House Bill 2215

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    Florida House of Representatives - 1999                HB 2215

        By the Committee on Education Appropriations and
    Representative Wise





  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         Education; providing for disposition of

  5         balances in and revenues of such trust funds;

  6         prescribing procedures for the termination of

  7         such trust funds; declaring the findings of the

  8         Legislature that specified trust funds within

  9         the Department of Education are exempt from the

10         termination requirements of s. 19(f), Art. III

11         of the State Constitution; repealing s. 3, ch.

12         95-114, Laws of Florida, and s. 3, ch. 95-115,

13         Laws of Florida, to eliminate future review and

14         termination or re-creation of the Ancillary

15         Facilities Construction Trust Fund and the

16         Education--Contracts, Grants, and Donations

17         Trust Fund; amending s. 11.2423, F.S.;

18         providing that acts declaring trust funds

19         exempt from constitutional termination

20         requirements are not repealed by the adoption

21         of the Florida Statutes; amending ss. 28.101,

22         446.52, 741.01, F.S.; correcting cross

23         references; repealing ss. 236.1229 and

24         236.12295, F.S., relating to the Florida School

25         Improvement and Academic Achievement Trust Fund

26         and grants from the trust fund; amending ss.

27         240.235 and 240.243, F.S.; eliminating

28         reference to the Incidental Trust Fund;

29         revising provisions relating to deposit of

30         revenues from the service charge assessed for

31         payment of university tuition and fees in

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  1         installments and redefining the term "state

  2         funds" for purposes of provisions relating to

  3         the number of classroom teaching hours required

  4         of university faculty members, to conform;

  5         amending s. 240.36, F.S.; revising funding

  6         provisions of the Dr. Philip Benjamin Academic

  7         Improvement Program; amending s. 240.334, F.S.,

  8         to conform; repealing s. 240.3835, F.S.,

  9         relating to the Community College Capital

10         Facilities Matching Trust Fund; amending s.

11         240.383, F.S.; revising funding provisions of

12         the Community College Capital Facilities

13         Matching Program, to conform; repealing s.

14         240.408, F.S., relating to the Challenger

15         Astronauts Memorial Undergraduate Scholarship

16         Trust Fund; amending ss. 229.602 and 240.4082,

17         F.S., relating to the teacher/quest partnership

18         program and the Teacher/Quest Scholarship

19         Program, to conform; providing an effective

20         date.

21

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

23

24         Section 1.  (1)(a)  The following trust funds within

25  the Department of Education are terminated:

26         1.  The Community College Capital Facilities Matching

27  Trust Fund, no FLAIR number.

28         2.  The Florida School Improvement and Academic

29  Achievement Trust Fund, no FLAIR number.

30         3.  The Challenger Astronauts Memorial Undergraduate

31  Scholarship Trust Fund, FLAIR number 48-2-082.

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  1         4.  The Federal Rehabilitation Trust Fund, FLAIR number

  2  48-2-270.

  3         5.  The Dr. Philip Benjamin Academic Improvement Trust

  4  Fund for Community Colleges, FLAIR number 48-2-297.

  5         (b)  The following trust funds within the Department of

  6  Education, Division of Universities, are terminated:

  7         1.  The University of Florida Institute of Food and

  8  Agricultural Sciences Relocation and Construction Trust Fund,

  9  FLAIR number 49-2-025.

10         2.  The Hurricane Andrew Disaster Relief Trust Fund,

11  FLAIR number 49-2-200.

12         3.  The Hurricane Andrew Recovery and Rebuilding Trust

13  Fund, FLAIR number 49-2-205.

14         4.  The University of Florida Institute of Food and

15  Agricultural Sciences Student Fee Trust Fund, FLAIR number

16  49-2-407. The current balance remaining in, and all revenues

17  of, the trust fund shall be transferred to the Education and

18  General Student and Other Fees Trust Fund.

19         5.  The University of Florida Health Center Student Fee

20  Trust Fund, FLAIR number 49-2-409. The current balance

21  remaining in, and all revenues of, the trust fund shall be

22  transferred to the Education and General Student and Other

23  Fees Trust Fund.

24         6.  The University of Florida Health Center Liability

25  Insurance Trust Fund, FLAIR number 49-2-444.

26         7.  The University of South Florida Medical Center

27  Professional Medical Liability Self-Insurance Trust Fund,

28  FLAIR number 49-2-477.

29         8.  The University of Florida Health Center at

30  Jacksonville Liability Insurance Trust Fund, FLAIR number

31  49-2-768.

