House Bill 0755e4

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                                          HB 755, Fourth Engrossed



  1                      A bill to be entitled

  2         An act relating to postsecondary education;

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

  4         requirement that the Board of Regents comply

  5         with recordkeeping and reporting requirements

  6         for other-personal-services employment;

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

  8         regional autism center; amending s. 235.055,

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

10         Regents to construct facilities on leased

11         property and enter into certain leases;

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

13         relating to joint-use facilities; amending s.

14         240.1201, F.S.; classifying specified Canadian

15         military personnel as residents for tuition

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

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

18         revising the acquisition and contracting

19         authority of the Board of Regents; amending s.

20         240.209, F.S.; authorizing procedures to

21         administer an acquisition program; authorizing

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

23         exchange, trade, or purchase real property and

24         related improvements; providing requirements;

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

26         requirement that the Board of Regents report to

27         the Legislature on limited-access programs;

28         revising requirements for student handbooks;

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

30         relating to the State University System

31         accountability process; amending s. 240.227,


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                                          HB 755, Fourth Engrossed



  1         F.S.; revising the acquisition and contracting

  2         authority of university presidents; authorizing

  3         adjustment of property records and disposal of

  4         certain tangible personal property; amending s.

  5         240.241, F.S., relating to divisions of

  6         sponsored research at state universities;

  7         providing an exemption from certain contract

  8         requirements for state universities and

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

10         relating to the Trust Fund for Major Gifts;

11         deleting Board of Regents' rulemaking power;

12         authorizing the Board of Regents Foundation to

13         participate in the major gifts program;

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

15         authority for an institution to deposit certain

16         funds outside the State Treasury; amending s.

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

18         which a university may construct facilities on

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

20         excluding the Board of Regents and the State

21         University System from the term "agency" for

22         purposes of state procurement of commodities

23         and services; repealing ss. 240.225, 240.247,

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

25         delegation of authority by the Department of

26         Management Services to the State University

27         System, eradication of salary discrimination,

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

29         Vivian M. Johnson Scholarship Program, and

30         applicability of purchasing category rules to

31         the State University System; amending s.


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                                          HB 755, Fourth Engrossed



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

  2         University System equity accountability

  3         program; requiring each state university to

  4         maintain an equity plan to increase the

  5         representation of women and minorities in

  6         faculty and administrative positions; providing

  7         for the submission of reports; requiring the

  8         development of a plan for achievement of

  9         equity; providing for administrative

10         evaluations; requiring the development of a

11         budgetary incentive plan; providing for an

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

13         relating to the State Community College System

14         equity accountability program; requiring each

15         community college to maintain a plan to

16         increase the representation of women and

17         minorities in faculty and administrative

18         positions; providing contents of an employment

19         accountability plan; requiring the development

20         of a plan for corrective action; providing for

21         administrative evaluations; providing for

22         submission of reports; requiring the

23         development of a budgetary incentive plan;

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

25         definition of auxiliary enterprises; amending

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

27         authority to the State Board of Administration

28         to invest certain funds; creating the

29         Leadership Board for Applied Research and

30         Public Service; providing for its membership

31         and duties; providing an appropriation for the


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                                          HB 755, Fourth Engrossed



  1         board; providing an appropriation for the State

  2         Agency Dispute Resolution Demonstration

  3         Project; providing an effective date.

  4

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

  6

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

  8  110.131, Florida Statutes, is amended to read:

  9         110.131  Other-personal-services temporary

10  employment.--

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

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

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

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

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

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

17  the Blind shall comply with the recordkeeping and reporting

18  requirements adopted by the department pursuant to subsection

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

20  exempted by this subsection.

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

22  Statutes, is amended to read:

23         228.055  Regional autism centers.--

24         (1)  Six Five regional autism centers are established

25  to provide nonresidential resource and training services for

26  persons of all ages and of all levels of intellectual

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

28  have a pervasive developmental disorder that is not otherwise

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

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

31  other handicapping conditions. Each center shall be


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                                          HB 755, Fourth Engrossed



  1  operationally and fiscally independent and shall provide

  2  services within its geographical region of the state. Each

  3  center shall coordinate services within and between state and

  4  local agencies and school districts but may not duplicate

  5  services provided by those agencies or school districts.  The

  6  respective locations and service areas of the centers are:

  7         (a)  The Department of Communication Disorders at

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

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

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

11  Walton, and Washington Counties.

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

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

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

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

16  and Union Counties.

