House Bill 1933

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    Florida House of Representatives - 1999                HB 1933

        By the Committee on Colleges & Universities and
    Representatives Casey, J. Miller, Lawson, Bense, Dennis and
    Waters




  1                      A bill to be entitled

  2         An act relating to the State University System;

  3         amending s. 110.1099, F.S.; revising provisions

  4         relating to tuition waivers for state

  5         employees; amending s. 121.35, F.S.; expanding

  6         eligibility for participation in the optional

  7         retirement program for the State University

  8         System; amending s. 240.209, F.S., relating to

  9         the powers and duties of the Board of Regents;

10         revising provisions relating to tuition waivers

11         for employees of the State University System;

12         prohibiting a school, college, or center at a

13         state university from being named for a living

14         person unless approved by the Board of Regents;

15         amending s. 240.2093, F.S.; revising provisions

16         relating to the issuance of bonds by a direct

17         support organization; amending s. 240.2094,

18         F.S.; requiring the Board of Regents to provide

19         the general office of the Board of Regents an

20         approved budget; requiring the general office

21         to develop an annual operating budget;

22         requiring the transfer of funds to the general

23         office upon request of the Board of Regents;

24         amending s. 240.2111, F.S.; deleting the

25         requirement that the Board of Regents and

26         universities promulgate rules regarding

27         employee recognition programs; requiring each

28         university to establish an employee recognition

29         program; amending s. 240.227, F.S.; providing a

30         definition of "continuing contract" for

31         purposes of a university president's

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  1         contracting authority; amending s. 240.233,

  2         F.S., relating to university admissions;

  3         providing for the recalculation of high school

  4         grade point average upon request; amending s.

  5         240.271, F.S., relating to State University

  6         System funding; providing requirements for

  7         funds generated by students using an employee

  8         fee waiver; amending s. 240.272, F.S.; revising

  9         provisions relating to the carryforward of

10         unexpended funds; amending s. 240.289, F.S.;

11         modifying provisions relating to the use of

12         credit cards and debit cards in the university

13         system; amending s. 240.299, F.S.; modifying

14         provisions relating to the financing, design

15         and construction, lease, lease purchase,

16         purchase, or operation of facilities by direct

17         support organizations; repealing s. 240.5335,

18         F.S., relating to the Women's Athletic Trust

19         Fund; amending s. 413.613, F.S., relating to

20         the Brain and Spinal Cord Injury Rehabilitation

21         Trust Fund; revising requirements relating to

22         program review; amending s. 471.005, F.S.;

23         revising the definition of "engineering";

24         providing an effective date.

25

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

27

28         Section 1.  Subsection (1) of section 110.1099, Florida

29  Statutes, 1998 Supplement, is amended, subsections (2) through

30  (5) of said section are renumbered as subsections (3) through

31  (6), respectively, and a new subsection (2) is added, to read:

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  1         110.1099  Education and training opportunities for

  2  state employees.--

  3         (1)  Education and training are an integral component

  4  in improving the delivery of services to the public.

  5  Recognizing that the application of productivity-enhancing

  6  technology and practice demand continuous educational and

  7  training opportunities, state employees may be authorized to

  8  receive fundable tuition waivers on a space-available basis or

  9  vouchers to attend work-related courses at public

10  universities. Student credit hours generated by state employee

11  fee waivers shall be fundable credit hours.

12         (2)  Pursuant to provisions of the General

13  Appropriations Act and the negotiated collective bargaining

14  agreements between the Governor and the respective bargaining

15  units, state agencies are authorized to issue waivers to

16  full-time employees to permit such employees to enroll for up

17  to 6 credit hours of tuition-free courses per term at a state

18  university on a space-available basis.

