Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for SB 190
       
       
       
       
       
       
                                Ì561776LÎ561776                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/24/2019 10:21 AM       .                                
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       Senator Stargel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 336 - 515
    4  and insert:
    5  effective replacement or renovation of an existing building;
    6         6.The project is deemed by the state board to be integral
    7  to the mission of the system or the institution in serving the
    8  strategic needs of communities, regions, or the state; and
    9         7.For a new construction, remodeling, or renovation
   10  project that has not received a prior appropriation, the project
   11  has received, or has commitments to receive, funding from
   12  sources other than a project-specific state appropriation to
   13  assist with completion of the project and future maintenance
   14  needs associated with the project; the project is needed to
   15  preserve the safety of persons using the facility; or the
   16  project is consistent with a strategic legislative or state
   17  board initiative.
   18         (b) For each Florida College System institution with a
   19  final FTE of 15,000 or greater for the prior year, a new
   20  construction, remodeling, or renovation project that has not
   21  received an appropriation in a previous year may not be
   22  considered for inclusion on the prioritized list required by s.
   23  1013.64(4), unless:
   24         1.There are sufficient excess funds from the allocation
   25  provided pursuant to s. 1013.60 within the 3-year planning
   26  period which are not needed to complete the projects listed
   27  pursuant to paragraph (d); and
   28         2.The project has been recommended pursuant to s. 1013.31.
   29         (c)The project scoring the highest for each criterion
   30  shall be awarded the maximum points in the range of points
   31  within the points scale developed by the state board. The state
   32  board shall weight the value of criteria such that the maximum
   33  points awarded for each criterion represents a percent of the
   34  total maximum points.
   35         (d)The state board shall continually maintain a list of
   36  all public education capital outlay projects for which state
   37  funds were previously appropriated and have not been completed.
   38  The list shall include an estimate of the amount of state
   39  funding needed for the completion of each project.
   40         (e)The state board shall review its space need calculation
   41  methodology developed pursuant to s. 1013.03(2)(a) and present a
   42  summary of its work with preliminary draft recommendations to
   43  the chairs of the Senate and the House of Representatives
   44  appropriations committees by January 15, 2020, and every 3 years
   45  thereafter.
   46         Section 4. Paragraphs (e) and (f) of subsection (5) of
   47  section 1001.706, Florida Statutes, are amended, paragraph (j)
   48  is added to subsection (3) and paragraph (i) is added to
   49  subsection (5) of that section, and subsection (12) is added to
   50  that section, to read:
   51         1001.706 Powers and duties of the Board of Governors.—
   52         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
   53  OPERATION OF STATE UNIVERSITIES.—
   54         (j)The Board of Governors shall develop and annually
   55  deliver a training program for members of each state university
   56  board of trustees that addresses the role of such boards in
   57  governing institutional resources and protecting the public
   58  interest. At a minimum, each trustee must participate in the
   59  training program within 1 year of appointment and reappointment
   60  to a university board of trustees. The program must include
   61  information on trustee responsibilities relating to all of the
   62  following:
   63         1.Meeting the statutory, regulatory, and fiduciary
   64  obligations of the board.
   65         2.Establishing internal process controls and
   66  accountability mechanisms for the institution’s president and
   67  other administrative officers.
   68         3.Oversight of planning, construction, maintenance,
   69  expansion, and renovation projects that impact the university’s
   70  consolidated infrastructure, physical facilities, and natural
   71  environment, including its lands, improvements, and capital
   72  equipment.
   73         4.Establishing policies that promote college
   74  affordability, including ensuring that the costs of university
   75  fees, textbooks, and instructional materials are minimized
   76  whenever possible.
   77         5.Creation and implementation of institutionwide rules and
   78  regulations.
   79         6.Institutional ethics and conflicts of interest.
   80         7.Best practices for board governance.
   81         8.Understanding current national and state issues in
   82  higher education.
   83         9.Any other responsibilities the Board of Governors deems
   84  necessary or appropriate.
   85         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
   86         (e) The Board of Governors shall maintain an effective
   87  information system to provide accurate, timely, and cost
   88  effective information about each university. The board shall
   89  continue to collect and maintain, at a minimum, management
   90  information as such information existed on June 30, 2002. To
   91  ensure consistency, the Board of Governors shall define the data
   92  components and methodology used to implement ss. 1001.7065 and
   93  1001.92. Each university shall conduct an annual audit to verify
   94  that the data submitted pursuant to ss. 1001.7065 and 1001.92
   95  complies with the data definitions established by the board and
   96  submit the audits to the Board of Governors Office of Inspector
   97  General as part of the annual certification process required by
   98  the Board of Governors.
   99         (f) If the Board of Governors of the State University
  100  System, the presiding officer of either house of the
  101  Legislature, the Chief Financial Officer, or the chairperson of
  102  the board of trustees of the institution for which an
  103  investigation is sought determines that a state university board
  104  of trustees is unwilling or unable to address substantiated
  105  allegations made by any person relating to waste, fraud, or
  106  financial mismanagement within the state university, the Office
  107  of the Inspector General shall investigate the allegations.
  108         (i)The Board of Governors shall match individual student
  109  information with information in the files of state and federal
  110  agencies that maintain educational and employment records. The
  111  board must enter into an agreement with the Department of
  112  Economic Opportunity that allows access to the individual
  113  reemployment assistance wage records maintained by the
  114  department. The agreement must protect individual privacy and