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

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

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

20  Florida Mental Health Institute at the University of South

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

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

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

24  and Sarasota Counties.

25         (d)  The Florida Mental Health Institute at the

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

27  DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough,

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

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

30

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                                          HB 755, Fourth Engrossed



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

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

  3  Palm Beach Counties.

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

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

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

  7         Section 3.  Section 235.055, Florida Statutes, is

  8  amended to read:

  9         235.055  Construction of facilities on leased property;

10  conditions.--

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

12  Regents, are authorized to construct or place educational

13  facilities and ancillary facilities on land which is owned by

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

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

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

17  permanent facilities constructed thereon, whichever is longer.

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

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

20  land owned by any person on which temporary or relocatable

21  facilities are to be utilized.

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

23  235.195, Florida Statutes, are amended to read:

24         235.195  Cooperative development and use of facilities

25  by two or more boards.--

26         (2)  An educational plant survey must be conducted

27  within 90 days after submission of the joint resolution and

28  substantiating data describing the benefits to be obtained,

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

30  proposed project.  Upon completion of the educational plant

31  survey, the participating boards may include the recommended


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                                          HB 755, Fourth Engrossed



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

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

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

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

  5  must be included in the department's legislative capital

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

  7  plants.  The participating boards must include in their joint

  8  resolution a commitment to finance the remaining funds

  9  necessary to complete the planning, construction, and

10  equipping of the facility.  Funds from the Public Education

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

12  on any project unless specifically authorized by the

13  Legislature.

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

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

16  public postsecondary educational institutions must be

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

18  facility has been reviewed by the Postsecondary Education

19  Planning Commission, recommended to the State Board of

20  Education, and has been formally requested for authorization

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

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

23  university shall receive funding for more than one approved

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

25  effective August 1, 1990. All projects previously approved

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

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

28  board receives an appropriation.

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

30  of section 240.1201, Florida Statutes, to read:

31


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                                          HB 755, Fourth Engrossed



  1         240.1201  Determination of resident status for tuition

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

  3  nonresidents for the purpose of assessing tuition fees in

  4  public community colleges and universities.

  5         (10)  The following persons shall be classified as

  6  residents for tuition purposes:

  7         (j)  Active duty members of the Canadian military

  8  residing or stationed in this state under the North American

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

10  children, attending a public community college or university

11  within 50 miles of the military establishment where they are

12  stationed.

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

14  Statutes, is amended to read:

15         240.147  Powers and duties of the commission.--The

16  commission shall:

17         (4)  Recommend to the State Board of Education

18  contracts with independent institutions to conduct programs

19  consistent with the state master plan for postsecondary

20  education. In making recommendations, the commission shall

21  consider the annual report submitted by the Board of Regents

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

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

24  every 5 years.

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

26  Statutes, is amended to read:

27         240.205  Board of Regents incorporated.--The Board of

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

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

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

31  amendatory hereof and shall:


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                                          HB 755, Fourth Engrossed



  1         (6)  Acquire real and personal property and contract

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

  3  contracts for the acquisition of commodities, goods,

  4  equipment, contractual or services, including educational

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

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

  7  The acquisition may include purchase by installment or

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

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

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

11  contractual services, leases, and construction, as designated

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

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

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

15  Trustees of the Internal Improvement Trust Fund and shall be

16  transferred and conveyed by it. Notwithstanding any other

17  provisions of this subsection, the Board of Regents shall

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

19  of professional services as defined therein.

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

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

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

23         240.209  Board of Regents; powers and duties.--

24         (3)  The board shall:

25         (e)  Establish student fees.

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

27  shall raise the systemwide standard for resident undergraduate

28  matriculation and financial aid fees for the subsequent fall

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

30  cost of undergraduate programs. In implementing this

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


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                                          HB 755, Fourth Engrossed



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

  2  the same percentage as the increase in fees for resident

  3  undergraduates. However, in the absence of legislative action

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

  5  approve annual fee increases for resident students in excess

  6  of 10 percent. The sum of nonresident student matriculation

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

  8  undergraduate education. Graduate, medical, veterinary, and

  9  dental fees charged to nonresidents may be increased by the

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

11  nonresident undergraduates. However, in implementing this

12  policy and in the absence of legislative action to the

13  contrary in an appropriations act, annual fee increases for

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

15  of legislative action to the contrary in the General

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

17  following fall term.

