Senate Bill 1358c1
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Florida Senate - 1998 CS for SB's 1358 & 160
By the Committee on Education and Senators Grant, Kirkpatrick,
Holzendorf, Horne, Clary, Cowin, Diaz-Balart, Latvala, Dyer,
Silver, Casas, Klein, Kurth, Turner, Williams, Sullivan,
Rossin, Crist, Harris, Forman, Thomas, Meadows, Lee, Burt,
Bronson, McKay and Dudley
304-1823-98
1 A bill to be entitled
2 An act relating to postsecondary education;
3 amending s. 110.131, F.S.; deleting the
4 requirement that the Board of Regents comply
5 with recordkeeping and reporting requirements
6 for other-personal-services employment;
7 amending s. 228.055, F.S.; providing for a
8 regional autism center; amending s. 235.055,
9 F.S.; deleting authority of the Board of
10 Regents to construct facilities on leased
11 property and enter into certain leases;
12 amending s. 235.195, F.S.; modifying provisions
13 relating to joint-use facilities; amending s.
14 240.1201, F.S.; classifying specified Canadian
15 military personnel as residents for tuition
16 purposes; amending s. 240.147, F.S.; correcting
17 a cross-reference; amending s. 240.205, F.S.;
18 revising the acquisition and contracting
19 authority of the Board of Regents; amending s.
20 240.209, F.S.; authorizing procedures to
21 administer an acquisition program; authorizing
22 the Board of Regents to sell, convey, transfer,
23 exchange, trade, or purchase real property and
24 related improvements; providing requirements;
25 amending s. 240.2097, F.S.; deleting a
26 requirement that the Board of Regents report to
27 the Legislature on limited-access programs;
28 revising requirements for student handbooks;
29 amending s. 240.214, F.S.; revising provisions
30 relating to the State University System
31 accountability process; amending s. 240.227,
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1 F.S.; revising the acquisition and contracting
2 authority of university presidents; authorizing
3 adjustment of property records and disposal of
4 certain tangible personal property; amending s.
5 240.241, F.S., relating to divisions of
6 sponsored research at state universities;
7 providing an exemption from certain contract
8 requirements; amending s. 240.2605, F.S.,
9 relating to the Trust Fund for Major Gifts;
10 deleting Board of Regents' rulemaking power;
11 authorizing the Board of Regents Foundation to
12 participate in the major gifts program;
13 amending s. 240.281, F.S.; revising the
14 authority for an institution to deposit certain
15 funds outside the State Treasury; amending s.
16 240.295, F.S., relating to fixed capital outlay
17 projects; providing for dormitories; deleting
18 Board of Regents' rulemaking power; amending s.
19 243.151, F.S.; providing a procedure under
20 which a university may construct facilities on
21 leased property; amending s. 287.012, F.S.;
22 excluding the Board of Regents and the State
23 University System from the term "agency" for
24 purposes of state procurement of commodities
25 and services; repealing ss. 240.225, 240.247,
26 240.4988(4), 287.017(3), F.S., relating to
27 delegation of authority by the Department of
28 Management Services to the State University
29 System, eradication of salary discrimination,
30 Board of Regents' rules for the Theodore R. and
31 Vivian M. Johnson Scholarship Program, and
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1 applicability of purchasing category rules to
2 the State University System; amending s.
3 240.2475, F.S., relating to the State
4 University System equity accountability
5 program; requiring each state university to
6 maintain an equity plan to increase the
7 representation of women and minorities in
8 faculty and administrative positions; providing
9 for the submission of reports; requiring the
10 development of a plan for achievement of
11 equity; providing for administrative
12 evaluations; requiring the development of a
13 budgetary incentive plan; providing for an
14 appropriation; amending s. 240.3355, F.S.,
15 relating to the State Community College System
16 equity accountability program; requiring each
17 community college to maintain a plan to
18 increase the representation of women and
19 minorities in faculty and administrative
20 positions; providing contents of an employment
21 accountability plan; requiring the development
22 of a plan for corrective action; providing for
23 administrative evaluations; providing for
24 submission of reports; requiring the
25 development of a budgetary incentive plan;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (a) of subsection (6) of section
31 110.131, Florida Statutes, is amended to read:
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1 110.131 Other-personal-services temporary
2 employment.--
3 (6)(a) The provisions of subsections (2), (3), and (4)
4 do not apply to any employee for whom the Board of Regents or
5 the Board of Trustees of the Florida School for the Deaf and
6 the Blind is the employer as defined in s. 447.203(2); except
7 that, for purposes of subsection (5), the Board of Regents and
8 the Board of Trustees of the Florida School for the Deaf and
9 the Blind shall comply with the recordkeeping and reporting
10 requirements adopted by the department pursuant to subsection
11 (3) with respect to those other-personal-services employees
12 exempted by this subsection.
13 Section 2. Subsection (1) of section 228.055, Florida
14 Statutes, is amended to read:
15 228.055 Regional autism centers.--
16 (1) Six Five regional autism centers are established
17 to provide nonresidential resource and training services for
18 persons of all ages and of all levels of intellectual
19 functioning who have autism, as defined in s. 393.063; who
20 have a pervasive developmental disorder that is not otherwise
21 specified; who have an autistic-like disability; who have a
22 dual sensory impairment; or who have a sensory impairment with
23 other handicapping conditions. Each center shall be
24 operationally and fiscally independent and shall provide
25 services within its geographical region of the state. Each
26 center shall coordinate services within and between state and
27 local agencies and school districts but may not duplicate
28 services provided by those agencies or school districts. The
29 respective locations and service areas of the centers are:
30 (a) The Department of Communication Disorders at
31 Florida State University, which serves Bay, Calhoun, Escambia,
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1 Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,
2 Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
3 Walton, and Washington Counties.
4 (b) The College of Medicine at the University of
5 Florida, which serves Alachua, Bradford, Citrus, Columbia,
6 Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake, Levy,
7 Marion, Orange, Osceola, Putnam, Seminole, Sumter, Suwannee,
8 and Union Counties.
