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Senate Bill 2578

Senate Bill sb2578

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2578

    By Senator Diaz de la Portilla





    36-1742-04                                          See HB 303

  1                      A bill to be entitled

  2         An act relating to access to postsecondary

  3         education; amending s. 1000.21, F.S.; revising

  4         the names of certain community colleges;

  5         amending s. 1007.33, F.S., relating to

  6         site-determined baccalaureate degree access;

  7         providing intent; providing the process for

  8         community college submission of proposals to

  9         deliver baccalaureate degree programs and the

10         approval of such proposals; providing mission

11         and policies of community colleges, including

12         those approved to grant baccalaureate degrees;

13         providing for the reporting of students and the

14         establishment of tuition and fees for approved

15         baccalaureate degree programs; providing

16         responsibilities of community college boards of

17         trustees; providing requirements relating to

18         employees; providing for facility standards,

19         funding, and acquisition; providing

20         requirements relating to state funding;

21         specifying colleges authorized to grant

22         baccalaureate degrees; authorizing rulemaking;

23         amending ss. 288.8175, 1002.35, and 1004.76,

24         F.S.; conforming provisions; providing an

25         effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Paragraphs (d), (o), and (q) of subsection

30  (3) of section 1000.21, Florida Statutes, are amended to read:

31  

                                  1

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1         1000.21  Systemwide definitions.--As used in the

 2  Florida K-20 Education Code:

 3         (3)  "Community college," except as otherwise

 4  specifically provided, includes the following institutions and

 5  any branch campuses, centers, or other affiliates of the

 6  institution:

 7         (d)  Chipola Junior College.

 8         (o)  Miami-Dade Community College.

 9         (q)  Okaloosa-Walton Community College.

10         Section 2.  Section 1007.33, Florida Statutes, is

11  amended to read:

12         1007.33  Site-determined baccalaureate degree access.--

13         (1)  INTENT.--

14         (a)  The Legislature recognizes that public and private

15  postsecondary educational institutions play essential roles in

16  improving the quality of life and economic well-being of the

17  state and its residents. The Legislature also recognizes that

18  economic development needs and the educational needs of

19  place-bound, nontraditional students have increased the demand

20  for local access to baccalaureate degree programs. In some,

21  but not all, geographic regions, baccalaureate degree programs

22  are being delivered successfully at the local community

23  college through agreements between the community college and

24  4-year postsecondary institutions within or outside of the

25  state. It is therefore the intent of the Legislature to

26  further expand access to baccalaureate degree programs through

27  the use of community colleges.

28         (b)  The Legislature further intends support for the

29  following priorities:

30         1.  Expand access to postsecondary education,

31  particularly to serve diverse and nontraditional students and

                                  2

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  students for whom postsecondary education is not

 2  geographically accessible.

 3         2.  Support programs that meet critical workforce

 4  needs.

 5         3.  Encourage innovative alternatives to traditional

 6  baccalaureate degree programs or programs that no longer meet

 7  community needs.

 8         4.  Evaluate and authorize program options based on

 9  cost efficiency and effectiveness measures through

10  partnerships with state or private universities and

11  consideration of state and student costs associated with

12  comparable baccalaureate degree programs at community

13  colleges.

14         (2)  AUTHORITY.--

15         (a)  A community college may enter into a formal

16  agreement pursuant to the provisions of s. 1007.22 for the

17  delivery of specified baccalaureate degree programs.

18         (b)(3)  A community college may develop a proposal to

19  deliver specified baccalaureate degree programs in its

20  district to meet local workforce needs. The proposal must be

21  submitted to the State Board of Education for approval. The

22  community college's proposal must include the following

23  information:

24         1.(a)  Demonstrated demand for the baccalaureate degree

25  program is identified by the workforce development board,

26  local businesses and industry, local chambers of commerce, and

27  potential students.

28         2.(b)  Unmet need for graduates of the proposed degree

29  program is substantiated.

30  

31  

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1         3.(c)  Demonstrated evidence that the community college

 2  has the facilities and academic resources to deliver the

 3  program.

 4         (3)  PROCESS.--

 5         (a)  Community colleges must submit proposals to the

 6  Council for Education Policy Research and Improvement and the

 7  State Board of Education in accordance with timelines and

 8  guidelines adopted by the State Board of Education.

