Senate Bill 1358c2

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    Florida Senate - 1998            CS for CS for SB's 1358 & 160

    By the Committees on Ways and Means; 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

    301-2177A-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 for state universities and

  9         community colleges; amending s. 240.2605, F.S.,

10         relating to the Trust Fund for Major Gifts;

11         deleting Board of Regents' rulemaking power;

12         authorizing the Board of Regents Foundation to

13         participate in the major gifts program;

14         amending s. 240.281, F.S.; revising the

15         authority for an institution to deposit certain

16         funds outside the State Treasury; amending s.

17         243.151, F.S.; providing a procedure under

18         which a university may construct facilities on

19         leased property; amending s. 287.012, F.S.;

20         excluding the Board of Regents and the State

21         University System from the term "agency" for

22         purposes of state procurement of commodities

23         and services; repealing ss. 240.225, 240.247,

24         240.4988(4), 287.017(3), F.S., relating to

25         delegation of authority by the Department of

26         Management Services to the State University

27         System, eradication of salary discrimination,

28         Board of Regents' rules for the Theodore R. and

29         Vivian M. Johnson Scholarship Program, and

30         applicability of purchasing category rules to

31         the State University System; amending s.

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  1         240.2475, F.S., relating to the State

  2         University System equity accountability

  3         program; requiring each state university to

  4         maintain an equity plan to increase the

  5         representation of women and minorities in

  6         faculty and administrative positions; providing

  7         for the submission of reports; requiring the

  8         development of a plan for achievement of

  9         equity; providing for administrative

10         evaluations; requiring the development of a

11         budgetary incentive plan; providing for an

12         appropriation; amending s. 240.3355, F.S.,

13         relating to the State Community College System

14         equity accountability program; requiring each

15         community college to maintain a plan to

16         increase the representation of women and

17         minorities in faculty and administrative

18         positions; providing contents of an employment

19         accountability plan; requiring the development

20         of a plan for corrective action; providing for

21         administrative evaluations; providing for

22         submission of reports; requiring the

23         development of a budgetary incentive plan;

24         amending s. 240.2803, F.S., clarifying the

25         definition of auxiliary enterprises; amending

26         s. 3, ch. 75-381, Laws of Florida; providing

27         authority to the State Board of Administration

28         to invest certain funds; providing an effective

29         date.

30

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

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  1         Section 1.  Paragraph (a) of subsection (6) of section

  2  110.131, Florida Statutes, is amended to read:

  3         110.131  Other-personal-services temporary

  4  employment.--

  5         (6)(a)  The provisions of subsections (2), (3), and (4)

  6  do not apply to any employee for whom the Board of Regents or

  7  the Board of Trustees of the Florida School for the Deaf and

  8  the Blind is the employer as defined in s. 447.203(2); except

  9  that, for purposes of subsection (5), the Board of Regents and

10  the Board of Trustees of the Florida School for the Deaf and

11  the Blind shall comply with the recordkeeping and reporting

12  requirements adopted by the department pursuant to subsection

13  (3) with respect to those other-personal-services employees

14  exempted by this subsection.

15         Section 2.  Subsection (1) of section 228.055, Florida

16  Statutes, is amended to read:

17         228.055  Regional autism centers.--

18         (1)  Six Five regional autism centers are established

19  to provide nonresidential resource and training services for

20  persons of all ages and of all levels of intellectual

21  functioning who have autism, as defined in s. 393.063; who

22  have a pervasive developmental disorder that is not otherwise

23  specified; who have an autistic-like disability; who have a

24  dual sensory impairment; or who have a sensory impairment with

25  other handicapping conditions. Each center shall be

26  operationally and fiscally independent and shall provide

27  services within its geographical region of the state. Each

28  center shall coordinate services within and between state and

29  local agencies and school districts but may not duplicate

30  services provided by those agencies or school districts.  The

31  respective locations and service areas of the centers are:

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  1         (a)  The Department of Communication Disorders at

  2  Florida State University, which serves Bay, Calhoun, Escambia,

  3  Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,

  4  Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,

  5  Walton, and Washington Counties.

  6         (b)  The College of Medicine at the University of

  7  Florida, which serves Alachua, Bradford, Citrus, Columbia,

  8  Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake, Levy,

  9  Marion, Orange, Osceola, Putnam, Seminole, Sumter, Suwannee,

10  and Union Counties.

11         (c)  The University of Florida Health Science Center at

12  Jacksonville, which serves Baker, Brevard, Clay, Duval,

13  Flagler, Nassau, and St. Johns, and Volusia Counties. (d)  The

14  Florida Mental Health Institute at the University of South

15  Florida, which serves Charlotte, Collier, DeSoto, Glades,

16  Hardee, Hendry, Highlands, Hillsborough, Indian River, Lee,

17  Manatee, Martin, Okeechobee, Pasco, Pinellas, Polk, St. Lucie,

18  and Sarasota Counties.

19         (d)  The Florida Mental Health Institute at the

20  University of South Florida, which serves Charlotte, Collier,

21  DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough,

22  Indian River, Lee, Manatee, Martin, Okeechobee, Pasco,

23  Pinellas, Polk, St. Lucie, and Sarasota Counties.

24         (e)  The Mailman Center for Child Development at the

25  University of Miami, which serves Broward, Dade, Monroe, and

26  Palm Beach Counties.

27         (f)  The College of Health and Public Affairs at the

28  University of Central Florida, which serves Brevard, Lake,

29  Orange, Osceola, Seminole, Sumter, and Volusia Counties.

30         Section 3.  Section 235.055, Florida Statutes, is

31  amended to read:

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  1         235.055  Construction of facilities on leased property;

  2  conditions.--

  3         (1)  A board may Boards, including the Board of

  4  Regents, are authorized to construct or place educational

  5  facilities and ancillary facilities on land which is owned by

  6  any person after the board has acquired from the owner of the

  7  land a long-term lease for the use of this land for a period

  8  of not less than 40 years or the life expectancy of the

  9  permanent facilities constructed thereon, whichever is longer.

10         (2)  A board may, including the Board of Regents, is

11  authorized to enter into a short-term lease for the use of

12  land owned by any person on which temporary or relocatable

13  facilities are to be utilized.

