Bill Text: FL S0540 | 2018 | Regular Session | Comm Sub
Bill Title: Postsecondary Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S0540 Detail]
Download: Florida-2018-S0540-Comm_Sub.html
Florida Senate - 2018 CS for CS for SB 540 By the Committees on Appropriations; and Education; and Senator Hukill 576-02418-18 2018540c2 1 A bill to be entitled 2 An act relating to postsecondary education; providing 3 a short title; creating s. 1001.6001, F.S.; creating 4 the State Board of Colleges; requiring the Governor to 5 appoint the membership of the state board; providing 6 that the appointments are subject to confirmation by 7 the Senate; requiring the Division of Florida Colleges 8 to provide administrative support to the state board 9 until a specified date; transferring the Florida 10 College System and the Division of Florida Colleges to 11 the state board on a specified date; requiring the 12 state board to appoint a Chancellor of the Florida 13 College System by a specified date; amending s. 20.15, 14 F.S.; removing the Division of Florida Colleges from 15 within the Department of Education; requiring the 16 department to provide support to the State Board of 17 Colleges; creating s. 20.156, F.S.; creating the State 18 Board of Colleges; assigning the state board to, and 19 administratively housing the state board within, the 20 department; providing the personnel for and powers and 21 duties of the state board; requiring the state board 22 to conduct an organizational meeting by a specified 23 date; amending s. 112.313, F.S.; prohibiting citizen 24 members of the State Board of Colleges or Florida 25 College System institution boards of trustees from 26 having an employment or contractual relationship as 27 specified lobbyists; amending s. 112.3145, F.S.; 28 revising the term “state officer” to include certain 29 Florida College System personnel; amending s. 1000.03, 30 F.S.; revising the function and mission of the Florida 31 K-20 education system; requiring the State Board of 32 Colleges to oversee enforcement of Florida College 33 System laws and rules; amending s. 1000.05, F.S.; 34 requiring the Chancellor of the Florida College 35 System, instead of the Commissioner of Education, to 36 make certain determinations regarding equal 37 opportunities at Florida College System institutions; 38 requiring the State Board of Colleges to adopt rules; 39 amending s. 1001.02, F.S.; revising the general powers 40 of the State Board of Education to exempt the Florida 41 College System from certain provisions; deleting 42 duties of the State Board of Education regarding the 43 Florida College System; amending s. 1001.03, F.S.; 44 revising certain articulation accountability and 45 enforcement measures; requiring the State Board of 46 Education to collect information in conjunction with 47 the Board of Governors and the State Board of 48 Colleges; deleting duties of the State Board of 49 Education regarding the Florida College System; 50 amending ss. 1001.10 and 1001.11, F.S.; revising the 51 general powers and duties of the Commissioner of 52 Education to exempt the Florida College System from 53 certain powers and duties; amending s. 1001.20, F.S.; 54 revising duties of the Office of Inspector General 55 within the department regarding the Florida College 56 System; amending s. 1001.28, F.S.; providing that the 57 powers and duties of the State Board of Colleges are 58 not abrogated, superseded, altered, or amended by 59 certain provisions relating to the department’s duties 60 for distance learning; amending s. 1001.42, F.S.; 61 prohibiting a technical center governing board from 62 approving certain courses and programs; amending s. 63 1001.44, F.S.; providing the primary mission of a 64 career center operated by a district school board; 65 prohibiting specified career centers from offering 66 certain courses and programs; amending s. 1001.60, 67 F.S.; conforming provisions to changes made by the 68 act; creating s. 1001.601, F.S.; establishing the 69 State Board of Colleges; providing the membership of 70 the board; creating s. 1001.602, F.S.; providing the 71 responsibilities and duties of the State Board of 72 Colleges; requiring the state board to coordinate with 73 the State Board of Education; requiring the state 74 board, in collaboration with the State Board of 75 Education, to adopt specified definitions by rule; 76 amending ss. 1001.61, 1001.64, and 1001.65, F.S.; 77 conforming provisions to changes made by the act; 78 amending s. 1001.66, F.S.; revising requirements for 79 the performance-based metrics used to award Florida 80 College System institutions with performance-based 81 incentives; amending s. 1001.67, F.S.; revising the 82 Distinguished Florida College System Institution 83 Program excellence standards requirements; amending s. 84 1001.706, F.S.; revising cooperation duties of the 85 Board of Governors to include requirements for working 86 with the State Board of Colleges; amending s. 1002.34, 87 F.S.; providing the primary mission of a charter 88 technical career center; prohibiting specified charter 89 technical career centers from offering certain courses 90 and programs; providing for rulemaking; amending s. 91 1003.491, F.S.; revising the Florida Career and 92 Professional Education Act to require the State Board 93 of Colleges to recommend, jointly with the Board of 94 Governors and the Commissioner of Education, certain 95 deadlines for new core courses; amending s. 1003.493, 96 F.S.; revising department duties regarding 97 articulation and the transfer of credits to 98 postsecondary institutions to include consultation 99 with the State Board of Colleges; amending s. 100 1004.015, F.S.; providing that the Higher Education 101 Coordinating Council serves as an advisory board to, 102 in addition to other bodies, the State Board of 103 Colleges; revising council reporting requirements to 104 include a report to the state board; requiring the 105 state board to collaborate with the Office of K-20 106 Articulation to provide administrative support for the 107 council; amending ss. 1004.02 and 1004.03, F.S.; 108 conforming provisions to changes made by the act; 109 amending s. 1004.04, F.S.; revising department 110 reporting requirements regarding teacher preparation 111 programs to require a report to the State Board of 112 Colleges; amending s. 1004.07, F.S.; providing that 113 the State Board of Colleges, instead of the State 114 Board of Education, provide guidelines for Florida 115 College System institution boards of trustees’ 116 policies; amending ss. 1004.084, 1004.085, 1004.096, 117 1004.0961, 1004.35, and 1004.6495, F.S.; conforming 118 provisions to changes made by the act; amending s. 119 1004.65, F.S.; revising Florida College System 120 institution governance, mission, and responsibilities, 121 to provide authority and duties to the State Board of 122 Colleges, instead of the State Board of Education; 123 providing that offering upper-level instruction and 124 awarding baccalaureate degrees are a secondary and not 125 a primary role of a Florida College System 126 institution; amending s. 1004.67, F.S.; conforming 127 provisions to changes made by the act; amending s. 128 1004.70, F.S.; revising requirements for appointments 129 to the board of directors; prohibiting a Florida 130 College System institution board of trustees from 131 authorizing a Florida College System institution 132 direct-support organization to use personal services 133 and state funds for travel expenses after a specified 134 date; deleting an exception to the prohibition on 135 gifts to a political committee from a Florida College 136 System institution direct-support organization; 137 conforming provisions to changes made by the act; 138 amending s. 1004.71, F.S.; conforming provisions to 139 changes made by the act; amending s. 1004.74, F.S.; 140 requiring the Chancellor of the Florida College 141 System, jointly with the Commissioner of Education, to 142 appoint members of the Council for the Florida School 143 for the Arts; amending ss. 1004.78 and 1004.80, F.S.; 144 conforming provisions to changes made by the act; 145 amending s. 1004.91, F.S.; requiring the State Board 146 of Colleges to collaborate with the State Board of 147 Education to provide certain rules for Florida College 148 System institutions regarding requirements for career 149 education program basic skills; amending s. 1004.92, 150 F.S.; providing accountability for career education 151 for the State Board of Colleges; revising the 152 department’s accountability for career education; 153 requiring the department and the State Board of 154 Colleges to collaborate to develop certain standards 155 and benchmarks; requiring the State Board of Education 156 and the State Board of Colleges to collaborate to 157 adopt rules; amending s. 1004.925, F.S.; revising 158 industry certification requirements for automotive 159 service technology education programs to include rules 160 adopted by the State Board of Colleges; amending s. 161 1004.93, F.S.; conforming provisions to changes made 162 by the act; amending s. 1006.60, F.S.; authorizing 163 sanctions for violations of certain rules of the State 164 Board of Colleges, instead of for violations of 165 certain rules of the State Board of Education; 166 amending ss. 1006.61, 1006.62, and 1006.71, F.S.; 167 conforming provisions to changes made by the act; 168 amending s. 1007.01, F.S.; revising the role of the 169 State Board of Education and the Board of Governors in 170 the statewide articulation system to include the State 171 Board of Colleges and the Chancellor of the Florida 172 College System; amending s. 1007.23, F.S.; requiring 173 each Florida College System institution and each state 174 university to execute at least one “2+2” targeted 175 pathway articulation agreement by a specified time; 176 providing requirements and student eligibility for the 177 agreements; requiring the State Board of Colleges and 178 the Board of Governors to collaborate to eliminate 179 barriers in executing the agreements; amending s. 180 1007.24, F.S.; revising the statewide course numbering 181 system to include participation by and input from the 182 State Board of Colleges and the Chancellor of the 183 Florida College System; amending ss. 1007.25, 184 1007.262, 1007.263, 1007.264, and 1007.265, F.S.; 185 conforming provisions to changes made by the act; 186 amending s. 1007.27, F.S.; requiring school districts 187 to notify students about certain lists and 188 equivalencies; amending s. 1007.271, F.S.; requiring 189 the State Board of Education to collaborate with the 190 State Board of Colleges regarding certain articulation 191 agreements; amending s. 1007.273, F.S.; requiring the 192 State Board of Colleges to enforce compliance with 193 certain provisions relating to the collegiate high 194 school program by a specified date each year; amending 195 s. 1007.33, F.S.; prohibiting Florida College System 196 institutions from offering bachelor of arts degree 197 programs; deleting provisions relating to an 198 authorization for the Board of Trustees of St. 199 Petersburg College to establish certain baccalaureate 200 degree programs; revising the approval process for 201 baccalaureate degree programs proposed by Florida 202 College System institutions; requiring a Florida 203 College System institution to annually report certain 204 information to the State Board of Colleges, the 205 Chancellor of the State University System, and the 206 Legislature; revising the circumstances under which a 207 baccalaureate degree program may be required to be 208 modified or terminated; requiring that a baccalaureate 209 degree program be terminated under certain 210 circumstances; restricting total upper-level, 211 undergraduate full-time equivalent enrollment at 212 Florida College System institutions and within the 213 Florida College System; amending s. 1008.30, F.S.; 214 requiring the State Board of Colleges, rather than the 215 State Board of Education, to develop and implement a 216 specified common placement test and approve a 217 specified series of meta-majors and academic pathways 218 with the Board of Governors; providing that certain 219 state universities may continue to provide 220 developmental education instruction; establishing the 221 Supporting Students for Academic Success Program; 222 providing the purpose, requirements, funding, and 223 reporting requirements of the program; amending s. 224 1008.31, F.S.; revising the legislative intent of 225 Florida’s K-20 education performance and 226 accountability system to include recommendations from 227 and reports to the State Board of Colleges; amending 228 s. 1008.32, F.S.; removing the oversight enforcement 229 authority of the State Board of Education relating to 230 the Florida College System; amending s. 1008.345, 231 F.S.; revising department responsibilities associated 232 with the system of educational accountability to 233 include duties for the State Board of Colleges; 234 amending s. 1008.37, F.S.; revising certain student 235 reporting requirements of the Commissioner of 236 Education to also require a report to the State Board 237 of Colleges; amending s. 1008.38, F.S.; revising the 238 articulation accountability process to include 239 participation by the State Board of Colleges; amending 240 s. 1008.405, F.S.; requiring the State Board of 241 Colleges to adopt rules for the maintenance of 242 specific information by Florida College System 243 institutions; amending ss. 1008.44, 1008.45, 1009.21, 244 1009.22, 1009.23, and 1009.25, F.S.; conforming 245 provisions to changes made by the act; amending s. 246 1009.26, F.S.; requiring that certain information 247 regarding fee waivers be reported to the State Board 248 of Colleges; requiring the State Board of Colleges to 249 adopt rules; amending s. 1009.28, F.S.; conforming 250 provisions to changes made by the act; amending ss. 251 1009.90 and 1009.91, F.S.; revising the duties of the 252 department to include reports to the State Board of 253 Colleges; amending s. 1009.971, F.S.; conforming 254 provisions to changes made by the act; amending s. 255 1010.01, F.S.; requiring the financial records and 256 accounts of Florida College System institutions to 257 follow rules of the State Board of Colleges, instead 258 of the State Board of Education; requiring each 259 Florida College System institution to annually file 260 specified financial statements with the State Board of 261 Colleges; amending ss. 1010.02 and 1010.04, F.S.; 262 requiring the funds accruing to and purchases and 263 leases by Florida College System institutions to 264 follow rules of the State Board of Colleges, instead 265 of the State Board of Education; amending s. 1010.07, 266 F.S.; requiring certain contractors to give bonds in 267 an amount set by the State Board of Colleges; amending 268 s. 1010.08, F.S.; authorizing Florida College System 269 boards of trustees to budget for promotion and public 270 relations from certain funds; amending ss. 1010.09, 271 1010.22, 1010.30, and 1010.58, F.S.; conforming 272 provisions to changes made by the act; amending s. 273 1011.01, F.S.; requiring each Florida College System 274 institution board of trustees to submit an annual 275 operating budget according to rules of the State Board 276 of Colleges; amending s. 1011.011, F.S.; requiring the 277 State Board of Education to collaborate with the State 278 Board of Colleges on legislative budget requests 279 relating to Florida College System institutions; 280 amending ss. 1011.30 and 1011.32, F.S.; conforming 281 provisions to changes made by the act; amending s. 282 1011.80, F.S.; conforming provisions to changes made 283 by the act; authorizing the State Board of Colleges to 284 adopt rules; amending s. 1011.801, F.S.; specifying 285 duties of the State Board of Colleges regarding funds 286 for the operation of workforce education programs and 287 the Workforce Development Capitalization Incentive 288 Grant Program; amending ss. 1011.81, 1011.82, 1011.83, 289 1011.84, and 1011.85, F.S.; conforming provisions to 290 changes made by the act; amending s. 1012.01, F.S.; 291 redefining the term “school officers”; amending ss. 292 1012.80, 1012.81, 1012.83, 1012.855, and 1012.86, 293 F.S.; conforming provisions to changes made by the 294 act; amending s. 1013.01, F.S.; providing that the 295 term “board” does not include the State Board of 296 Colleges when used in the context of certain 297 educational facilities provisions; amending ss. 298 1013.02 and 1013.03, F.S.; requiring the State Board 299 of Colleges to adopt rules for and provide functions 300 relating to educational facilities; amending s. 301 1013.28, F.S.; authorizing Florida College System 302 institution boards of trustees to dispose of land or 303 real property subject to rules of the State Board of 304 Colleges; amending s. 1013.31, F.S.; specifying the 305 role of the State Board of Colleges in educational 306 plant surveys for Florida College System institutions; 307 amending ss. 1013.36, 1013.37, and 1013.40, F.S.; 308 conforming provisions to changes made by the act; 309 amending s. 1013.47, F.S.; providing that certain 310 contractors are subject to rules of the State Board of 311 Colleges; amending s. 1013.52, F.S.; specifying duties 312 of the State Board of Colleges with regard to the 313 cooperative development and joint use of facilities; 314 amending s. 1013.65, F.S.; requiring the State Board 315 of Colleges to be provided with copies of authorized 316 allocations or reallocations for the Public Education 317 Capital Outlay and Debt Service Trust Fund; providing 318 appropriations effective on specified dates; requiring 319 the State Board of Colleges to distribute certain 320 funds and establish certain procedures and timelines 321 for colleges by a specified date; requiring the 322 Chancellor of the Florida College System to prepare 323 certain reports by a specified date; specifying that 324 certain industry certifications may be reported and 325 included in the allocation of funds for the 2018-2019 326 fiscal year; requiring colleges to maintain certain 327 documentation for industry certifications; requiring 328 the Auditor General to verify compliance with 329 specified requirements; transferring certain funds 330 relating to the Florida College System currently 331 assigned to and administered by the State Board of 332 Education to the State Board of Colleges; providing 333 effective dates. 334 335 Be It Enacted by the Legislature of the State of Florida: 336 337 Section 1. Section 1. This act shall be cited as the 338 “College Competitiveness Act of 2018.” 339 Section 2. Effective July 1, 2018, section 1001.6001, 340 Florida Statutes, is created to read: 341 1001.6001 Florida College System governance.— 342 (1) The State Board of Colleges is created pursuant to s. 343 20.156 to oversee and coordinate the Florida College System. The 344 Governor shall appoint the membership of the State Board of 345 Colleges, subject to confirmation by the Senate, in time for the 346 members to convene for the board’s organizational meeting 347 pursuant to s. 20.156(5). 348 (2) The Division of Florida Colleges shall provide 349 administrative support to the State Board of Colleges until 350 September 30, 2018. 351 (3) On October 1, 2018, all powers, duties, functions, 352 records, offices, personnel, property, pending issues and 353 existing contracts, administrative authority, administrative 354 rules, and unexpended balances of appropriations, allocations, 355 and other funds related to the Florida College System and the 356 Division of Florida Colleges are transferred by a type two 357 transfer, as defined in s. 20.06(2), from the State Board of 358 Education to the State Board of Colleges. 359 (4) The State Board of Colleges shall appoint a Chancellor 360 of the Florida College System by November 1, 2018, to aid the 361 board in the implementation of its responsibilities. 362 (5) Any State Board of Education approval, policy, 363 guidance, and appointment in effect on October 1, 2018, remains 364 effective unless acted upon by the State Board of Colleges. 365 Section 3. Subsections (3) and (8) of section 20.15, 366 Florida Statutes, are amended to read: 367 20.15 Department of Education.—There is created a 368 Department of Education. 369 (3) DIVISIONS.—The following divisions of the Department of 370 Education are established: 371(a) Division of Florida Colleges.372 (a)(b)Division of Public Schools. 373 (b)(c)Division of Career and Adult Education. 374 (c)(d)Division of Vocational Rehabilitation. 375 (d)(e)Division of Blind Services. 376 (e)(f)Division of Accountability, Research, and 377 Measurement. 378 (f)(g)Division of Finance and Operations. 379 (g)(h)Office of K-20 Articulation. 380 (h)(i)The Office of Independent Education and Parental 381 Choice, which must include the following offices: 382 1. The Office of Early Learning, which shall be 383 administered by an executive director who is fully accountable 384 to the Commissioner of Education. The executive director shall, 385 pursuant to s. 1001.213, administer the early learning programs, 386 including the school readiness program and the Voluntary 387 Prekindergarten Education Program at the state level. 388 2. The Office of K-12 School Choice, which shall be 389 administered by an executive director who is fully accountable 390 to the Commissioner of Education. 391 (8) SUPPORT SERVICES.—The Department of Education shall 392 continue to provide support to the Board of Governors of the 393 State University System and to the State Board of Colleges of 394 the Florida College System. At a minimum, support services 395 provided to the Board of Governors and the State Board of 396 Colleges shall include accounting, printing, computer and 397 Internet support, personnel and human resources support, support 398 for accountability initiatives, and administrative support as 399 needed for trust funds under the jurisdiction of the Board of 400 Governors and the State Board of Colleges. 401 Section 4. Effective July 1, 2018, section 20.156, Florida 402 Statutes, is created to read: 403 20.156 State Board of Colleges.— 404 (1) GENERAL PROVISIONS.—The State Board of Colleges is 405 created. For the purposes of s. 6, Art. IV of the State 406 Constitution, the state board shall be assigned to and 407 administratively housed within the Department of Education. 408 However, the state board shall independently exercise the powers 409 and duties in s. 1001.602; is a separate budget program; and is 410 not subject to control, supervision, or direction by the 411 department. For purposes of this section, the State Board of 412 Colleges is referred to as the “state board.” 413 (2) HEAD OF THE FLORIDA COLLEGE SYSTEM.—The state board is 414 the head of the Florida College System. The Governor shall 415 appoint the board members, subject to confirmation by the 416 Senate. 417 (3) PERSONNEL.—The state board shall appoint a Chancellor 418 of the Florida College System by November 1, 2018, to aid in 419 carrying out the state board’s duties. The chancellor is the 420 chief executive officer and secretary to the state board and 421 directs the activities of the staff of the state board. The 422 Chancellor of the Division of Florida Colleges shall serve as 423 the Chancellor of the Florida College System until the state 424 board selects a chancellor. 425 (4) POWERS AND DUTIES.—Effective October 1, 2018, the state 426 board shall regulate, control, and be responsible for the 427 management of the Florida College System. 428 (5) ORGANIZATION.—The state board shall, by September 30, 429 2018, conduct an organizational meeting to adopt bylaws, elect a 430 chair and vice chair from the membership, and fix dates and 431 places for regular meetings. 432 Section 5. Subsection (18) is added to section 112.313, 433 Florida Statutes, to read: 434 112.313 Standards of conduct for public officers, employees 435 of agencies, and local government attorneys.— 436 (18) STATE BOARD OF COLLEGES AND BOARDS OF TRUSTEES.—A 437 citizen member of the State Board of Colleges or a citizen 438 member of a Florida College System institution board of trustees 439 may not have or hold an employment or contractual relationship 440 as a legislative lobbyist requiring annual registration and 441 reporting pursuant to s. 11.045. 442 Section 6. Paragraph (c) of subsection (1) of section 443 112.3145, Florida Statutes, is amended to read: 444 112.3145 Disclosure of financial interests and clients 445 represented before agencies.— 446 (1) For purposes of this section, unless the context 447 otherwise requires, the term: 448 (c) “State officer” means: 449 1. Any elected public officer, excluding those elected to 450 the United States Senate and House of Representatives, not 451 covered elsewhere in this part and any person who is appointed 452 to fill a vacancy for an unexpired term in such an elective 453 office. 454 2. An appointed member of each board, commission, 455 authority, or council having statewide jurisdiction, excluding a 456 member of an advisory body. 457 3. A member of the Board of Governors of the State 458 University System or a state university board of trustees, the 459 Chancellor and Vice Chancellors of the State University System, 460 and the president of a state university; or a member of the 461 State Board of Colleges and the Chancellor of the Florida 462 College System. 463 4. A member of the judicial nominating commission for any 464 district court of appeal or any judicial circuit. 465 Section 7. Subsections (2) and (4) of section 1000.03, 466 Florida Statutes, are amended to read: 467 1000.03 Function, mission, and goals of the Florida K-20 468 education system.— 469 (2)(a) The Legislature shall establish education policy, 470 enact education laws, and appropriate and allocate education 471 resources. 472 (b) With the exception of matters relating to the State 473 University System and the Florida College System, the State 474 Board of Education shall oversee the enforcement of all laws and 475 rules, and the timely provision of direction, resources, 476 assistance, intervention when needed, and strong incentives and 477 disincentives to force accountability for results. 478 (c) The Board of Governors shall oversee the enforcement of 479 all state university laws and rules and regulations and the 480 timely provision of direction, resources, assistance, 481 intervention when needed, and strong incentives and 482 disincentives to force accountability for results. 483 (d) The State Board of Colleges shall oversee the 484 enforcement of all Florida College System laws and rules and the 485 timely provision of direction, resources, assistance, 486 intervention when needed, and strong incentives and 487 disincentives to force accountability for results. 488 (4) The mission of Florida’s K-20 education system is to 489 allow its students to increase their proficiency by allowing 490 them the opportunity to expand their knowledge and skills 491 through rigorous and relevant learning opportunities, in 492 accordance with the mission of the applicable career center or 493 systemstatementand the accountability requirements of s. 494 1008.31, and to avoid wasteful duplication of programs offered 495 by state universities, Florida College System institutions, and 496 career centers and charter technical career centers that are 497 operated by a district school board or a Florida College System 498 institution board of trustees. 499 Section 8. Paragraph (d) of subsection (3) and subsections 500 (5) and (6) of section 1000.05, Florida Statutes, are amended to 501 read: 502 1000.05 Discrimination against students and employees in 503 the Florida K-20 public education system prohibited; equality of 504 access required.— 505 (3) 506 (d) A public K-20 educational institution which operates or 507 sponsors interscholastic, intercollegiate, club, or intramural 508 athletics shall provide equal athletic opportunity for members 509 of both genders. 510 1. The Board of Governors shall determine whether equal 511 opportunities are available at state universities. 512 2. The Commissioner of Education, for school districts, and 513 the Chancellor of the Florida College System, for Florida 514 College System institutions, shall determine whether equal 515 opportunities are available in school districts and Florida 516 College System institutions, respectively. In determining 517 whether equal opportunities are available in school districts 518 and Florida College System institutions, the Commissioner of 519 Education and the Chancellor of the Florida College System shall 520 consider, among other factors: 521 a. Whether the selection of sports and levels of 522 competition effectively accommodate the interests and abilities 523 of members of both genders. 524 b. The provision of equipment and supplies. 525 c. Scheduling of games and practice times. 526 d. Travel and per diem allowances. 527 e. Opportunities to receive coaching and academic tutoring. 528 f. Assignment and compensation of coaches and tutors. 529 g. Provision of locker room, practice, and competitive 530 facilities. 531 h. Provision of medical and training facilities and 532 services. 533 i. Provision of housing and dining facilities and services. 534 j. Publicity. 535 536 Unequal aggregate expenditures for members of each gender or 537 unequal expenditures for male and female teams if a public 538 school or Florida College System institution operates or 539 sponsors separate teams do not constitute nonimplementation of 540 this subsection, but the Commissioner of Education shall 541 consider the failure to provide necessary funds for teams for 542 one gender in assessing equality of opportunity for members of 543 each gender. 544 (5)(a) The State Board of Education shall adopt rules to 545 implement this section as it relates to school districtsand546Florida College System institutions. 547 (b) The Board of Governors shall adopt regulations to 548 implement this section as it relates to state universities. 549 (c) The State Board of Colleges shall adopt rules to 550 implement this section as it relates to Florida College System 551 institutions. 552 (6) The functions of the State Board of Colleges for 553 Florida College System institutions and the Office of Equal 554 Educational Opportunity of the Department of Education shall 555 include, but are not limited to: 556 (a) Requiring all district school boards and Florida 557 College System institution boards of trustees to develop and 558 submit plans for the implementation of this section to the 559 Department of Education. 560 (b) Conducting periodic reviews of school districts and 561 Florida College System institutions to determine compliance with 562 this section and, after a finding that a school district or a 563 Florida College System institution is not in compliance with 564 this section, notifying the entity of the steps that it must 565 take to attain compliance and performing followup monitoring. 566 (c) Providing technical assistance, including assisting 567 school districts or Florida College System institutions in 568 identifying unlawful discrimination and instructing them in 569 remedies for correction and prevention of such discrimination 570 and performing followup monitoring. 571 (d) Conducting studies of the effectiveness of methods and 572 strategies designed to increase the participation of students in 573 programs and courses in which students of a particular race, 574 ethnicity, national origin, gender, disability, or marital 575 status have been traditionally underrepresented and monitoring 576 the success of students in such programs or courses, including 577 performing followup monitoring. 578 (e) Requiring all district school boards and Florida 579 College System institution boards of trustees to submit data and 580 information necessary to determine compliance with this section. 581 The Commissioner of Education, for school districts, and the 582 Chancellor of the Florida College System, for Florida College 583 System institutions, shall prescribe the format and the date for 584 submission of such data and any other educational equity data. 585 If any board does not submit the required compliance data or 586 other required educational equity data by the prescribed date, 587 the commissioner or the chancellor, as applicable, shall notify 588 the board of this fact and, if the board does not take 589 appropriate action to immediately submit the required report, 590 the State Board of Education or the State Board of Colleges, as 591 applicable, shall impose monetary sanctions. 592 (f) Based upon rules of the State Board of Education, for 593 school districts, and the State Board of Colleges, for Florida 594 College System institutions, developing and implementing 595 enforcement mechanisms with appropriate penalties to ensure that 596 public K-12 schools and Florida College System institutions 597 comply with Title IX of the Education Amendments of 1972 and 598 subsection (3) of this section. However, the State Board of 599 Education may not force a public school and the State Board of 600 Colleges may not force aorFlorida College System institution 601 to conduct, nor penalize such entity for not conducting, a 602 program of athletic activity or athletic scholarship for female 603 athletes unless it is an athletic activity approved for women by 604 a recognized association whose purpose is to promote athletics 605 and a conference or league exists to promote interscholastic or 606 intercollegiate competition for women in that athletic activity. 607 (g) Reporting to the Commissioner of Education, for school 608 districts, or to the Chancellor of the Florida College System, 609 for Florida College System institutions, any district school 610 board or Florida College System institution board of trustees 611 found to be out of compliance with rules of the State Board of 612 Education or the State Board of Colleges adopted as required by 613 paragraph (f) or paragraph (3)(d). To penalize the respective 614 board, the State Board of Education or the State Board of 615 Colleges, as applicable, shall: 616 1. Declare the school district or Florida College System 617 institution ineligible for competitive state grants. 618 2. Notwithstanding the provisions of s. 216.192, direct the 619 Chief Financial Officer to withhold general revenue funds 620 sufficient to obtain compliance from the school district or 621 Florida College System institution. 622 623 The school district or Florida College System institution shall 624 remain ineligible and the funds mayshallnot be paid until the 625 institution comes into compliance or the State Board of 626 Education or the State Board of Colleges, as applicable, 627 approves a plan for compliance. 628 Section 9. Section 1001.02, Florida Statutes, is amended to 629 read: 630 1001.02 General powers of State Board of Education.— 631 (1) The State Board of Education is the chief implementing 632 and coordinating body of public education in Florida except for 633 the State University System and the Florida College System, and 634 it shall focus on high-level policy decisions. It has authority 635 to adopt rules pursuant to ss. 120.536(1) and 120.54 to 636 implement the provisions of law conferring duties upon it for 637 the improvement of the state system of K-20 public education 638 except for the State University System and the Florida College 639 System. Except as otherwise provided herein, it may, as it finds 640 appropriate, delegate its general powers to the Commissioner of 641 Education or the directors of the divisions of the department. 642 (2) The State Board of Education has the following duties: 643 (a) To adopt comprehensive educational objectives for 644 public education except for the State University System and the 645 Florida College System. 646 (b) To adopt comprehensive long-range plans and short-range 647 programs for the development of the state system of public 648 education except for the State University System and the Florida 649 College System. 650 (c) To exercise general supervision over the divisions of 651 the Department of Education as necessary to ensure coordination 652 of educational plans and programs and resolve controversies and 653 to minimize problems of articulation and student transfers, to 654 ensure that students moving from one level of education to the 655 next have acquired competencies necessary for satisfactory 656 performance at that level, and to ensure maximum utilization of 657 facilities. 658 (d) To adopt, in consultation with the Board of Governors 659 and the State Board of Colleges, and from time to time modify, 660 minimum and uniform standards of college-level communication and 661 computation skills generally associated with successful 662 performance and progression through the baccalaureate level and 663 to identify college-preparatory high school coursework and 664 postsecondary-level coursework that prepares students with the 665 academic skills necessary to succeed in postsecondary education. 666 (e) To adopt and submit to the Governor and Legislature, as 667 provided in s. 216.023, a coordinated K-20 education budget that 668 estimates the expenditure requirements for the Board of 669 Governors, as provided in s. 1001.706, the State Board of 670 Education, including the Department of Education and the 671 Commissioner of Education, and all of the boards, institutions, 672 agencies, and services under the general supervision of the 673 Board of Governors, as provided in s. 1001.706, the State Board 674 of Colleges, as provided in s. 1001.602, or the State Board of 675 Education for the ensuing fiscal year. The State Board of 676 Education may not amend the budget request submitted by the 677 Board of Governors or the State Board of Colleges. Any program 678 recommended by the Board of Governors, the State Board of 679 Colleges, or the State Board of Education which will require 680 increases in state funding for more than 1 year must be 681 presented in a multiyear budget plan. 682 (f) To hold meetings, transact business, keep records, 683 adopt a seal, and, except as otherwise provided by law, perform 684 such other duties as may be necessary for the enforcement of 685 laws and rules relating to the state system of public education. 686 (g) To approve plans for cooperating with the Federal 687 Government. 688 (h) To approve plans for cooperating with other public 689 agencies in the development of rules and in the enforcement of 690 laws for which the state board and such agencies are jointly 691 responsible. 692 (i) To review plans for cooperating with appropriate 693 nonpublic agencies for the improvement of conditions relating to 694 the welfare of schools. 695 (j) To create such subordinate advisory bodies as are 696 required by law or as it finds necessary for the improvement of 697 education. 698 (k) To constitute any education bodies or other structures 699 as required by federal law. 700 (l) To assist in the economic development of the state by 701 developing a state-level planning process to identify future 702 training needs for industry, especially high-technology 703 industry. 704 (m) To assist in the planning and economic development of 705 the state by establishing a clearinghouse for information on 706 educational programs of value to economic development. 707 (n) To adopt cohesive rules pursuant to ss. 120.536(1) and 708 120.54, within statutory authority. 709 (o) To authorize the allocation of resources in accordance 710 with law and rule. 711 (p) To contract with independent institutions accredited by 712 an agency whose standards are comparable to the minimum 713 standards required to operate a postsecondary career center 714educational institution at that level in the state. The purpose 715 of the contract is to provide those educational programs and 716 facilities which will meet needs unfulfilled by the state system 717 of public postsecondary education. 718 (q) To recommend that a district school board take action 719 consistent with the state board’s decision relating to an appeal 720 of a charter school application. 721 (r) To enforce systemwide education goals and policies 722 except as otherwise provided by law. 723 (s) To establish a detailed procedure for the 724 implementation and operation of a systemwide K-20 technology 725 plan that is based on a common set of data definitions. 726 (t) To establish accountability standards for existing 727 legislative performance goals, standards, and measures, and 728 order the development of mechanisms to implement new legislative 729 goals, standards, and measures. 730 (u) To adopt criteria and implementation plans for future 731 growth issues,such as new Florida College System institutions732and Florida College System institution campus mergers,and to 733 provide for cooperative agreements between and within public and 734 private education sectors. 735 (v) To develop, in conjunction with the Board of Governors 736 and the State Board of Colleges, and periodically review for 737 adjustment, a coordinated 5-year plan for postsecondary 738 enrollment, identifying enrollment and graduation expectations 739 by baccalaureate degree program, and annually submit the plan to 740 the Legislature as part of its legislative budget request. 741(w) Beginning in the 2014-2015 academic year and annually742thereafter, to require each Florida College System institution743prior to registration to provide each enrolled student744electronic access to the economic security report of employment745and earning outcomes prepared by the Department of Economic746Opportunity pursuant to s. 445.07.747 (3)(a) The State Board of Education shall adopt a strategic 748 plan that specifies goals and objectives for the state’s public 749 schoolsand Florida College System institutions. The plan shall 750 be formulated in conjunction with plans of the Board of 751 Governors and the State Board of Colleges in order to provide 752 for the roles of the universities and Florida College System 753 institutions to be coordinated to best meet state needs and 754 reflect cost-effective use of state resources. The strategic 755 plan must clarify the mission statements of each Florida College 756 System institution and the system as a whole and identify degree 757 programs, including baccalaureate degree programs, to be offered 758 at each Florida College System institution in accordance with 759 the objectives provided in this subsection and the coordinated 760 5-year plan pursuant to paragraph (2)(v). The strategic plan 761 must cover a period of 5 years, with modification of the program 762 lists after 2 years. Development of each 5-year plan must be 763 coordinated with and initiated after completion of the master 764 plan. The strategic plans must specifically include programs and 765 procedures for responding to the educational needs of teachers 766 and students in the public schools of this state and consider 767 reports and recommendations of the Higher Education Coordinating 768 Council pursuant to s. 1004.015 and the Articulation 769 Coordinating Committee pursuant to s. 1007.01. The state board 770 shall submit a report to the President of the Senate and the 771 Speaker of the House of Representatives upon modification of the 772 plan and as part of its legislative budget request. 773 (b) The State Board of Education,andthe Board of 774 Governors, and the State Board of Colleges shall jointly develop 775 long-range plans and annual reports for financial aid in this 776 state. The long-range plans shall establish goals and objectives 777 for a comprehensive program of financial aid for Florida 778 students and shall be updated every 5 years. The annual report 779 shall include programs administered by the department as well as 780 awards made from financial aid fee revenues, any other funds 781 appropriated by the Legislature for financial assistance, and 782 the value of tuition and fees waived for students enrolled in a 783 dual enrollment course at a public postsecondary educational 784 institution. The annual report shall include an assessment of 785 progress made in achieving goals and objectives established in 786 the long-range plans and recommendations for repealing or 787 modifying existing financial aid programs or establishing new 788 programs. A long-range plan shall be submitted by January 1, 789 2004, and every 5 years thereafter. An annual report shall be 790 submitted on January 1, 2004, and in each successive year that a 791 long-range plan is not submitted, to the President of the Senate 792 and the Speaker of the House of Representatives. 793 (4) The State Board of Education shall:794(a) Provide for each Florida College System institution to795offer educational training and service programs designed to meet796the needs of both students and the communities served.797(b) Specify, by rule, procedures to be used by the Florida798College System institution boards of trustees in the annual799evaluations of presidents and review the evaluations of800presidents by the boards of trustees, including the extent to801which presidents serve both institutional and system goals.802(c) Establish, in conjunction with the Board of Governors,803an effective information system that will provide composite data804concerning the Florida College System institutions and state805universities and ensure that special analyses and studies806concerning the institutions are conducted, as necessary, for807provision of accurate and cost-effective information concerning808the institutions.809(d) Establish criteria for making recommendations for810modifying district boundary lines for Florida College System811institutions, including criteria for service delivery areas of812Florida College System institutions authorized to grant813baccalaureate degrees.814(e) Establish criteria for making recommendations815concerning all proposals for the establishment of additional816centers or campuses for Florida College System institutions.817(f) Examine the annual administrative review of each818Florida College System institution.819(g)adopt and submit to the Legislature a 3-year list of 820 priorities for fixed-capital-outlay projects. The State Board of 821 Education may not amend the 3-year list of priorities of the 822 Board of Governors or the State Board of Colleges. 823(5) The State Board of Education is responsible for824reviewing and administering the state program of support for the825Florida College System institutions and, subject to existing826law, shall establish the tuition and out-of-state fees for827developmental education and for credit instruction that may be828counted toward an associate in arts degree, an associate in829applied science degree, or an associate in science degree.830(6) The State Board of Education shall prescribe minimum831standards, definitions, and guidelines for Florida College832System institutions that will ensure the quality of education,833coordination among the Florida College System institutions and834state universities, and efficient progress toward accomplishing835the Florida College System institution mission. At a minimum,836these rules must address:837(a) Personnel.838(b) Contracting.839(c) Program offerings and classification, including840college-level communication and computation skills associated841with successful performance in college and with tests and other842assessment procedures that measure student achievement of those843skills. The performance measures must provide that students844moving from one level of education to the next acquire the845necessary competencies for that level.846(d) Provisions for curriculum development, graduation847requirements, college calendars, and program service areas.848These provisions must include rules that:8491. Provide for the award of an associate in arts degree to850a student who successfully completes 60 semester credit hours at851the Florida College System institution.8522. Require all of the credits accepted for the associate in853arts degree to be in the statewide course numbering system as854credits toward a baccalaureate degree offered by a state855university or a Florida College System institution.8563. Require no more than 36 semester credit hours in general857education courses in the subject areas of communication,858mathematics, social sciences, humanities, and natural sciences.859 860The rules should encourage Florida College System institutions861to enter into agreements with state universities that allow862Florida College System institution students to complete upper863division-level courses at a Florida College System institution.864An agreement may provide for concurrent enrollment at the865Florida College System institution and the state university and866may authorize the Florida College System institution to offer an867upper-division-level course or distance learning.868(e) Student admissions, conduct and discipline,869nonclassroom activities, and fees.870(f) Budgeting.871(g) Business and financial matters.872(h) Student services.873(i) Reports, surveys, and information systems, including874forms and dates of submission.875 Section 10. Subsections (7) through (17) of section 876 1001.03, Florida Statutes, are amended to read: 877 1001.03 Specific powers of State Board of Education.