House Bill 3409e1

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







                                       CS/HB 3409, First Engrossed



  1                      A bill to be entitled

  2         An act relating to higher education; amending

  3         s. 240.299, F.S.; providing reporting

  4         requirements for university direct-support

  5         organizations; amending s. 240.311, F.S.,

  6         relating to rules of the State Board of

  7         Community Colleges; requiring a community

  8         college district board of trustees to annually

  9         evaluate the college president; amending s.

10         240.324, F.S.; providing an additional

11         requirement for the accountability plan for

12         community colleges; amending ss. 240.331,

13         240.3315, F.S.; prescribing membership of

14         boards of directors and executive committees of

15         community college direct-support organizations

16         and statewide community college direct-support

17         organizations; providing requirements;

18         restricting activities of such direct-support

19         organizations; providing reporting requirements

20         for such organizations; amending s. 240.3335,

21         F.S.; removing the authority of a board of

22         directors of a center of technology innovation

23         to acquire, lease, or sublease property;

24         amending s. 240.363, F.S.; providing

25         restrictions upon the transfer of funds to a

26         direct-support organization; providing an

27         appropriation; providing an effective date.

28

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

30

31


                                  1

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






                                       CS/HB 3409, First Engrossed



  1         Section 1.  Subsection (6) is added to section 240.299,

  2  Florida Statutes, to read:

  3         240.299  Direct-support organizations; use of property;

  4  board of directors; audit; facilities.--

  5         (6)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

  6  organization shall submit to the university president and the

  7  Board of Regents its federal Internal Revenue Service

  8  Application for Recognition of Exemption form (Form 1023) and

  9  its federal Internal Revenue Service Return of Organization

10  Exempt from Income Tax form (Form 990).

11         Section 2.  Paragraph (f) of subsection (3) of section

12  240.311, Florida Statutes, is amended to read:

13         240.311  State Board of Community Colleges; powers and

14  duties.--

15         (3)  The State Board of Community Colleges shall:

16         (f)  Specify, by rule, procedures to be used by the

17  boards of trustees in the annual periodic evaluations of

18  presidents and formally review the evaluations of presidents

19  by the boards of trustees.

20         Section 3.  Present paragraph (g) of subsection (1) of

21  section 240.324, Florida Statutes, is redesignated as

22  paragraph (h) and a new paragraph (g) is added to said

23  subsection to read:

24         240.324  Community college accountability process.--

25         (1)  It is the intent of the Legislature that a

26  management and accountability process be implemented which

27  provides for the systematic, ongoing improvement and

28  assessment of the improvement of the quality and efficiency of

29  the State Community College System.  Accordingly, the State

30  Board of Community Colleges and the community college boards

31  of trustees shall develop and implement a plan to improve and


                                  2

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






                                       CS/HB 3409, First Engrossed



  1  evaluate the instructional and administrative efficiency and

  2  effectiveness of the State Community College System.  This

  3  plan must address the following issues:

  4         (g)  Institutional assessment efforts related to the

  5  requirements of s. III in the Criteria for Accreditation of

  6  the Commission on Colleges of the Southern Association of

  7  Colleges and Schools.

  8         Section 4.  Section 240.331, Florida Statutes, is

  9  amended to read:

10         240.331  Community college direct-support

11  organizations.--

12         (1)  DEFINITIONS.--For the purposes of this section:

13         (a)  "Community college direct-support organization"

14  means an organization that which is:

15         1.  A Florida corporation not for profit, incorporated

16  under the provisions of chapter 617 and approved by the

17  Department of State.

18         2.  Organized and operated exclusively to receive,

19  hold, invest, and administer property and to make expenditures

20  to, or for the benefit of, a community college in this state.

21  The direct-support organization may, at the request of the

22  district board of trustees, provide residency opportunities on

23  or near the college campus for students.  Community College

24  Program Fund and Public Education Capital Outlay funds may not

25  be used to construct, maintain, or operate such facilities.

26         3.  An organization that which the board of trustees,

27  after review, has certified to be operating in a manner

28  consistent with the goals of the community college and in the

29  best interest of the state.  Any organization that which is

30  denied certification by the board of trustees may shall not

31  use the name of the community college that which it serves.


                                  3

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






                                       CS/HB 3409, First Engrossed



  1         (b)  "Personal services" includes full-time or

  2  part-time personnel as well as payroll processing.