14         Section 4.  Subsections (2), (3), and (4) of section

15  235.195, Florida Statutes, are amended to read:

16         235.195  Cooperative development and use of facilities

17  by two or more boards.--

18         (2)  An educational plant survey must be conducted

19  within 90 days after submission of the joint resolution and

20  substantiating data describing the benefits to be obtained,

21  the programs to be offered, and the estimated cost of the

22  proposed project.  Upon completion of the educational plant

23  survey, the participating boards may include the recommended

24  projects in their plan as provided in s. 235.16. Upon approval

25  of the project by the commissioner, up to 25 percent of the

26  total cost of the project, or the pro rata share based on

27  space utilization of 25 percent of the cost, must be included

28  in the department's legislative capital outlay budget request

29  as provided in s. 235.41 for educational plants.  The

30  participating boards must include in their joint resolution a

31  commitment to finance the remaining funds necessary to

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  1  complete the planning, construction, and equipping of the

  2  facility.  Funds from the Public Education Capital Outlay and

  3  Debt Service Trust Fund may not be expended on any project

  4  unless specifically authorized by the Legislature.

  5         (3)  Included in all proposals for joint-use facilities

  6  which result in the creation of one or more new campuses for

  7  public postsecondary educational institutions must be

  8  documentation that the proposed new campus or new joint-use

  9  facility has been reviewed by the Postsecondary Education

10  Planning Commission, recommended to the State Board of

11  Education, and has been formally requested for authorization

12  by the Legislature in accordance with s. 240.147(8).

13         (4)  No school board, community college, or state

14  university shall receive funding for more than one approved

15  joint-use facility per campus in any 3-year 5-year period

16  effective August 1, 1990. All projects previously approved

17  under the provisions of this section shall not be affected.

18  The first year of the 5-year period shall be the first year a

19  board receives an appropriation.

20         Section 5.  Paragraph (j) is added to subsection (10)

21  of section 240.1201, Florida Statutes, to read:

22         240.1201  Determination of resident status for tuition

23  purposes.--Students shall be classified as residents or

24  nonresidents for the purpose of assessing tuition fees in

25  public community colleges and universities.

26         (10)  The following persons shall be classified as

27  residents for tuition purposes:

28         (j)  Active duty members of the Canadian military

29  residing or stationed in this state under the North American

30  Air Defense (NORAD) agreement, and their spouses and dependent

31  children, attending a public community college or university

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  1  within 50 miles of the military establishment where they are

  2  stationed.

  3         Section 6.  Subsection (4) of section 240.147, Florida

  4  Statutes, is amended to read:

  5         240.147  Powers and duties of the commission.--The

  6  commission shall:

  7         (4)  Recommend to the State Board of Education

  8  contracts with independent institutions to conduct programs

  9  consistent with the state master plan for postsecondary

10  education. In making recommendations, the commission shall

11  consider the annual report submitted by the Board of Regents

12  pursuant to s. 240.209(3)(s) s. 240.209(3)(r). Each program

13  shall be reviewed, with the cooperation of the institution,

14  every 5 years.

15         Section 7.  Subsection (6) of section 240.205, Florida

16  Statutes, is amended to read:

17         240.205  Board of Regents incorporated.--The Board of

18  Regents is hereby created as a body corporate with all the

19  powers of a body corporate for all the purposes created by, or

20  that may exist under, the provisions of this chapter or laws

21  amendatory hereof and shall:

22         (6)  Acquire real and personal property and contract

23  for the sale and disposal of same and approve and execute

24  contracts for the acquisition of commodities, goods,

25  equipment, contractual or services, including educational

26  services for leases of real and personal property, and for

27  construction, in accordance with chapter 287, as applicable.

28  The acquisition may include purchase by installment or

29  lease-purchase. Such contracts may provide for payment of

30  interest on the unpaid portion of the purchase price.  The

31  board may also acquire the same commodities, goods, equipment,

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  1  contractual services, leases, and construction, as designated

  2  for the board, for use by a university when the contractual

  3  obligation exceeds $1 million $500,000.  Title to all real

  4  property, however acquired, shall be vested in the Board of

  5  Trustees of the Internal Improvement Trust Fund and shall be

  6  transferred and conveyed by it. Notwithstanding any other

  7  provisions of this subsection, the Board of Regents shall

  8  comply with the provisions of s. 287.055 for the procurement

  9  of professional services as defined therein.

10         Section 8.  Paragraphs (e) and (r) of subsection (3) of

11  section 240.209, Florida Statutes, are amended, and subsection

12  (9) is added to that section, to read:

13         240.209  Board of Regents; powers and duties.--

14         (3)  The board shall:

15         (e)  Establish student fees.

16         1.  By no later than December 1 of each year, the board

17  shall raise the systemwide standard for resident undergraduate

18  matriculation and financial aid fees for the subsequent fall

19  term, up to but no more than 25 percent of the prior year's

20  cost of undergraduate programs. In implementing this

21  paragraph, fees charged for graduate, medical, veterinary, and

22  dental programs may be increased by the Board of Regents in

23  the same percentage as the increase in fees for resident

24  undergraduates. However, in the absence of legislative action

25  to the contrary in an appropriations act, the board may not

26  approve annual fee increases for resident students in excess

27  of 10 percent. The sum of nonresident student matriculation

28  and tuition fees must be sufficient to defray the full cost of

29  undergraduate education. Graduate, medical, veterinary, and

30  dental fees charged to nonresidents may be increased by the

31  board in the same percentage as the increase in fees for

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  1  nonresident undergraduates. However, in implementing this

  2  policy and in the absence of legislative action to the

  3  contrary in an appropriations act, annual fee increases for

  4  nonresident students may not exceed 25 percent. In the absence

  5  of legislative action to the contrary in the General

  6  Appropriations Act, the fees shall go into effect for the

  7  following fall term.

  8         2.  When the appropriations act requires a new fee

  9  schedule, the board shall establish a systemwide standard fee

10  schedule required to produce the total fee revenue established

11  in the appropriations act based on the product of the assigned

12  enrollment and the fee schedule. The board may approve the

13  expenditure of any fee revenues resulting from the product of

14  the fee schedule adopted pursuant to this section and the

15  assigned enrollment.