18         2.  When the appropriations act requires a new fee

19  schedule, the board shall establish a systemwide standard fee

20  schedule required to produce the total fee revenue established

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

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

23  expenditure of any fee revenues resulting from the product of

24  the fee schedule adopted pursuant to this section and the

25  assigned enrollment.

26         3.  Upon provision of authority in a General

27  Appropriations Act to spend revenue raised pursuant to this

28  section, the board shall approve a university request to

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

30  schedule which is calculated to generate revenue which varies

31  no more than 10 percent from the standard fee revenues


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                                          HB 755, Fourth Engrossed



  1  authorized through an appropriations act. In implementing an

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

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

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

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

  6  implementing a plan for achieving accountability goals adopted

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

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

  9  time necessary for graduation without reducing the quality of

10  instruction. The plans shall be recommended by a

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

12  students appointed by the student body president. A

13  chairperson, appointed jointly by the university president and

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

15  tie.

16         4.  The board is authorized to collect for financial

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

18  tuition and matriculation fee per credit hour. The revenues

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

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

21  as quickly as possible. The board shall specify specific

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

23  which may be carried forward unexpended to the following

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

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

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

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

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

29  original award.

30

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                                          HB 755, Fourth Engrossed



  1         5.  The board may recommend to the Legislature an

  2  appropriate systemwide standard matriculation and tuition fee

  3  schedule.

  4         6.  The Education and General Student and Other Fees

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

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

  7  fund from student fee collections and other miscellaneous fees

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

  9  instruction and research missions of the State University

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

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

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

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

14  fund.

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

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

17  procedures to administer an acquisition program for the

18  purchase or lease of real and personal property and

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

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

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

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

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

24  related improvements necessary and desirable to serve the

25  needs and purposes of a university in the State University

26  System.

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

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

29  the Internal Improvement Trust Fund in securing appraisals.

30  Whenever the board finds it necessary for timely property

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


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                                          HB 755, Fourth Engrossed



  1  selection, with one or more appraisers whose names are

  2  contained on the list of approved appraisers maintained by the

  3  Division of State Lands in the Department of Environmental

  4  Protection.

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

  6  contract before an appraisal is obtained.  The option contract

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

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

  9  option contract may not exceed 10 percent of the estimate

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

11  parcel, whichever is greater, unless otherwise authorized by

12  the board.

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

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

15  Internal Improvement Trust Fund or the Division of State Lands

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

17  require policies and procedures to obtain clear legal title to

18  parcels purchased for state purposes.  Title to property

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

20  the Internal Improvement Trust Fund.

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

22  240.2097, Florida Statutes, are amended to read:

23         240.2097  Education programs, limited access status;

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

25  Regents shall adopt rules to include the following provisions:

26         (1)  The criteria for assigning limited access status

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

28  the periodic review of programs shall be identified so that

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

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

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


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                                          HB 755, Fourth Engrossed



  1  programs, the minimum admission standards for each program,

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

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

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

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

  6  necessary annually a student handbook that includes, but is

  7  not limited to, a comprehensive calendar that emphasizes

  8  important dates and deadlines, student rights and

  9  responsibilities, appeals processes available to students, a

10  roster of contact persons within the administrative staff

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

12  to the State University System policy on acquired immune

13  deficiency syndrome including the name and telephone number of

14  the university acquired immune deficiency syndrome counselor.

15  Each student handbook must include a statement displayed

16  prominently which provides that the university will not

17  tolerate the sale, possession, or use of controlled

18  substances, with the exception of medication prescribed by a

19  physician and taken in accordance with the prescribed usage,

20  nor will the university tolerate the consumption of alcoholic

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

22  of alcoholic beverages to students younger than 21 years of

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

24  university-specific sanctions that will be imposed upon

25  students who violate the law or university policies regarding

26  controlled substances and alcoholic beverages.