  3         (2)  BOARD OF DIRECTORS.--The chairperson of the board

  4  of trustees shall appoint a representative to the board of

  5  directors and the executive committee of each direct-support

  6  organization established under this section, including those

  7  established before July 1, 1998. The president of the

  8  community college for which the direct-support organization is

  9  established, or the president's designee, shall also serve on

10  the board of directors and the executive committee of the

11  direct-support organization, including any direct-support

12  organization established before July 1, 1998.

13         (3)(2)  USE OF PROPERTY.--

14         (a)  The board of trustees is authorized to permit the

15  use of property, facilities, and personal services at any

16  state community college by any community college

17  direct-support organization, subject to the provisions of this

18  section.

19         (b)  The board of trustees is authorized to prescribe

20  by rule any condition with which a community college

21  direct-support organization must comply in order to use

22  property, facilities, or personal services at any state

23  community college.

24         (c)  The board of trustees may shall not permit the use

25  of property, facilities, or personal services at any state

26  community college by any community college direct-support

27  organization that which does not provide equal employment

28  opportunities to all persons regardless of race, color,

29  national origin, sex, age, or religion.

30         (4)  ACTIVITIES; RESTRICTIONS.--

31


                                  4

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






                                       CS/HB 3409, First Engrossed



  1         (a)  A direct-support organization may, at the request

  2  of the district board of trustees, provide residency

  3  opportunities on or near campus for students.

  4         (b)  A direct-support organization that constructs

  5  facilities for use by a community college or its students must

  6  comply with all requirements of this chapter relating to the

  7  construction of facilities by a community college, including

  8  requirements for competitive bidding.

  9         (c)  Any transaction or agreement between one

10  direct-support organization and another direct-support

11  organization or between a direct-support organization and a

12  center of technology innovation designated under s. 240.3335

13  must be approved by the district board of trustees.

14         (5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

15  organization shall submit to the board of trustees its federal

16  Internal Revenue Service Application for Recognition of

17  Exemption form (Form 1023) and its federal Internal Revenue

18  Service Return of Organization Exempt From Income Tax form

19  (Form 990).

20         (6)(3)  ANNUAL AUDIT.--Each direct-support organization

21  shall make provisions for an annual postaudit of its financial

22  accounts to be conducted by an independent certified public

23  accountant in accordance with rules to be promulgated by the

24  district board of trustees.  The annual audit report must

25  shall be submitted to the Auditor General, the State Board of

26  Community Colleges, and the board of trustees for review.  The

27  board of trustees and the Auditor General may shall have the

28  authority to require and receive from the organization or from

29  its independent auditor any detail or supplemental data

30  relative to the operation of the organization.  The identity

31  of donors who desire to remain anonymous shall be protected,


                                  5

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






                                       CS/HB 3409, First Engrossed



  1  and that anonymity shall be maintained in the auditor's

  2  report.  All records of the organization, other than the

  3  auditor's report, any information necessary for the auditor's

  4  report, any information related to the expenditure of funds,

  5  and any supplemental data requested by the board of trustees

  6  and the Auditor General, shall be confidential and exempt from

  7  the provisions of s. 119.07(1).

  8         Section 5.  Section 240.3315, Florida Statutes, is

  9  amended to read:

10         240.3315  Statewide community college direct-support

11  organizations.--

12         (1)  DEFINITIONS.--For the purposes of this section:

13         (a)  "Statewide community college direct-support

14  organization" means an organization that which is:

15         1.  A Florida corporation not for profit, incorporated

16  under the provisions of chapter 617 and approved by the

17  Department of State.

18         2.  Organized and operated exclusively to receive,

19  hold, invest, and administer property and to make expenditures

20  to, or for the benefit of, the Community College System in

21  this state.

22         3.  An organization that which the State Board of

23  Community Colleges, after review, has certified to be

24  operating in a manner consistent with the goals of the

25  Community College System and in the best interest of the

26  state. Any organization that which is denied certification by

27  the State Board of Community Colleges may shall not use the

28  name of any community college.

29         (b)  "Personal services" includes full-time or

30  part-time personnel as well as payroll processing.

31


                                  6

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






                                       CS/HB 3409, First Engrossed



  1         (2)  BOARD OF DIRECTORS.--The chairperson of the State

  2  Board of Community Colleges may appoint a representative to

  3  the board of directors and the executive committee of any

  4  statewide direct-support organization established under this

  5  section or s. 240.331. The chairperson of the State Board of

  6  Community Colleges, or the chairperson's designee, shall also

  7  serve on the board of directors and the executive committee of

  8  any direct-support organization established to benefit the

  9  State Community College System.

10         (3)(2)  USE OF PROPERTY.--

11         (a)  The State Board of Community Colleges may is

12  authorized to permit the use of property, facilities, and

13  personal services of the Division of Community Colleges by any

14  statewide community college direct-support organization,

15  subject to the provisions of this section.