— 878 (7) ARTICULATION ACCOUNTABILITY.—The State Board of 879 Education shall develop articulation accountability measures 880 that assess the status of systemwide articulation processes, in 881 conjunction with the Board of Governors regarding the State 882 University System and the State Board of Colleges regarding the 883 Florida College System, and shall establish an articulation 884 accountability process in accordance with the provisions of 885 chapter 1008, in conjunction with the Board of Governors 886 regarding the State University System and the State Board of 887 Colleges regarding the Florida College System. 888 (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education 889 shall enforce compliance with law and state board rule by all 890 school districts and public postsecondary educational 891 institutions, except for institutions within the State 892 University System and the Florida College System, in accordance 893 with the provisions of s. 1008.32. 894 (9) MANAGEMENT INFORMATION DATABASES.—The State Board of 895 Education, in conjunction with the Board of Governors regarding 896 the State University System and the State Board of Colleges 897 regarding the Florida College System, shall continue to collect 898 and maintain, at a minimum, the management information databases 899 for state universities, Florida College System institutions, and 900 all other components of the public K-20 education system as such 901 databases existed on June 30, 2002. 902(10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY903EDUCATION.—The State Board of Education, in conjunction with the904Board of Governors, shall develop and implement a common905placement test to assess the basic computation and communication906skills of students who intend to enter a degree program at any907Florida College System institution or state university.908 (10)(11)MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY 909 EDUCATION.—The State Board of Education shall adopt minimum 910 standards relating to nonpublic postsecondary education and 911 institutions, in accordance with the provisions of chapter 1005. 912(12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of913Education shall adopt, by rule, common definitions for associate914in science degrees and for certificates.915(13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The916State Board of Education shall provide for the cyclic review of917all academic programs in Florida College System institutions at918least every 7 years. Program reviews shall document how919individual academic programs are achieving stated student920learning and program objectives within the context of the921institution’s mission. The results of the program reviews shall922inform strategic planning, program development, and budgeting923decisions at the institutional level.924 (11)(14)UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT 925 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of 926 Education shall maintain a uniform classification system for 927 school district administrative and management personnel that 928 will facilitate the uniform coding of administrative and 929 management personnel to total district employees. 930(15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE931DEGREE PROGRAMS.—The State Board of Education shall provide for932the review and approval of proposals by Florida College System933institutions to offer baccalaureate degree programs pursuant to934s. 1007.33. A Florida College System institution, as defined in935s. 1000.21, that is approved to offer baccalaureate degrees936pursuant to s. 1007.33 remains under the authority of the State937Board of Education and the Florida College System institution’s938board of trustees. The State Board of Education may not approve939Florida College System institution baccalaureate degree program940proposals from March 31, 2014, through May 31, 2015.941(16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,942the State Board of Education shall identify performance metrics943for the Florida College System and develop a plan that specifies944goals and objectives for each Florida College System945institution. The plan must include:946(a) Performance metrics and standards common for all947institutions and metrics and standards unique to institutions948depending on institutional core missions, including, but not949limited to, remediation success, retention, graduation,950employment, transfer rates, licensure passage, excess hours,951student loan burden and default rates, job placement, faculty952awards, and highly respected rankings for institution and953program achievements.954(b) Student enrollment and performance data delineated by955method of instruction, including, but not limited to,956traditional, online, and distance learning instruction.957 (12)(17)UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY, 958 ENGINEERING, AND MATHEMATICS (STEM).—The State Board of 959 Education, in consultation with the Board of Governors, the 960 State Board of Colleges, and the Department of Economic 961 Opportunity, shall adopt a unified state plan to improve K-20 962 STEM education and prepare students for high-skill, high-wage, 963 and high-demand employment in STEM and STEM-related fields. 964 Section 11. Subsection (1), paragraphs (g) and (j) of 965 subsection (6), and subsection (7) of section 1001.10, Florida 966 Statutes, are amended to read: 967 1001.10 Commissioner of Education; general powers and 968 duties.— 969 (1) The Commissioner of Education is the chief educational 970 officer of the state and the sole custodian of the K-20 data 971 warehouse, and is responsible for giving full assistance to the 972 State Board of Education in enforcing compliance with the 973 mission and goals of the K-20 education system except for the 974 State University System and the Florida College System. 975 (6) Additionally, the commissioner has the following 976 general powers and duties: 977 (g) To submit to the State Board of Education, on or before 978 October 1 of each year, recommendations for a coordinated K-20 979 education budget that estimates the expenditures for the Board 980 of Governors, the State Board of Colleges, the State Board of 981 Education, including the Department of Education and the 982 Commissioner of Education, and all of the boards, institutions, 983 agencies, and services under the general supervision of the 984 Board of Governors, the State Board of Colleges, or the State 985 Board of Education for the ensuing fiscal year. Any program 986 recommended to the State Board of Education that will require 987 increases in state funding for more than 1 year must be 988 presented in a multiyear budget plan. 989 (j) To implement a program of school improvement and 990 education accountability designed to provide all students the 991 opportunity to make adequate learning gains in each year of 992 school as provided by statute and State Board of Education rule 993 based upon the achievement of the state education goals, 994 recognizing the following: 995 1. The district school board is responsible for school and 996 student performance. 997 2. The individual school is the unit for education 998 accountability. 9993. The Florida College System institution board of trustees1000is responsible for Florida College System institution1001performance and student performance.1002(7) The commissioner, or the commissioner’s designee, may1003conduct a review or investigation of practices, procedures, or1004actions at any Florida College System institution which appear1005to be inconsistent with sound financial, management, or academic1006practice.1007 Section 12. Paragraphs (c) through (f) of subsection (1) 1008 and subsection (3) of section 1001.11, Florida Statutes, are 1009 amended to read: 1010 1001.11 Commissioner of Education; other duties.— 1011 (1) The Commissioner of Education must independently 1012 perform the following duties: 1013 (c) In cooperation with the Board of Governors and the 1014 State Board of Colleges, develop and implement a process for 1015 receiving and processing requests, in conjunction with the 1016 Legislature, for the allocation of PECO funds for qualified 1017 postsecondary education projects. 1018(d) Integrally work with the boards of trustees of the1019Florida College System institutions.1020 (d)(e)Monitor the activities of the State Board of 1021 Education and provide information related to current and pending 1022 policies to the members of the boards of trustees of the Florida 1023 College System institutions and state universities. 1024 (e)(f)Ensure the timely provision of information requested 1025 by the Legislature from the State Board of Education, the 1026 commissioner’s office, and the Department of Education. 1027 (3) Notwithstanding any other provision of law to the 1028 contrary, the Commissioner of Education, in conjunction with the 1029 Legislature,andthe Board of Governors regarding the State 1030 University System, and the State Board of Colleges regarding the 1031 Florida College System, must recommend funding priorities for 1032 the distribution of capital outlay funds for public 1033 postsecondary educational institutions, based on priorities that 1034 include, but are not limited to, the following criteria: 1035 (a) Growth at the institutions. 1036 (b) Need for specific skills statewide. 1037 (c) Need for maintaining and repairing existing facilities. 1038 Section 13. Paragraph (e) of subsection (4) of section 1039 1001.20, Florida Statutes, is amended to read: 1040 1001.20 Department under direction of state board.— 1041 (4) The Department of Education shall establish the 1042 following offices within the Office of the Commissioner of 1043 Education which shall coordinate their activities with all other 1044 divisions and offices: 1045 (e) Office of Inspector General.—Organized using existing 1046 resources and funds and responsible for promoting 1047 accountability, efficiency, and effectiveness and detecting 1048 fraud and abuse within school districts and,the Florida School 1049 for the Deaf and the Blind, and Florida College System1050institutions in Florida. If the Commissioner of Education 1051 determines that a district school board or,the Board of 1052 Trustees for the Florida School for the Deaf and the Blind, or a1053Florida College System institution board of trusteesis 1054 unwilling or unable to address substantiated allegations made by 1055 any person relating to waste, fraud, or financial mismanagement 1056 within the school district or,the Florida School for the Deaf 1057 and the Blind, or the Florida College System institution, the 1058 office shall conduct, coordinate, or request investigations into 1059 such substantiated allegations. The office shall have access to 1060 all information and personnel necessary to perform its duties 1061 and shall have all of its current powers, duties, and 1062 responsibilities authorized in s. 20.055. 1063 Section 14. Section 1001.28, Florida Statutes, is amended 1064 to read: 1065 1001.28 Distance learning duties.—The duties of the 1066 Department of Education concerning distance learning include, 1067 but are not limited to, the duty to: 1068 (1) Facilitate the implementation of a statewide 1069 coordinated system and resource system for cost-efficient 1070 advanced telecommunications services and distance education 1071 which will increase overall student access to education. 1072 (2) Coordinate the use of existing resources, including, 1073 but not limited to, the state’s satellite transponders, the 1074 Florida Information Resource Network (FIRN), and distance 1075 learning initiatives. 1076 (3) Assist in the coordination of the utilization of the 1077 production and uplink capabilities available through Florida’s 1078 public television stations, eligible facilities, independent 1079 colleges and universities, private firms, and others as needed. 1080 (4) Seek the assistance and cooperation of Florida’s cable 1081 television providers in the implementation of the statewide 1082 advanced telecommunications services and distance learning 1083 network. 1084 (5) Seek the assistance and cooperation of Florida’s 1085 telecommunications carriers to provide affordable student access 1086 to advanced telecommunications services and to distance 1087 learning. 1088 (6) Coordinate partnerships for development, acquisition, 1089 use, and distribution of distance learning. 1090 (7) Secure and administer funding for programs and 1091 activities for distance learning from federal, state, local, and 1092 private sources and from fees derived from services and 1093 materials. 1094 (8) Hire appropriate staff which may include a position 1095 that shall be exempt from part II of chapter 110 and is included 1096 in the Senior Management Service in accordance with s. 110.205. 1097 1098 Nothing in this section shall be construed to abrogate, 1099 supersede, alter, or amend the powers and duties of any state 1100 agency, district school board, Florida College System 1101 institution board of trustees, university board of trustees, the 1102 Board of Governors, the State Board of Colleges, or the State 1103 Board of Education. 1104 Section 15. Effective July 1, 2018, subsection (26) of 1105 section 1001.42, Florida Statutes, is amended to read: 1106 1001.42 Powers and duties of district school board.—The 1107 district school board, acting as a board, shall exercise all 1108 powers and perform all duties listed below: 1109 (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a 1110 governing board for a school district technical center or a 1111 system of technical centers for the purpose of aligning the 1112 educational programs of the technical center with the needs of 1113 local businesses and responding quickly to the needs of local 1114 businesses for employees holding industry certifications. A 1115 technical center governing board shall be comprised of seven 1116 members, three of whom must be members of the district school 1117 board or their designees and four of whom must be local business 1118 leaders. The district school board shall delegate to the 1119 technical center governing board decisions regarding entrance 1120 requirements for students, curriculum, program development, 1121 budget and funding allocations, and the development with local 1122 businesses of partnership agreements and appropriate industry 1123 certifications in order to meet local and regional economic 1124 needs. A technical center governing board may approve only 1125 courses and programs that contain industry certifications. A 1126 course may be continued if at least 25 percent of the students 1127 enrolled in the course attain an industry certification. If 1128 fewer than 25 percent of the students enrolled in a course 1129 attain an industry certification, the course must be 1130 discontinued the following year. However, notwithstanding the 1131 authority to approve courses and programs under this subsection, 1132 a technical center governing board may not approve a college 1133 credit course or college credit certificate or an associate 1134 degree or baccalaureate degree program. 1135 Section 16. Effective July 1, 2018, section 1001.44, 1136 Florida Statutes, is amended to read: 1137 1001.44 Career centers; governance, mission, and 1138 responsibilities.— 1139 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER 1140 CENTERS.—Any district school board, after first obtaining the 1141 approval of the Department of Education, may, as a part of the 1142 district school system, organize, establish and operate a career 1143 center, or acquire and operate a career center previously 1144 established. 1145 (a) The primary mission of a career center that is operated 1146 by a district school board is to promote advances and 1147 innovations in workforce preparation and economic development. A 1148 career center may provide a learning environment that serves the 1149 needs of a specific population group or group of occupations, 1150 thus promoting diversity and choices within the public technical 1151 education community in this state. 1152 (b) A career center that is operated by a district school 1153 board may not offer a college credit course or college credit 1154 certificate or an associate degree or baccalaureate degree 1155 program. 1156 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY 1157 ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards 1158 of any two or more contiguous districts may, upon first 1159 obtaining the approval of the department, enter into an 1160 agreement to organize, establish and operate, or acquire and 1161 operate, a career center under this section. 1162 (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED 1163 BY A DIRECTOR.— 1164 (a) A career center established or acquired under 1165 provisions of law and minimum standards prescribed by the 1166 commissioner shall comprise a part of the district school system 1167 and shall mean an educational institution offering terminal 1168 courses of a technical nature which are not for college credit, 1169 and courses for out-of-school youth and adults; shall be subject 1170 to all applicable provisions of this code; shall be under the 1171 control of the district school board of the school district in 1172 which it is located; and shall be directed by a director 1173 responsible through the district school superintendent to the 1174 district school board of the school district in which the center 1175 is located. 1176 (b) Each career center shall maintain an academic 1177 transcript for each student enrolled in the center. Such 1178 transcript shall delineate each course completed by the student. 1179 Courses shall be delineated by the course prefix and title 1180 assigned pursuant to s. 1007.24. The center shall make a copy of 1181 a student’s transcript available to any student who requests it. 1182 Section 17. Effective July 1, 2018, paragraph (b) of 1183 subsection (2) of section 1001.60, Florida Statutes, is amended 1184 to read: 1185 1001.60 Florida College System.— 1186 (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida 1187 College System comprised of the Florida College System 1188 institutions identified in s. 1000.21(3). A Florida College 1189 System institution may not offer graduate degree programs. 1190 (b)1. With the approval of its district board of trustees, 1191 a Florida College System institution may change the 1192 institution’s name set forth in s. 1000.21(3) and use the 1193 designation “college” or “state college” if it has been 1194 authorized to grant baccalaureate degrees pursuant to s. 1007.33 1195 and has been accredited as a baccalaureate-degree-granting 1196 institution by the Commission on Colleges of the Southern 1197 Association of Colleges and Schools. 1198 2. With the approval of its district board of trustees, a 1199 Florida College System institution that does not meet the 1200 criteria in subparagraph 1. may request approval from the State 1201 Board of CollegesEducationto change the institution’s name set 1202 forth in s. 1000.21(3) and use the designation “college.” The 1203 State Board of CollegesEducationmay approve the request if the 1204 Florida College System institution enters into an agreement with 1205 the State Board of CollegesEducationto do the following: 1206 a. Maintain as its primary mission responsibility for 1207 responding to community needs for postsecondary academic 1208 education and career degree education as prescribed in s. 1209 1004.65(5). 1210 b. Maintain an open-door admissions policy for associate 1211 level degree programs and workforce education programs. 1212 c. Continue to provide outreach to underserved populations. 1213 d. Continue to provide remedial education. 1214 e. Comply with all provisions of the statewide articulation 1215 agreement that relate to 2-year and 4-year public degree 1216 granting institutions as adopted by the State Board of Colleges 1217Educationpursuant to s. 1007.23. 1218 Section 18. Effective July 1, 2018, section 1001.601, 1219 Florida Statutes, is created to read: 1220 1001.601 State Board of Colleges of the Florida College 1221 System.— 1222 (1) The State Board of Colleges is established as a body 1223 corporate consisting of 13 members, which shall consist of the 1224 Commissioner of Education and 12 citizen members who are 1225 appointed by the Governor in a manner that provides equitable 1226 geographical representation. 1227 (a) The 12 appointed citizen members must include a student 1228 enrolled in a Florida College System institution and a faculty 1229 member employed at a Florida College System institution. 1230 (b) Each citizen member must reside and be registered to 1231 vote in this state. 1232 (c) Except for the student member, who shall serve a 1-year 1233 term, appointed citizen members shall serve staggered 4-year 1234 terms. In order to achieve staggered terms, beginning September 1235 1, 2018, of the initial appointments, 3 members shall serve 2 1236 year terms, 4 members shall serve 3-year terms, and 4 members 1237 shall serve 4-year terms. 1238 (d) Except for the student member, each citizen member must 1239 be confirmed by the Senate. 1240 (2) Members of the State Board of Colleges may not receive 1241 compensation but may be reimbursed for per diem and travel 1242 expenses as provided in s. 112.061. 1243 Section 19. Section 1001.602, Florida Statutes, is created 1244 to read: 1245 1001.602 Powers and duties of the State Board of Colleges.— 1246 (1) RESPONSIBILITIES.—The State Board of Colleges is 1247 responsible for the efficient and effective operation and 1248 maintenance of the Florida College System, as established in s. 1249 1001.60. The State Board of Colleges may adopt rules pursuant to 1250 ss. 120.536(1) and 120.54 to implement provisions of law for the 1251 Florida College System. For the purposes of this section, the 1252 State Board of Colleges is referred to as the “state board.” 1253 (2) DUTIES.—The state board has the following duties: 1254 (a) Ensure that Florida College System institutions operate 1255 consistent with the mission of the system, pursuant to s. 1256 1004.65. 1257 (b) Oversee the Florida College System and coordinate with 1258 the State Board of Education and the Board of Governors to avoid 1259 wasteful duplication of facilities or programs. 1260 (c) Provide for each Florida College System institution to 1261 offer educational training and service programs designed to meet 1262 the needs of both students and the communities served. 1263 (d) Hold meetings, transact business, keep records, and, 1264 except as otherwise provided by law, perform such other duties 1265 as may be necessary for the enforcement of laws and rules 1266 relating to the Florida College System. 1267 (e) Provide for the coordination of educational plans and 1268 programs to resolve controversies, minimize problems of 1269 articulation and student transfers, ensure that students moving 1270 from one level of education to the next have acquired 1271 competencies necessary for satisfactory performance at that 1272 level, and ensure maximum utilization of facilities. 1273 (f) Establish and review, in consultation with the State 1274 Board of Education and the Board of Governors, minimum and 1275 uniform standards of college-level communication and computation 1276 skills generally associated with successful performance and 1277 progression through the baccalaureate level, to identify 1278 college-preparatory high school coursework and postsecondary 1279 level coursework that prepares students with the academic skills 1280 necessary to succeed in postsecondary education. 1281 (g) Approve plans for cooperating with the Federal 1282 Government. 1283 (h) Approve plans for cooperating with other public 1284 agencies in the development of rules and in the enforcement of 1285 laws for which the state board and the agencies are jointly 1286 responsible. 1287 (i) Create subordinate advisory bodies if required by law 1288 or as necessary for the improvement of the Florida College 1289 System. 1290 (j) Coordinate with the State Board of Education and the 1291 Board of Governors to collect and maintain data for the Florida 1292 College System. 1293 (k) Establish, in conjunction with the State Board of 1294 Education and the Board of Governors, an effective information 1295 system that will provide composite data concerning the Florida 1296 College System institutions and state universities and that will 1297 ensure that special analyses and studies concerning the 1298 institutions are conducted, as necessary, for provision of 1299 accurate and cost-effective information concerning the 1300 institutions. 1301 (l) Establish accountability standards for existing 1302 legislative performance goals, standards, and measures, and 1303 order the development of mechanisms to implement new legislative 1304 goals, standards, and measures. 1305 (m) Require each Florida College System institution, before 1306 registration, to provide each enrolled student electronic access 1307 to the economic security report of employment and earning 1308 outcomes prepared by the Department of Economic Opportunity 1309 pursuant to s. 445.07. 1310 (n) Specify, by rule, procedures to be used by Florida 1311 College System institution boards of trustees in the annual 1312 evaluation of presidents, and review the evaluations of 1313 presidents by the boards of trustees, including the extent to 1314 which presidents serve both institutional and system goals. 1315 (o) Establish, subject to existing law, the tuition and 1316 out-of-state fees for developmental education and for credit 1317 instruction that may be counted toward an associate in arts 1318 degree, an associate in applied science degree, or an associate 1319 in science degree. 1320 (p) Develop, in conjunction with the State Board of 1321 Education and the Board of Governors, and implement a common 1322 placement test to assess the basic communication and computation 1323 skills of students who intend to enter a degree program at a 1324 Florida College System institution or state university. 1325 (q) May direct the Chancellor of the Florida College System 1326 to conduct investigations of practices, procedures, or actions 1327 at a Florida College System institution which appear to be 1328 inconsistent with sound financial, management, or academic 1329 practice. 1330 (r) Examine the annual administrative review of each 1331 Florida College System institution. 1332 (s) Through the Chancellor of the Florida College System, 1333 integrally work with the Florida College System institution 1334 boards of trustees. 1335 (t) Establish criteria for making recommendations 1336 concerning all proposals to establish additional centers or 1337 campuses for a Florida College System institution. 1338 (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with 1339 the requirements under subsection (4) and the performance 1340 metrics and standards adopted under ss. 1001.66 and 1001.67, the 1341 state board shall identify performance metrics for the Florida 1342 College System and develop a plan that specifies goals and 1343 objectives for each Florida College System institution. The plan 1344 must include: 1345 (a) Performance metrics and standards common for all 1346 institutions and metrics and standards unique to institutions 1347 depending on institutional core missions, including, but not 1348 limited to, remediation success, retention, graduation, 1349 employment, transfer rates, licensure passage, excess hours, 1350 student loan burden and default rates, job placement, faculty 1351 awards, and highly respected rankings for institution and 1352 program achievements. 1353 (b) Student enrollment and performance data delineated by 1354 method of instruction, including, but not limited to, 1355 traditional, online, and distance learning instruction. 1356 (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.— 1357 (a) The state board shall adopt a strategic plan that 1358 specifies goals and objectives for the Florida College System. 1359 The plan must be formulated in conjunction with plans of the 1360 State Board of Education and the Board of Governors in order to 1361 coordinate the roles of the school districts and state 1362 universities to best meet state needs and reflect cost-effective 1363 use of state resources. The strategic plan must clarify the 1364 mission statements of the Florida College System and each 1365 Florida College System institution and identify degree programs, 1366 including baccalaureate degree programs, to be offered at each 1367 Florida College System institution in accordance with the 1368 objectives provided in this subsection and the coordinated 5 1369 year plan pursuant to s. 1001.02(2)(v). The strategic plan must 1370 cover a period of 5 years, with modification of the program 1371 lists after 2 years. Development of each 5-year plan must be 1372 coordinated with and initiated after completion of the master 1373 plan. The strategic plan must consider reports and 1374 recommendations of the Higher Education Coordinating Council 1375 pursuant to s. 1004.015 and the Articulation Coordinating 1376 Committee pursuant to s. 1007.01. Upon modification of the plan, 1377 the state board shall submit a report to the President of the 1378 Senate and the Speaker of the House of Representatives as part 1379 of its legislative budget request. 1380 (b) The state board, the State Board of Education, and the 1381 Board of Governors shall jointly develop long-range plans and 1382 annual reports for financial aid in this state. The long-range 1383 plans must establish goals and objectives for a comprehensive 1384 program of financial aid for students and shall be updated every 1385 5 years. The annual report must include programs administered by 1386 the department as well as awards made from financial aid fee 1387 revenues, other funds appropriated by the Legislature for 1388 financial assistance, and the value of tuition and fees waived 1389 for students enrolled in a dual enrollment course at a public 1390 postsecondary educational institution. The annual report must 1391 include an assessment of the progress made in achieving goals 1392 and objectives established in the long-range plans and must 1393 include recommendations for repealing or modifying existing 1394 financial aid programs or establishing new programs. The state 1395 board, the State Board of Education, and the Board of Governors 1396 shall submit their long-range plans by July 1, 2018, and every 5 1397 years thereafter and shall submit their annual reports on July 1398 1, 2018, and in each successive year that a long-range plan is 1399 not submitted, to the President of the Senate and the Speaker of 1400 the House of Representatives. 1401 (c) The state board shall also: 1402 1. Adopt comprehensive long-range plans and short-range 1403 programs for the development of the Florida College System. 1404 2. Assist in the economic development of the state by 1405 developing a state-level planning process to identify future 1406 training needs for industry, especially high-technology 1407 industry. 1408 3. Adopt criteria and implementation plans for future 1409 growth issues, such as new Florida College System institutions 1410 and Florida College System institution campus mergers, and 1411 provide for cooperative agreements between and within public and 1412 private education sectors. 1413 (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall 1414 prescribe minimum standards, definitions, and guidelines for 1415 Florida College System institutions which will ensure the 1416 quality of education, coordination among the Florida College 1417 System institutions and state universities, and efficient 1418 progress toward accomplishing the Florida College System 1419 institution’s mission. At a minimum, these rules must address 1420 all of the following: 1421 (a) Personnel. 1422 (b) Contracting. 1423 (c) Program offerings and classification, including 1424 college-level communication and computation skills associated 1425 with successful performance in college and with tests and other 1426 assessment procedures that measure student achievement of those 1427 skills. The performance measures must provide that students 1428 moving from one level of education to the next acquire the 1429 necessary competencies for that level. 1430 (d) Provisions for curriculum development, graduation 1431 requirements, college calendars, and program service areas. 1432 These provisions must include rules that: 1433 1. Provide for the award of an associate in arts degree to 1434 a student who successfully completes 60 semester credit hours at 1435 the Florida College System institution. 1436 2. Require all of the credits accepted for the associate in 1437 arts degree to be in the statewide course numbering system as 1438 credits toward a baccalaureate degree offered by a state 1439 university or a Florida College System institution. 1440 3. Require no more than 36 semester credit hours in general 1441 education courses in the subject areas of communication, 1442 mathematics, social sciences, humanities, and natural sciences. 1443 1444 The rules under this paragraph should encourage Florida College 1445 System institutions to enter into agreements with state 1446 universities which allow a Florida College System institution 1447 student to complete upper-division-level courses at a Florida 1448 College System institution. An agreement may provide for 1449 concurrent enrollment at the Florida College System institution 1450 and the state university and may authorize the Florida College 1451 System institution to offer an upper-division-level course or 1452 distance learning. 1453 (e) Student admissions, conduct, and discipline; 1454 nonclassroom activities; and fees. 1455 (f) Budgeting. 1456 (g) Business and financial matters. 1457 (h) Student services. 1458 (i) Reports, surveys, and information systems, including 1459 forms and dates of submission. 1460 (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board 1461 shall provide for the cyclic review of all academic programs in 1462 Florida College System institutions at least every 7 years. 1463 Program reviews must document how individual academic programs 1464 are achieving stated student learning and program objectives 1465 within the context of the institution’s mission. The results of 1466 the program reviews must inform strategic planning, program 1467 development, and budgeting decisions at the institutional level. 1468 (7) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE DEGREE 1469 PROGRAMS.—The state board shall provide for the review and 1470 approval of proposals by Florida College System institutions to 1471 offer baccalaureate degree programs pursuant to s. 1007.33. A 1472 Florida College System institution, as defined in s. 1000.21, 1473 which is approved to offer baccalaureate degrees pursuant to s. 1474 1007.33 remains under the authority of the state board and the 1475 Florida College System institution’s board of trustees. 1476 (8) MODIFICATIONS TO SERVICE AREA.—The state board shall 1477 establish criteria for making recommendations for modifying 1478 district boundary lines for a Florida College System 1479 institution, including criteria for service delivery areas of a 1480 Florida College System institution authorized to grant 1481 baccalaureate degrees. 1482 (9) PERFORMANCE OVERSIGHT.—The state board shall oversee 1483 the performance of Florida College System institution boards of 1484 trustees in enforcement of all laws and rules. Florida College 1485 System institution boards of trustees are primarily responsible 1486 for compliance with law and state board rule. 1487 (a) In order to ensure compliance with law or state board 1488 rule, the state board has the authority to request and receive 1489 information, data, and reports from Florida College System 1490 institutions. The Florida College System institution president 1491 is responsible for the accuracy of the information and data 1492 reported to the state board. 1493 (b) The Chancellor of the Florida College System may 1494 investigate allegations of noncompliance with law or state board 1495 rule and determine probable cause. The chancellor shall report 1496 determinations of probable cause to the State Board of Colleges, 1497 which shall require the Florida College System institution board 1498 of trustees to document compliance with law or state board rule. 1499 (c) If the Florida College System institution board of 1500 trustees cannot satisfactorily document compliance, the state 1501 board may order compliance within a specified timeframe. 1502 (d) If the state board determines that a Florida College 1503 System institution board of trustees is unwilling or unable to 1504 comply with law or state board rule within the specified time, 1505 the state board has the authority to initiate any of the 1506 following actions: 1507 1. Report to the Legislature that the Florida College 1508 System institution is unwilling or unable to comply with law or 1509 state board rule and recommend that the Legislature take action 1510 against the institution; 1511 2. Withhold the transfer of state funds, discretionary 1512 grant funds, discretionary lottery funds, or any other funds 1513 specified as eligible for this purpose by the Legislature until 1514 the Florida College System institution complies with the law or 1515 state board rule; 1516 3. Declare the Florida College System institution 1517 ineligible for competitive grants; or 1518 4. Require monthly or periodic reporting on the situation 1519 related to noncompliance until it is remedied. 1520 (e) This section may not be construed to create a private 1521 cause of action or create any rights for individuals or entities 1522 in addition to those provided elsewhere in law or rule. 1523 (10) INSPECTOR GENERAL.—The inspector general is 1524 responsible for promoting accountability, efficiency, and 1525 effectiveness and detecting fraud and abuse within Florida 1526 College System institutions. If the Chancellor of the Florida 1527 College System determines that a Florida College System 1528 institution board of trustees is unwilling or unable to address 1529 substantiated allegations made by any person relating to waste, 1530 fraud, or financial mismanagement within the Florida College 1531 System institution, the inspector general shall conduct, 1532 coordinate, or request investigations into such substantiated 1533 allegations. The inspector general shall have access to all 1534 information and personnel necessary to perform its duties and 1535 shall have all of his or her current powers, duties, and 1536 responsibilities authorized in s. 20.055. 1537 (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The 1538 state board shall coordinate with the State Board of Education: 1539 (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20 1540 education budget. 1541 (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to 1542 the Legislature a 3-year list of priorities for fixed capital 1543 outlay projects. 1544 (12) COMMON POSTSECONDARY DEFINITIONS.—The state board 1545 shall, in collaboration with the State Board of Education, adopt 1546 by rule definitions for associate in science degrees and for 1547 certificates offered by Florida College System institutions. 1548 Section 20. Subsection (1) of section 1001.61, Florida 1549 Statutes, is amended to read: 1550 1001.61 Florida College System institution boards of 1551 trustees; membership.— 1552 (1) Florida College System institution boards of trustees 1553 shall be comprised of five members when a Florida College System 1554 institution district is confined to one school board district; 1555 seven members when a Florida College System institution district 1556 is confined to one school board district and the board of 1557 trustees so elects; and not more than nine members when the 1558 district contains two or more school board districts, as 1559 provided by rules of the State Board of CollegesEducation. 1560 However, Florida State College at Jacksonville shall have an odd 1561 number of trustees, and St. Johns River State College shall have 1562 seven trustees from the three-county area that the college 1563 serves. 1564 Section 21. Subsections (1) through (4), paragraphs (a) and 1565 (g) of subsection (8), and subsections (11), (12), (14), (18), 1566 (19), and (42) of section 1001.64, Florida Statutes, are amended 1567 to read: 1568 1001.64 Florida College System institution boards of 1569 trustees; powers and duties.— 1570 (1) The boards of trustees shall be responsible for cost 1571 effective policy decisions appropriate to the Florida College 1572 System institution’s mission, the implementation and maintenance 1573 of high-quality education programs within law and rules of the 1574 State Board of CollegesEducation, the measurement of 1575 performance, the reporting of information, and the provision of 1576 input regarding state policy, budgeting, and education 1577 standards. 1578 (2) Each board of trustees is vested with the 1579 responsibility to govern its respective Florida College System 1580 institution and with such necessary authority as is needed for 1581 the proper operation and improvement thereof in accordance with 1582 rules of the State Board of CollegesEducation. 1583 (3) A board of trustees shall have the power to take action 1584 without a recommendation from the president and shall have the 1585 power to require the president to deliver to the board of 1586 trustees all data and information required by the board of 1587 trustees in the performance of its duties. A board of trustees 1588 shall ask the Chancellor of the Florida College System 1589Commissioner of Educationto authorize an investigation of the 1590 president’s actions by the State Board of Colleges’department’s1591 inspector general if the board considers such investigation 1592 necessary. The inspector general shall provide a report 1593 detailing each issue under investigation and shall recommend 1594 corrective action. If the inspector general identifies potential 1595 legal violations, he or she shall refer the potential legal 1596 violations to the Commission on Ethics, the Department of Law 1597 Enforcement, the Attorney General, or another appropriate 1598 authority. 1599 (4)(a) The board of trustees, after considering 1600 recommendations submitted by the Florida College System 1601 institution president, may adopt rules pursuant to ss. 1602 120.536(1) and 120.54 to implement the provisions of law 1603 conferring duties upon it. These rules may supplement those 1604 prescribed by the State Board of CollegesEducationif they will 1605 contribute to the more orderly and efficient operation of 1606 Florida College System institutions. 1607 (b) Each board of trustees is specifically authorized to 1608 adopt rules, procedures, and policies, consistent with law and 1609 rules of the State Board of CollegesEducation, related to its 1610 mission and responsibilities as set forth in s. 1004.65, its 1611 governance, personnel, budget and finance, administration, 1612 programs, curriculum and instruction, buildings and grounds, 1613 travel and purchasing, technology, students, contracts and 1614 grants, or college property. 1615 (8) Each board of trustees has authority for policies 1616 related to students, enrollment of students, student records, 1617 student activities, financial assistance, and other student 1618 services. 1619 (a) Each board of trustees shall govern admission of 1620 students pursuant to s. 1007.263 and rules of the State Board of 1621 CollegesEducation. A board of trustees may establish additional 1622 admissions criteria, which shall be included in the dual 1623 enrollment articulation agreement developed according to s. 1624 1007.271(21), to ensure student readiness for postsecondary 1625 instruction. Each board of trustees may consider the past 1626 actions of any person applying for admission or enrollment and 1627 may deny admission or enrollment to an applicant because of 1628 misconduct if determined to be in the best interest of the 1629 Florida College System institution. 1630 (g) Each board of trustees pursuant to s. 1006.53 shall 1631 adopt a policy in accordance with rules of the State Board of 1632 CollegesEducationthat reasonably accommodates the religious 1633 observance, practice, and belief of individual students in 1634 regard to admissions, class attendance, and the scheduling of 1635 examinations and work assignments. 1636 (11) Each board of trustees shall submit an institutional 1637 budget request, including a request for fixed capital outlay, 1638 and an operating budget to the State Board of CollegesEducation1639 for review in accordance with guidelines established by the 1640 State Board of CollegesEducation. 1641 (12) Each board of trustees shall account for expenditures 1642 of all state, local, federal, and other funds in the manner 1643 described by the State Board of CollegesDepartment of1644Education. 1645 (14) Each board of trustees shall develop a strategic plan 1646 specifying institutional goals and objectives for the Florida 1647 College System institution for recommendation to the State Board 1648 of CollegesEducation. 1649 (18) Each board of trustees shall establish the personnel 1650 program for all employees of the Florida College System 1651 institution, including the president, pursuant to the provisions 1652 of chapter 1012 and rules and guidelines of the State Board of 1653 CollegesEducation, including: compensation and other conditions 1654 of employment; recruitment and selection; nonreappointment; 1655 standards for performance and conduct; evaluation; benefits and 1656 hours of work; leave policies; recognition; inventions and work 1657 products; travel; learning opportunities; exchange programs; 1658 academic freedom and responsibility; promotion; assignment; 1659 demotion; transfer; ethical obligations and conflict of 1660 interest; restrictive covenants; disciplinary actions; 1661 complaints; appeals and grievance procedures; and separation and 1662 termination from employment. 1663 (19) Each board of trustees shall appoint, suspend, or 1664 remove the president of the Florida College System institution. 1665 The board of trustees may appoint a search committee. The board 1666 of trustees shall conduct annual evaluations of the president in 1667 accordance with rules of the State Board of CollegesEducation1668 and submit such evaluations to the State Board of Colleges 1669Educationfor review. The evaluation must address the 1670 achievement of the performance goals established by the 1671 accountability process implemented pursuant to s. 1008.45 and 1672 the performance of the president in achieving the annual and 1673 long-term goals and objectives established in the Florida 1674 College System institution’s employment accountability program 1675 implemented pursuant to s. 1012.86. 