an associate in science degree.
226 (6) The State Board of Education shall prescribe minimum
227 standards, definitions, and guidelines for Florida College
228 System institutions that will ensure the quality of education,
229 coordination among the Florida College System institutions and
230 state universities, and efficient progress toward accomplishing
231 the Florida College System institution mission. At a minimum,
232 these rules must address:
233 (c) Program offerings and classification, including
234 college-level communication and computation skills associated
235 with successful performance in college and with tests and other
236 assessment procedures that measure student achievement of those
237 skills. The performance measures must provide that students
238 moving from one level of education to the next acquire the
239 necessary competencies for that level.
240 (d) Provisions for curriculum development, graduation
241 requirements, college calendars, and program service areas.
242 These provisions must include rules that:
243 1. Provide for the award of an associate in arts degree to
244 a student who successfully completes 60 semester credit hours at
245 the Florida College System institution.
246 2. Require all of the credits accepted for the associate in
247 arts degree to be in the statewide course numbering system as
248 credits toward a baccalaureate degree offered by a state
249 university or a Florida College System institution.
250 3. Beginning with students initially entering a Florida
251 College System institution in 2014-2015 and thereafter, Require
252 no more than 36 30 semester credit hours in general education
253 courses in the subject areas of communication, mathematics,
254 social sciences, humanities, and natural sciences.
255
256 The rules should encourage Florida College System institutions
257 to enter into agreements with state universities that allow
258 Florida College System institution students to complete upper
259 division-level courses at a Florida College System institution.
260 An agreement may provide for concurrent enrollment at the
261 Florida College System institution and the state university and
262 may authorize the Florida College System institution to offer an
263 upper-division-level course or distance learning.
264 Section 3. Subsection (9) of section 1001.64, Florida
265 Statutes, is amended to read:
266 1001.64 Florida College System institution boards of
267 trustees; powers and duties.—
268 (9) A board of trustees may contract with the board of
269 trustees of a state university for the Florida College System
270 institution to provide developmental education college
271 preparatory instruction on the state university campus.
272 Section 4. Section 1001.7065, Florida Statutes, is created
273 to read:
274 1001.7065 Preeminent state research universities program.—
275 (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
276 COLLABORATION.—A collaborative partnership is established
277 between the Board of Governors and the Legislature to elevate
278 the academic and research preeminence of Florida’s highest
279 performing state research universities in accordance with this
280 section. The partnership stems from the State University System
281 Governance Agreement executed on March 24, 2010, wherein the
282 Board of Governors and leaders of the Legislature agreed to a
283 framework for the collaborative exercise of their joint
284 authority and shared responsibility for the State University
285 System. The governance agreement confirmed the commitment of the
286 Board of Governors and the Legislature to continue collaboration
287 on accountability measures, the use of data, and recommendations
288 derived from such data.
289 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
290 July 1, 2013, the following academic and research excellence
291 standards are established for the Preeminent State Research
292 Universities Program:
293 (a) An average weighted grade point average of 4.0 or
294 higher on a 4.0 scale and an average SAT score of 1800 or higher
295 for fall-semester incoming freshmen, as reported annually.
296 (b) A top-50 ranking on at least two well-known and highly
297 respected national public university rankings, reflecting
298 national preeminence, using most recent rankings.
299 (c) A freshman retention rate of 90 percent or higher for
300 full-time, first-time-in-college students, as reported annually
301 to the Integrated Postsecondary Education Data System (IPEDS).
302 (d) A 6-year graduation rate of 70 percent or higher for
303 full-time, first-time-in-college students, as reported annually
304 to the IPEDS.
305 (e) Six or more faculty members at the state university who
306 are members of a national academy, as reported by the Center for
307 Measuring University Performance in the Top American Research
308 Universities (TARU) annual report.
309 (f) Total annual research expenditures, including federal
310 research expenditures, of $200 million or more, as reported
311 annually by the National Science Foundation (NSF).
312 (g) Total annual research expenditures in diversified
313 nonmedical sciences of $150 million or more, based on data
314 reported annually by the NSF.
315 (h) A top-100 university national ranking for research
316 expenditures in five or more science, technology, engineering,
317 or mathematics fields of study, as reported annually by the NSF.
318 (i) One hundred or more total patents awarded by the United
319 States Patent and Trademark Office for the most recent 3-year
320 period.
321 (j) Four hundred or more doctoral degrees awarded annually,
322 as reported in the Board of Governors Annual Accountability
323 Report.
324 (k) Two hundred or more postdoctoral appointees annually,
325 as reported in the TARU annual report.
326 (l) An endowment of $500 million or more, as reported in
327 the Board of Governors Annual Accountability Report.
328 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
329 Board of Governors shall designate each state research
330 university that meets at least 11 of the 12 academic and
331 research excellence standards identified in subsection (2) a
332 preeminent state research university.
333 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
334 ONLINE LEARNING.—The state research university that has attained
335 the highest level on the academic and research excellence
336 standards identified in subsection (2), as verified by the Board
337 of Governors, shall establish an institute for online learning.
338 The institute shall establish a robust offering of high-quality,
339 fully online baccalaureate degree programs at an affordable cost
340 in accordance with this subsection.
341 (a) By August 1, 2013, the Board of Governors shall convene
342 an advisory board to support the development of high-quality,
343 fully online baccalaureate degree programs at the preeminent
344 university.
345 (b) The advisory board shall:
346 1. Offer expert advice, as requested by the preeminent
347 university, in the development and implementation of a business
348 plan to expand the offering of high-quality, fully online
349 baccalaureate degree programs.
350 2. Authorize the release of funding to the preeminent
351 university subject to appropriation in the General
352 Appropriations Act and upon approval by the Board of Governors
353 of the plan developed by the preeminent university.
354 3. Monitor, evaluate, and report on the implementation of
355 the plan to the Board of Governors, the Governor, the President
356 of the Senate, and the Speaker of the House of Representatives.
357 (c) The advisory board shall be composed of the following
358 five members:
359 1. The chair of the Board of Governors or the chair’s
360 permanent designee.
361 2. A member with expertise in online learning, appointed by
362 the Board of Governors.
363 3. A member with expertise in global marketing, appointed
364 by the Governor.
365 4. A member with expertise in cloud virtualization,
366 appointed by the President of the Senate.
367 5. A member with expertise in disruptive innovation,
368 appointed by the Speaker of the House of Representatives.
369 (d) The president of the preeminent university shall be
370 consulted on the advisory board member appointments.
371 (e) A majority of the advisory board constitutes a quorum,
372 elect the chair, and appoint an executive director.
373 (f) By September 1, 2013, the university shall submit to
374 the advisory board a comprehensive plan to expand high-quality,
375 fully online baccalaureate degree program offerings. The plan
376 must include:
377 1. Existing on-campus general education courses and
378 baccalaureate degree programs that will be offered online.
379 2. New courses that will be developed and offered online.
380 3. Support services that will be offered to students
381 enrolled in online baccalaureate degree programs.
382 4. A tuition and fee structure that meets the requirements
383 in paragraph (k) for online courses, baccalaureate degree
384 programs, and student support services.
385 5. A timeline for offering, marketing, and enrolling
386 students in the online baccalaureate degree programs.
387 6. A budget for developing and marketing the online
388 baccalaureate degree programs.
389 7. Detailed strategies for ensuring the success of students
390 and the sustainability of the online baccalaureate degree
391 programs.
392
393 Upon recommendation of the plan by the advisory board and
394 approval by the Board of Governors, the Board of Governors shall
395 award the university funds for implementation of the online
396 baccalaureate degree program, as provided in the General
397 Appropriations Act.
398 (g) Beginning in January 2014, the university shall offer
399 high-quality, fully online baccalaureate degree programs that:
400 1. Accept full-time, first-time-in-college students.
401 2. Have the same rigorous admissions criteria as equivalent
402 on-campus degree programs.
403 3. Offer curriculum of equivalent rigor to on-campus degree
404 programs.
405 4. Offer rolling enrollment or multiple opportunities for
406 enrollment throughout the year.
