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





                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    

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10                                                                

11  Senator Grant moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

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

18  110.131, Florida Statutes, is amended to read:

19         110.131  Other-personal-services temporary

20  employment.--

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

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

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

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

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

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

27  the Blind shall comply with the recordkeeping and reporting

28  requirements adopted by the department pursuant to subsection

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

30  exempted by this subsection.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  Statutes, is amended to read:

 2         228.055  Regional autism centers.--

 3         (1)  Six Five regional autism centers are established

 4  to provide nonresidential resource and training services for

 5  persons of all ages and of all levels of intellectual

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

 7  have a pervasive developmental disorder that is not otherwise

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

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

10  other handicapping conditions. Each center shall be

11  operationally and fiscally independent and shall provide

12  services within its geographical region of the state. Each

13  center shall coordinate services within and between state and

14  local agencies and school districts but may not duplicate

15  services provided by those agencies or school districts.  The

16  respective locations and service areas of the centers are:

17         (a)  The Department of Communication Disorders at

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

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

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

21  Walton, and Washington Counties.

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

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

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

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

26  and Union Counties.

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

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

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

30  Florida Mental Health Institute at the University of South

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

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

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

 3  and Sarasota Counties.

 4         (d)  The Florida Mental Health Institute at the

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

 6  DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough,

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

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

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

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

11  Palm Beach Counties.

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

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

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

15         Section 3.  Section 235.055, Florida Statutes, is

16  amended to read:

17         235.055  Construction of facilities on leased property;

18  conditions.--

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

20  Regents, are authorized to construct or place educational

21  facilities and ancillary facilities on land which is owned by

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

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

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

25  permanent facilities constructed thereon, whichever is longer.

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

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

28  land owned by any person on which temporary or relocatable

29  facilities are to be utilized.

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

31  235.195, Florida Statutes, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         235.195  Cooperative development and use of facilities

 2  by two or more boards.--

 3         (2)  An educational plant survey must be conducted

 4  within 90 days after submission of the joint resolution and

 5  substantiating data describing the benefits to be obtained,

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

 7  proposed project.  Upon completion of the educational plant

 8  survey, the participating boards may include the recommended

 9  projects in their plan as provided in s. 235.15 s. 235.16.

10  Upon approval of the project by the commissioner, up to 25

11  percent of the total cost of the project, or the pro rata

12  share based on space utilization of 25 percent of the cost,

13  must be included in the department's legislative capital

14  outlay budget request as provided in s. 235.41 for educational

15  plants.  The participating boards must include in their joint

16  resolution a commitment to finance the remaining funds

17  necessary to complete the planning, construction, and

18  equipping of the facility.  Funds from the Public Education

19  Capital Outlay and Debt Service Trust Fund may not be expended

20  on any project unless specifically authorized by the

21  Legislature.

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

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

24  public postsecondary educational institutions must be

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

26  facility has been reviewed by the Postsecondary Education

27  Planning Commission, recommended to the State Board of

28  Education, and has been formally requested for authorization

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

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

31  university shall receive funding for more than one approved

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  effective August 1, 1990. All projects previously approved

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

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

 5  board receives an appropriation.

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

 7  of section 240.1201, Florida Statutes, to read:

 8         240.1201  Determination of resident status for tuition

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

10  nonresidents for the purpose of assessing tuition fees in

11  public community colleges and universities.

12         (10)  The following persons shall be classified as

13  residents for tuition purposes:

14         (j)  Active duty members of the Canadian military

15  residing or stationed in this state under the North American

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

17  children, attending a public community college or university

18  within 50 miles of the military establishment where they are

19  stationed.

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

21  Statutes, is amended to read:

22         240.147  Powers and duties of the commission.--The

23  commission shall:

24         (4)  Recommend to the State Board of Education

25  contracts with independent institutions to conduct programs

26  consistent with the state master plan for postsecondary

27  education. In making recommendations, the commission shall

28  consider the annual report submitted by the Board of Regents

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

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

31  every 5 years.