27         Section 10.  Section 240.214, Florida Statutes, is

28  amended to read:

29         240.214  State University System accountability

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

31  accountability process be implemented which provides for the


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                                          HB 755, Fourth Engrossed



  1  systematic, ongoing evaluation of quality and effectiveness in

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

  3  Legislature that this accountability process monitor

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

  5  instruction, research, and public service, while recognizing

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

  7  accountability process shall provide for the adoption of

  8  systemwide performance standards and performance goals for

  9  each standard identified through a collaborative effort

10  involving the State University System, the Legislature, and

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

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

13  performance-based budgeting process.  This process requires

14  that university accountability reports reflect measures

15  defined through performance-based budgeting.  The

16  performance-based budgeting measures must also reflect the

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

18  missions of the institutions in the State University System.

19  The accountability process shall result in an annual

20  accountability report to the Legislature.

21         (1)  The annual accountability report shall include

22  goals and measurable objectives related to the systemwide

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

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

25         (a)  Total student credit hours;

26         (b)  Total number of contact hours of instruction

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

28         (c)  Pass rates on professional licensure examinations,

29  by institution;

30         (d)  Institutional quality as assessed by followup,

31  such as analyses of employment information on former students,


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                                          HB 755, Fourth Engrossed



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

  2  and employers;

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

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

  5  degree;

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

  7  rates by race and gender;

  8         (g)  Student course demand;

  9         (h)  An analysis of administrative and support

10  functions;

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

12  the cumulative debt of students; and

13         (j)  An evaluation of the production of classroom

14  contact hours at each university in comparison to a standard

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

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

17  provided for instruction.

18         (1)(2)  By December 31 of each year, the Board of

19  Regents shall submit an the annual accountability report

20  providing information on the implementation of performance

21  standards, actions taken to improve university achievement of

22  performance goals, the achievement of performance goals during

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

24  next year. The accountability reports shall be designed in

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

26  Auditor General, and the Legislature.

27         (2)(3)  The Board of Regents shall recommend in the

28  annual accountability report any appropriate modifications to

29  this section.

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

31  240.227, Florida Statutes, are amended to read:


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                                          HB 755, Fourth Engrossed



  1         240.227  University presidents; powers and duties.--The

  2  president is the chief administrative officer of the

  3  university and is responsible for the operation and

  4  administration of the university.  Each university president

  5  shall:

  6         (12)  Approve and execute contracts for the acquisition

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

  8  educational services, for leases of for real and personal

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

10  university, provided such contracts are made pursuant to rules

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

12  applicable, are for the implementation of approved programs of

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

14  $1 million $500,000. The acquisition Goods and equipment may

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

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

17  unpaid portion of the purchase price. Notwithstanding any

18  other provisions of this subsection, university presidents

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

20  procurement of professional services and may approve and

21  execute all contracts for planning, construction, and

22  equipment for projects with building programs and construction

23  budgets approved by the Board of Regents.

24         (13)  Manage the property and financial resources of

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

26  authority to adjust property records and dispose of

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

28  custody in accordance with procedures established by the Board

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

30  all moneys received from the disposition of state-owned

31  tangible personal property shall be retained by the university


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                                          HB 755, Fourth Engrossed



  1  and disbursed for the acquisition of tangible personal

  2  property and for all necessary operating expenditures.  The

  3  university shall maintain records of the accounts into which

  4  such moneys are deposited pursuant to s. 240.225.

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

  6  240.241, Florida Statutes, to read:

  7         240.241  Divisions of sponsored research at state

  8  universities.--

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

10  section 216.346 does not apply to contracts or subcontracts

11  between state universities, between community colleges, or

12  between state universities and community colleges.

13         Section 13.  Section 240.2605, Florida Statutes, is

14  amended to read:

15         240.2605  Trust Fund for Major Gifts.--

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

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

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

19  College with the opportunity to provide donors with an

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

21  establishment of permanent endowments, which must shall be

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

23  libraries and instruction and research programs, as defined by

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

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

26  scholars program must shall be deposited into the trust fund

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

28  Board of Regents allocates the such funds to universities to

29  match private donations. Notwithstanding the provisions of s.

30  216.301 and pursuant to s. 216.351, any undisbursed balance

31  remaining in the trust fund and interest income accruing to


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                                          HB 755, Fourth Engrossed



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

  2  distributed to universities must remain in the trust fund and

  3  used to shall increase the total funds available for challenge

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

  5  encumber the state matching portion of a challenge grant from

  6  funds available under s. 240.272.