407 5. Do not require any on-campus courses. However, for
408 courses or programs that require clinical training or
409 laboratories that cannot be delivered online, the university
410 shall offer convenient locational options to the student, which
411 may include, but are not limited to, the option to complete such
412 requirements at a summer-in-residence on the university campus.
413 The university may provide a network of sites at convenient
414 locations and contract with commercial testing centers or
415 identify other secure testing services for the purpose of
416 proctoring assessments or testing.
417 6. Apply the university’s existing policy for accepting
418 credits for both freshman applicants and transfer applicants.
419 (h) The university may offer a fully online Masters in
420 Business Administration degree program and other masters degree
421 programs.
422 (i) The university may develop and offer degree programs
423 and courses that are competency based as appropriate for the
424 quality and success of the program.
425 (j) The university shall periodically expand its offering
426 of online baccalaureate degree programs to meet student and
427 market demands.
428 (k) The university shall establish a tuition structure for
429 its online institute in accordance with this paragraph,
430 notwithstanding any other provision of law.
431 1. For students classified as residents for tuition
432 purposes, tuition for an online baccalaureate degree program
433 shall be set at no more than 75 percent of the tuition rate as
434 specified in the General Appropriations Act pursuant to s.
435 1009.24(4) and 75 percent of the tuition differential pursuant
436 to s. 1009.24(16). No distance learning fee, fee for campus
437 facilities, or fee for on-campus services may be assessed,
438 except that online students shall pay the university’s
439 technology fee, financial aid fee, and Capital Improvement Trust
440 Fund fee. The revenues generated from the Capital Improvement
441 Trust Fund fee shall be dedicated to the university’s institute
442 for online learning.
443 2. For students classified as nonresidents for tuition
444 purposes, tuition may be set at market rates in accordance with
445 the business plan.
446 3. Tuition for an online degree program must include all
447 costs associated with instruction, materials, and enrollment,
448 excluding costs associated with the provision of textbooks
449 pursuant to s. 1004.085 and physical laboratory supplies.
450 4. Subject to the limitations in subparagraph 1., tuition
451 may be differentiated by degree program as appropriate to the
452 instructional and other costs of the program in accordance with
453 the business plan. Pricing must incorporate innovative
454 approaches that incentivize persistence and completion,
455 including, but not limited to, a fee for assessment, a bundled
456 or all-inclusive rate, and sliding scale features.
457 5. The university shall accept advance payment contracts
458 and student financial aid.
459 6. Fifty percent of the net revenues generated from the
460 online institute of the university shall be used to enhance and
461 enrich the online institute offerings, and 50 percent of the net
462 revenues generated from the online institute shall be used to
463 enhance and enrich the university’s campus state-of-the-art
464 research programs and facilities.
465 7. The institute may charge additional local user fees
466 pursuant to s. 1009.24(14) upon the approval of the Board of
467 Governors.
468 8. The institute shall submit a proposal to the president
469 of the university authorizing additional user fees for the
470 provision of voluntary student participation in activities and
471 additional student services.
472 (5) PREEMINENT STATE RESEARCH UNIVERSITY SUPPORT.—The state
473 research university that has attained the highest level on the
474 academic and research excellence standards identified in
475 subsection (2), as verified by the Board of Governors, shall
476 submit to the Board of Governors a 5-year benchmark plan with
477 target rankings on key performance metrics for national
478 excellence. Upon approval by the Board of Governors, and upon
479 the university’s meeting the benchmark plan goals annually, the
480 Board of Governors shall award the university funding for this
481 purpose, as provided in the General Appropriations Act.
482 (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
483 INITIATIVE.—The state research university that has attained the
484 second highest level on the academic and research excellence
485 standards identified in subsection (2), as verified by the Board
486 of Governors, shall submit to the Board of Governors a 5-year
487 benchmark plan with target rankings on key performance metrics
488 for national excellence. Upon the university’s meeting the
489 benchmark plan goals annually, the Board of Governors shall
490 award the university funding as provided in the General
491 Appropriations Act for the purpose of recruiting National
492 Academy Members, expediting the provision of a masters degree in
493 cloud virtualization, and instituting an entrepreneurs-in
494 residence program throughout its campus.
495 (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
496 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
497 educational experience, a university that is designated a
498 preeminent state research university may require its incoming
499 first-time-in-college students to take a 9-to-12-credit set of
500 unique courses specifically determined by the university and
501 published on the university’s website. The university may
502 stipulate that credit for such courses may not be earned through
503 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
504 or any other transfer credit. All accelerated credits earned up
505 to the limits specified in ss. 1007.27 and 1007.271 shall be
506 applied toward graduation at the student’s request.
507 (8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
508 AUTHORITY.—The Board of Governors is encouraged to identify and
509 grant all reasonable, feasible authority and flexibility to
510 ensure that a designated preeminent state research university is
511 free from unnecessary restrictions.
512 (9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE UNIVERSITY
513 SYSTEM.—The Board of Governors is encouraged to establish
514 standards and measures whereby individual programs in state
515 universities which objectively reflect national excellence can
516 be identified and make recommendations to the Legislature as to
517 how any such programs could be enhanced and promoted.
518 Section 5. Subsection (11) of section 1004.02, Florida
519 Statutes, is amended to read:
520 1004.02 Definitions.—As used in this chapter:
521 (11) “Developmental education” “College-preparatory
522 instruction” means instruction courses through which a high
523 school graduate who applies for and enrolls in any college
524 credit program may attain the communication and computation
525 skills necessary to perform college-level work while also
526 enrolled enroll in college credit instruction.
527 Section 6. Section 1004.43, Florida Statutes, is amended to
528 read:
529 1004.43 H. Lee Moffitt Cancer Center and Research
530 Institute.—There is established the H. Lee Moffitt Cancer Center
531 and Research Institute, a statewide resource for basic and
532 clinical research and multidisciplinary approaches to patient
533 care.
534 (1) The Board of Trustees of the University of South
535 Florida Governors shall enter into a lease an agreement for the
536 use utilization of the lands and facilities on the campus of the
537 University of South Florida to be known as the H. Lee Moffitt
538 Cancer Center and Research Institute, including all furnishings,
539 equipment, and other chattels used in the operation of such
540 facilities, with a Florida not-for-profit corporation organized
541 solely for the purpose of governing and operating the H. Lee
542 Moffitt Cancer Center and Research Institute. The lease
543 agreement with the not-for-profit corporation must be rent free
544 so long as the not-for-profit corporation and its subsidiaries
545 use the lands and facilities primarily for research, education,
546 treatment, prevention, and the early detection of cancer or for
547 teaching and research programs conducted by the state
548 universities or other accredited medical schools or research
549 institutes. The lease agreement must provide for review of
550 construction plans and specifications by the university for
551 consistency with the university’s campus master plan, impact on
552 the university’s utilities infrastructure, and compliance with
553 applicable building code and general design characteristics and
554 compatibility with university architecture, as appropriate. The
555 not-for-profit corporation may, with the prior approval of the
556 Board of Governors, create either for-profit or not-for-profit
557 corporate subsidiaries, or both, to fulfill its mission. The
558 not-for-profit corporation and any approved not-for-profit
559 subsidiary are shall be conclusively deemed corporations
560 primarily acting as instrumentalities of the state, pursuant to
561 s. 768.28(2), for purposes of sovereign immunity. For-profit
562 subsidiaries of the not-for-profit corporation may not compete
563 with for-profit health care providers in the delivery of
564 radiation therapy services to patients. The not-for-profit
565 corporation and its subsidiaries may are authorized to receive,
566 hold, invest, and administer property and any moneys received
567 from private, local, state, and federal sources, as well as
568 technical and professional income generated or derived from
569 practice activities of the institute, for the benefit of the
570 institute and the fulfillment of its mission. The affairs of the
571 corporation shall be managed by a board of directors who shall
572 serve without compensation. The President of the University of
573 South Florida and the chair of the Board of Governors, or his or
574 her designee, shall be directors of the not-for-profit
575 corporation, together with 5 representatives of the state
576 universities and no more than 14 nor fewer than 10 directors who
577 are not medical doctors or state employees. Each director has
578 shall have only one vote, serves shall serve a term of 3 years,
579 and may be reelected to the board. Other than the President of
580 the University of South Florida and the chair of the Board of
581 Governors, directors shall be elected by a majority vote of the
582 board. The chair of the board of directors shall be selected by
583 majority vote of the directors.