16         3.  Upon provision of authority in a General

17  Appropriations Act to spend revenue raised pursuant to this

18  section, the board shall approve a university request to

19  implement a matriculation and out-of-state tuition fee

20  schedule which is calculated to generate revenue which varies

21  no more than 10 percent from the standard fee revenues

22  authorized through an appropriations act. In implementing an

23  alternative fee schedule, the increase in cost to a student

24  taking 15 hours in one term shall be limited to 5 percent.

25  Matriculation and out-of-state tuition fee revenues generated

26  as a result of this provision are to be expended for

27  implementing a plan for achieving accountability goals adopted

28  pursuant to s. 240.214(2) and for implementing a Board of

29  Regents-approved plan to contain student costs by reducing the

30  time necessary for graduation without reducing the quality of

31  instruction. The plans shall be recommended by a

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  1  universitywide committee, at least one-half of whom are

  2  students appointed by the student body president. A

  3  chairperson, appointed jointly by the university president and

  4  the student body president, shall vote only in the case of a

  5  tie.

  6         4.  The board is authorized to collect for financial

  7  aid purposes an amount not to exceed 5 percent of the student

  8  tuition and matriculation fee per credit hour. The revenues

  9  from fees are to remain at each campus and replace existing

10  financial aid fees. Such funds shall be disbursed to students

11  as quickly as possible. The board shall specify specific

12  limits on the percent of the fees collected in a fiscal year

13  which may be carried forward unexpended to the following

14  fiscal year. A minimum of 50 percent of funds from the student

15  financial aid fee shall be used to provide financial aid based

16  on absolute need. A student who has received an award prior to

17  July 1, 1984, shall have his or her eligibility assessed on

18  the same criteria that was used at the time of his or her

19  original award.

20         5.  The board may recommend to the Legislature an

21  appropriate systemwide standard matriculation and tuition fee

22  schedule.

23         6.  The Education and General Student and Other Fees

24  Trust Fund is hereby created, to be administered by the

25  Department of Education.  Funds shall be credited to the trust

26  fund from student fee collections and other miscellaneous fees

27  and receipts. The purpose of the trust fund is to support the

28  instruction and research missions of the State University

29  System. Notwithstanding the provisions of s. 216.301, and

30  pursuant to s. 216.351, any balance in the trust fund at the

31  end of any fiscal year shall remain in the trust fund and

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  1  shall be available for carrying out the purposes of the trust

  2  fund.

  3         (r)  Adopt such rules as are necessary to carry out its

  4  duties and responsibilities, including, but not limited to,

  5  procedures to administer an acquisition program for the

  6  purchase or lease of real and personal property and

  7  contractual services pursuant to s. 240.205(6).

  8         (9)  Notwithstanding the provisions of s. 253.025, the

  9  Board of Regents may, with the consent of the Board of

10  Trustees of the Internal Improvement Trust Fund, sell, convey,

11  transfer, exchange, trade, or purchase real property and

12  related improvements necessary and desirable to serve the

13  needs and purposes of a university in the State University

14  System.

15         (a)  The board may secure appraisals and surveys.  The

16  board shall comply with the rules of the Board of Trustees of

17  the Internal Improvement Trust Fund in securing appraisals.

18  Whenever the board finds it necessary for timely property

19  acquisition, it may contract, without the need for competitive

20  selection, with one or more appraisers whose names are

21  contained on the list of approved appraisers maintained by the

22  Division of State Lands in the Department of Environmental

23  Protection.

24         (b)  The board may negotiate and enter into an option

25  contract before an appraisal is obtained.  The option contract

26  must state that the final purchase price may not exceed the

27  maximum value allowed by law.  The consideration for such an

28  option contract may not exceed 10 percent of the estimate

29  obtained by the board or 10 percent of the value of the

30  parcel, whichever is greater, unless otherwise authorized by

31  the board.

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  1         (c)  This subsection is not intended to abrogate in any

  2  manner the authority delegated to the Board of Trustees of the

  3  Internal Improvement Trust Fund or the Division of State Lands

  4  to approve a contract for purchase of state lands or to

  5  require policies and procedures to obtain clear legal title to

  6  parcels purchased for state purposes.  Title to property

  7  acquired by the board shall vest in the Board of Trustees of

  8  the Internal Improvement Trust Fund.

  9         Section 9.  Subsections (1) and (3) of section

10  240.2097, Florida Statutes, are amended to read:

11         240.2097  Education programs, limited access status;

12  transfer students; student handbook; rules.--The Board of

13  Regents shall adopt rules to include the following provisions:

14         (1)  The criteria for assigning limited access status

15  to an educational program shall be delineated.  A process for

16  the periodic review of programs shall be identified so that

17  the board can determine the need for retention or removal of

18  limited access status.  The board shall provide in a report to

19  the Legislature, by institution, a list of all limited access

20  programs, the minimum admission standards for each program,

21  and a copy of the most recent review demonstrating the need

22  for retention of limited access status.  Such report shall be

23  submitted by December 1, 1990, and annually thereafter.

24         (3)  Each university shall review compile and update as

25  necessary annually a student handbook that includes, but is

26  not limited to, a comprehensive calendar that emphasizes

27  important dates and deadlines, student rights and

28  responsibilities, appeals processes available to students, a

29  roster of contact persons within the administrative staff

30  available to respond to student inquiries, and a statement as

31  to the State University System policy on acquired immune

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  1  deficiency syndrome including the name and telephone number of

  2  the university acquired immune deficiency syndrome counselor.

  3  Each student handbook must include a statement displayed

  4  prominently which provides that the university will not

  5  tolerate the sale, possession, or use of controlled

  6  substances, with the exception of medication prescribed by a

  7  physician and taken in accordance with the prescribed usage,

  8  nor will the university tolerate the consumption of alcoholic

  9  beverages by students younger than 21 years of age or the sale

10  of alcoholic beverages to students younger than 21 years of

11  age. Each student handbook must also list the legal and

12  university-specific sanctions that will be imposed upon

13  students who violate the law or university policies regarding

14  controlled substances and alcoholic beverages.