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

  8  submission, documentation, and approval of requests for

  9  matching funds, accountability for endowments and proceeds of

10  endowments, allocations to universities, restrictions on the

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

12  determining the value of donations.

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

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

15  of Regents to the Board of Regents Foundation, each

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

17  donation and the restrictions applied to the donation.

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

19  matched in the following manner:

20         1.  The Board of Regents Foundation and each university

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

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

23  percent of the private contribution.

24         2.  The Board of Regents Foundation and each university

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

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

27  matching grant equal to 70 percent of the private

28  contribution.

29         3.  The Board of Regents Foundation and each university

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

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


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                                          HB 755, Fourth Engrossed



  1  matching grant equal to 75 percent of the private

  2  contribution.

  3         4.  The Board of Regents Foundation and each university

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

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

  6  a matching grant equal to 80 percent of the private

  7  contribution.

  8         5.  The Board of Regents Foundation and each university

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

10  private source must shall receive a matching grant equal to

11  100 percent of the private contribution.

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

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

14  requirements for state matching funds as specified for the

15  particular challenge grant and the amount of the private

16  donations actually received by the university or Board of

17  Regents Foundation for the respective challenge grant.

18         (4)  Matching funds may be provided for contributions

19  encumbered or pledged under the Florida Endowment Trust Fund

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

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

22  the prescribed minimums which are pledged for the purpose of

23  this section.

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

25  university foundation, and New College Foundation shall

26  establish a challenge grant account for each challenge grant

27  as a depository for private contributions and state matching

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

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

30  shall be transferred to a university foundation or New College

31  Foundation upon notification that the university or New


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                                          HB 755, Fourth Engrossed



  1  College has received and deposited the amount specified in

  2  this section in a foundation challenge grant account.

  3         (b)  The foundation serving a university and New

  4  College Foundation each has shall have the responsibility for

  5  the maintenance and investment of its challenge grant account

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

  7  university or New College, pursuant to procedures specified by

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

  9  annual report to the Board of Regents information concerning

10  collection and investment of matching gifts and donations and

11  investment of the account.

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

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

14  Eminent Scholar Endowed Chair pursuant to procedures specified

15  by the Board of Regents.

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

17  from endowments established under pursuant to this section may

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

19  maintenance of facilities or for the support of

20  intercollegiate athletics.

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

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

23  provisions of this section.

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

25  Statutes, is amended to read:

26         240.281  Deposit of funds received by institutions and

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

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

29  from whatever source received and for whatever purpose, shall

30  be deposited in the State Treasury subject to disbursement in

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


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                                          HB 755, Fourth Engrossed



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

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

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

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

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

  6  the review provisions of s. 216.177.

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

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

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

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

11         243.151  Lease agreements; land, facilities.--

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

13  university may:

14         (a)  Construct educational facilities on land that is

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

16  240.299, or a governmental agency at the federal, state,

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

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

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

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

21  condition acceptable for use, whichever is longer.

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

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

24  adequate temporary or relocatable facilities are available on

25  the land.

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

27  and buildings upon which capital improvements may be made.

28

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

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

31  lease from a private landowner or developer.


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                                          HB 755, Fourth Engrossed



  1         (4)(3)  Agreements as provided in this section shall be

  2  entered into with an offeror resulting from publicly announced

  3  competitive bids or proposals, except that the university may

  4  enter into an agreement with an entity enumerated in paragraph

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

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

  7  agreements for financing and constructing the project after

  8  receiving competitive bids or proposals. Any facility

  9  constructed, lease-purchased, or purchased under such

10  agreements, whether erected on land under the jurisdiction of

11  the university or not, shall conform to the construction

12  standards and codes applicable to university facilities. The

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

14  carry out its duties and responsibilities imposed by this

15  section.

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

17  Statutes, is amended to read:

18         287.012  Definitions.--The following definitions shall

19  apply in this part:

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

21  departments, boards, commissions, divisions, bureaus, and

22  councils and any other unit of organization, however

23  designated, of the executive branch of state government.

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

25  University System.

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

27  240.4988, subsection (3) of section 287.017, and section

28  240.225, Florida Statutes, are repealed.

