Senate Bill 1924c1
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Florida Senate - 1999 CS for SB 1924
By the Committee on Governmental Oversight and Productivity;
and Senators Grant, Dyer, Laurent, Holzendorf and Horne
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1 A bill to be entitled
2 An act relating to the State University System;
3 amending s. 121.35, F.S.; revising eligibility
4 for participation in the optional retirement
5 program for the system; amending ss. 239.117,
6 240.235, 240.35, F.S.; providing a fee
7 exemption for certain postsecondary students;
8 amending s. 240.2093, F.S.; providing a
9 restriction on the issuance of bonds by a
10 direct-support organization; amending s.
11 240.227, F.S.; defining the term "continuing
12 contract" for purposes of a university
13 president's contracting authority; amending s.
14 240.233, F.S.; providing for the recalculation
15 of grade-point averages; amending s. 240.289,
16 F.S.; authorizing institutions in the system to
17 accept credit cards and debit cards;
18 authorizing those institutions to absorb the
19 costs of using such cards; amending s. 240.299,
20 F.S.; providing a restriction on financing
21 agreements by direct-support organizations;
22 amending s. 243.19, F.S.; providing findings
23 for institutions for higher education; amending
24 s. 243.20, F.S.; redefining the terms "project"
25 and "cost"; defining the term "loan in
26 anticipation of tuition revenues"; amending s.
27 243.22, F.S.; authorizing loans in anticipation
28 of tuition revenues; amending s. 378.101, F.S.;
29 revising financial restrictions on the Florida
30 Institute of Phosphate Research and the
31 Phosphate Research Trust Fund; amending s.
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1 381.0403, F.S.; transferring the program of
2 statewide medical education from the Board of
3 Regents to the Department of Health; amending
4 s. 413.613, F.S.; requiring reports by
5 institutions receiving funds from the Brain and
6 Spinal Cord Injury Rehabilitation Trust Fund;
7 repealing provisions relating to the program
8 review process; amending s. 471.005, F.S.;
9 redefining the term "engineering"; repealing s.
10 240.5335, F.S., relating to the Women's
11 Athletics Trust Fund; providing an effective
12 date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (a) of subsection (2) of section
17 121.35, Florida Statutes, 1998 Supplement, is amended to read:
18 121.35 Optional retirement program for the State
19 University System.--
20 (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL
21 PROGRAM.--
22 (a) Participation in the optional retirement program
23 provided by this section shall be limited to persons who are
24 otherwise eligible for membership in the Florida Retirement
25 System; who are employed or appointed for no less than one
26 academic year; and who are employed in one of the following
27 State University System positions:
28 1. Positions classified as instructional and research
29 faculty which are exempt from the career service under the
30 provisions of s. 110.205(2)(d).
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1 2. Positions classified as administrative and
2 professional which are exempt from the career service under
3 the provisions of s. 110.205(2)(d)., provided that only those
4 positions that are included in the State University System
5 Executive Service, or those which the division determines meet
6 the following criteria, shall be eligible to participate: The
7 duties and responsibilities of the position shall include
8 either the formulation, interpretation, or implementation of
9 academic policies, or the performance of functions which are
10 unique or specialized within higher education and which
11 frequently involve the support of the academic mission of the
12 university; and recruiting to fill vacancies in the position
13 shall be conducted within the national or regional market.
14 The employer shall submit an application, including a
15 certification that the position meets the criteria for
16 eligibility, to the division for each administrative and
17 professional position not in the Executive Service for which
18 it seeks eligibility for the optional retirement program.
19 3. The Chancellor and the university presidents.
20 Section 2. Paragraph (c) of subsection (4) of section
21 239.117, Florida Statutes, 1998 Supplement, is amended to
22 read:
23 239.117 Postsecondary student fees.--
24 (4) The following students are exempt from the payment
25 of registration, matriculation, and laboratory fees:
26 (c) A student for whom the state is paying a foster
27 care board payment pursuant to s. 409.145(3) or pursuant to
28 parts II and III of chapter 39, for whom the permanency
29 planning goal pursuant to part III of chapter 39 is long-term
30 foster care or independent living, or who is adopted from the
31 Department of Children and Family Services after May 5
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1 December 31, 1997. Such exemption includes fees associated
2 with enrollment in vocational-preparatory instruction and
3 completion of the college-level communication and computation
4 skills testing program. Such exemption shall be available to
5 any student adopted from the Department of Children and Family
6 Services after May 5 December 31, 1997; however, the exemption
7 shall be valid for no more than 4 years after the date of
8 graduation from high school.