1676 (42) Each board of trustees shall implement a plan, in 1677 accordance with guidelines of the State Board of Colleges 1678Education, for working on a regular basis with the other Florida 1679 College System institution boards of trustees, representatives 1680 of the university boards of trustees, and representatives of the 1681 district school boards to achieve the goals of the seamless 1682 education system. 1683 Section 22. Subsections (1) through (5), (7), (11), (13), 1684 (18), (21), and (22) of section 1001.65, Florida Statutes, are 1685 amended to read: 1686 1001.65 Florida College System institution presidents; 1687 powers and duties.—The president is the chief executive officer 1688 of the Florida College System institution, shall be corporate 1689 secretary of the Florida College System institution board of 1690 trustees, and is responsible for the operation and 1691 administration of the Florida College System institution. Each 1692 Florida College System institution president shall: 1693 (1) Recommend the adoption of rules, as appropriate, to the 1694 Florida College System institution board of trustees to 1695 implement provisions of law governing the operation and 1696 administration of the Florida College System institution, which 1697 shall include the specific powers and duties enumerated in this 1698 section. Such rules shall be consistent with law, the mission of 1699 the Florida College System institution, and the rules and 1700 policies of the State Board of CollegesEducation. 1701 (2) Prepare a budget request and an operating budget 1702 pursuant to s. 1011.30 for approval by the Florida College 1703 System institution board of trustees at such time and in such 1704 format as the State Board of CollegesEducationmay prescribe. 1705 (3) Establish and implement policies and procedures to 1706 recruit, appoint, transfer, promote, compensate, evaluate, 1707 reward, demote, discipline, and remove personnel, within law and 1708 rules of the State Board of CollegesEducationand in accordance 1709 with rules or policies approved by the Florida College System 1710 institution board of trustees. 1711 (4) Govern admissions, subject to law and rules or policies 1712 of the Florida College System institution board of trustees and 1713 the State Board of CollegesEducation. 1714 (5) Approve, execute, and administer contracts for and on 1715 behalf of the Florida College System institution board of 1716 trustees for licenses; the acquisition or provision of 1717 commodities, goods, equipment, and services; leases of real and 1718 personal property; and planning and construction to be rendered 1719 to or by the Florida College System institution, provided such 1720 contracts are within law and guidelines of the State Board of 1721 CollegesEducationand in conformance with policies of the 1722 Florida College System institution board of trustees, and are 1723 for the implementation of approved programs of the Florida 1724 College System institution. 1725 (7) Establish the internal academic calendar of the Florida 1726 College System institution within general guidelines of the 1727 State Board of CollegesEducation. 1728 (11) Recommend to the board of trustees a schedule of 1729 tuition and fees to be charged by the Florida College System 1730 institution, within law and rules of the State Board of Colleges 1731Education. 1732 (13) Review periodically the operations of the Florida 1733 College System institution in order to determine how effectively 1734 and efficiently the Florida College System institution is being 1735 administered and whether it is meeting the goals of its 1736 strategic plan adopted by the State Board of CollegesEducation. 1737 (18) Certify to the department a project’s compliance with 1738 the requirements for expenditure of PECO funds prior to release 1739 of funds pursuant tothe provisions ofchapter 1013. 1740 (21) Have authority, after notice to the student of the 1741 charges and after a hearing thereon, to expel, suspend, or 1742 otherwise discipline any student who is found to have violated 1743 any law, ordinance, or rule or regulation of the State Board of 1744 CollegesEducationor of the board of trustees of the Florida 1745 College System institution pursuant to the provisions of s. 1746 1006.62. 1747 (22) Submit an annual employment accountability plan to the 1748 State Board of CollegesDepartment of Educationpursuant to the 1749 provisions of s. 1012.86. 1750 Section 23. Effective July 1, 2018, section 1001.66, 1751 Florida Statutes, is amended to read: 1752 1001.66 Florida College System Performance-Based 1753 Incentive.— 1754 (1) The State Board of Colleges shall adopt the following 1755 performance-based metrics for use in awarding a Florida College 1756 System Performance-Based Incentiveshall be awardedto a Florida 1757 College System institution:institutions using performance-based1758metrics1759 (a) A student retention rate, as calculated by the State 1760 Board of Colleges; 1761 (b) A 100 percent-of-normal-time program completion and 1762 graduation rate for full-time, first-time-in-college students, 1763 as calculated by the State Board of Colleges using a cohort 1764 definition of “full-time” based on a student’s majority 1765 enrollment in full-time terms. This paragraph does not apply to 1766 nondegree-seeking students; 1767 (c) A continuing education or postgraduation job placement 1768 rate for workforce education programs, including workforce 1769 baccalaureate degree programs, as reported by the Florida 1770 Education and Training Placement Information Program, with wage 1771 thresholds that reflect the added value of the applicable 1772 certificate or degree. This paragraph does not apply to 1773 associate in arts degrees; 1774 (d) A graduation rate for full-time, first-time-in-college 1775 students enrolled in an associate of arts degree program who 1776 graduate with a baccalaureate degree in 4 years after initially 1777 enrolling in an associates of arts degree program; and 1778 (e) One performance-based metric on college affordability 1779adopted by the State Board of Education.The performance-based1780metrics must include retention rates; program completion and1781graduation rates; postgraduation employment, salaries, and1782continuing education for workforce education and baccalaureate1783programs, with wage thresholds that reflect the added value of1784the certificate or degree; and outcome measures appropriate for1785associate of arts degree recipients.1786 1787 The state board shall adopt benchmarks to evaluate each 1788 institution’s performance on the metrics to measure the 1789 institution’s achievement of institutional excellence or need 1790 for improvement andtheminimum requirements for eligibility to 1791 receive performance funding. 1792 (2) Each fiscal year, the amount of funds available for 1793 allocation to the Florida College System institutions based on 1794 the performance-based funding model shall consist of the state’s 1795 investment in performance funding plus institutional investments 1796 consisting of funds to be redistributed from the base funding of 1797 the Florida College System Program Fund as determined in the 1798 General Appropriations Act. The State Board of Colleges 1799Educationshall establish minimum performance funding 1800 eligibility thresholds for the state’s investment and the 1801 institutional investments. An institution that meets the minimum 1802 institutional investment eligibility threshold, but fails to 1803 meet the minimum state investment eligibility threshold, shall 1804 have its institutional investment restored but is ineligible for 1805 a share of the state’s investment in performance funding. The 1806 institutional investment shall be restored for all institutions 1807 eligible for the state’s investment under the performance-based 1808 funding model. 1809 (3)(a) Each Florida College System institution’s share of 1810 the performance funding shall be calculated based on its 1811 relative performance on the established metrics in conjunction 1812 with the institutional size and scope. 1813 (b) A Florida College System institution that fails to meet 1814 the State Board of Colleges’Education’sminimum institutional 1815 investment performance funding eligibility threshold shall have 1816 a portion of its institutional investment withheld by the state 1817 board and must submit an improvement plan to the state board 1818 which specifies the activities and strategies for improving the 1819 institution’s performance. The state board must review and 1820 approve the improvement plan and, if the plan is approved, must 1821 monitor the institution’s progress in implementing the 1822 activities and strategies specified in the improvement plan. The 1823 institution shall submit monitoring reports to the state board 1824 by December 31 and May 31 of each year in which an improvement 1825 plan is in place. Beginning in the 2017-2018 fiscal year, the 1826 ability of an institution to submit an improvement plan to the 1827 state board is limited to 1 fiscal year. 1828 (c) The Chancellor of the Florida College System 1829Commissioner of Educationshall withhold disbursement of the 1830 institutional investment until the monitoring report is approved 1831 by the State Board of CollegesEducation. A Florida College 1832 System institution determined by the state board to be making 1833 satisfactory progress on implementing the improvement plan shall 1834 receive no more than one-half of the withheld institutional 1835 investment in January and the balance of the withheld 1836 institutional investment in June. An institution that fails to 1837 make satisfactory progress may not have its full institutional 1838 investment restored. Any institutional investment funds that are 1839 not restored shall be redistributed in accordance with the state 1840 board’s performance-based metrics. 1841 (4) Distributions of performance funding, as provided in 1842 this section, shall be made to each of the Florida College 1843 System institutions listed in the Florida Colleges category in 1844 the General Appropriations Act. 1845 (5) By October 1 of each year, the State Board of Colleges 1846Educationshall submit to the Governor, the President of the 1847 Senate, and the Speaker of the House of Representatives a report 1848 on the previous fiscal year’s performance funding allocation, 1849 which must reflect the rankings and award distributions. 1850 (6) The State Board of CollegesEducationshall adopt rules 1851 to administer this section. 1852 Section 24. Effective July 1, 2018, section 1001.67, 1853 Florida Statutes, is amended to read: 1854 1001.67 Distinguished Florida College System Institution 1855 Program.—A collaborative partnership is established between the 1856 State Board of CollegesEducationand the Legislature to 1857 recognize the excellence of Florida’s highest-performing Florida 1858 College System institutions. 1859 (1) EXCELLENCE STANDARDS.—The following excellence 1860 standards are established for the program: 1861 (a) A 100150percent-of-normal-time completion rate for 1862 full-time, first-time-in-college students of 50 percent or 1863 higher, as calculated by the State Board ofDivision of Florida1864 Colleges. 1865 (b) A 100150percent-of-normal-time completion rate for 1866 full-time, first-time-in-college Pell Grant recipients of 40 1867 percent or higher, as calculated by the State Board ofDivision1868of FloridaColleges. 1869 (c) A retention rate of 70 percent or higher, as calculated 1870 by the State Board ofDivision of FloridaColleges. 1871 (d) A continuing education, or transfer, rate of 72 percent 1872 or higher for students graduating with an associate of arts 1873 degree, as reported by the Florida Education and Training 1874 Placement Information Program (FETPIP). 1875 (e) A licensure passage rate on the National Council 1876 Licensure Examination for Registered Nurses (NCLEX-RN) of 90 1877 percent or higher for first-time exam takers, as reported by the 1878 Board of Nursing. 1879 (f) Ajob placement orcontinuing education or job 1880 placement rate of 88 percent or higher for workforce programs, 1881 as reported by FETPIP, with wage thresholds that reflect the 1882 added value of the applicable certificate or degree. This 1883 paragraph does not apply to associate of arts degrees. 1884 (g) An excess hours rate of 40 percent or lower forA time1885to-degree for students graduating with anassociate of arts 1886 degree recipients who graduate with 72 or more credit hours, as 1887 calculated by the State Board of Collegesof 2.25 years or less1888for first-time-in-college students with accelerated college1889credits, as reported by the Southern Regional Education Board. 1890 (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of 1891 CollegesEducationshall designate each Florida College System 1892 institution that meets five of the seven standards identified in 1893 subsection (1) as a distinguished college. 1894 (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System 1895 institution designated as a distinguished college by the State 1896 Board of CollegesEducationis eligible for funding as specified 1897 in the General Appropriations Act. 1898 Section 25. Effective July 1, 2018, subsection (9) of 1899 section 1001.706, Florida Statutes, is amended to read: 1900 1001.706 Powers and duties of the Board of Governors.— 1901 (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors 1902 shall implement a plan for working on a regular basis with the 1903 State Board of Education, the State Board of Colleges, the 1904 Commission for Independent Education, the Higher Education 1905 Coordinating Council, the Articulation Coordinating Committee, 1906 the university boards of trustees, representatives of the 1907 Florida College System institution boards of trustees, 1908 representatives of the private colleges and universities, and 1909 representatives of the district school boards to achieve a 1910 seamless education system. 1911 Section 26. Section 1002.34, Florida Statutes, is amended 1912 to read: 1913 1002.34 Charter technical career centers; governance, 1914 mission, and responsibilities.— 1915 (1) MISSION AND AUTHORIZATION.— 1916 (a) The primary mission of a charter technical career 1917 center is to promoteThe Legislature finds that the1918establishment of charter technical career centers can assist in1919promotingadvances and innovations in workforce preparation and 1920 economic development. A charter technical career center may 1921 provide a learning environment thatbetterserves the needs of a 1922 specific population group or a group of occupations, thus 1923 promoting diversity and choices within the public education and 1924 public postsecondary technical education community in this 1925 state. Therefore, the creation of such centers is authorized as 1926 part of the state’s program of public education. A charter 1927 technical career center may be formed by creating a new school 1928 or converting an existing school district or Florida College 1929 System institution program to charter technical status. 1930 (b) A charter technical career center that is operated by a 1931 district school board may not offer a college credit course or 1932 college credit certificate or an associate degree or 1933 baccalaureate degree program. 1934 (2) PURPOSE.—The purpose of a charter technical career 1935 center is to: 1936 (a) Develop a competitive workforce to support local 1937 business and industry and economic development. 1938 (b) Create a training and education model that is 1939 reflective of marketplace realities. 1940 (c) Offer a continuum of career educational opportunities 1941 using a school-to-work, tech-prep, technical, academy, and 1942 magnet school model. 1943 (d) Provide career pathways for lifelong learning and 1944 career mobility. 1945 (e) Enhance career and technical training. 1946 (3) DEFINITIONS.—As used in this section, the term: 1947 (a) “Charter technical career center” or “center” means a 1948 public school or a public technical center operated under a 1949 charter granted by a district school board or Florida College 1950 System institution board of trustees or a consortium, including 1951 one or more district school boards and Florida College System 1952 institution boards of trustees, that includes the district in 1953 which the facility is located, that is nonsectarian in its 1954 programs, admission policies, employment practices, and 1955 operations, and is managed by a board of directors. 1956 (b) “Sponsor” means a district school board, a Florida 1957 College System institution board of trustees, or a consortium of 1958 one or more of each. 1959 (4) CHARTER.—A sponsor may designate centers as provided in 1960 this section. An application to establish a center may be 1961 submitted by a sponsor or another organization that is 1962 determined, by rule of the State Board of Education, to be 1963 appropriate. However, an independent school is not eligible for 1964 status as a center. The charter must be signed by the governing 1965 body of the center and the sponsor and must be approved by the 1966 district school board and Florida College System institution 1967 board of trustees in whose geographic region the facility is 1968 located. If a charter technical career center is established by 1969 the conversion to charter status of a public technical center 1970 formerly governed by a district school board, the charter status 1971 of that center takes precedence in any question of governance. 1972 The governance of the center or of any program within the center 1973 remains with its board of directors unless the board agrees to a 1974 change in governance or its charter is revoked as provided in 1975 subsection (15). Such a conversion charter technical career 1976 center is not affected by a change in the governance of public 1977 technical centers or of programs within other centers that are 1978 or have been governed by district school boards. A charter 1979 technical career center, or any program within such a center, 1980 that was governed by a district school board and transferred to 1981 a Florida College System institution prior to the effective date 1982 of this act is not affected by this provision. An applicant who 1983 wishes to establish a center must submit to the district school 1984 board or Florida College System institution board of trustees, 1985 or a consortium of one or more of each, an application on a form 1986 developed by the Department of Education which includes: 1987 (a) The name of the proposed center. 1988 (b) The proposed structure of the center, including a list 1989 of proposed members of the board of directors or a description 1990 of the qualifications for and method of their appointment or 1991 election. 1992 (c) The workforce development goals of the center, the 1993 curriculum to be offered, and the outcomes and the methods of 1994 assessing the extent to which the outcomes are met. 1995 (d) The admissions policy and criteria for evaluating the 1996 admission of students. 1997 (e) A description of the staff responsibilities and the 1998 proposed qualifications of the teaching staff. 1999 (f) A description of the procedures to be implemented to 2000 ensure significant involvement of representatives of business 2001 and industry in the operation of the center. 2002 (g) A method for determining whether a student has 2003 satisfied the requirements for graduation specified in s. 2004 1002.3105(5), s. 1003.4281, or s. 1003.4282 and for completion 2005 of a postsecondary certificate or degree. 2006 (h) A method for granting secondary and postsecondary 2007 diplomas, certificates, and degrees. 2008 (i) A description of and address for the physical facility 2009 in which the center will be located. 2010 (j) A method for resolving conflicts between the governing 2011 body of the center and the sponsor and between consortium 2012 members, if applicable. 2013 (k) A method for reporting student data as required by law 2014 and rule. 2015 (l) A statement that the applicant has participated in the 2016 training provided by the Department of Education. 2017 (m) The identity of all relatives employed by the charter 2018 technical career center who are related to the center owner, 2019 president, chairperson of the governing board of directors, 2020 superintendent, governing board member, principal, assistant 2021 principal, or any other person employed by the center who has 2022 equivalent decisionmaking authority. As used in this paragraph, 2023 the term “relative” means father, mother, son, daughter, 2024 brother, sister, uncle, aunt, first cousin, nephew, niece, 2025 husband, wife, father-in-law, mother-in-law, son-in-law, 2026 daughter-in-law, brother-in-law, sister-in-law, stepfather, 2027 stepmother, stepson, stepdaughter, stepbrother, stepsister, half 2028 brother, or half sister. 2029 (n) Other information required by the district school board 2030 or Florida College System institution board of trustees. 2031 2032 Students at a center must meet the same testing and academic 2033 performance standards as those established by law and rule for 2034 students at public schools and public technical centers. The 2035 students must also meet any additional assessment indicators 2036 that are included within the charter approved by the district 2037 school board or Florida College System institution board of 2038 trustees. 2039 (5) APPLICATION.—An application to establish a center must 2040 be submitted by February 1 of the year preceding the school year 2041 in which the center will begin operation. The sponsor must 2042 review the application using an evaluation instrument developed 2043 by the Department of Education and make a final decision on 2044 whether to approve the application and grant the charter by 2045 March 1, and may condition the granting of a charter on the 2046 center’s taking certain actions or maintaining certain 2047 conditions. Such actions and conditions must be provided to the 2048 applicant in writing. The district school board or Florida 2049 College System institution board of trustees is not required to 2050 issue a charter to any person. 2051 (6) SPONSOR.—A district school board or Florida College 2052 System institution board of trustees or a consortium of one or 2053 more of each may sponsor a center in the county in which the 2054 board has jurisdiction. 2055 (a) A sponsor must review all applications for centers 2056 received through at least February 1 of each calendar year for 2057 centers to be opened at the beginning of the sponsor’s next 2058 school year. A sponsor may receive applications later than this 2059 date if it so chooses. To facilitate an accurate budget 2060 projection process, a sponsor shall be held harmless for FTE 2061 students who are not included in the FTE projection due to 2062 approval of applications after the FTE projection deadline. A 2063 sponsor must, by a majority vote, approve or deny an application 2064 no later than 60 days after the application is received. If an 2065 application is denied, the sponsor must, within 10 days, notify 2066 the applicant in writing of the specific reasons for denial, 2067 which must be based upon good cause. Upon approval of a charter 2068 application, the initial startup must be consistent with the 2069 beginning of the public school or Florida College System 2070 institution calendar for the district in which the charter is 2071 granted, unless the sponsor allows a waiver of this provision 2072 for good cause. 2073 (b) An applicant may appeal any denial of its application 2074 to the State Board of Education within 30 days after the 2075 sponsor’s denial and shall notify the sponsor of its appeal. Any 2076 response of the sponsor must be submitted to the state board 2077 within 30 days after notification of the appeal. The State Board 2078 of Education must, by majority vote, accept or reject the 2079 decision of the sponsor no later than 60 days after an appeal is 2080 filed, pursuant to State Board of Education rule. The State 2081 Board of Education may reject an appeal for failure to comply 2082 with procedural rules governing the appeals process, and the 2083 rejection must describe the submission errors. The appellant may 2084 have up to 15 days after notice of rejection to resubmit an 2085 appeal. An application for appeal submitted after a rejection is 2086 timely if the original appeal was filed within 30 days after the 2087 sponsor’s denial. The State Board of Education shall remand the 2088 application to the sponsor with a written recommendation that 2089 the sponsor approve or deny the application, consistent with the 2090 state board’s decision. The decision of the State Board of 2091 Education is not subject to the provisions of chapter 120. 2092 (c) The sponsor must act upon the recommendation of the 2093 State Board of Education within 30 days after it is received, 2094 unless the sponsor determines by competent substantial evidence 2095 that approving the state board’s recommendation would be 2096 contrary to law or the best interests of the students or the 2097 community. The sponsor must notify the applicant in writing 2098 concerning the specific reasons for its failure to follow the 2099 state board’s recommendation. The sponsor’s action on the state 2100 board’s recommendation is a final action, subject to judicial 2101 review. 2102 (d)1. The Department of Education shall offer or arrange 2103 for training and technical assistance to centers which must 2104 include developing and amending business plans, estimating and 2105 accounting for costs and income, complying with state and 2106 federal grant and student performance accountability reporting 2107 requirements, implementing good business practices, and 2108 identifying state and federal financial aid the center may be 2109 eligible to receive. 2110 2. An applicant must participate in the training provided 2111 by the department after approval of its application but at least 2112 30 days before the first day of classes at the center. The 2113 department may provide technical assistance to an applicant upon 2114 written request. 2115 (e) The terms and conditions for the operation of a center 2116 must be agreed to by the sponsor and the applicant in a written 2117 contract. The sponsor may not impose unreasonable requirements 2118 that violate the intent of giving centers greater flexibility to 2119 meet educational goals. The applicant and sponsor must reach an 2120 agreement on the provisions of the contract or the application 2121 is deemed denied. 2122 (f) The sponsor shall monitor and review the center’s 2123 progress toward charter goals and shall monitor the center’s 2124 revenues and expenditures. The sponsor shall perform the duties 2125 provided in s. 1002.345. 2126 (7) LEGAL ENTITY.—A center must organize as a nonprofit 2127 organization and adopt a name and corporate seal. A center is a 2128 body corporate and politic, with all powers to implement its 2129 charter program. The center may: 2130 (a) Be a private or a public employer. 2131 (b) Sue and be sued, but only to the same extent and upon 2132 the same conditions that a public entity can be sued. 2133 (c) Acquire real property by purchase, lease, lease with an 2134 option to purchase, or gift, to use as a center facility. 2135 (d) Receive and disburse funds. 2136 (e) Enter into contracts or leases for services, equipment, 2137 or supplies. 2138 (f) Incur temporary debts in anticipation of the receipt of 2139 funds. 2140 (g) Solicit and accept gifts or grants for career center 2141 purposes. 2142 (h) Take any other action that is not inconsistent with 2143 this section and rules adopted under this section. 2144 (8) ELIGIBLE STUDENTS.—A center must be open to all 2145 students as space is available and may not discriminate in 2146 admissions policies or practices on the basis of an individual’s 2147 physical disability or proficiency in English or on any other 2148 basis that would be unlawful if practiced by a public school or 2149 a Florida College System institution. A center may establish 2150 reasonable criteria by which to evaluate prospective students, 2151 which criteria must be outlined in the charter. 2152 (9) FACILITIES.—A center may be located in any suitable 2153 location, including part of an existing public school or Florida 2154 College System institution building, space provided on a public 2155 worksite, or a public building. A center’s facilities must 2156 comply with the State Uniform Building Code for Public 2157 Educational Facilities Construction adopted pursuant to s. 2158 1013.37, or with applicable state minimum building codes 2159 pursuant to chapter 553, and state minimum fire protection codes 2160 pursuant to s. 633.208, adopted by the authority in whose 2161 jurisdiction the facility is located. If K-12 public school 2162 funds are used for construction, the facility must remain on the 2163 local school district’s Florida Inventory of School Houses 2164 (FISH) school building inventory of the district school board 2165 and must revert to the district school board if the consortium 2166 dissolves and the program is discontinued. If Florida College 2167 System institution public school funds are used for 2168 construction, the facility must remain on the local Florida 2169 College System institution’s facilities inventory and must 2170 revert to the local Florida College System institution board of 2171 trustees if the consortium dissolves and the program is 2172 discontinued. The additional student capacity created by the 2173 addition of the center to the local school district’s FISH may 2174 not be calculated in the permanent student capacity for the 2175 purpose of determining need or eligibility for state capital 2176 outlay funds while the facility is used as a center. If the 2177 construction of the center is funded jointly by K-12 public 2178 school funds and Florida College System institution funds, the 2179 sponsoring entities must agree, before granting the charter, on 2180 the appropriate owner and terms of transfer of the facility if 2181 the charter is dissolved. 2182 (10) EXEMPTION FROM STATUTES.— 2183 (a) A center must operate pursuant to its charter and is 2184 exempt from all statutes of the Florida School Code except 2185 provisions pertaining to civil rights and to student health, 2186 safety, and welfare, or as otherwise required by law. 2187 (b) A center must comply with the Florida K-20 Education 2188 Code with respect to providing services to students with 2189 disabilities. 2190 (c) A center must comply with the antidiscrimination 2191 provisions in s. 1000.05 and the provisions in s. 1002.33(24) 2192 which relate to the employment of relatives. 2193 (11) FUNDING.— 2194 (a) Notwithstanding any other provision of law, a charter 2195 technical career center’s student membership enrollment must be 2196 calculated pursuant to this section. 2197 (b) Each district school board and Florida College System 2198 institution that sponsors a charter technical career center 2199 shall pay directly to the center an amount stated in the 2200 charter. State funding shall be generated for the center for its 2201 student enrollment and program outcomes as provided in law. A 2202 center is eligible for funding from workforce education funds, 2203 the Florida Education Finance Program, and the Florida College 2204 System Program Fund, depending upon the programs conducted by 2205 the center. 2206 (c) A center may receive other state and federal aid, 2207 grants, and revenue through the district school board or Florida 2208 College System institution board of trustees. 2209 (d) A center may receive gifts and grants from private 2210 sources. 2211 (e) A center may not levy taxes or issue bonds, but it may 2212 charge a student tuition fee consistent with authority granted 2213 in its charter and permitted by law. 2214 (f) A center shall provide for an annual financial audit in 2215 accordance with s. 218.39. A center shall provide a monthly 2216 financial statement to the sponsor. The monthly financial 2217 statement shall be in a form prescribed by the Department of 2218 Education. 2219 (g) A center must define in the charter agreement the 2220 delivery system in which the instructional offering of 2221 educational services will be placed. The rules governing this 2222 delivery system must be applied to all of the center’s students 2223 and must authorize all other sponsoring educational systems to 2224 report required enrollment and student data based solely on the 2225 rules of the offering institution. Each sponsor shall earn full 2226 time equivalent membership for each student for funding and 2227 reporting purposes. 2228 (12) EMPLOYEES OF A CENTER.— 2229 (a) A center may select its own employees. 2230 (b) A center may contract for services with an individual, 2231 partnership, or a cooperative. Such persons contracted with are 2232 not public employees. 2233 (c) If a center contracts with a public educational agency 2234 for services, the terms of employment must follow existing state 2235 law and rule and local policies and procedures. 2236 (d) The employees of a center may bargain collectively, as 2237 a separate unit or as part of the existing district collective 2238 bargaining unit, as determined by the structure of the center. 2239 (e) As a public employer, a center may participate in: 2240 1. The Florida Retirement System upon application and 2241 approval as a “covered group” under s. 121.021(34). If a center 2242 participates in the Florida Retirement System, its employees are 2243 compulsory members of the Florida Retirement System. 2244 2. The State Community College System Optional Retirement 2245 Program pursuant to s. 1012.875(2), if the charter is granted by 2246 a Florida College System institution that participates in the 2247 optional retirement program and meets the eligibility criteria 2248 of s. 121.051(2)(c). 2249 (f) Teachers who are considered qualified by the career 2250 center are exempt from state certification requirements. 2251 (g) A public school or Florida College System institution 2252 teacher or administrator may take a leave of absence to accept 2253 employment in a charter technical career center upon the 2254 approval of the school district or Florida College System 2255 institution. 2256 (h) An employee who is on a leave of absence under this 2257 section may retain seniority accrued in that school district or 2258 Florida College System institution and may continue to be 2259 covered by the benefit programs of that district or Florida 2260 College System institution if the center and the district school 2261 board or Florida College System institution board of trustees 2262 agree to this arrangement and its financing. 2263 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors 2264 of a center may decide matters relating to the operation of the 2265 school, including budgeting, curriculum, and operating 2266 procedures, subject to the center’s charter. The board of 2267 directors is responsible for performing the duties provided in 2268 s. 1002.345, including monitoring the corrective action plan. 2269 The board of directors must comply with s. 1002.33(26). 2270 (14) ACCOUNTABILITY.—Each center must submit a report to 2271 the participating district school board or Florida College 2272 System institution board of trustees by August 1 of each year. 2273 The report must be in such form as the sponsor prescribes and 2274 must include: 2275 (a) A discussion of progress made toward the achievement of 2276 the goals outlined in the center’s charter. 2277 (b) A financial statement setting forth by appropriate 2278 categories the revenue and expenditures for the previous school 2279 year. 2280 (15) TERMS OF THE CHARTER.—The term of an initial charter 2281 may not exceed 5 years. Thereafter, the sponsor may renew a 2282 charter for a period up to 5 years. The sponsor may refuse to 2283 renew a charter or may revoke a charter if the center has not 2284 fulfilled a condition imposed under the charter or if the center 2285 has violated any provision of the charter. The sponsor may place 2286 the center on probationary status to allow the implementation of 2287 a remedial plan, after which, if the plan is unsuccessful, the 2288 charter may be summarily revoked. The sponsor shall develop 2289 procedures and guidelines for the revocation and renewal of a 2290 center’s charter. The sponsor must give written notice of its 2291 intent not to renew the charter at least 12 months before the 2292 charter expires. If the sponsor revokes a charter before the 2293 scheduled expiration date, the sponsor must provide written 2294 notice to the governing board of the center at least 60 days 2295 before the date of termination, stating the grounds for the 2296 proposed revocation. The governing board of the center may 2297 request in writing an informal hearing before the sponsor within 2298 14 days after receiving the notice of revocation. A revocation 2299 takes effect at the conclusion of a school year, unless the 2300 sponsor determines that earlier revocation is necessary to 2301 protect the health, safety, and welfare of students. The sponsor 2302 shall monitor and review the center in its progress toward the 2303 goals established in the charter and shall monitor the revenues 2304 and expenditures of the center. 2305 (16) TRANSPORTATION.—The center may provide transportation, 2306 pursuant to chapter 1006, through a contract with the district 2307 school board or the Florida College System institution board of 2308 trustees, a private provider, or parents of students. The center 2309 must ensure that transportation is not a barrier to equal access 2310 for all students in grades K-12 residing within a reasonable 2311 distance of the facility. 2312 (17) IMMUNITY.—For the purposes of tort liability, the 2313 governing body and employees of a center are governed by s. 2314 768.28. 2315 (18) RULES.—The State Board of Education, for technical 2316 centers operated by school districts, and the State Board of 2317 Colleges, for technical centers operated by Florida College 2318 System institutions, shall adopt rules, pursuant to ss. 2319 120.536(1) and 120.54, relating to the implementation of charter 2320 technical career centers, including rules to implement a charter 2321 model application form and an evaluation instrument in 2322 accordance with this section. 2323 (19) EVALUATION; REPORT.—The Commissioner of Education 2324 shall provide for an annual comparative evaluation of charter 2325 technical career centers and public technical centers. The 2326 evaluation may be conducted in cooperation with the sponsor, 2327 through private contracts, or by department staff. At a minimum, 2328 the comparative evaluation must address the demographic and 2329 socioeconomic characteristics of the students served, the types 2330 and costs of services provided, and the outcomes achieved. By 2331 December 30 of each year, the Commissioner of Education shall 2332 submit to the Governor, the President of the Senate, the Speaker 2333 of the House of Representatives, and the Senate and House 2334 committees that have responsibility for secondary and 2335 postsecondary career and technical education a report of the 2336 comparative evaluation completed for the previous school year. 2337 Section 27. Paragraph (b) of subsection (4) of section 2338 1003.491, Florida Statutes, is amended to read: 2339 1003.491 Florida Career and Professional Education Act.—The 2340 Florida Career and Professional Education Act is created to 2341 provide a statewide planning partnership between the business 2342 and education communities in order to attract, expand, and 2343 retain targeted, high-value industry and to sustain a strong, 2344 knowledge-based economy. 2345 (4) The State Board of Education shall establish a process 2346 for the continual and uninterrupted review of newly proposed 2347 core secondary courses and existing courses requested to be 2348 considered as core courses to ensure that sufficient rigor and 2349 relevance is provided for workforce skills and postsecondary 2350 education and aligned to state curriculum standards. 2351 (b) The curriculum review committee shall review newly 2352 proposed core courses electronically. Each proposed core course 2353 shall be approved or denied within 30 days after submission by a 2354 district school board or local workforce development board. All 2355 courses approved as core courses for purposes of middle school 2356 promotion and high school graduation shall be immediately added 2357 to the Course Code Directory. Approved core courses shall also 2358 be reviewed and considered for approval for dual enrollment 2359 credit. The Board of Governors, the State Board of Colleges, and 2360 the Commissioner of Education shall jointly recommend an annual 2361 deadline for approval of new core courses to be included for 2362 purposes of postsecondary admissions and dual enrollment credit 2363 the following academic year. The State Board of Education shall 2364 establish an appeals process in the event that a proposed course 2365 is denied which shall require a consensus ruling by the 2366 Department of Economic Opportunity and the Commissioner of 2367 Education within 15 days. 2368 Section 28. Paragraph (b) of subsection (4) of section 2369 1003.493, Florida Statutes, is amended to read: 2370 1003.493 Career and professional academies and career 2371 themed courses.— 2372 (4) Each career and professional academy and secondary 2373 school providing a career-themed course must: 2374 (b) Include one or more partnerships with postsecondary 2375 institutions, businesses, industry, employers, economic 2376 development organizations, or other appropriate partners from 2377 the local community. Such partnerships with postsecondary 2378 institutions shall be delineated in articulation agreements and 2379 include any career and professional academy courses or career 2380 themed courses that earn postsecondary credit. Such agreements 2381 may include articulation between the secondary school and public 2382 or private 2-year and 4-year postsecondary institutions and 2383 technical centers. The Department of Education, in consultation 2384 with the Board of Governors and the State Board of Colleges, 2385 shall establish a mechanism to ensure articulation and transfer 2386 of credits to postsecondary institutions in this state. Such 2387 partnerships must provide opportunities for: 2388 1. Instruction from highly skilled professionals who 2389 possess industry-certification credentials for courses they are 2390 teaching. 2391 2. Internships, externships, and on-the-job training. 2392 3. A postsecondary degree, diploma, or certificate. 2393 4. The highest available level of industry certification. 2394 5. Maximum articulation of credits pursuant to s. 1007.23 2395 upon program completion. 2396 Section 29. Subsections (4), (5), and (6) of section 2397 1004.015, Florida Statutes, are amended to read: 2398 1004.015 Higher Education Coordinating Council.— 2399 (4) The council shall serve as an advisory board to the 2400 Legislature, the State Board of Education,andthe Board of 2401 Governors, and the State Board of Colleges. Recommendations of 2402 the council shall be consistent with the following guiding 2403 principles: 2404 (a) To achieve within existing resources a seamless 2405 academic educational system that fosters an integrated continuum 2406 of kindergarten through graduate school education for Florida’s 2407 students. 2408 (b) To promote consistent education policy across all 2409 educational delivery systems, focusing on students. 2410 (c) To promote substantially improved articulation across 2411 all educational delivery systems. 2412 (d) To promote a system that maximizes educational access 2413 and allows the opportunity for a high-quality education for all 2414 Floridians. 2415 (e) To promote a system of coordinated and consistent 2416 transfer of credit and data collection for improved 2417 accountability purposes between the educational delivery 2418 systems. 2419 (5) The council shall annually by December 31 submit to the 2420 Governor, the President of the Senate, the Speaker of the House 2421 of Representatives, the Board of Governors, the State Board of 2422 Colleges, and the State Board of Education a report outlining 2423 its recommendations relating to: 2424 (a) The primary core mission of public and nonpublic 2425 postsecondary education institutions in the context of state 2426 access demands and economic development goals. 2427 (b) Performance outputs and outcomes designed to meet 2428 annual and long-term state goals, including, but not limited to, 2429 increased student access, preparedness, retention, transfer, and 2430 completion. Performance measures must be consistent across 2431 sectors and allow for a comparison of the state’s performance to 2432 that of other states. 2433 (c) The state’s articulation policies and practices to 2434 ensure that cost benefits to the state are maximized without 2435 jeopardizing quality. The recommendations shall consider return 2436 on investment for both the state and students and propose 2437 systems to facilitate and ensure institutional compliance with 2438 state articulation policies. 2439 (d) Workforce development education, specifically 2440 recommending improvements to the consistency of workforce 2441 education data collected and reported by Florida College System 2442 institutions and school districts, including the establishment 2443 of common elements and definitions for any data that is used for 2444 state and federal funding and program accountability. 2445 (6) The Office of K-20 Articulation, in collaboration with 2446 the Board of Governors and the State Board ofDivision of2447FloridaColleges, shall provide administrative support for the 2448 council. 2449 Section 30. Subsection (7) of section 1004.02, Florida 2450 Statutes, is amended to read: 2451 1004.02 Definitions.—As used in this chapter: 2452 (7) “Applied technology diploma program” means a course of 2453 study that is part of a technical degree program, is less than 2454 60 credit hours, and leads to employment in a specific 2455 occupation. An applied technology diploma program may consist of 2456 either technical credit or college credit. A public school 2457 district may offer an applied technology diploma program only as 2458 technical credit, with college credit awarded to a student upon 2459 articulation to a Florida College System institution. Statewide 2460 articulation among public schools and Florida College System 2461 institutions is guaranteed by s. 1007.23, and is subject to 2462 guidelines and standards adopted by the State Board of Colleges 2463Educationpursuant to ss. 1007.24 and 1007.25. 2464 Section 31. Subsection (2) of section 1004.03, Florida 2465 Statutes, is amended to read: 2466 1004.03 Program approval.— 2467 (2) The State Board of CollegesEducationshall establish 2468 criteria for the approval of new programs at Florida College 2469 System institutions, which criteria include, but are not limited 2470 to, the following: 2471 (a) New programs may not be approved unless the same 2472 objectives cannot be met through use of educational technology. 2473 (b) Unnecessary duplication of programs offered by 2474 independent institutions shall be avoided. 2475 (c) Cooperative programs, particularly within regions, 2476 should be encouraged. 2477 (d) New programs may be approved only if they are 2478 consistent with thestate masterplan adopted by the State Board 2479 of CollegesEducation. 2480 Section 32. Paragraph (f) of subsection (4) of section 2481 1004.04, Florida Statutes, is amended to read: 2482 1004.04 Public accountability and state approval for 2483 teacher preparation programs.— 2484 (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a 2485 teacher preparation program shall be based upon evidence that 2486 the program continues to implement the requirements for initial 2487 approval and upon significant, objective, and quantifiable 2488 measures of the program and the performance of the program 2489 completers. 