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  1         (2)  Unless otherwise provided, all current balances

  2  remaining in, and all revenues of, the trust funds terminated

  3  by this section shall be transferred to the General Revenue

  4  Fund.

  5         (3)  For each trust fund terminated by this section,

  6  the agency or branch that administers the trust fund shall pay

  7  any outstanding debts and obligations of the terminated fund

  8  as soon as practicable, and the Comptroller shall close out

  9  and remove the terminated fund from the various state

10  accounting systems using generally accepted accounting

11  principles concerning warrants outstanding, assets, and

12  liabilities.

13         Section 2.  The Legislature finds that the following

14  trust funds are exempt from termination pursuant to Section

15  19(f), Article III of the State Constitution:

16         (1)  Within the Department of Education:

17         (a)  The Construction Trust Fund, Florida School for

18  the Deaf and the Blind, FLAIR number 48-2-137.

19         (b)  The Educational Enhancement Trust Fund, FLAIR

20  number 48-2-178.

21         (c)  The State School Trust Fund, FLAIR number

22  48-2-543.

23         (d)  The Public Education Capital Outlay and Debt

24  Service Trust Fund, FLAIR number 48-2-555.

25         (e)  The School District and Community College District

26  Capital Outlay and Debt Service Trust Fund, FLAIR number

27  48-2-612.

28         (2)  Within the Department of Education, Division of

29  Universities:

30         (a)  The Ancillary Facilities Construction Trust Fund,

31  FLAIR number 49-2-026.

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  1         (b)  The Division of Universities Building Fee Trust

  2  Fund, FLAIR number 49-2-064.

  3         (c)  The Division of Universities Capital Improvement

  4  Fee Trust Fund, FLAIR number 49-2-071.

  5         (d)  The State University System Construction Trust

  6  Fund, FLAIR number 49-2-137.

  7         (e)  The Education--Contracts, Grants, and Donations

  8  Trust Fund, FLAIR number 49-2-153.

  9         (f)  The Educational Enhancement Trust Fund, FLAIR

10  number 49-2-178.

11         (g)  The Engineering Industrial Experimental Station

12  Trust Fund, FLAIR number 49-2-186.

13         (h)  The Auxiliary General Trust Fund, FLAIR number

14  49-2-330.

15         (i)  The State University System Law Enforcement Trust

16  Fund, FLAIR number 49-2-434.

17         (j)  The Sponsored Research Trust Fund, FLAIR number

18  49-2-655.

19         (k)  The Uniform Payroll Trust Fund, FLAIR number

20  49-2-766.

21         (l)  The Developmental Research School Trust Fund,

22  FLAIR number 49-2-999.

23         Section 3.  Section 3 of chapter 95-114, Laws of

24  Florida, and section 3 of chapter 95-115, Laws of Florida, are

25  repealed.

26         Section 4.  Section 11.2423, Florida Statutes, is

27  amended to read:

28         11.2423  Laws or statutes not repealed.--

29         (1)  No special or local statute, or statute, local,

30  limited or special in its nature, shall be repealed by the

31  Florida Statutes, now or hereafter adopted, and, for the

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  1  purpose of this saving from repeal any statute of the

  2  following classes shall be taken to be included in such

  3  exception, namely:

  4         (a)  Any statutes for or concerning only a certain

  5  county or certain designated counties.

  6         (b)  Any statute for, or concerning or operative in

  7  only a portion of the state.