15         Section 10.  Section 240.214, Florida Statutes, is

16  amended to read:

17         240.214  State University System accountability

18  process.--It is the intent of the Legislature that an

19  accountability process be implemented which provides for the

20  systematic, ongoing evaluation of quality and effectiveness in

21  the State University System. It is further the intent of the

22  Legislature that this accountability process monitor

23  performance at the system level in each of the major areas of

24  instruction, research, and public service, while recognizing

25  the differing missions of each of the state universities. The

26  accountability process shall provide for the adoption of

27  systemwide performance standards and performance goals for

28  each standard identified through a collaborative effort

29  involving the State University System, the Legislature, and

30  the Governor's Office. These standards and goals shall be

31  consistent with s. 216.011(1) to maintain congruity with the

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  1  performance-based budgeting process.  This process requires

  2  that university accountability reports reflect measures

  3  defined through performance-based budgeting.  The

  4  performance-based budgeting measures must also reflect the

  5  elements of teaching, research, and service inherent in the

  6  missions of the institutions in the State University System.

  7  The accountability process shall result in an annual

  8  accountability report to the Legislature.

  9         (1)  The annual accountability report shall include

10  goals and measurable objectives related to the systemwide

11  strategic plan pursuant to s. 240.209. The plan must include,

12  at a minimum, objectives related to the following measures:

13         (a)  Total student credit hours;

14         (b)  Total number of contact hours of instruction

15  produced by faculty, by institution, rank, and course level;

16         (c)  Pass rates on professional licensure examinations,

17  by institution;

18         (d)  Institutional quality as assessed by followup,

19  such as analyses of employment information on former students,

20  national rankings, and surveys of alumni, parents, clients,

21  and employers;

22         (e)  Length of time and number of academic credits

23  required to complete an academic degree, by institution and by

24  degree;

25         (f)  Enrollment, progression, retention, and graduation

26  rates by race and gender;

27         (g)  Student course demand;

28         (h)  An analysis of administrative and support

29  functions;

30         (i)  Every 3 years, beginning 1995-1996, an analysis of

31  the cumulative debt of students; and

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  1         (j)  An evaluation of the production of classroom

  2  contact hours at each university in comparison to a standard

  3  of 12 contact hours per term or 32 contact hours per year for

  4  each full-time instructional position and the level of funding

  5  provided for instruction.

  6         (1)(2)  By December 31 of each year, the Board of

  7  Regents shall submit an the annual accountability report

  8  providing information on the implementation of performance

  9  standards, actions taken to improve university achievement of

10  performance goals, the achievement of performance goals during

11  the prior year, and initiatives to be undertaken during the

12  next year. The accountability reports shall be designed in

13  consultation with the Governor's Office, the Office of the

14  Auditor General, and the Legislature.

15         (2)(3)  The Board of Regents shall recommend in the

16  annual accountability report any appropriate modifications to

17  this section.

18         Section 11.  Subsections (12) and (13) of section

19  240.227, Florida Statutes, are amended to read:

20         240.227  University presidents; powers and duties.--The

21  president is the chief administrative officer of the

22  university and is responsible for the operation and

23  administration of the university.  Each university president

24  shall:

25         (12)  Approve and execute contracts for the acquisition

26  of commodities, goods, for equipment, for services, including

27  educational services, for leases of for real and personal

28  property, and for construction to be rendered to or by the

29  university, provided such contracts are made pursuant to rules

30  of the Board of Regents the provisions of chapter 287, as

31  applicable, are for the implementation of approved programs of

                                  16

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  1  the university, and do not require expenditures in excess of

  2  $1 million $500,000. The acquisition Goods and equipment may

  3  be made acquired by installment or lease-purchase contract.

  4  Such contracts may provide for the payment of interest on the

  5  unpaid portion of the purchase price. Notwithstanding any

  6  other provisions of this subsection, university presidents

  7  shall comply with the provisions of s. 287.055 for the

  8  procurement of professional services and may approve and

  9  execute all contracts for planning, construction, and

10  equipment for projects with building programs and construction

11  budgets approved by the Board of Regents.

12         (13)  Manage the property and financial resources of

13  the university, including, but not limited to, having the

14  authority to adjust property records and dispose of

15  state-owned tangible personal property in the university's

16  custody in accordance with procedures established by the Board

17  of Regents. Notwithstanding the provisions of s. 273.055(5),

18  all moneys received from the disposition of state-owned

19  tangible personal property shall be retained by the university

20  and disbursed for the acquisition of tangible personal

21  property and for all necessary operating expenditures.  The

22  university shall maintain records of the accounts into which

23  such moneys are deposited pursuant to s. 240.225.

24         Section 12.  Subsection (16) is added to section

25  240.241, Florida Statutes, to read:

26         240.241  Divisions of sponsored research at state

27  universities.--

28         (16)  Section 216.346 does not apply to contracts or

29  subcontracts between state universities, between community

30  colleges, or between state universities and community

31  colleges.

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  1         Section 13.  Section 240.2605, Florida Statutes, is

  2  amended to read:

  3         240.2605  Trust Fund for Major Gifts.--

  4         (1)  There is established a Trust Fund for Major Gifts.

  5  The purpose of the Such trust fund is to enable shall provide

  6  the Board of Regents Foundation, each university, and New

  7  College with the opportunity to provide donors with an

  8  incentive in the form of matching grants for donations for the

  9  establishment of permanent endowments, which must shall be

10  invested, with the proceeds of the investment used to support

11  libraries and instruction and research programs, as defined by

12  procedure rule of the Board of Regents. All funds appropriated

13  for the challenge grants, new donors, major gifts, or eminent

14  scholars program must shall be deposited into the trust fund

15  and invested pursuant to the provisions of s. 18.125 until the

16  Board of Regents allocates the such funds to universities to

17  match private donations. Notwithstanding the provisions of s.

18  216.301 and pursuant to s. 216.351, any undisbursed balance

19  remaining in the trust fund and interest income accruing to

20  the portion of the trust fund which is not matched and

21  distributed to universities must remain in the trust fund and

22  used to shall increase the total funds available for challenge

23  grants. The Board of Regents may authorize any university to

24  encumber the state matching portion of a challenge grant from

25  funds available under s. 240.272.

26         (2)  The Board of Regents shall specify the process for

27  submission, documentation, and approval of requests for

28  matching funds, accountability for endowments and proceeds of

29  endowments, allocations to universities, restrictions on the

30  use of the proceeds from endowments, and criteria used in

31  determining the value of donations.