  115  provide that student information may be used only for the
  116  purposes of auditing or evaluating higher education programs
  117  offered by state universities.
  118         (12)PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  119  Governors shall submit the prioritized list as required by s.
  120  1013.64(4). Projects considered for prioritization shall be
  121  chosen from a preliminary selection group that shall include the
  122  list of projects maintained pursuant to paragraph (d) and up to
  123  the top five ranked priorities of each state university.
  124         (a)The board shall develop a points-based prioritization
  125  method to rank projects for consideration from the preliminary
  126  selection group and award points for the degree to which a
  127  project meets specific criteria compared to other projects in
  128  the preliminary selection group. The board shall consider
  129  criteria that evaluate the degree to which:
  130         1.The project was funded previously by the Legislature and
  131  the amount of funds needed for completion constitutes a
  132  relatively low percentage of total project costs;
  133         2.The project represents a building maintenance project or
  134  the repair of utility infrastructure which is necessary to
  135  preserve a safe environment for students and staff, or a project
  136  that is necessary to maintain the operation of a university
  137  site, and for which the university can demonstrate it has no
  138  other fund source available to complete the project;
  139         3.The project addresses the greatest current or projected
  140  need for space as indicated by factors such as increased
  141  instructional or research capacity that enhances educational
  142  opportunities for students;
  143         4.The project reflects a ranked priority of the submitting
  144  university;
  145         5.The project represents the most practical and cost
  146  effective replacement or renovation of an existing building;
  147         6.The project is deemed integral to the mission of the
  148  system or the institution in serving the strategic needs of
  149  communities, regions, or this state; and
  150         7.For a new construction, remodeling, or renovation
  151  project that has not received a prior appropriation, the project
  152  has received, or has commitments to receive, funding from
  153  sources other than a project-specific state appropriation to
  154  assist with completion of the project and future maintenance
  155  needs associated with the project; the project is needed to
  156  preserve the safety of persons using the facility; or the
  157  project is consistent with a strategic legislative or board
  158  initiative.
  159         (b)A new construction, remodeling, or renovation project
  160  that has not received an appropriation in a previous year may
  161  not be considered for inclusion on the prioritized list required
  162  by s. 1013.64(4), unless:
  163         1. There are sufficient excess funds from the allocation
  164  provided pursuant to s. 1013.60 within the 3-year planning
  165  period which are not needed to complete the projects listed
  166  pursuant to paragraph (d); and
  167         2. The project has been recommended pursuant to s. 1013.31.
  168         (c)The project scoring the highest for each criterion
  169  shall be awarded the maximum points in the range of points
  170  within the points scale developed by the board. The board shall
  171  weight the value of criteria such that the maximum points
  172  awarded for each criterion represent a percent of the total of
  173  maximum points.
  174         (d)The board shall continually maintain a list of all
  175  public education capital outlay projects for which state funds
  176  were previously appropriated which have not been completed. The
  177  list shall include an estimate of the amount of state funding
  178  needed for the completion of each project.
  179         (e)The board shall review its space need calculation
  180  methodology developed pursuant to s. 1013.03(2)(a) and present a
  181  summary of its work with preliminary draft recommendations to
  182  the chairs of the Senate and the House of Representatives
  183  appropriations committees by January 15, 2020, and every 3 years
  184  thereafter.
  185  
  186  ================= T I T L E  A M E N D M E N T ================
  187  And the title is amended as follows:
  188         Delete lines 19 - 50
  189  and insert:
  190         rank projects based on specified criteria; specifying
  191         that specified new projects at a Florida College
  192         System institution with a final FTE of 15,000 or
  193         greater must satisfy specified criteria; requiring
  194         weighted values within the point scale; requiring the
  195         State Board of Education to maintain a list of capital
  196         outlay projects for which state funds have been
  197         appropriated but which have not been completed;
  198         requiring the State Board of Education to review its
  199         space need calculation methodology and to present a
  200         summary and preliminary recommendations to the chairs
  201         of the legislative appropriations committees by a
  202         specified date and at a specified interval thereafter;
  203         amending s. 1001.706, F.S.; requiring the Board of
  204         Governors to develop and annually deliver a training
  205         program for members of state university boards of
  206         trustees; requiring trustee participation within a
  207         specified timeframe of appointment and reappointment;
  208         requiring the inclusion of certain information in the
  209         training program; requiring the board to define data
  210         components and methodology for specified purposes;
  211         requiring state universities to submit annual
  212         institutional audits to the board’s Office of
  213         Inspector General; providing that a determination by
  214         specified persons in addition to the Board of
  215         Governors may cause the Office of the Inspector
  216         General to investigate specified allegations against a
  217         state university or its board of trustees; requiring
  218         the board to match certain student information with
  219         specified educational and employment records;
  220         requiring the board to enter into an agreement with
  221         the Department of Economic Opportunity for certain
  222         purposes; providing requirements for such agreement;
  223         requiring the Board of Governors to develop a
  224         prioritized list of capital projects based on
  225         previously funded but not completed projects and
  226         ranked priorities at state universities; requiring the
  227         Board of Governors to develop a points-based
  228         prioritization method to rank projects based on
  229         specified criteria; requiring the board to consider
  230         specified criteria for certain projects; requiring
  231         weighted values within the point scale; requiring the