  8         (c)  Any statute for or concerning only a certain

  9  municipal corporation.

10         (d)  Any statute for or concerning only a designated

11  individual corporation or corporations.

12         (e)  Any statute incorporating a designated individual

13  corporation, or making a grant thereto.

14         (f)  Any statute of such limited or local application

15  as makes its inclusion in a general statute impracticable or

16  undesirable.

17         (g)  Road designation laws.

18         (h)  Severability section in any law.

19         (i)  Any act of the Legislature declaring a trust fund

20  to be exempt from termination pursuant to s. 19(f), Art. III

21  of the State Constitution.

22         (2)  The foregoing enumeration of classes of statutes

23  not repealed shall not be construed to imply a repeal of other

24  statutes which are local, limited or special in their nature.

25         Section 5.  Paragraph (b) of subsection (1) of section

26  28.101, Florida Statutes, 1998 Supplement, is amended to read:

27         28.101  Petitions and records of dissolution of

28  marriage; additional charges.--

29         (1)  When a party petitions for a dissolution of

30  marriage, in addition to the filing charges in s. 28.241, the

31  clerk shall collect and receive:

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  1         (b)  A charge of $5. On a monthly basis, the clerk

  2  shall transfer the moneys collected pursuant to this paragraph

  3  to the State Treasury for deposit in the Displaced Homemaker

  4  Trust Fund created in s. 446.50 410.30. If a petitioner does

  5  not have sufficient funds with which to pay this fee and signs

  6  an affidavit so stating, all or a portion of the fee shall be

  7  waived subject to a subsequent order of the court relative to

  8  the payment of the fee.

  9         Section 6.  Section 446.52, Florida Statutes, is

10  amended to read:

11         446.52  Confidentiality of information.--Information

12  about displaced homemakers who receive services under ss.

13  446.50 410.30 and 446.51 410.301 which is received through

14  files, reports, inspections, or otherwise, by the division or

15  by authorized employees of the division, by persons who

16  volunteer services, or by persons who provide services to

17  displaced homemakers under ss. 446.50 410.30 and 446.51

18  410.301 through contracts with the division is confidential

19  and exempt from the provisions of s. 119.07(1). Such

20  information may not be disclosed publicly in such a manner as

21  to identify a displaced homemaker, unless such person or the

22  person's legal guardian provides written consent.

23         Section 7.  Subsection (3) of section 741.01, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         741.01  County court judge or clerk of the circuit

26  court to issue marriage license; fee.--

27         (3)  Further, the fee charged for each marriage license

28  issued in the state shall be increased by an additional sum of

29  $7.50 to be collected upon receipt of the application for the

30  issuance of a marriage license. The clerk shall transfer such

31

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  1  funds monthly to the State Treasury for deposit in the

  2  Displaced Homemaker Trust Fund created in s. 446.50 410.30.

  3         Section 8.  Section 236.1229, Florida Statutes, 1998

  4  Supplement, and section 236.12295, Florida Statutes, are

  5  repealed.

  6         Section 9.  Subsection (7) of section 240.235, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         240.235  Fees.--

  9         (7)  Each university may assess a service charge for

10  the payment of tuition and fees in installments.  Such service

11  charge must be approved by the Board of Regents.  The revenues

12  from such service charges shall be deposited into a student

13  fee trust fund the Legislature has established and assigned to

14  the university for that purpose the Incidental Trust Fund.

15         Section 10.  Paragraph (a) of subsection (1) of section

16  240.243, Florida Statutes, is amended to read:

17         240.243  Required number of classroom teaching hours

18  for university faculty members.--

19         (1)  As used in this section:

20         (a)  "State funds" means those funds appropriated

21  annually in the General Appropriations Act from the General

22  Revenue Fund and Incidental Trust Fund for institutional and

23  research functions and, in the case of a health center, those

24  funds appropriated from the General Revenue Fund and

25  Operations and Maintenance Trust Fund for the same purposes.

26         Section 11.  Section 240.36, Florida Statutes, 1998

27  Supplement, is amended to read:

28         240.36  Dr. Philip Benjamin Academic Improvement

29  Program Trust Fund for Community Colleges.--

30         (1)  There is created the Dr. Philip Benjamin Academic

31  Improvement Program Trust Fund for Community Colleges to be

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  1  administered according to rules of the State Board of

  2  Community Colleges. This program trust fund shall be used to

  3  encourage private support in enhancing public community

  4  colleges by providing the community college system with the

  5  opportunity to receive and match challenge grants.