9 Section 3. Paragraph (a) of subsection (5) of section
10 240.235, Florida Statutes, 1998 Supplement, is amended to
11 read:
12 240.235 Fees.--
13 (5)(a) Any student for whom the state is paying a
14 foster care board payment pursuant to s. 409.145(3) or parts
15 II and III of chapter 39, for whom the permanency planning
16 goal pursuant to part III of chapter 39 is long-term foster
17 care or independent living, or who is adopted from the
18 Department of Children and Family Services after May 5
19 December 31, 1997, shall be exempt from the payment of all
20 undergraduate fees, including fees associated with enrollment
21 in college-preparatory instruction or completion of
22 college-level communication and computation skills testing
23 programs. Before a fee exemption can be given, the student
24 shall have applied for and been denied financial aid, pursuant
25 to s. 240.404, which would have provided, at a minimum,
26 payment of all undergraduate fees. Such exemption shall be
27 available to any student adopted from the Department of
28 Children and Family Services after May 5 December 31, 1997;
29 however, the exemption shall be valid for no more than 4 years
30 after the date of graduation from high school.
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1 Section 4. Paragraph (a) of subsection (2) of section
2 240.35, Florida Statutes, 1998 Supplement, is amended to read:
3 240.35 Student fees.--Unless otherwise provided, the
4 provisions of this section apply only to fees charged for
5 college credit instruction leading to an associate in arts
6 degree, an associate in applied science degree, or an
7 associate in science degree and noncollege credit
8 college-preparatory courses defined in s. 239.105.
9 (2)(a) Any student for whom the state is paying a
10 foster care board payment pursuant to s. 409.145(3) or parts
11 II and III of chapter 39, for whom the permanency planning
12 goal pursuant to part III of chapter 39 is long-term foster
13 care or independent living, or who is adopted from the
14 Department of Children and Family Services after May 5
15 December 31, 1997, shall be exempt from the payment of all
16 undergraduate fees, including fees associated with enrollment
17 in college-preparatory instruction or completion of the
18 college-level communication and computation skills testing
19 program. Before a fee exemption can be given, the student
20 shall have applied for and been denied financial aid, pursuant
21 to s. 240.404, which would have provided, at a minimum,
22 payment of all student fees. Such exemption shall be available
23 to any student adopted from the Department of Children and
24 Family Services after December 31, 1997; however, the
25 exemption shall be valid for no more than 4 years after the
26 date of graduation from high school.
27 Section 5. Subsection (2) of section 240.2093, Florida
28 Statutes, is amended to read:
29 240.2093 Board of Regents; issuance of bonds pursuant
30 to s. 11(e), Art. VII, State Constitution.--
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1 (2) The Board of Regents may approve the issuance of
2 revenue bonds or other forms of indebtedness by a
3 direct-support organization when such revenue bonds or other
4 forms of indebtedness are used to finance or refinance capital
5 projects which are to provide facilities necessary and
6 desirable to serve the needs and purposes of the university,
7 as determined by the systemwide strategic plan adopted by the
8 Board of Regents, and, when the state will be asked for
9 operating funds or funds to purchase the facility, upon
10 approval of the project when the project has been approved by
11 the Legislature. Approval of such bonds is subject to s.
12 243.151.
13 Section 6. Subsection (12) of section 240.227, Florida
14 Statutes, 1998 Supplement, is amended to read:
15 240.227 University presidents; powers and duties.--The
16 president is the chief administrative officer of the
17 university and is responsible for the operation and
18 administration of the university. Each university president
19 shall:
20 (12) Approve and execute contracts for the acquisition
21 of commodities, goods, equipment, services, leases of real and
22 personal property, and construction to be rendered to or by
23 the university, provided such contracts are made pursuant to
24 rules of the Board of Regents, are for the implementation of
25 approved programs of the university, and do not require
26 expenditures in excess of $1 million. The acquisition may be
27 made by installment or lease-purchase contract. Such
28 contracts may provide for the payment of interest on the
29 unpaid portion of the purchase price. Notwithstanding any
30 other provisions of this subsection, university presidents
31 shall comply with the provisions of s. 287.055 for the
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1 procurement of professional services and may approve and
2 execute all contracts for planning, construction, and
3 equipment for projects with building programs and construction
4 budgets approved by the Board of Regents. For the purposes of
5 a university president's contracting authority, a "continuing
6 contract" for professional services under the provisions of s.