2490 (f) By January 1 of each year, the Department of Education 2491 shall report the results of each approved program’s annual 2492 progress on the performance measures in paragraph (a) as well as 2493 the current approval status of each program to: 2494 1. The Governor. 2495 2. The President of the Senate. 2496 3. The Speaker of the House of Representatives. 2497 4. The State Board of Education. 2498 5. The Board of Governors. 2499 6. The State Board of Colleges. 2500 7. The Commissioner of Education. 2501 8.7.Each Florida postsecondary teacher preparation 2502 program. 2503 9.8.Each district school superintendent. 2504 10.9.The public. 2505 2506 This report may include the results of other continued approval 2507 requirements provided by State Board of Education rule and 2508 recommendations for improving teacher preparation programs in 2509 the state. 2510 Section 33. Subsections (2), (3), and (4) of section 2511 1004.07, Florida Statutes, are amended, and subsection (5) is 2512 added to that section, to read: 2513 1004.07 Student withdrawal from courses due to military 2514 service; effect.— 2515 (2) Such policies mustshallprovide that any student 2516 enrolled in a postsecondary course or courses at a career 2517 center, a Florida College System institution, or a state 2518 university mayshallnot incur academic or financial penalties 2519 by virtue of performing military service on behalf of our 2520 country. Such student shall be permitted the option of either 2521 completing the course or courses at a later date without penalty 2522 or withdrawing from the course or courses with a full refund of 2523 fees paid. If the student chooses to withdraw, the student’s 2524 record shall reflect that the withdrawal is due to active 2525 military service. 2526 (3) Policies of district school boards mustand Florida2527College System institution boards of trustees shallbe 2528 established by rule and pursuant to guidelines of the State 2529 Board of Education. 2530 (4) Policies of state university boards of trustees must 2531shallbe established by regulation and pursuant to guidelines of 2532 the Board of Governors. 2533 (5) Policies of Florida College System institution boards 2534 of trustees must be established by rule and pursuant to 2535 guidelines of the State Board of Colleges. 2536 Section 34. Section 1004.084, Florida Statutes, is amended 2537 to read: 2538 1004.084 College affordability.— 2539 (1) The Board of Governors and the State Board of Colleges 2540Educationshall annually identify strategies to promote college 2541 affordability for all Floridians by evaluating, at a minimum, 2542 the impact of: 2543 (a) Tuition and fees on undergraduate, graduate, and 2544 professional students at public colleges and universities and 2545 graduate assistants employed by public universities. 2546 (b) Federal, state, and institutional financial aid 2547 policies on the actual cost of attendance for students and their 2548 families. 2549 (c) The costs of textbooks and instructional materials. 2550 (2) By December 31 of each year,beginning in 2016,the 2551 Board of Governors and the State Board of CollegesEducation2552 shall submit a report on their respective college affordability 2553 initiatives to the Governor, the President of the Senate, and 2554 the Speaker of the House of Representatives. 2555 Section 35. Paragraph (d) of subsection (3) and subsections 2556 (6), (7), and (8) of section 1004.085, Florida Statutes, are 2557 amended to read: 2558 1004.085 Textbook and instructional materials 2559 affordability.— 2560 (3) An employee may receive: 2561 (d) Fees associated with activities such as reviewing, 2562 critiquing, or preparing support materials for textbooks or 2563 instructional materials pursuant to guidelines adopted by the 2564 State Board of CollegesEducationor the Board of Governors. 2565 (6) Each Florida College System institution and state 2566 university shall post prominently in the course registration 2567 system and on its website, as early as is feasible, but at least 2568 45 days before the first day of class for each term, a hyperlink 2569 to lists of required and recommended textbooks and instructional 2570 materials for at least 95 percent of all courses and course 2571 sections offered at the institution during the upcoming term. 2572 The lists must include the International Standard Book Number 2573 (ISBN) for each required and recommended textbook and 2574 instructional material or other identifying information, which 2575 must include, at a minimum, all of the following: the title, all 2576 authors listed, publishers, edition number, copyright date, 2577 published date, and other relevant information necessary to 2578 identify the specific textbooks or instructional materials 2579 required and recommended for each course. The State Board of 2580 CollegesEducationand the Board of Governors shall include in 2581 the policies, procedures, and guidelines adopted under 2582 subsection (7) certain limited exceptions to this notification 2583 requirement for classes added after the notification deadline. 2584 (7) After receiving input from students, faculty, 2585 bookstores, and publishers, the State Board of Colleges 2586Educationand the Board of Governors each shall adopt textbook 2587 and instructional materials affordability policies, procedures, 2588 and guidelines for implementation by Florida College System 2589 institutions and state universities, respectively, that further 2590 efforts to minimize the cost of textbooks and instructional 2591 materials for students attending such institutions while 2592 maintaining the quality of education and academic freedom. The 2593 policies, procedures, and guidelines shall address: 2594 (a) The establishment of deadlines for an instructor or 2595 department to notify the bookstore of required and recommended 2596 textbooks and instructional materials so that the bookstore may 2597 verify availability, source lower cost options when practicable, 2598 explore alternatives with faculty when academically appropriate, 2599 and maximize the availability of used textbooks and 2600 instructional materials. 2601 (b) Confirmation by the course instructor or academic 2602 department offering the course, before the textbook or 2603 instructional materials adoption is finalized, of the intent to 2604 use all items ordered, particularly each individual item sold as 2605 part of a bundled package. 2606 (c) Determination by a course instructor or the academic 2607 department offering the course, before a textbook or 2608 instructional material is adopted, of the extent to which a new 2609 edition differs significantly and substantively from earlier 2610 versions and the value to the student of changing to a new 2611 edition or the extent to which an open-access textbook or 2612 instructional material is available. 2613 (d) The availability of required and recommended textbooks 2614 and instructional materials to students otherwise unable to 2615 afford the cost, including consideration of the extent to which 2616 an open-access textbook or instructional material may be used. 2617 (e) Participation by course instructors and academic 2618 departments in the development, adaptation, and review of open 2619 access textbooks and instructional materials and, in particular, 2620 open-access textbooks and instructional materials for high 2621 demand general education courses. 2622 (f) Consultation with school districts to identify 2623 practices that impact the cost of dual enrollment textbooks and 2624 instructional materials to school districts, including, but not 2625 limited to, the length of time that textbooks and instructional 2626 materials remain in use. 2627 (g) Selection of textbooks and instructional materials 2628 through cost-benefit analyses that enable students to obtain the 2629 highest-quality product at the lowest available price, by 2630 considering: 2631 1. Purchasing digital textbooks in bulk. 2632 2. Expanding the use of open-access textbooks and 2633 instructional materials. 2634 3. Providing rental options for textbooks and instructional 2635 materials. 2636 4. Increasing the availability and use of affordable 2637 digital textbooks and learning objects. 2638 5. Developing mechanisms to assist in buying, renting, 2639 selling, and sharing textbooks and instructional materials. 2640 6. The length of time that textbooks and instructional 2641 materials remain in use. 2642 7. An evaluation of cost savings for textbooks and 2643 instructional materials which a student may realize if 2644 individual students are able to exercise opt-in provisions for 2645 the purchase of the materials. 2646 (8) The board of trustees of each Florida College System 2647 institution and state university shall report, by September 30 2648 of each year, beginning in 2016, to the Chancellor of the 2649 Florida College System or the Chancellor of the State University 2650 System, as applicable, the textbook and instructional materials 2651 selection process for general education courses with a wide cost 2652 variance identified pursuant to subsection (4) and high 2653 enrollment courses; specific initiatives of the institution 2654 designed to reduce the costs of textbooks and instructional 2655 materials; policies implemented in accordance with subsection 2656 (6); the number of courses and course sections that were not 2657 able to meet the textbook and instructional materials posting 2658 deadline for the previous academic year; and any additional 2659 information determined by the chancellors. By November 1 of each 2660 year,beginning in 2016,each chancellor shall provide a summary 2661 of the information provided by institutions to the State Board 2662 of CollegesEducationand the Board of Governors, as applicable. 2663 Section 36. Section 1004.096, Florida Statutes, is amended 2664 to read: 2665 1004.096 College credit for military training and education 2666 courses.—The Board of Governors shall adopt regulations and the 2667 State Board of CollegesEducationshall adopt rules that enable 2668 eligible servicemembers or veterans of the United States Armed 2669 Forces to earn academic college credit at public postsecondary 2670 educational institutions for college-level training and 2671 education acquired in the military. The regulations and rules 2672 shall include procedures for credential evaluation and the award 2673 of academic college credit, including, but not limited to, 2674 equivalency and alignment of military coursework with 2675 appropriate college courses, course descriptions, type and 2676 amount of college credit that may be awarded, and transfer of 2677 credit. 2678 Section 37. Section 1004.0961, Florida Statutes, is amended 2679 to read: 2680 1004.0961 Credit for online courses.—Beginning in the 201526812016 school year,The State Board of CollegesEducationshall 2682 adopt rules and the Board of Governors shall adopt regulations 2683 that enable students to earn academic credit for online courses, 2684 including massive open online courses, before initial enrollment 2685 at a postsecondary institution. The rules of the State Board of 2686 CollegesEducationand regulations of the Board of Governors 2687 must include procedures for credential evaluation and the award 2688 of credit, including, but not limited to, recommendations for 2689 credit by the American Council on Education; equivalency and 2690 alignment of coursework with appropriate courses; course 2691 descriptions; type and amount of credit that may be awarded; and 2692 transfer of credit. 2693 Section 38. Section 1004.35, Florida Statutes, is amended 2694 to read: 2695 1004.35 Broward County campuses of Florida Atlantic 2696 University; coordination with other institutions.—The State 2697 Board of CollegesEducation, the Board of Governors, and Florida 2698 Atlantic University shall consult with Broward College and 2699 Florida International University in coordinating course 2700 offerings at the postsecondary level in Broward County. Florida 2701 Atlantic University may contract with the Board of Trustees of 2702 Broward College and with Florida International University to 2703 provide instruction in courses offered at the Southeast Campus. 2704 Florida Atlantic University shall increase course offerings at 2705 the Southeast Campus as facilities become available. 2706 Section 39. Paragraphs (c) and (d) of subsection (5) and 2707 subsections (8) and (9) of section 1004.6495, Florida Statutes, 2708 are amended to read: 2709 1004.6495 Florida Postsecondary Comprehensive Transition 2710 Program and Florida Center for Students with Unique Abilities.— 2711 (5) CENTER RESPONSIBILITIES.—The Florida Center for 2712 Students with Unique Abilities is established within the 2713 University of Central Florida. At a minimum, the center shall: 2714 (c) Create the application for the initial approval and 2715 renewal of approval as an FPCTP for use by an eligible 2716 institution which, at a minimum, must align with the federal 2717 comprehensive transition and postsecondary program application 2718 requirements. Notwithstanding the program approval requirements 2719 of s. 1004.03, the director shall review applications for the 2720 initial approval of an application for, or renewal of approval 2721 of, an FPCTP. 2722 1. Within 30 days after receipt of an application, the 2723 director shall issue his or her recommendation regarding 2724 approval to the Chancellor of the State University System,or2725 the Chancellor of the Florida College System, or the 2726 Commissioner of Education, as applicable, or shall give written 2727 notice to the applicant of any deficiencies in the application, 2728 which the eligible institution must be given an opportunity to 2729 correct. Within 15 days after receipt of a notice of 2730 deficiencies, an eligible institution that chooses to continue 2731 to seek program approval shall correct the application 2732 deficiencies and return the application to the center. Within 30 2733 days after receipt of a revised application, the director shall 2734 recommend approval or disapproval of the revised application to 2735 the applicable chancellor or the commissioner, as applicable. 2736 Within 15 days after receipt of the director’s recommendation, 2737 the applicable chancellor or the commissioner shall approve or 2738 disapprove the recommendation. If the applicable chancellor or 2739 the commissioner does not act on the director’s recommendation 2740 within 15 days after receipt of such recommendation, the 2741 comprehensive transition program proposed by the institution 2742 shall be considered approved. 2743 2. Initial approval of an application for an FPCTP that 2744 meets the requirements of this section is valid for the 3 2745 academic years immediately following the academic year during 2746 which the approval is granted. An eligible institution may 2747 submit an application to the center requesting that the initial 2748 approval be renewed. If the approval is granted and the FPCTP 2749 continues to meet the requirements of this section, including, 2750 but not limited to, program and student performance outcomes, 2751 and federal requirements, a renewal is valid for the 5 academic 2752 years immediately following the academic year during which the 2753 renewal is granted. 2754 3. An application must, at a minimum: 2755 a. Identify a credential associated with the proposed 2756 program which will be awarded to eligible students upon 2757 completion of the FPCTP. 2758 b. Outline the program length and design, including, at a 2759 minimum, inclusive and successful experiential education 2760 practices relating to curricular, assessment, and advising 2761 structure and internship and employment opportunities, which 2762 must support students with intellectual disabilities who are 2763 seeking to continue academic, career and technical, and 2764 independent living instruction at an eligible institution, 2765 including, but not limited to, opportunities to earn industry 2766 certifications, to prepare students for gainful employment. If 2767 an eligible institution offers a credit-bearing degree program, 2768 the institution is responsible for maintaining the rigor and 2769 effectiveness of a comprehensive transition degree program at 2770 the same level as other comparable degree programs offered by 2771 the institution pursuant to applicable accreditation standards. 2772 c. Outline a plan for students with intellectual 2773 disabilities to be integrated socially and academically with 2774 nondisabled students, to the maximum extent possible, and to 2775 participate on not less than a half-time basis, as determined by 2776 the eligible institution, with such participation focusing on 2777 academic components and occurring through one or more of the 2778 following activities with nondisabled students: 2779 (I) Regular enrollment in credit-bearing courses offered by 2780 the institution. 2781 (II) Auditing or participating in courses offered by the 2782 institution for which the student does not receive academic 2783 credit. 2784 (III) Enrollment in noncredit-bearing, nondegree courses. 2785 (IV) Participation in internships or work-based training. 2786 d. Outline a plan for partnerships with businesses to 2787 promote experiential training and employment opportunities for 2788 students with intellectual disabilities. 2789 e. Identify performance indicators pursuant to subsection 2790 (8) and other requirements identified by the center. 2791 f. Outline a 5-year plan incorporating enrollment and 2792 operational expectations for the program. 2793 (d) Provide technical assistance regarding programs and 2794 services for students with intellectual disabilities to 2795 administrators, instructors, staff, and others, as applicable, 2796 at eligible institutions by: 2797 1. Holding meetings and annual workshops to share 2798 successful practices and to address issues or concerns. 2799 2. Facilitating collaboration between eligible institutions 2800 and school districts, private schools operating pursuant to s. 2801 1002.42, and parents of students enrolled in home education 2802 programs operating pursuant to s. 1002.41 in assisting students 2803 with intellectual disabilities and their parents to plan for the 2804 transition of such students into an FPCTP or another program at 2805 an eligible institution. 2806 3. Assisting eligible institutions with FPCTP and federal 2807 comprehensive transition and postsecondary program applications. 2808 4. Assisting eligible institutions with the identification 2809 of funding sources for an FPCTP and for student financial 2810 assistance for students enrolled in an FPCTP. 2811 5. Monitoring federal and state law relating to the 2812 comprehensive transition program and notifying the Legislature, 2813 the Governor, the Board of Governors, the State Board of 2814 Colleges, and the State Board of Education of any change in law 2815 which may impact the implementation of this section. 2816 (8) ACCOUNTABILITY.— 2817 (a) The center, in collaboration with the Board of 2818 Governors, the State Board of Colleges, and the State Board of 2819 Education, shall identify indicators for the satisfactory 2820 progress of a student in an FPCTP and for the performance of 2821 such programs. Each eligible institution must address the 2822 indicators identified by the center in its application for the 2823 approval of a proposed program and for the renewal of an FPCTP 2824 and in the annual report that the institution submits to the 2825 center. 2826 (b) By October 1 of each year, the center shall provide to 2827 the Governor, the President of the Senate, the Speaker of the 2828 House of Representatives, the Chancellor of the State University 2829 System, the Chancellor of the Florida College System, and the 2830 Commissioner of Education a report summarizing information 2831 including, but not limited to: 2832 1. The status of the statewide coordination of FPCTPs and 2833 the implementation of FPCTPs at eligible institutions including, 2834 but not limited to: 2835 a. The number of applications approved and disapproved and 2836 the reasons for each disapproval and no action taken by the 2837 chancellor or the commissioner. 2838 b. The number and value of all scholarships awarded to 2839 students and undisbursed advances remitted to the center 2840 pursuant to subsection (7). 2841 2. Indicators identified by the center pursuant to 2842 paragraph (a) and the performance of each eligible institution 2843 based on the indicators identified in paragraph (6)(c). 2844 3. The projected number of students with intellectual 2845 disabilities who may be eligible to enroll in the FPCTPs within 2846 the next academic year. 2847 4. Education programs and services for students with 2848 intellectual disabilities which are available at eligible 2849 institutions. 2850 (c)Beginning in the 2016-2017 fiscal year,The center, in 2851 collaboration with the Board of Governors, State Board of 2852 Colleges, State Board of Education, Higher Education 2853 Coordinating Council, and other stakeholders, by December 1 of 2854 each year, shall submit to the Governor, the President of the 2855 Senate, and the Speaker of the House of Representatives 2856 statutory and budget recommendations for improving the 2857 implementation and delivery of FPCTPs and other education 2858 programs and services for students with disabilities. 2859 (9) RULES.—The Board of Governors, the State Board of 2860 Colleges, and the State Board of Education, in consultation with 2861 the center, shall expeditiously adopt any necessary regulations 2862 and rules, as applicable, to allow the center to perform its 2863 responsibilities pursuant to this sectionbeginning in the 201628642017 fiscal year. 2865 Section 40. Section 1004.65, Florida Statutes, is amended 2866 to read: 2867 1004.65 Florida College System institutions; governance, 2868 mission, and responsibilities.— 2869 (1) Each Florida College System institution shall be 2870 governed by a district board of trustees under statutory 2871 authority and rules of the State Board of CollegesEducation. 2872 (2) Each Florida College System institution district shall: 2873 (a) Consist of the county or counties served by the Florida 2874 College System institution pursuant to s. 1000.21(3). 2875 (b) Be an independent, separate, legal entity created for 2876 the operation of a Florida College System institution. 2877 (3) Florida College System institutions are locally based 2878 and governed entities with statutory and funding ties to state 2879 government. As such, the mission for Florida College System 2880 institutions reflects a commitment to be responsive to local 2881 educational needs and challenges. In achieving this mission, 2882 Florida College System institutions strive to maintain 2883 sufficient local authority and flexibility while preserving 2884 appropriate legal accountability to the state. 2885 (4) As comprehensive institutions, Florida College System 2886 institutions shall provide high-quality, affordable education 2887 and training opportunities, shall foster a climate of 2888 excellence, and shall provide opportunities to all while 2889 combining high standards with an open-door admission policy for 2890 lower-division programs. Florida College System institutions 2891 shall, as open-access institutions, serve all who can benefit, 2892 without regard to age, race, gender, creed, or ethnic or 2893 economic background, while emphasizing the achievement of social 2894 and educational equity so that all can be prepared for full 2895 participation in society. 2896 (5) The primary mission and responsibility of Florida 2897 College System institutions is responding to community needs for 2898 postsecondary academic education and career degree education. 2899 This mission and responsibility includes being responsible for: 2900 (a) Providing lower-levellower levelundergraduate 2901 instruction and awarding associate degrees. 2902 (b) Preparing students directly for careers requiring less 2903 than baccalaureate degrees. This may include preparing for job 2904 entry, supplementing of skills and knowledge, and responding to 2905 needs in new areas of technology. Career education in a Florida 2906 College System institution consistsshall consistof career 2907 certificates, nationally recognized industry certifications, 2908 credit courses leading to associate in science degrees and 2909 associate in applied science degrees, and other programs in 2910 fields requiring substantial academic work, background, or 2911 qualifications. A Florida College System institution may offer 2912 career education programs in fields having lesser academic or 2913 technical requirements. 2914 (c) Providing student development services, including 2915 assessment, student tracking, support for disabled students, 2916 advisement, counseling, financial aid, career development, and 2917 remedial and tutorial services, to ensure student success. 2918 (d) Promoting economic development for the state within 2919 each Florida College System institution district through the 2920 provision of special programs, including, but not limited to, 2921 the: 2922 1. Enterprise Florida-related programs. 2923 2. Technology transfer centers. 2924 3. Economic development centers. 2925 4. Workforce literacy programs. 2926 (e) Providing dual enrollment instruction. 2927(f) Providing upper level instruction and awarding2928baccalaureate degrees as specifically authorized by law.2929 (6) A separate and secondary role for Florida College 2930 System institutions includestheofferingof programs in: 2931 (a) Programs in community services that are not directly 2932 related to academic or occupational advancement. 2933 (b) Programs in adult education services, including adult 2934 basic education, adult general education, adult secondary 2935 education, and high school equivalency examination instruction. 2936 (c) Programs in recreational and leisure services. 2937 (d) Upper-level instruction and awarding baccalaureate 2938 degrees as specifically authorized by law. 2939 (7) Funding for Florida College System institutions must 2940shallreflect their mission as follows: 2941 (a) Postsecondary academic and career education programs 2942 and adult general education programs mustshallhave first 2943 priority in Florida College System institution funding. 2944 (b) Community service programs shall be presented to the 2945 Legislature with rationale for state funding. The Legislature 2946 may identify priority areas for use of these funds. 2947 (c) The resources of a Florida College System institution, 2948 including staff, faculty, land, and facilities, mayshallnot be 2949 used to support the establishment of a new independent nonpublic 2950 educational institution. If any institution uses resources for 2951 such purpose, the State Board ofDivision of FloridaColleges 2952 shall notify the President of the Senate and the Speaker of the 2953 House of Representatives. 2954 (8) Florida College System institutions are authorized to: 2955 (a) Offer such programs and courses as are necessary to 2956 fulfill their mission. 2957 (b) Grant associate in arts degrees, associate in science 2958 degrees, associate in applied science degrees, certificates, 2959 awards, and diplomas. 2960 (c) Make provisions for the high school equivalency 2961 examination. 2962 (d) Provide access to and award baccalaureate degrees in 2963 accordance with law. 2964 2965 Authority to offer one or more baccalaureate degree programs 2966 does not alter the governance relationship of the Florida 2967 College System institution with its district board of trustees 2968 or the State Board of CollegesEducation. 2969 Section 41. Section 1004.67, Florida Statutes, is amended 2970 to read: 2971 1004.67 Florida College System institutions; legislative 2972 intent.—It is The legislative intent that Florida College System 2973 institutions, constituted as political subdivisions of the 2974 state, continue to be operated by Florida College System 2975 institution boards of trustees as provided in s. 1001.63 and 2976 that no department, bureau, division, agency, or subdivision of 2977 the state exercise any responsibility and authority to operate 2978 any Florida College System institution of the state except as 2979 specifically provided by law or rules of the State Board of 2980 CollegesEducation. 2981 Section 42. Subsections (2), (3), (4), and (6) of section 2982 1004.70, Florida Statutes, are amended to read: 2983 1004.70 Florida College System institution direct-support 2984 organizations.— 2985 (2) BOARD OF DIRECTORS.—The chair of the board of trustees 2986 shall appoint at least onearepresentative to the board of 2987 directors and the executive committee of each direct-support 2988 organization established under this section, including those 2989 established before July 1, 1998. The president of the Florida 2990 College System institution for which the direct-support 2991 organization is established, or the president’s designee, shall 2992 also serve on the board of directors and the executive committee 2993 of the direct-support organization, including any direct-support 2994 organization established before July 1, 1998. 2995 (3) USE OF PROPERTY.— 2996 (a) The board of trustees is authorized to permit the use 2997 of property, facilities, and personal services at any Florida 2998 College System institution by any Florida College System 2999 institution direct-support organization, subject to the 3000 provisions of this section. Beginning July 1, 2022, a Florida 3001 College System institution board of trustees may not permit any 3002 Florida College System institution direct-support organization 3003 to use personal services. 3004 (b) The board of trustees is authorized to prescribe by 3005 rule any condition with which a Florida College System 3006 institution direct-support organization must comply in order to 3007 use property, facilities, or personal services at any Florida 3008 College System institution. 3009 (c) The board of trustees may not permit the use of 3010 property, facilities, or personal services at any Florida 3011 College System institution by any Florida College System 3012 institution direct-support organization that does not provide 3013 equal employment opportunities to all persons regardless of 3014 race, color, national origin, gender, age, or religion. 3015 (d) The board of trustees may not permit the use of state 3016 funds for travel expenses by any Florida College System 3017 institution direct-support organization. 3018 (4) ACTIVITIES; RESTRICTIONS.— 3019 (a) A direct-support organization may, at the request of 3020 the board of trustees, provide residency opportunities on or 3021 near campus for students. 3022 (b) A direct-support organization that constructs 3023 facilities for use by a Florida College System institution or 3024 its students must comply with all requirements of law relating 3025 to the construction of facilities by a Florida College System 3026 institution, including requirements for competitive bidding. 3027 (c) Any transaction or agreement between one direct-support 3028 organization and another direct-support organization must be 3029 approved by the board of trustees. 3030 (d) A Florida College System institution direct-support 3031 organization is prohibited from giving, either directly or 3032 indirectly, any gift to a political committee as defined in s. 3033 106.011 for any purposeother than those certified by a majority3034roll call vote of the governing board of the direct-support3035organization at a regularly scheduled meeting as being directly3036related to the educational mission of the Florida College System3037institution. 3038 (e) A Florida College System institution board of trustees 3039 must authorize all debt, including lease-purchase agreements, 3040 incurred by a direct-support organization. Authorization for 3041 approval of short-term loans and lease-purchase agreements for a 3042 term of not more than 5 years, including renewals, extensions, 3043 and refundings, for goods, materials, equipment, and services 3044 may be delegated by the board of trustees to the board of 3045 directors of the direct-support organization. Trustees shall 3046 evaluate proposals for debt according to guidelines issued by 3047 the State Board ofDivision of FloridaColleges. Revenues of the 3048 Florida College System institution may not be pledged to debt 3049 issued by direct-support organizations. 3050 (6) ANNUAL AUDIT.—Each direct-support organization shall 3051 provide for an annual financial audit in accordance with rules 3052 adopted by the Auditor General pursuant to s. 11.45(8). The 3053 annual audit report must be submitted, within 9 months after the 3054 end of the fiscal year, to the Auditor General, the State Board 3055 of CollegesEducation, and the board of trustees for review. The 3056 board of trustees, the Auditor General, and the Office of 3057 Program Policy Analysis and Government Accountability may 3058 require and receive from the organization or from its 3059 independent auditor any detail or supplemental data relative to 3060 the operation of the organization. The identity of donors who 3061 desire to remain anonymous shall be protected, and that 3062 anonymity shall be maintained in the auditor’s report. All 3063 records of the organization, other than the auditor’s report, 3064 any information necessary for the auditor’s report, any 3065 information related to the expenditure of funds, and any 3066 supplemental data requested by the board of trustees, the 3067 Auditor General, and the Office of Program Policy Analysis and 3068 Government Accountability, shall be confidential and exempt from 3069 the provisions of s. 119.07(1). 3070 Section 43. Subsections (1), (2), (4), and (5) of section 3071 1004.71, Florida Statutes, are amended to read: 3072 1004.71 Statewide Florida College System institution 3073 direct-support organizations.— 3074 (1) DEFINITIONS.—For the purposes of this section: 3075 (a) “Statewide Florida College System institution direct 3076 support organization” means an organization that is: 3077 1. A Florida corporation not for profit, incorporated under 3078 the provisions of chapter 617 and approved by the Department of 3079 State. 3080 2. Organized and operated exclusively to receive, hold, 3081 invest, and administer property and to make expenditures to, or 3082 for the benefit of, the Florida College System institutions in 3083 this state. 3084 3. An organization that the State Board of Colleges 3085Education, after review, has certified to be operating in a 3086 manner consistent with the goals of the Florida College System 3087 institutions and in the best interest of the state. 3088 (b) “Personal services” includes full-time or part-time 3089 personnel as well as payroll processing. 3090 (2) BOARD OF DIRECTORS.—The chair of the State Board of 3091 CollegesEducationmay appoint a representative to the board of 3092 directors and the executive committee of any statewide, direct 3093 support organization established under this section or s. 3094 1004.70. The chair of the State Board of CollegesEducation, or 3095 the chair’s designee, shall also serve on the board of directors 3096 and the executive committee of any direct-support organization 3097 established to benefit Florida College System institutions. 3098 (4) RESTRICTIONS.— 3099 (a) A statewide, direct-support organization may not use 3100 public funds to acquire, construct, maintain, or operate any 3101 facilities. 3102 (b) Any transaction or agreement between a statewide, 3103 direct-support organization and any other direct-support 3104 organization must be approved by the State Board of Colleges 3105Education. 3106 (c) A statewide Florida College System institution direct 3107 support organization is prohibited from giving, either directly 3108 or indirectly, any gift to a political committee as defined in 3109 s. 106.011 for any purpose other than those certified by a 3110 majority roll call vote of the governing board of the direct 3111 support organization at a regularly scheduled meeting as being 3112 directly related to the educational mission of the State Board 3113 of CollegesEducation. 3114 (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support 3115 organization shall submit to the State Board of Colleges 3116Educationits federal Internal Revenue Service Application for 3117 Recognition of Exemption form (Form 1023) and its federal 3118 Internal Revenue Service Return of Organization Exempt from 3119 Income Tax form (Form 990). 3120 Section 44. Subsection (4) of section 1004.74, Florida 3121 Statutes, is amended to read: 3122 1004.74 Florida School of the Arts.— 3123 (4) The Council for the Florida School of the Arts shall be 3124 established to advise the Florida College System institution 3125 district board of trustees on matters pertaining to the 3126 operation of the school. The council shall consist of nine 3127 members, appointed jointly by the Chancellor of the Florida 3128 College System and the Commissioner of Education for 4-year 3129 terms. A member may serve three terms and may serve until 3130 replaced. 3131 Section 45. Subsection (10) of section 1004.78, Florida 3132 Statutes, is amended to read: 3133 1004.78 Technology transfer centers at Florida College 3134 System institutions.— 3135 (10) The State Board of CollegesEducationmay award grants 3136 to Florida College System institutions, or consortia of public 3137 and private colleges and universities and other public and 3138 private entities, for the purpose of supporting the objectives 3139 of this section. Grants awarded pursuant to this subsection 3140 shall be in accordance with rules of the State Board of Colleges 3141Education. Such rules shall include the following provisions: 3142 (a) The number of centers established with state funds 3143 provided expressly for the purpose of technology transfer shall 3144 be limited, but shall be geographically located to maximize 3145 public access to center resources and services. 3146 (b) Grants to centers funded with state revenues 3147 appropriated specifically for technology transfer activities 3148 shall be reviewed and approved by the State Board of Colleges 3149Educationusing proposal solicitation, evaluation, and selection 3150 procedures established by the state board in consultation with 3151 Enterprise Florida, Inc. Such procedures may include designation 3152 of specific areas or applications of technology as priorities 3153 for the receipt of funding. 3154 (c) Priority for the receipt of state funds appropriated 3155 specifically for the purpose of technology transfer shall be 3156 given to grant proposals developed jointly by Florida College 3157 System institutions and public and private colleges and 3158 universities. 3159 Section 46. Subsection (4) of section 1004.80, Florida 3160 Statutes, is amended to read: 3161 1004.80 Economic development centers.— 3162 (4) The State Board of CollegesEducationmay award grants 3163 to economic development centers for the purposes of this 3164 section. Grants awarded pursuant to this subsection shall be in 3165 accordance with rules established by the State Board of Colleges 3166Education. 3167 Section 47. Section 1004.91, Florida Statutes, is amended 3168 to read: 3169 1004.91 Requirements for career education program basic 3170 skills.— 3171 (1) The State Board of Education, for career centers 3172 operated by district school boards, and the State Board of 3173 Colleges, for charter technical career centers operated by 3174 Florida College System institutions, shall collaborate to adopt, 3175 by rule, standards of basic skill mastery for completion of 3176 certificate career education programs. Each school district and 3177 Florida College System institution that conducts programs that 3178 confer career and technical certificates shall provide applied 3179 academics instruction through which students receive the basic 3180 skills instruction required pursuant to this section. 3181 (2) Students who enroll in a program offered for career 3182 credit of 450 hours or more shall complete an entry-level 3183 examination within the first 6 weeks after admission into the 3184 program. The State Board of Education and the State Board of 3185 Colleges shall collaborate to designate examinations that are 3186 currently in existence, the results of which are comparable 3187 across institutions, to assess student mastery of basic skills. 3188 Any student found to lack the required level of basic skills for 3189 such program shall be referred to applied academics instruction 3190 or another adult general education program for a structured 3191 program of basic skills instruction. Such instruction may 3192 include English for speakers of other languages. A student may 3193 not receive a career or technical certificate of completion 3194 without first demonstrating the basic skills required in the 3195 state curriculum frameworks for the career education program. 3196 (3)(a) An adult student with a disability may be exempted 3197 from this section. 3198 (b) The following students are exempt from this section: 3199 1. A student who possesses a college degree at the 3200 associate in applied science level or higher. 3201 2. A student who demonstrates readiness for public 3202 postsecondary education pursuant to s. 1008.30 and applicable 3203 rules adopted by the State Board of Education and State Board of 3204 Colleges. 3205 3. A student who passes a state or national industry 3206 certification or licensure examination that is identified in 3207 State Board of Education or State Board of Colleges rules and 3208 aligned to the career education program in which the student is 3209 enrolled. 3210 4. An adult student who is enrolled in an apprenticeship 3211 program that is registered with the Department of Education in 3212 accordance with chapter 446. 3213 Section 48. Paragraph (b) of subsection (2) of section 3214 1004.92, Florida Statutes, is amended, and subsection (4) is 3215 added to that section, to read: 3216 1004.92 Purpose and responsibilities for career education.— 3217 (2) 3218 (b) The Department of Education, for school districts, and 3219 the State Board of Colleges, for Florida College System 3220 institutions, have the following responsibilities related to 3221 accountability for career educationincludes, but is not limited3222to: 3223 1. The provision of timely, accurate technical assistance 3224 to school districts and Florida College System institutions. 3225 2. The provision of timely, accurate information to the 3226 State Board of Education, the Legislature, and the public. 3227 3. The development of policies, rules, and procedures that 3228 facilitate institutional attainment of the accountability 3229 standards and coordinate the efforts of all divisions within the 3230 department. 3231 4. The development of program standards and industry-driven 3232 benchmarks for career, adult, and community education programs, 3233 which must be updated every 3 years. The standards must include 3234 career, academic, and workplace skills; viability of distance 3235 learning for instruction;andwork/learn cycles that are 3236 responsive to business and industry; and provisions that reflect 3237 the quality components of career and technical education 3238 programs. The Department of Education and the State Board of 3239 Colleges shall collaborate to develop a common set of standards 3240 and benchmarks as specified under this subparagraph for the 3241 programs that are offered by both the school districts and 3242 Florida College System institutions. 3243 5. Overseeing school district and Florida College System 3244 institution compliance withthe provisions ofthis chapter. 3245 6. Ensuring that the educational outcomes for the technical 3246 component of career programs are uniform and designed to provide 3247 a graduate who is capable of entering the workforce on an 3248 equally competitive basis regardless of the institution of 3249 choice. 3250 (4) The State Board of Education, for career education 3251 provided by school districts, and the State Board of Colleges, 3252 for career education provided by Florida College System 3253 institutions, shall collaborate to adopt rules to administer 3254 this section. 3255 Section 49. Subsection (1) of section 1004.925, Florida 3256 Statutes, is amended to read: 3257 1004.925 Automotive service technology education programs; 3258 certification.— 3259 (1) All automotive service technology education programs 3260 shall be industry certified in accordance with rules adopted by 3261 the State Board of Education and the State Board of Colleges. 3262 Section 50. Paragraphs (c) and (d) of subsection (4) and 3263 subsections (6) and (9) of section 1004.93, Florida Statutes, 3264 are amended to read: 3265 1004.93 Adult general education.— 3266 (4) 3267 (c) The State Board of CollegesEducationshall define, by 3268 rule, the levels and courses of instruction to be funded through 3269 the developmental education program. The State Board of Colleges 3270 shall coordinate the establishment of costs for developmental 3271 education courses, the establishment of statewide standards that 3272 define required levels of competence, acceptable rates of 3273 student progress, and the maximum amount of time to be allowed 3274 for completion of developmental education. Developmental 3275 education is part of an associate in arts degree program and may 3276 not be funded as an adult career education program. 3277 (d) Expenditures for developmental education and lifelong 3278 learning students shall be reported separately. Allocations for 3279 developmental education shall be based on proportional full-time 3280 equivalent enrollment. Program review results shall be included 3281 in the determination of subsequent allocations. A student shall 3282 be funded to enroll in the same developmental education class 3283 within a skill area only twice, after which time the student 3284 shall pay 100 percent of the full cost of instruction to support 3285 the continuous enrollment of that student in the same class; 3286 however, students who withdraw or fail a class due to 3287 extenuating circumstances may be granted an exception only once 3288 for each class, provided approval is granted according to policy 3289 established by the board of trustees. Each Florida College 3290 System institution shall have the authority to review and reduce 3291 payment for increased fees due to continued enrollment in a 3292 developmental education class on an individual basis contingent 3293 upon the student’s financial hardship, pursuant to definitions 3294 and fee levels established by the State Board of Colleges 3295Education. Developmental education and lifelong learning courses 3296 do not generate credit toward an associate or baccalaureate 3297 degree. 3298 (6) The commissioner, for school districts, and the 3299 Chancellor of the Florida College System, for Florida College 3300 System institutions, shall recommend the level of funding for 3301 public school and Florida College System institution adult 3302 education within the legislative budget request and make other 3303 recommendations and reports considered necessary or required by 3304 rules of the State Board of Education. 3305 (9) The State Board of Education and the State Board of 3306 Colleges may adopt rules necessary for the implementation of 3307 this section. 3308 Section 51. Subsection (3) of section 1006.60, Florida 3309 Statutes, is amended to read: 3310 1006.60 Codes of conduct; disciplinary measures; authority 3311 to adopt rules or regulations.— 3312 (3) Sanctions authorized by such codes of conduct may be 3313 imposed only for acts or omissions in violation of rules or 3314 regulations adopted by the institution, including rules or 3315 regulations adopted under this section, rules of the State Board 3316 of Colleges regarding the Florida College SystemEducation, 3317 rules or regulations of the Board of Governors regarding the 3318 State University System, county and municipal ordinances, and 3319 the laws of this state, the United States, or any other state. 