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  Statutes, is amended to read:

 3         240.205  Board of Regents incorporated.--The Board of

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

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

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

 7  amendatory hereof and shall:

 8         (6)  Acquire real and personal property and contract

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

10  contracts for the acquisition of commodities, goods,

11  equipment, contractual or services, including educational

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

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

14  The acquisition may include purchase by installment or

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

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

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

18  contractual services, leases, and construction, as designated

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

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

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

22  Trustees of the Internal Improvement Trust Fund and shall be

23  transferred and conveyed by it. Notwithstanding any other

24  provisions of this subsection, the Board of Regents shall

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

26  of professional services as defined therein.

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

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

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

30         240.209  Board of Regents; powers and duties.--

31         (3)  The board shall:

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         (e)  Establish student fees.

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

 3  shall raise the systemwide standard for resident undergraduate

 4  matriculation and financial aid fees for the subsequent fall

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

 6  cost of undergraduate programs. In implementing this

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

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

 9  the same percentage as the increase in fees for resident

10  undergraduates. However, in the absence of legislative action

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

12  approve annual fee increases for resident students in excess

13  of 10 percent. The sum of nonresident student matriculation

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

15  undergraduate education. Graduate, medical, veterinary, and

16  dental fees charged to nonresidents may be increased by the

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

18  nonresident undergraduates. However, in implementing this

19  policy and in the absence of legislative action to the

20  contrary in an appropriations act, annual fee increases for

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

22  of legislative action to the contrary in the General

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

24  following fall term.

25         2.  When the appropriations act requires a new fee

26  schedule, the board shall establish a systemwide standard fee

27  schedule required to produce the total fee revenue established

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

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

30  expenditure of any fee revenues resulting from the product of

31  the fee schedule adopted pursuant to this section and the

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  assigned enrollment.

 2         3.  Upon provision of authority in a General

 3  Appropriations Act to spend revenue raised pursuant to this

 4  section, the board shall approve a university request to

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

 6  schedule which is calculated to generate revenue which varies

 7  no more than 10 percent from the standard fee revenues

 8  authorized through an appropriations act. In implementing an

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

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

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

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

13  implementing a plan for achieving accountability goals adopted

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

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

16  time necessary for graduation without reducing the quality of

17  instruction. The plans shall be recommended by a

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

19  students appointed by the student body president. A

20  chairperson, appointed jointly by the university president and

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

22  tie.

23         4.  The board is authorized to collect for financial

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

25  tuition and matriculation fee per credit hour. The revenues

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

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

28  as quickly as possible. The board shall specify specific

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

30  which may be carried forward unexpended to the following

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

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

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

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

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

 5  original award.

 6         5.  The board may recommend to the Legislature an

 7  appropriate systemwide standard matriculation and tuition fee

 8  schedule.

 9         6.  The Education and General Student and Other Fees

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

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

12  fund from student fee collections and other miscellaneous fees

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

14  instruction and research missions of the State University

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

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

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

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

19  fund.

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

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

22  procedures to administer an acquisition program for the

23  purchase or lease of real and personal property and

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

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

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

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

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

29  related improvements necessary and desirable to serve the

30  needs and purposes of a university in the State University

31  System.

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

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

 3  the Internal Improvement Trust Fund in securing appraisals.

 4  Whenever the board finds it necessary for timely property

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

 6  selection, with one or more appraisers whose names are

 7  contained on the list of approved appraisers maintained by the

 8  Division of State Lands in the Department of Environmental

 9  Protection.

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

11  contract before an appraisal is obtained.  The option contract

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

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

14  option contract may not exceed 10 percent of the estimate

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

16  parcel, whichever is greater, unless otherwise authorized by

17  the board.

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

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

20  Internal Improvement Trust Fund or the Division of State Lands

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

22  require policies and procedures to obtain clear legal title to

23  parcels purchased for state purposes.  Title to property

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

25  the Internal Improvement Trust Fund.

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

27  240.2097, Florida Statutes, are amended to read:

28         240.2097  Education programs, limited access status;

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

30  Regents shall adopt rules to include the following provisions:

31         (1)  The criteria for assigning limited access status

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  the periodic review of programs shall be identified so that

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

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

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

 6  programs, the minimum admission standards for each program,

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

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

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

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

11  necessary annually a student handbook that includes, but is

12  not limited to, a comprehensive calendar that emphasizes

13  important dates and deadlines, student rights and

14  responsibilities, appeals processes available to students, a

15  roster of contact persons within the administrative staff

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

17  to the State University System policy on acquired immune

18  deficiency syndrome including the name and telephone number of

19  the university acquired immune deficiency syndrome counselor.