7 287.055 is one in which construction costs do not exceed $1
8 million or the fee for study activity does not exceed
9 $100,000.
10 Section 7. Subsection (8) is added to section 240.233,
11 Florida Statutes, 1998 Supplement, to read:
12 240.233 Universities; admissions of students.--Each
13 university shall govern admissions of students, subject to
14 this section and rules of the Board of Regents.
15 (8) A Florida resident who is denied admission as an
16 undergraduate to a state university for failure to meet the
17 high school grade-point-average requirement may appeal the
18 decision to the university and request a recalculation of the
19 grade point average including in the revised calculation the
20 grades earned in up to three credits of advanced fine arts
21 courses. The university shall provide the student with a
22 description of the appeals process at the same time as
23 notification of the admissions decision. The university shall
24 recalculate the student's grade point average using the
25 additional courses and advise the student of any changes in
26 the student's admission status. For purposes of this section,
27 fine arts courses include courses in music, drama, painting,
28 sculpture, speech, debate, or a course in any art form that
29 requires manual dexterity. Advanced level fine arts courses
30 include fine arts courses identified in the course code
31 directory as Advanced Placement, pre-International
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1 Baccalaureate, or International Baccalaureate, or fine arts
2 courses taken in the third of fourth year of a fine arts
3 curriculum.
4 Section 8. Section 240.289, Florida Statutes, is
5 amended to read:
6 240.289 Credit card, charge card, and debit card use
7 in university system; authority.--
8 (1) The several universities in the State University
9 System are authorized, pursuant to s. 215.322, to enter into
10 agreements and accept credit card, charge card, or debit card
11 payments as compensation for goods, services, tuition, and
12 fees in accordance with rules established by the Board of
13 Regents.
14 (2) In addition, the several universities are also
15 authorized to accept credit cards and debit cards for the
16 payment of tuition and fees without the imposition of a
17 convenience fee for such card services. The costs incurred by
18 the several universities in accepting credit cards and debit
19 cards may be absorbed by the universities as a cost of doing
20 business. The universities may use any source of
21 nonappropriated funds to cover the costs of accepting such
22 cards. Universities also may negotiate credit card contracts
23 and debit card contracts with financial institutions whereby a
24 compensating balance may be placed on deposit with the
25 financial institutions to cover the costs of accepting credit
26 cards and debit cards. The several universities may accept
27 credit card or debit card payments at any location where
28 compensation is received for goods, services, tuition, or
29 fees, whether the payor makes payment in person or by
30 electronic means.
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1 Section 9. Subsection (5) of section 240.299, Florida
2 Statutes, 1998 Supplement, is amended to read:
3 240.299 Direct-support organizations; use of property;
4 board of directors; audit; facilities.--
5 (5) FACILITIES.--In addition to issuance of bonds
6 indebtedness pursuant to s. 240.2093(2), each direct-support
7 organization is authorized to enter into agreements to
8 finance, design and construct, lease, lease-purchase,
9 purchase, or operate facilities necessary and desirable to
10 serve the needs and purposes of the university, as determined
11 by the systemwide strategic plan adopted by the Board of
12 Regents, upon approval of such agreements by the Board of
13 Regents and, when the state will be asked for operating funds
14 or funds to purchase the facility, approval of the project by
15 the Legislature. Such agreements are subject to the provisions
16 of s. 243.151.
17 Section 10. Paragraph (i) of subsection (1) and
18 paragraph (f) of subsection (3) of section 378.101, Florida
19 Statutes, are amended to read:
20 378.101 Florida Institute of Phosphate Research.--
21 (1) There is created a Florida Institute of Phosphate
22 Research, which is empowered:
23 (i) To administer the Phosphate Research Trust Fund
24 and to expend funds therefrom for its administration and for
25 carrying out the purposes set forth in this section. The
26 Phosphate Research Trust Fund shall not be subject to the
27 service charge imposed pursuant to chapter 215.