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  1         (3)(a)  The Board of Regents shall allocate the amount

  2  appropriated to the trust fund shall be allocated by the Board

  3  of Regents to the Board of Regents Foundation, each

  4  university, and New College based on the amount of the

  5  donation and the restrictions applied to the donation.

  6         (b)  Donations for a specific purpose must be are

  7  matched in the following manner:

  8         1.  The Board of Regents Foundation and each university

  9  that raises at least $100,000 but no more than $599,999 from a

10  private source must shall receive a matching grant equal to 50

11  percent of the private contribution.

12         2.  The Board of Regents Foundation and each university

13  that raises a contribution of at least $600,000 but no more

14  than $1 million from a private source must shall receive a

15  matching grant equal to 70 percent of the private

16  contribution.

17         3.  The Board of Regents Foundation and each university

18  that raises a contribution in excess of $1 million but no more

19  than $1.5 million from a private source must shall receive a

20  matching grant equal to 75 percent of the private

21  contribution.

22         4.  The Board of Regents Foundation and each university

23  that raises a contribution in excess of $1.5 million but no

24  more than $2 million from a private source must shall receive

25  a matching grant equal to 80 percent of the private

26  contribution.

27         5.  The Board of Regents Foundation and each university

28  that raises a contribution in excess of $2 million from a

29  private source must shall receive a matching grant equal to

30  100 percent of the private contribution.

31

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  1         (c)  The Board of Regents shall encumber state matching

  2  funds for any pledged contributions, pro rata, based on the

  3  requirements for state matching funds as specified for the

  4  particular challenge grant and the amount of the private

  5  donations actually received by the university or Board of

  6  Regents Foundation for the respective challenge grant.

  7         (4)  Matching funds may be provided for contributions

  8  encumbered or pledged under the Florida Endowment Trust Fund

  9  for Eminent Scholars Act prior to July 1, 1994, and for

10  donations or pledges of any amount equal to or in excess of

11  the prescribed minimums which are pledged for the purpose of

12  this section.

13         (5)(a)  The Board of Regents Foundation, each

14  university foundation, and New College Foundation shall

15  establish a challenge grant account for each challenge grant

16  as a depository for private contributions and state matching

17  funds to be administered on behalf of the Board of Regents,

18  the university, or New College. State matching funds must

19  shall be transferred to a university foundation or New College

20  Foundation upon notification that the university or New

21  College has received and deposited the amount specified in

22  this section in a foundation challenge grant account.

23         (b)  The foundation serving a university and New

24  College Foundation each has shall have the responsibility for

25  the maintenance and investment of its challenge grant account

26  and for the administration of the program on behalf of the

27  university or New College, pursuant to procedures specified by

28  the Board of Regents. Each foundation shall include in its

29  annual report to the Board of Regents information concerning

30  collection and investment of matching gifts and donations and

31  investment of the account.

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  1         (c)  A donation of at least $600,000 and associated

  2  state matching funds may be used to designate designated as an

  3  Eminent Scholar Endowed Chair pursuant to procedures specified

  4  by the Board of Regents.

  5         (6)  The donations, state matching funds, or proceeds

  6  from endowments established under pursuant to this section may

  7  shall not be expended for the construction, renovation, or

  8  maintenance of facilities or for the support of

  9  intercollegiate athletics.

10         (7)  The Board of Regents Foundation may participate in

11  the same manner as a university foundation with regard to the

12  provisions of this section.

13         Section 14.  Subsection (9) of section 240.281, Florida

14  Statutes, is amended to read:

15         240.281  Deposit of funds received by institutions and

16  agencies in the State University System.--All funds received

17  by any institution or agency in the State University System,

18  from whatever source received and for whatever purpose, shall

19  be deposited in the State Treasury subject to disbursement in

20  such manner and for such purposes as the Legislature may by

21  law provide.  The following funds shall be exempt from the

22  provisions of this section and, with the approval of the Board

23  of Regents, may be deposited outside the State Treasury:

24         (9)  Such other funds as may be approved by the Board

25  of Regents and the Executive Office of the Governor subject to

26  the review provisions of s. 216.77.

27         Section 15.  Present subsection (4) of section 243.151,

28  Florida Statutes, is renumbered as subsection (5), present

29  subsection (3) is renumbered as subsection (4) and amended,

30  and a new subsection (3) is added to that section, to read:

31         243.151  Lease agreements; land, facilities.--

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  1         (3)  Upon approval by the Board of Regents, a

  2  university may:

  3         (a)  Construct educational facilities on land that is

  4  owned by a direct-support organization, as defined in s.

  5  240.299, or a governmental agency at the federal, state,

  6  county, or municipal level, if the university has acquired a

  7  long-term lease for the use of the land.  The lease must be

  8  for at least 40 years or the expected time the facilities to

  9  be constructed on the land are expected to remain in a

10  condition acceptable for use, whichever is longer.

11         (b)  Acquire a short-term lease from one of the

12  entities listed in paragraph (a) for the use of land, if

13  adequate temporary or relocatable facilities are available on

14  the land.

15         (c)  Enter into a short-term lease for the use of land

16  and buildings upon which capital improvements may be made.

17

18  If sufficient land is not available from any of the entities

19  listed in paragraph (a), a university may acquire a short-term

20  lease from a private landowner or developer.

21         (4)(3)  Agreements as provided in this section shall be

22  entered into with an offeror resulting from publicly announced

23  competitive bids or proposals, except that the university may

24  enter into an agreement with an entity enumerated in paragraph

25  (3)(a) for leasing land or with a direct-support organization

26  as provided in s. 240.299, which shall enter into subsequent

27  agreements for financing and constructing the project after

28  receiving competitive bids or proposals. Any facility

29  constructed, lease-purchased, or purchased under such

30  agreements, whether erected on land under the jurisdiction of

31  the university or not, shall conform to the construction

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  1  standards and codes applicable to university facilities. The

  2  Board of Regents shall adopt such rules as are necessary to

  3  carry out its duties and responsibilities imposed by this

  4  section.

