Senate Bill sb1520c1

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    Florida Senate - 2003                           CS for SB 1520

    By the Committee on Education; and Senator Constantine





    304-2305-03

  1                      A bill to be entitled

  2         An act relating to state universities; amending

  3         s. 17.076, F.S.; providing an exception to a

  4         public-records exemption; requiring a state

  5         university to maintain confidentiality of

  6         certain records; amending s. 110.161, F.S.;

  7         defining employee for purposes of the pretax

  8         benefits program to include state university

  9         employees; amending s. 112.215, F.S.; defining

10         employee for purposes of the deferred

11         compensation program to include employees of

12         the state university board of trustees;

13         amending s. 287.064, F.S.; authorizing the

14         participation of state universities in

15         consolidated financing of deferred-payment

16         purchases; amending s. 440.38, F.S.; providing

17         that a state university is a self-insurer for

18         purposes of workers' compensation coverage;

19         amending s. 1001.71, F.S.; revising membership

20         and terms of office of the university boards of

21         trustees; amending s. 1001.74, F.S.; providing

22         that Department of Management Services retains

23         authority over state university employees for

24         purposes of the pretax benefits program;

25         amending s. 1004.24, F.S.; providing for a

26         financial audit pursuant to s. 11.45, F.S., for

27         the self-insurance program; amending s.

28         1009.21, F.S.; revising criteria to establish

29         residency for tuition purposes; revising

30         criteria for reclassification of residency for

31         tuition purposes; establishing the Board of

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 1         Governors; providing membership and terms of

 2         office; providing for members to be reimbursed

 3         for travel and per diem expenses; creating s.

 4         1010.10, F.S.; creating the Florida Uniform

 5         Management of Institutional Funds Act;

 6         providing definitions; providing for

 7         expenditure of endowment funds by a governing

 8         board; providing for a standard of conduct;

 9         providing investment authority; providing for

10         delegation of investment management; providing

11         for investment costs; providing for uniformity

12         of application and construction; requiring the

13         University of South Florida and the University

14         of Central Florida to play college football;

15         repealing s. 1001.71(1), (3), and (4), relating

16         to a state university board of trustees;

17         providing an effective date.

18  

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

20  

21         Section 1.  Subsection (5) of section 17.076, Florida

22  Statutes, is amended to read:

23         17.076  Direct deposit of funds.--

24         (5)  All direct deposit records made prior to October

25  1, 1986, are exempt from the provisions of s. 119.07(1).  With

26  respect to direct deposit records made on or after October 1,

27  1986, the names of the authorized financial institutions and

28  the account numbers of the beneficiaries are confidential and

29  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

30  I of the State Constitution. Notwithstanding this exemption

31  and s. 119.07(3)(dd), the department may provide a state

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 1  university, upon request, with that university's employee or

 2  vendor direct deposit authorization information on file with

 3  the department in order to accommodate the transition to the

 4  university accounting system. The state university shall

 5  maintain the confidentiality of all such information provided

 6  by the department.

 7         Section 2.  Subsection (2) of section 110.161, Florida

 8  Statutes, is amended to read:

 9         110.161  State employees; pretax benefits program.--

10         (2)  As used in this section, "employee" means any

11  individual filling an authorized and established position in

12  the executive, legislative, or judicial branch of the state,

13  including the employees of the State Board of Administration

14  and the state universities.

15         Section 3.  Subsection (2) of section 112.215, Florida

16  Statutes, is amended to read:

17         112.215  Government employees; deferred compensation

18  program.--

19         (2)  For the purposes of this section, the term

20  "employee" means any person, whether appointed, elected, or

21  under contract, providing services for the state; any state

22  agency or county or other political subdivision of the state;

23  any municipality; any state university board of trustees; or

24  any constitutional county officer under s. 1(d), Art. VIII of

25  the State Constitution for which compensation or statutory

26  fees are paid.

27         Section 4.  Subsections (1), (2), (3), (4), (5), and

28  (6) of section 287.064, Florida Statutes, are amended to read:

29         287.064  Consolidated financing of deferred-payment

30  purchases.--

31  

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 1         (1)  The Division of Bond Finance of the State Board of

 2  Administration and the Comptroller shall plan and coordinate

 3  deferred-payment purchases made by or on behalf of the state

 4  or its agencies or by or on behalf of state universities or

 5  state community colleges participating under this section

 6  pursuant to s. 1001.74(5) or s. 1001.64(26). The Division of

 7  Bond Finance shall negotiate and the Comptroller shall execute

 8  agreements and contracts to establish master equipment

 9  financing agreements for consolidated financing of

10  deferred-payment, installment sale, or lease purchases with a

11  financial institution or a consortium of financial

12  institutions. As used in this act, the term "deferred-payment"

13  includes installment sale and lease-purchase.

14         (a)  The period during which equipment may be acquired

15  under any one master equipment financing agreement shall be

16  limited to not more than 3 years.

17         (b)  Repayment of the whole or a part of the funds

18  drawn pursuant to the master equipment financing agreement may

19  continue beyond the period established pursuant to paragraph

20  (a).