3320 Section 52. Subsection (1) of section 1006.61, Florida 3321 Statutes, is amended to read: 3322 1006.61 Participation by students in disruptive activities 3323 at public postsecondary educational institution; penalties.— 3324 (1) Any person who accepts the privilege extended by the 3325 laws of this state of attendance at any public postsecondary 3326 educational institution shall, by attending such institution, be 3327 deemed to have given his or her consent to the policies of that 3328 institution, the State Board of Colleges regarding the Florida 3329 College SystemEducation, and the Board of Governors regarding 3330 the State University System, and the laws of this state. Such 3331 policies shall include prohibition against disruptive activities 3332 at public postsecondary educational institutions. 3333 Section 53. Section 1006.62, Florida Statutes, is amended 3334 to read: 3335 1006.62 Expulsion and discipline of students of Florida 3336 College System institutions and state universities.— 3337 (1) Each student in a Florida College System institution or 3338 state university is subject to federal and state law, respective 3339 county and municipal ordinances, and all rules and regulations 3340 of the State Board of Colleges regarding the Florida College 3341 SystemEducation, the Board of Governors regarding the State 3342 University System, or the board of trustees of the institution. 3343 (2) Violation of these published laws, ordinances, or rules 3344 and regulations may subject the violator to appropriate action 3345 by the institution’s authorities. 3346 (3) Each president of a Florida College System institution 3347 or state university may, after notice to the student of the 3348 charges and after a hearing thereon, expel, suspend, or 3349 otherwise discipline any student who is found to have violated 3350 any law, ordinance, or rule or regulation of the State Board of 3351 Colleges regarding the Florida College SystemEducation, the 3352 Board of Governors regarding the State University System, or the 3353 board of trustees of the institution. A student may be entitled 3354 to waiver of expulsion: 3355 (a) If the student provides substantial assistance in the 3356 identification, arrest, or conviction of any of his or her 3357 accomplices, accessories, coconspirators, or principals or of 3358 any other person engaged in violations of chapter 893 within a 3359 state university or Florida College System institution; 3360 (b) If the student voluntarily discloses his or her 3361 violations of chapter 893 prior to his or her arrest; or 3362 (c) If the student commits himself or herself, or is 3363 referred by the court in lieu of sentence, to a state-licensed 3364 drug abuse program and successfully completes the program. 3365 Section 54. Paragraphs (c) and (g) of subsection (1), 3366 paragraph (b) of subsection (2), and subsection (3) of section 3367 1006.71, Florida Statutes, are amended to read: 3368 1006.71 Gender equity in intercollegiate athletics.— 3369 (1) GENDER EQUITY PLAN.— 3370 (c) The Chancellor of the Florida College System 3371Commissioner of Educationshall annually assess the progress of 3372 each Florida College System institution’s plan and advise the 3373 State Board of CollegesEducationand the Legislature regarding 3374 compliance. 3375 (g)1. If a Florida College System institution is not in 3376 compliance with Title IX of the Education Amendments of 1972 and 3377 the Florida Educational Equity Act, the State Board of Colleges 3378Educationshall: 3379 a. Declare the Florida College System institution 3380 ineligible for competitive state grants. 3381 b. Withhold funds sufficient to obtain compliance. 3382 3383 The Florida College System institution shall remain ineligible 3384 and the funds mayshallnot be paid until the Florida College 3385 System institution comes into compliance or the Chancellor of 3386 the Florida College SystemCommissioner of Educationapproves a 3387 plan for compliance. 3388 2. If a state university is not in compliance with Title IX 3389 of the Education Amendments of 1972 and the Florida Educational 3390 Equity Act, the Board of Governors shall: 3391 a. Declare the state university ineligible for competitive 3392 state grants. 3393 b. Withhold funds sufficient to obtain compliance. 3394 3395 The state university shall remain ineligible and the funds may 3396shallnot be paid until the state university comes into 3397 compliance or the Board of Governors approves a plan for 3398 compliance. 3399 (2) FUNDING.— 3400 (b) The level of funding and percentage share of support 3401 for women’s intercollegiate athletics for Florida College System 3402 institutions shall be determined by the State Board of Colleges 3403Education. The level of funding and percentage share of support 3404 for women’s intercollegiate athletics for state universities 3405 shall be determined by the Board of Governors. The level of 3406 funding and percentage share attained in the 1980-1981 fiscal 3407 year shall be the minimum level and percentage maintained by 3408 each institution, except as the State Board of Colleges 3409Educationor the Board of Governors otherwise directs its 3410 respective institutions for the purpose of assuring equity. 3411 Consideration shall be given by the State Board of Colleges 3412Educationor the Board of Governors to emerging athletic 3413 programs at institutions which may not have the resources to 3414 secure external funds to provide athletic opportunities for 3415 women. It is the intent that the effect of any redistribution of 3416 funds among institutions mayshallnot negate the requirements 3417 as set forth in this section. 3418 (3) STATE BOARD OF COLLEGESEDUCATION.—The State Board of 3419 CollegesEducationshall assure equal opportunity for female 3420 athletes at Florida College System institutions and establish: 3421 (a) In conjunction with the State Board of Education, 3422 guidelines for reporting of intercollegiate athletics data 3423 concerning financial, program, and facilities information for 3424 review by the State Board of CollegesEducationannually. 3425 (b) Systematic audits for the evaluation of such data. 3426 (c) Criteria for determining and assuring equity. 3427 Section 55. Section 1007.01, Florida Statutes, is amended 3428 to read: 3429 1007.01 Articulation; legislative intent; purpose; role of 3430 the State Board of Education, the State Board of Colleges, and 3431 the Board of Governors; Articulation Coordinating Committee.— 3432 (1) It is the intent of the Legislature to facilitate 3433 articulation and seamless integration of the K-20 education 3434 system by building, sustaining, and strengthening relationships 3435 among K-20 public organizations, between public and private 3436 organizations, and between the education system as a whole and 3437 Florida’s communities. The purpose of building, sustaining, and 3438 strengthening these relationships is to provide for the 3439 efficient and effective progression and transfer of students 3440 within the education system and to allow students to proceed 3441 toward their educational objectives as rapidly as their 3442 circumstances permit. The Legislature further intends that 3443 articulation policies and budget actions be implemented 3444 consistently in the practices of the Department of Education and 3445 postsecondary educational institutions and expressed in the 3446 collaborative policy efforts of the State Board of Education, 3447andthe Board of Governors, and the State Board of Colleges. 3448 (2) To preserve Florida’s “2+2” system of articulation and 3449 improve and facilitate articulation systemwide, the State Board 3450 of Education,andthe Board of Governors, and the State Board of 3451 Colleges shall collaboratively establish and adopt policies with 3452 input from statewide K-20 advisory groups established by the 3453 Commissioner of Education, the Chancellor of the Florida College 3454 System, and the Chancellor of the State University System and 3455 shall recommend the policies to the Legislature. The policies 3456 shall relate to: 3457 (a) The alignment between the exit requirements of one 3458 education system and the admissions requirements of another 3459 education system into which students typically transfer. 3460 (b) The identification of common courses, the level of 3461 courses, institutional participation in a statewide course 3462 numbering system, and the transferability of credits among such 3463 institutions. 3464 (c) Identification of courses that meet general education 3465 or common degree program prerequisite requirements at public 3466 postsecondary educational institutions. 3467 (d) Dual enrollment course equivalencies. 3468 (e) Articulation agreements. 3469 (3) The Commissioner of Education, in consultation with the 3470 Chancellor of the Florida College System and the Chancellor of 3471 the State University System, shall establish the Articulation 3472 Coordinating Committee, which shall make recommendations related 3473 to statewide articulation policies and issues regarding access, 3474 quality, and reporting of data maintained by the K-20 data 3475 warehouse, established pursuant to ss. 1001.10 and 1008.31, to 3476 the Higher Education Coordination Council, the State Board of 3477 Education,andthe Board of Governors, and the State Board of 3478 Colleges. The committee shall consist of two members each 3479 representing the State University System, the Florida College 3480 System, public career and technical education, K-12 education, 3481 and nonpublic postsecondary education and one member 3482 representing students. The chair shall be elected from the 3483 membership. The Office of K-20 Articulation shall provide 3484 administrative support for the committee. The committee shall: 3485 (a) Monitor the alignment between the exit requirements of 3486 one education system and the admissions requirements of another 3487 education system into which students typically transfer and make 3488 recommendations for improvement. 3489 (b) Propose guidelines for interinstitutional agreements 3490 between and among public schools, career and technical education 3491 centers, Florida College System institutions, state 3492 universities, and nonpublic postsecondary institutions. 3493 (c) Annually recommend dual enrollment course and high 3494 school subject area equivalencies for approval by the State 3495 Board of Education,andthe Board of Governors, and the State 3496 Board of Colleges. 3497 (d) Annually review the statewide articulation agreement 3498 pursuant to s. 1007.23 and make recommendations for revisions. 3499 (e) Annually review the statewide course numbering system, 3500 the levels of courses, and the application of transfer credit 3501 requirements among public and nonpublic institutions 3502 participating in the statewide course numbering system and 3503 identify instances of student transfer and admissions 3504 difficulties. 3505 (f) Annually publish a list of courses that meet common 3506 general education and common degree program prerequisite 3507 requirements at public postsecondary institutions identified 3508 pursuant to s. 1007.25. 3509 (g) Foster timely collection and reporting of statewide 3510 education data to improve the K-20 education performance 3511 accountability system pursuant to ss. 1001.10 and 1008.31, 3512 including, but not limited to, data quality, accessibility, and 3513 protection of student records. 3514 (h) Recommend roles and responsibilities of public 3515 education entities in interfacing with the single, statewide 3516 computer-assisted student advising system established pursuant 3517 to s. 1006.735. 3518 (i) Make recommendations regarding the cost and 3519 requirements to develop and implement an online system for 3520 collecting and analyzing data regarding requests for transfer of 3521 credit by postsecondary education students. The online system, 3522 at a minimum, must collect information regarding the total 3523 number of credit transfer requests denied and the reason for 3524 each denial. Recommendations shall be reported to the President 3525 of the Senate and the Speaker of the House of Representatives on 3526 or before January 31, 2015. 3527 Section 56. Subsections (1) and (6) of section 1007.23, 3528 Florida Statutes, are amended, and subsection (7) is added to 3529 that section, to read: 3530 1007.23 Statewide articulation agreement.— 3531 (1) The State Board of Education,andthe Board of 3532 Governors, and the State Board of Colleges shall enter into a 3533 statewide articulation agreement which the State Board of 3534 Education and the State Board of Colleges shall adopt by rule. 3535 The agreement must preserve Florida’s “2+2” system of 3536 articulation, facilitate the seamless articulation of student 3537 credit across and among Florida’s educational entities, and 3538 reinforce the provisions of this chapter by governing: 3539 (a) Articulation between secondary and postsecondary 3540 education; 3541 (b) Admission of associate in arts degree graduates from 3542 Florida College System institutions and state universities; 3543 (c) Admission of applied technology diploma program 3544 graduates from Florida College System institutions or career 3545 centers; 3546 (d) Admission of associate in science degree and associate 3547 in applied science degree graduates from Florida College System 3548 institutions; 3549 (e) The use of acceleration mechanisms, including 3550 nationally standardized examinations through which students may 3551 earn credit; 3552 (f) General education requirements and statewide course 3553 numbers as provided for in ss. 1007.24 and 1007.25; and 3554 (g) Articulation among programs in nursing. 3555 (6) The articulation agreement must guarantee the 3556 articulation of 9 credit hours toward a postsecondary degree in 3557 early childhood education for programs approved by the State 3558 Board of CollegesEducationand the Board of Governors which: 3559 (a) Award a child development associate credential issued 3560 by the National Credentialing Program of the Council for 3561 Professional Recognition or award a credential approved under s. 3562 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the 3563 child development associate credential; and 3564 (b) Include training in emergent literacy which meets or 3565 exceeds the minimum standards for training courses for 3566 prekindergarten instructors of the Voluntary Prekindergarten 3567 Education Program in s. 1002.59. 3568 (7) To strengthen Florida’s “2+2” system of articulation 3569 and improve student retention and on-time graduation, by the 3570 2018-2019 academic year, each Florida College System institution 3571 shall execute at least one “2+2” targeted pathway articulation 3572 agreement with one or more state universities and each state 3573 university shall execute at least one such agreement with one or 3574 more Florida College System institutions to establish “2+2” 3575 targeted pathway programs. The agreement must provide students 3576 who graduate with an associate in arts degree and who meet 3577 specified requirements guaranteed access to the state university 3578 and a degree program at that university, in accordance with the 3579 terms of the “2+2” targeted pathway articulation agreement. 3580 (a) To participate in a “2+2” targeted pathway program, a 3581 student must: 3582 1. Enroll in the program before completing 30 credit hours, 3583 including, but not limited to, college credits earned through 3584 articulated acceleration mechanisms pursuant to s. 1007.27; 3585 2. Complete an associate in arts degree; and 3586 3. Meet the university’s transfer requirements. 3587 (b) A state university that executes a “2+2” targeted 3588 pathway articulation agreement must meet the following 3589 requirements in order to implement a “2+2” targeted pathway 3590 program in collaboration with its partner Florida College System 3591 institution: 3592 1. Establish a 4-year on-time graduation plan for a 3593 baccalaureate degree program, including, but not limited to, a 3594 plan for students to complete associate in arts degree programs, 3595 general education courses, common prerequisite courses, and 3596 elective courses; 3597 2. Advise students enrolled in the program about the 3598 university’s transfer and degree program requirements; and 3599 3. Provide students who meet the requirements under this 3600 paragraph with access to academic advisors and campus events and 3601 with guaranteed admittance to the state university and a degree 3602 program of the state university, in accordance with the terms of 3603 the agreement. 3604 (c) To assist the state universities and Florida College 3605 System institutions with implementing the “2+2” targeted pathway 3606 programs effectively, the State Board of Colleges and the Board 3607 of Governors shall collaborate to eliminate barriers in 3608 executing “2+2” targeted pathway articulation agreements. 3609 Section 57. Subsections (1), (2), and (3) of section 3610 1007.24, Florida Statutes, are amended to read: 3611 1007.24 Statewide course numbering system.— 3612 (1) The Department of Education, in conjunction with the 3613 Board of Governors and the State Board of Colleges, shall 3614 develop, coordinate, and maintain a statewide course numbering 3615 system for postsecondary and dual enrollment education in school 3616 districts, public postsecondary educational institutions, and 3617 participating nonpublic postsecondary educational institutions 3618 that will improve program planning, increase communication among 3619 all delivery systems, and facilitate student acceleration and 3620 the transfer of students and credits between public school 3621 districts, public postsecondary educational institutions, and 3622 participating nonpublic educational institutions. The continuing 3623 maintenance of the system shall be accomplished with the 3624 assistance of appropriate faculty committees representing public 3625 and participating nonpublic educational institutions. 3626 (2) The Commissioner of Education, in conjunction with the 3627 Chancellor of the Florida College System and the Chancellor of 3628 the State University System, shall appoint faculty committees 3629 representing faculties of participating institutions to 3630 recommend a single level for each course, including 3631 postsecondary career education courses, included in the 3632 statewide course numbering system. 3633 (a) Any course designated as an upper-division-level course 3634 must be characterized by a need for advanced academic 3635 preparation and skills that a student would be unlikely to 3636 achieve without significant prior coursework. 3637 (b) A course that is offered as part of an associate in 3638 science degree program and as an upper-division course for a 3639 baccalaureate degree shall be designated for both the lower and 3640 upper division. 3641 (c) A course designated as lower-division may be offered by 3642 any Florida College System institution. 3643 (3) The Commissioner of Education shall recommend to the 3644 State Board of Education the levels for the courses. The State 3645 Board of Education, with input from the Board of Governors and 3646 the State Board of Colleges, shall approve the levels for the 3647 courses. 3648 Section 58. Subsections (3), (6), and (9) through (12) of 3649 section 1007.25, Florida Statutes, are amended to read: 3650 1007.25 General education courses; common prerequisites; 3651 other degree requirements.— 3652 (3) The chair of the State Board of CollegesEducationand 3653 the chair of the Board of Governors, or their designees, shall 3654 jointly appoint faculty committees to identify statewide general 3655 education core course options. General education core course 3656 options shall consist of a maximum of five courses within each 3657 of the subject areas of communication, mathematics, social 3658 sciences, humanities, and natural sciences. The core courses may 3659 be revised, or the five-course maximum within each subject area 3660 may be exceeded, if approved by the State Board of Colleges 3661Educationand the Board of Governors, as recommended by the 3662 subject area faculty committee and approved by the Articulation 3663 Coordinating Committee as necessary for a subject area. Each 3664 general education core course option must contain high-level 3665 academic and critical thinking skills and common competencies 3666 that students must demonstrate to successfully complete the 3667 course. Beginning with students initially entering a Florida 3668 College System institution or state university in 2015-2016 and 3669 thereafter, each student must complete at least one identified 3670 core course in each subject area as part of the general 3671 education course requirements. All public postsecondary 3672 educational institutions shall accept these courses as meeting 3673 general education core course requirements. The remaining 3674 general education course requirements shall be identified by 3675 each institution and reported to the department by their 3676 statewide course number. The general education core course 3677 options shall be adopted in rule by the State Board of Colleges 3678Educationand in regulation by the Board of Governors. 3679 (6) The department shall identify common prerequisite 3680 courses and course substitutions for degree programs across all 3681 institutions. Common degree program prerequisites shall be 3682 offered and accepted by all state universities and Florida 3683 College System institutions, except in cases approved by the 3684 State Board of Colleges,Educationfor Florida College System 3685 institutions, and the Board of Governors, for state 3686 universities. The department shall develop a centralized 3687 database containing the list of courses and course substitutions 3688 that meet the prerequisite requirements for each baccalaureate 3689 degree program. 3690 (9) A baccalaureate degree program shall require no more 3691 than 120 semester hours of college credit and include 36 3692 semester hours of general education coursework, unless prior 3693 approval has been granted by the Board of Governors for 3694 baccalaureate degree programs offered by state universities and 3695 by the State Board of CollegesEducationfor baccalaureate 3696 degree programs offered by Florida College System institutions. 3697 (10) A student who received an associate in arts degree for 3698 successfully completing 60 semester credit hours may continue to 3699 earnadditionalcredits at a Florida College System institution. 3700 The university must provide credit toward the student’s 3701 baccalaureate degree for aan additionalFlorida College System 3702 institution course if, according to the statewide course 3703 numbering, the Florida College System institution course is a 3704 course listed in the university catalog as required for the 3705 degree or as prerequisite to a course required for the degree. 3706 Of the courses required for the degree, at least half of the 3707 credit hours required for the degree shall be achievable through 3708 courses designated as lower division, except in degree programs 3709 approved by the State Board of CollegesEducationfor programs 3710 offered by Florida College System institutions and by the Board 3711 of Governors for programs offered by state universities. 3712 (11) Students at state universities may request associate 3713 in arts certificates if they have successfully completed the 3714 minimum requirements for the degree of associate in arts (A.A.). 3715 The university must grant the student an associate in arts 3716 degree if the student has successfully completed minimum 3717 requirements for college-level communication and computation 3718 skills adopted by the State Board of CollegesEducationand 60 3719 academic semester hours or the equivalent within a degree 3720 program area, including 36 semester hours in general education 3721 courses in the subject areas of communication, mathematics, 3722 social sciences, humanities, and natural sciences, consistent 3723 with the general education requirements specified in the 3724 articulation agreement pursuant to s. 1007.23. 3725 (12) The Commissioner of Education and the Chancellor of 3726 the Florida College System shall jointly appoint faculty 3727 committees representing both Florida College System institution 3728 and public school faculties to recommend to the commissioner, or 3729 the Chancellor of the Florida College System, as applicable, for 3730 approval by the State Board of Education and the State Board of 3731 Colleges, as applicable, a standard program length and 3732 appropriate occupational completion points for each 3733 postsecondary career certificate program, diploma, and degree 3734 offered by a school district or a Florida College System 3735 institution. 3736 Section 59. Section 1007.262, Florida Statutes, is amended 3737 to read: 3738 1007.262 Foreign language competence; equivalence 3739 determinations.—The Department of Education shall identify the 3740 competencies demonstrated by students upon the successful 3741 completion of 2 credits of sequential high school foreign 3742 language instruction. For the purpose of determining 3743 postsecondary equivalence, the State Board of Colleges 3744departmentshall develop rules through which Florida College 3745 System institutions correlate such competencies to the 3746 competencies required of students in the colleges’ respective 3747 courses. Based on this correlation, each Florida College System 3748 institution shall identify the minimum number of postsecondary 3749 credits that students must earn in order to demonstrate a level 3750 of competence in a foreign language at least equivalent to that 3751 of students who have completed 2 credits of such instruction in 3752 high school. The department may also specify alternative means 3753 by which students can demonstrate equivalent foreign language 3754 competence, including means by which a student whose native 3755 language is not English may demonstrate proficiency in the 3756 native language. A student who demonstrates proficiency in a 3757 native language other than English is exempt from a requirement 3758 of completing foreign language courses at the secondary or 3759 Florida College System level. 3760 Section 60. Section 1007.263, Florida Statutes, is amended 3761 to read: 3762 1007.263 Florida College System institutions; admissions of 3763 students.—Each Florida College System institution board of 3764 trustees is authorized to adopt rules governing admissions of 3765 students subject to this section and rules of the State Board of 3766 CollegesEducation. These rules shall include the following: 3767 (1) Admissions counseling shall be provided to all students 3768 entering college or career credit programs. For students who are 3769 not otherwise exempt from testing under s. 1008.30, counseling 3770 must use tests to measure achievement of college-level 3771 communication and computation competencies by students entering 3772 college credit programs or tests to measure achievement of basic 3773 skills for career education programs as prescribed in s. 3774 1004.91. Counseling includes providing developmental education 3775 options for students whose assessment results, determined under 3776 s. 1008.30, indicate that they need to improve communication or 3777 computation skills that are essential to perform college-level 3778 work. 3779 (2) Admission to associate degree programs is subject to 3780 minimum standards adopted by the State Board of Colleges 3781Educationand shall require: 3782 (a) A standard high school diploma, a high school 3783 equivalency diploma as prescribed in s. 1003.435, previously 3784 demonstrated competency in college credit postsecondary 3785 coursework, or, in the case of a student who is home educated, a 3786 signed affidavit submitted by the student’s parent or legal 3787 guardian attesting that the student has completed a home 3788 education program pursuant to the requirements of s. 1002.41. 3789 Students who are enrolled in a dual enrollment or early 3790 admission program pursuant to s. 1007.271 are exempt from this 3791 requirement. 3792 (b) A demonstrated level of achievement of college-level 3793 communication and computation skills. 3794 (c) Any other requirements established by the board of 3795 trustees. 3796 (3) Admission to other programs within the Florida College 3797 System institution shall include education requirements as 3798 established by the board of trustees. 3799 (4) A student who has been awarded a certificate of 3800 completion under s. 1003.4282 is eligible to enroll in 3801 certificate career education programs. 3802 (5) A student with a documented disability may be eligible 3803 for reasonable substitutions, as prescribed in ss. 1007.264 and 3804 1007.265. 3805 3806 Each board of trustees shall establish policies that notify 3807 students about developmental education options for improving 3808 their communication or computation skills that are essential to 3809 performing college-level work, including tutoring, extended time 3810 in gateway courses, free online courses, adult basic education, 3811 adult secondary education, or private provider instruction. 3812 Section 61. Subsection (2) of section 1007.264, Florida 3813 Statutes, is amended to read: 3814 1007.264 Persons with disabilities; admission to 3815 postsecondary educational institutions; substitute requirements; 3816 rules and regulations.— 3817 (2) The State Board of CollegesEducation, in consultation 3818 with the Board of Governors, shall adopt rules to implement this 3819 section for Florida College System institutions and shall 3820 develop substitute admission requirements where appropriate. 3821 Section 62. Subsections (2) and (3) of section 1007.265, 3822 Florida Statutes, are amended to read: 3823 1007.265 Persons with disabilities; graduation, study 3824 program admission, and upper-division entry; substitute 3825 requirements; rules and regulations.— 3826 (2) The State Board of CollegesEducation, in consultation 3827 with the Board of Governors, shall adopt rules to implement this 3828 section for Florida College System institutions and shall 3829 develop substitute requirements where appropriate. 3830 (3) The Board of Governors, in consultation with the State 3831 Board of CollegesEducation, shall adopt regulations to 3832 implement this section for state universities and shall develop 3833 substitute requirements where appropriate. 3834 Section 63. Effective July 1, 2018, subsections (2), (6), 3835 (7), and (8) of section 1007.27, Florida Statutes, are amended 3836 to read: 3837 1007.27 Articulated acceleration mechanisms.— 3838 (2)(a) The Department of Education shall annually identify 3839 and publish the minimum scores, maximum credit, and course or 3840 courses for which credit is to be awarded for each College Level 3841 Examination Program (CLEP) subject examination, College Board 3842 Advanced Placement Program examination, Advanced International 3843 Certificate of Education examination, International 3844 Baccalaureate examination, Excelsior College subject 3845 examination, Defense Activity for Non-Traditional Education 3846 Support (DANTES) subject standardized test, and Defense Language 3847 Proficiency Test (DLPT). The department shall use student 3848 performance data in subsequent postsecondary courses to 3849 determine the appropriate examination scores and courses for 3850 which credit is to be granted. Minimum scores may vary by 3851 subject area based on available performance data. In addition, 3852 the department shall identify such courses in the general 3853 education core curriculum of each state university and Florida 3854 College System institution. 3855 (b) Each district school board shall notify students who 3856 enroll in articulated acceleration mechanism courses or take 3857 examinations pursuant to this section of the credit-by 3858 examination equivalency list adopted by rule by the State Board 3859 of Education and the dual enrollment course and high school 3860 subject area equivalencies approved by the state board pursuant 3861 to s. 1007.271(9). 3862 (6) Credit by examination shall be the program through 3863 which secondary and postsecondary students generate 3864 postsecondary credit based on the receipt of a specified minimum 3865 score on nationally standardized general or subject-area 3866 examinations. For the purpose of statewide application, such 3867 examinations and the corresponding minimum scores required for 3868 an award of credit shall be delineated by the State Board of 3869 Education,andthe Board of Governors, and the State Board of 3870 Colleges in the statewide articulation agreement required by s. 3871 1007.23(1). The maximum credit generated by a student pursuant 3872 to this subsection shall be mitigated by any related 3873 postsecondary credit earned by the student prior to the 3874 administration of the examination. This subsection shall not 3875 preclude Florida College System institutions and universities 3876 from awarding credit by examination based on student performance 3877 on examinations developed within and recognized by the 3878 individual postsecondary institutions. 3879 (7) The International Baccalaureate Program shall be the 3880 curriculum in which eligible secondary students are enrolled in 3881 a program of studies offered through the International 3882 Baccalaureate Program administered by the International 3883 Baccalaureate Office. The State Board of CollegesEducationand 3884 the Board of Governors shall specify in the statewide 3885 articulation agreement required by s. 1007.23(1) the cutoff 3886 scores and International Baccalaureate Examinations which will 3887 be used to grant postsecondary credit at Florida College System 3888 institutions and universities. Any changes to the articulation 3889 agreement,which have the effect of raising the required cutoff 3890 score or of changing the International Baccalaureate 3891 Examinations which will be used to grant postsecondary credit,3892 shall only apply to students taking International Baccalaureate 3893 Examinations after such changes are adopted by the State Board 3894 of CollegesEducationand the Board of Governors. Students shall 3895 be awarded a maximum of 30 semester credit hours pursuant to 3896 this subsection. The specific course for which a student may 3897 receive such credit shall be specified in the statewide 3898 articulation agreement required by s. 1007.23(1). Students 3899 enrolled pursuant to this subsection shall be exempt from the 3900 payment of any fees for administration of the examinations 3901 regardless of whether or not the student achieves a passing 3902 score on the examination. 3903 (8) The Advanced International Certificate of Education 3904 Program and the International General Certificate of Secondary 3905 Education (pre-AICE) Program shall be the curricula in which 3906 eligible secondary students are enrolled in programs of study 3907 offered through the Advanced International Certificate of 3908 Education Program or the International General Certificate of 3909 Secondary Education (pre-AICE) Program administered by the 3910 University of Cambridge Local Examinations Syndicate. The State 3911 Board of CollegesEducationand the Board of Governors shall 3912 specify in the statewide articulation agreement required by s. 3913 1007.23(1) the cutoff scores and Advanced International 3914 Certificate of Education examinations which will be used to 3915 grant postsecondary credit at Florida College System 3916 institutions and universities. Any changes to the cutoff scores, 3917 which changes have the effect of raising the required cutoff 3918 score or of changing the Advanced International Certification of 3919 Education examinations which will be used to grant postsecondary 3920 credit, shall apply to students taking Advanced International 3921 Certificate of Education examinations after such changes are 3922 adopted by the State Board of CollegesEducationand the Board 3923 of Governors. Students shall be awarded a maximum of 30 semester 3924 credit hours pursuant to this subsection. The specific course 3925 for which a student may receive such credit shall be determined 3926 by the Florida College System institution or university that 3927 accepts the student for admission. Students enrolled in either 3928 program of study pursuant to this subsection shall be exempt 3929 from the payment of any fees for administration of the 3930 examinations regardless of whether the student achieves a 3931 passing score on the examination. 3932 Section 64. Subsection (22) of section 1007.271, Florida 3933 Statutes, is amended to read: 3934 1007.271 Dual enrollment programs.— 3935 (22) The Department of Education shall develop an 3936 electronic submission system for dual enrollment articulation 3937 agreements and shall review, for compliance, each dual 3938 enrollment articulation agreement submitted pursuant to 3939 subsections (13), (21), and (24). The Commissioner of Education 3940 shall notify the district school superintendent and the Florida 3941 College System institution president if the dual enrollment 3942 articulation agreement does not comply with statutory 3943 requirements and shall submit any dual enrollment articulation 3944 agreement with unresolved issues of noncompliance to the State 3945 Board of Education. The State Board of Education shall 3946 collaborate with the State Board of Colleges to settle 3947 unresolved issues of noncompliance. 3948 Section 65. Subsection (6) of section 1007.273, Florida 3949 Statutes, is amended to read: 3950 1007.273 Collegiate high school program.— 3951 (6) The collegiate high school program shall be funded 3952 pursuant to ss. 1007.271 and 1011.62. The State Board of 3953 Education shall enforce compliance with this section by 3954 withholding the transfer of funds for the school districtsand3955the Florida College System institutionsin accordance with s. 3956 1008.32. Annually, by December 31, the State Board of Colleges 3957 shall enforce compliance with this section by withholding the 3958 transfer of funds for the Florida College System institutions in 3959 accordance with s. 1001.602. 3960 Section 66. Section 1007.33, Florida Statutes, is amended 3961 to read: 3962 1007.33 Site-determined baccalaureate degree access.— 3963 (1)(a) The Legislature recognizes that public and private 3964 postsecondary educational institutions play an essential role in 3965 improving the quality of life and economic well-being of the 3966 state and its residents. The Legislature also recognizes that 3967 economic development needs and the educational needs of place 3968 bound, nontraditional students have increased the demand for 3969 local access to baccalaureate degree programs. It is therefore 3970 the intent of the Legislature to further expand access to 3971 baccalaureate degree programs through the use of Florida College 3972 System institutions. 3973 (b) For purposes of this section, the term “district” 3974 refers to the county or counties served by a Florida College 3975 System institution pursuant to s. 1000.21(3). 3976 (2) Any Florida College System institution that offers one 3977 or more baccalaureate degree programs must: 3978 (a) Maintain as its primary mission: 3979 1. Responsibility for responding to community needs for 3980 postsecondary academic education and career degree education as 3981 prescribed in s. 1004.65(5). 3982 2. The provision of associate degrees that provide access 3983 to a university. 3984 (b) Maintain an open-door admission policy for associate 3985 level degree programs and workforce education programs. 3986 (c) Continue to provide outreach to underserved 3987 populations. 3988 (d) Continue to provide remedial education pursuant to s. 3989 1008.30. 3990 (e) Comply with all provisions of the statewide 3991 articulation agreement which relate to 2-year and 4-year public 3992 degree-granting institutions as adopted by the State Board of 3993 Education or the State Board of Colleges, as applicable, 3994 pursuant to s. 1007.23. 3995 (f) Not award graduate credit. 3996 (g) Not participate in intercollegiate athletics beyond the 3997 2-year level. 3998 (3) A Florida College System institution may not terminate 3999 its associate in arts or associate in science degree programs as 4000 a result of being authorized to offer one or more baccalaureate 4001 degree programs. The Legislature intends that the primary 4002 responsibility of a Florida College System institution, 4003 including a Florida College System institution that offers 4004 baccalaureate degree programs, continues to be the provision of 4005 associate degrees that provide access to a university. 4006 (4) A Florida College System institution may: 4007 (a) Offer specified baccalaureate degree programs through 4008 formal agreements between the Florida College System institution 4009 and other regionally accredited postsecondary educational 4010 institutions pursuant to s. 1007.22. 4011 (b) Offer baccalaureate degree programs that arewere4012 authorized by lawprior to July 1, 2009.4013(c) Beginning July 1, 2009, establish a first or subsequent4014baccalaureate degree programfor purposes of meeting district, 4015 regional, or statewide workforce needs if approved by the State 4016 Board of CollegesEducationunder this section. However, a 4017 Florida College System institution may not offer a bachelor of 4018 arts degree program. 4019 4020Beginning July 1, 2009, the Board of Trustees of St. Petersburg4021College is authorized to establish one or more bachelor of4022applied science degree programs based on an analysis of4023workforce needs in Pinellas, Pasco, and Hernando Counties and4024other counties approved by the Department of Education. For each4025program selected, St. Petersburg College must offer a related4026associate in science or associate in applied science degree4027program, and the baccalaureate degree level program must be4028designed to articulate fully with at least one associate in4029science degree program. The college is encouraged to develop4030articulation agreements for enrollment of graduates of related4031associate in applied science degree programs. The Board of4032Trustees of St. Petersburg College is authorized to establish4033additional baccalaureate degree programs if it determines a4034program is warranted and feasible based on each of the factors4035in paragraph (5)(d). However, the Board of Trustees of St.4036Petersburg College may not establish any new baccalaureate4037degree programs from March 31, 2014, through May 31, 2015. Prior4038to developing or proposing a new baccalaureate degree program,4039St. Petersburg College shall engage in need, demand, and impact4040discussions with the state university in its service district4041and other local and regional, accredited postsecondary providers4042in its region. Documentation, data, and other information from4043inter-institutional discussions regarding program need, demand,4044and impact shall be provided to the college’s board of trustees4045to inform the program approval process. Employment at St.4046Petersburg College is governed by the same laws that govern4047Florida College System institutions, except that upper-division4048faculty are eligible for continuing contracts upon the4049completion of the fifth year of teaching. Employee records for4050all personnel shall be maintained as required by s. 1012.81.4051 (5) The approval process for baccalaureate degree programs 4052 requiresshall require: 4053 (a) Each Florida College System institution to submit a 4054 notice of interest at least 180 days before submitting a notice 4055 ofitsintent to propose a baccalaureate degree programto the4056Division of Florida Colleges at least 100 days before the4057submission of its proposal under paragraph (d). The notice of 4058 interest must be submitted into a shared postsecondary database 4059 that allows other postsecondary institutions to preview and 4060 provide feedback on the notice of interest. A written notice of 4061 intent must be submitted to the Chancellor of the Florida 4062 College System at least 100 days before the submission of a 4063 baccalaureate degree program proposal under paragraph (c). The 4064 notice of intent must include a brief description of the 4065 program, the workforce demand and unmet need for graduates of 4066 the program to include evidence from entities independent of the 4067 institution, the geographic region to be served, and an 4068 estimated timeframe for implementation. Notices of interest and 4069 intent may be submitted by a Florida College System institution 4070 at any time throughout the year. The notice of intent must also 4071 include evidence that the Florida College System institution 4072 engaged in need, demand, and impact discussions with the state 4073 university and other regionally accredited postsecondary 4074 education providers in its service district. 4075 (b) The Chancellor of the Florida College SystemDivision4076of Florida Collegesto forward the notice of intent submitted 4077 pursuant to paragraph (a) and the justification for the proposed 4078 baccalaureate degree program required under paragraph (c) within 4079 10 business days after receiving such notice and justification 4080 to the Chancellor of the State University System, the president 4081 of the Independent Colleges and Universities of Florida, and the 4082 Executive Director of the Commission for Independent Education. 4083 State universitiesshallhave 60 days following receipt of the 4084 notice of intent and justification by the Chancellor of the 4085 State University System to submit an objection and a reason for 4086 the objection to the proposed baccalaureate degree program which 4087 may includeobjections to the proposed new program or submitan 4088 alternative proposal to offer the baccalaureate degree program. 4089 The Chancellor of the State University System shall review the 4090 objection raised by a state university and inform the Board of 4091 Governors of the objection before a state university submits its 4092 objection to the Chancellor of the Florida College System. The 4093 Chancellor of the Florida College System must consult with the 4094 Chancellor of the State University System to consider the 4095 objection raised by the state university before the State Board 4096 of Colleges approves or denies a Florida College System 4097 institution’s proposal submitted pursuant to paragraph (c).If a4098proposal from a state university is not received within the 604099day period,The Chancellor of the Florida College SystemState4100Board of Educationshall also provide regionally accredited 4101 private colleges and universities 6030days to submit an 4102 objection and a reason for the objection to the proposed 4103 baccalaureate degree program which may include an alternative 4104 proposal to offer a baccalaureate degree programobjections to4105the proposed new program or submit an alternative proposal. 4106 Objections by a regionally accredited private college or 4107 universityor alternative proposalsshall be submitted to the 4108 Chancellor of the Florida College System, and the state board 4109 must consider such objections beforeDivision of Florida4110Colleges and must be considered by the State Board of Education4111inmaking its decision to approve or deny a Florida College 4112 System institution’s proposal submitted pursuant to paragraph 4113 (c). 