9 (c) The University of Florida Health Science Center at
10 Jacksonville, which serves Baker, Brevard, Clay, Duval,
11 Flagler, Nassau, and St. Johns, and Volusia Counties. (d) The
12 Florida Mental Health Institute at the University of South
13 Florida, which serves Charlotte, Collier, DeSoto, Glades,
14 Hardee, Hendry, Highlands, Hillsborough, Indian River, Lee,
15 Manatee, Martin, Okeechobee, Pasco, Pinellas, Polk, St. Lucie,
16 and Sarasota Counties.
17 (d) The Florida Mental Health Institute at the
18 University of South Florida, which serves Charlotte, Collier,
19 DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough,
20 Indian River, Lee, Manatee, Martin, Okeechobee, Pasco,
21 Pinellas, Polk, St. Lucie, and Sarasota Counties.
22 (e) The Mailman Center for Child Development at the
23 University of Miami, which serves Broward, Dade, Monroe, and
24 Palm Beach Counties.
25 (f) The College of Health and Public Affairs at the
26 University of Central Florida, which serves Brevard, Lake,
27 Orange, Osceola, Seminole, Sumter, and Volusia Counties.
28 Section 3. Section 235.055, Florida Statutes, is
29 amended to read:
30 235.055 Construction of facilities on leased property;
31 conditions.--
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1 (1) A board may Boards, including the Board of
2 Regents, are authorized to construct or place educational
3 facilities and ancillary facilities on land which is owned by
4 any person after the board has acquired from the owner of the
5 land a long-term lease for the use of this land for a period
6 of not less than 40 years or the life expectancy of the
7 permanent facilities constructed thereon, whichever is longer.
8 (2) A board may, including the Board of Regents, is
9 authorized to enter into a short-term lease for the use of
10 land owned by any person on which temporary or relocatable
11 facilities are to be utilized.
12 Section 4. Subsections (2) and (4) of section 235.195,
13 Florida Statutes, are amended to read:
14 235.195 Cooperative development and use of facilities
15 by two or more boards.--
16 (2) An educational plant survey must be conducted
17 within 90 days after submission of the joint resolution and
18 substantiating data describing the benefits to be obtained,
19 the programs to be offered, and the estimated cost of the
20 proposed project. Upon completion of the educational plant
21 survey, the participating boards may include the recommended
22 projects in their plan as provided in s. 235.16. Upon approval
23 of the project by the commissioner, up to 25 percent of the
24 total cost of the project must be included in the department's
25 legislative capital outlay budget request as provided in s.
26 235.41 for educational plants. The participating boards must
27 include in their joint resolution a commitment to finance the
28 remaining funds necessary to complete the planning,
29 construction, and equipping of the facility. Funds from the
30 Public Education Capital Outlay and Debt Service Trust Fund
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1 may not be expended on any project unless specifically
2 authorized by the Legislature.
3 (4) No school board, community college, or state
4 university shall receive funding for more than one approved
5 joint-use facility in any 5-year period effective August 1,
6 1990. All projects previously approved under the provisions of
7 this section shall not be affected. The first year of the
8 5-year period shall be the first year a board receives an
9 appropriation.
10 Section 5. Paragraph (j) is added to subsection (10)
11 of section 240.1201, Florida Statutes, to read:
12 240.1201 Determination of resident status for tuition
13 purposes.--Students shall be classified as residents or
14 nonresidents for the purpose of assessing tuition fees in
15 public community colleges and universities.
16 (10) The following persons shall be classified as
17 residents for tuition purposes:
18 (j) Active duty members of the Canadian military
19 residing or stationed in this state under the North American
20 Air Defense (NORAD) agreement, and their spouses and dependent
21 children, attending a public community college or university
22 within 50 miles of the military establishment where they are
23 stationed.
24 Section 6. Subsection (4) of section 240.147, Florida
25 Statutes, is amended to read:
26 240.147 Powers and duties of the commission.--The
27 commission shall:
28 (4) Recommend to the State Board of Education
29 contracts with independent institutions to conduct programs
30 consistent with the state master plan for postsecondary
31 education. In making recommendations, the commission shall
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1 consider the annual report submitted by the Board of Regents
2 pursuant to s. 240.209(3)(s) s. 240.209(3)(r). Each program
3 shall be reviewed, with the cooperation of the institution,
4 every 5 years.
5 Section 7. Subsection (6) of section 240.205, Florida
6 Statutes, is amended to read:
7 240.205 Board of Regents incorporated.--The Board of
8 Regents is hereby created as a body corporate with all the
9 powers of a body corporate for all the purposes created by, or
10 that may exist under, the provisions of this chapter or laws
11 amendatory hereof and shall:
12 (6) Acquire real and personal property and contract
13 for the sale and disposal of same and approve and execute
14 contracts for the acquisition of commodities, goods,
15 equipment, contractual or services, including educational
16 services for leases of real and personal property, and for
17 construction, in accordance with chapter 287, as applicable.
18 The acquisition may include purchase by installment or
19 lease-purchase. Such contracts may provide for payment of
20 interest on the unpaid portion of the purchase price. The
21 board may also acquire the same commodities, goods, equipment,
22 contractual services, leases, and construction, as designated
23 for the board, for use by a university when the contractual
24 obligation exceeds $1 million $500,000. Title to all real
25 property, however acquired, shall be vested in the Board of
26 Trustees of the Internal Improvement Trust Fund and shall be
27 transferred and conveyed by it. Notwithstanding any other
28 provisions of this subsection, the Board of Regents shall
29 comply with the provisions of s. 287.055 for the procurement
30 of professional services as defined therein.
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1 Section 8. Paragraphs (e) and (r) of subsection (3) of
2 section 240.209, Florida Statutes, are amended, and subsection
3 (9) is added to that section, to read:
4 240.209 Board of Regents; powers and duties.--
5 (3) The board shall:
6 (e) Establish student fees.