20  Each student handbook must include a statement displayed

21  prominently which provides that the university will not

22  tolerate the sale, possession, or use of controlled

23  substances, with the exception of medication prescribed by a

24  physician and taken in accordance with the prescribed usage,

25  nor will the university tolerate the consumption of alcoholic

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

27  of alcoholic beverages to students younger than 21 years of

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

29  university-specific sanctions that will be imposed upon

30  students who violate the law or university policies regarding

31  controlled substances and alcoholic beverages.

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         Section 10.  Section 240.214, Florida Statutes, is

 2  amended to read:

 3         240.214  State University System accountability

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

 5  accountability process be implemented which provides for the

 6  systematic, ongoing evaluation of quality and effectiveness in

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

 8  Legislature that this accountability process monitor

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

10  instruction, research, and public service, while recognizing

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

12  accountability process shall provide for the adoption of

13  systemwide performance standards and performance goals for

14  each standard identified through a collaborative effort

15  involving the State University System, the Legislature, and

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

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

18  performance-based budgeting process.  This process requires

19  that university accountability reports reflect measures

20  defined through performance-based budgeting.  The

21  performance-based budgeting measures must also reflect the

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

23  missions of the institutions in the State University System.

24  The accountability process shall result in an annual

25  accountability report to the Legislature.

26         (1)  The annual accountability report shall include

27  goals and measurable objectives related to the systemwide

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

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

30         (a)  Total student credit hours;

31         (b)  Total number of contact hours of instruction

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2         (c)  Pass rates on professional licensure examinations,

 3  by institution;

 4         (d)  Institutional quality as assessed by followup,

 5  such as analyses of employment information on former students,

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

 7  and employers;

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

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

10  degree;

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

12  rates by race and gender;

13         (g)  Student course demand;

14         (h)  An analysis of administrative and support

15  functions;

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

17  the cumulative debt of students; and

18         (j)  An evaluation of the production of classroom

19  contact hours at each university in comparison to a standard

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

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

22  provided for instruction.

23         (1)(2)  By December 31 of each year, the Board of

24  Regents shall submit an the annual accountability report

25  providing information on the implementation of performance

26  standards, actions taken to improve university achievement of

27  performance goals, the achievement of performance goals during

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

29  next year. The accountability reports shall be designed in

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

31  Auditor General, and the Legislature.

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         (2)(3)  The Board of Regents shall recommend in the

 2  annual accountability report any appropriate modifications to

 3  this section.

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

 5  240.227, Florida Statutes, are amended to read:

 6         240.227  University presidents; powers and duties.--The

 7  president is the chief administrative officer of the

 8  university and is responsible for the operation and

 9  administration of the university.  Each university president

10  shall:

11         (12)  Approve and execute contracts for the acquisition

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

13  educational services, for leases of for real and personal

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

15  university, provided such contracts are made pursuant to rules

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

17  applicable, are for the implementation of approved programs of

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

19  $1 million $500,000. The acquisition Goods and equipment may

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

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

22  unpaid portion of the purchase price. Notwithstanding any

23  other provisions of this subsection, university presidents

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

25  procurement of professional services and may approve and

26  execute all contracts for planning, construction, and

27  equipment for projects with building programs and construction

28  budgets approved by the Board of Regents.

29         (13)  Manage the property and financial resources of

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

31  authority to adjust property records and dispose of

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  custody in accordance with procedures established by the Board

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

 4  all moneys received from the disposition of state-owned

 5  tangible personal property shall be retained by the university

 6  and disbursed for the acquisition of tangible personal

 7  property and for all necessary operating expenditures.  The

 8  university shall maintain records of the accounts into which

 9  such moneys are deposited pursuant to s. 240.225.

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

11  240.241, Florida Statutes, to read:

12         240.241  Divisions of sponsored research at state

13  universities.--

14         (16)  Notwithstanding the provisions of s. 216.351,

15  section 216.346 does not apply to contracts or subcontracts

16  between state universities, between community colleges, or

17  between state universities and community colleges.