4114(c) An alternative proposal submitted by a state university4115or private college or university to adequately address:41161. The extent to which the workforce demand and unmet need4117described in the notice of intent will be met.41182. The extent to which students will be able to complete4119the degree in the geographic region proposed to be served by the4120Florida College System institution.41213. The level of financial commitment of the college or4122university to the development, implementation, and maintenance4123of the specified degree program, including timelines.41244. The extent to which faculty at both the Florida College4125System institution and the college or university will4126collaborate in the development and offering of the curriculum.41275. The ability of the Florida College System institution4128and the college or university to develop and approve the4129curriculum for the specified degree program within 6 months4130after an agreement between the Florida College System4131institution and the college or university is signed.41326. The extent to which the student may incur additional4133costs above what the student would expect to incur if the4134program were offered by the Florida College System institution.4135 (c)(d)Each Florida College System institution to submit a 4136 baccalaureate degree program proposal at least 100 days after 4137 submitting the notice of intent. Each proposal mustsubmitted by4138a Florida College System institution to, at a minimum, include: 4139 1. A description of the planning process and timeline for 4140 implementation. 4141 2. A justification for the proposed baccalaureate degree 4142 program, including, at a minimum, a data-drivenAnanalysis of 4143 workforce demand and unmet need for graduates of the program on 4144 a district, regional, or statewide basis, as appropriate, and 4145 the extent to which the proposed program will meet the workforce 4146 demand and unmet need. The analysis must include workforce and 4147 employment data for the most recent years and projections by the 4148 Department of Economic Opportunity for future years, and a 4149 summary of degree programs similar to the proposed degree 4150 program which are currently offered by state universities or by 4151 independent nonprofit colleges or universities that are eligible 4152 to participate in a grant program pursuant to s. 1009.89 and 4153 which are located in the Florida College System institution’s 4154 regional service area. The analysis and evidence must be 4155 verified by the Chancellor of the Florida College System 4156including evidence from entities independent of the institution. 4157 3. Identification of the facilities, equipment, and library 4158 and academic resources that will be used to deliver the program. 4159 4. The program cost analysis of creating a new 4160 baccalaureate degree when compared toalternative proposals and4161 other program delivery options. 4162 5. The program’s admission requirements, academic content, 4163 curriculum, faculty credentials, student-to-teacher ratios, and 4164 accreditation plan. 4165 6. The program’s student enrollmentprojectionsand funding 4166 requirements, including: 4167 a. The impact of the program’s enrollment projections on 4168 compliance with the upper-level enrollment provisions under 4169 subsection (6); and 4170 b. The institution’s efforts to sustain the program at the 4171 cost of tuition and fees for students who are classified as 4172 residents for tuition purposes under s. 1009.21, not to exceed 4173 $10,000 for the entire degree program, including flexible 4174 tuition and fee rates, and the use of waivers pursuant to s. 4175 1009.26(11). 4176 7. A plan of action if the program is terminated. 4177 (d)(e)The State Board ofDivision of FloridaColleges to 4178 review the proposal, notify the Florida College System 4179 institution of any deficiencies in writing within 30 days 4180 following receipt of the proposal, and provide the Florida 4181 College System institution with an opportunity to correct the 4182 deficiencies. Within 45 days following receipt of a completed 4183 proposal by the State Board ofDivision of FloridaColleges, the 4184 Chancellor of the Florida College SystemCommissioner of4185Educationshall recommend approval or disapproval of the 4186 proposal to the State Board of CollegesEducation. The State 4187 Board of CollegesEducationshall consider such recommendation, 4188 the proposal, input from the Chancellor of the State University 4189 System and the president of the Independent Colleges and 4190 Universities of Florida, and any objections or alternative 4191 proposals at its next meeting. If the State Board of Colleges 4192Educationdisapproves the Florida College System institution’s 4193 proposal, it shall provide the Florida College System 4194 institution with written reasons for that determination. 4195 (e)(f)The Florida College System institution to obtain 4196 from the Commission on Colleges of the Southern Association of 4197 Colleges and Schools accreditation as a baccalaureate-degree 4198 granting institution if approved by the State Board of Colleges 4199Educationto offer its first baccalaureate degree program. 4200 (f)(g)The Florida College System institution to notify the 4201 Commission on Colleges of the Southern Association of Colleges 4202 and Schools of subsequent degree programs that are approved by 4203 the State Board of CollegesEducationand to comply with the 4204 association’s required substantive change protocols for 4205 accreditation purposes. 4206 (g)(h)The Florida College System institution to annually 4207 report to the State Board of Colleges, the Chancellor of the 4208 State University System, andupon request of the State Board of4209Education, the Commissioner of Education, the Chancellor of the4210Florida College System, orthe Legislature, reportits status 4211 using the following performance and compliance indicators: 4212 1. Obtaining and maintaining appropriate Southern 4213 Association of Colleges and Schools accreditation; 4214 2. Maintaining qualified faculty and institutional 4215 resources; 4216 3. Maintaining student enrollment in previously approved 4217 programs; 4218 4. Managing fiscal resources appropriately; 4219 5. Complying with the primary mission and responsibility 4220 requirements in subsections (2) and (3);and4221 6. Incorporating other indicators of success, including 4222 program completions, employment and earnings outcomes, student 4223 acceptance into and performance in graduate programsplacements, 4224 and surveys of graduates and employers;.4225 7. Continuing to meet workforce demand, as provided in 4226 subparagraph (c)2., as demonstrated through a data-driven needs 4227 assessment by the Florida College System institution which is 4228 verified by more than one third-party professional entity that 4229 is independent of the institution; and 4230 8. Complying with the upper-level enrollment provisions 4231 under subsection (6). 4232 4233 The State Board of CollegesEducation, upon annual review of the 4234 baccalaureate degree program performance and compliance 4235 indicators and needs assessment, may require a Florida College 4236 System institution’s board of trustees to modify or terminate a 4237 baccalaureate degree program authorized under this section. If 4238 the annual review indicates negative program performance and 4239 compliance results, and if the needs assessment fails to 4240 demonstrate a need for the program, the State Board of Colleges 4241 must require a Florida College System institution’s board of 4242 trustees to terminate that baccalaureate degree program. 4243 (6)(a) The upper-level, undergraduate full-time equivalent 4244 enrollment at a Florida College System institution may not 4245 exceed 20 percent of the total full-time equivalent enrollment 4246 at that institution. 4247 (b) The upper-level, undergraduate full-time equivalent 4248 enrollment in the Florida College System may not exceed 10 4249 percent of the total full-time equivalent enrollment of the 4250 Florida College System. 4251 (c) For any planned and purposeful expansion of existing 4252 baccalaureate degree programs or creation of a new baccalaureate 4253 program, a Florida College System institution must demonstrate 4254 satisfactory performance in fulfilling its primary mission 4255 pursuant to s. 1004.65, executing at least one “2+2” targeted 4256 pathway articulation agreement pursuant to s. 1007.23, and 4257 meeting or exceeding the performance standards related to on 4258 time completion and graduation rates under s. 1001.66 for 4259 students earning associate in arts or baccalaureate degrees. The 4260 State Board of Colleges may not approve a new baccalaureate 4261 degree program proposal for a Florida College System institution 4262 that does not meet the conditions specified in this subsection 4263 in addition to the other requirements for approval under this 4264 section. Each Florida College System institution that offers a 4265 baccalaureate degree must annually review each baccalaureate 4266 degree program and annually report to the State Board of 4267 Colleges, in a format prescribed by the state board, current and 4268 projected student enrollment for such program, justification for 4269 continuation of each baccalaureate degree program, and a plan to 4270 comply with the upper-level enrollment provisions of this 4271 subsection. A Florida College System institution that does not 4272 comply with the requirements of this section is subject to s. 4273 1001.602(9) and may not report for funding the upper-level, 4274 undergraduate full-time equivalent enrollment that exceeds the 4275 upper-level enrollment percent provision of this subsection. 4276 (7)(6)The State Board of CollegesEducationshall adopt 4277 rules to prescribe format and content requirements and 4278 submission procedures for notices of interest and intent, 4279 baccalaureate degree program proposals, objectionsalternative4280proposals, and compliance reviews under subsection (5). 4281 Section 67. Effective July 1, 2018, subsections (1), (3), 4282 (4), and (5) of section 1008.30, Florida Statutes, are amended 4283 and subsection (7) is added to that section, to read: 4284 1008.30 Common placement testing for public postsecondary 4285 education.— 4286 (1) The State Board of CollegesEducation, in conjunction 4287 with the Board of Governors and the State Board of Education, 4288 shall develop and implement a common placement test for the 4289 purpose of assessing the basic computation and communication 4290 skills of students who intend to enter a degree program at any 4291 public postsecondary educational institution. Alternative 4292 assessments that may be accepted in lieu of the common placement 4293 test shall also be identified in rule. Public postsecondary 4294 educational institutions shall provide appropriate modifications 4295 of the test instruments or test procedures for students with 4296 disabilities. 4297 (3)By October 31, 2013,The State Board of Colleges, in 4298 conjunction with the Board of Governors and the State Board of 4299 Education,Educationshall establish by rule the test scores a 4300 student must achieve to demonstrate readiness to perform 4301 college-level work, and the rules must specify the following: 4302 (a) A student who entered 9th grade in a Florida public 4303 school in the 2003-2004 school year, or any year thereafter, and 4304 earned a Florida standard high school diploma or a student who 4305 is serving as an active duty member of any branch of the United 4306 States Armed Services shall not be required to take the common 4307 placement test and shall not be required to enroll in 4308 developmental education instruction in a Florida College System 4309 institution. However, a student who is not required to take the 4310 common placement test and is not required to enroll in 4311 developmental education under this paragraph may opt to be 4312 assessed and to enroll in developmental education instruction, 4313 and the college shall provide such assessment and instruction 4314 upon the student’s request. 4315 (b) A student who takes the common placement test and whose 4316 score on the test indicates a need for developmental education 4317 must be advised of all the developmental education options 4318 offered at the institution and, after advisement, shall be 4319 allowed to enroll in the developmental education option of his 4320 or her choice. 4321 (c) A student who demonstrates readiness by achieving or 4322 exceeding the test scores established by the state board and 4323 enrolls in a Florida College System institution within 2 years 4324 after achieving such scores shall not be required to retest or 4325 complete developmental education when admitted to any Florida 4326 College System institution. 4327 (4)By December 31, 2013,The State Board of Colleges 4328Education, in consultation with the Board of Governors, shall 4329 approve a series of meta-majors and the academic pathways that 4330 identify the gateway courses associated with each meta-major. 4331 Florida College System institutions shall use placement test 4332 results to determine the extent to which each student 4333 demonstrates sufficient communication and computation skills to 4334 indicate readiness for his or her chosen meta-major. Florida 4335 College System institutions shall counsel students into college 4336 credit courses as quickly as possible, with developmental 4337 education limited to that content needed for success in the 4338 meta-major. 4339 (5)(a) Each Florida College System institution board of 4340 trustees shall develop a plan to implement the developmental 4341 education strategies defined in s. 1008.02 and rules established 4342 by the State Board of CollegesEducation. The plan must be 4343 submitted to the Chancellor of the Florida College System for 4344 approval no later than March 1, 2014, for implementation no 4345 later than the fall semester 2014. Each plan must include, at a 4346 minimum, local policies that outline: 4347 1. Documented student achievements such as grade point 4348 averages, work history, military experience, participation in 4349 juried competitions, career interests, degree major declaration, 4350 or any combination of such achievements that the institution may 4351 consider, in addition to common placement test scores, for 4352 advising students regarding enrollment options. 4353 2. Developmental education strategies available to 4354 students. 4355 3. A description of student costs and financial aid 4356 opportunities associated with each option. 4357 4. Provisions for the collection of student success data. 4358 5. A comprehensive plan for advising students into 4359 appropriate developmental education strategies based on student 4360 success data. 4361 (b) Beginning October 31, 2015, each Florida College System 4362 institution shall annually prepare an accountability report that 4363 includes student success data relating to each developmental 4364 education strategy implemented by the institution. The report 4365 shall be submitted to the State Board ofDivision of Florida4366 Colleges by October 31 in a format determined by the Chancellor 4367 of the Florida College System. By December 31, the chancellor 4368 shall compile and submit the institutional reports to the 4369 Governor, the President of the Senate, the Speaker of the House 4370 of Representatives, and the State Board of Collegesand the4371State Board of Education. 4372 (c) A university board of trustees may contract with a 4373 Florida College System institution board of trustees for the 4374 Florida College System institution to provide developmental 4375 education on the state university campus. Any state university 4376 in which the percentage of incoming students requiring 4377 developmental education equals or exceeds the average percentage 4378 of such students for the Florida College System may offer 4379 developmental education without contracting with a Florida 4380 College System institution; however, any state university 4381 offering college-preparatory instruction as of January 1, 1996, 4382 may continue to provide developmental education instruction 4383 pursuant to s. 1008.02(1)such services. 4384 (7) The Supporting Students for Academic Success Program is 4385 established to fund the efforts of Florida College System 4386 institutions in assisting students enrolled in an associate in 4387 arts degree program with successfully completing college credit 4388 courses, graduating with an associate in arts degree, and 4389 transferring to a baccalaureate degree program. It is the intent 4390 of the Legislature to boost student achievement through 4391 investments in effective and purposeful outcome-based strategies 4392 and efforts to increase student access to relevant supports and 4393 services. Such investments shall be used to boost the 4394 achievement of students, including, but not limited to, 4395 nontraditional students and underprepared students participating 4396 in developmental education. 4397 (a) A Florida College institution’s efforts must include 4398 the implementation of the developmental education instructional 4399 strategies under s. 1008.02 and other effective approaches to 4400 improve student completion and graduation outcomes. Such 4401 approaches may relate to direct instruction, academic support, 4402 and student services. 4403 (b) Funding for the Supporting Students for Academic 4404 Success Program shall be as provided in the General 4405 Appropriations Act. Each Florida College System institution 4406 shall use the funds only for the purpose and investments 4407 authorized under this subsection. 4408 (c) The Chancellor of the Florida College System must 4409 include in the accountability report required under subsection 4410 (5) a summary of information from each Florida College System 4411 institution which includes, but is not limited to, the number 4412 and percentage of students enrolled at Florida College System 4413 institutions who: 4414 1. Successfully complete a gateway course in mathematics 4415 within the first academic year after initial enrollment; 4416 2. Successfully complete at least 24 credit hours at a 4417 Florida College System institution within the first academic 4418 year after initial enrollment and who remain enrolled at that 4419 institution in the academic year immediately following the first 4420 academic year; 4421 3. Graduate with an associate in arts degree; and 4422 4. Transfer to a baccalaureate degree program offered by an 4423 institution of higher education in Florida within one year after 4424 earning an associate in arts degree. 4425 Section 68. Paragraphs (d) and (e) of subsection (1) and 4426 paragraphs (a) and (c) of subsection (3) of section 1008.31, 4427 Florida Statutes, are amended to read: 4428 1008.31 Florida’s K-20 education performance accountability 4429 system; legislative intent; mission, goals, and systemwide 4430 measures; data quality improvements.— 4431 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 4432 that: 4433 (d) The State Board of Education,andthe Board of 4434 Governors of the State University System, and the State Board of 4435 Colleges of the Florida College System recommend to the 4436 Legislature systemwide performance standards; the Legislature 4437 establish systemwide performance measures and standards; and the 4438 systemwide measures and standards provide Floridians with 4439 information on what the public is receiving in return for the 4440 funds it invests in education and how well the K-20 system 4441 educates its students. 4442 (e)1. The State Board of Education establish performance 4443 measures and set performance standards for individual public 4444 schoolsand Florida College System institutions, with measures 4445 and standards based primarily on student achievement. 4446 2. The Board of Governors of the State University System 4447 establish performance measures and set performance standards for 4448 individual state universities, including actual completion 4449 rates. 4450 3. The State Board of Colleges establish performance 4451 measures and set performance standards for individual Florida 4452 College System institutions. 4453 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide 4454 data required to implement education performance accountability 4455 measures in state and federal law, the Commissioner of Education 4456 shall initiate and maintain strategies to improve data quality 4457 and timeliness. The Board of Governors shall make available to 4458 the department all data within the State University Database 4459 System to be integrated into the K-20 data warehouse. The 4460 commissioner shall have unlimited access to such data for the 4461 purposes of conducting studies, reporting annual and 4462 longitudinal student outcomes, and improving college readiness 4463 and articulation. All public educational institutions shall 4464 annually provide data from the prior year to the K-20 data 4465 warehouse in a format based on data elements identified by the 4466 commissioner. 4467 (a) School districts and public postsecondary educational 4468 institutions shall maintain information systems that will 4469 provide the State Board of Education, the Board of Governors of 4470 the State University System, the State Board of Colleges of the 4471 Florida College System, and the Legislature with information and 4472 reports necessary to address the specifications of the 4473 accountability system. The level of comprehensiveness and 4474 quality must be no less than that which was available as of June 4475 30, 2001. 4476 (c) The Commissioner of Education shall determine the 4477 standards for the required data, monitor data quality, and 4478 measure improvements. The commissioner shall report annually to 4479 the State Board of Education, the Board of Governors of the 4480 State University System, the State Board of Colleges of the 4481 Florida College System, the President of the Senate, and the 4482 Speaker of the House of Representatives data quality indicators 4483 and ratings for all school districts and public postsecondary 4484 educational institutions. 4485 Section 69. Section 1008.32, Florida Statutes, is amended 4486 to read: 4487 1008.32 State Board of Education oversight enforcement 4488 authority.—The State Board of Education shall oversee the 4489 performance of district school boardsand Florida College System4490institution boards of trusteesin enforcement of all laws and 4491 rules. District school boardsand Florida College System4492institution boards of trusteesshall be primarily responsible 4493 for compliance with law and state board rule. 4494 (1) In order to ensure compliance with law or state board 4495 rule, the State Board of Education shall have the authority to 4496 request and receive information, data, and reports from school 4497 districtsand Florida College System institutions. District 4498 school superintendentsand Florida College System institution4499presidentsare responsible for the accuracy of the information 4500 and data reported to the state board. 4501 (2) The Commissioner of Education may investigate 4502 allegations of noncompliance with law or state board rule and 4503 determine probable cause. The commissioner shall report 4504 determinations of probable cause to the State Board of Education 4505 which shall require the district school boardor Florida College4506System institution board of trusteesto document compliance with 4507 law or state board rule. 4508 (3) If the district school boardor Florida College System4509institution board of trusteescannot satisfactorily document 4510 compliance, the State Board of Education may order compliance 4511 within a specified timeframe. 4512 (4) If the State Board of Education determines that a 4513 district school boardor Florida College System institution4514board of trusteesis unwilling or unable to comply with law or 4515 state board rule within the specified time, the state board 4516 shall have the authority to initiate any of the following 4517 actions: 4518 (a) Report to the Legislature that the school districtor4519Florida College System institutionis unwilling or unable to 4520 comply with law or state board rule and recommend action to be 4521 taken by the Legislature. 4522 (b) Withhold the transfer of state funds, discretionary 4523 grant funds, discretionary lottery funds, or any other funds 4524 specified as eligible for this purpose by the Legislature until 4525 the school districtor Florida College System institution4526 complies with the law or state board rule. 4527 (c) Declare the school districtor Florida College System4528institutionineligible for competitive grants. 4529 (d) Require monthly or periodic reporting on the situation 4530 related to noncompliance until it is remedied. 4531 (5) Nothing in this section shall be construed to create a 4532 private cause of action or create any rights for individuals or 4533 entities in addition to those provided elsewhere in law or rule. 4534 Section 70. Paragraphs (e) and (f) of subsection (7) of 4535 section 1008.345, Florida Statutes, are amended to read: 4536 1008.345 Implementation of state system of school 4537 improvement and education accountability.— 4538 (7) As a part of the system of educational accountability, 4539 the Department of Education shall: 4540 (e) Maintain a listing of college-level communication and 4541 mathematics skills associated with successful student 4542 performance through the baccalaureate level and submit it to the 4543 State Board of Education,andthe Board of Governors, and the 4544 State Board of Colleges for approval. 4545 (f) Perform any other functions that may be involved in 4546 educational planning, research, and evaluation or that may be 4547 required by the commissioner, the State Board of Education, the 4548 State Board of Colleges, the Board of Governors, or law. 4549 Section 71. Subsections (1) and (2) of section 1008.37, 4550 Florida Statutes, are amended to read: 4551 1008.37 Postsecondary feedback of information to high 4552 schools.— 4553 (1) The Commissioner of Education shall report to the State 4554 Board of Education, the Board of Governors, the State Board of 4555 Colleges, the Legislature, and the district school boards on the 4556 performance of each first-time-in-postsecondary education 4557 student from each public high school in this state who is 4558 enrolled in a public postsecondary institution or public career 4559 center. Such reports must be based on information databases 4560 maintained by the Department of Education. In addition, the 4561 public postsecondary educational institutions and career centers 4562 shall provide district school boards access to information on 4563 student performance in regular and preparatory courses and shall 4564 indicate students referred for remediation pursuant to s. 4565 1004.91 or s. 1008.30. 4566 (2) The Commissioner of Education shall report, by high 4567 school, to the State Board of Education, the Board of Governors, 4568 the State Board of Colleges, and the Legislature, no later than 4569 November 30 of each year, on the number of prior year Florida 4570 high school graduates who enrolled for the first time in public 4571 postsecondary education in this state during the previous 4572 summer, fall, or spring term, indicating the number of students 4573 whose scores on the common placement test indicated the need for 4574 developmental education under s. 1008.30 or for applied 4575 academics for adult education under s. 1004.91. 4576 Section 72. Section 1008.38, Florida Statutes, is amended 4577 to read: 4578 1008.38 Articulation accountability process.—The State 4579 Board of Education, in conjunction with the Board of Governors 4580 and the State Board of Colleges, shall develop articulation 4581 accountability measures which assess the status of systemwide 4582 articulation processes authorized under s. 1007.23 and establish 4583 an articulation accountability process which at a minimum shall 4584 address: 4585 (1) The impact of articulation processes on ensuring 4586 educational continuity and the orderly and unobstructed 4587 transition of students between public secondary and 4588 postsecondary education systems and facilitating the transition 4589 of students between the public and private sectors. 4590 (2) The adequacy of preparation of public secondary 4591 students to smoothly articulate to a public postsecondary 4592 institution. 4593 (3) The effectiveness of articulated acceleration 4594 mechanisms available to secondary students. 4595 (4) The smooth transfer of Florida College System associate 4596 degree graduates to a Florida College System institution or a 4597 state university. 4598 (5) An examination of degree requirements that exceed the 4599 parameters of 60 credit hours for an associate degree and 120 4600 hours for a baccalaureate degree in public postsecondary 4601 programs. 4602 (6) The relationship between student attainment of college 4603 level academic skills and articulation to the upper division in 4604 public postsecondary institutions. 4605 Section 73. Section 1008.405, Florida Statutes, is amended 4606 to read: 4607 1008.405 Adult student information.—Each school district 4608 and Florida College System institution shall maintain sufficient 4609 information for each student enrolled in workforce education to 4610 allow local and state administrators to locate such student upon 4611 the termination of instruction and to determine the 4612 appropriateness of student placement in specific instructional 4613 programs. The State Board of Education and the State Board of 4614 Colleges shall adopt, by rule, specific information that must be 4615 maintained and acceptable means of maintaining that information. 4616 Section 74. Subsection (2) of section 1008.44, Florida 4617 Statutes, is amended to read: 4618 1008.44 CAPE Industry Certification Funding List and CAPE 4619 Postsecondary Industry Certification Funding List.— 4620 (2) The State Board of Education, for school districts, and 4621 the State Board of Colleges, for Florida College System 4622 institutions, shall collaborate to approve, at least annually, 4623 the CAPE Postsecondary Industry Certification Funding List 4624 pursuant to this section. The Commissioner of Education and the 4625 Chancellor of the Florida College System shall recommend, at 4626 least annually, the CAPE Postsecondary Industry Certification 4627 Funding List to the State Board of Education and the State Board 4628 of Colleges, respectively, and may at any time recommend adding 4629 certifications. The Chancellor of the State University System, 4630 the Chancellor of the Florida College System, and the Chancellor 4631 of Career and Adult Education shall work with local workforce 4632 boards, other postsecondary institutions, businesses, and 4633 industry to identify, create, and recommend to the Commissioner 4634 of Education industry certifications to be placed on the funding 4635 list. The list shall be used to determine annual performance 4636 funding distributions to school districts or Florida College 4637 System institutions as specified in ss. 1011.80 and 1011.81, 4638 respectively. The chancellors shall review results of the 4639 economic security report of employment and earning outcomes 4640 produced annually pursuant to s. 445.07 when determining 4641 recommended certifications for the list, as well as other 4642 reports and indicators available regarding certification needs. 4643 Section 75. Section 1008.45, Florida Statutes, is amended 4644 to read: 4645 1008.45 Florida College System institution accountability 4646 process.— 4647 (1) It is the intent of the Legislature that a management 4648 and accountability process be implemented which provides for the 4649 systematic, ongoing improvement and assessment of the 4650 improvement of the quality and efficiency of the Florida College 4651 System institutions. Accordingly, the State Board of Colleges 4652Educationand the Florida College System institution boards of 4653 trustees shall develop and implement an accountability plan to 4654 improve and evaluate the instructional and administrative 4655 efficiency and effectiveness of the Florida College System. This 4656 plan shall be designed in consultation with staff of the 4657 Governor and the Legislature and must address the following 4658 issues: 4659 (a) Graduation rates of A.A. and A.S. degree-seeking 4660 students compared to first-time-enrolled students seeking the 4661 associate degree. 4662 (b) Minority student enrollment and retention rates. 4663 (c) Student performance, including student performance in 4664 college-level academic skills, mean grade point averages for 4665 Florida College System institution A.A. transfer students, and 4666 Florida College System institution student performance on state 4667 licensure examinations. 4668 (d) Job placement rates of Florida College System 4669 institution career students. 4670 (e) Student progression by admission status and program. 4671 (f) Career accountability standards identified in s. 4672 1008.42. 4673 (g) Institutional assessment efforts related to the 4674 requirements of s. III in the Criteria for Accreditation of the 4675 Commission on Colleges of the Southern Association of Colleges 4676 and Schools. 4677 (h) Other measures approved by the State Board of Colleges 4678Education. 4679 (2) The State Board of CollegesEducationshall submit an 4680 annual report, to coincide with the submission of the state 4681 board’sagencystrategic plan required by law, providing the 4682 results of initiatives taken during the prior year and the 4683 initiatives and related objective performance measures proposed 4684 for the next year. 4685 (3) The State Board of CollegesEducationshall address 4686 within the annual evaluation of the performance of the 4687 chancellorexecutive director, and the Florida College System 4688 institution boards of trustees shall address within the annual 4689 evaluation of the presidents, the achievement of the performance 4690 goals established by the accountability process. 4691 Section 76. Subsection (13) of section 1009.21, Florida 4692 Statutes, is amended to read: 4693 1009.21 Determination of resident status for tuition 4694 purposes.—Students shall be classified as residents or 4695 nonresidents for the purpose of assessing tuition in 4696 postsecondary educational programs offered by charter technical 4697 career centers or career centers operated by school districts, 4698 in Florida College System institutions, and in state 4699 universities. 4700 (13) The State Board of Education,andthe Board of 4701 Governors, and the State Board of Colleges shall adopt rules to 4702 implement this section. 4703 Section 77. Effective July 1, 2018, paragraph (e) of 4704 subsection (3) of section 1009.22, Florida Statutes, is amended 4705 to read: 4706 1009.22 Workforce education postsecondary student fees.— 4707 (3) 4708 (e) The State Board of Education and the State Board of 4709 Colleges may adopt, by rule, the definitions and procedures that 4710 district school boards and Florida College System institution 4711 boards of trustees shall use in the calculation of cost borne by 4712 students. 4713 Section 78. Subsection (7), paragraph (b) of subsection 4714 (12), subsection (13), paragraph (b) of subsection (16), and 4715 subsection (19) of section 1009.23, Florida Statutes, are 4716 amended to read: 4717 1009.23 Florida College System institution student fees.— 4718 (7) Each Florida College System institution board of 4719 trustees may establish a separate activity and service fee not 4720 to exceed 10 percent of the tuition fee, according to rules of 4721 the State Board of CollegesEducation. The student activity and 4722 service fee shall be collected as a component part of the 4723 tuition and fees. The student activity and service fees shall be 4724 paid into a student activity and service fund at the Florida 4725 College System institution and shall be expended for lawful 4726 purposes to benefit the student body in general. These purposes 4727 include, but are not limited to, student publications and grants 4728 to duly recognized student organizations, the membership of 4729 which is open to all students at the Florida College System 4730 institution without regard to race, sex, or religion. No Florida 4731 College System institution shall be required to lower any 4732 activity and service fee approved by the board of trustees of 4733 the Florida College System institution and in effect prior to 4734 October 26, 2007, in order to comply with the provisions of this 4735 subsection. 4736 (12) 4737 (b) The State Board of CollegesEducationmay adopt rules 4738 pursuant to ss. 120.536(1) and 120.54 to administer this 4739 subsection. 4740 (13) The State Board of CollegesEducationshall specify, 4741 as necessary, by rule, approved methods of student fee payment. 4742 Such methods shall include, but not be limited to, student fee 4743 payment; payment through federal, state, or institutional 4744 financial aid; and employer fee payments. 4745 (16) 4746 (b) The amount of the distance learning course user fee may 4747 not exceed the additional costs of the services provided which 4748 are attributable to the development and delivery of the distance 4749 learning course. If a Florida College System institution 4750 assesses the distance learning course user fee, the institution 4751 may not assess any other fees to cover the additional costs. By 4752 September 1 of each year, each board of trustees shall report to 4753 the State Board of CollegesDivision of Florida Collegesthe 4754 total amount of revenue generated by the distance learning 4755 course user fee for the prior fiscal year and how the revenue 4756 was expended. 4757 (19) The State Board of CollegesEducationshall adopt a 4758 rule specifying the definitions and procedures to be used in the 4759 calculation of the percentage of cost paid by students. The rule 4760 must provide for the calculation of the full cost of educational 4761 programs based on the allocation of all funds provided through 4762 the general current fund to programs of instruction, and other 4763 activities as provided in the annual expenditure analysis. The 4764 rule shall be developed in consultation with the Legislature. 4765 Section 79. Subsection (2) of section 1009.25, Florida 4766 Statutes, is amended to read: 4767 1009.25 Fee exemptions.— 4768 (2) Each Florida College System institution is authorized 4769 to grant student fee exemptions from all fees adopted by the 4770 State Board of CollegesEducationand the Florida College System 4771 institution board of trustees for up to 54 full-time equivalent 4772 students or 1 percent of the institution’s total full-time 4773 equivalent enrollment, whichever is greater, at each 4774 institution. 4775 Section 80. Paragraph (b) of subsection (12), paragraphs 4776 (c) and (d) of subsection (13), and paragraph (d) of subsection 4777 (14) of section 1009.26, Florida Statutes, are amended to read: 4778 1009.26 Fee waivers.— 4779 (12) 4780 (b) Tuition and fees charged to a student who qualifies for 4781 the out-of-state fee waiver under this subsection may not exceed 4782 the tuition and fees charged to a resident student. The waiver 4783 is applicable for 110 percent of the required credit hours of 4784 the degree or certificate program for which the student is 4785 enrolled. Each state university, Florida College System 4786 institution, career center operated by a school district under 4787 s. 1001.44, and charter technical career center shall report to 4788 the Board of Governors, the State Board of Colleges, and the 4789 State Board of Education, respectively, the number and value of 4790 all fee waivers granted annually under this subsection. By 4791 October 1 of each year, the Board of Governors, for the state 4792 universities;andthe State Board of Colleges,Educationfor 4793 Florida College System institutions;,career centers operated by 4794 a school district under s. 1001.44;,and charter technical 4795 career centers shall annually report for the previous academic 4796 year the percentage of resident and nonresident students 4797 enrolled systemwide. 4798 (13) 4799 (c) Each state university, Florida College System 4800 institution, career center operated by a school district under 4801 s. 1001.44, and charter technical career center shall report to 4802 the Board of Governors, the State Board of Colleges, and the 4803 State Board of Education, respectively, the number and value of 4804 all fee waivers granted annually under this subsection. 4805 (d) The Board of Governors, the State Board of Colleges, 4806 and the State Board of Education shall respectively adopt 4807 regulations and rules to administer this subsection. 4808 (14) 4809 (d) The Board of Governors, the State Board of Colleges, 4810 and the State Board of Education shall respectively adopt 4811 regulations and rules to administer this subsection. 4812 Section 81. Section 1009.28, Florida Statutes, is amended 4813 to read: 4814 1009.28 Fees for repeated enrollment in developmental 4815 education classes.—A student enrolled in the same developmental 4816 education class more than twice shall pay 100 percent of the 4817 full cost of instruction to support continuous enrollment of 4818 that student in the same class, and the student shall not be 4819 included in calculations of full-time equivalent enrollments for 4820 state funding purposes; however, students who withdraw or fail a 4821 class due to extenuating circumstances may be granted an 4822 exception only once for each class, provided approval is granted 4823 according to policy established by the board of trustees. Each 4824 Florida College System institution may review and reduce fees 4825 paid by students due to continued enrollment in a developmental 4826 education class on an individual basis contingent upon the 4827 student’s financial hardship, pursuant to definitions and fee 4828 levels established by the State Board of CollegesEducation. 4829 Section 82. Subsections (9) and (12) of section 1009.90, 4830 Florida Statutes, are amended to read: 4831 1009.90 Duties of the Department of Education.—The duties 4832 of the department shall include: 4833 (9) Development and submission of a report, annually, to 4834 the State Board of Education, the Board of Governors, the State 4835 Board of Colleges, the President of the Senate, and the Speaker 4836 of the House of Representatives,which shall include, but not be 4837 limited to, recommendations for the distribution of state 4838 financial aid funds. 4839 (12) Calculation of the amount of need-based student 4840 financial aid required to offset fee increases recommended by 4841 the State Board of Education,andthe Board of Governors, and 4842 the State Board of Colleges, and inclusion of such amount within 4843 the legislative budget request for student assistance grant 4844 programs. 4845 Section 83. Subsection (4) of section 1009.91, Florida 4846 Statutes, is amended to read: 4847 1009.91 Assistance programs and activities of the 4848 department.— 4849 (4) The department shall maintain records on the student 4850 loan default rate of each Florida postsecondary institution and 4851 report that information annually to both the institution and the 4852 State Board of Education. Information relating to state 4853 universities shall also be reported annually to the Board of 4854 Governors. Information relating to Florida College System 4855 institutions shall be reported annually to the State Board of 4856 Colleges. 4857 Section 84. Subsection (2) of section 1009.971, Florida 4858 Statutes, is amended to read: 4859 1009.971 Florida Prepaid College Board.— 4860 (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board 4861 shall consist of seven members to be composed of the Attorney 4862 General, the Chief Financial Officer, the Chancellor of the 4863 State University System, the Chancellor of the Florida College 4864 SystemDivision of Florida Colleges, and three members appointed 4865 by the Governor and subject to confirmation by the Senate. Each 4866 member appointed by the Governor shall possess knowledge, skill, 4867 and experience in the areas of accounting, actuary, risk 4868 management, or investment management. Each member of the board 4869 not appointed by the Governor may name a designee to serve on 4870 the board on behalf of the member; however, any designee so 4871 named shall meet the qualifications required of gubernatorial 4872 appointees to the board. Members appointed by the Governor shall 4873 serve terms of 3 years. Any person appointed to fill a vacancy 4874 on the board shall be appointed in a like manner and shall serve 4875 for only the unexpired term. Any member shall be eligible for 4876 reappointment and shall serve until a successor qualifies. 4877 Members of the board shall serve without compensation but shall 4878 be reimbursed for per diem and travel in accordance with s. 4879 112.061. Each member of the board who is not otherwise required 4880 to file a full and public disclosure of financial interests 4881 pursuant to s. 8, Art. II of the State Constitution or s. 4882 112.3144 shall file a statement of financial interests pursuant 4883 to s. 112.3145. 4884 Section 85. Section 1010.01, Florida Statutes, is amended 4885 to read: 4886 1010.01 Uniform records and accounts.— 4887 (1)(a) The financial records and accounts of each school 4888 district, Florida College System institution,and other 4889 institution or agency under the supervision of the State Board 4890 of Education shall be prepared and maintained as prescribed by 4891 law and rules of the State Board of Education. 4892 (b) The financial records and accounts of each state 4893 university under the supervision of the Board of Governors shall 4894 be prepared and maintained as prescribed by law and rules of the 4895 Board of Governors. 4896 (c) The financial records and accounts of each Florida 4897 College System institution under the supervision of the State 4898 Board of Colleges shall be prepared and maintained as prescribed 4899 by law and by the rules of the State Board of Colleges. 4900 (2) Rules of the State Board of Education,and rules ofthe 4901 Board of Governors, and the State Board of Colleges shall 4902 incorporate the requirements of law and accounting principles 4903 generally accepted in the United States. Such rules shall 4904 include a uniform classification of accounts. 4905 (3) Each state university shall annually file with the 4906 Board of Governors financial statements prepared in conformity 4907 with accounting principles generally accepted by the United 4908 States and the uniform classification of accounts prescribed by 4909 the Board of Governors. The Board of Governors’ rules shall 4910 prescribe the filing deadline for the financial statements. 4911 (4) Required financial accounts and reports shall include 4912 provisions that are unique to each of the following: K-12 school 4913 districts, Florida College System institutions, and state 4914 universities, and shall provide for the data to be reported to 4915 the National Center of Educational Statistics and other 4916 governmental and professional educational data information 4917 services as appropriate. 4918 (5) Each Florida College System institution shall annually 4919 file with the State Board of Colleges financial statements 4920 prepared in conformity with accounting principles generally 4921 accepted by the United States and the uniform classification of 4922 accounts prescribed by the State Board of Colleges. The State 4923 Board of Colleges’ rules shall prescribe the filing deadline for 4924 the financial statements. 4925 Section 86. Subsection (1) of section 1010.02, Florida 4926 Statutes, is amended, and subsection (3) is added to that 4927 section, to read: 4928 1010.02 Financial accounting and expenditures.— 4929 (1) All funds accruing to a school districtor a Florida4930College System institutionmust be received, accounted for, and 4931 expended in accordance with law and rules of the State Board of 4932 Education. 4933 (3) All funds accruing to a Florida College System 4934 institution must be received, accounted for, and expended in 4935 accordance with law and rules of the State Board of Colleges. 4936 Section 87. Subsections (1) and (4) of section 1010.04, 4937 Florida Statutes, are amended to read: 4938 1010.04 Purchasing.— 4939 (1)(a) Purchases and leases by school districts mustand4940Florida College System institutions shallcomply with the 4941 requirements of law and rules of the State Board of Education. 