7 1. By no later than December 1 of each year, the board
8 shall raise the systemwide standard for resident undergraduate
9 matriculation and financial aid fees for the subsequent fall
10 term, up to but no more than 25 percent of the prior year's
11 cost of undergraduate programs. In implementing this
12 paragraph, fees charged for graduate, medical, veterinary, and
13 dental programs may be increased by the Board of Regents in
14 the same percentage as the increase in fees for resident
15 undergraduates. However, in the absence of legislative action
16 to the contrary in an appropriations act, the board may not
17 approve annual fee increases for resident students in excess
18 of 10 percent. The sum of nonresident student matriculation
19 and tuition fees must be sufficient to defray the full cost of
20 undergraduate education. Graduate, medical, veterinary, and
21 dental fees charged to nonresidents may be increased by the
22 board in the same percentage as the increase in fees for
23 nonresident undergraduates. However, in implementing this
24 policy and in the absence of legislative action to the
25 contrary in an appropriations act, annual fee increases for
26 nonresident students may not exceed 25 percent. In the absence
27 of legislative action to the contrary in the General
28 Appropriations Act, the fees shall go into effect for the
29 following fall term.
30 2. When the appropriations act requires a new fee
31 schedule, the board shall establish a systemwide standard fee
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1 schedule required to produce the total fee revenue established
2 in the appropriations act based on the product of the assigned
3 enrollment and the fee schedule. The board may approve the
4 expenditure of any fee revenues resulting from the product of
5 the fee schedule adopted pursuant to this section and the
6 assigned enrollment.
7 3. Upon provision of authority in a General
8 Appropriations Act to spend revenue raised pursuant to this
9 section, the board shall approve a university request to
10 implement a matriculation and out-of-state tuition fee
11 schedule which is calculated to generate revenue which varies
12 no more than 10 percent from the standard fee revenues
13 authorized through an appropriations act. In implementing an
14 alternative fee schedule, the increase in cost to a student
15 taking 15 hours in one term shall be limited to 5 percent.
16 Matriculation and out-of-state tuition fee revenues generated
17 as a result of this provision are to be expended for
18 implementing a plan for achieving accountability goals adopted
19 pursuant to s. 240.214(2) and for implementing a Board of
20 Regents-approved plan to contain student costs by reducing the
21 time necessary for graduation without reducing the quality of
22 instruction. The plans shall be recommended by a
23 universitywide committee, at least one-half of whom are
24 students appointed by the student body president. A
25 chairperson, appointed jointly by the university president and
26 the student body president, shall vote only in the case of a
27 tie.
28 4. The board is authorized to collect for financial
29 aid purposes an amount not to exceed 5 percent of the student
30 tuition and matriculation fee per credit hour. The revenues
31 from fees are to remain at each campus and replace existing
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1 financial aid fees. Such funds shall be disbursed to students
2 as quickly as possible. The board shall specify specific
3 limits on the percent of the fees collected in a fiscal year
4 which may be carried forward unexpended to the following
5 fiscal year. A minimum of 50 percent of funds from the student
6 financial aid fee shall be used to provide financial aid based
7 on absolute need. A student who has received an award prior to
8 July 1, 1984, shall have his or her eligibility assessed on
9 the same criteria that was used at the time of his or her
10 original award.
11 5. The board may recommend to the Legislature an
12 appropriate systemwide standard matriculation and tuition fee
13 schedule.
14 6. The Education and General Student and Other Fees
15 Trust Fund is hereby created, to be administered by the
16 Department of Education. Funds shall be credited to the trust
17 fund from student fee collections and other miscellaneous fees
18 and receipts. The purpose of the trust fund is to support the
19 instruction and research missions of the State University
20 System. Notwithstanding the provisions of s. 216.301, and
21 pursuant to s. 216.351, any balance in the trust fund at the
22 end of any fiscal year shall remain in the trust fund and
23 shall be available for carrying out the purposes of the trust
24 fund.
25 (r) Adopt such rules as are necessary to carry out its
26 duties and responsibilities, including, but not limited to,
27 procedures to administer an acquisition program for the
28 purchase or lease of real and personal property and
29 contractual services pursuant to s. 240.205(6).
30 (9) Notwithstanding the provisions of s. 253.025, the
31 Board of Regents may, with the consent of the Board of
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1 Trustees of the Internal Improvement Trust Fund, sell, convey,
2 transfer, exchange, trade, or purchase real property and
3 related improvements necessary and desirable to serve the
4 needs and purposes of a university in the State University
5 System.
6 (a) The board may secure appraisals and surveys. The
7 board shall comply with the rules of the Board of Trustees of
8 the Internal Improvement Trust Fund in securing appraisals.
9 Whenever the board finds it necessary for timely property
10 acquisition, it may contract, without the need for competitive
11 selection, with one or more appraisers whose names are
12 contained on the list of approved appraisers maintained by the
13 Division of State Lands in the Department of Environmental
14 Protection.
15 (b) The board may negotiate and enter into an option
16 contract before an appraisal is obtained. The option contract
17 must state that the final purchase price may not exceed the
18 maximum value allowed by law. The consideration for such an
19 option contract may not exceed 10 percent of the estimate
20 obtained by the board or 10 percent of the value of the
21 parcel, whichever is greater, unless otherwise authorized by
22 the board.
23 (c) This subsection is not intended to abrogate in any
24 manner the authority delegated to the Board of Trustees of the
25 Internal Improvement Trust Fund or the Division of State Lands
26 to approve a contract for purchase of state lands or to
27 require policies and procedures to obtain clear legal title to
28 parcels purchased for state purposes. Title to property
29 acquired by the board shall vest in the Board of Trustees of
30 the Internal Improvement Trust Fund.
31
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1 Section 9. Subsections (1) and (3) of section
2 240.2097, Florida Statutes, are amended to read:
3 240.2097 Education programs, limited access status;
4 transfer students; student handbook; rules.--The Board of
5 Regents shall adopt rules to include the following provisions:
6 (1) The criteria for assigning limited access status
7 to an educational program shall be delineated. A process for
8 the periodic review of programs shall be identified so that
9 the board can determine the need for retention or removal of
10 limited access status. The board shall provide in a report to
11 the Legislature, by institution, a list of all limited access
12 programs, the minimum admission standards for each program,
13 and a copy of the most recent review demonstrating the need
14 for retention of limited access status. Such report shall be
15 submitted by December 1, 1990, and annually thereafter.