18         Section 13.  Section 240.2605, Florida Statutes, is

19  amended to read:

20         240.2605  Trust Fund for Major Gifts.--

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

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

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

24  College with the opportunity to provide donors with an

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

26  establishment of permanent endowments, which must shall be

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

28  libraries and instruction and research programs, as defined by

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

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

31  scholars program must shall be deposited into the trust fund

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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  Board of Regents allocates the such funds to universities to

 3  match private donations. Notwithstanding the provisions of s.

 4  216.301 and pursuant to s. 216.351, any undisbursed balance

 5  remaining in the trust fund and interest income accruing to

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

 7  distributed to universities must remain in the trust fund and

 8  used to shall increase the total funds available for challenge

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

10  encumber the state matching portion of a challenge grant from

11  funds available under s. 240.272.

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

13  submission, documentation, and approval of requests for

14  matching funds, accountability for endowments and proceeds of

15  endowments, allocations to universities, restrictions on the

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

17  determining the value of donations.

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

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

20  of Regents to the Board of Regents Foundation, each

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

22  donation and the restrictions applied to the donation.

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

24  matched in the following manner:

25         1.  The Board of Regents Foundation and each university

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

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

28  percent of the private contribution.

29         2.  The Board of Regents Foundation and each university

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

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

                                  16
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  matching grant equal to 70 percent of the private

 2  contribution.

 3         3.  The Board of Regents Foundation and each university

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

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

 6  matching grant equal to 75 percent of the private

 7  contribution.

 8         4.  The Board of Regents Foundation and each university

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

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

11  a matching grant equal to 80 percent of the private

12  contribution.

13         5.  The Board of Regents Foundation and each university

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

15  private source must shall receive a matching grant equal to

16  100 percent of the private contribution.

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

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

19  requirements for state matching funds as specified for the

20  particular challenge grant and the amount of the private

21  donations actually received by the university or Board of

22  Regents Foundation for the respective challenge grant.

23         (4)  Matching funds may be provided for contributions

24  encumbered or pledged under the Florida Endowment Trust Fund

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

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

27  the prescribed minimums which are pledged for the purpose of

28  this section.

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

30  university foundation, and New College Foundation shall

31  establish a challenge grant account for each challenge grant

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  as a depository for private contributions and state matching

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

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

 4  shall be transferred to a university foundation or New College

 5  Foundation upon notification that the university or New

 6  College has received and deposited the amount specified in

 7  this section in a foundation challenge grant account.

 8         (b)  The foundation serving a university and New

 9  College Foundation each has shall have the responsibility for

10  the maintenance and investment of its challenge grant account

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

12  university or New College, pursuant to procedures specified by

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

14  annual report to the Board of Regents information concerning

15  collection and investment of matching gifts and donations and

16  investment of the account.

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

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

19  Eminent Scholar Endowed Chair pursuant to procedures specified

20  by the Board of Regents.

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

22  from endowments established under pursuant to this section may

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

24  maintenance of facilities or for the support of

25  intercollegiate athletics.

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

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

28  provisions of this section.

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

30  Statutes, is amended to read:

31         240.281  Deposit of funds received by institutions and

                                  18
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

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

 3  from whatever source received and for whatever purpose, shall

 4  be deposited in the State Treasury subject to disbursement in

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

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

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

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

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

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

11  the review provisions of s. 216.177.

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

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

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

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

16         243.151  Lease agreements; land, facilities.--

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

18  university may:

19         (a)  Construct educational facilities on land that is

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

21  240.299, or a governmental agency at the federal, state,

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

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

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

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

26  condition acceptable for use, whichever is longer.

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

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

29  adequate temporary or relocatable facilities are available on

30  the land.

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

                                  19
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  and buildings upon which capital improvements may be made.

 2

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

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

 5  lease from a private landowner or developer.

 6         (4)(3)  Agreements as provided in this section shall be

 7  entered into with an offeror resulting from publicly announced

 8  competitive bids or proposals, except that the university may

 9  enter into an agreement with an entity enumerated in paragraph

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

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

12  agreements for financing and constructing the project after

13  receiving competitive bids or proposals. Any facility

14  constructed, lease-purchased, or purchased under such

15  agreements, whether erected on land under the jurisdiction of

16  the university or not, shall conform to the construction

17  standards and codes applicable to university facilities. The

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

19  carry out its duties and responsibilities imposed by this

20  section.