 9         (b)  The proposal must be submitted to the Council for

10  Education Policy Research and Improvement for review and

11  comment.

12         (c)  The State Board of Education may approve, deny, or

13  recommend revisions to proposals. Upon approval of the State

14  Board of Education for the specific degree program or

15  programs, the community college shall pursue regional

16  accreditation by the Commission on Colleges of the Southern

17  Association of Colleges and Schools. Any additional

18  baccalaureate degree programs the community college wishes to

19  offer must be approved by the State Board of Education.

20         (d)  Implementation of approved programs shall be in

21  accordance with joint letters of agreement between the State

22  Board of Education and colleges approved by the state board

23  pursuant to this section.

24         (4)  MISSION; POLICIES.--

25         (a)  The intent of the Legislature is that community

26  colleges, including those approved to grant baccalaureate

27  degrees pursuant to this section, shall maintain their mission

28  specified in s. 1004.65, including primary mission

29  responsibilities and the secondary role of providing

30  upper-level instruction and awarding baccalaureate degrees as

31  specifically authorized by s. 1004.65(7).

                                  4

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1         1.  The primary mission of a community college is to

 2  provide high-quality undergraduate education at an affordable

 3  price for students and the state. The purpose is to promote

 4  economic development by preparing people for occupations that

 5  require a baccalaureate degree and are in demand by existing

 6  or emerging public and private employers in this state. The

 7  Legislature intends that the primary mission of a community

 8  college, including a community college that offers

 9  baccalaureate degree programs, continues to be the provision

10  of associate degrees that provide access to a university.

11         2.  A community college shall maintain the mission and

12  policies of a Florida community college, including the

13  open-door admissions policy for adult education, workforce,

14  and lower-division college credit programs, and the authority

15  to offer all programs consistent with a community college's

16  authority.

17         3.  A community college may not terminate its associate

18  in arts or associate in science degree programs as a result of

19  the authorization provided in this section subsection (3). The

20  Legislature intends that the primary mission of a community

21  college, including a community college that offers

22  baccalaureate degree programs, continues to be the provision

23  of associate degrees that provide access to a university.

24         (b)  A community college approved to grant a

25  baccalaureate degree pursuant to this section shall maintain

26  the distinction between the college and its university

27  partnerships. The community college is limited to community

28  college programs and to selected baccalaureate-degree-level

29  programs that meet community needs and are authorized as

30  provided by this section. A joint or concurrent-use

31  partnership may make available more diverse program offerings,

                                  5

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  but those programs are offered by a participating college or

 2  university and are not to be classified or funded as programs

 3  of the baccalaureate-degree-granting community college.

 4         (c)  The academic policies of the upper-division

 5  program at a baccalaureate-degree-granting community college

 6  must be in accordance with rules and policies of the State

 7  Board of Education, including all academic and reporting

 8  policies.

 9         (d)  Performance accountability requirements for both

10  upper-division and lower-division programs shall be in

11  accordance with State Board of Education policy, with

12  upper-division responsibilities aligned with state university

13  accountability requirements.

14         (5)  STUDENTS; FEES.--

15         (a)  Community colleges authorized to grant

16  baccalaureate degrees pursuant to this section shall maintain

17  separate records for students who are enrolled in courses

18  classified in the upper division and lower division of a

19  baccalaureate degree program, according to the statewide

20  course numbering system. A student shall be reported as a

21  community college student for enrollment in a lower-division

22  course and as a baccalaureate degree program student for

23  enrollment in an upper-division course.

24         (b)  Each community college board of trustees shall

25  establish tuition and out-of-state fees for approved

26  baccalaureate degree programs.

27         1.  Tuition and out-of-state fees for certificate-level

28  courses or lower-division level college credit courses must be

29  within the range authorized in law and rule for a community

30  college student at that level.

31  

                                  6

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1         2.  Tuition and out-of-state fees for upper-division

 2  students must reflect the fact that the college has a less

 3  expensive cost structure than that of a state university.

 4  Therefore, the board of trustees shall establish tuition and

 5  out-of-state fees for upper-division students within a range

 6  between fees for lower-division credit courses and 85 percent

 7  of the local state university tuition and out-of-state fees.

 8         (c)  Discretionary fees for upper-division instruction

 9  that is part of a baccalaureate degree program shall be

10  established by a community college board of trustees as

11  provided in s. 1009.23.