16 (3) Each university shall review compile and update as
17 necessary annually a student handbook that includes, but is
18 not limited to, a comprehensive calendar that emphasizes
19 important dates and deadlines, student rights and
20 responsibilities, appeals processes available to students, a
21 roster of contact persons within the administrative staff
22 available to respond to student inquiries, and a statement as
23 to the State University System policy on acquired immune
24 deficiency syndrome including the name and telephone number of
25 the university acquired immune deficiency syndrome counselor.
26 Each student handbook must include a statement displayed
27 prominently which provides that the university will not
28 tolerate the sale, possession, or use of controlled
29 substances, with the exception of medication prescribed by a
30 physician and taken in accordance with the prescribed usage,
31 nor will the university tolerate the consumption of alcoholic
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1 beverages by students younger than 21 years of age or the sale
2 of alcoholic beverages to students younger than 21 years of
3 age. Each student handbook must also list the legal and
4 university-specific sanctions that will be imposed upon
5 students who violate the law or university policies regarding
6 controlled substances and alcoholic beverages.
7 Section 10. Section 240.214, Florida Statutes, is
8 amended to read:
9 240.214 State University System accountability
10 process.--It is the intent of the Legislature that an
11 accountability process be implemented which provides for the
12 systematic, ongoing evaluation of quality and effectiveness in
13 the State University System. It is further the intent of the
14 Legislature that this accountability process monitor
15 performance at the system level in each of the major areas of
16 instruction, research, and public service, while recognizing
17 the differing missions of each of the state universities. The
18 accountability process shall provide for the adoption of
19 systemwide performance standards and performance goals for
20 each standard identified through a collaborative effort
21 involving the State University System, the Legislature, and
22 the Governor's Office. These standards and goals shall be
23 consistent with s. 216.011(1) to maintain congruity with the
24 performance-based budgeting process. This process requires
25 that university accountability reports reflect measures
26 defined through performance-based budgeting. The
27 performance-based budgeting measures must also reflect the
28 elements of teaching, research, and service inherent in the
29 missions of the institutions in the State University System.
30 The accountability process shall result in an annual
31 accountability report to the Legislature.
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1 (1) The annual accountability report shall include
2 goals and measurable objectives related to the systemwide
3 strategic plan pursuant to s. 240.209. The plan must include,
4 at a minimum, objectives related to the following measures:
5 (a) Total student credit hours;
6 (b) Total number of contact hours of instruction
7 produced by faculty, by institution, rank, and course level;
8 (c) Pass rates on professional licensure examinations,
9 by institution;
10 (d) Institutional quality as assessed by followup,
11 such as analyses of employment information on former students,
12 national rankings, and surveys of alumni, parents, clients,
13 and employers;
14 (e) Length of time and number of academic credits
15 required to complete an academic degree, by institution and by
16 degree;
17 (f) Enrollment, progression, retention, and graduation
18 rates by race and gender;
19 (g) Student course demand;
20 (h) An analysis of administrative and support
21 functions;
22 (i) Every 3 years, beginning 1995-1996, an analysis of
23 the cumulative debt of students; and
24 (j) An evaluation of the production of classroom
25 contact hours at each university in comparison to a standard
26 of 12 contact hours per term or 32 contact hours per year for
27 each full-time instructional position and the level of funding
28 provided for instruction.
29 (1)(2) By December 31 of each year, the Board of
30 Regents shall submit an the annual accountability report
31 providing information on the implementation of performance
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1 standards, actions taken to improve university achievement of
2 performance goals, the achievement of performance goals during
3 the prior year, and initiatives to be undertaken during the
4 next year. The accountability reports shall be designed in
5 consultation with the Governor's Office, the Office of the
6 Auditor General, and the Legislature.
7 (2)(3) The Board of Regents shall recommend in the
8 annual accountability report any appropriate modifications to
9 this section.
10 Section 11. Subsections (12) and (13) of section
11 240.227, Florida Statutes, are amended to read:
12 240.227 University presidents; powers and duties.--The
13 president is the chief administrative officer of the
14 university and is responsible for the operation and
15 administration of the university. Each university president
16 shall:
17 (12) Approve and execute contracts for the acquisition
18 of commodities, goods, for equipment, for services, including
19 educational services, for leases of for real and personal
20 property, and for construction to be rendered to or by the
21 university, provided such contracts are made pursuant to rules
22 of the Board of Regents the provisions of chapter 287, as
23 applicable, are for the implementation of approved programs of
24 the university, and do not require expenditures in excess of
25 $1 million $500,000. The acquisition Goods and equipment may
26 be made acquired by installment or lease-purchase contract.
27 Such contracts may provide for the payment of interest on the
28 unpaid portion of the purchase price. Notwithstanding any
29 other provisions of this subsection, university presidents
30 shall comply with the provisions of s. 287.055 for the
31 procurement of professional services and may approve and
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1 execute all contracts for planning, construction, and
2 equipment for projects with building programs and construction
3 budgets approved by the Board of Regents.
4 (13) Manage the property and financial resources of
5 the university, including, but not limited to, having the
6 authority to adjust property records and dispose of
7 state-owned tangible personal property in the university's
8 custody in accordance with procedures established by the Board
9 of Regents. Notwithstanding the provisions of s. 273.055(5),
10 all moneys received from the disposition of state-owned
11 tangible personal property shall be retained by the university
12 and disbursed for the acquisition of tangible personal
13 property and for all necessary operating expenditures. The
14 university shall maintain records of the accounts into which
15 such moneys are deposited pursuant to s. 240.225.
16 Section 12. Subsection (16) is added to section
17 240.241, Florida Statutes, to read:
18 240.241 Divisions of sponsored research at state
19 universities.--
20 (16) Section 216.346 does not apply to contracts or
21 subcontracts between state universities.