29         Section 18.  Section 240.2475, Florida Statutes, is

30  amended to read:

31


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                                          HB 755, Fourth Engrossed



  1         240.2475  State University System employment equity

  2  accountability program.--

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

  4  university shall maintain an annual equity develop a plan for

  5  appropriate representation increasing the number of women and

  6  minorities in senior-level administrative positions, within

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

  8  plan shall be maintained until appropriate representation has

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

10         (a)  "Appropriate representation" means category

11  employment representation that at least meets comparable

12  national standards for at least two consecutive reporting

13  periods.

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

15  and professional grouping, including senior-level

16  administrative and professional positions, senior academic

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

18  increasing the number of women and minorities in ranked

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

20  minorities granted tenure.  The plan must include specific

21  measurable goals and objectives, specific strategies for

22  accomplishing these goals and objectives, a time period for

23  accomplishing these goals and objectives, and comparative

24  national standards.  The plan shall be submitted to the

25  Legislature on or before September 1, 1992.

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

27  university president shall submit an annual equity

28  accountability report to the Chancellor and the Board of

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

30  an analysis, and a status report of selected personnel

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


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                                          HB 755, Fourth Engrossed



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

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

  3  university shall provide the job classification title, gender,

  4  race, and appointment status of selected personnel

  5  transactions.  The status update shall assess

  6  underrepresentation in each category.  The status report shall

  7  consist of current category employment representation,

  8  comparable national standards, an evaluation of

  9  representation, and annual goals to address

10  underrepresentation. which shows the number of administrative

11  positions in the faculty and in the administrative and

12  professional pay plans which were filled in the previous

13  fiscal year.  Administrative positions include faculty

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

15  administration under standard practice CM 87-17.1 and

16  positions in the administrative and professional pay plans

17  that are defined as administrative positions under the Board

18  of Regents' classification of occupational groupings.  The

19  report must include the following information pertaining to

20  the employees hired in those positions:

21         1.  Job classification title;

22         2.  Gender;

23         3.  Ethnicity;

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

25  Florida Administrative Code;

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

27         6.  Comparative information including, but not limited

28  to, composite information regarding the total number of

29  positions within the particular job title classification for

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

31


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                                          HB 755, Fourth Engrossed



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

  2  hires;

  3         7.  Guidelines for ensuring a gender-balanced and

  4  ethnically balanced selection committee for each vacancy;

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

  6  for each vacancy; and

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

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

  9  women and minorities in senior-level administrative positions.

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

11  annually thereafter, for those categories in which prior year

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

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

14  achievement of equity. The plan shall include guidelines for

15  ensuring balanced membership on selection committees and

16  specific steps for developing a diverse pool of candidates for

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

18  systematic process by which those responsible for hiring are

19  provided information and are evaluated regarding their

20  responsibilities pursuant to this section. Each university's

21  equity accountability report must also include the following

22  information pertaining to candidates formally applying for

23  tenure:

24         1.  Rank;

25         2.  Gender;

26         3.  Ethnicity;

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

28         5.  Comparative information including, but not limited

29  to, composite information regarding the total number of

30  positions within the particular classification for the

31


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                                          HB 755, Fourth Engrossed



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

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

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

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

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

  6  increasing the representation of women and minorities in

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

  8  report must also include:

  9         1.  The requirements for achieving tenure;

10         2.  The gender and ethnic composition of the committees

11  that review tenure recommendations at the department, college,

12  and university levels;

13         3.  Guidelines for ensuring the equitable distribution

14  of assignments that would enhance tenure opportunities for

15  women and minority faculty; and

16         4.  Guidelines for obtaining feedback on the annual

17  progress towards achievement of tenure by women and

18  minorities.

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

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

21  category.  In addition, each university shall report

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

23  stage of the transaction process, and provide certification

24  that each eligible faculty member was apprised annually of

25  progress toward tenure. Each university shall also report on

26  the dissemination of standards for achieving tenure; racial

27  and gender composition of committees reviewing recommendations

28  at each transaction level; and dissemination of guidelines for

29  equitable distribution of assignments.