4942 (b) Before purchasing nonacademic commodities and 4943 contractual services, each district school board and Florida 4944 College System institution board of trustees shall review the 4945 purchasing agreements and state term contracts available under 4946 s. 287.056 to determine whether it is in the school board’s or 4947 the board of trustees’ economic advantage to use the agreements 4948 and contracts. Each bid specification for nonacademic 4949 commodities and contractual services must include a statement 4950 indicating that the purchasing agreements and state term 4951 contracts available under s. 287.056 have been reviewed. Each 4952 district school board may also use the cooperative state 4953 purchasing programs managed through the regional consortium 4954 service organizations pursuant to their authority under s. 4955 1001.451(3). This paragraph does not apply to services that are 4956 eligible for reimbursement under the federal E-rate program 4957 administered by the Universal Service Administrative Company. 4958 (c) Purchases and leases by state universities mustshall4959 comply with the requirements of law and regulations of the Board 4960 of Governors. 4961 (d) Purchases and leases by Florida College System 4962 institutions must comply with the requirements of law and rules 4963 of the State Board of Colleges. 4964 (4)(a) The State Board of Education may, by rule, provide 4965 for alternative procedures for school districtsand Florida4966College System institutionsfor bidding or purchasing in cases 4967 in which the character of the item requested renders competitive 4968 bidding impractical. 4969 (b) The Board of Governors may, by regulation, provide for 4970 alternative procedures for state universities for bidding or 4971 purchasing in cases in which the character of the item requested 4972 renders competitive bidding impractical. 4973 (c) The State Board of Colleges may provide by rule for 4974 alternative procedures for Florida College System institutions 4975 for bidding or purchasing in cases in which the character of the 4976 item requested renders competitive bidding impractical. 4977 Section 88. Subsection (2) of section 1010.07, Florida 4978 Statutes, is amended to read: 4979 1010.07 Bonds or insurance required.— 4980 (2)(a) Contractors paid from school districtor Florida4981College System institutionfunds shall give bond for the 4982 faithful performance of their contracts in such amount and for 4983 such purposes as prescribed by s. 255.05 or by rules of the 4984 State Board of Education relating to the type of contract 4985 involved. It shall be the duty of the district school boardor4986Florida College System institution board of trusteesto require 4987 from construction contractors a bond adequate to protect the 4988 board and the board’s funds involved. 4989 (b) Contractors paid from university funds shall give bond 4990 for the faithful performance of their contracts in such amount 4991 and for such purposes as prescribed by s. 255.05 or by 4992 regulations of the Board of Governors relating to the type of 4993 contract involved. It shall be the duty of the university board 4994 of trustees to require from construction contractors a bond 4995 adequate to protect the board and the board’s funds involved. 4996 (c) Contractors paid from Florida College System 4997 institution funds shall give bonds for the faithful performance 4998 of their contracts in such amount and for such purposes as 4999 prescribed by s. 255.05 or by rules of the State Board of 5000 Colleges relating to the type of contract involved. It is the 5001 duty of the Florida College System institution board of trustees 5002 to require construction contractors to provide a bond adequate 5003 to protect the board and the board’s funds involved. 5004 Section 89. Section 1010.08, Florida Statutes, is amended 5005 to read: 5006 1010.08 Promotion and public relations; funding.— 5007 (1) Each district school boardand Florida College System5008institution board of trusteesmay budget and use a portion of 5009 the funds accruing to it from auxiliary enterprises and 5010 undesignated gifts for promotion and public relations as 5011 prescribed by rules of the State Board of Education. Such funds 5012 may be used to provide hospitality to business guests in the 5013 district or elsewhere. However, such hospitality expenses may 5014 not exceed the amount authorized for such contingency funds as 5015 prescribed by rules of the State Board of Education. 5016 (2) Each Florida College System institution board of 5017 trustees may budget and use a portion of the funds accruing to 5018 it from auxiliary enterprises and undesignated gifts for 5019 promotion and public relations as prescribed by rules of the 5020 State Board of Colleges. Such funds may be used to provide 5021 hospitality to business guests in the district or elsewhere. 5022 However, such hospitality expenses may not exceed the amount 5023 authorized for such contingency funds as prescribed by rules of 5024 the State Board of Colleges. 5025 Section 90. Subsection (1) of section 1010.09, Florida 5026 Statutes, is amended, and subsection (3) is added to that 5027 section, to read: 5028 1010.09 Direct-support organizations.— 5029 (1) School districtand Florida College System institution5030 direct-support organizations shall be organized and conducted 5031 under the provisions of ss. 1001.453 and 1004.70 and rules of 5032 the State Board of Education, as applicable. 5033 (3) Florida College System institution direct-support 5034 organizations shall be organized and conducted under s. 1004.70 5035 and rules of the State Board of Colleges. 5036 Section 91. Section 1010.22, Florida Statutes, is amended 5037 to read: 5038 1010.22 Cost accounting and reporting for workforce 5039 education.— 5040 (1)(a) Each school districtand each Florida College System5041institutionshall account for expenditures of all state, local, 5042 federal, and other funds in the manner prescribed by the State 5043 Board of Education. 5044 (b) Each Florida College System institution shall account 5045 for expenditures of all state, local, federal, and other funds 5046 in the manner prescribed by the State Board of Colleges. 5047 (2)(a) Each school districtand each Florida College System5048institutionshall report expenditures for workforce education in 5049 accordance with requirements prescribed by the State Board of 5050 Education. 5051 (b) Each Florida College System institution shall report 5052 expenditures for workforce education in accordance with 5053 requirements prescribed by the State Board of Colleges. 5054 (3) The Department of Education, in cooperation with school 5055 districts and Florida College System institutions, shall develop 5056 and maintain a database of valid comparable information on 5057 workforce education which will meet both state and local needs. 5058 Section 92. Subsection (1) of section 1010.30, Florida 5059 Statutes, is amended to read: 5060 1010.30 Audits required.— 5061 (1) School districts, Florida College System institutions,5062 and other institutions and agencies under the supervision of the 5063 State Board of Education, Florida College System institutions 5064 under the supervision of the State Board of Colleges, and state 5065 universities under the supervision of the Board of Governors are 5066 subject to the audit provisions of ss. 11.45 and 218.39. 5067 Section 93. Subsection (1) of section 1010.58, Florida 5068 Statutes, is amended to read: 5069 1010.58 Procedure for determining number of instruction 5070 units for Florida College System institutions.—The number of 5071 instruction units for Florida College System institutions shall 5072 be determined from the full-time equivalent students in the 5073 Florida College System institution, provided that full-time 5074 equivalent students may not be counted more than once in 5075 determining instruction units. Instruction units for Florida 5076 College System institutions shall be computed as follows: 5077 (1) One unit for each 12 full-time equivalent students at a 5078 Florida College System institution for the first 420 students 5079 and one unit for each 15 full-time equivalent students for all 5080 over 420 students, in other than career education programs as 5081 defined by rules of the State Board of CollegesEducation, and 5082 one unit for each 10 full-time equivalent students in career 5083 education programs and compensatory education programs as 5084 defined by rules of the State Board of CollegesEducation. Full 5085 time equivalent students enrolled in a Florida College System 5086 institution shall be defined by rules of the State Board of 5087 CollegesEducation. 5088 Section 94. Subsections (2), (3), and (4) of section 5089 1011.01, Florida Statutes, are amended to read: 5090 1011.01 Budget system established.— 5091 (2)(a) There isshall beestablished in each school 5092 districtand Florida College System institutiona budget system 5093 as prescribed by law and rules of the State Board of Education. 5094 (b) There isshall beestablished in each state university 5095 a budget system as prescribed by law and rules of the Board of 5096 Governors. 5097 (c) There is established in each Florida College System 5098 institution a budget system as prescribed by law and rules of 5099 the State Board of Colleges. 5100 (3)(a) Each district school boardand each Florida College5101System institution board of trusteesshall prepare, adopt, and 5102 submit to the Commissioner of Education an annual operating 5103 budget. Operating budgets mustshallbe prepared and submitted 5104 in accordance with the provisions of law, rules of the State 5105 Board of Education, the General Appropriations Act, and for 5106 district school boards in accordance with the provisions of ss. 5107 200.065 and 1011.64. 5108 (b) Each state university board of trustees shall prepare, 5109 adopt, and submit to the Chancellor of the State University 5110 System for review an annual operating budget in accordance with 5111 provisions of law, rules of the Board of Governors, and the 5112 General Appropriations Act. 5113 (c) Each Florida College System institution board of 5114 trustees shall prepare, adopt, and submit to the State Board of 5115 Colleges an annual operating budget in accordance with 5116 provisions of law, rules of the State Board of Colleges, and the 5117 General Appropriations Act. 5118 (4) The State Board of Education shall coordinate with the 5119 Board of Governors and the State Board of Colleges to facilitate 5120 the budget system requirements of this section. The State Board 5121 of Colleges exclusively retains the review and approval powers 5122 of this section for Florida College System institutions. The 5123 Board of Governors exclusively retains the review and approval 5124 powers of this section for state universities. 5125 Section 95. Section 1011.011, Florida Statutes, is amended 5126 to read: 5127 1011.011 Legislative capital outlay budget request.—The 5128 State Board of Education shall submit an integrated, 5129 comprehensive budget request for educational facilities 5130 construction and fixed capital outlay needs for school 5131 districts, and, in conjunction with the State Board of Colleges 5132 for Florida College System institutions,and, in conjunction5133 with the Board of Governors for state,universities, pursuant to 5134 this section and s. 1013.46 and applicable provisions of chapter 5135 216. 5136 Section 96. Section 1011.30, Florida Statutes, is amended 5137 to read: 5138 1011.30 Budgets for Florida College System institutions. 5139 Each Florida College System institution president shall 5140 recommend to the Florida College System institution board of 5141 trustees a budget of income and expenditures at such time and in 5142 such form as the State Board of CollegesEducationmay 5143 prescribe. Upon approval of a budget by the Florida College 5144 System institution board of trustees, such budget mustshallbe 5145 transmitted to the State Board of CollegesDepartment of5146Educationfor review. Rules of the State Board of Colleges must 5147Education shallprescribe procedures for effecting budget 5148 amendments subsequent to the final approval of a budget for a 5149 given year. 5150 Section 97. Subsections (8), (9), and (12) of section 5151 1011.32, Florida Statutes, are amended to read: 5152 1011.32 Florida College System Institution Facility 5153 Enhancement Challenge Grant Program.— 5154 (8) By October 15 of each year, the State Board of Colleges 5155Educationshall transmit to the Governor and the Legislature a 5156 list of projects that meet all eligibility requirements to 5157 participate in the Florida College System Institution Facility 5158 Enhancement Challenge Grant Program and a budget request that 5159 includes the recommended schedule necessary to complete each 5160 project. 5161 (9) In order for a project to be eligible under this 5162 program, it must be survey recommended under the provisions of 5163 s. 1013.31 and included in the Florida College System 5164 institution’s 5-year capital improvement plan, and it must 5165 receive approval from the State Board of CollegesEducationor 5166 the Legislature. 5167 (12) The surveys, architectural plans, facility, and 5168 equipment shall be the property of the participating Florida 5169 College System institution. A facility constructed under this 5170 section may be named in honor of a donor at the option of the 5171 Florida College System institution district board of trustees. A 5172 facility may not be named after a living person without prior 5173 approval by the State Board of CollegesEducation. 5174 Section 98. Subsection (2), paragraph (b) of subsection 5175 (5), and subsections (8), (9), and (11) of section 1011.80, 5176 Florida Statutes, are amended to read: 5177 1011.80 Funds for operation of workforce education 5178 programs.— 5179 (2) Any workforce education program may be conducted by a 5180 Florida College System institution or a school district, except 5181 that college credit in an associate in applied science or an 5182 associate in science degree may be awarded only by a Florida 5183 College System institution. However, if an associate in applied 5184 science or an associate in science degree program contains 5185 within it an occupational completion point that confers a 5186 certificate or an applied technology diploma, that portion of 5187 the program may be conducted by a school district career center. 5188 Any instruction designed to articulate to a degree program is 5189 subject to guidelines and standards adopted by the State Board 5190 of CollegesEducationpursuant to s. 1007.25. 5191 (5) State funding and student fees for workforce education 5192 instruction shall be established as follows: 5193 (b) For all other workforce education programs, state 5194 funding shall equal 75 percent of the average cost of 5195 instruction with the remaining 25 percent made up from student 5196 fees. Fees for courses within a program shall not vary according 5197 to the cost of the individual program, but instead shall be 5198 based on a uniform fee calculated and set at the state level, as 5199 adopted by the State Board of Education, for school districts, 5200 and the State Board of Colleges, for Florida College System 5201 institutions, unless otherwise specified in the General 5202 Appropriations Act. 5203 (8) The State Board of Education, the State Board of 5204 Colleges, and CareerSource Florida, Inc., shall provide the 5205 Legislature with recommended formulas, criteria, timeframes, and 5206 mechanisms for distributing performance funds. The commissioner 5207 shall consolidate the recommendations and develop a consensus 5208 proposal for funding. The Legislature shall adopt a formula and 5209 distribute the performance funds to the State Board of Colleges 5210Educationfor Florida College System institutions and to the 5211 State Board of Education for school districts through the 5212 General Appropriations Act. These recommendations shall be based 5213 on formulas that would discourage low-performing or low-demand 5214 programs and encourage through performance-funding awards: 5215 (a) Programs that prepare people to enter high-wage 5216 occupations identified by the Workforce Estimating Conference 5217 created by s. 216.136 and other programs as approved by 5218 CareerSource Florida, Inc. At a minimum, performance incentives 5219 shall be calculated for adults who reach completion points or 5220 complete programs that lead to specified high-wage employment 5221 and to their placement in that employment. 5222 (b) Programs that successfully prepare adults who are 5223 eligible for public assistance, economically disadvantaged, 5224 disabled, not proficient in English, or dislocated workers for 5225 high-wage occupations. At a minimum, performance incentives 5226 shall be calculated at an enhanced value for the completion of 5227 adults identified in this paragraph and job placement of such 5228 adults upon completion. In addition, adjustments may be made in 5229 payments for job placements for areas of high unemployment. 5230 (c) Programs that are specifically designed to be 5231 consistent with the workforce needs of private enterprise and 5232 regional economic development strategies, as defined in 5233 guidelines set by CareerSource Florida, Inc. CareerSource 5234 Florida, Inc., shall develop guidelines to identify such needs 5235 and strategies based on localized research of private employers 5236 and economic development practitioners. 5237 (d) Programs identified by CareerSource Florida, Inc., as 5238 increasing the effectiveness and cost efficiency of education. 5239 (9) School districts shall report full-time equivalent 5240 students by discipline category for the programs specified in 5241 subsection (1). There shall be an annual cost analysis for the 5242 school district workforce education programs that reports cost 5243 by discipline category consistent with the reporting for full 5244 time equivalent students. The annual financial reports submitted 5245 by the school districts must accurately report on the student 5246 fee revenues by fee type according to the programs specified in 5247 subsection (1). The Department of Education and the State Board 5248 of Colleges shall develop a plan for comparable reporting of 5249 program, student, facility, personnel, and financial data 5250 between the Florida College System institutions and the school 5251 district workforce education programs. 5252 (11) The State Board of Education and the State Board of 5253 Colleges may adopt rules to administer this section. 5254 Section 99. Subsections (2) and (3) of section 1011.801, 5255 Florida Statutes, are amended to read: 5256 1011.801 Workforce Development Capitalization Incentive 5257 Grant Program.—The Legislature recognizes that the need for 5258 school districts and Florida College System institutions to be 5259 able to respond to emerging local or statewide economic 5260 development needs is critical to the workforce development 5261 system. The Workforce Development Capitalization Incentive Grant 5262 Program is created to provide grants to school districts and 5263 Florida College System institutions on a competitive basis to 5264 fund some or all of the costs associated with the creation or 5265 expansion of workforce development programs that serve specific 5266 employment workforce needs. 5267 (2) The State Board of Education shall accept applications 5268 from school districts, and the State Board of Colleges shall 5269 accept applications fromorFlorida College System institutions, 5270 for workforce development capitalization incentive grants. 5271 Applications from school districts or Florida College System 5272 institutions mustshallcontain projected enrollments and 5273 projected costs for the new or expanded workforce development 5274 program. The State Board of Education or the State Board of 5275 Colleges, as appropriate, in consultation with CareerSource 5276 Florida, Inc., shall review and rank each application for a 5277 grant according to subsection (3) and shall submit to the 5278 Legislature a list in priority order of applications recommended 5279 for a grant award. 5280 (3) The State Board of Education or the State Board of 5281 Colleges, as appropriate, shall give highest priority to 5282 programs that train people to enter high-skill, high-wage 5283 occupations identified by the Workforce Estimating Conference 5284 and other programs approved by CareerSource Florida, Inc.; 5285 programs that train people to enter occupations under the 5286 welfare transition program; or programs that train for the 5287 workforce adults who are eligible for public assistance, 5288 economically disadvantaged, disabled, not proficient in English, 5289 or dislocated workers. The State Board of Education or the State 5290 Board of Colleges, as appropriate, shall consider the statewide 5291 geographic dispersion of grant funds in ranking the applications 5292 and shall give priority to applications from education agencies 5293 that are making maximum use of their workforce development 5294 funding by offering high-performing, high-demand programs. 5295 Section 100. Subsection (2) of section 1011.81, Florida 5296 Statutes, is amended to read: 5297 1011.81 Florida College System Program Fund.— 5298 (2) Performance funding for industry certifications for 5299 Florida College System institutions is contingent upon specific 5300 appropriation in the General Appropriations Act and shall be 5301 determined as follows: 5302 (a) Occupational areas for which industry certifications 5303 may be earned, as established in the General Appropriations Act, 5304 are eligible for performance funding. Priority shall be given to 5305 the occupational areas emphasized in state, national, or 5306 corporate grants provided to Florida educational institutions. 5307 (b) The Chancellor of the Florida College System, for the 5308 Florida College System institutions, shall identify the industry 5309 certifications eligible for funding on the CAPE Postsecondary 5310 Industry Certification Funding List approved by the State Board 5311 of CollegesEducationpursuant to s. 1008.44, based on the 5312 occupational areas specified in the General Appropriations Act. 5313 (c) Each Florida College System institution shall be 5314 provided $1,000 for each industry certification earned by a 5315 student. The maximum amount of funding appropriated for 5316 performance funding pursuant to this subsection shall be limited 5317 to $15 million annually. If funds are insufficient to fully fund 5318 the calculated total award, such funds shall be prorated. 5319 Section 101. Subsection (1) of section 1011.82, Florida 5320 Statutes, is amended to read: 5321 1011.82 Requirements for participation in Florida College 5322 System Program Fund.—Each Florida College System institution 5323 district which participates in the state appropriations for the 5324 Florida College System Program Fund shall provide evidence of 5325 its effort to maintain an adequate Florida College System 5326 institution program which shall: 5327 (1) Meet the minimum standards prescribed by the State 5328 Board of CollegesEducationin accordance with s. 1001.602(5)s.53291001.02(6). 5330 Section 102. Section 1011.83, Florida Statutes, is amended 5331 to read: 5332 1011.83 Financial support of Florida College System 5333 institutions.— 5334 (1) Each Florida College System institution thathas been5335approved by the Department of Education andmeets the 5336 requirements of law and rules of the State Board of Colleges 5337Educationshall participate in the Florida College System 5338 Program Fund. However, funds to support workforce education 5339 programs conducted by Florida College System institutions shall 5340 be provided pursuant to s. 1011.80. 5341 (2) A student in a baccalaureate degree program approved 5342 pursuant to s. 1007.33 who is not classified as a resident for 5343 tuition purposes pursuant to s. 1009.21 may not be included in 5344 calculations of full-time equivalent enrollments for state 5345 funding purposes. 5346 Section 103. Section 1011.84, Florida Statutes, is amended 5347 to read: 5348 1011.84 Procedure for determining state financial support 5349 and annual apportionment of state funds to each Florida College 5350 System institution district.—The procedure for determining state 5351 financial support and the annual apportionment to each Florida 5352 College System institution district authorized to operate a 5353 Florida College System institution under the provisions of s. 5354 1001.61 shall be as follows: 5355 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA 5356 COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.— 5357 (a) The State Board of CollegesDepartment of Education5358 shall determine annually, from an analysis of operating costs, 5359prepared in the manner prescribed by rules of the State Board of5360Education,the costs per full-time equivalent student served in 5361 courses and fields of study offered in Florida College System 5362 institutions. This information and current college operating 5363 budgets shall be submitted to the Executive Office of the 5364 Governor with the legislative budget request prior to each 5365 regular session of the Legislature. 5366 (b) The allocation of funds for Florida College System 5367 institutions mustshallbe based on advanced and professional 5368 disciplines, developmental education, and other programs for 5369 adults funded pursuant to s. 1011.80. 5370 (c) The category of lifelong learning is for students 5371 enrolled pursuant to s. 1004.93. A student shall also be 5372 reported as a lifelong learning student for his or her 5373 enrollment in any course that he or she has previously taken, 5374 unless it is a credit course in which the student earned a grade 5375 of D or F. 5376 (d) If an adult student has been determined to be a 5377 disabled student eligible for an approved educational program 5378 for disabled adults provided pursuant to s. 1004.93 and rules of 5379 the State Board of CollegesEducationand is enrolled in a class 5380 with curriculum frameworks developed for the program, state 5381 funding for that student shall be provided at a level double 5382 that of a student enrolled in a special adult general education 5383 program provided by a Florida College System institution. 5384 (e) All state inmate education provided by Florida College 5385 System institutions shall be reported by program, FTE 5386 expenditure, and revenue source. These enrollments, 5387 expenditures, and revenues shall be reported and projected 5388 separately. Instruction of state inmates mayshallnot be 5389 included in the full-time equivalent student enrollment for 5390 funding through the Florida College System Program Fund. 5391 (f) When a public educational institution has been fully 5392 funded by an external agency for direct instructional costs of 5393 any course or program, the FTE generated mayshallnot be 5394 reported for state funding. 5395 (g) The State Board of Education shall adopt rules to 5396 implement s. 9(d)(8)f., Art. XII of the State Constitution. 5397 These rules shall provide for the use of the funds available 5398 under s. 9(d)(8)f., Art. XII by an individual Florida College 5399 System institution for operating expense in any fiscal year 5400 during which the State Board of Education has determined that 5401 all major capital outlay needs have been met. Highest priority 5402 for the use of these funds for purposes other than financing 5403 approved capital outlay projects shall be for the proper 5404 maintenance and repair of existing facilities for projects 5405 approved by the State Board of Education. However, in any fiscal 5406 year in which funds from this source are authorized for 5407 operating expense other than approved maintenance and repair 5408 projects, the allocation of Florida College System institution 5409 program funds shall be reduced by an amount equal to the sum 5410 used for such operating expense for that Florida College System 5411 institution that year, and that amount shall not be released or 5412 allocated among the other Florida College System institutions 5413 that year. 5414 (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL 5415 OUTLAY AND DEBT SERVICE.—The amount included for capital outlay 5416 and debt service shall be as determined and provided in s. 18, 5417 Art. XII of the State Constitution of 1885, as adopted by s. 5418 9(d), Art. XII of the 1968 revised State Constitution and State 5419 Board of Education rules. 5420 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.— 5421 (a) By December 15 of each year, the State Board of 5422 CollegesDepartment of Educationshall estimate the annual 5423 enrollment of each Florida College System institution for the 5424 current fiscal year and for the 3 subsequent fiscal years. These 5425 estimates shall be based upon prior years’ enrollments, upon the 5426 initial fall term enrollments for the current fiscal year for 5427 each college, and upon each college’s estimated current 5428 enrollment and demographic changes in the respective Florida 5429 College System institution districts. Upper-division enrollment 5430 shall be estimated separately from lower-division enrollment. 5431 (b) The apportionment to each Florida College System 5432 institution from the Florida College System Program Fund shall 5433 be determined annually in the General Appropriations Act. In 5434 determining each college’s apportionment, the Legislature shall 5435 consider the following components: 5436 1. Base budget, which includes the state appropriation to 5437 the Florida College System Program Fund in the current year plus 5438 the related student tuition and out-of-state fees assigned in 5439 the current General Appropriations Act. 5440 2. The cost-to-continue allocation, which consists of 5441 incremental changes to the base budget, including salaries, 5442 price levels, and other related costs allocated through a 5443 funding model approved by the Legislature which may recognize 5444 differing economic factors arising from the individual 5445 educational approaches of the various Florida College System 5446 institutions, including, but not limited to: 5447 a. Direct Instructional Funding, including class size, 5448 faculty productivity factors, average faculty salary, ratio of 5449 full-time to part-time faculty, costs of programs, and 5450 enrollment factors. 5451 b. Academic Support, including small colleges factor, 5452 multicampus factor, and enrollment factor. 5453 c. Student Services Support, including headcount of 5454 students as well as FTE count and enrollment factors. 5455 d. Library Support, including volume and other 5456 materials/audiovisual requirements. 5457 e. Special Projects. 5458 f. Operations and Maintenance of Plant, including square 5459 footage and utilization factors. 5460 g. District Cost Differential. 5461 3. Students enrolled in a recreation and leisure program 5462 and students enrolled in a lifelong learning program who may not 5463 be counted as full-time equivalent enrollments for purposes of 5464 enrollment workload adjustments. 5465 4. Operating costs of new facilities adjustments, which 5466 shall be provided, from funds available, for each new facility 5467 that is owned by the college and is recommended in accordance 5468 with s. 1013.31. 5469 5. New and improved program enhancements, which shall be 5470 determined by the Legislature. 5471 5472 Student fees in the base budget plus student fee revenues 5473 generated by increases in fee rates shall be deducted from the 5474 sum of the components determined in subparagraphs 1.-5. The 5475 amount remaining shall be the net annual state apportionment to 5476 each college. 5477 (c) ANoFlorida College System institution may notshall5478 commit funds for the employment of personnel or resources in 5479 excess of those required to continue the same level of support 5480 for either the previously approved enrollment or the revised 5481 enrollment, whichever is lower. 5482 (d) The apportionment to each Florida College System 5483 institution district for capital outlay and debt service shall 5484 be the amount determined in accordance with subsection (2). This 5485 amount, less any amount determined as necessary for 5486 administrative expense by the State Board of Education and any 5487 amount necessary for debt service on bonds issued by the State 5488 Board of Education, shall be transmitted to the Florida College 5489 System institution board of trustees to be expended in a manner 5490 prescribed by rules of the State Board of Education. 5491 (e) If at any time the unencumbered balance in the general 5492 fund of the Florida College System institution board of trustees 5493 approved operating budget goes below 5 percent, the president 5494 shall provide written notification to the State Board of 5495 Education. 5496 (f) Expenditures for apprenticeship programs mustshallbe 5497 reported separately. 5498 (g) Expenditures for upper-division enrollment in a Florida 5499 College System institution that grants baccalaureate degrees 5500 mustshallbe reported separately from expenditures for lower 5501 division enrollment, in accordance with law and State Board of 5502 Education rule. 5503 (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated 5504 herein to any Florida College System institution mustshallbe 5505 expended only for the purpose of supporting that Florida College 5506 System institution. 5507 (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida College 5508 System institution board of trustees shall report, as a separate 5509 item in its annual cost accounting system, the volume and cost 5510 of developmental education options provided to help students 5511 attain the communication and computation skills that are 5512 essential for college-level work pursuant to s. 1008.30. 5513 Section 104. Subsections (1), (3), (4), (6), (7), (8), 5514 (10), and (11) of section 1011.85, Florida Statutes, are amended 5515 to read: 5516 1011.85 Dr. Philip Benjamin Matching Grant Program for 5517 Florida College System Institutions.— 5518 (1) There is created the Dr. Philip Benjamin Matching Grant 5519 Program for Florida College System Institutions as a single 5520 matching gifts program that encompasses the goals originally set 5521 out in the Academic Improvement Program, the Scholarship 5522 Matching Program, and the Health Care Education Quality 5523 Enhancement Challenge Grant. The program shall be administered 5524 according to rules of the State Board of CollegesEducationand 5525 used to encourage private support in enhancing Florida College 5526 System institutions by providing the Florida College System with 5527 the opportunity to receive and match challenge grants. Funds 5528 received prior to the effective date of this act for each of the 5529 three programs shall be retained in the separate account for 5530 which it was designated. 5531 (3) Upon approval by the Florida College System institution 5532 board of trustees and the State Board of CollegesEducation, the 5533 ordering of donations for priority listing of unmatched gifts 5534 should be determined by the submitting Florida College System 5535 institution. 5536 (4) Each year, eligible contributions received by a Florida 5537 College System institution’s foundation or the State Board of 5538 CollegesEducationby February 1 shall be eligible for state 5539 matching funds. 5540 (a) Each Florida College System institution board of 5541 trustees and, when applicable, the Florida College System 5542 Institution Foundation Board, receiving state appropriations 5543 under this program shall also certify in an annual report to the 5544 State Board of CollegesEducationthe receipt of eligible cash 5545 contributions that were previously unmatched by the state. The 5546 State Board of Education shall adopt rules providing all Florida 5547 College System institutions with an opportunity to apply for 5548 excess funds before the awarding of such funds. 5549 (b) Florida College System institutions must submit to the 5550 State Board of CollegesEducationan annual expenditure report 5551 tracking the use of all matching funds. 5552 (c) The audit of each foundation receiving state funds from 5553 this program must include a certification of accuracy in the 5554 amount reported for matching funds. 5555 (6) Otherwise, funds mustshallbe proportionately 5556 allocated to the Florida College System institutions on the 5557 basis of matching each $6 of local or private funds with $4 of 5558 state funds. To be eligible, a minimum of $4,500 must be raised 5559 from private sources. 5560 (7) The Florida College System institution board of 5561 trustees, in conjunction with the donor, shall determinemake5562the determination ofwhether scholarships established pursuant 5563 to this program are endowed. 5564 (8)(a) Funds sufficient to provide the match shall be 5565 transferred from the state appropriations to the local Florida 5566 College System institution foundation or the statewide Florida 5567 College System institution foundation upon notification that a 5568 proportionate amount has been received and deposited by a 5569 Florida College System institution in its own trust fund. 5570 (b) If state funds appropriated for the program are 5571 insufficient to match contributions, the amount allocated must 5572shallbe reduced in proportion to its share of the total 5573 eligible contributions. However, in making proportional 5574 reductions, every Florida College System institution shall 5575 receive a minimum of $75,000 in state matching funds if its 5576 eligible contributions would have generated an amount at least 5577 equal to $75,000. All unmet contributions mustshallbe eligible 5578 for state matching funds in subsequent fiscal years. 5579 (10) The State Board of CollegesEducationmay receive 5580 submissions of requests for matching funds and documentation 5581 relating to those requests, may approve requests for matching 5582 funds, and may allocate such funds to the Florida College System 5583 institutions. 5584 (11) The board of trustees of the Florida College System 5585 institution and the State Board of CollegesEducationare 5586 responsible for determining the uses for the proceeds of their 5587 respective trust funds. Such use of the proceeds shall include, 5588 but not be limited to, expenditure of the funds for: 5589 (a) Scientific and technical equipment. 5590 (b) Scholarships, loans, or need-based grants. 5591 (c) Other activities that will benefit future students as 5592 well as students currently enrolled at the Florida College 5593 System institution, will improve the quality of education at the 5594 Florida College System institution, or will enhance economic 5595 development in the community. 5596 Section 105. Subsection (1) of section 1012.01, Florida 5597 Statutes, is amended to read: 5598 1012.01 Definitions.—As used in this chapter, the following 5599 terms have the following meanings: 5600 (1) SCHOOL OFFICERS.—The officers of the state system of 5601 public K-12and Florida College System institutioneducation 5602 shall be the Commissioner of Education and the members of the 5603 State Board of Education; for the Florida College System, the 5604 officers shall be the Chancellor of the Florida College System 5605 and the members of the State Board of Colleges; for each 5606 district school system, the officers shall be the district 5607 school superintendent and members of the district school board; 5608 and for each Florida College System institution, the officers 5609 shall be the Florida College System institution president and 5610 members of the Florida College System institution board of 5611 trustees. 5612 Section 106. Paragraph (a) of subsection (1) of section 5613 1012.80, Florida Statutes, is amended to read: 5614 1012.80 Participation by employees in disruptive activities 5615 at public postsecondary educational institutions; penalties.— 5616 (1)(a) Any person who accepts the privilege extended by the 5617 laws of this state of employment at any Florida College System 5618 institution shall, by working at such institution, be deemed to 5619 have given his or her consent to the policies of that 5620 institution, the policies of the State Board of Colleges 5621Education, and the laws of this state. Such policies shall 5622 include prohibition against disruptive activities at Florida 5623 College System institutions. 5624 Section 107. Subsection (1) of section 1012.81, Florida 5625 Statutes, is amended to read: 5626 1012.81 Personnel records.— 5627 (1) The State Board of CollegesEducationshall adopt rules 5628 prescribing the content and custody of limited-access records 5629 that a Florida College System institution may maintain on its 5630 employees. Limited-access employee records are confidential and 5631 exempt fromthe provisions ofs. 119.07(1). Limited-access 5632 records include only the following: 5633 (a) Records containing information reflecting academic 5634 evaluations of employee performance; however, the employee and 5635 officials of the institution responsible for supervision of the 5636 employee shall have access to such records. 5637 (b) Records maintained for the purposes of any 5638 investigation of employee misconduct, including, but not limited 5639 to, a complaint against an employee and all information obtained 5640 pursuant to the investigation of such complaint; however, these 5641 records become public after the investigation ceases to be 5642 active or when the institution provides written notice to the 5643 employee who is the subject of the complaint that the 5644 institution has either: 5645 1. Concluded the investigation with a finding not to 5646 proceed with disciplinary action; 5647 2. Concluded the investigation with a finding to proceed 5648 with disciplinary action; or 5649 3. Issued a letter of discipline. 5650 5651 For the purpose of this paragraph, an investigation shall be 5652 considered active as long as it is continuing with a reasonable, 5653 good faith anticipation that a finding will be made in the 5654 foreseeable future. An investigation shall be presumed to be 5655 inactive if no finding is made within 90 days after the 5656 complaint is filed. 5657 (c) Records maintained for the purposes of any disciplinary 5658 proceeding brought against an employee; however, these records 5659 shall be open to inspection by the employee and shall become 5660 public after a final decision is made in the proceeding. 5661 (d) Records maintained for the purposes of any grievance 5662 proceeding brought by an employee for enforcement of a 5663 collective bargaining agreement or contract; however, these 5664 records shall be open to inspection by the employee and by 5665 officials of the institution conducting the grievance proceeding 5666 and shall become public after a final decision is made in the 5667 proceeding. 5668 Section 108. Subsection (1) of section 1012.83, Florida 5669 Statutes, is amended to read: 5670 1012.83 Contracts with administrative and instructional 5671 staff.— 5672 (1) Each person employed in an administrative or 5673 instructional capacity in a Florida College System institution 5674 shall be entitled to a contract as provided by rules of the 5675 State Board of CollegesEducation. 5676 Section 109. Paragraph (a) of subsection (1) of section 5677 1012.855, Florida Statutes, is amended to read: 5678 1012.855 Employment of Florida College System institution 5679 personnel; discrimination in granting salary prohibited.— 5680 (1)(a) Employment of all personnel in each Florida College 5681 System institution shall be upon recommendation of the 5682 president, subject to rejection for cause by the Florida College 5683 System institution board of trustees; to the rules of the State 5684 Board of CollegesEducationrelative to certification, tenure, 5685 leaves of absence of all types, including sabbaticals, 5686 remuneration, and such other conditions of employment as the 5687 State Board of CollegesEducationdeems necessary and proper; 5688 and to policies of the Florida College System institution board 5689 of trustees not inconsistent with law. 5690 Section 110. Subsection (1), paragraph (a) of subsection 5691 (2), paragraph (b) of subsection (3), and subsections (4), (5), 5692 and (6) of section 1012.86, Florida Statutes, are amended to 5693 read: 5694 1012.86 Florida College System institution employment 5695 equity accountability program.— 5696 (1) Each Florida College System institution shall include 5697 in its annual equity update a plan for increasing the 5698 representation of women and minorities in senior-level 5699 administrative positions and in full-time faculty positions, and 5700 for increasing the representation of women and minorities who 5701 have attained continuing-contract status. Positions shall be 5702 defined in the personnel data element directory of the 5703 Department of Education. The plan must include specific 5704 measurable goals and objectives, specific strategies and 5705 timelines for accomplishing these goals and objectives, and 5706 comparable national standards as provided by the Department of 5707 Education. The goals and objectives shall be based on meeting or 5708 exceeding comparable national standards and shall be reviewed 5709 and recommended by the State Board of CollegesEducationas 5710 appropriate. Such plans shall be maintained until appropriate 5711 representation has been achieved and maintained for at least 3 5712 consecutive reporting years. 5713 (2)(a) On or before May 1 of each year, each Florida 5714 College System institution president shall submit an annual 5715 employment accountability plan to the Chancellor of the Florida 5716 College System and the State Board of CollegesCommissioner of5717Education and the State Board of Education. The accountability 5718 plan must show faculty and administrator employment data 5719 according to requirements specified on the federal Equal 5720 Employment Opportunity (EE0-6) report. 5721 (3) Florida College System institution presidents and the 5722 heads of each major administrative division shall be evaluated 5723 annually on the progress made toward meeting the goals and 5724 objectives of the Florida College System institution’s 5725 employment accountability plan. 5726 (b) Florida College System institution boards of trustees 5727 shall annually evaluate the performance of the Florida College 5728 System institution presidents in achieving the annual and long 5729 term goals and objectives. A summary of the results of such 5730 evaluations shall be reported to the State Board of Colleges 5731Commissioner of Education and the State Board of Educationas 5732 part of the Florida College System institution’s annual 5733 employment accountability plan, and to the Legislature as part 5734 of the annual equity progress report submitted by the State 5735 Board of CollegesEducation. 5736 (4) The State Board of CollegesEducationshall submit an 5737 annual equity progress report to the President of the Senate and 5738 the Speaker of the House of Representatives on or before January 5739 1 of each year. 5740 (5) Each Florida College System institution shall develop a 5741 budgetary incentive plan to support and ensure attainment of the 5742 goals developed pursuant to this section. The plan shall 5743 specify, at a minimum, how resources shall be allocated to 5744 support the achievement of goals and the implementation of 5745 strategies in a timely manner. After prior review and approval 5746 by the Florida College System institution president and the 5747 Florida College System institution board of trustees, the plan 5748 shall be submitted as part of the annual employment 5749 accountability plan submitted by each Florida College System 5750 institution to the State Board of CollegesEducation. 5751 (6) Subject to available funding, the Legislature shall 5752 provide an annual appropriation to the State Board of Colleges 5753Educationto be allocated to Florida College System institution 5754 presidents, faculty, and administrative personnel to further 5755 enhance equity initiatives and related priorities that support 5756 the mission of colleges and departments in recognition of the 5757 attainment of the equity goals and objectives. 