584 (2) The Board of Governors shall provide in the agreement
585 with the not-for-profit corporation for the following:
586 (a) Approval of the articles of incorporation of the not
587 for-profit corporation by the Board of Governors.
588 (b) Approval of the articles of incorporation of any not
589 for-profit corporate subsidiary created by the not-for-profit
590 corporation.
591 (c) Utilization of lands, facilities, and personnel by the
592 not-for-profit corporation and its subsidiaries for research,
593 education, treatment, prevention, and the early detection of
594 cancer and for mutually approved teaching and research programs
595 conducted by the state universities or other accredited medical
596 schools or research institutes.
597 (2)(d) The not-for-profit corporation shall cause the
598 Preparation of an annual financial audits audit of the not-for
599 profit corporation’s accounts and records to be prepared and the
600 accounts and records of any subsidiaries to be conducted by an
601 independent certified public accountant. Each The annual
602 financial audit report must shall include a management letter,
603 as defined in s. 11.45, and must shall be submitted to the
604 Auditor General and the Board of Governors. The Board of
605 Governors, the Auditor General, and the Office of Program Policy
606 Analysis and Government Accountability may shall have the
607 authority to require and receive from the not-for-profit
608 corporation and any subsidiaries or from their independent
609 auditor any detail or supplemental data relative to the
610 operation of the not-for-profit corporation or subsidiary.
611 (e) Provision by The not-for-profit corporation and its
612 subsidiaries shall provide of equal employment opportunities to
613 all persons regardless of race, color, religion, sex, age, or
614 national origin.
615 (3) The Board of Governors may is authorized to secure
616 comprehensive general liability protection, including
617 professional liability protection, for the not-for-profit
618 corporation and its subsidiaries pursuant to s. 1004.24. The
619 not-for-profit corporation and its subsidiaries are shall be
620 exempt from any participation in any property insurance trust
621 fund established by law, including any property insurance trust
622 fund established pursuant to chapter 284, so long as the not
623 for-profit corporation and its subsidiaries maintain property
624 insurance protection with comparable or greater coverage limits.
625 (4) If In the event that the agreement between the not-for
626 profit corporation and the Board of Trustees of the University
627 of South Florida Governors is terminated for any reason, the
628 Board of Governors shall resume governance and operation of such
629 facilities.
630 (5) The institute shall be administered by a chief
631 executive officer who serves shall serve at the pleasure of the
632 board of directors of the not-for-profit corporation and who has
633 shall have the following powers and duties subject to the
634 approval of the board of directors:
635 (a) The chief executive officer shall establish programs
636 that which fulfill the mission of the institute in research,
637 education, treatment, prevention, and the early detection of
638 cancer; however, the chief executive officer may shall not
639 establish academic programs for which academic credit is awarded
640 and which terminate in the conference of a degree without prior
641 approval of the Board of Governors.
642 (b) The chief executive officer has shall have control over
643 the budget and the dollars appropriated or donated to the
644 institute from private, local, state, and federal sources, as
645 well as technical and professional income generated or derived
646 from practice activities of the not-for-profit corporation and
647 its subsidiaries. Technical and professional income generated
648 from practice activities may be shared between the not-for
649 profit corporation and its subsidiaries as determined by the
650 chief executive officer. However, professional income generated
651 by state university employees from practice activities at the
652 not-for-profit corporation and its subsidiaries must shall be
653 shared between the university and the not-for-profit corporation
654 and its subsidiaries only as determined by the chief executive
655 officer and the appropriate university dean or vice president.
656 (c) The chief executive officer shall appoint members to
657 carry out the research, patient care, and educational activities
658 of the institute and determine compensation, benefits, and terms
659 of service. Members of the institute are shall be eligible to
660 hold concurrent appointments at affiliated academic
661 institutions. State university faculty are shall be eligible to
662 hold concurrent appointments at the institute.
663 (d) The chief executive officer has shall have control over
664 the use and assignment of space and equipment within the
665 facilities.
666 (e) The chief executive officer has shall have the power to
667 create the administrative structure necessary to carry out the
668 mission of the institute.
669 (f) The chief executive officer shall report annually have
670 a reporting relationship to the Board of Governors or its
671 designee on the educational activities of the not-for-profit
672 corporation.
673 (g) The chief executive officer shall provide a copy of the
674 institute’s annual report to the Governor and Cabinet, the
675 President of the Senate, the Speaker of the House of
676 Representatives, and the chair of the Board of Governors.
677 (6) The board of directors of the not-for-profit
678 corporation shall create an external advisory board a council of
679 scientific advisers to the chief executive officer comprised of
680 leading researchers, physicians, and scientists. This board
681 council shall review programs and recommend research priorities
682 and initiatives so as to maximize the state’s investment in the
683 institute. The board council shall be appointed by the board of
684 directors of the not-for-profit corporation. Each member of the
685 board council shall be appointed to serve a 2-year term and may
686 be reappointed to the council.
687 (7) In carrying out the provisions of this section, the
688 not-for-profit corporation and its subsidiaries are not
689 “agencies” within the meaning of s. 20.03(11).
690 (8)(a) Records of the not-for-profit corporation and of its
691 subsidiaries are public records unless made confidential or
692 exempt by law.
693 (b) Proprietary confidential business information is
694 confidential and exempt from the provisions of s. 119.07(1) and
695 s. 24(a), Art. I of the State Constitution. However, the Auditor
696 General, the Office of Program Policy Analysis and Government
697 Accountability, and the Board of Governors, pursuant to their
698 oversight and auditing functions, must be given access to all
699 proprietary confidential business information upon request and
700 without subpoena and must maintain the confidentiality of
701 information so received. As used in this paragraph, the term
702 “proprietary confidential business information” means
703 information, regardless of its form or characteristics, which is
704 owned or controlled by the not-for-profit corporation or its
705 subsidiaries; is intended to be and is treated by the not-for
706 profit corporation or its subsidiaries as private and the
707 disclosure of which would harm the business operations of the
708 not-for-profit corporation or its subsidiaries; has not been
709 intentionally disclosed by the corporation or its subsidiaries
710 unless pursuant to law, an order of a court or administrative
711 body, a legislative proceeding pursuant to s. 5, Art. III of the
712 State Constitution, or a private agreement that provides that
713 the information may be released to the public; and which is
714 information concerning:
715 1. Internal auditing controls and reports of internal
716 auditors;
717 2. Matters reasonably encompassed in privileged attorney
718 client communications;
719 3. Contracts for managed-care arrangements, including
720 preferred provider organization contracts, health maintenance
721 organization contracts, and exclusive provider organization
722 contracts, and any documents directly relating to the
723 negotiation, performance, and implementation of any such
724 contracts for managed-care arrangements;
725 4. Bids or other contractual data, banking records, and
726 credit agreements the disclosure of which would impair the
727 efforts of the not-for-profit corporation or its subsidiaries to
728 contract for goods or services on favorable terms;
729 5. Information relating to private contractual data, the
730 disclosure of which would impair the competitive interest of the
731 provider of the information;
732 6. Corporate officer and employee personnel information;
733 7. Information relating to the proceedings and records of
734 credentialing panels and committees and of the governing board
735 of the not-for-profit corporation or its subsidiaries relating
736 to credentialing;
737 8. Minutes of meetings of the governing board of the not
738 for-profit corporation and its subsidiaries, except minutes of
739 meetings open to the public pursuant to subsection (9);
740 9. Information that reveals plans for marketing services
741 that the corporation or its subsidiaries reasonably expect to be
742 provided by competitors;
743 10. Trade secrets as defined in s. 688.002, including:
744 a. Information relating to methods of manufacture or
745 production, potential trade secrets, potentially patentable
746 materials, or proprietary information received, generated,
747 ascertained, or discovered during the course of research
748 conducted by the not-for-profit corporation or its subsidiaries;
749 and
750 b. Reimbursement methodologies or rates;
751 11. The identity of donors or prospective donors of
752 property who wish to remain anonymous or any information
753 identifying such donors or prospective donors. The anonymity of
754 these donors or prospective donors must be maintained in the
755 auditor’s report; or
756 12. Any information received by the not-for-profit
757 corporation or its subsidiaries from an agency in this or
758 another state or nation or the Federal Government which is
759 otherwise exempt or confidential pursuant to the laws of this or
760 another state or nation or pursuant to federal law.