  6         (2)  Funds appropriated shall be deposited in the trust

  7  fund and shall be invested pursuant to s. 18.125.

  8  Notwithstanding the provisions of s. 216.301 and pursuant to

  9  s. 216.351, any undisbursed balance remaining in the trust

10  fund and interest income accruing to that portion of the trust

11  fund not matched shall remain in the trust fund and shall

12  increase the total funds available for challenge grants.  At

13  the end of a fiscal year, any unexpended balance of an

14  appropriation in the trust fund will not revert to the fund

15  from which appropriated, but will remain in the trust fund

16  until used for the purposes specified in this section.

17         (2)(3)  For every year in which there is a legislative

18  appropriation to the program trust fund, no less than $25,000

19  must be reserved to permit each community college and the

20  State Board of Community Colleges, which shall be an eligible

21  community college entity for the purposes of this section, an

22  opportunity to match challenge grants.  The balance of the

23  funds shall be available for matching by any eligible

24  community college entity.  Trust Funds which remain unmatched

25  by contribution on March 1 of any year shall also be available

26  for matching by any community college entity.  The State Board

27  of Community Colleges shall adopt rules providing all

28  community college entities with an opportunity to apply for

29  excess trust funds prior to the awarding of such funds.

30  However, no community college may receive more than its

31  percentage of the total full-time equivalent enrollment or 15

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  1  percent, whichever is greater, of the funds appropriated to

  2  the program trust fund for that fiscal year and, likewise, the

  3  State Board of Community Colleges may not receive more than 15

  4  percent of the funds appropriated to the program trust fund

  5  for that fiscal year.  A community college entity shall place

  6  all funds it receives in excess of the first challenge grant

  7  and its matching funds in its endowment fund and only the

  8  earnings on that amount may be spent for approved projects.  A

  9  community college entity may spend the first challenge grant

10  and its matching funds as cash for any approved project,

11  except scholarships.  If a community college entity proposes

12  to use any amount of the grant or the matching funds for

13  scholarships, it must deposit that amount in its endowment in

14  its academic improvement trust fund and use the earnings of

15  the endowment to provide scholarships.

16         (3)(4)  Challenge grants shall be proportionately

17  allocated from the program trust fund on the basis of matching

18  each $4 of state funds with $6 of local or private funds. To

19  be eligible, a minimum of $4,500 must be raised from private

20  sources.

21         (4)(5)  Funds sufficient to provide the match shall be

22  transferred from the state appropriation trust fund to the

23  local community college foundation or the statewide community

24  college foundation upon notification that a proportionate

25  amount has been received and deposited by the community

26  college entity in its own trust fund.

27         (5)(6)  Each community college entity shall establish

28  its own academic improvement trust fund as a depository for

29  the private contributions and matching state funds provided

30  under this section fund established herein. The foundations of

31  the community college entities are responsible for the

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  1  maintenance, investment, and administration of their academic

  2  improvement trust funds.

  3         (6)(7)(a)  The board of trustees of the community

  4  college and the State Board of Community Colleges are

  5  responsible for determining the uses for the proceeds of their

  6  respective trust funds.  Such uses of the proceeds shall be

  7  limited to expenditure of the funds for:

  8         1.  Scientific and technical equipment.

  9         2.  Other activities that will benefit future students

10  as well as students currently enrolled at the community

11  college and that will improve the quality of education at the

12  community college or in the community college system.

13         3.  Scholarships, loans, or need-based grants.

