House Bill 4271

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    Florida House of Representatives - 1998                HB 4271

        By Representative Carlton






  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 240.227, F.S.; revising provisions

  4         relating to contracts which university

  5         presidents are empowered to approve and

  6         execute; including contracts for the lease of

  7         personal property within such contracts;

  8         increasing the threshold amount of such

  9         contracts; requiring compliance with the

10         Consultants' Competitive Negotiation Act for

11         the procurement of professional services;

12         authorizing the approval and execution of

13         specified contracts; providing additional

14         duties of university presidents; amending s.

15         240.299, F.S.; requiring approval by the

16         Legislature of certain agreements entered into

17         by university direct-support organizations;

18         providing an effective date.

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

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22         Section 1.  Subsection (12) of section 240.227, Florida

23  Statutes, is amended, and subsections (25) and (26) are added

24  to said section, to read:

25         240.227  University presidents; powers and duties.--The

26  president is the chief administrative officer of the

27  university and is responsible for the operation and

28  administration of the university.  Each university president

29  shall:

30         (12)  Approve and execute contracts for the acquisition

31  of commodities, goods, for equipment, for services, and

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    Florida House of Representatives - 1998                HB 4271

    548-128-98






  1  including educational services, for leases of for real and

  2  personal property, and for construction to be rendered to or

  3  by the university, provided such contracts are made pursuant

  4  to rules of the Board of Regents the provisions of chapter

  5  287, as applicable, are for the implementation of approved

  6  programs of the university, and do not require expenditures in

  7  excess of $1 million $500,000. The acquisition Goods and

  8  equipment may be made acquired by installment or

  9  lease-purchase contract.  Such contracts may provide for the

10  payment of interest on the unpaid portion of the purchase

11  price. Notwithstanding any other provision of this subsection,

12  university presidents shall comply with the provisions of s.

13  287.055 for the procurement of professional services and may

14  approve and execute all contracts for planning, construction,

15  and equipment for projects with building programs and

16  construction budgets approved by the Board of Regents.

17         (25)  Provide information to the Florida Fiscal

18  Accounting Management Information System as required by law.

19  When the university president determines that operational

20  efficiency can be increased, each university may maintain

21  additional management systems that provide Florida Fiscal

22  Accounting Management Information System subsystems with

23  information required pursuant to s. 215.93.

24         (26)  Implement state travel policies as provided by

25  law.  However, for the purposes of university travel pursuant

26  to s. 112.061, the term "agency head" shall be defined to be

27  the university president or his or her designee.

28         Section 2.  Subsection (5) of section 240.299, Florida

29  Statutes, is amended to read:

30         240.299  Direct-support organizations; use of property;

31  board of directors; audit; facilities.--

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    Florida House of Representatives - 1998                HB 4271

    548-128-98






  1         (5)  FACILITIES.--In addition to issuance of

  2  indebtedness pursuant to s. 240.2093(2), each direct-support

  3  organization is authorized to enter into agreements to

  4  finance, design and construct, lease, lease-purchase,

  5  purchase, or operate facilities necessary and desirable to

  6  serve the needs and purposes of the university, as determined

  7  by the systemwide strategic plan adopted by the Board of

  8  Regents, upon approval of such agreements by the Board of

  9  Regents and, where the state will be asked for operating funds

10  or funds to purchase, construct, or lease the facility,

11  approval of the project by the Legislature. Such agreements

12  are subject to the provisions of s. 243.151.

13         Section 3.  This act shall take effect July 1 of the

14  year in which enacted.

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    Florida House of Representatives - 1998                HB 4271

    548-128-98






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  2                          HOUSE SUMMARY

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      Revises provisions with respect to the approval and
  4    execution of specified contracts by university
      presidents. Includes contracts for the lease of personal
  5    property within such contracts. Increases, from $500,000
      to $1 million in required expenditures, the threshold
  6    amount of contracts which university presidents may
      approve and execute. Requires university presidents to
  7    comply with the provisions of the Consultants'
      Competitive Negotiation Act for the procurement of
  8    professional services and authorizes university
      presidents to approve and execute all contracts for
  9    planning, construction, and equipment for projects with
      building programs and construction budgets approved by
10    the Board of Regents.

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      Provides, as additional duties, that university
12    presidents provide information to the Florida Fiscal
      Accounting Management Information System and implement
13    state travel policies, as provided by law.

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      Provides that agreements entered into by university
15    direct-support organizations to finance, design,
      construct, lease, purchase, or operate certain
16    facilities, in which the state will be asked for
      operating funds or funds to purchase, construct, or lease
17    a facility, must be approved by the Legislature.

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