19         Section 2.  Paragraph (a) of subsection (2) of section

20  121.35, Florida Statutes, 1998 Supplement, is amended to read:

21         121.35  Optional retirement program for the State

22  University System.--

23         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

24  PROGRAM.--

25         (a)  Participation in the optional retirement program

26  provided by this section shall be limited to persons who are

27  otherwise eligible for membership in the Florida Retirement

28  System; who are employed or appointed for no less than one

29  academic year; and who are employed in one of the following

30  State University System positions:

31

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  1         1.  Positions classified as instructional and research

  2  faculty which are exempt from the career service under the

  3  provisions of s. 110.205(2)(d).

  4         2.  Positions classified as administrative and

  5  professional which are exempt from the career service under

  6  the provisions of s. 110.205(2)(d), provided that only those

  7  positions that are included in the State University System

  8  Executive Service, or those which the division determines meet

  9  the following criteria, shall be eligible to participate:  The

10  duties and responsibilities of the position shall include

11  either the formulation, interpretation, or implementation of

12  academic policies, or the performance of functions which are

13  unique or specialized within higher education and which

14  frequently involve the support of the academic mission of the

15  university; and recruiting to fill vacancies in the position

16  shall be conducted within the national or regional market.

17  The employer shall submit an application, including a

18  certification that the position meets the criteria for

19  eligibility, to the division for each administrative and

20  professional position not in the Executive Service for which

21  it seeks eligibility for the optional retirement program.

22         3.  The Chancellor and the university presidents.

23         Section 3.  Subsection (7) of section 240.209, Florida

24  Statutes, 1998 Supplement, is amended, and subsection (10) is

25  added to said section, to read:

26         240.209  Board of Regents; powers and duties.--

27         (7)  Pursuant to provisions of the General

28  Appropriations Act and negotiated collective bargaining

29  agreements, the Board of Regents is authorized to permit

30  full-time State University System employees who meet academic

31  requirements to enroll for up to 6 credit hours of

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  1  tuition-free courses per term at a state university on a

  2  space-available basis.

  3         (10)  No school, college, or center at a state

  4  university shall be named for a living person unless approved

  5  by the Board of Regents.

  6         Section 4.  Subsection (2) of section 240.2093, Florida

  7  Statutes, is amended to read:

  8         240.2093  Board of Regents; issuance of bonds pursuant

  9  to s. 11(e), Art. VII, State Constitution.--

10         (2)  The Board of Regents may approve the issuance of

11  revenue bonds or other forms of indebtedness by a

12  direct-support organization when such revenue bonds or other

13  forms of indebtedness are used to finance or refinance capital

14  projects which are to provide facilities necessary and

15  desirable to serve the needs and purposes of the university,

16  as determined by the systemwide strategic plan adopted by the

17  Board of Regents, and, when operating funds or funds to

18  purchase the facility will be requested from the state, the

19  Legislature has approved the project. Approval of such bonds

20  shall be subject to the provisions of s. 243.151 the project

21  has been approved by the Legislature.

22         Section 5.  Subsections (1) and (2) of section

23  240.2094, Florida Statutes, are amended to read:

24         240.2094  State University System management

25  flexibility.--

26         (1)  Notwithstanding the provisions of ss. 216.031,

27  216.181, 216.262, and 240.271 to the contrary and pursuant to

28  the provisions of s. 216.351, but subject to any guidelines

29  imposed in the General Appropriations Act, funds for the

30  operation of the State University System shall be requested

31  and appropriated within budget entities, program components,

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  1  program categories, lump sums, or special categories. Funds

  2  appropriated to the State University System for each program

  3  category, lump sum, or special category may be transferred to

  4  traditional categories for expenditure by the Board of

  5  Regents. The Board of Regents shall provide each university

  6  and the general office of the Board of Regents an approved

  7  budget based upon the appropriations act, and the universities

  8  and the general office shall develop an annual operating

  9  budget that allocates funds by program component and

10  traditional expenditure category.