761
762 As used in this paragraph, the term “managed care” means systems
763 or techniques generally used by third-party payors or their
764 agents to affect access to and control payment for health care
765 services. Managed-care techniques most often include one or more
766 of the following: prior, concurrent, and retrospective review of
767 the medical necessity and appropriateness of services or site of
768 services; contracts with selected health care providers;
769 financial incentives or disincentives related to the use of
770 specific providers, services, or service sites; controlled
771 access to and coordination of services by a case manager; and
772 payor efforts to identify treatment alternatives and modify
773 benefit restrictions for high-cost patient care.
774 (9) Meetings of the governing board of the not-for-profit
775 corporation and meetings of the subsidiaries of the not-for
776 profit corporation at which the expenditure of dollars
777 appropriated to the not-for-profit corporation by the state are
778 discussed or reported must remain open to the public in
779 accordance with s. 286.011 and s. 24(b), Art. I of the State
780 Constitution, unless made confidential or exempt by law. Other
781 meetings of the governing board of the not-for-profit
782 corporation and of the subsidiaries of the not-for-profit
783 corporation are exempt from s. 286.011 and s. 24(b), Art. I of
784 the State Constitution.
785 (10) In addition to the continuing appropriation to the
786 institute provided in s. 210.20(2), any appropriation to the
787 institute provided in a general appropriations act shall be paid
788 directly to the board of directors of the not-for-profit
789 corporation by warrant drawn by the Chief Financial Officer from
790 the State Treasury.
791 Section 7. Section 1004.58, Florida Statutes, is repealed.
792 Section 8. Subsection (4) of section 1004.93, Florida
793 Statutes, is amended to read:
794 1004.93 Adult general education.—
795 (4)(a) Adult general education shall be evaluated and
796 funded as provided in s. 1011.80.
797 (b) Fees for adult basic instruction are to be charged in
798 accordance with chapter 1009.
799 (c) The State Board of Education shall define, by rule, the
800 levels and courses of instruction to be funded through the
801 college-preparatory program. The state board shall coordinate
802 the establishment of costs for college-preparatory courses, the
803 establishment of statewide standards that define required levels
804 of competence, acceptable rates of student progress, and the
805 maximum amount of time to be allowed for completion of college
806 preparatory instruction. College-preparatory instruction is part
807 of an associate in arts degree program and may not be funded as
808 an adult career education program.
809 (d) Expenditures for college-preparatory and lifelong
810 learning students shall be reported separately. Allocations for
811 college-preparatory courses shall be based on proportional full
812 time equivalent enrollment. Program review results shall be
813 included in the determination of subsequent allocations. A
814 student shall be funded to enroll in the same college
815 preparatory class within a skill area only twice, after which
816 time the student shall pay 100 percent of the full cost of
817 instruction to support the continuous enrollment of that student
818 in the same class; however, students who withdraw or fail a
819 class due to extenuating circumstances may be granted an
820 exception only once for each class, provided approval is granted
821 according to policy established by the board of trustees. Each
822 Florida College System institution shall have the authority to
823 review and reduce payment for increased fees due to continued
824 enrollment in a college-preparatory class on an individual basis
825 contingent upon the student’s financial hardship, pursuant to
826 definitions and fee levels established by the State Board of
827 Education. College-preparatory and lifelong learning courses do
828 not generate credit toward an associate or baccalaureate degree.
829 (c)(e) A district school board or a Florida College System
830 institution board of trustees may negotiate a contract with the
831 regional workforce board for specialized services for
832 participants in the welfare transition program, beyond what is
833 routinely provided for the general public, to be funded by the
834 regional workforce board.
835 Section 9. Section 1006.735, Florida Statutes, is amended
836 to read:
837 1006.735 Complete Florida Degree Program Completion Pilot
838 Project.—
839 (1) The Complete Florida Degree Program Completion Pilot
840 Project is established for the purpose of recruiting,
841 recovering, and retaining the state’s adult learners and
842 assisting them in completing an associate degree or a
843 baccalaureate degree that is aligned to high-wage, high-skill
844 workforce needs. As used in this section, the term “adult
845 learner” means a student who has successfully completed college
846 level coursework in multiple semesters but has left an
847 institution in good standing before completing his or her
848 degree. The program pilot project shall give priority to adult
849 learners who are veterans or active duty members of the United
850 States Armed Forces.
851 (2) The Complete Florida Degree Program pilot project shall
852 be implemented by the University of West Florida, acting as the
853 lead institution, in coordination with; the University of South
854 Florida; Florida State College System institutions, state
855 universities, and private postsecondary institutions, as
856 appropriate. The program must at Jacksonville; and St.
857 Petersburg College and shall include the associate, applied
858 baccalaureate, and baccalaureate degree programs that these
859 institutions have selected. Other partnering public
860 postsecondary education institutions shall provide areas of
861 specialization or concentration.
862 (3) For purposes of selecting the degree programs that will
863 be given priority in the Complete Florida Degree Program pilot
864 project, the institutions identified in subsection (2) shall
865 partner with public and private job recruitment and placement
866 agencies and use labor market data and projections to identify
867 the specific workforce needs and targeted occupations of the
868 state.
869 (4) The Complete Florida Degree Program pilot project shall
870 provide adult learners with a single point of access to
871 information and links to innovative online and accelerated
872 distance learning courses, student and library support services,
873 and electronic resources that will guide the adult learner
874 toward the successful completion of a postsecondary degree.
875 (5) Beginning with the 2013-2014 2012-2013 academic year,
876 the Complete Florida Degree Program pilot project shall be
877 implemented and must:
878 (a) Use the distance learning course catalog established
879 pursuant to s. 1006.73 to communicate course availability to the
880 adult learner.
881 (b) Develop and implement an advising and student support
882 system that includes the use of degree completion specialists,
883 is based upon best practices and processes, and includes
884 academic and career support services designed specifically for
885 the adult learner. The program must identify proposed changes to
886 the statewide computer-assisted student advising system
887 established pursuant to s. 1006.73 to assist the adult learner
888 in using the system.
889 (c) Use the streamlined, automated, online admissions
890 application process for transient students established pursuant
891 to s. 1006.73. The Complete Florida Degree Program pilot project
892 shall identify any additional admissions and registration
893 policies and practices that could be further streamlined and
894 automated for purposes of assisting the adult learner.
895 (d) Use existing and, if necessary, develop new competency
896 based instructional and evaluation tools to assess prior
897 performance, experience, and education for the award of college
898 credit in order to reduce the time required for adult learners
899 to complete their degrees. The tools may include the use of the
900 American Council on Education’s collaborative link between the
901 United States Department of Defense and higher education through
902 the review of military training and experiences for the award of
903 equivalent college credit for members of the United States Armed
904 Forces.
905 (e) Develop and implement an evaluation process that
906 collects, analyzes, and provides to the participating
907 postsecondary education institutions, the chairs of the
908 legislative appropriations committees, and the Executive Office
909 of the Governor information on the effectiveness of the program
910 pilot project and the attainment of its goals. Such a process
911 must shall include a management information system that collects
912 the appropriate student, programmatic, and fiscal data necessary
913 to complete the evaluation of the program pilot project.