28 (2) The institute may develop work products relating
29 to research which is subject to trademark, copyright, or
30 patent protection. Notwithstanding any law to the contrary,
31 the institute may:
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1 (f) Do all acts necessary to exercise its powers and
2 perform its duties. Any action taken by the institute in
3 securing or exploiting such patents, copyrights, or trademarks
4 shall, within 30 days, be reported in writing to the
5 Department of State. Any proceeds received by the institute
6 under this subsection shall be deposited in an established
7 account of the not-for-profit foundation of the State
8 University System institution with administrative
9 responsibility for the institute the Phosphate Research Trust
10 Fund for use consistent with as provided by law and the
11 mission of the institute.
12 Section 11. Section 243.19, Florida Statutes, is
13 amended to read:
14 243.19 Findings and declaration of necessity.--It is
15 declared that for the benefit of the people of the state, the
16 increase of their commerce, welfare, and prosperity, and the
17 improvement of their health and living conditions, it is
18 essential that this and future generations of youth be given
19 the fullest opportunity to learn and to develop their
20 intellectual and mental capacities; that it is essential that
21 institutions for higher education within each county in the
22 state be provided with appropriate additional means to assist
23 such youth in achieving the required levels of learning and
24 development of their intellectual and mental capacities; and
25 that it is the purpose of this part to provide a measure of
26 assistance and an alternate method to enable institutions of
27 higher education in each county of this state to provide the
28 facilities and structures which are sorely needed to
29 accomplish the purposes of this part; and that it is essential
30 to provide additional assistance to institutions for higher
31 education by enabling those institutions to coordinate their
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1 budgetary needs with the timing of receipt of tuition revenues
2 in a manner similar to programs authorized for school
3 districts within the state. The necessity in the public
4 interest of the provisions hereinafter enacted is hereby
5 declared as a matter of legislative determination.
6 Section 12. Subsections (5) and (6) of section 243.20,
7 Florida Statutes, are amended and subsection (10) is added to
8 that section to read:
9 243.20 Definitions.--The following terms, wherever
10 used or referred to in this part shall have the following
11 respective meanings, unless a different meaning clearly
12 appears from the context:
13 (5) "Project" means a structure suitable for use as a
14 dormitory or other housing facility, dining hall, student
15 union, administration building, academic building, library,
16 laboratory, research facility, classroom, athletic facility,
17 health care facility, and maintenance, storage, or utility
18 facility, and other structures or facilities related thereto,
19 or required thereto, or required or useful for the instruction
20 of students, or the conducting of research, or the operation
21 of an institution for higher education, including parking and
22 other facilities or structures, essential or convenient for
23 the orderly conduct of such institution for higher education
24 and shall also include equipment and machinery and other
25 similar items necessary or convenient for the operation of a
26 particular facility or structure in the manner for which its
27 use is intended but shall not include such items as books,
28 fuel, supplies or other items which are customarily deemed to
29 result in a current operating charge. The term also includes a
30 loan anticipation of tuition revenues by an institution for
31 higher education.
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1 (6) "Cost," as applied to a project or any portion
2 thereof financed under the provisions of this part, embraces
3 all or any part of the cost of construction and acquisition of
4 all lands, structures, real or personal property, rights,
5 rights-of-way, franchises, easements and interests acquired or
6 used for a project, the cost of demolishing or removing any
7 buildings or structures on land so acquired, including the
8 cost of acquiring any lands to which such buildings or
9 structures may be removed, the cost of all machinery and
10 equipment, financing charges, interest prior to, during and
11 for a period of 30 months after completion of such
12 construction, provisions for working capital, reserves for
13 principal and interest and for extensions, enlargements,
14 additions and improvements, cost of engineering, financial and
15 legal services, plans, specifications, studies, surveys,
16 estimates of cost and of revenues, administrative expenses,
17 expenses necessary or incident to determining the feasibility
18 or practicability of constructing the project and such other
19 expenses as may be necessary or incident to the construction
20 and acquisition of the project, the financing of such
21 construction and acquisition and the placing of the project in
22 operation. In the case of a loan in anticipation of tuition
23 revenues, the term "cost" means the amount of the loan in
24 anticipation of revenues which does not exceed the amount of
25 tuition revenues anticipated to be received by the borrowing
26 institutions for higher education in the 1-year period
27 following the date of the loan, plus costs related to the
28 issuance of the loans, or bonds, the proceeds of which fund
29 the loans, and any related cost of debt service reserve funds
30 associated therewith.