14         (b)  If a community college includes scholarships,

15  loans, or need-based grants in its proposal, it shall create

16  an endowment in its academic improvement trust fund and use

17  the earnings of the endowment to provide scholarships, loans,

18  or need-based grants.

19         (c)  Proposals for use of the trust fund shall be

20  submitted to the State Board of Community Colleges for

21  approval.  Any proposal not acted upon in 60 days shall be

22  considered not approved.

23         (7)(8)  The State Board of Community Colleges shall

24  establish rules to provide for the administration of this

25  program fund. Such rules shall establish the minimum challenge

26  grant reserved for each community college entity and the

27  maximum amount which a community college entity may receive

28  from a legislative appropriation in any fiscal year in

29  accordance with the provisions of the General Appropriations

30  Act.

31

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  1         Section 12.  Subsection (5) of section 240.334, Florida

  2  Statutes, is amended to read:

  3         240.334  Technology transfer centers at community

  4  colleges.--

  5         (5)  A technology transfer center shall be financed

  6  from the Academic Improvement Program Trust Fund or from

  7  moneys of a community college which are on deposit or received

  8  for use in the activities conducted in the center. Such moneys

  9  shall be deposited by the community college in a permanent

10  technology transfer fund in a depository or depositories

11  approved for the deposit of state funds and shall be accounted

12  for and disbursed subject to regular audit by the Auditor

13  General.

14         Section 13.  Section 240.3835, Florida Statutes, is

15  repealed.

16         Section 14.  Subsections (3), (4), and (11) of section

17  240.383, Florida Statutes, are amended to read:

18         240.383  State Community College System Facility

19  Enhancement Challenge Grant Program.--

20         (3)  The Community College Capital Facilities Matching

21  Program Trust Fund, if created by law, otherwise the General

22  Revenue Fund, shall provide funds to match private

23  contributions for the development of high priority

24  instructional and community-related capital facilities,

25  including common areas connecting such facilities, within the

26  State Community College System.  All appropriated funds

27  deposited in the trust fund, if created by law, otherwise the

28  General Revenue Fund, shall be invested pursuant to the

29  provisions of s. 18.125. Interest income accruing to that

30  portion of the trust fund, if created by law, otherwise the

31  General Revenue Fund, shall increase the total funds available

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  1  for the challenge grant program.  Interest income accruing

  2  from the private donations shall be returned to the

  3  participating direct-support organization upon completion of

  4  the project.

  5         (4)  Within the direct-support organization of each

  6  community college there must be established a separate capital

  7  facilities matching account for the purpose of providing

  8  matching funds from the direct-support organization's

  9  unrestricted donations or other private contributions for the

10  development of high priority instructional and

11  community-related capital facilities, including common areas

12  connecting such facilities.  The Legislature shall appropriate

13  funds to be transferred to the Community College Capital

14  Facilities Matching Trust Fund, if created by law, otherwise

15  the General Revenue Fund, for distribution to a community

16  college after matching funds are certified by the

17  direct-support organization and community college. The Public

18  Education Capital Outlay and Debt Service Trust Fund shall not

19  be used as the source of the state match for private

20  contributions.

21         (11)  Any project funds that are unexpended after a

22  project is completed shall revert to the community college's

23  direct-support organization capital facilities matching

24  account.  Fifty percent of such unexpended funds shall be

25  reserved for the community college which originally received

26  the private contribution for the purpose of providing private

27  matching funds for future facility construction projects as

28  provided in this section.  The balance of such unexpended

29  funds shall be returned to the Community College Capital

30  Facilities Matching Trust Fund, if created by law, otherwise

31  the General Revenue Fund, and be available to any community

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  1  college for future facility construction projects conducted

  2  pursuant to this section.

  3         Section 15.  Section 240.408, Florida Statutes, is

  4  repealed.