22 Section 13. Section 240.2605, Florida Statutes, is
23 amended to read:
24 240.2605 Trust Fund for Major Gifts.--
25 (1) There is established a Trust Fund for Major Gifts.
26 The purpose of the Such trust fund is to enable shall provide
27 the Board of Regents Foundation, each university, and New
28 College with the opportunity to provide donors with an
29 incentive in the form of matching grants for donations for the
30 establishment of permanent endowments, which must shall be
31 invested, with the proceeds of the investment used to support
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1 libraries and instruction and research programs, as defined by
2 procedure rule of the Board of Regents. All funds appropriated
3 for the challenge grants, new donors, major gifts, or eminent
4 scholars program must shall be deposited into the trust fund
5 and invested pursuant to the provisions of s. 18.125 until the
6 Board of Regents allocates the such funds to universities to
7 match private donations. Notwithstanding the provisions of s.
8 216.301 and pursuant to s. 216.351, any undisbursed balance
9 remaining in the trust fund and interest income accruing to
10 the portion of the trust fund which is not matched and
11 distributed to universities must remain in the trust fund and
12 used to shall increase the total funds available for challenge
13 grants. The Board of Regents may authorize any university to
14 encumber the state matching portion of a challenge grant from
15 funds available under s. 240.272.
16 (2) The Board of Regents shall specify the process for
17 submission, documentation, and approval of requests for
18 matching funds, accountability for endowments and proceeds of
19 endowments, allocations to universities, restrictions on the
20 use of the proceeds from endowments, and criteria used in
21 determining the value of donations.
22 (3)(a) The Board of Regents shall allocate the amount
23 appropriated to the trust fund shall be allocated by the Board
24 of Regents to the Board of Regents Foundation, each
25 university, and New College based on the amount of the
26 donation and the restrictions applied to the donation.
27 (b) Donations for a specific purpose must be are
28 matched in the following manner:
29 1. The Board of Regents Foundation and each university
30 that raises at least $100,000 but no more than $599,999 from a
31
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1 private source must shall receive a matching grant equal to 50
2 percent of the private contribution.
3 2. The Board of Regents Foundation and each university
4 that raises a contribution of at least $600,000 but no more
5 than $1 million from a private source must shall receive a
6 matching grant equal to 70 percent of the private
7 contribution.
8 3. The Board of Regents Foundation and each university
9 that raises a contribution in excess of $1 million but no more
10 than $1.5 million from a private source must shall receive a
11 matching grant equal to 75 percent of the private
12 contribution.
13 4. The Board of Regents Foundation and each university
14 that raises a contribution in excess of $1.5 million but no
15 more than $2 million from a private source must shall receive
16 a matching grant equal to 80 percent of the private
17 contribution.
18 5. The Board of Regents Foundation and each university
19 that raises a contribution in excess of $2 million from a
20 private source must shall receive a matching grant equal to
21 100 percent of the private contribution.
22 (c) The Board of Regents shall encumber state matching
23 funds for any pledged contributions, pro rata, based on the
24 requirements for state matching funds as specified for the
25 particular challenge grant and the amount of the private
26 donations actually received by the university or Board of
27 Regents Foundation for the respective challenge grant.
28 (4) Matching funds may be provided for contributions
29 encumbered or pledged under the Florida Endowment Trust Fund
30 for Eminent Scholars Act prior to July 1, 1994, and for
31 donations or pledges of any amount equal to or in excess of
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1 the prescribed minimums which are pledged for the purpose of
2 this section.
3 (5)(a) The Board of Regents Foundation, each
4 university foundation, and New College Foundation shall
5 establish a challenge grant account for each challenge grant
6 as a depository for private contributions and state matching
7 funds to be administered on behalf of the Board of Regents,
8 the university, or New College. State matching funds must
9 shall be transferred to a university foundation or New College
10 Foundation upon notification that the university or New
11 College has received and deposited the amount specified in
12 this section in a foundation challenge grant account.
13 (b) The foundation serving a university and New
14 College Foundation each has shall have the responsibility for
15 the maintenance and investment of its challenge grant account
16 and for the administration of the program on behalf of the
17 university or New College, pursuant to procedures specified by
18 the Board of Regents. Each foundation shall include in its
19 annual report to the Board of Regents information concerning
20 collection and investment of matching gifts and donations and
21 investment of the account.
22 (c) A donation of at least $600,000 and associated
23 state matching funds may be used to designate designated as an
24 Eminent Scholar Endowed Chair pursuant to procedures specified
25 by the Board of Regents.
26 (6) The donations, state matching funds, or proceeds
27 from endowments established under pursuant to this section may
28 shall not be expended for the construction, renovation, or
29 maintenance of facilities or for the support of
30 intercollegiate athletics.
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1 (7) The Board of Regents Foundation may participate in
2 the same manner as a university foundation with regard to the
3 provisions of this section.
4 Section 14. Subsection (9) of section 240.281, Florida
5 Statutes, is amended to read:
6 240.281 Deposit of funds received by institutions and
7 agencies in the State University System.--All funds received
8 by any institution or agency in the State University System,
9 from whatever source received and for whatever purpose, shall
10 be deposited in the State Treasury subject to disbursement in
11 such manner and for such purposes as the Legislature may by
12 law provide. The following funds shall be exempt from the
13 provisions of this section and, with the approval of the Board
14 of Regents, may be deposited outside the State Treasury:
15 (9) Such other funds as may be approved by the Board
16 of Regents and the Executive Office of the Governor subject to
17 the review provisions of s. 216.77.