12         (d)  Students in workforce development education

13  courses maintain the authorized fee exemptions described in s.

14  1009.25 and may be exempt from local fees imposed by the board

15  of trustees, at the board's discretion.

16         (6)  BOARDS.--

17         (a)  The board of trustees of the sponsoring community

18  college serves as the college's governing board. The Governor

19  shall appoint members as provided in s. 1001.61, and the board

20  has the duties and authorities granted in ss. 1001.63 and

21  1001.64 and by rules of the State Board of Education.

22         (b)  Community colleges authorized to grant

23  baccalaureate degrees pursuant to this section shall remain

24  under the authority of the State Board of Education for

25  planning, coordination, oversight, budget, and accountability

26  responsibilities.

27         (c)  The board of trustees may authorize direct-support

28  organizations for baccalaureate degree programs as authorized

29  in ss. 1004.28 and 1004.70.

30         (d)  The board of trustees of a community college

31  authorized to grant a baccalaureate degree may continue to

                                  7

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  award degrees, diplomas, and certificates as authorized for

 2  the college, and in the name of the college, until the college

 3  receives its accreditation.

 4         (7)  EMPLOYEES.--

 5         (a)  Employment at community colleges approved to grant

 6  baccalaureate degrees is governed by the same laws that govern

 7  community colleges.

 8         (b)  Employee records for all personnel shall be

 9  maintained as required by s. 1012.81.

10         (8)  FACILITIES.--

11         (a)  Sections 1013.39 and 1013.82 apply to community

12  colleges approved to grant baccalaureate degrees pursuant to

13  this section.

14         (b)  Community colleges approved to grant baccalaureate

15  degrees may request funding from the Public Education Capital

16  Outlay and Debt Service Trust Fund for all authorized

17  programs, including approved baccalaureate degree programs.

18  Enrollment in approved baccalaureate degree programs shall be

19  computed in the survey of need for facilities.

20         (c)  The municipalities in the counties of the approved

21  colleges, the board of county commissioners of those

22  respective counties, and all other governmental entities are

23  authorized to cooperate with the board of trustees of the

24  approved college in establishing the institution. The

25  acquisition and donation of lands, buildings, and equipment

26  for the use of the approved college are authorized as a public

27  purpose. The board of county commissioners of the respective

28  counties and all municipalities in those counties may exercise

29  the power of eminent domain to acquire lands, buildings, and

30  equipment for the use of the approved college, regardless of

31  

                                  8

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  whether such lands, buildings, and equipment are located in a

 2  community redevelopment area.

 3         (9)  STATE FUNDING.--

 4         (a)  Community colleges shall fund the nonrecurring

 5  costs related to the initiation of a new baccalaureate degree

 6  program without new state appropriations unless special grant

 7  funds are designated by the State Board of Education, subject

 8  to funding by the Legislature for this purpose.

 9         (b)  Recurring operational funding for a community

10  college authorized to grant baccalaureate degrees pursuant to

11  this section shall be funded as follows:

12         1.  As a community college for its workforce

13  development education programs and for its

14  lower-division-level college credit courses and programs

15  funded in the community college program fund.

16         2.  As a baccalaureate-degree-level institution for its

17  upper-division level courses and programs. State support for

18  these programs should fund enrollment growth, comparable to

19  how enrollment growth at state universities is considered,

20  with not more than 85 percent of the amount per full-time

21  equivalent student in a comparable state university program

22  provided to community colleges that grant baccalaureate

23  degrees, as recommended by the State Board of Education. Funds

24  appropriated for this purpose are restricted to use for the

25  baccalaureate degree programs only.

26         (c)  Funding for a baccalaureate degree program at a

27  community college shall be requested by the State Board of

28  Education as a separate line item outside the community

29  college and state university budgets.

30         (d)  Baccalaureate-degree-granting community colleges

31  shall maintain reporting and funding distinctions between any

                                  9

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  baccalaureate degree program approved pursuant to this section

 2  and other baccalaureate degree programs involving traditional

 3  concurrent-use partnerships.

 4         (e)  Students enrolled in approved baccalaureate degree

 5  programs at community colleges are eligible for financial aid

 6  as upper-division students.