11         (2)  Notwithstanding the provisions of s. 216.181 and

12  pursuant to the provisions of s. 216.351, but subject to any

13  requirements imposed in the General Appropriations Act, no

14  lump-sum plan is required to implement the special categories,

15  program categories, or lump-sum appropriations.  Upon release

16  of the special categories, program categories, or lump-sum

17  appropriations to the Board of Regents, the Comptroller, upon

18  the request of the Board of Regents, shall transfer or

19  reallocate funds to or among accounts established for each

20  university and the general office of the Board of Regents

21  within each budget entity, for disbursement purposes.  The

22  Board of Regents shall maintain records to account for the

23  original appropriation.

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

25  240.2111, Florida Statutes, is amended to read:

26         240.2111  Employee recognition program.--

27         (1)(a)  Notwithstanding the provisions of s. 110.1245,

28  the Board of Regents and each university shall establish

29  promulgate rules for an employee recognition program which

30  provides for the following components:

31

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  1         1.  A superior accomplishment component to recognize

  2  employees who have contributed outstanding and meritorious

  3  service in their fields, including those who have made

  4  exceptional contributions to efficiency, economy, or other

  5  improvement in State University System operations.  No cash

  6  award under the superior accomplishment component of the

  7  program shall exceed $1,000, excluding applicable taxes.

  8         2.  A satisfactory service component to recognize

  9  employees who have achieved increments of 5 continuous years

10  of satisfactory service to the Board of Regents, university,

11  or state in appreciation and recognition of such service.  No

12  cash award granted under the satisfactory service component

13  shall exceed $50, excluding applicable taxes.

14         Section 7.  Subsection (12) of section 240.227, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         240.227  University presidents; powers and duties.--The

17  president is the chief administrative officer of the

18  university and is responsible for the operation and

19  administration of the university.  Each university president

20  shall:

21         (12)  Approve and execute contracts for the acquisition

22  of commodities, goods, equipment, services, leases of real and

23  personal property, and construction to be rendered to or by

24  the university, provided such contracts are made pursuant to

25  rules of the Board of Regents, are for the implementation of

26  approved programs of the university, and do not require

27  expenditures in excess of $1 million. The acquisition may be

28  made by installment or lease-purchase contract.  Such

29  contracts may provide for the payment of interest on the

30  unpaid portion of the purchase price. Notwithstanding any

31  other provisions of this subsection, university presidents

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

  2  procurement of professional services and may approve and

  3  execute all contracts for planning, construction, and

  4  equipment for projects with building programs and construction

  5  budgets approved by the Board of Regents. For the purposes of

  6  a university president's contracting authority, a "continuing

  7  contract" shall be a contract for professional services under

  8  the provisions of s. 287.055 for projects for which the

  9  construction costs do not exceed $1 million or for study

10  activity for which the fee does not exceed $100,000.

11         Section 8.  Subsection (8) is added to section 240.233,

12  Florida Statutes, 1998 Supplement, to read:

13         240.233  Universities; admissions of students.--Each

14  university shall govern admissions of students, subject to

15  this section and rules of the Board of Regents.

16         (8)  A Florida resident who is denied admission as an

17  undergraduate to a state university for failure to meet the

18  high school grade point average requirement may appeal the

19  decision to the university and request a recalculation of the

20  grade point average to include the grades earned in up to

21  three credits of advanced fine arts courses. The university

22  shall provide the student a description of the appeals process

23  upon notification of the admissions decision. The university

24  shall recalculate the student's grade point average using the

25  additional courses and advise the student of any change in the

26  student's admission status. For purposes of this section, fine

27  arts courses include courses in music, drama, painting,

28  sculpture, speech, and debate, or a course in any art form

29  that requires manual dexterity. "Advanced level fine arts

30  courses" include fine arts courses identified in the course

31  code directory as Advanced Placement, pre-International

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  1  Baccalaureate or International Baccalaureate, and fine arts

  2  courses taken in the third or fourth year of a fine arts

  3  curriculum.

  4         Section 9.  Subsection (7) is added to section 240.271,

  5  Florida Statutes, to read:

  6         240.271  State University System; funding.--

  7         (7)  Student credit hours generated by a student using

  8  an employee fee waiver issued pursuant to the provisions of s.