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1 (10) "Loan in anticipation of tuition revenues" means
2 a loan to an institution for higher education under
3 circumstances in which tuition revenues anticipated to be
4 received by the institution in any budget year are estimated
5 to be insufficient at any time during the budget year to pay
6 the operating expenses or other obligations of the institution
7 in accordance with the budget of the institution. The loans
8 are permitted within guidelines adopted by the authority
9 consistent with the provisions for similar loans undertaken by
10 school districts under s. 237.151, excluding provisions
11 applicable to the limitations on borrowings relating to the
12 levy of taxes and the adoption of budgets in accordance with
13 law applicable solely to school districts.
14 Section 13. Subsection (12) of section 243.22, Florida
15 Statutes, is amended to read:
16 243.22 Powers of authority.--The purpose of the
17 authority shall be to assist institutions for higher education
18 in the construction, financing, and refinancing of projects,
19 and for this purpose the authority is authorized and
20 empowered:
21 (12) To make loans to any participating institution
22 for higher education for the cost of a project, including a
23 loan in anticipation of tuition revenues, in accordance with
24 an agreement between the authority and the participating
25 institution for higher education; provided no such loan shall
26 exceed the total cost of the project as determined by the
27 participating institution for higher education and approved by
28 the authority.
29 Section 14. Paragraphs (a) and (b) of subsection (3),
30 subsection (4), paragraph (d) of subsection (5), and
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1 subsection (6) of section 381.0403, Florida Statutes, are
2 amended to read:
3 381.0403 The Community Hospital Education Act.--
4 (3) PROGRAM FOR COMMUNITY HOSPITAL EDUCATION; STATE
5 AND LOCAL PLANNING.--
6 (a) There is established under the Department of
7 Health Board of Regents a program for statewide medical
8 education. It is intended that continuing medical education
9 programs for interns and residents be established on a
10 statewide basis. The program shall provide financial support
11 for interns and residents based on policies recommended and
12 approved by the Community Hospital Education Council, herein
13 established, and the Department of Health Board of Regents.
14 (b) Medical institutions throughout the state may
15 apply to the Community Hospital Education Council for
16 grants-in-aid for financial support of their approved
17 programs. Recommendations for funding of approved programs
18 shall be forwarded to the Department of Health Board of
19 Regents.
20 (4) FAMILY PRACTICE RESIDENCIES.--In addition to the
21 programs established in subsection (3), the Community Hospital
22 Education Council and the Department of Health Board of
23 Regents shall establish an ongoing statewide program of family
24 practice residencies. The administration of this program
25 shall be in the manner described in this section.
26 (5) COUNCIL AND DIRECTOR.--
27 (d) The Secretary of Health Chancellor of the State
28 University System shall designate an administrator to serve as
29 staff director. The council shall elect a chair from among its
30 membership. Such other personnel as may be necessary to carry
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1 out the program shall be employed as authorized by the
2 Department of Health Board of Regents.
3 (6) DEPARTMENT OF HEALTH BOARD OF REGENTS;
4 STANDARDS.--
5 (a) The Department of Health Board of Regents, with
6 recommendations from the council, shall establish standards
7 and policies for the use and expenditure of medical education
8 funds appropriated pursuant to subsection (7) for a program of
9 community hospital education. The board shall establish
10 requirements for hospitals to be qualified for participation
11 in the program which shall include, but not be limited to:
12 1. Submission of an educational plan and a training
13 schedule.
14 2. A determination by the council to ascertain that
15 each portion of the program of the hospital provides a high
16 degree of academic excellence and is accredited by the
17 Accreditation Council for Graduate Medical Education of the
18 American Medical Association or is accredited by the American
19 Osteopathic Association.
20 3. Supervision of the educational program of the
21 hospital by a physician who is not the hospital administrator.