5758 Section 111. Subsection (3) of section 1013.01, Florida 5759 Statutes, is amended to read: 5760 1013.01 Definitions.—The following terms shall be defined 5761 as follows for the purpose of this chapter: 5762 (3) “Board,” unless otherwise specified, means a district 5763 school board, a Florida College System institution board of 5764 trustees, a university board of trustees, and the Board of 5765 Trustees for the Florida School for the Deaf and the Blind. The 5766 term “board” does not include the State Board of Education,or5767 the Board of Governors, or the State Board of Colleges. 5768 Section 112. Subsection (2) of section 1013.02, Florida 5769 Statutes, is amended to read: 5770 1013.02 Purpose; rules and regulations.— 5771 (2)(a) The State Board of Education shall adopt rules 5772 pursuant to ss. 120.536(1) and 120.54 to implementthe5773provisions ofthis chapter for school districtsand Florida5774College System institutions. 5775 (b) The Board of Governors shall adopt regulations pursuant 5776 to its regulation development procedure to implementthe5777provisions ofthis chapter for state universities. 5778 (c) The State Board of Colleges shall adopt rules pursuant 5779 to ss. 120.536(1) and 120.54 to implement this chapter for 5780 Florida College System institutions. 5781 Section 113. Section 1013.03, Florida Statutes, is amended 5782 to read: 5783 1013.03 Functions of the department, the State Board of 5784 Colleges, and the Board of Governors.—The functions of the 5785 Department of Education as it pertains to educational facilities 5786 of school districts, of the State Board of Colleges as it 5787 pertains to educational facilities ofandFlorida College System 5788 institutions, and of the Board of Governors as it pertains to 5789 educational facilities of state universities shall include, but 5790 not be limited to, the following: 5791 (1) Establish recommended minimum and maximum square 5792 footage standards for different functions and areas and 5793 procedures for determining the gross square footage for each 5794 educational facility to be funded in whole or in part by the 5795 state, including public broadcasting stations but excluding 5796 postsecondary special purpose laboratory space. The gross square 5797 footage determination standards may be exceeded when the core 5798 facility space of an educational facility is constructed or 5799 renovated to accommodate the future addition of classrooms to 5800 meet projected increases in student enrollment. The department, 5801 the State Board of Colleges, and the Board of Governors shall 5802 encourage multiple use of facilities and spaces in educational 5803 plants. 5804 (2) Establish, for the purpose of determining need, 5805 equitably uniform utilization standards for all types of like 5806 space, regardless of the level of education. These standards 5807 shall also establish, for postsecondary education classrooms, a 5808 minimum room utilization rate of 40 hours per week and a minimum 5809 station utilization rate of 60 percent. These rates shall be 5810 subject to increase based on national norms for utilization of 5811 postsecondary education classrooms. 5812 (3) Require boards to submit other educational plant 5813 inventories data and statistical data or information relevant to 5814 construction, capital improvements, and related costs. 5815 (4) Require each board and other appropriate agencies to 5816 submit complete and accurate financial data as to the amounts of 5817 funds from all sources that are available and spent for 5818 construction and capital improvements. The commissioner shall 5819 prescribe the format and the date for the submission of this 5820 data and any other educational facilities data. If any district 5821 does not submit the required educational facilities fiscal data 5822 by the prescribed date, the Commissioner of Education shall 5823 notify the district school board of this fact and, if 5824 appropriate action is not taken to immediately submit the 5825 required report, the district school board shall be directed to 5826 proceed pursuant to s. 1001.42(13)(b). If any Florida College 5827 System institution or university does not submit the required 5828 educational facilities fiscal data by the prescribed date, the 5829 same policy prescribed in this subsection for school districts 5830 shall be implemented. 5831 (5) Administer, under the supervision of the Commissioner 5832 of Education, the Public Education Capital Outlay and Debt 5833 Service Trust Fund and the School District and Community College 5834 District Capital Outlay and Debt Service Trust Fund. 5835 (6) Develop, review, update, revise, and recommend a 5836 mandatory portion of the Florida Building Code for educational 5837 facilities construction and capital improvement by Florida 5838 College System institution boards and district school boards. 5839 (7) Provide training, technical assistance, and building 5840 code interpretation for requirements of the mandatory Florida 5841 Building Code for the educational facilities construction and 5842 capital improvement programs ofthe Florida College System5843institution boards anddistrict school boards and, upon request, 5844 approve phase III construction documents for remodeling, 5845 renovation, or new construction of educational plants or 5846 ancillary facilities, except that Florida College System 5847 institutions and university boards of trustees shall approve 5848 specifications and construction documents for their respective 5849 institutions pursuant to guidelines of the Board of Governors or 5850 State Board of Colleges, as applicable. The Department of 5851 Management Services may, upon request, provide similar services 5852 for the Florida School for the Deaf and the Blind and shall use 5853 the Florida Building Code and the Florida Fire Prevention Code. 5854 (8) Provide minimum criteria, procedures, and training to 5855 boards to conduct educational plant surveys and document the 5856 determination of future needs. 5857 (9) Make available to boards technical assistance, 5858 awareness training, and research and technical publications 5859 relating to lifesafety, casualty, sanitation, environmental, 5860 maintenance, and custodial issues; and, as needed, technical 5861 assistance for survey, planning, design, construction, 5862 operation, and evaluation of educational and ancillary 5863 facilities and plants, facilities administrative procedures 5864 review, and training for new administrators. 5865 (10)(a) Review and validate surveys proposed or amended by 5866 the boards and recommend to the Commissioner of Education, the 5867 Chancellor of the Florida College System, or the Chancellor of 5868 the State University System, as appropriate, for approval, 5869 surveys that meet the requirements of this chapter. 5870 1. The term “validate” as applied to surveys by school 5871 districts means to review inventory data as submitted to the 5872 department by district school boards; provide for review and 5873 inspection, where required, of student stations and aggregate 5874 square feet of inventory changed from satisfactory to 5875 unsatisfactory or changed from unsatisfactory to satisfactory; 5876 compare new school inventory to allocation limits provided by 5877 this chapter; review cost projections for conformity with cost 5878 limits set by s. 1013.64(6); compare total capital outlay full 5879 time equivalent enrollment projections in the survey with the 5880 department’s projections; review facilities lists to verify that 5881 student station and auxiliary facility space allocations do not 5882 exceed the limits provided by this chapter and related rules; 5883 review and confirm the application of uniform facility 5884 utilization factors, where provided by this chapter or related 5885 rules; useutilizethe documentation of programs offered per 5886 site, as submitted by the board, to analyze facility needs; 5887 confirm that need projections for career and adult educational 5888 programs comply with needs documented by the Department of 5889 Education; and confirm the assignment of full-time student 5890 stations to all space except auxiliary facilities, which, for 5891 purposes of exemption from student station assignment, include 5892 the following: 5893 a. Cafeterias. 5894 b. Multipurpose dining areas. 5895 c. Media centers. 5896 d. Auditoriums. 5897 e. Administration. 5898 f. Elementary, middle, and high school resource rooms, up 5899 to the number of such rooms recommended for the applicable 5900 occupant and space design capacity of the educational plant in 5901 the State Requirements for Educational Facilities, beyond which 5902 student stations must be assigned. 5903 g. Elementary school skills labs, up to the number of such 5904 rooms recommended for the applicable occupant and space design 5905 capacity of the educational plant in the State Requirements for 5906 Educational Facilities, beyond which student stations must be 5907 assigned. 5908 h. Elementary school art and music rooms. 5909 5910 The Commissioner of Education may grant a waiver from the 5911 requirements of this subparagraph if a district school board 5912 determines that such waiver will make possible a substantial 5913 savings of funds or will be advantageous to the welfare of the 5914 educational system. The district school board shall present a 5915 full statement to the commissioner which sets forth the facts 5916 that warrant the waiver. If the commissioner denies a request 5917 for a waiver, the district school board may appeal such decision 5918 to the State Board of Education. 5919 2. The term “validate” as applied to surveys by Florida 5920 College System institutions and universities means to review and 5921 document the approval of each new site and official designation, 5922 where applicable; review the inventory database as submitted by 5923 each board to the department, including noncareer, and total 5924 capital outlay full-time equivalent enrollment projections per 5925 site and per college; provide for the review and inspection, 5926 where required, of student stations and aggregate square feet of 5927 space changed from satisfactory to unsatisfactory; useutilize5928 and review the documentation of programs offered per site 5929 submitted by the boards as accurate for analysis of space 5930 requirements and needs; confirm that needs projected for career 5931 and adult educational programs comply with needs documented by 5932 the Department of Education; compare new facility inventory to 5933 allocations limits as provided in this chapter; review cost 5934 projections for conformity with state averages or limits 5935 designated by this chapter; compare student enrollment 5936 projections in the survey to the department’s projections; 5937 review facilities lists to verify that area allocations and 5938 space factors for generating space needs do not exceed the 5939 limits as provided by this chapter and related rules; confirm 5940 the application of facility utilization factors as provided by 5941 this chapter and related rules; and review, as submitted, 5942 documentation of how survey recommendations will implement the 5943 detail of current campus master plans and integrate with local 5944 comprehensive plans and development regulations. 5945 (b) Recommend priority of projects to be funded. 5946 (11) Prepare the commissioner’s comprehensive fixed capital 5947 outlay legislative budget request and provide annually an 5948 estimate of the funds available for developing required 3-year 5949 priority lists. This amount shall be based upon the average 5950 percentage for the 5 prior years of funds appropriated by the 5951 Legislature for fixed capital outlay to each level of public 5952 education: public schools, Florida College System institutions, 5953 and universities. 5954 (12) Perform any other functions that may be involved in 5955 educational facilities construction and capital improvement 5956 which shall ensure that the intent of the Legislature is 5957 implemented. 5958 Section 114. Section 1013.28, Florida Statutes, is amended 5959 to read: 5960 1013.28 Disposal of property.— 5961 (1) REAL PROPERTY.— 5962 (a) Subject to rules of the State Board of Education, a 5963 district school board or,the Board of Trustees for the Florida 5964 School for the Deaf and the Blind, or a Florida College System5965institution board of trusteesmay dispose of any land or real 5966 property to which the board holds title which is, by resolution 5967 of the board, determined to be unnecessary for educational 5968 purposes as recommended in an educational plant survey. A 5969 district school board or,the Board of Trustees for the Florida 5970 School for the Deaf and the Blind, or a Florida College System5971institution board of trusteesshall take diligent measures to 5972 dispose of educational property only in the best interests of 5973 the public. However, appraisals may be obtained by the district 5974 school board or,the Board of Trustees for the Florida School 5975 for the Deaf and the Blind before, or the Florida College System5976institution board of trustees prior toor simultaneously with 5977 the receipt of bids. 5978 (b) Subject to regulations of the Board of Governors, a 5979 state university board of trustees may dispose of any land or 5980 real property to which it holds valid title which is, by 5981 resolution of the state university board of trustees, determined 5982 to be unnecessary for educational purposes as recommended in an 5983 educational plant survey. A state university board of trustees 5984 shall take diligent measures to dispose of educational property 5985 only in the best interests of the public. However, appraisals 5986 may be obtained by the state university board of trustees prior 5987 to or simultaneously with the receipt of bids. 5988 (c) Subject to rules of the State Board of Colleges, a 5989 Florida College System institution board of trustees may dispose 5990 of any land or real property to which it holds valid title which 5991 is, by resolution of the Florida College System institution 5992 board of trustees, determined to be unnecessary for educational 5993 purposes as recommended in an educational plant survey. A 5994 Florida College System institution board of trustees shall take 5995 diligent measures to dispose of educational property only in the 5996 best interests of the public. However, appraisals may be 5997 obtained by the Florida College System institution board of 5998 trustees prior to or simultaneously with the receipt of bids. 5999 (2) TANGIBLE PERSONAL PROPERTY.— 6000 (a) Tangible personal property that has been properly 6001 classified as surplus by a district school boardor Florida6002College System institution board of trusteesshall be disposed 6003 of in accordance with the procedure established by chapter 274. 6004 However, the provisions of chapter 274 shall not be applicable 6005 to a motor vehicle used in driver education to which title is 6006 obtained for a token amount from an automobile dealer or 6007 manufacturer. In such cases, the disposal of the vehicle shall 6008 be as prescribed in the contractual agreement between the 6009 automotive agency or manufacturer and the board. 6010 (b) Tangible personal property that has been properly 6011 classified as surplus by a state university board of trustees 6012 shall be disposed of in accordance with the procedure 6013 established by chapter 273. 6014 (c) Tangible personal property that has been properly 6015 classified as surplus by a Florida College System institution 6016 board of trustees shall be disposed of in accordance with the 6017 procedure established by chapter 274. 6018 Section 115. Subsection (1) of section 1013.31, Florida 6019 Statutes, is amended to read: 6020 1013.31 Educational plant survey; localized need 6021 assessment; PECO project funding.— 6022 (1) At least every 5 years, each board shall arrange for an 6023 educational plant survey, to aid in formulating plans for 6024 housing the educational program and student population, faculty, 6025 administrators, staff, and auxiliary and ancillary services of 6026 the district or campus, including consideration of the local 6027 comprehensive plan. The Department of Education, for school 6028 districts, and the State Board of Colleges, for the Florida 6029 College System, shall document the need for additional career 6030 and adult education programs and the continuation of existing 6031 programs before facility construction or renovation related to 6032 career or adult education may be included in the educational 6033 plant survey of a school district or Florida College System 6034 institution that delivers career or adult education programs. 6035 Information used by the Department of Education or State Board 6036 of Colleges to establish facility needs must include, but need 6037 not be limited to, labor market data, needs analysis, and 6038 information submitted by the school district or Florida College 6039 System institution. 6040 (a) Survey preparation and required data.—Each survey shall 6041 be conducted by the board or an agency employed by the board. 6042 Surveys shall be reviewed and approved by the board, and a file 6043 copy shall be submitted to the Department of Education, the 6044 Chancellor of the Florida College System, or the Chancellor of 6045 the State University System, as appropriate. The survey report 6046 shall include at least an inventory of existing educational and 6047 ancillary plants, including safe access facilities; 6048 recommendations for existing educational and ancillary plants; 6049 recommendations for new educational or ancillary plants, 6050 including the general location of each in coordination with the 6051 land use plan and safe access facilities; campus master plan 6052 update and detail for Florida College System institutions; the 6053 useutilizationof school plants based on an extended school day 6054 or year-round operation; and such other information as may be 6055 required by the Department of Education. This report may be 6056 amended, if conditions warrant, at the request of the department 6057 or commissioner. 6058 (b) Required need assessment criteria for district, Florida 6059 College System institution, state university, and Florida School 6060 for the Deaf and the Blind plant surveys.—Educational plant 6061 surveys must use uniform data sources and criteria specified in 6062 this paragraph. Each revised educational plant survey and each 6063 new educational plant survey supersedes previous surveys. 6064 1. The school district’s survey must be submitted as a part 6065 of the district educational facilities plan defined in s. 6066 1013.35. To ensure that the data reported to the Department of 6067 Education as required by this section is correct, the department 6068 shall annually conduct an onsite review of 5 percent of the 6069 facilities reported for each school district completing a new 6070 survey that year. If the department’s review finds the data 6071 reported by a district is less than 95 percent accurate, within 6072 1 year from the time of notification by the department the 6073 district must submit revised reports correcting its data. If a 6074 district fails to correct its reports, the commissioner may 6075 direct that future fixed capital outlay funds be withheld until 6076 such time as the district has corrected its reports so that they 6077 are not less than 95 percent accurate. 6078 2. Each survey of a special facility, joint-use facility, 6079 or cooperative career education facility must be based on 6080 capital outlay full-time equivalent student enrollment data 6081 prepared by the department for school districts and Florida 6082 College System institutions and by the Chancellor of the State 6083 University System for universities. A survey of space needs of a 6084 joint-use facility shall be based upon the respective space 6085 needs of the school districts, Florida College System 6086 institutions, and universities, as appropriate. Projections of a 6087 school district’s facility space needs may not exceed the norm 6088 space and occupant design criteria established by the State 6089 Requirements for Educational Facilities. 6090 3. Each Florida College System institution’s survey must 6091 reflect the capacity of existing facilities as specified in the 6092 inventory maintained and validated by the Chancellor of the 6093 Florida College Systemby the Department of Education. 6094 Projections of facility space needs must comply with standards 6095 for determining space needs as specified by rule of the State 6096 Board of CollegesEducation. The 5-year projection of capital 6097 outlay student enrollment must be consistent with the annual 6098 report of capital outlay full-time student enrollment prepared 6099 by the Department of Education. 6100 4. Each state university’s survey must reflect the capacity 6101 of existing facilities as specified in the inventory maintained 6102 and validated by the Chancellor of the State University System. 6103 Projections of facility space needs must be consistent with 6104 standards for determining space needs as specified by regulation 6105 of the Board of Governors. The projected capital outlay full 6106 time equivalent student enrollment must be consistent with the 6107 5-year planned enrollment cycle for the State University System 6108 approved by the Board of Governors. 6109 5. The district educational facilities plan of a school 6110 district and the educational plant survey of a Florida College 6111 System institution, state university, or the Florida School for 6112 the Deaf and the Blind may include space needs that deviate from 6113 approved standards for determining space needs if the deviation 6114 is justified by the district or institution and approved by the 6115 department, the State Board of Colleges, or the Board of 6116 Governors, as appropriate, as necessary for the delivery of an 6117 approved educational program. 6118 (c) Review and validation.—The Department of Education 6119 shall review and validate the surveys of school districts, the 6120 Chancellor of the Florida College System shall review and 6121 validate the surveys ofandFlorida College System institutions, 6122 and the Chancellor of the State University System shall review 6123 and validate the surveys of universities, and any amendments 6124 thereto for compliance with the requirements of this chapter and 6125 shall recommend those in compliance for approval by the State 6126 Board of Education, the State Board of Colleges, or the Board of 6127 Governors, as appropriate. Annually, the department shall 6128 perform an in-depth analysis of a representative sample of each 6129 survey of recommended needs for five districts selected by the 6130 commissioner from among districts with the largest need-to 6131 revenue ratio. For the purpose of this subsection, the need-to 6132 revenue ratio is determined by dividing the total 5-year cost of 6133 projects listed on the district survey by the total 5-year fixed 6134 capital outlay revenue projections from state and local sources 6135 as determined by the department. The commissioner may direct 6136 fixed capital outlay funds to be withheld from districts until 6137 such time as the survey accurately projects facilities needs. 6138 (d) Periodic update of Florida Inventory of School Houses. 6139 School districts shall periodically update their inventory of 6140 educational facilities as new capacity becomes available and as 6141 unsatisfactory space is eliminated. The State Board of Education 6142 shall adopt rules to determine the timeframe in which districts 6143 must provide a periodic update. 6144 Section 116. Subsection (3) of section 1013.36, Florida 6145 Statutes, is amended to read: 6146 1013.36 Site planning and selection.— 6147 (3) Sites recommended for purchase or purchased must meet 6148 standards prescribed in law and such supplementary standards as 6149 the State Board of Education or State Board of Colleges, as 6150 appropriate, prescribes to promote the educational interests of 6151 the students. Each site must be well drained and suitable for 6152 outdoor educational purposes as appropriate for the educational 6153 program or collocated with facilities to serve this purpose. As 6154 provided in s. 333.03, the site must not be located within any 6155 path of flight approach of any airport. Insofar as is 6156 practicable, the site must not adjoin a right-of-way of any 6157 railroad or through highway and must not be adjacent to any 6158 factory or other property from which noise, odors, or other 6159 disturbances, or at which conditions, would be likely to 6160 interfere with the educational program. To the extent 6161 practicable, sites must be chosen which will provide safe access 6162 from neighborhoods to schools. 6163 Section 117. Subsections (3) and (4) of section 1013.37, 6164 Florida Statutes, are amended to read: 6165 1013.37 State uniform building code for public educational 6166 facilities construction.— 6167 (3) REVIEW PROCEDURE.—The Commissioner of Education and the 6168 Chancellor of the Florida College System, as appropriate, shall 6169 cooperate with the Florida Building Commission in addressing all 6170 questions, disputes, or interpretations involving the provisions 6171 of the Florida Building Code which govern the construction of 6172 public educational and ancillary facilities, and any objections 6173 to decisions made by the inspectors or the department must be 6174 submitted in writing. 6175 (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The 6176 department, for school districts, and the State Board of 6177 Colleges, for Florida College System institutions, shall 6178 biennially review and recommend to the Florida Building 6179 Commission updates and revisions to the provisions of the 6180 Florida Building Code which govern the construction of public 6181 educational and ancillary facilities. The department, for school 6182 districts, and the State Board of Colleges, for Florida College 6183 System institutions, shall publish and make available to each 6184 board at no cost copies of the State Requirements for 6185 Educational Facilities and each amendment and revision thereto. 6186 The department and state board shall make additional copies 6187 available to all interested persons at a price sufficient to 6188 recover costs. 6189 Section 118. Subsections (1), (2), and (3) of section 6190 1013.40, Florida Statutes, are amended to read: 6191 1013.40 Planning and construction of Florida College System 6192 institution facilities; property acquisition.— 6193 (1) The need for Florida College System institution 6194 facilities shall be established by a survey conducted pursuant 6195 to this chapter. The facilities recommended by such survey must 6196 be approved by the State Board of CollegesEducation, and the 6197 projects must be constructed according to the provisions of this 6198 chapter and State Board of CollegesEducationrules. 6199 (2) ANoFlorida College System institution may not expend 6200 public funds for the acquisition of additional property without 6201 the specific approval of the Legislature. 6202 (3) ANofacility may not be acquired or constructed by a 6203 Florida College System institution or its direct-support 6204 organization if such facility requires general revenue funds for 6205 operation or maintenance upon project completion or in 6206 subsequent years of operation, unless prior approval is received 6207 from the Legislature. 6208 Section 119. Section 1013.47, Florida Statutes, is amended 6209 to read: 6210 1013.47 Substance of contract; contractors to give bond; 6211 penalties.—Each board shall develop contracts consistent with 6212 this chapter and statutes governing public facilities. Such a 6213 contract must contain the drawings and specifications of the 6214 work to be done and the material to be furnished, the time limit 6215 in which the construction is to be completed, the time and 6216 method by which payments are to be made upon the contract, and 6217 the penalty to be paid by the contractor for a failure to comply 6218 with the terms of the contract. The board may require the 6219 contractor to pay a penalty for any failure to comply with the 6220 terms of the contract and may provide an incentive for early 6221 completion. Upon accepting a satisfactory bid, the board shall 6222 enter into a contract with the party or parties whose bid has 6223 been accepted. The contractor shall furnish the board with a 6224 performance and payment bond as set forth in s. 255.05. A board 6225 or other public entity may not require a contractor to secure a 6226 surety bond under s. 255.05 from a specific agent or bonding 6227 company. A person, firm, or corporation that constructs any part 6228 of any educational plant, or addition thereto, on the basis of 6229 any unapproved plans or in violation of any plans approved in 6230 accordance with the provisions of this chapter and rules of the 6231 State Board of Education or State Board of Colleges or 6232 regulations of the Board of Governors relating to building 6233 standards or specifications is subject to forfeiture of the 6234 surety bond and unpaid compensation in an amount sufficient to 6235 reimburse the board for any costs that will need to be incurred 6236 in making any changes necessary to assure that all requirements 6237 are met and is also guilty of a misdemeanor of the second 6238 degree, punishable as provided in s. 775.082 or s. 775.083, for 6239 each separate violation. 6240 Section 120. Section 1013.52, Florida Statutes, is amended 6241 to read: 6242 1013.52 Cooperative development and joint use of facilities 6243 by two or more boards.— 6244 (1) Two or more boards, including district school boards, 6245 Florida College System institution boards of trustees, the Board 6246 of Trustees for the Florida School for the Deaf and the Blind, 6247 and university boards of trustees, desiring to cooperatively 6248 establish a common educational facility to accommodate students 6249 shall: 6250 (a) Jointly request a formal assessment by the Commissioner 6251 of Education,orthe Chancellor of the State University System, 6252 or the Chancellor of the State Board of Colleges, as 6253 appropriate, of the academic program need and the need to build 6254 new joint-use facilities to house approved programs. Completion 6255 of the assessment and approval of the project by the State Board 6256 of Education, the State Board of Colleges, the Chancellor of the 6257 Florida College System, the Board of Governors, the Chancellor 6258 of the State University System, or the Commissioner of 6259 Education, as appropriate, should be done prior to conducting an 6260 educational facilities survey. 6261 (b) Demonstrate the need for construction of new joint-use 6262 facilities involving postsecondary institutions by those 6263 institutions presenting evidence of the presence of sufficient 6264 actual full-time equivalent enrollments in the locale in leased, 6265 rented, or borrowed spaces to justify the requested facility for 6266 the programs identified in the formal assessment rather than 6267 using projected or anticipated future full-time equivalent 6268 enrollments as justification. If the decision is made to 6269 construct new facilities to meet this demonstrated need, then 6270 building plans should consider full-time equivalent enrollment 6271 growth facilitated by this new construction and subsequent new 6272 program offerings made possible by the existence of the new 6273 facilities. 6274 (c) Adopt and submit to the Commissioner of Education, the 6275 Chancellor of the Florida College System, orandthe Chancellor 6276 of the State University System, as appropriate, if the joint 6277 request involves a state university, a joint resolution of the 6278 participating boards indicating their commitment to the 6279 utilization of the requested facility and designating the locale 6280 of the proposed facility. The joint resolution shall contain a 6281 statement of determination by the participating boards that 6282 alternate options, including the use of leased, rented, or 6283 borrowed space, were considered and found less appropriate than 6284 construction of the proposed facility. The joint resolution 6285 shall contain assurance that the development of the proposed 6286 facility has been examined in conjunction with the programs 6287 offered by neighboring public educational facilities offering 6288 instruction at the same level. The joint resolution also shall 6289 contain assurance that each participating board shall provide 6290 for continuity of educational progression. All joint resolutions 6291 shall be submitted by August 1 for consideration of funding by 6292 the subsequent Legislature. 6293 (d) Submit requests for funding of joint-use facilities 6294 projects involving state universities and Florida College System 6295 institutions for approval by the Chancellor of the Florida 6296 College SystemCommissioner of Educationand the Chancellor of 6297 the State University System. The Chancellor of the Florida 6298 College SystemCommissioner of Educationand the Chancellor of 6299 the State University System shall jointly determine the priority 6300 for funding these projects in relation to the priority of all 6301 other capital outlay projects under their consideration. To be 6302 eligible for funding from the Public Education Capital Outlay 6303 and Debt Service Trust Fund under the provisions of this 6304 section, projects involving both state universities and Florida 6305 College System institutions shall appear on the 3-year capital 6306 outlay priority lists of Florida College System institutions and 6307 of universities required by s. 1013.64. Projects involving a 6308 state university, a Florida College System institution, and a 6309 public school, and in which the larger share of the proposed 6310 facility is for the use of the state university or the Florida 6311 College System institution, shall appear on the 3-year capital 6312 outlay priority lists of the Florida College System institutions 6313 or of the universities, as applicable. 6314 (e) Include in their joint resolution for the joint-use 6315 facilities, comprehensive plans for the operation and management 6316 of the facility upon completion. Institutional responsibilities 6317 for specific functions shall be identified, including 6318 designation of one participating board as sole owner of the 6319 facility. Operational funding arrangements shall be clearly 6320 defined. 6321 (2) An educational plant survey must be conducted within 90 6322 days after submission of the joint resolution and substantiating 6323 data describing the benefits to be obtained, the programs to be 6324 offered, and the estimated cost of the proposed project. Upon 6325 completion of the educational plant survey, the participating 6326 boards may include the recommended projects in their plan as 6327 provided in s. 1013.31. Upon approval of the project by the 6328 commissioner, the Chancellor of the Florida College System, or 6329 the Chancellor of the State University System, as appropriate, 6330 25 percent of the total cost of the project, or the pro rata 6331 share based on space utilization of 25 percent of the cost, must 6332 be included in the department’s legislative capital outlay 6333 budget request as provided in s. 1013.60 for educational plants. 6334 The participating boards must include in their joint resolution 6335 a commitment to finance the remaining funds necessary to 6336 complete the planning, construction, and equipping of the 6337 facility. Funds from the Public Education Capital Outlay and 6338 Debt Service Trust Fund may not be expended on any project 6339 unless specifically authorized by the Legislature. 6340 (3) Included in all proposals for joint-use facilities must 6341 be documentation that the proposed new campus or new joint-use 6342 facility has been reviewed by the State Board of Education, the 6343 State Board of Colleges, or the Board of Governors, as 6344 appropriate, and has been formally requested for authorization 6345 by the Legislature. 6346 (4) ANodistrict school board, Florida College System 6347 institution, or state university may notshallreceive funding 6348 for more than one approved joint-use facility per campus in any 6349 3-year period. 6350 Section 121. Subsection (1) of section 1013.65, Florida 6351 Statutes, is amended to read: 6352 1013.65 Educational and ancillary plant construction funds; 6353 Public Education Capital Outlay and Debt Service Trust Fund; 6354 allocation of funds.— 6355 (1) The commissioner, through the department, shall 6356 administer the Public Education Capital Outlay and Debt Service 6357 Trust Fund. The commissioner shall allocate or reallocate funds 6358 as authorized by the Legislature. Copies of each allocation or 6359 reallocation shall be provided to members of the State Board of 6360 Education, the State Board of Colleges, and the Board of 6361 Governors and to the chairs of the House of Representatives and 6362 Senate appropriations committees. The commissioner shall provide 6363 for timely encumbrances of funds for duly authorized projects. 6364 Encumbrances may include proceeds to be received under a 6365 resolution approved by the State Board of Education authorizing 6366 the issuance of public education capital outlay bonds pursuant 6367 to s. 9(a)(2), Art. XII of the State Constitution, s. 215.61, 6368 and other applicable law. The commissioner shall provide for the 6369 timely disbursement of moneys necessary to meet the encumbrance 6370 authorizations of the boards. Records shall be maintained by the 6371 department to identify legislative appropriations, allocations, 6372 encumbrance authorizations, disbursements, transfers, 6373 investments, sinking funds, and revenue receipts by source. The 6374 Department of Education shall pay the administrative costs of 6375 the Public Education Capital Outlay and Debt Service Trust Fund 6376 from the funds which comprise the trust fund. 6377 Section 122. (1) Effective October 1, 2018, the sums of 6378 $2,565,530 in recurring funds from the General Revenue Fund, 6379 $200,159 from the Facility Construction Administrative Trust 6380 Fund, and $56,144 from the Federal Grants Trust Fund, from the 6381 amounts appropriated to the State Board of Education in the 6382 General Appropriations Act for the 2018-2019 fiscal year, are 6383 transferred between the appropriation categories identified in 6384 paragraphs (b)-(i) from the State Board of Education to the 6385 State Board of Colleges, along with the positions identified in 6386 paragraph (a), as follows: 6387 (a) Thirty-four full-time equivalent positions with an 6388 associated salary rate of 2,173,369. 6389 (b) The sums of $2,017,597 in recurring funds from the 6390 General Revenue Fund, $168,045 in recurring funds from the 6391 Facility Construction Administrative Trust Fund, and $46,886 in 6392 recurring funds from the Federal Grants Trust Fund in the 6393 Salaries and Benefits appropriation category. 6394 (c) The sum of $21,179 in recurring funds from the General 6395 Revenue Fund in the Other Personal Services appropriation 6396 category. 6397 (d) The sums of $205,109 in recurring funds from the 6398 General Revenue Fund, $16,689 in recurring funds from the 6399 Facility Construction Administrative Trust Fund, and $4,390 in 6400 recurring funds from the Federal Grants Trust Fund in the 6401 Expenses appropriation category. 6402 (e) The sums of $11,414 in recurring funds from the General 6403 Revenue Fund, $2,843 in recurring funds from the Facility 6404 Construction Administrative Trust Fund, and $214 in recurring 6405 funds from the Federal Grants Trust Fund in the Special 6406 Categories - Contracted Services appropriation category. 6407 (f) The sums of $8,256 in recurring funds from the General 6408 Revenue Fund, $515 in recurring funds from the Facility 6409 Construction Administrative Trust Fund, and $191 in recurring 6410 funds from the Federal Grants Trust Fund in the Special 6411 Categories - Risk Management Insurance appropriation category. 6412 (g) The sums of $8,055 in recurring funds from the General 6413 Revenue Fund, $515 in recurring funds from the Facility 6414 Construction Administrative Trust Fund, and $191 in recurring 6415 funds from the Federal Grants Trust Fund for Special Categories 6416 - Transfer to the Department of Management Services - Human 6417 Resources Services Purchased per Statewide Contract 6418 appropriation category. 6419 (h) The sums of $182,286 in recurring funds from the 6420 General Revenue Fund, $11,550 in recurring funds from the 6421 Facility Construction Administrative Trust Fund, and $4,274 in 6422 recurring funds from the Federal Grants Trust Fund in the 6423 Special Categories - Data Processing Services, Education 6424 Technology and Information Services appropriation category. 6425 (i) The sum of $111,635 in recurring funds from the General 6426 Revenue Fund for Data Processing Services - Northwest Regional 6427 Data Center appropriation category. 6428 6429 The amounts transferred pursuant to this subsection represent 6430 the funding for only the final three quarters of the fiscal 6431 year. 6432 (2) Effective October 1, 2018, $1,379,227 in recurring 6433 funds from the General Revenue Fund and $91,153 in recurring 6434 funds from the Federal Grants Trust Fund are appropriated to the 6435 State Board of Colleges as follows: 6436 (a) An additional 17 full-time equivalent positions and an 6437 additional associated salary rate of 1,068,460 are authorized 6438 for the State Board of Colleges. 6439 (b) The sums of $1,014,534 in recurring funds from the 6440 General Revenue Fund and $75,857 in recurring funds from the 6441 Federal Grants Trust Fund in the Salaries and Benefits 6442 appropriation category. 6443 (c) The sums of $229,758 in recurring funds from the 6444 General Revenue Fund and $8,688 in recurring funds from the 6445 Federal Grants Trust Fund in the Expenses appropriation 6446 category. 6447 (d) The sums of $29,396 in recurring funds from the General 6448 Revenue Fund and $317 in recurring funds from the Federal Grants 6449 Trust Fund in the Special Categories - Contracted Services 6450 appropriation category. 6451 (e) The sums of $4,131 in recurring funds from the General 6452 Revenue Fund and $258 in recurring funds from the Federal Grants 6453 Trust Fund in the Special Categories - Risk Management Insurance 6454 appropriation category. 6455 (f) The sums of $4,123 in recurring funds from the General 6456 Revenue Fund and $258 in recurring funds from the Federal Grants 6457 Trust Fund for the Special Categories - Transfer to the 6458 Department of Management Services - Human Resources Services 6459 Purchased per Statewide Contract appropriation category. 6460 (g) The sums of $92,402 in recurring funds from the General 6461 Revenue Fund and $5,775 in recurring funds from the Federal 6462 Grants Trust Fund in the Special Categories - Data Processing 6463 Services, Education Technology and Information Services 6464 appropriation category. 6465 (h) The sum of $4,883 in recurring funds from the General 6466 Revenue Fund in the Data Processing Services - Northwest 6467 Regional Data Center appropriation category. 6468 6469 The amounts appropriated under this subsection represent funding 6470 for only the final three quarters of the fiscal year. 6471 (3) Effective October 1, 2018, the sum of $10 million in 6472 recurring funds from the General Revenue Fund is appropriated to 6473 the State Board of Colleges for distribution to colleges for 6474 students who earn industry certifications during the 2018-2019 6475 academic year. Funding for each college must be calculated based 6476 on the percentage of students who earn industry certifications 6477 in the following occupations or occupational areas: public 6478 safety; health sciences; automotive service technology; auto 6479 collision repair and refinishing; cyber security; cloud 6480 virtualization; network support services; computer programming; 6481 advanced manufacturing; electrician; welding; Federal Aviation 6482 Administration airframe mechanics; powerplant mechanics; 6483 pharmacy technician; and heating, ventilation, and air 6484 conditioning technician. By June 1, 2019, the State Board of 6485 Colleges shall distribute the funds and establish procedures and 6486 timelines for colleges to report the percentage of students who 6487 earned certifications for funding. The State Board of Colleges 6488 may allocate any funds not obligated by June 1, 2019, to schools 6489 that have earned awards based on the percentage of earned 6490 certifications. By October 31, 2018, the Chancellor of the 6491 Florida College System shall identify the associated industry 6492 certifications and shall prepare a report for each 6493 certification, including costs for the certification, the 6494 percentage of students who earned such certifications and who 6495 are employed, and the average salary of students who earned such 6496 certifications. Performance funds may not be awarded for 6497 certifications earned through continuing workforce education 6498 programs. Industry certifications that are earned by students 6499 who were enrolled in the 2017-2018 academic year which were 6500 eligible to be included in the funding allocation for the 2017 6501 2018 fiscal year but who were not included in the final 6502 disbursement due to the early data reporting deadline may be 6503 reported by colleges and included in the allocation of funds for 6504 the 2018-2019 fiscal year. Colleges shall maintain documentation 6505 for student attainment of industry certifications that are 6506 eligible for performance funding. The Auditor General shall 6507 verify compliance with this requirement during scheduled 6508 operational audits of the colleges. If a college does not 6509 comply, it must refund the performance funding to the state. 6510 (4) Effective July 1, 2018, and notwithstanding s. 6511 1001.66(2), Florida Statutes, which requires funding for the 6512 Florida College Performance-Based Incentive to be determined in 6513 the General Appropriations Act, $60 million in recurring funds 6514 from the General Revenue Fund is appropriated to the State Board 6515 of Education for the Florida College Performance-Based Incentive 6516 awarded pursuant to s. 1001.66, Florida Statutes, for the 2018 6517 2019 fiscal year. From these funds, $30 million is included as 6518 the state investment in performance funding, and $30 million is 6519 redistributed from the base budget of Florida College System 6520 institutions as the institutional investment in performance 6521 funding. 6522 (5) Effective July 1, 2018, and notwithstanding the 6523 provisions of s. 1008.30(7)(b), Florida Statutes, which limit 6524 funding for the Supporting Students for Academic Success Program 6525 to amounts provided in the General Appropriations Act, $30 6526 million in recurring funds from the General Revenue Fund is 6527 appropriated to the State Board of Education for the Supporting 6528 Students for Academic Success Program established in that 6529 section for the 2018-2019 fiscal year. The State Board of 6530 Education shall allocate the funds to each Florida College 6531 System institution through the Florida College System Program 6532 Fund funding model developed pursuant to s. 1011.84, Florida 6533 Statutes. 6534 (6) Effective October 1, 2018, all rules, records, 6535 property, and unexpended balances of appropriations, 6536 allocations, or other funds relating to the Florida College 6537 System which are currently assigned to and administered by the 6538 State Board of Education are transferred by a type two transfer, 6539 as defined in s. 20.06(2), Florida Statutes, to the State Board 6540 of Colleges. Such rules shall remain effective until modified by 6541 the State Board of Colleges. 6542 (7) This section shall take effect July 1, 2018. 6543 Section 123. Except as otherwise expressly provided in this 6544 act and except for this section, which shall take effect upon 6545 becoming a law, this act shall take effect October 1, 2018.