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

22  Statutes, is amended to read:

23         287.012  Definitions.--The following definitions shall

24  apply in this part:

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

26  departments, boards, commissions, divisions, bureaus, and

27  councils and any other unit of organization, however

28  designated, of the executive branch of state government.

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

30  University System.

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

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  240.4988, subsection (3) of section 287.017, and section

 2  240.225, Florida Statutes, are repealed.

 3         Section 18.  Section 240.2475, Florida Statutes, is

 4  amended to read:

 5         240.2475  State University System employment equity

 6  accountability program.--

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

 8  university shall maintain an annual equity develop a plan for

 9  appropriate representation increasing the number of women and

10  minorities in senior-level administrative positions, within

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

12  plan shall be maintained until appropriate representation has

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

14         (a)  "Appropriate representation" means category

15  employment representation that at least meets comparable

16  national standards for at least two consecutive reporting

17  periods.

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

19  and professional grouping, including senior-level

20  administrative and professional positions, senior academic

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

22  increasing the number of women and minorities in ranked

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

24  minorities granted tenure.  The plan must include specific

25  measurable goals and objectives, specific strategies for

26  accomplishing these goals and objectives, a time period for

27  accomplishing these goals and objectives, and comparative

28  national standards.  The plan shall be submitted to the

29  Legislature on or before September 1, 1992.

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

31  university president shall submit an annual equity

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  accountability report to the Chancellor and the Board of

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

 3  an analysis, and a status report of selected personnel

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

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

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

 7  university shall provide the job classification title, gender,

 8  race, and appointment status of selected personnel

 9  transactions.  The status update shall assess

10  underrepresentation in each category.  The status report shall

11  consist of current category employment representation,

12  comparable national standards, an evaluation of

13  representation, and annual goals to address

14  underrepresentation. which shows the number of administrative

15  positions in the faculty and in the administrative and

16  professional pay plans which were filled in the previous

17  fiscal year.  Administrative positions include faculty

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

19  administration under standard practice CM 87-17.1 and

20  positions in the administrative and professional pay plans

21  that are defined as administrative positions under the Board

22  of Regents' classification of occupational groupings.  The

23  report must include the following information pertaining to

24  the employees hired in those positions:

25         1.  Job classification title;

26         2.  Gender;

27         3.  Ethnicity;

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

29  Florida Administrative Code;

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

31         6.  Comparative information including, but not limited

                                  22
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  to, composite information regarding the total number of

 2  positions within the particular job title classification for

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

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

 5  hires;

 6         7.  Guidelines for ensuring a gender-balanced and

 7  ethnically balanced selection committee for each vacancy;

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

 9  for each vacancy; and

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

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

12  women and minorities in senior-level administrative positions.

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

14  annually thereafter, for those categories in which prior year

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

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

17  achievement of equity. The plan shall include guidelines for

18  ensuring balanced membership on selection committees and

19  specific steps for developing a diverse pool of candidates for

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

21  systematic process by which those responsible for hiring are

22  provided information and are evaluated regarding their

23  responsibilities pursuant to this section. Each university's

24  equity accountability report must also include the following

25  information pertaining to candidates formally applying for

26  tenure:

27         1.  Rank;

28         2.  Gender;

29         3.  Ethnicity;

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

31         5.  Comparative information including, but not limited

                                  23
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  to, composite information regarding the total number of

 2  positions within the particular classification for the

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

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

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

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

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

 8  increasing the representation of women and minorities in

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

10  report must also include:

11         1.  The requirements for achieving tenure;

12         2.  The gender and ethnic composition of the committees

13  that review tenure recommendations at the department, college,

14  and university levels;

15         3.  Guidelines for ensuring the equitable distribution

16  of assignments that would enhance tenure opportunities for

17  women and minority faculty; and

18         4.  Guidelines for obtaining feedback on the annual

19  progress towards achievement of tenure by women and

20  minorities.