914 Institutions involved in the program pilot project shall also
915 collect job placement and employment data on the adult learners
916 who have completed their degrees as a result of the program
917 pilot project.
918 (f) Develop and implement a statewide marketing campaign
919 targeted toward recruiting adult learners, particularly veterans
920 and active duty members of the United States Armed Forces, for
921 enrollment in the degree programs offered through the program
922 pilot project.
923 (6) For purposes of the Complete Florida Degree Program
924 pilot project, each institution’s current tuition and fee
925 structure shall be used. However, all participating institutions
926 shall collaboratively identify the applicable cost components
927 involved in the development and delivery of distance learning
928 courses, collect information on these cost components, and
929 submit the information to the Florida Virtual Campus. The
930 chancellors of the Florida College System. The chancellors and
931 the State University System shall submit a report to the chairs
932 of the legislative appropriations committees no later than
933 December 31, 2014 2013, on the need for a differentiated tuition
934 and fee structure for the development and delivery of distance
935 learning courses.
936 (7) The University of West Florida, in collaboration with
937 its partners the University of South Florida, Florida State
938 College at Jacksonville, and St. Petersburg College, shall
939 submit to the chairs of the legislative appropriations
940 committees no later than September 1, 2013 June 1, 2012, a
941 detailed project plan that defines the major work activities,
942 student eligibility criteria, timeline, and cost for
943 implementing the Complete Florida Degree Program pilot project.
944 (8) The University of West Florida, in collaboration with
945 the University of South Florida, Florida State College at
946 Jacksonville, and St. Petersburg College, shall develop and
947 implement a transition plan that transfers the administration of
948 the pilot project to the Florida Virtual Campus no later than
949 June 30, 2013.
950 Section 10. Subsection (3) of section 1007.23, Florida
951 Statutes, is amended to read:
952 1007.23 Statewide articulation agreement.—
953 (3) To improve articulation and reduce excess credit hours,
954 beginning with students initially entering a Florida College
955 System institution in 2013-2014 and thereafter, the articulation
956 agreement must require each student who is seeking an associate
957 in arts degree to indicate a baccalaureate degree program
958 offered by an institution of interest by the time the student
959 earns 36 30 semester hours. The institution in which the student
960 is enrolled shall inform the student of the prerequisites for
961 the baccalaureate degree program offered by an institution of
962 interest.
963 Section 11. Subsections (3), (6), (7), (8), and (10) of
964 section 1007.25, Florida Statutes, are amended to read:
965 1007.25 General education courses; common prerequisites;
966 other degree requirements.—
967 (3) The chair of the State Board of Education and the chair
968 of the Board of Governors, or their designees, shall jointly
969 appoint faculty committees to identify statewide general
970 education core course options. General education core course
971 options must shall consist of a maximum of five courses within
972 each of the subject areas of communication, mathematics, social
973 sciences, humanities, and natural sciences. The core courses may
974 be revised or the five-course cap within each subject area may
975 be exceeded if approved by the State Board of Education and the
976 Board of Governors, as recommended by the subject area faculty
977 committee and approved by the Articulation Coordinating
978 Committee, as necessary for a subject area. Each general
979 education core course option must contain high-level academic
980 and critical thinking skills and common competencies that
981 students must demonstrate to successfully complete the course.
982 Beginning with students initially entering a Florida College
983 System institution or state university in 2015-2016 2014-2015
984 and thereafter, each student must complete at least one
985 identified core course in each subject area as part of the
986 general education course requirements. All public postsecondary
987 educational institutions shall offer and accept these courses as
988 meeting general education core course requirements. The
989 remaining general education course requirements shall be
990 identified by each institution and reported to the department by
991 their statewide course number. The general education core course
992 options shall be adopted in rule by the State Board of Education
993 and in regulation by the Board of Governors.
994 (6) The universities and Florida College System
995 institutions shall work with their respective school districts
996 to ensure that high school curricula coordinate with the general
997 education curricula and to prepare students for college-level
998 work. General education curricula for associate in arts programs
999 shall be identified by each institution and, beginning with
1000 students initially entering a Florida College System institution
1001 or state university in 2014-2015 and thereafter, shall include
1002 36 30 semester hours in the subject areas of communication,
1003 mathematics, social sciences, humanities, and natural sciences.
1004 (7) An associate in arts degree may not shall require no
1005 more than 60 semester hours of college credit and must,
1006 beginning with students initially entering a Florida College
1007 System institution or state university in 2014-2015 and
1008 thereafter, include 36 30 semester hours of general education
1009 coursework. Beginning with students initially entering a Florida
1010 College System institution or state university in 2014-2015 and
1011 thereafter, coursework for an associate in arts degree must
1012 include and demonstration of competency in a foreign language
1013 pursuant to s. 1007.262. Except for developmental education
1014 provided college-preparatory coursework required pursuant to s.
1015 1008.30, all required coursework counts shall count toward the
1016 associate in arts degree or the baccalaureate degree.
1017 (8) A baccalaureate degree program shall require no more
1018 than 120 semester hours of college credit and, beginning with
1019 students initially entering a Florida College System institution
1020 or state university in 2014-2015 and thereafter, include 36 30
1021 semester hours of general education coursework, unless prior
1022 approval has been granted by the Board of Governors for
1023 baccalaureate degree programs offered by state universities and
1024 by the State Board of Education for baccalaureate degree
1025 programs offered by Florida College System institutions.
1026 (10) Students at state universities may request associate
1027 in arts certificates if they have successfully completed the
1028 minimum requirements for the degree of associate in arts (A.A.).
1029 The university must grant the student an associate in arts
1030 degree if the student has successfully completed minimum
1031 requirements for college-level communication and computation
1032 skills adopted by the State Board of Education and 60 academic
1033 semester hours or the equivalent within a degree program area
1034 and including 36, beginning with students initially entering a
1035 Florida College System institution or state university in 2014
1036 2015 and thereafter, include 30 semester hours in general
1037 education courses in the subject areas of communication,
1038 mathematics, social sciences, humanities, and natural sciences,
1039 consistent with the general education requirements specified in
1040 the articulation agreement pursuant to s. 1007.23.
1041 Section 12. Section 1007.263, Florida Statutes, is amended
1042 to read:
1043 1007.263 Florida College System institutions; admissions of
1044 students.—Each Florida College System institution board of
1045 trustees may is authorized to adopt rules governing admissions
1046 of students subject to this section and rules of the State Board
1047 of Education. These rules must shall include the following:
1048 (1) Admissions counseling must shall be provided to all
1049 students entering college or career credit programs. Counseling
1050 must use shall utilize tests to measure achievement of college
1051 level communication and computation competencies by all students
1052 entering college credit programs or tests to measure achievement
1053 of basic skills for career education programs as prescribed in
1054 s. 1004.91. Counseling includes providing developmental
1055 education options for students whose assessment results,
1056 determined under s. 1008.30, indicate that they need to improve
1057 communication or computation skills that are essential to
1058 perform college-level work.
1059 (2) Admission to associate degree programs is subject to
1060 minimum standards adopted by the State Board of Education and
1061 requires shall require:
1062 (a) A standard high school diploma, a high school
1063 equivalency diploma as prescribed in s. 1003.435, previously
1064 demonstrated competency in college credit postsecondary
1065 coursework, or, in the case of a student who is home educated, a
1066 signed affidavit submitted by the student’s parent or legal
1067 guardian attesting that the student has completed a home
1068 education program pursuant to the requirements of s. 1002.41.
1069 Students who are enrolled in a dual enrollment or early
1070 admission program pursuant to s. 1007.271 are exempt from this
1071 requirement.
1072 (b) A demonstrated level of achievement of college-level
1073 communication and computation skills.
1074 (c) Any other requirements established by the board of
1075 trustees.
1076 (3) Admission to other programs within the Florida College
1077 System institution must shall include education requirements as
1078 established by the board of trustees.
1079 (4) A student who has been awarded a special diploma as
1080 defined in s. 1003.438 or a certificate of completion as defined
1081 in s. 1003.43(10) is eligible to enroll in certificate career
1082 education programs.