  9  110.1099 or s. 240.209 shall be funded as provided in the

10  General Appropriations Act.

11         Section 10.  Section 240.272, Florida Statutes, is

12  amended to read:

13         240.272  Carryforward of unexpended

14  funds.--Notwithstanding the provisions of s. 216.301 to the

15  contrary, the Executive Office of the Governor shall, on July

16  1 of each year, certify forward all unexpended funds

17  appropriated or provided pursuant to s. 240.209 or s. 240.271

18  for the State University System. Any unexpended funds in the

19  current year operating budget, including unexpended student

20  fee revenues, shall be carried forward by the Board of Regents

21  for use by the university and the general office of the Board

22  of Regents to which the funds were allocated. Of the

23  unexpended funds certified forward, any unencumbered amounts

24  may be transferred to university carryforward accounts on

25  September 1 of each year. Any certified forward funds

26  remaining undisbursed on December 31 of each year shall be

27  transferred to university carryforward accounts.

28         (1)  Such carryforward shall not exceed 5 percent of

29  the total operating budget of the university or the general

30  office. Funds carried forward pursuant to this section shall

31  be expended for building an escrow account for major equipment

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  1  purchases; for scientific, technical, or other equipment; for

  2  matching challenge grant programs; for library resources; for

  3  minor repairs, renovations, or maintenance; for major studies

  4  or planning processes; for maintaining access to course

  5  offerings in the event of a revenue shortfall; or for

  6  expanding access to course offerings, as approved by the Board

  7  of Regents.

  8         (2)  No university or the general office shall be

  9  penalized in the allocation of subsequent funds as a result of

10  the carryforward of an unexpended balance.

11         Section 11.  Section 240.289, Florida Statutes, is

12  amended to read:

13         240.289  Credit card, charge card, and debit card use

14  in university system; authority.--

15         (1)  The several universities in the State University

16  System are authorized, pursuant to s. 215.322, to enter into

17  agreements and accept credit card, charge card, or debit card

18  payments as compensation for goods, services, tuition, and

19  fees in accordance with rules established by the Board of

20  Regents.

21         (2)  In addition to the provisions of subsection (1),

22  the several universities are also authorized to accept credit

23  cards or debit cards, or both, for the payment of tuition and

24  fees without the imposition of a convenience fee for such card

25  services. The cost incurred by the several universities in

26  acceptance of credit cards and debit cards is authorized to be

27  absorbed by the universities as a cost of conducting business.

28  The universities may utilize any source of nonappropriated

29  funds to cover the costs of acceptance of such credit cards or

30  debit cards. Universities are further authorized to negotiate

31  credit card and debit card contracts with financial

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  1  institutions whereby a compensating balance may be placed on

  2  deposit with the financial institution to cover the costs of

  3  acceptance of credit cards and debit cards. The several

  4  universities are authorized to accept credit card and debit

  5  card payments at any location at which collections are

  6  transacted for the compensation of goods, services, tuition,

  7  and fees, either in person or by electronic means.

  8         Section 12.  Subsection (5) of section 240.299, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         240.299  Direct-support organizations; use of property;

11  board of directors; audit; facilities.--

12         (5)  FACILITIES.--In addition to issuance of bonds

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

14  organization is authorized to enter into agreements to

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

16  purchase, or operate facilities necessary and desirable to

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

18  by the systemwide strategic plan adopted by the Board of

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

20  Regents and, when operating funds or funds to purchase the

21  facility will be requested from the state, approval of the

22  project by the Legislature. Such agreements are subject to the

23  provisions of s. 243.151.

24         Section 13.  Section 240.5335, Florida Statutes, is

25  repealed.