18 Section 15. Subsections (2) and (3) of section
19 240.295, Florida Statutes, are amended to read:
20 240.295 State University System; authorization for
21 fixed capital outlay projects.--
22 (2) The following types of projects may be
23 accomplished pursuant to the restrictions identified in
24 subsection (1):
25 (a) Construction of any new buildings, or remodeling
26 of existing buildings, when funded from nonstate sources such
27 as federal grant funds, private gifts, grants, or lease
28 arrangements if such grants or gifts are given for the
29 specific purpose of construction;
30 (b) The replacement of any buildings destroyed by fire
31 or other calamity;
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1 (c) Construction of projects financed as provided in
2 s. 240.2093 or part I of chapter 243;
3 (d) Construction of dormitories or other auxiliary
4 accommodations;
5 (e)(d) Construction of new facilities or remodeling of
6 existing facilities to meet needs for research, provided that
7 such projects are financed pursuant to s. 240.241; or
8 (f)(e) Construction of facilities or remodeling of
9 existing facilities to meet needs as determined by the
10 university, provided that the amount of funds for any such
11 project does not exceed $500,000, and the trust funds, other
12 than the funds used to accomplish projects contemplated in
13 this subsection, are authorized and available for such
14 purposes.
15 (3) Other than those projects currently authorized, a
16 no project proposed by a university which is to be funded from
17 Capital Improvement Trust Fund fees or building fees may not
18 shall be submitted to the Board of Regents for approval
19 without prior consultation with the student government
20 association of that university. The Board of Regents shall
21 promulgate rules which are consistent with this requirement.
22 Section 16. Present subsection (4) of section 243.151,
23 Florida Statutes, is renumbered as subsection (5), present
24 subsection (3) is renumbered as subsection (4) and amended,
25 and a new subsection (3) is added to that section, to read:
26 243.151 Lease agreements; land, facilities.--
27 (3) Upon approval by the Board of Regents, a
28 university may:
29 (a) Construct educational facilities on land that is
30 owned by a direct-support organization, as defined in s.
31 240.299, or a governmental agency at the federal, state,
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1 county, or municipal level, if the university has acquired a
2 long-term lease for the use of the land. The lease must be
3 for at least 40 years or the expected time the facilities to
4 be constructed on the land are expected to remain in a
5 condition acceptable for use, whichever is longer.
6 (b) Acquire a short-term lease from one of the
7 entities listed in paragraph (a) for the use of land, if
8 adequate temporary or relocatable facilities are available on
9 the land.
10 (c) Enter into a short-term lease for the use of land
11 and buildings upon which capital improvements may be made.
12
13 If sufficient land is not available from any of the entities
14 listed in paragraph (a), a university may acquire a short-term
15 lease from a private landowner or developer.
16 (4)(3) Agreements as provided in this section shall be
17 entered into with an offeror resulting from publicly announced
18 competitive bids or proposals, except that the university may
19 enter into an agreement with an entity enumerated in paragraph
20 (3)(a) for leasing land or with a direct-support organization
21 as provided in s. 240.299, which shall enter into subsequent
22 agreements for financing and constructing the project after
23 receiving competitive bids or proposals. Any facility
24 constructed, lease-purchased, or purchased under such
25 agreements, whether erected on land under the jurisdiction of
26 the university or not, shall conform to the construction
27 standards and codes applicable to university facilities. The
28 Board of Regents shall adopt such rules as are necessary to
29 carry out its duties and responsibilities imposed by this
30 section.
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1 Section 17. Subsection (1) of section 287.012, Florida
2 Statutes, is amended to read:
3 287.012 Definitions.--The following definitions shall
4 apply in this part:
5 (1) "Agency" means any of the various state officers,
6 departments, boards, commissions, divisions, bureaus, and
7 councils and any other unit of organization, however
8 designated, of the executive branch of state government.
9 "Agency" does not include the Board of Regents or the State
10 University System.
11 Section 18. Section 240.247, subsection (4) of section
12 240.4988, subsection (3) of section 287.017, and section
13 240.225, Florida Statutes, are repealed.
14 Section 19. Section 240.2475, Florida Statutes, is
15 amended to read:
16 240.2475 State University System employment equity
17 accountability program.--
18 (1) No later than August 1, 1992, Each state
19 university shall maintain an annual equity develop a plan for
20 appropriate representation increasing the number of women and
21 minorities in senior-level administrative positions, within
22 tenure-track faculty, and within faculty granted tenure. Such
23 plan shall be maintained until appropriate representation has
24 been achieved. As used in this subsection, the term:
25 (a) "Appropriate representation" means category
26 employment representation that at least meets comparable
27 national standards for at least two consecutive reporting
28 periods.
29 (b) "Category" means major executive, administrative,
30 and professional grouping, including senior-level
31 administrative and professional positions, senior academic
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1 administrative-level positions, and tenure-track faculty for
2 increasing the number of women and minorities in ranked
3 faculty positions, and for increasing the number of women and
4 minorities granted tenure. The plan must include specific
5 measurable goals and objectives, specific strategies for
6 accomplishing these goals and objectives, a time period for
7 accomplishing these goals and objectives, and comparative
8 national standards. The plan shall be submitted to the
9 Legislature on or before September 1, 1992.
10 (2)(a) By April 1 October 31 of each year, each state
11 university president shall submit an annual equity
12 accountability report to the Chancellor and the Board of
13 Regents. The equity report shall consist of a status update,
14 an analysis, and a status report of selected personnel
15 transactions. As used in this paragraph, the term, "selected
16 personnel transactions" means new hires in, promotions into,
17 tenure actions in, and terminations from a category. Each
18 university shall provide the job classification title, gender,
19 race, and appointment status of selected personnel
20 transactions. The status update shall assess
21 underrepresentation in each category. The status report shall
22 consist of current category employment representation,
23 comparable national standards, an evaluation of
24 representation, and annual goals to address
25 underrepresentation. which shows the number of administrative
26 positions in the faculty and in the administrative and
27 professional pay plans which were filled in the previous
28 fiscal year. Administrative positions include faculty
29 positions that, in whole or in part, are defined as academic
30 administration under standard practice CM 87-17.1 and
31 positions in the administrative and professional pay plans
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1 that are defined as administrative positions under the Board
2 of Regents' classification of occupational groupings. The
3 report must include the following information pertaining to
4 the employees hired in those positions:
5 1. Job classification title;
6 2. Gender;
7 3. Ethnicity;
8 4. Appointment status pursuant to chapter 6C-5.105,
9 Florida Administrative Code;
10 5. The salary at which the individual was hired;
11 6. Comparative information including, but not limited
12 to, composite information regarding the total number of
13 positions within the particular job title classification for
14 the university by race, gender, and the average salary or
15 salary range, where applicable, compared to the number of new
16 hires;
17 7. Guidelines for ensuring a gender-balanced and
18 ethnically balanced selection committee for each vacancy;
19 8. Steps taken to develop a diverse pool of candidates
20 for each vacancy; and
21 9. An assessment of the university's accomplishment of
22 annual goals and of long-range goals for hiring and promoting
23 women and minorities in senior-level administrative positions.