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

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


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                                          HB 755, Fourth Engrossed



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

  2  hiring and promotional goals and objectives, as specified in

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

  4  Annual budget allocations for positions and funding shall be

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

  6  evaluation shall be submitted to the Chancellor and the Board

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

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

  9  Board of Regents shall annually evaluate the performance of

10  the university presidents in achieving the annual equity and

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

12  such evaluations shall be included as part of the annual

13  equity progress report submitted by the Board of Regents to

14  the Legislature and the State Board of Education.

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

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

17  the House of Representatives, Legislature and the State Board

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

19         (5)  Each university shall develop a budgetary

20  incentive plan to support and ensure attainment of the goals

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

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

23  achievement of goals and the implementation of strategies in a

24  timely manner.  After prior review and approval by the

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

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

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

28  1993, positions that become vacant in the faculty or the

29  administrative and professional pay plans at a university

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

31  allocated by the administration to departments to reward


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                                          HB 755, Fourth Engrossed



  1  department managers for attaining equity goals.  Each

  2  university president shall develop rules regarding the filling

  3  of vacant positions and the transferring of positions into the

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

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

  6  for the university as of the date of the preparation of the

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

  8  provide that the number of positions to be transferred into

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

10  exceed 10 percent of the total number of authorized positions

11  for the department as of the date of the preparation of the

12  initial operating budget for each year.  Subject to available

13  funding, the Legislature shall provide an annual appropriation

14  to be allocated to the department managers in recognition of

15  the attainment of equity goals and objectives.

16         (6)  Relevant components of each university's

17  affirmative action plan may be used to satisfy the

18  requirements of this section.

19         (7)  Subject to available funding, the Legislature

20  shall provide an annual appropriation to the Board of Regents

21  to be allocated to the universities to further enhance equity

22  initiatives and related priorities that support the mission of

23  departments, divisions, or colleges in recognition of the

24  attainment of equity goals and objectives.

25         Section 19.  Section 240.3355, Florida Statutes, is

26  amended to read:

27         240.3355  Community College System employment equity

28  accountability program.--

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

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

31  plan for increasing the representation number of women and


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                                          HB 755, Fourth Engrossed



  1  minorities in senior-level administrative positions and, for

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

  3  ranked faculty positions, and for increasing the

  4  representation number of women and minorities who have

  5  attained continuing-contract status. Positions shall be

  6  defined in the personnel data element directory of the

  7  Division of Community Colleges. The plan must include specific

  8  measurable goals and objectives, specific strategies and

  9  timelines for accomplishing these goals and objectives, and

10  comparable national standards as provided by the Division of

11  Community Colleges a time period for accomplishing these goals

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

13  meeting or exceeding comparable national standards and shall

14  be reviewed and recommended by the State Board of Community

15  Colleges as appropriate.  Such plans shall be maintained until

16  appropriate representation has been achieved and maintained

17  for at least 3 consecutive reporting years.

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

19  college president shall submit an the annual employment

20  accountability plan equity update to the Executive Director of

21  the State Board of Community Colleges.  The accountability

22  plan equity update must show faculty and administrator

23  employment data according to requirements specified on the

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

25  of deans, associates, assistant deans, vice presidents,

26  associate and assistant presidents, provosts, legal counsel,

27  and similar administrative positions which were filled in the

28  previous 12-month period.  Administrative positions include

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

30  academic administration by rule and positions that are defined

31


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                                          HB 755, Fourth Engrossed



  1  as administrative positions under the Community College

  2  System's classification of occupational groupings.

  3         (b)  The plan report must show the following

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

  5         1.  Job classification title.;

  6         2.  Gender.;

  7         3.  Ethnicity.;

  8         4.  Appointment status.;

  9         5.  Salary information.  At each community college,

10  salary information shall also include including the salary

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

12  ranges for employees with comparable experience and

13  qualifications. at which the individual was hired compared to

14  the salary range for the respective position and to other

15  employees in the same job title classification;

16         6.  Other comparative information including, but not

17  limited to, composite information regarding the total number

18  of positions within the particular job title classification

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

20  compared to the number of new hires.;

21         7.  A statement certifying diversity and balance in the

22  gender and ethnic composition of the selection committee for

23  each vacancy, including a brief description of guidelines used

24  for ensuring balanced and diverse membership on selection and

25  review committees.;

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

27  for each vacancy; and

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

29  also include an analysis and an assessment of the community

30  college's attainment accomplishment of annual goals and of

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


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                                          HB 755, Fourth Engrossed



  1  minorities in faculty and senior-level administrative

  2  positions, and a corrective action plan for addressing

  3  underrepresentation.

