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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___

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11  Senator Sullivan moved the following amendment to amendment

12  (712228):

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14         Senate Amendment (with title amendment) 

15         On page 30, between lines 21 and 22,

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17  insert:

18         Section 19.  Section 240.2605, Florida Statutes, is

19  amended to read:

20         240.2605  Trust Fund for Major Gifts.--

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

22  The purpose of the trust fund is to enable the Board of

23  Regents Foundation, each university, and New College to

24  provide donors with an incentive in the form of matching

25  grants for donations for the establishment of permanent

26  endowments, which must be invested, with the proceeds of the

27  investment used to support libraries and instruction and

28  research programs, as defined by procedure of the Board of

29  Regents. All funds appropriated for the challenge grants, new

30  donors, major gifts, or eminent scholars program must be

31  deposited into the trust fund and invested pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1  18.125 until the Board of Regents allocates the funds to

  2  universities to match private donations. Notwithstanding s.

  3  216.301 and pursuant to s. 216.351, any undisbursed balance

  4  remaining in the trust fund and interest income accruing to

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

  6  distributed to universities must remain in the trust fund and

  7  be used to increase the total funds available for challenge

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

  9  encumber the state matching portion of a challenge grant from

10  funds available under s. 240.272.

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

12  submission, documentation, and approval of requests for

13  matching funds, accountability for endowments and proceeds of

14  endowments, allocations to universities, restrictions on the

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

16  determining the value of donations.

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

18  appropriated to the trust fund to the Board of Regents

19  Foundation, each university, and New College based on the

20  amount of the donation and the restrictions applied to the

21  donation.

22         (b)  Donations for a specific purpose must be matched

23  in the following manner:

24         1.  The Board of Regents Foundation and each university

25  that raises at least $100,000 but no more than $999,999

26  $599,999 from a private source must receive a matching grant

27  equal to 50 percent of the private contribution.

28         2.  The Board of Regents Foundation and each university

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

30  than $1 million from a private source must receive a matching

31  grant equal to 70 percent of the private contribution.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1         2.3.  The Board of Regents Foundation and each

  2  university that raises a contribution equal to or in excess of

  3  $1 million but no more than $2,999,999 $1.5 million from a

  4  private source must receive a matching grant equal to 60 75

  5  percent of the private contribution.

  6         4.  The Board of Regents Foundation and each university

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

  8  more than $2 million from a private source must receive a

  9  matching grant equal to 80 percent of the private

10  contribution.

11         3.5.  The Board of Regents Foundation and each

12  university that raises a contribution equal to or in excess of

13  $3 $2 million from a private source must receive a matching

14  grant equal to 85 100 percent of the private contribution.

15         4.  The maximum amount of matching funds which may be

16  used to match a single gift in any given year is $3 million.

17  The maximum total amount of matching funds which may be used

18  to match any single gift is $15 million, to be distributed in

19  equal amounts of $3 million per year over a period of 5 years,

20  subject to the availability of funds.

21         (c)  Notwithstanding subparagraphs (b)1.-3., if a

22  university seeking matching funds under this section and a

23  community college seeking matching funds under s. 240.36

24  jointly endow a two-plus-two scholarship, the university shall

25  receive matching funds on the same basis as the community

26  college under s. 240.36(3). To be eligible for matching funds

27  under this paragraph, the notification of receipt and deposit

28  of private contributions for such purpose must be submitted

29  jointly by a community college and a state university in

30  increments of $50,000, consisting of $30,000 to the university

31  from a single donor and $20,000 to the community college, with

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1  a maximum of 50 scholarships per year being eligible for a

  2  match. Five scholarships per year shall be reserved for each

  3  state university until March 1, at which time any unmatched

  4  funds shall be made available to universities and community

  5  colleges under procedures established by the Board of Regents

  6  and the State Board of Community Colleges.

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

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

  9  requirements for state matching funds as specified for the

10  particular challenge grant and the amount of the private

11  donations actually received by the university or Board of

12  Regents Foundation for the respective challenge grant.

13         (4)  Matching funds may be provided for contributions

14  encumbered or pledged under the Florida Endowment Trust Fund

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

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

17  the prescribed minimums which are pledged for the purpose of

18  this section.

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

20  university foundation, and New College Foundation shall

21  establish a challenge grant account for each challenge grant

22  as a depository for private contributions and state matching

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

24  the university, or New College. State matching funds must be

25  transferred to a university foundation or New College

26  Foundation upon notification that the university or New

27  College has received and deposited the amount specified in

28  this section in a foundation challenge grant account.