24 (b) After 1 year of implementation of a plan, and
25 annually thereafter, for those categories in which prior year
26 goals were not achieved, each university shall provide, in its
27 annual equity report, a narrative explanation and a plan for
28 achievement of equity. The plan shall include guidelines for
29 ensuring balanced membership on selection committees and
30 specific steps for developing a diverse pool of candidates for
31 each vacancy in the category. The plan shall also include a
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1 systematic process by which those responsible for hiring are
2 provided information and are evaluated regarding their
3 responsibilities pursuant to this section. Each university's
4 equity accountability report must also include the following
5 information pertaining to candidates formally applying for
6 tenure:
7 1. Rank;
8 2. Gender;
9 3. Ethnicity;
10 4. The salary at which the individual was hired; and
11 5. Comparative information including, but not limited
12 to, composite information regarding the total number of
13 positions within the particular classification for the
14 university by race, gender, and the average salary or salary
15 range, where applicable, compared to the number of new hires.
16 (c) The equity report shall include an analysis and
17 assessment of the university's accomplishment of annual goals,
18 as specified in the university's affirmative action plan, for
19 increasing the representation of women and minorities in
20 tenure-earning and senior-level administrative positions. The
21 report must also include:
22 1. The requirements for achieving tenure;
23 2. The gender and ethnic composition of the committees
24 that review tenure recommendations at the department, college,
25 and university levels;
26 3. Guidelines for ensuring the equitable distribution
27 of assignments that would enhance tenure opportunities for
28 women and minority faculty; and
29 4. Guidelines for obtaining feedback on the annual
30 progress towards achievement of tenure by women and
31 minorities.
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1 (d) The equity report shall also include the current
2 rank, race, and gender of faculty eligible for tenure in a
3 category. In addition, each university shall report
4 representation of the pool of tenure-eligible faculty at each
5 stage of the transaction process, and provide certification
6 that each eligible faculty member was apprised annually of
7 progress toward tenure. Each university shall also report on
8 the dissemination of standards for achieving tenure; racial
9 and gender composition of committees reviewing recommendations
10 at each transaction level; and dissemination of guidelines for
11 equitable distribution of assignments.
12 (3)(a) A factor in the evaluation of university
13 presidents, vice presidents, deans, and chairpersons shall be
14 their annual progress in achieving the annual and long-range
15 hiring and promotional goals and objectives, as specified in
16 the university's equity plan and affirmative action plan.
17 Annual budget allocations for positions and funding shall be
18 based on this evaluation. A summary of such evaluations Such
19 evaluation shall be submitted to the Chancellor and the Board
20 of Regents as part of the university's annual equity report.
21 (b) Beginning January 1994, The Chancellor and the
22 Board of Regents shall annually evaluate the performance of
23 the university presidents in achieving the annual equity and
24 long-term goals and objectives. A summary of the results of
25 such evaluations shall be included as part of the annual
26 equity progress report submitted by the Board of Regents to
27 the Legislature and the State Board of Education.
28 (4) The Board of Regents shall submit an annual equity
29 progress report to the President of the Senate, the Speaker of
30 the House of Representatives, Legislature and the State Board
31 of Education on or before August December 1 of each year.
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1 (5) Each university shall develop a budgetary
2 incentive plan to support and ensure attainment of the goals
3 developed pursuant to this section. The plan shall specify, at
4 a minimum, how resources shall be allocated to support the
5 achievement of goals and the implementation of strategies in a
6 timely manner. After prior review and approval by the
7 university president and the Board of Regents, the plan shall
8 be submitted as part of the annual equity report submitted by
9 each university to the Board of Regents. Effective July 1,
10 1993, positions that become vacant in the faculty or the
11 administrative and professional pay plans at a university
12 shall be transferred into a pool at that university to be
13 allocated by the administration to departments to reward
14 department managers for attaining equity goals. Each
15 university president shall develop rules regarding the filling
16 of vacant positions and the transferring of positions into the
17 pool. Such rules must provide for a total cap on the vacant
18 position pool at 10 percent of the number of vacant positions
19 for the university as of the date of the preparation of the
20 initial operating budget for each year. The rule must also
21 provide that the number of positions to be transferred into
22 the vacant position pool, at the departmental level, may not
23 exceed 10 percent of the total number of authorized positions
24 for the department as of the date of the preparation of the
25 initial operating budget for each year. Subject to available
26 funding, the Legislature shall provide an annual appropriation
27 to be allocated to the department managers in recognition of
28 the attainment of equity goals and objectives.
29 (6) Relevant components of each university's
30 affirmative action plan may be used to satisfy the
31 requirements of this section.
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1 (7) Subject to available funding, the Legislature
2 shall provide an annual appropriation to the Board of Regents
3 to be allocated to the universities to further enhance equity
4 initiatives and related priorities that support the mission of
5 departments, divisions, or colleges in recognition of the
6 attainment of equity goals and objectives.
7 Section 20. Section 240.3355, Florida Statutes, is
8 amended to read:
9 240.3355 Community College System employment equity
10 accountability program.--
11 (1) No later than May 1, 1993, Each community college
12 shall include in its annual equity update plan must include a
13 plan for increasing the representation number of women and
14 minorities in senior-level administrative positions and, for
15 increasing the number of women and minorities in full-time
16 ranked faculty positions, and for increasing the
17 representation number of women and minorities who have
18 attained continuing-contract status. Positions shall be
19 defined in the personnel data element directory of the
20 Division of Community Colleges. The plan must include specific
21 measurable goals and objectives, specific strategies and
22 timelines for accomplishing these goals and objectives, and
23 comparable national standards as provided by the Division of
24 Community Colleges a time period for accomplishing these goals
25 and objectives. The goals and objectives shall be based on
26 meeting or exceeding comparable national standards and shall
27 be reviewed and recommended by the State Board of Community
28 Colleges as appropriate. Such plans shall be maintained until
29 appropriate representation has been achieved and maintained
30 for at least 3 consecutive reporting years.