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

  5  accountability plan report must also include:

  6         1.  The requirements for receiving a continuing

  7  contract.;

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

  9  The gender and ethnic composition of the committees that

10  review continuing-contract status. recommendations;

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

12  apprise each eligible faculty member of progress toward

13  attainment of continuing-contract status. The enhancement of

14  continuing-contract opportunities for women and minority

15  faculty; and

16         4.  Written documentation of feedback on the annual

17  progress towards achievement of continuing-contract status by

18  women and minorities.

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

20  major administrative division shall be evaluated annually on

21  the progress made toward meeting the goals and objectives of

22  the community college's employment accountability equity

23  update plan.

24         (a)  The community college presidents, or the

25  president's designee, shall annually evaluate each department

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

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

28  the results of such evaluations shall be reported annually by

29  the president of the community college to the board of

30  trustees. Annual budget allocations by the board of trustees

31


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                                          HB 755, Fourth Engrossed



  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


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                                          HB 755, Fourth Engrossed



  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


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                                          HB 755, Fourth Engrossed



  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.  (1)  There is created the Leadership Board

24  for Applied Research and Public Service to be staffed by the

25  Institute of Science and Public Affairs at Florida State

26  University. The purpose of the board is to focus, coordinate,

27  and maximize university resources on current issues and events

28  affecting Florida's residents and elected officials. Emphasis

29  shall be placed on being responsive to and providing accurate,

30  timely, useful, and relevant information to decisionmakers in

31  state and local governments. The board shall set forth a


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                                          HB 755, Fourth Engrossed



  1  process to provide comprehensive guidance and advice for

  2  improving the types and quality of services to be delivered by

  3  the State University System. Specifically, the board shall

  4  better identify and define the missions and roles of existing

  5  institutes and centers within the State University System,

  6  work to eliminate duplication and confusion over conflicting

  7  roles and missions, involve more students in learning with

  8  applied research and public service activities, and be

  9  organizationally separate from academic departments. The board

10  shall meet at least quarterly. The board may create internal

11  management councils that may include working institute and

12  center directors. The board is responsible for, but is not

13  limited to:

14         (a)  Providing strategic direction, planning, and

15  accompanying decisions that support a coordinated applied

16  public service and research approach in the state.

17         (b)  Addressing State University System policy matters

18  and making recommendations to the Board of Regents as they

19  relate to applied public service and research.

20         (c)  Serving as a clearinghouse for services requested

21  by public officials.

22         (d)  Providing support for funding and fiscal

23  initiatives involving applied public service and research.

24         (2)  Membership of the board shall be:

25         (a)  The Chancellor of the Board of Regents, who shall

26  serve as chair.

27         (b)  The director of the Office of Planning and

28  Budgeting of the Executive Office of the Governor.

29         (c)  The Secretary of the Department of Management

30  Services.

31         (d)  The Director of Economic and Demographic Research.


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                                          HB 755, Fourth Engrossed



  1         (e)  The Director of the Office of Program Policy

  2  Analysis and Government Accountability.

  3         (f)  The President of the Florida League of Cities.

  4         (g)  The President for the Florida Association of

  5  Counties.

  6         (h)  The President of the Florida School Board

  7  Association.

  8         (i)  Five additional university president members,

  9  designated by the Chancellor, to rotate annually.

10         (3)  The board shall prepare a report for the Board of

11  Regents to be submitted to the Governor and the Legislature by

12  January 1 of each year which summarizes the work and

13  recommendations of the board in meeting its purpose and

14  mission.

15         Section 23.  For the 1998-1999 fiscal year, a recurring

16  sum of $450,000 is appropriated from the General Revenue Fund

17  to the Leadership Board for Applied Research and Public

18  Service.

19         Section 24.  For the 1998-1999 fiscal year, $200,000 is

20  appropriated from the General Revenue Fund to the State Agency

21  Dispute Resolution Demonstration Project at Florida State

22  University.

23         Section 25.  This act shall take effect July 1, 1998.

24

25

26

27

28

29

30

31


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