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

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

23  category.  In addition, each university shall report

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

25  stage of the transaction process, and provide certification

26  that each eligible faculty member was apprised annually of

27  progress toward tenure. Each university shall also report on

28  the dissemination of standards for achieving tenure; racial

29  and gender composition of committees reviewing recommendations

30  at each transaction level; and dissemination of guidelines for

31  equitable distribution of assignments.

                                  24
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

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

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

 4  hiring and promotional goals and objectives, as specified in

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

 6  Annual budget allocations for positions and funding shall be

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

 8  evaluation shall be submitted to the Chancellor and the Board

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

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

11  Board of Regents shall annually evaluate the performance of

12  the university presidents in achieving the annual equity and

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

14  such evaluations shall be included as part of the annual

15  equity progress report submitted by the Board of Regents to

16  the Legislature and the State Board of Education.

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

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

19  the House of Representatives, Legislature and the State Board

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

21         (5)  Each university shall develop a budgetary

22  incentive plan to support and ensure attainment of the goals

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

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

25  achievement of goals and the implementation of strategies in a

26  timely manner.  After prior review and approval by the

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

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

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

30  1993, positions that become vacant in the faculty or the

31  administrative and professional pay plans at a university

                                  25
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  allocated by the administration to departments to reward

 3  department managers for attaining equity goals.  Each

 4  university president shall develop rules regarding the filling

 5  of vacant positions and the transferring of positions into the

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

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

 8  for the university as of the date of the preparation of the

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

10  provide that the number of positions to be transferred into

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

12  exceed 10 percent of the total number of authorized positions

13  for the department as of the date of the preparation of the

14  initial operating budget for each year.  Subject to available

15  funding, the Legislature shall provide an annual appropriation

16  to be allocated to the department managers in recognition of

17  the attainment of equity goals and objectives.

18         (6)  Relevant components of each university's

19  affirmative action plan may be used to satisfy the

20  requirements of this section.

21         (7)  Subject to available funding, the Legislature

22  shall provide an annual appropriation to the Board of Regents

23  to be allocated to the universities to further enhance equity

24  initiatives and related priorities that support the mission of

25  departments, divisions, or colleges in recognition of the

26  attainment of equity goals and objectives.

27         Section 19.  Section 240.3355, Florida Statutes, is

28  amended to read:

29         240.3355  Community College System employment equity

30  accountability program.--

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

                                  26
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  plan for increasing the representation number of women and

 3  minorities in senior-level administrative positions and, for

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

 5  ranked faculty positions, and for increasing the

 6  representation number of women and minorities who have

 7  attained continuing-contract status. Positions shall be

 8  defined in the personnel data element directory of the

 9  Division of Community Colleges. The plan must include specific

10  measurable goals and objectives, specific strategies and

11  timelines for accomplishing these goals and objectives, and

12  comparable national standards as provided by the Division of

13  Community Colleges a time period for accomplishing these goals

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

15  meeting or exceeding comparable national standards and shall

16  be reviewed and recommended by the State Board of Community

17  Colleges as appropriate.  Such plans shall be maintained until

18  appropriate representation has been achieved and maintained

19  for at least 3 consecutive reporting years.

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

21  college president shall submit an the annual employment

22  accountability plan equity update to the Executive Director of

23  the State Board of Community Colleges.  The accountability

24  plan equity update must show faculty and administrator

25  employment data according to requirements specified on the

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

27  of deans, associates, assistant deans, vice presidents,

28  associate and assistant presidents, provosts, legal counsel,

29  and similar administrative positions which were filled in the

30  previous 12-month period.  Administrative positions include

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

                                  27
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  academic administration by rule and positions that are defined

 2  as administrative positions under the Community College

 3  System's classification of occupational groupings.

 4         (b)  The plan report must show the following

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

 6         1.  Job classification title.;

 7         2.  Gender.;

 8         3.  Ethnicity.;

 9         4.  Appointment status.;

10         5.  Salary information.  At each community college,

11  salary information shall also include including the salary

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

13  ranges for employees with comparable experience and

14  qualifications. at which the individual was hired compared to

15  the salary range for the respective position and to other

16  employees in the same job title classification;

17         6.  Other comparative information including, but not

18  limited to, composite information regarding the total number

19  of positions within the particular job title classification

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

21  compared to the number of new hires.;

22         7.  A statement certifying diversity and balance in the

23  gender and ethnic composition of the selection committee for

24  each vacancy, including a brief description of guidelines used

25  for ensuring balanced and diverse membership on selection and

26  review committees.;

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

28  for each vacancy; and

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

30  also include an analysis and an assessment of the community

31  college's attainment accomplishment of annual goals and of

                                  28
    10:16 AM   04/21/98                               h0755c-13m0a




                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





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

 2  minorities in faculty and senior-level administrative

 3  positions, and a corrective action plan for addressing

 4  underrepresentation.