 7         (10)  COLLEGES AND DEGREES.--In addition to the

 8  certificates, diplomas, and degrees authorized in s. 1004.65,

 9  the following community colleges are approved to grant

10  baccalaureate degrees for only the degree programs approved by

11  the State Board of Education in accordance with the provisions

12  of this section:

13         (a)  Chipola College.

14         (b)  Miami-Dade College.

15         (c)  Okaloosa-Walton College.

16         (11)  RULES.--The State Board of Education is

17  authorized to adopt rules pursuant to ss. 120.536(1) and

18  120.54 necessary to implement the provisions of this section.

19         Section 3.  Paragraph (g) of subsection (5) of section

20  288.8175, Florida Statutes, is amended to read:

21         288.8175  Linkage institutes between postsecondary

22  institutions in this state and foreign countries.--

23         (5)  The institutes are:

24         (g)  Florida-France Institute (New College of the

25  University of South Florida, Miami-Dade Community College, and

26  Florida State University).

27         Section 4.  Paragraph (a) of subsection (2) of section

28  1002.35, Florida Statutes, is amended to read:

29         1002.35  New World School of the Arts.--

30         (2)(a)  For purposes of governance, the New World

31  School of the Arts is assigned to Miami-Dade Community

                                  10

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  College, the Dade County School District, and one or more

 2  universities designated by the State Board of Education. The

 3  State Board of Education shall assign to the New World School

 4  of the Arts a university partner or partners. In this

 5  selection, the State Board of Education shall consider the

 6  accreditation status of the core programs. Florida

 7  International University, in its capacity as the provider of

 8  university services to Dade County, shall be a partner to

 9  serve the New World School of the Arts, upon meeting the

10  accreditation criteria. The respective boards shall appoint

11  members to an executive board for administration of the

12  school. The executive board may include community members and

13  shall reflect proportionately the participating institutions.

14  Miami-Dade Community College shall serve as fiscal agent for

15  the school.

16         Section 5.  Subsection (2) of section 1004.76, Florida

17  Statutes, is amended to read:

18         1004.76  Florida Martin Luther King, Jr., Institute for

19  Nonviolence.--

20         (2)  There is hereby created the Florida Martin Luther

21  King, Jr., Institute for Nonviolence to be established at

22  Miami-Dade Community College. The institute shall have an

23  advisory board consisting of 13 members as follows: the

24  Attorney General, the Commissioner of Education, and 11

25  members to be appointed by the Governor, such members to

26  represent the population of the state based on its ethnic,

27  gender, and socioeconomic diversity. Of the members appointed

28  by the Governor, one shall be a member of the Senate appointed

29  by the Governor on the recommendation of the President of the

30  Senate; one shall be a member of the Senate appointed by the

31  Governor on the recommendation of the minority leader; one

                                  11

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    Florida Senate - 2004                                  SB 2578
    36-1742-04                                          See HB 303




 1  shall be a member of the House of Representatives appointed by

 2  the Governor on the recommendation of the Speaker of the House

 3  of Representatives; one shall be a member of the House of

 4  Representatives appointed by the Governor on the

 5  recommendation of the minority leader; and seven shall be

 6  members appointed by the Governor, no more than three of whom

 7  shall be members of the same political party. The following

 8  groups shall be represented by the seven members: the Florida

 9  Sheriffs Association; the Florida Association of Counties; the

10  Florida League of Cities; state universities human services

11  agencies; community relations or human relations councils; and

12  youth. A chairperson shall be elected by the members and shall

13  serve for a term of 3 years. Members of the board shall serve

14  the following terms of office which shall be staggered:

15         (a)  A member of the Legislature appointed to the board

16  shall serve for a single term not to exceed 5 years and shall

17  serve as a member only while he or she is a member of the

18  Legislature.

19         (b)  Of the seven members who are not members of the

20  Legislature, three shall serve for terms of 4 years, two shall

21  serve for terms of 3 years, and one shall serve for a term of

22  1 year. Thereafter, each member, except for a member appointed

23  to fill an unexpired term, shall serve for a 5-year term. No

24  member shall serve on the board for more than 10 years.

25  

26  In the event of a vacancy occurring in the office of a member

27  of the board by death, resignation, or otherwise, the Governor

28  shall appoint a successor to serve for the balance of the

29  unexpired term.

30         Section 6.  This act shall take effect July 1, 2004.

31  

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