22 (b) The Department of Health Board of Regents shall
23 periodically review the educational program provided by a
24 participating hospital to assure that the program includes a
25 reasonable amount of both formal and practical training and
26 that the formal sessions are presented as scheduled in the
27 plan submitted by each hospital.
28 Section 15. Subsections (3) and (4) of section
29 413.613, Florida Statutes, are amended to read:
30 413.613 Brain and Spinal Cord Injury Rehabilitation
31 Trust Fund.--
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1 (3) Annually, 5 percent of the revenues deposited
2 monthly in the fund pursuant to s. 318.21(2)(d) shall be
3 appropriated to the University of Florida and 5 percent to the
4 University of Miami for spinal cord injury and brain injury
5 research. The amount to be distributed to the universities
6 shall be calculated based on the deposits into the fund for
7 each quarter in the fiscal year, but may not exceed $500,000
8 per university per year. Funds distributed under this
9 subsection shall be made in quarterly payments at the end of
10 each quarter during the fiscal year. Each university receiving
11 funding under this subsection shall produce an annual report
12 of research activities and findings, including an executive
13 summary, which must be submitted to the President of the
14 Senate, the Speaker of the House of Representatives, the
15 Secretary of the Department of Labor and Employment Security,
16 and the Board of Regents by September 1.
17 (4) The Board of Regents shall establish a program
18 review process and may allocate up to $10,000 of such funds
19 for an overall program review which would include: a
20 prospective program plan with goals, research design and
21 proposed outcomes, and an annual report of research activities
22 and findings. Prospective program plans shall be submitted to
23 the Board of Regents, and funds shall be released upon
24 acceptance of the proposed program plans. The annual report of
25 research activities and findings shall be submitted to the
26 Board of Regents, with the executive summaries submitted to
27 the President of the Senate, the Speaker of the House of
28 Representatives, and the secretary of the Department of Labor
29 and Employment Security.
30 Section 16. Subsection (6) of section 471.005, Florida
31 Statutes, is amended to read:
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1 471.005 Definitions.--As used in ss. 471.001-471.037,
2 the term:
3 (6) "Engineering" includes the term "professional
4 engineering" and means any service or creative work, the
5 adequate performance of which requires engineering education,
6 training, and experience in the application of special
7 knowledge of the mathematical, physical, and engineering
8 sciences to such services or creative work as consultation,
9 investigation, evaluation, planning, and design of engineering
10 works and systems, planning the use of land and water,
11 teaching of the principles and methods of engineering design,
12 engineering surveys, and the inspection of construction for
13 the purpose of determining in general if the work is
14 proceeding in compliance with drawings and specifications, any
15 of which embraces such services or work, either public or
16 private, in connection with any utilities, structures,
17 buildings, machines, equipment, processes, work systems,
18 projects, and industrial or consumer products or equipment of
19 a mechanical, electrical, hydraulic, pneumatic, or thermal
20 nature, insofar as they involve safeguarding life, health, or
21 property; and includes such other professional services as may
22 be necessary to the planning, progress, and completion of any
23 engineering services. A person who practices any branch of
24 engineering; who, by verbal claim, sign, advertisement,
25 letterhead, or card, or in any other way, represents himself
26 or herself to be an engineer or, through the use of some other
27 title, implies that he or she is an engineer or that he or she
28 is registered under ss. 471.001-471.037; or who holds himself
29 or herself out as able to perform, or does perform, any
30 engineering service or work or any other service designated by
31 the practitioner which is recognized as engineering shall be
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1 construed to practice or offer to practice engineering within
2 the meaning and intent of ss. 471.001-471.037.
3 Section 17. Section 240.5335, Florida Statutes, is
4 repealed.
5 Section 18. This act shall take effect July 1, 1999.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 SB 1924
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10 Changes the date for eligibility for university fee waivers
for certain persons in the foster care system or who have been
11 adopted from the Department of Children and Family Services.
The date is changed from December 31, 1997 to May 5, 1997.
12
Provides for a limited appeals process for Florida residents
13 who are denied admission as an undergraduate to a state
university for failure to meet the high school grade point
14 average requirement.
15 Defines the term "project" in s. 243.20(5), F.S., to include a
loan in anticipation of tuition revenues by an institution for
16 higher education.
17 Defines the phrase "loan in anticipation of tuition revenues."
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