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

 6  accountability plan report must also include:

 7         1.  The requirements for receiving a continuing

 8  contract.;

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

10  The gender and ethnic composition of the committees that

11  review continuing-contract status. recommendations;

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

13  apprise each eligible faculty member of progress toward

14  attainment of continuing-contract status. The enhancement of

15  continuing-contract opportunities for women and minority

16  faculty; and

17         4.  Written documentation of feedback on the annual

18  progress towards achievement of continuing-contract status by

19  women and minorities.

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

21  major administrative division shall be evaluated annually on

22  the progress made toward meeting the goals and objectives of

23  the community college's employment accountability equity

24  update plan.

25         (a)  The community college presidents, or the

26  president's designee, shall annually evaluate each department

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

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

29  the results of such evaluations shall be reported annually by

30  the president of the community college to the board of

31  trustees. Annual budget allocations by the board of trustees

                                  29
    10:16 AM   04/21/98                               h0755c-13m0a




                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  for positions and funding must take into consideration these

 2  evaluations this evaluation.

 3         (b)  Beginning January 1994, Community college district

 4  boards of trustees shall annually evaluate the performance of

 5  the community college presidents in achieving the annual and

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

 7  such evaluations shall be reported to the Executive Director

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

 9  community college's annual employment accountability plan, and

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

11  annual equity progress report submitted by the State Board of

12  Community Colleges.

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

14  submit an annual equity progress report to the President of

15  the Senate, the Speaker of the House of Representatives,

16  Legislature and the State Board of Education on or before

17  January December 1 of each year.

18         (5)  Each community college shall develop a budgetary

19  incentive plan to support and ensure attainment of the goals

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

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

22  achievement of goals and the implementation of strategies in a

23  timely manner.  After prior review and approval by the

24  community college president and the State Board of Community

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

26  employment accountability plan submitted by each community

27  college to the State Board of Community Colleges.

28         (6)(4)  Subject to available funding, the Legislature

29  shall provide an annual appropriation to the State Board of

30  Community Colleges to be allocated to community college

31  presidents, faculty, and administrative personnel to further

                                  30
    10:16 AM   04/21/98                               h0755c-13m0a




                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  enhance equity initiatives and related priorities that support

 2  the mission of colleges and departments the department

 3  managers in recognition of the attainment of the equity goals

 4  and objectives.

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

 6  Statutes, is amended to read:

 7         240.2803  Auxiliary enterprises; contracts, grants, and

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

 9  the State Constitution, the term:

10         (1)  "Auxiliary enterprises" includes activities that

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

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

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

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

15  service. These auxiliary enterprises are business activities

16  of a university which require no support from the General

17  Revenue Fund generally self-sufficient operations, and include

18  activities such as housing, bookstores, student health

19  services, continuing education programs, food services,

20  college stores, operation of vending machines, specialty

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

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

23  intercollegiate athletics programs, and other programs for

24  which the funds are deposited outside the State Treasury.

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

26  Florida, is amended to read:

27         Section 3.  When the Department of Insurance receives a

28  $6 million settlement as specified in the Consent Order of the

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

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

31  requirements of section 18 of the Consent Order must be

                                  31
    10:16 AM   04/21/98                               h0755c-13m0a




                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1  transferred from the Insurance Commissioner's Regulatory Trust

 2  Fund to the State Student Financial Assistance Trust Fund is

 3  appropriated from the State Student Financial Assistance Trust

 4  Fund to provide Ethics in Business scholarships to students

 5  enrolled in public community colleges and independent

 6  postsecondary education institutions eligible to participate

 7  in the Florida Resident Access Grant Program under section

 8  240.605, Florida Statutes. The funds shall be allocated to

 9  institutions for scholarships in the following

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

11  eligible independent institutions. The Department of Education

12  shall administer the scholarship program for students

13  attending community colleges and independent institutions.