16         (b)  The State Board of Community Colleges may is

17  authorized to prescribe by rule any condition with which a

18  statewide community college direct-support organization must

19  comply in order to use property, facilities, or personal

20  services of the Division of Community Colleges.

21         (c)  The State Board of Community Colleges may shall

22  not permit the use of property, facilities, or personal

23  services of the Division of Community Colleges by any

24  statewide community college direct-support organization that

25  which does not provide equal employment opportunities to all

26  persons regardless of race, color, national origin, sex, age,

27  or religion.

28         (4)  RESTRICTIONS.--

29         (a)  A statewide direct-support organization may not

30  use public funds to acquire, construct, maintain, or operate

31  any facilities.


                                  7

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






                                       CS/HB 3409, First Engrossed



  1         (b)  Any transaction or agreement between a statewide

  2  direct-support organization and any other direct-support

  3  organization or between a statewide direct-support

  4  organization and a center of technology innovation designated

  5  under s. 240.3335 must be approved by the State Board of

  6  Community Colleges.

  7         (5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

  8  organization shall submit to the State Board of Community

  9  Colleges its federal Internal Revenue Service Application for

10  Recognition of Exemption form (Form 1023) and its federal

11  Internal Revenue Service Return of Organization Exempt From

12  Income Tax form (Form 990).

13         (6)(3)  ANNUAL AUDIT.--A statewide community college

14  direct-support organization shall make provisions for an

15  annual postaudit of its financial accounts to be conducted by

16  an independent certified public accountant in accordance with

17  rules to be adopted by the State Board of Community Colleges.

18  The annual audit report shall be submitted to the Auditor

19  General and the State Board of Community Colleges for review.

20  The State Board of Community Colleges and the Auditor General

21  shall have the authority to require and receive from the

22  organization or from its independent auditor any detail or

23  supplemental data relative to the operation of the

24  organization. The identity of a donor or prospective donor who

25  desires to remain anonymous and all information identifying

26  such donor or prospective donor are confidential and exempt

27  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

28  the State Constitution. Such anonymity shall be maintained in

29  the auditor's report.

30         Section 6.  Subsection (7) of section 240.3335, Florida

31  Statutes, is amended to read:


                                  8

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






                                       CS/HB 3409, First Engrossed



  1         240.3335  Centers of technology innovation.--

  2         (7)  Each center shall have a board of directors with

  3  at least five members who shall be appointed by the district

  4  board of trustees. The board of directors is shall be

  5  responsible for overseeing the operation of the center,

  6  approval of the annual budget, and setting policy to guide the

  7  director in the operation of the center. The board of

  8  directors shall have the authority to acquire, lease, and

  9  sublease property subject to the provisions of general law.

10  The board of directors shall consist of at least the

11  following:

12         (a)  The director of the center.

13         (b)  The vice president of academic affairs, or the

14  equivalent, of the community college.

15         (c)  The vice president of business affairs, or the

16  equivalent, of the community college.

17         (d)  Two members designated by the president of the

18  community college.

19         Section 7.  Section 240.363, Florida Statutes, is

20  amended to read:

21         240.363  Financial accounting and expenditures.--All

22  funds accruing to the benefit of a community college must

23  shall be received, accounted for, and expended in accordance

24  with rules of the State Board of Community Colleges. Direct

25  support organizations shall have sole responsibility for the

26  acts, debts, liabilities, and obligations of the organization.

27  A community college shall have no responsibility for such

28  acts, debts, liabilities, and obligations incurred or assumed

29  by direct support organizations solely by reason of

30  certification., except that each Each community college board

31  of trustees may adopt policies that provide procedures for


                                  9

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






                                       CS/HB 3409, First Engrossed



  1  transferring private contributions to the community college to

  2  the direct-support organization of that the community college

  3  for administration by such organization contributions made to

  4  the community college.

  5         Section 8.  There is hereby appropriated from the

  6  General Revenue fund the sum of $1,000,000 as a grant and aid

  7  to Brevard Community College for FY 1998-99 to support the

  8  acquisition of a black beam interferometer for the Open Access

  9  Clean Room on the Palm Bay Campus.

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

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  10