1083 (5) A student who has with a documented disability may be
1084 eligible for reasonable substitutions, as prescribed in ss.
1085 1007.264 and 1007.265.
1086
1087 Each board of trustees shall establish policies that notify
1088 students about developmental education options for improving
1089 their communication or computation skills that are essential to
1090 performing college-level work, including tutoring, extended time
1091 in gateway courses, free online courses and place students into,
1092 adult basic education, adult secondary education, or other
1093 instructional programs that provide students with alternatives
1094 to traditional college-preparatory instruction, including
1095 private provider instruction. A student is prohibited from
1096 enrolling in additional college-level courses until the student
1097 scores above the cut-score on all sections of the common
1098 placement test.
1099 Section 13. Subsections (2) and (14) of section 1007.271,
1100 Florida Statutes, are amended to read:
1101 1007.271 Dual enrollment programs.—
1102 (2) For the purpose of this section, an eligible secondary
1103 student is a student who is enrolled in a Florida public
1104 secondary school or in a Florida private secondary school which
1105 is in compliance with s. 1002.42(2) and provides a secondary
1106 curriculum pursuant to s. 1003.428, s. 1003.429, or s. 1003.43.
1107 Students who are eligible for dual enrollment pursuant to this
1108 section may enroll in dual enrollment courses conducted during
1109 school hours, after school hours, and during the summer term.
1110 However, if the student is projected to graduate from high
1111 school before the scheduled completion date of a postsecondary
1112 course, the student may not register for that course through
1113 dual enrollment. The student may apply to the postsecondary
1114 institution and pay the required registration, tuition, and fees
1115 if the student meets the postsecondary institution’s admissions
1116 requirements under s. 1007.263. Instructional time for dual
1117 enrollment may vary from 900 hours; however, the school district
1118 may only report the student for a maximum of 1.0 FTE, as
1119 provided in s. 1011.61(4). Any student enrolled as a dual
1120 enrollment student is exempt from the payment of registration,
1121 tuition, and laboratory fees. Vocational-preparatory
1122 instruction, developmental education college-preparatory
1123 instruction, and other forms of precollegiate instruction, as
1124 well as physical education courses that focus on the physical
1125 execution of a skill rather than the intellectual attributes of
1126 the activity, are ineligible for inclusion in the dual
1127 enrollment program. Recreation and leisure studies courses shall
1128 be evaluated individually in the same manner as physical
1129 education courses for potential inclusion in the program.
1130 (14) The Department of Education shall approve any course
1131 for inclusion in the dual enrollment program that is contained
1132 within the statewide course numbering system. However,
1133 developmental education college-preparatory and other forms of
1134 precollegiate instruction, and physical education and other
1135 courses that focus on the physical execution of a skill rather
1136 than the intellectual attributes of the activity, may not be so
1137 approved but must be evaluated individually for potential
1138 inclusion in the dual enrollment program. This subsection may
1139 not be construed to mean that an independent postsecondary
1140 institution eligible for inclusion in a dual enrollment or early
1141 admission program pursuant to s. 1011.62 must participate in the
1142 statewide course numbering system developed pursuant to s.
1143 1007.24 to participate in a dual enrollment program.
1144 Section 14. Section 1008.02, Florida Statutes, is created
1145 to read:
1146 1008.02 Definitions.—As used in this chapter, the term:
1147 (1) “Accelerated course structure” means a course or strand
1148 of study that accelerates the progress of students in
1149 developmental education through self-paced attainment of
1150 specific skills.
1151 (2) “Corequisite education” means developmental education
1152 that is deployed through a variety of classroom, online, or
1153 blended instructional strategies and offered concurrently with
1154 college credit instruction. The term includes, but is not
1155 limited to:
1156 (a) Compressed or modularized instruction or coaching that
1157 supplements credit instruction.
1158 (b) Embedded content in a modified or extended credit
1159 bearing course intended to contextualize or accelerate credit
1160 attainment.
1161 (3) “Developmental education” means instruction through
1162 which a high school graduate who applies for any college credit
1163 program may attain the communication and computation skills
1164 necessary to successfully complete college credit instruction.
1165 Developmental education may not be offered as a noncredit course
1166 for which a student pays tuition but must be offered corequisite
1167 to a gateway course.
1168 (4) “Gateway course” means the first course that provides
1169 transferable, college-level credit allowing students to progress
1170 in their program of study.
1171 (5) “Mastery-based education” means customized, targeted
1172 instruction that addresses specific skills gaps.
1173 (6) “Meta-major” means a collection of programs of study or
1174 academic discipline groupings that share common foundational
1175 skills.
1176 Section 15. Section 1008.30, Florida Statutes, is amended
1177 to read:
1178 1008.30 Common placement testing for public postsecondary
1179 education.—
1180 (1) The State Board of Education, in conjunction with the
1181 Board of Governors, shall develop and implement a common
1182 placement test for the purpose of assessing the basic
1183 computation and communication skills of students who intend to
1184 enter a degree program at any public postsecondary educational
1185 institution. Alternative assessments that may be accepted in
1186 lieu of the common placement test shall also be identified in
1187 rule. Public postsecondary educational institutions shall
1188 provide appropriate modifications of the test instruments or
1189 test procedures for students with disabilities.
1190 (2) By October 1, 2013, the State Board of Education in
1191 conjunction with the Board of Governors shall approve a series
1192 of meta-majors, academic pathways, and degree maps that identify
1193 the gateway courses required for success in each meta-major.
1194 Results from the common placement test, the alternative
1195 assessments that may be used in lieu of the common placement
1196 test, and achievements that may be considered by institutional
1197 boards of trustees, as adopted by state board rule, shall be
1198 used to diagnose a student’s readiness for his or her chosen
1199 meta-major and to provide academic counseling to the student
1200 concerning options for attaining the necessary skills through
1201 developmental education while enrolled in credit courses.
1202 (3)(2) The common placement testing program must shall
1203 include at a minimum the following: the capacity to diagnose
1204 basic competencies in the areas of English, reading, and
1205 mathematics which are essential for success in meta-majors and
1206 to provide to perform college-level work; prerequisite skills
1207 that relate to progressively advanced instruction in
1208 mathematics, such as algebra and geometry; prerequisite skills
1209 that relate to progressively advanced instruction in language
1210 arts, such as English composition and literature; and provision
1211 of test information to students on the specific skills the
1212 student needs to attain deficiencies.
1213 (4)(3) The State Board of Education shall adopt rules that
1214 require high schools to evaluate before the beginning of grade
1215 12 the college readiness of each student who scores at Level 2
1216 or Level 3 on the reading portion of the grade 10 FCAT Reading
1217 or Level 2, Level 3, or Level 4 on the Algebra I mathematics
1218 assessments under s. 1008.22 s. 1008.22(3)(c). High schools
1219 shall perform this evaluation using results from the
1220 corresponding component of the common placement test prescribed
1221 in this section, or an alternative equivalent test identified by
1222 the State Board of Education. The State Board of Education shall
1223 identify in rule the assessments necessary to perform the
1224 evaluations required by this subsection and shall work with the
1225 school districts to administer the assessments. The State Board
1226 of Education shall establish by rule the minimum test scores a
1227 student must achieve to demonstrate readiness. Students who
1228 demonstrate readiness by achieving the minimum test scores
1229 established by the state board and enroll in a Florida College
1230 System institution within 2 years of achieving such scores shall
1231 not be required to retest or enroll in remediation when admitted
1232 to any Florida College System institution. The high school shall
1233 use the results of the test to advise the students of any
1234 identified deficiencies and to provide 12th grade students, and
1235 require them to complete, appropriate postsecondary preparatory
1236 instruction prior to high school graduation. The curriculum
1237 provided under this subsection shall be identified in rule by
1238 the State Board of Education and encompass Florida’s
1239 Postsecondary Readiness Competencies. Other elective courses may
1240 not be substituted for the selected postsecondary reading,
1241 mathematics, or writing preparatory course unless the elective
1242 course covers the same competencies included in the
1243 postsecondary reading, mathematics, or writing, or English
1244 language arts preparatory course.