  5         Section 16.  Subsection (1) of section 287.012, Florida

  6  Statutes, is amended to read:

  7         287.012  Definitions.--The following definitions shall

  8  apply in this part:

  9         (1)  "Agency" means any of the various state officers,

10  departments, boards, commissions, divisions, bureaus, and

11  councils and any other unit of organization, however

12  designated, of the executive branch of state government.

13  "Agency" does not include the Board of Regents or the State

14  University System.

15         Section 17.  Section 240.247, subsection (4) of section

16  240.4988, subsection (3) of section 287.017, and section

17  240.225, Florida Statutes, are repealed.

18         Section 18.  Section 240.2475, Florida Statutes, is

19  amended to read:

20         240.2475  State University System employment equity

21  accountability program.--

22         (1)  No later than August 1, 1992, Each state

23  university shall maintain an annual equity develop a plan for

24  appropriate representation increasing the number of women and

25  minorities in senior-level administrative positions, within

26  tenure-track faculty, and within faculty granted tenure.  Such

27  plan shall be maintained until appropriate representation has

28  been achieved.  As used in this subsection, the term:

29         (a)  "Appropriate representation" means category

30  employment representation that at least meets comparable

31

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  1  national standards for at least two consecutive reporting

  2  periods.

  3         (b)  "Category" means major executive, administrative,

  4  and professional grouping, including senior-level

  5  administrative and professional positions, senior academic

  6  administrative-level positions, and tenure-track faculty for

  7  increasing the number of women and minorities in ranked

  8  faculty positions, and for increasing the number of women and

  9  minorities granted tenure.  The plan must include specific

10  measurable goals and objectives, specific strategies for

11  accomplishing these goals and objectives, a time period for

12  accomplishing these goals and objectives, and comparative

13  national standards.  The plan shall be submitted to the

14  Legislature on or before September 1, 1992.

15         (2)(a)  By April 1 October 31 of each year, each state

16  university president shall submit an annual equity

17  accountability report to the Chancellor and the Board of

18  Regents.  The equity report shall consist of a status update,

19  an analysis, and a status report of selected personnel

20  transactions. As used in this paragraph, the term, "selected

21  personnel transactions" means new hires in, promotions into,

22  tenure actions in, and terminations from a category.  Each

23  university shall provide the job classification title, gender,

24  race, and appointment status of selected personnel

25  transactions.  The status update shall assess

26  underrepresentation in each category.  The status report shall

27  consist of current category employment representation,

28  comparable national standards, an evaluation of

29  representation, and annual goals to address

30  underrepresentation. which shows the number of administrative

31  positions in the faculty and in the administrative and

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  1  professional pay plans which were filled in the previous

  2  fiscal year.  Administrative positions include faculty

  3  positions that, in whole or in part, are defined as academic

  4  administration under standard practice CM 87-17.1 and

  5  positions in the administrative and professional pay plans

  6  that are defined as administrative positions under the Board

  7  of Regents' classification of occupational groupings.  The

  8  report must include the following information pertaining to

  9  the employees hired in those positions:

10         1.  Job classification title;

11         2.  Gender;

12         3.  Ethnicity;

13         4.  Appointment status pursuant to chapter 6C-5.105,

14  Florida Administrative Code;

15         5.  The salary at which the individual was hired;

16         6.  Comparative information including, but not limited

17  to, composite information regarding the total number of

18  positions within the particular job title classification for

19  the university by race, gender, and the average salary or

20  salary range, where applicable, compared to the number of new

21  hires;

22         7.  Guidelines for ensuring a gender-balanced and

23  ethnically balanced selection committee for each vacancy;

24         8.  Steps taken to develop a diverse pool of candidates

25  for each vacancy; and

26         9.  An assessment of the university's accomplishment of

27  annual goals and of long-range goals for hiring and promoting

28  women and minorities in senior-level administrative positions.

29         (b)  After 1 year of implementation of a plan, and

30  annually thereafter, for those categories in which prior year

31  goals were not achieved, each university shall provide, in its

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  1  annual equity report, a narrative explanation and a plan for

  2  achievement of equity. The plan shall include guidelines for

  3  ensuring balanced membership on selection committees and

  4  specific steps for developing a diverse pool of candidates for

  5  each vacancy in the category.  The plan shall also include a

  6  systematic process by which those responsible for hiring are

  7  provided information and are evaluated regarding their

  8  responsibilities pursuant to this section. Each university's

  9  equity accountability report must also include the following

10  information pertaining to candidates formally applying for

11  tenure:

12         1.  Rank;

13         2.  Gender;

14         3.  Ethnicity;

15         4.  The salary at which the individual was hired; and

16         5.  Comparative information including, but not limited

17  to, composite information regarding the total number of

18  positions within the particular classification for the

19  university by race, gender, and the average salary or salary

20  range, where applicable, compared to the number of new hires.

21         (c)  The equity report shall include an analysis and

22  assessment of the university's accomplishment of annual goals,

23  as specified in the university's affirmative action plan, for

24  increasing the representation of women and minorities in

25  tenure-earning and senior-level administrative positions. The

26  report must also include:

27         1.  The requirements for achieving tenure;

28         2.  The gender and ethnic composition of the committees

29  that review tenure recommendations at the department, college,

30  and university levels;

31

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  1         3.  Guidelines for ensuring the equitable distribution

  2  of assignments that would enhance tenure opportunities for

  3  women and minority faculty; and

  4         4.  Guidelines for obtaining feedback on the annual

  5  progress towards achievement of tenure by women and

  6  minorities.

  7         (d)  The equity report shall also include the current

  8  rank, race, and gender of faculty eligible for tenure in a

  9  category.  In addition, each university shall report

10  representation of the pool of tenure-eligible faculty at each

11  stage of the transaction process, and provide certification

12  that each eligible faculty member was apprised annually of

13  progress toward tenure. Each university shall also report on

14  the dissemination of standards for achieving tenure; racial

15  and gender composition of committees reviewing recommendations

16  at each transaction level; and dissemination of guidelines for

17  equitable distribution of assignments.

18         (3)(a)  A factor in the evaluation of university

19  presidents, vice presidents, deans, and chairpersons shall be

20  their annual progress in achieving the annual and long-range

21  hiring and promotional goals and objectives, as specified in

22  the university's equity plan and affirmative action plan.