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1 (2)(a) On or before May 1 of each year, each community
2 college president shall submit an the annual employment
3 accountability plan equity update to the Executive Director of
4 the State Board of Community Colleges. The accountability
5 plan equity update must show faculty and administrator
6 employment data according to requirements specified on the
7 federal Equal Employment Opportunity (EE0-6) report the number
8 of deans, associates, assistant deans, vice presidents,
9 associate and assistant presidents, provosts, legal counsel,
10 and similar administrative positions which were filled in the
11 previous 12-month period. Administrative positions include
12 faculty positions that, in whole or in part, are defined as
13 academic administration by rule and positions that are defined
14 as administrative positions under the Community College
15 System's classification of occupational groupings.
16 (b) The plan report must show the following
17 information for those positions including, but not limited to:
18 1. Job classification title.;
19 2. Gender.;
20 3. Ethnicity.;
21 4. Appointment status.;
22 5. Salary information. At each community college,
23 salary information shall also include including the salary
24 ranges in which new hires were employed compared to the salary
25 ranges for employees with comparable experience and
26 qualifications. at which the individual was hired compared to
27 the salary range for the respective position and to other
28 employees in the same job title classification;
29 6. Other comparative information including, but not
30 limited to, composite information regarding the total number
31 of positions within the particular job title classification
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1 for the community college by race, gender, and salary range
2 compared to the number of new hires.;
3 7. A statement certifying diversity and balance in the
4 gender and ethnic composition of the selection committee for
5 each vacancy, including a brief description of guidelines used
6 for ensuring balanced and diverse membership on selection and
7 review committees.;
8 8. Steps taken to develop a diverse pool of candidates
9 for each vacancy; and
10 (c)9. The annual employment accountability plan shall
11 also include an analysis and an assessment of the community
12 college's attainment accomplishment of annual goals and of
13 long-range goals for increasing the number of women and
14 minorities in faculty and senior-level administrative
15 positions, and a corrective action plan for addressing
16 underrepresentation.
17 (d)(c) Each community college's employment equity
18 accountability plan report must also include:
19 1. The requirements for receiving a continuing
20 contract.;
21 2. A brief description of the process used to grant
22 The gender and ethnic composition of the committees that
23 review continuing-contract status. recommendations;
24 3. A brief description of the process used to annually
25 apprise each eligible faculty member of progress toward
26 attainment of continuing-contract status. The enhancement of
27 continuing-contract opportunities for women and minority
28 faculty; and
29 4. Written documentation of feedback on the annual
30 progress towards achievement of continuing-contract status by
31 women and minorities.
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1 (3) Community college presidents and the heads of each
2 major administrative division shall be evaluated annually on
3 the progress made toward meeting the goals and objectives of
4 the community college's employment accountability equity
5 update plan.
6 (a) The community college presidents, or the
7 president's designee, shall annually evaluate each department
8 chairperson, dean, provost, and vice president in achieving
9 the annual and long-term goals and objectives. A summary of
10 the results of such evaluations shall be reported annually by
11 the president of the community college to the board of
12 trustees. Annual budget allocations by the board of trustees
13 for positions and funding must take into consideration these
14 evaluations this evaluation.
15 (b) Beginning January 1994, Community college district
16 boards of trustees shall annually evaluate the performance of
17 the community college presidents in achieving the annual and
18 long-term goals and objectives. A summary of the results of
19 such evaluations shall be reported to the Executive Director
20 of the State Board of Community Colleges as part of the
21 community college's annual employment accountability plan, and
22 to the Legislature and State Board of Education as part of the
23 annual equity progress report submitted by the State Board of
24 Community Colleges.
25 (4)(c) The State Board of Community Colleges shall
26 submit an annual equity progress report to the President of
27 the Senate, the Speaker of the House of Representatives,
28 Legislature and the State Board of Education on or before
29 January December 1 of each year.
30 (5) Each community college shall develop a budgetary
31 incentive plan to support and ensure attainment of the goals
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1 developed pursuant to this section. The plan shall specify,
2 at a minimum, how resources shall be allocated to support the
3 achievement of goals and the implementation of strategies in a
4 timely manner. After prior review and approval by the
5 community college president and the State Board of Community
6 Colleges, the plan shall be submitted as part of the annual
7 employment accountability plan submitted by each community
8 college to the State Board of Community Colleges.
9 (6)(4) Subject to available funding, the Legislature
10 shall provide an annual appropriation to the State Board of
11 Community Colleges to be allocated to community college
12 presidents, faculty, and administrative personnel to further
13 enhance equity initiatives and related priorities that support
14 the mission of colleges and departments the department
15 managers in recognition of the attainment of the equity goals
16 and objectives.
17 Section 21. This act shall take effect July 1, 1998.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SBs 1358 and 160
3
4 The Committee Substitute for Senate Bills 1358 and 160
contains all of the provisions of Senate Bill 1358 and the
5 following following provisions that are in Senate Bill 160:
6 Permission for state universities that contract with one
another to be exempt from a 5 percent limit on charges for
7 overhead. The limit applies to universities that contract with
state agencies or receive grants from state agencies to
8 conduct sponsored research activities.
9 Permission for the Board of Regents to participate in the
Trust Fund for Major Gifts.
10
Deletion of authority for universities to deposit funds
11 outside the State Treasury upon approval of the Board of
Regents and the Governor.
12
The authority to construct dormitories or other auxiliary
13 accommodations with fixed capital outlay dollars.
14 The Committee Substitute also establishes a sixth regional
autism center at the College of Health and Public Affairs at
15 the University of Central Florida.
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