1245 (5)(4)(a) The State Board of Education shall establish by
1246 rule the test scores a student must achieve to demonstrate
1247 readiness to perform college-level work. Students who
1248 demonstrate readiness by achieving or exceeding the test scores
1249 established by the state board and enroll in a Florida College
1250 System institution within 2 years after achieving such scores
1251 may not be required to retest or complete developmental
1252 education when admitted to any Florida College System
1253 institution. Students who have been identified as requiring
1254 additional preparation pursuant to subsection (1) shall enroll
1255 in college-preparatory or other adult education pursuant to s.
1256 1004.93 in Florida College System institutions to develop needed
1257 college-entry skills. The State Board of Education shall specify
1258 by rule provisions for alternative remediation opportunities and
1259 retesting policies. These students shall be permitted to take
1260 courses within their degree program concurrently in other
1261 curriculum areas for which they are qualified while enrolled in
1262 college-preparatory instruction courses. A student enrolled in a
1263 college-preparatory course may concurrently enroll only in
1264 college credit courses that do not require the skills addressed
1265 in the college-preparatory course. A degree-seeking student who
1266 is required to complete a college-preparatory course must
1267 successfully complete the required college-preparatory studies
1268 by the time the student has accumulated 12 hours of lower
1269 division college credit degree coursework; however, a student
1270 may continue enrollment in degree-earning coursework provided
1271 the student maintains enrollment in college-preparatory
1272 coursework for each subsequent semester until college
1273 preparatory coursework requirements are completed, and provided
1274 the student demonstrates satisfactory performance in degree
1275 earning coursework. A student who has accumulated 12 college
1276 credit hours and has not yet demonstrated proficiency in the
1277 basic competency areas of reading, writing, and mathematics must
1278 be advised in writing of the requirements for associate degree
1279 completion and state university admission, including information
1280 about future financial aid eligibility and the potential costs
1281 of accumulating excessive college credit as described in s.
1282 1009.286. Before a student is considered to have met basic
1283 computation and communication skills requirements, the student
1284 must demonstrate successful mastery of the required
1285 developmental education competencies as defined in State Board
1286 of Education rule. Credit awarded for college-preparatory
1287 instruction may not be counted toward fulfilling the number of
1288 credits required for a degree.
1289 (6)(b) A university board of trustees may contract with a
1290 Florida College System institution board of trustees for the
1291 Florida College System institution to provide developmental
1292 education such instruction on the state university campus. Any
1293 state university in which the percentage of incoming students
1294 requiring developmental education college-preparatory
1295 instruction equals or exceeds the average percentage of such
1296 students for the Florida College System may offer such
1297 developmental education college-preparatory instruction without
1298 contracting with a Florida College System institution; however,
1299 any state university offering college-preparatory instruction as
1300 of January 1, 1996, may continue to provide such services.
1301 (7)(a)(5) The State Board of Education shall adopt rules by
1302 January 1, 2014, to implement developmental education. The rules
1303 must include:
1304 1. Student achievements that may be considered by
1305 institutional boards, such as performance on college placement
1306 tests, grade point averages, work history, military experience,
1307 career interests, degree major declaration, or any combination
1308 thereof.
1309 2. Recommended options for students performing at levels
1310 indicating adult education as an appropriate place for students
1311 to develop needed college-entry academic skills.
1312 3. Sufficient flexibility for local professional judgment
1313 and determinations of appropriate student options for achieving
1314 necessary skills.
1315 4. Limits on credit course enrollment for students
1316 indicating the need for preparatory assistance in two or more
1317 content areas.
1318 (b) Local policies and practices set by each Florida
1319 College System institution board of trustees must outline the
1320 student achievements considered by the institution for placement
1321 determinations, identify instructional options available to
1322 students, and describe student costs and financial aid
1323 opportunities associated with each instructional option.
1324 Instructional options must, at a minimum, provide for enrollment
1325 of a student in a credit course either with or without
1326 institutionally required corequisite education, mastery-based
1327 instruction or accelerated pathways for developing skills, or
1328 enrolling in adult education to attain needed skills, as chosen
1329 by the student. Policies and practices must specify limits on
1330 credit course enrollment for students indicating the need for
1331 preparatory assistance, outline retesting requirements, and
1332 identify options for students who choose to attain skills in
1333 adult education when such instruction is not provided by the
1334 Florida College System institution A student may not be enrolled
1335 in a college credit mathematics or English course on a dual
1336 enrollment basis unless the student has demonstrated adequate
1337 precollegiate preparation on the section of the basic
1338 computation and communication skills assessment required
1339 pursuant to subsection (1) that is appropriate for successful
1340 student participation in the course.
1341 Section 16. Section 1008.322, Florida Statutes, is created
1342 to read:
1343 1008.322 Board of Governors oversight enforcement
1344 authority.—
1345 (1) The Board of Governors of the State University System
1346 shall oversee the performance of state university boards of
1347 trustees in the enforcement of laws, rules, and regulations.
1348 State university boards of trustees shall be primarily
1349 responsible for compliance with laws and Board of Governors’
1350 rules and regulations.
1351 (2) The Board of Governors’ constitutional authority to
1352 operate, regulate, control, and be fully responsible for the
1353 management of the State University System mandates that the
1354 state universities comply with all requests by the Board of
1355 Governors for information, data, and reports. State university
1356 presidents are responsible for the accuracy of the information
1357 and data reported to the Board of Governors.
1358 (3) The Chancellor of the State University System may
1359 investigate allegations of noncompliance with law or Board of
1360 Governors’ rule or regulation and determine probable cause. The
1361 chancellor shall report determinations of probable cause to the
1362 Board of Governors, which may require the university board of
1363 trustees to document compliance with law or Board of Governors’
1364 rule or regulation.
1365 (4) If the university board of trustees cannot
1366 satisfactorily document compliance, the Board of Governors may
1367 order compliance within a specified timeframe.
1368 (5) If the Board of Governors determines that a state
1369 university board of trustees is unwilling or unable to comply
1370 with law or Board of Governors’ rule or regulation or an audit
1371 recommendation within the specified time, the Board of
1372 Governors, in addition to actions constitutionally authorized,
1373 may initiate any of the following actions:
1374 (a) Withhold the transfer of state funds, discretionary
1375 grant funds, discretionary lottery funds, or any other funds
1376 appropriated to the Board of Governors by the Legislature for
1377 disbursement to the state university until the university
1378 complies with the law or Board of Governors’ rule or regulation.
1379 (b) Declare the state university ineligible for competitive
1380 grants disbursed by the Board of Governors.
1381 (c) Require monthly or periodic reporting on the situation
1382 related to noncompliance until it is remedied.
1383 (d) Report to the Legislature that the state university is
1384 unwilling or unable to comply with law or Board of Governors’
1385 rule or regulation and recommend action to be taken by the
1386 Legislature.
1387 (6) This section does not create a private cause of action
1388 or create any rights for individuals or entities in addition to
1389 those provided elsewhere in law, rule, or regulation.
1390 Section 17. Subsection (2) of section 1008.37, Florida
1391 Statutes, is amended to read:
1392 1008.37 Postsecondary feedback of information to high
1393 schools.—
1394 (2) No later than November 30 of each year, the
1395 Commissioner of Education shall report, by high school, to the
1396 State Board of Education, the Board of Governors, and the
1397 Legislature, no later than November 30 of each year, on the
1398 number of prior-year prior year Florida high school graduates
1399 who enrolled for the first time in public postsecondary
1400 education in this state during the previous summer, fall, or
1401 spring term. The report must include, indicating the number of
1402 students whose scores on the common placement test that is
1403 required under s. 1008.30, indicate indicated the need to attain
1404 communication and computation skills through developmental
1405 education options offered by a public postsecondary institution
1406 or through for remediation through college-preparatory or
1407 vocational-preparatory instruction pursuant to s. 1004.91 or s.
1408 1008.30.