23  Annual budget allocations for positions and funding shall be

24  based on this evaluation.  A summary of such evaluations Such

25  evaluation shall be submitted to the Chancellor and the Board

26  of Regents as part of the university's annual equity report.

27         (b)  Beginning January 1994, The Chancellor and the

28  Board of Regents shall annually evaluate the performance of

29  the university presidents in achieving the annual equity and

30  long-term goals and objectives.  A summary of the results of

31  such evaluations shall be included as part of the annual

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  1  equity progress report submitted by the Board of Regents to

  2  the Legislature and the State Board of Education.

  3         (4)  The Board of Regents shall submit an annual equity

  4  progress report to the President of the Senate, the Speaker of

  5  the House of Representatives, Legislature and the State Board

  6  of Education on or before August December 1 of each year.

  7         (5)  Each university shall develop a budgetary

  8  incentive plan to support and ensure attainment of the goals

  9  developed pursuant to this section. The plan shall specify, at

10  a minimum, how resources shall be allocated to support the

11  achievement of goals and the implementation of strategies in a

12  timely manner.  After prior review and approval by the

13  university president and the Board of Regents, the plan shall

14  be submitted as part of the annual equity report submitted by

15  each university to the Board of Regents. Effective July 1,

16  1993, positions that become vacant in the faculty or the

17  administrative and professional pay plans at a university

18  shall be transferred into a pool at that university to be

19  allocated by the administration to departments to reward

20  department managers for attaining equity goals.  Each

21  university president shall develop rules regarding the filling

22  of vacant positions and the transferring of positions into the

23  pool. Such rules must provide for a total cap on the vacant

24  position pool at 10 percent of the number of vacant positions

25  for the university as of the date of the preparation of the

26  initial operating budget for each year. The rule must also

27  provide that the number of positions to be transferred into

28  the vacant position pool, at the departmental level, may not

29  exceed 10 percent of the total number of authorized positions

30  for the department as of the date of the preparation of the

31  initial operating budget for each year.  Subject to available

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  1  funding, the Legislature shall provide an annual appropriation

  2  to be allocated to the department managers in recognition of

  3  the attainment of equity goals and objectives.

  4         (6)  Relevant components of each university's

  5  affirmative action plan may be used to satisfy the

  6  requirements of this section.

  7         (7)  Subject to available funding, the Legislature

  8  shall provide an annual appropriation to the Board of Regents

  9  to be allocated to the universities to further enhance equity

10  initiatives and related priorities that support the mission of

11  departments, divisions, or colleges in recognition of the

12  attainment of equity goals and objectives.

13         Section 19.  Section 240.3355, Florida Statutes, is

14  amended to read:

15         240.3355  Community College System employment equity

16  accountability program.--

17         (1)  No later than May 1, 1993, Each community college

18  shall include in its annual equity update plan must include a

19  plan for increasing the representation number of women and

20  minorities in senior-level administrative positions and, for

21  increasing the number of women and minorities in full-time

22  ranked faculty positions, and for increasing the

23  representation number of women and minorities who have

24  attained continuing-contract status. Positions shall be

25  defined in the personnel data element directory of the

26  Division of Community Colleges. The plan must include specific

27  measurable goals and objectives, specific strategies and

28  timelines for accomplishing these goals and objectives, and

29  comparable national standards as provided by the Division of

30  Community Colleges a time period for accomplishing these goals

31  and objectives. The goals and objectives shall be based on

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  1  meeting or exceeding comparable national standards and shall

  2  be reviewed and recommended by the State Board of Community

  3  Colleges as appropriate.  Such plans shall be maintained until

  4  appropriate representation has been achieved and maintained

  5  for at least 3 consecutive reporting years.

  6         (2)(a)  On or before May 1 of each year, each community

  7  college president shall submit an the annual employment

  8  accountability plan equity update to the Executive Director of

  9  the State Board of Community Colleges.  The accountability

10  plan equity update must show faculty and administrator

11  employment data according to requirements specified on the

12  federal Equal Employment Opportunity (EE0-6) report the number

13  of deans, associates, assistant deans, vice presidents,

14  associate and assistant presidents, provosts, legal counsel,

15  and similar administrative positions which were filled in the

16  previous 12-month period.  Administrative positions include

17  faculty positions that, in whole or in part, are defined as

18  academic administration by rule and positions that are defined

19  as administrative positions under the Community College

20  System's classification of occupational groupings.

21         (b)  The plan report must show the following

22  information for those positions including, but not limited to:

23         1.  Job classification title.;

24         2.  Gender.;

25         3.  Ethnicity.;

26         4.  Appointment status.;

27         5.  Salary information.  At each community college,

28  salary information shall also include including the salary

29  ranges in which new hires were employed compared to the salary

30  ranges for employees with comparable experience and

31  qualifications. at which the individual was hired compared to

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  1  the salary range for the respective position and to other

  2  employees in the same job title classification;

  3         6.  Other comparative information including, but not

  4  limited to, composite information regarding the total number

  5  of positions within the particular job title classification

  6  for the community college by race, gender, and salary range

  7  compared to the number of new hires.;

  8         7.  A statement certifying diversity and balance in the

  9  gender and ethnic composition of the selection committee for

10  each vacancy, including a brief description of guidelines used

11  for ensuring balanced and diverse membership on selection and

12  review committees.;

13         8.  Steps taken to develop a diverse pool of candidates

14  for each vacancy; and

15         (c)9.  The annual employment accountability plan shall

16  also include an analysis and an assessment of the community

17  college's attainment accomplishment of annual goals and of

18  long-range goals for increasing the number of women and

19  minorities in faculty and senior-level administrative

20  positions, and a corrective action plan for addressing

21  underrepresentation.

22         (d)(c)  Each community college's employment equity

23  accountability plan report must also include:

24         1.  The requirements for receiving a continuing

25  contract.;

26         2.  A brief description of the process used to grant

27  The gender and ethnic composition of the committees that

28  review continuing-contract status. recommendations;

29         3.  A brief description of the process used to annually

30  apprise each eligible faculty member of progress toward

31  attainment of continuing-contract status. The enhancement of

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  1  continuing-contract opportunities for women and minority

  2  faculty; and

  3         4.  Written documentation of feedback on the annual

  4  progress towards achievement of continuing-contract status by

  5  women and minorities.