14  These funds must be allocated to institutions that provide an

15  equal amount of matching funds generated by private donors for

16  the purpose of providing Ethics in Business scholarships.

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

18  funds collected for other purposes. Notwithstanding any other

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

20  the authority to invest the funds appropriated under this

21  section. The Department of Education may adopt rules for

22  administration of the program.

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

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         Delete everything before the enacting clause

29

30  and insert:

31                      A bill to be entitled

                                  32
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         An act relating to postsecondary education;

 2         amending s. 110.131, F.S.; deleting the

 3         requirement that the Board of Regents comply

 4         with recordkeeping and reporting requirements

 5         for other-personal-services employment;

 6         amending s. 228.055, F.S.; providing for a

 7         regional autism center; amending s. 235.055,

 8         F.S.; deleting authority of the Board of

 9         Regents to construct facilities on leased

10         property and enter into certain leases;

11         amending s. 235.195, F.S.; modifying provisions

12         relating to joint-use facilities; amending s.

13         240.1201, F.S.; classifying specified Canadian

14         military personnel as residents for tuition

15         purposes; amending s. 240.147, F.S.; correcting

16         a cross-reference; amending s. 240.205, F.S.;

17         revising the acquisition and contracting

18         authority of the Board of Regents; amending s.

19         240.209, F.S.; authorizing procedures to

20         administer an acquisition program; authorizing

21         the Board of Regents to sell, convey, transfer,

22         exchange, trade, or purchase real property and

23         related improvements; providing requirements;

24         amending s. 240.2097, F.S.; deleting a

25         requirement that the Board of Regents report to

26         the Legislature on limited-access programs;

27         revising requirements for student handbooks;

28         amending s. 240.214, F.S.; revising provisions

29         relating to the State University System

30         accountability process; amending s. 240.227,

31         F.S.; revising the acquisition and contracting

                                  33
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                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         authority of university presidents; authorizing

 2         adjustment of property records and disposal of

 3         certain tangible personal property; amending s.

 4         240.241, F.S., relating to divisions of

 5         sponsored research at state universities;

 6         providing an exemption from certain contract

 7         requirements for state universities and

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

 9         relating to the Trust Fund for Major Gifts;

10         deleting Board of Regents' rulemaking power;

11         authorizing the Board of Regents Foundation to

12         participate in the major gifts program;

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

14         authority for an institution to deposit certain

15         funds outside the State Treasury; amending s.

16         243.151, F.S.; providing a procedure under

17         which a university may construct facilities on

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

19         excluding the Board of Regents and the State

20         University System from the term "agency" for

21         purposes of state procurement of commodities

22         and services; repealing ss. 240.225, 240.247,

23         240.4988(4), 287.017(3), F.S., relating to

24         delegation of authority by the Department of

25         Management Services to the State University

26         System, eradication of salary discrimination,

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

28         Vivian M. Johnson Scholarship Program, and

29         applicability of purchasing category rules to

30         the State University System; amending s.

31         240.2475, F.S., relating to the State

                                  34
    10:16 AM   04/21/98                               h0755c-13m0a




                                                  SENATE AMENDMENT

    Bill No. HB 755, 3rd Eng.

    Amendment No.    





 1         University System equity accountability

 2         program; requiring each state university to

 3         maintain an equity plan to increase the

 4         representation of women and minorities in

 5         faculty and administrative positions; providing

 6         for the submission of reports; requiring the

 7         development of a plan for achievement of

 8         equity; providing for administrative

 9         evaluations; requiring the development of a

10         budgetary incentive plan; providing for an

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

12         relating to the State Community College System

13         equity accountability program; requiring each

14         community college to maintain a plan to

15         increase the representation of women and

16         minorities in faculty and administrative

17         positions; providing contents of an employment

18         accountability plan; requiring the development

19         of a plan for corrective action; providing for

20         administrative evaluations; providing for

21         submission of reports; requiring the

22         development of a budgetary incentive plan;

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

24         definition of auxiliary enterprises; amending

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

26         authority to the State Board of Administration

27         to invest certain funds; providing an effective

28         date.

29

30

31

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