1409 Section 18. Paragraph (a) of subsection (3) of section
1410 1009.22, Florida Statutes, is amended to read:
1411 1009.22 Workforce education postsecondary student fees.—
1412 (3)(a) Except as otherwise provided by law, fees for
1413 students who are nonresidents for tuition purposes must offset
1414 the full cost of instruction. Residency of students shall be
1415 determined as required in s. 1009.21. Fee-nonexempt students
1416 enrolled in vocational-preparatory instruction shall be charged
1417 fees equal to the fees charged for adult general education
1418 programs. Each Florida College System institution that conducts
1419 college-preparatory and vocational-preparatory instruction in
1420 the same class section may charge a single fee for both types of
1421 instruction.
1422 Section 19. Subsection (1), paragraph (a) of subsection
1423 (3), and subsection (10) of section 1009.23, Florida Statutes,
1424 are amended to read:
1425 1009.23 Florida College System institution student fees.—
1426 (1) Unless otherwise provided, this section applies only to
1427 fees charged for college credit instruction leading to an
1428 associate in arts degree, an associate in applied science
1429 degree, an associate in science degree, or a baccalaureate
1430 degree authorized pursuant to s. 1007.33, for developmental
1431 education noncollege credit college-preparatory courses defined
1432 in s. 1004.02, and for educator preparation institute programs
1433 defined in s. 1004.85.
1434 (3)(a) Effective July 1, 2011, for advanced and
1435 professional, postsecondary vocational, college preparatory, and
1436 educator preparation institute programs, the standard tuition is
1437 shall be $68.56 per credit hour for residents and nonresidents,
1438 and the out-of-state fee is shall be $205.82 per credit hour.
1439 (10) Each Florida College System institution board of
1440 trustees is authorized to establish a separate fee for
1441 technology, which may not exceed 5 percent of tuition per credit
1442 hour or credit-hour equivalent for resident students and may not
1443 exceed 5 percent of tuition and the out-of-state fee per credit
1444 hour or credit-hour equivalent for nonresident students.
1445 Revenues generated from the technology fee shall be used to
1446 enhance instructional technology resources for students and
1447 faculty. The technology fee may apply to both college credit and
1448 college-preparatory instruction and shall not be included in any
1449 award under the Florida Bright Futures Scholarship Program.
1450 Fifty percent of technology fee revenues may be pledged by a
1451 Florida College System institution board of trustees as a
1452 dedicated revenue source for the repayment of debt, including
1453 lease-purchase agreements, not to exceed the useful life of the
1454 asset being financed. Revenues generated from the technology fee
1455 may not be bonded.
1456 Section 20. Subsection (11) is added to section 1009.26,
1457 Florida Statutes, to read:
1458 1009.26 Fee waivers.—
1459 (11) A Florida College System institution that offers a
1460 baccalaureate degree for state residents for which the cost of
1461 tuition and specified fees does not exceed $10,000 for the
1462 entire degree program may waive any portion or all of the
1463 following fees for that degree: tuition, the activity and
1464 service fee, the financial aid fee, the technology fee, the
1465 capital improvement fee, and the distance-learning fee. The
1466 Legislature encourages colleges to include at least one industry
1467 certification from the Postsecondary Industry Certification
1468 Funding List in a degree program for which such waivers are
1469 granted.
1470 Section 21. Section 1009.28, Florida Statutes, is repealed.
1471 Section 22. Section 1009.285, Florida Statutes, is amended
1472 to read:
1473 1009.285 Fees for repeated enrollment in college-credit
1474 courses.—A student enrolled in the same undergraduate college
1475 credit course more than once, except for students enrolled in a
1476 gateway course for an extended period of time under s. 1008.30,
1477 must twice shall pay tuition at 100 percent of the full cost of
1478 instruction, and may not be and shall not be included in
1479 calculations of full-time equivalent enrollments for state
1480 funding purposes. However, students who withdraw or fail a class
1481 due to extenuating circumstances may be granted an exception
1482 only once for each class if, provided that approval is granted
1483 according to policy established by the Florida College System
1484 institution board of trustees or the university board of
1485 trustees. Each Florida College System institution and state
1486 university may review and reduce fees paid by students due to
1487 continued enrollment in a college-credit class on an individual
1488 basis contingent upon the student’s financial hardship. For
1489 purposes of this section, first-time enrollment in a class means
1490 shall mean enrollment in a class beginning fall semester 1997,
1491 and calculations of the full cost of instruction is shall be
1492 based on the systemwide average of the prior year’s cost of
1493 undergraduate programs for the Florida College System
1494 institutions and the state universities. Boards of trustees may
1495 make exceptions to this section for individualized study,
1496 elective coursework, courses that are repeated as a requirement
1497 of a major, and courses that are intended as continuing over
1498 multiple semesters, excluding the repeat of coursework more than
1499 once two times to increase grade point average or meet minimum
1500 course grade requirements.
1501 Section 23. Paragraph (g) of subsection (4) of section
1502 1009.286, Florida Statutes, is amended to read:
1503 1009.286 Additional student payment for hours exceeding
1504 baccalaureate degree program completion requirements at state
1505 universities.—
1506 (4) For purposes of this section, credit hours earned under
1507 the following circumstances are not calculated as hours required
1508 to earn a baccalaureate degree:
1509 (g) Remedial and English as a Second Language credit hours.
1510 Section 24. Subsection (3) of section 1009.40, Florida
1511 Statutes, is amended to read:
1512 1009.40 General requirements for student eligibility for
1513 state financial aid awards and tuition assistance grants.—
1514 (3) Undergraduate students are eligible to receive
1515 financial aid for a maximum of 8 semesters or 12 quarters.
1516 However, undergraduate students participating in developmental
1517 education and college-preparatory instruction, students
1518 requiring additional time to complete the college-level
1519 communication and computation skills testing programs, or
1520 students enrolled in a 5-year undergraduate degree program are
1521 eligible to receive financial aid for a maximum of 10 semesters
1522 or 15 quarters.
1523 Section 25. Subsection (10) of section 1009.53, Florida
1524 Statutes, is amended to read:
1525 1009.53 Florida Bright Futures Scholarship Program.—
1526 (10) Funds from any scholarship within the Florida Bright
1527 Futures Scholarship Program may not be used to pay for
1528 developmental education remedial or college-preparatory
1529 coursework.
1530 Section 26. Subsection (7) of section 1009.531, Florida
1531 Statutes, is repealed.
1532 Section 27. Paragraph (b) of subsection (1) and subsection
1533 (5) of section 1011.84, Florida Statutes, are amended to read:
1534 1011.84 Procedure for determining state financial support
1535 and annual apportionment of state funds to each Florida College
1536 System institution district.—The procedure for determining state
1537 financial support and the annual apportionment to each Florida
1538 College System institution district authorized to operate a
1539 Florida College System institution under the provisions of s.
1540 1001.61 shall be as follows:
1541 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
1542 COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
1543 (b) The allocation of funds for Florida College System
1544 institutions is shall be based on advanced and professional
1545 disciplines, developmental education college-preparatory
1546 programs, and other programs for adults funded pursuant to s.
1547 1011.80.
1548 (5) REPORT OF DEVELOPMENTAL REMEDIAL EDUCATION.—Each
1549 Florida College System institution board of trustees shall
1550 report, as a separate item in its annual cost accounting system,
1551 the volume and cost of developmental education options provided
1552 to help students attain the communication and computation skills
1553 that are essential for college-level work pursuant to s. 1008.30
1554 remedial education activities as a separate item in its annual
1555 cost accounting system.
1556 Section 28. The Division of Law Revision and Information is
1557 directed to prepare a reviser’s bill for the 2014 Regular
1558 Session of the Legislature to change the terms “General
1559 Educational Development test” or “GED test” to “high school
1560 equivalency examination” and the terms “general education
1561 diploma,” “graduate equivalency diploma,” or “GED” to “high
1562 school equivalency diploma” wherever those terms appear in the
1563 Florida Statutes.
1564 Section 29. This act shall take effect July 1, 2013.