  5         Section 16.  Subsection (10) of section 229.602,

  6  Florida Statutes, is amended to read:

  7         229.602  Florida private sector and education

  8  partnerships.--

  9         (10)(a)  There is hereby created the teacher/quest

10  partnership program. This program establishes a new education

11  partnership with business, industry, or nonprofit or

12  government agencies for the purpose of providing teachers with

13  the opportunity to enhance their knowledge and improve their

14  teaching skills in the areas of science, mathematics, and

15  computer science.

16         (b)  Teachers shall participate in a project in

17  association with a business, industry, or agency partner.

18  Teachers shall explore job-related science, mathematics, and

19  computer skills, and the application of mathematical,

20  scientific, and computing concepts to problems faced in

21  business, industry, or agency settings. This experience will

22  keep them current, provide them with a "real world"

23  perspective and experiential knowledge, and enable them to

24  develop resource contacts from the participating organizations

25  who could be invited to participate in classroom

26  demonstrations or other learning experiences.

27         (c)  The Department of Education is authorized to

28  distribute grants to school districts for teacher/quest

29  partnership projects. Each project shall provide salary

30  stipends to teachers for the summer recess at their regular

31  rate of pay. Each school district and participating business,

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  1  industry, or agency shall reach a contractual agreement which

  2  shall be included in a proposal submitted to the Department of

  3  Education. A business, industry, or agency shall agree to hire

  4  teachers, and teacher recipients shall make a commitment to

  5  continue teaching or repay the cost of the stipend. The

  6  proposed projects shall be judged on their originality and the

  7  potential transfer of knowledge to learning opportunities for

  8  students. All projects shall require the participating

  9  business, industry, or agency to match state dollars one for

10  one.

11         (d)  The program shall be funded wholly or in part by

12  the Challenger Astronauts Memorial Undergraduate Scholarship

13  Trust Fund, pursuant to s. 240.408.

14         Section 17.  Section 240.4082, Florida Statutes, is

15  amended to read:

16         240.4082  Teacher/Quest Scholarship Program.--

17         (1)  The Teacher/Quest Scholarship Program is created

18  for the purpose of providing teachers with the opportunity to

19  enhance their knowledge of science, mathematics, and computer

20  applications in business, industry, and government. A school

21  district or developmental research school may propose that one

22  or more teachers be granted a Teacher/Quest Scholarship by

23  submitting to the Department of Education:

24         (1)(a)  A project proposal specifying activities a

25  teacher will carry out to improve his or her:

26         (a)1.  Understanding of mathematical, scientific, or

27  computing concepts;

28         (b)2.  Ability to apply and demonstrate such concepts

29  through instruction;

30         (c)3.  Knowledge of vocational requirements for

31  competency in mathematics, science, and computing; and

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  1         (d)4.  Ability to integrate and apply technological

  2  concepts from all three fields; and

  3         (2)(b)  A contractual agreement with a private

  4  corporation or governmental agency that implements the project

  5  proposal and guarantees employment to the teacher during a

  6  summer or other period when schools are out of session. The

  7  agreement must stipulate a salary rate that does not exceed

  8  regular rates of pay and a gross salary amount consistent with

  9  applicable statutory and contractual provisions for the

10  teachers' employment. The teachers' compensation shall be

11  provided for on an equally matched basis by funds from the

12  Challenger Astronauts Memorial Undergraduate Scholarship Trust

13  Fund, as provided for in s. 240.408, and funds from the

14  employing corporation or agency.

15         (2)  This section shall be administered subject to the

16  availability of funds from the Challenger Astronauts Memorial

17  Undergraduate Scholarship Trust Fund and such authority as may

18  be exercised by the Challenger Astronauts Memorial Foundation

19  over such fund.

20         Section 18.  This act shall take effect July 1, 2000.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Terminates various trust funds within the Department of
25    Education. Repeals and amends various provisions of law,
      to conform.
26

27    Declares various trust funds within the Department of
      Education to be exempt from the automatic termination
28    requirements of s. 19(f), Art. III of the State
      Constitution. Provides that the adoption of the Florida
29    Statutes does not operate to repeal acts declaring trust
      funds to be exempt from such requirements.
30

31    See bill for details.

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