26         Section 14.  Subsection (4) of section 413.613, Florida

27  Statutes, is amended to read:

28         413.613  Brain and Spinal Cord Injury Rehabilitation

29  Trust Fund.--

30         (4)  The Board of Regents shall establish a program

31  administration review process and may allocate up to $10,000

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  1  of such funds for an overall program review which shall would

  2  include: an annual a prospective program plan with goals,

  3  research design, and proposed outcomes, a proposed budget, and

  4  an annual report of research activities and findings, and an

  5  annual end-of-year financial statement. Prospective program

  6  plans shall be submitted to the Board of Regents, and funds

  7  shall be released upon acceptance of the proposed program

  8  plans. The annual report of research activities and findings

  9  shall be submitted to the Board of Regents, with the executive

10  summaries submitted to the President of the Senate, the

11  Speaker of the House of Representatives, and the secretary of

12  the Department of Labor and Employment Security.

13         Section 15.  Subsection (6) of section 471.005, Florida

14  Statutes, is amended to read:

15         471.005  Definitions.--As used in ss. 471.001-471.037,

16  the term:

17         (6)  "Engineering" includes the term "professional

18  engineering" and means any service or creative work, the

19  adequate performance of which requires engineering education,

20  training, and experience in the application of special

21  knowledge of the mathematical, physical, and engineering

22  sciences to such services or creative work as consultation,

23  investigation, evaluation, planning, and design of engineering

24  works and systems, planning the use of land and water,

25  teaching of the principles and methods of engineering design,

26  engineering surveys, and the inspection of construction for

27  the purpose of determining in general if the work is

28  proceeding in compliance with drawings and specifications, any

29  of which embraces such services or work, either public or

30  private, in connection with any utilities, structures,

31  buildings, machines, equipment, processes, work systems,

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  1  projects, and industrial or consumer products or equipment of

  2  a mechanical, electrical, hydraulic, pneumatic, or thermal

  3  nature, insofar as they involve safeguarding life, health, or

  4  property; and includes such other professional services as may

  5  be necessary to the planning, progress, and completion of any

  6  engineering services.  A person who practices any branch of

  7  engineering; who, by verbal claim, sign, advertisement,

  8  letterhead, or card, or in any other way, represents himself

  9  or herself to be an engineer or, through the use of some other

10  title, implies that he or she is an engineer or that he or she

11  is registered under ss. 471.001-471.037; or who holds himself

12  or herself out as able to perform, or does perform, any

13  engineering service or work or any other service designated by

14  the practitioner which is recognized as engineering shall be

15  construed to practice or offer to practice engineering within

16  the meaning and intent of ss. 471.001-471.037.

17         Section 16.  This act shall take effect July 1, 1999.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to tuition waivers for state
  4    employees. Expands eligibility for participation in the
      optional retirement program for the State University
  5    System. Revises provisions relating to tuition waivers
      for employees of the State University System. Prohibits a
  6    school, college, or center at a state university from
      being named for a living person unless approved by the
  7    Board of Regents. Revises provisions relating to the
      issuance of bonds by a university direct support
  8    organization. Requires the Board of Regents to provide
      the general office of the Board of Regents an approved
  9    budget. Requires the general office to develop an annual
      operating budget. Requires the transfer of funds to the
10    general office upon request of the Board of Regents.
      Deletes the requirement that the Board of Regents and
11    universities promulgate rules regarding employee
      recognition programs. Requires each university to
12    establish an employee recognition program. Provides a
      definition of "continuing contract" for purposes of a
13    university president's contracting authority. Provides
      for the recalculation of high school grade point average
14    upon request. Provides requirements for funds generated
      by students using an employee fee waiver. Revises
15    provisions relating to the carryforward of unexpended
      funds. Modifies provisions relating to university system
16    use of credit cards and debit cards. Modifies provisions
      relating to the financing, design and construction,
17    lease, lease purchase, purchase, or operation of
      facilities by university direct support organizations.
18    Repeals provisions relating to the Women's Athletic Trust
      Fund. Revises requirements relating to brain and spinal
19    cord injury rehabilitation program review. Revises the
      definition of "engineering."
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