29         (b)  The foundation serving a university and New

30  College Foundation each has the responsibility for the

31  maintenance and investment of its challenge grant account and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1  for the administration of the program on behalf of the

  2  university or New College, pursuant to procedures specified by

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

  4  annual report to the Board of Regents information concerning

  5  collection and investment of matching gifts and donations and

  6  investment of the account.

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

  8  state matching funds may be used to designate an Eminent

  9  Scholar Endowed Chair pursuant to procedures specified by the

10  Board of Regents.

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

12  from endowments established under this section may not be

13  expended for the construction, renovation, or maintenance of

14  facilities or for the support of intercollegiate athletics.

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

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

17  provisions of this section.

18         (8)  For challenge grants for which state matching

19  funds are requested Notwithstanding other provisions of this

20  section, for the 1999-2000 fiscal year only, for gifts

21  received during this period, the university presidents shall

22  annually provide a list to the Board of Regents of donations

23  from private donors for challenge grants, new donations, major

24  gifts, and the eminent scholars program to be matched for the

25  1999-2000 fiscal year to the Board of Regents. The listing

26  shall include, but need not be limited to, contain an

27  explanation of the donation, a statement of the specific

28  benefits accrued to the university as a result of the

29  donation, and how the donation is consistent with the mission

30  of the institution, as defined by the Board of Regents in its

31  most recent the 1998-2003 Strategic Plan. The Board of Regents

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1  shall submit a report to the President of the Senate, the

  2  Speaker of the House of Representatives, and the Governor by

  3  January 15 of each year. The report, developed in consultation

  4  with the Legislature, must include, but not be limited to, the

  5  annual listing described in this subsection as well as

  6  information regarding the expenditure of the proceeds of the

  7  endowments for the previous year. University presidents shall

  8  rank each private donation to their university, giving highest

  9  priority to private donations that provide additional library

10  resources to universities; donations that provide student

11  assistance through scholarships, fellowships, or

12  assistantships; donations that provide funding for existing

13  academic programs at universities; and donations that meet the

14  matching requirement without encumbering pledges. The Board of

15  Regents, using the same criteria, shall develop a systemwide

16  priority list and may set restrictions on the annual amount of

17  matching funds provided for single donations that exceed $5

18  million.

19         Section 20.  Present subsections (7) through (11) of

20  section 240.2601, Florida Statutes, are redesignated as

21  subsections (8) through (11), respectively, and a new

22  subsection (7) is added to that section to read:

23         240.2601  State University System Facility Enhancement

24  Challenge Grant Program.--

25         (7)  For challenge grants for which state matching is

26  being requested, university presidents shall provide to the

27  Board of Regents a list of donations received from private

28  donors for the State University System Facility Enhancement

29  Challenge Grant Program. This listing shall contain an

30  explanation of the donation, a statement of the specific

31  benefits accrued to the university as a result of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1  donation, and the projected cost to the state for the

  2  operation and maintenance of the facility. The Board of

  3  Regents shall review and rank each private donation, giving

  4  highest priority to private donations that provide the

  5  financial resources for major renovations to existing

  6  facilities, particularly instructional facilities, and new

  7  space requirements as identified by the space utilization

  8  model. The listing shall be submitted by August 1 of each

  9  year.

10         Section 21.  Donations received before July 1, 2000,

11  shall be matched at the percentage level in effect on the date

12  the gift was received. Any gift agreements signed and received

13  by July 1, 1999, which were approved for payment over a period

14  of up to 5 years are eligible for the level of match in effect

15  when the agreement was received and initial payment was made.

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17  (Redesignate subsequent sections.)

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19

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

21  And the title is amended as follows:

22         On page 33, line 15, after the semicolon,

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24  insert:

25         amending s. 240.2605, F.S.; rescinding a

26         provision that allows the Board of Regents to

27         authorize a university to encumber the state

28         matching portion of a challenge grant from

29         funds available under s. 240.272, F.S.;

30         revising provisions that prescribe the manner

31         in which donations from the trust fund must be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2448

    Amendment No. ___





  1         matched; providing the maximum yearly amount

  2         and the maximum total amount of matching funds

  3         which may be used to match a single gift;

  4         repealing an obsolete provision; amending s.

  5         240.2601, F.S.; requiring a report to the Board

  6         of Regents and a priority list; providing for

  7         donations received prior to a specified date;

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