  6         (3)  Community college presidents and the heads of each

  7  major administrative division shall be evaluated annually on

  8  the progress made toward meeting the goals and objectives of

  9  the community college's employment accountability equity

10  update plan.

11         (a)  The community college presidents, or the

12  president's designee, shall annually evaluate each department

13  chairperson, dean, provost, and vice president in achieving

14  the annual and long-term goals and objectives.  A summary of

15  the results of such evaluations shall be reported annually by

16  the president of the community college to the board of

17  trustees. Annual budget allocations by the board of trustees

18  for positions and funding must take into consideration these

19  evaluations this evaluation.

20         (b)  Beginning January 1994, Community college district

21  boards of trustees shall annually evaluate the performance of

22  the community college presidents in achieving the annual and

23  long-term goals and objectives.  A summary of the results of

24  such evaluations shall be reported to the Executive Director

25  of the State Board of Community Colleges as part of the

26  community college's annual employment accountability plan, and

27  to the Legislature and State Board of Education as part of the

28  annual equity progress report submitted by the State Board of

29  Community Colleges.

30         (4)(c)  The State Board of Community Colleges shall

31  submit an annual equity progress report to the President of

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998            CS for CS for SB's 1358 & 160
    301-2177A-98




  1  the Senate, the Speaker of the House of Representatives,

  2  Legislature and the State Board of Education on or before

  3  January December 1 of each year.

  4         (5)  Each community college shall develop a budgetary

  5  incentive plan to support and ensure attainment of the goals

  6  developed pursuant to this section.  The plan shall specify,

  7  at a minimum, how resources shall be allocated to support the

  8  achievement of goals and the implementation of strategies in a

  9  timely manner.  After prior review and approval by the

10  community college president and the State Board of Community

11  Colleges, the plan shall be submitted as part of the annual

12  employment accountability plan submitted by each community

13  college to the State Board of Community Colleges.

14         (6)(4)  Subject to available funding, the Legislature

15  shall provide an annual appropriation to the State Board of

16  Community Colleges to be allocated to community college

17  presidents, faculty, and administrative personnel to further

18  enhance equity initiatives and related priorities that support

19  the mission of colleges and departments the department

20  managers in recognition of the attainment of the equity goals

21  and objectives.

22         Section 20.  Subsection (1) of s. 240.2803, Florida

23  Statutes, is amended to read:

24         240.2803  Auxiliary enterprises; contracts, grants, and

25  donations; definitions.--As used in s. 19(f)(3), Art. III of

26  the State Constitution, the term:

27         (1)  "Auxiliary enterprises" includes activities that

28  directly or indirectly provide a product or a service, or

29  both, to a university or its students, faculty, or staff and

30  for which a charge is made is charged a fee related to, but

31  not necessarily in an amount that will cover, the cost of the

                                  33

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    Florida Senate - 1998            CS for CS for SB's 1358 & 160
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  1  service. These auxiliary enterprises are business activities

  2  of a university which require no support from the General

  3  Revenue Fund generally self-sufficient operations, and include

  4  activities such as housing, bookstores, student health

  5  services, continuing education programs, food services,

  6  college stores, operation of vending machines, specialty

  7  shops, day care centers, golf courses, student activities

  8  programs, data center operations, and financial aid programs,

  9  intercollegiate athletics programs, and other programs for

10  which the funds are deposited outside the State Treasury.

11         Section 21.  Section 3 of chapter 97-381, Laws of

12  Florida, is amended to read:

13         Section 3.  When the Department of Insurance receives a

14  $6 million settlement as specified in the Consent Order of the

15  Treasurer and Insurance Commissioner, case number 18900-96-c,

16  that portion of the $6 million not used to satisfy the

17  requirements of section 18 of the Consent Order must be

18  transferred from the Insurance Commissioner's Regulatory Trust

19  Fund to the State Student Financial Assistance Trust Fund is

20  appropriated from the State Student Financial Assistance Trust

21  Fund to provide Ethics in Business scholarships to students

22  enrolled in public community colleges and independent

23  postsecondary education institutions eligible to participate

24  in the Florida Resident Access Grant Program under section

25  240.605, Florida Statutes. The funds shall be allocated to

26  institutions for scholarships in the following

27  ratio:  Two-thirds for community colleges and one-third for

28  eligible independent institutions. The Department of Education

29  shall administer the scholarship program for students

30  attending community colleges and independent institutions.

31  These funds must be allocated to institutions that provide an

                                  34

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    Florida Senate - 1998            CS for CS for SB's 1358 & 160
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  1  equal amount of matching funds generated by private donors for

  2  the purpose of providing Ethics in Business scholarships.

  3  Public funds may not be used to provide the match, nor may

  4  funds collected for other purposes. Notwithstanding any other

  5  provision of law, the State Board of Administration shall have

  6  the authority to invest the funds appropriated under this

  7  section. The Department of Education may adopt rules for

  8  administration of the program.

  9         Section 22.  This act shall take effect July 1, 1998.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                      CS for SB's 1358 & 160

13

14  Authorizes two or more boards, such as a community college
    board of trustees and the Board of Regents, to construct
15  facilities for joint use at a single location once in every 3
    years in lieu of once in every 5 years for the university as a
16  whole.

17  Amends a requirement that the Commissioner of Education must
    include "up to" 25 percent of the cost of the project in the
18  legislative capital outlay budget request by requiring that 25
    percent of the cost be included in the legislative budget
19  request or a prorata share of 25 percent based on the
    percentage of space to be used by the institution.  Also
20  required for any new campus or new joint-use facility is: 1) a
    review by the Postsecondary Education Planning Commission, 2)
21  recommendations to the State Board of Education, and 3) formal
    request for authorization by the Legislature.
22
    Amends s. 240.2803, Florida Statutes, to clarify the
23  definition of auxiliary enterprises as those business
    activities which require no support from the General Revenue
24  fund and clarifies the list of Auxiliary Enterprise
    activities.
25
    Amends Section 3 of Chapter 97-381,Laws of Florida to
26  authorize the State Board of Administration to invest the
    funds received from the Department of Insurance, Case #
27  18900-96-C, for the purpose of providing Ethics in Business
    Scholarships for community colleges and private universities.
28

29

30

31

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