21         (c)  The interest rate component of any master

22  equipment financing agreement shall be deemed to comply with

23  the interest rate limitation imposed in s. 287.063 so long as

24  the interest rate component of every interagency, state

25  university, or community college agreement entered into under

26  such master equipment financing agreement complies with the

27  interest rate limitation imposed in s. 287.063. Such interest

28  rate limitation does not apply when the payment obligation

29  under the master equipment financing agreement is rated by a

30  nationally recognized rating service in any one of the three

31  highest classifications, which rating services and

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 1  classifications are determined pursuant to rules adopted by

 2  the Comptroller.

 3         (2)  Unless specifically exempted by the Comptroller,

 4  all deferred-payment purchases, including those made by a

 5  state university or community college that is participating

 6  under this section, shall be acquired by funding through

 7  master equipment financing agreements. The Comptroller is

 8  authorized to exempt any purchases from consolidated financing

 9  when, in his or her judgment, alternative financing would be

10  cost-effective or otherwise beneficial to the state.

11         (3)  The Comptroller may require agencies to enter into

12  interagency agreements and may require participating state

13  universities or community colleges to enter into systemwide

14  agreements for the purpose of carrying out the provisions of

15  this act.

16         (a)  The term of any interagency or systemwide

17  agreement shall expire on June 30 of each fiscal year but

18  shall automatically be renewed annually subject to

19  appropriations and deferred-payment schedules.  The period of

20  any interagency or systemwide agreement shall not exceed the

21  useful life of the equipment for which the agreement was made

22  as determined by the Comptroller.

23         (b)  The interagency or systemwide agreements may

24  include, but are not limited to, equipment costs, terms, and a

25  pro rata share of program and issuance expenses.

26         (4)  Each state university or community college may

27  choose to have its purchasing agreements involving

28  administrative and instructional materials consolidated under

29  this section.

30         (5)  The Comptroller is authorized to automatically

31  debit each agency's funds or each state university's funds and

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 1  each community college's portion of the Community College

 2  Program Fund consistently with the deferred-payment schedules.

 3         (6)  There is created the Consolidated Payment Trust

 4  Fund in the Comptroller's office for the purpose of

 5  implementing the provisions of this act.  All funds debited

 6  from each agency, state university, and each community college

 7  may be deposited in the trust fund and shall be used to meet

 8  the financial obligations incurred pursuant to this act.  Any

 9  income from the investment of funds may be used to fund

10  administrative costs associated with this program.

11         Section 5.  Subsection (6) of section 440.38, Florida

12  Statutes, is amended to read:

13         440.38  Security for compensation; insurance carriers

14  and self-insurers.--

15         (6)  The state and its boards, bureaus, departments,

16  and agencies and all of its political subdivisions which

17  employ labor, and the state universities, shall be deemed

18  self-insurers under the terms of this chapter, unless they

19  elect to procure and maintain insurance to secure the benefits

20  of this chapter to their employees; and they are hereby

21  authorized to pay the premiums for such insurance.

22         Section 6.  Section 1001.71, Florida Statutes, is

23  amended to read:

24         1001.71  University boards of trustees; membership.--

25         (1)  Pursuant to s. 7(c), Art. IX of the State

26  Constitution, each local constituent state university shall be

27  administered by a university board of trustees comprised of 13

28  members as follows: six citizen members appointed by the

29  Governor subject to confirmation by the Senate, five citizen

30  members appointed by the Board of Governors subject to

31  confirmation by the Senate, the chair of the faculty senate or

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    Florida Senate - 2003                           CS for SB 1520
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 1  the equivalent, and the president of the student body of the

 2  university. In order to achieve staggered terms, beginning

 3  July 1, 2003, of the initial appointments by the Governor, one

 4  member shall be appointed to serve a 3-year term, three

 5  members shall be appointed to serve 4-year terms, and two

 6  members shall be appointed to serve 5-year terms. Beginning

 7  July 1, 2003, of the initial appointments of the Board of

 8  Governors, one member shall be appointed to serve a 3-year

 9  term, two members shall be appointed to serve 4-year terms,

10  and 2 members shall be appointed to serve 5-year terms.

11  University boards of trustees shall be comprised of 12 members

12  appointed by the Governor and confirmed by the Senate in the

13  regular legislative session immediately following his or her

14  appointment. In addition, the student body president elected

15  on the main campus of the university pursuant to s. 1004.26

16  shall serve ex officio as a voting member of his or her

17  university board of trustees. There shall be no state

18  residency requirement for university board members, but the

19  Governor shall consider diversity and regional representation.

20         (2)  Members of the boards of trustees shall receive no

21  compensation but may be reimbursed for travel and per diem

22  expenses as provided in s. 112.061.

23         (3)  The Governor may remove a trustee upon the

24  recommendation of the State Board of Education, or for cause.

25         (4)  Boards of trustees' members shall be appointed for

26  staggered 4-year terms, and may be reappointed for additional

27  terms not to exceed 8 years of service.

28         (3)(5)  Each board of trustees shall select its chair

29  and vice chair from the appointed members at its first regular

30  meeting after July 1. The chair shall serve for 2 years and

31  may be reselected for one additional consecutive term. The

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 1  duties of the chair shall include presiding at all meetings of

 2  the board of trustees, calling special meetings of the board

 3  of trustees, and attesting to actions of the board of

 4  trustees, and notifying the Governor in writing whenever a

 5  board member fails to attend three consecutive regular board

 6  meetings in any fiscal year, which failure may be grounds for

 7  removal. The duty of the vice chair is to act as chair during

 8  the absence or disability of the chair.

 9         (4)(6)  The university president shall serve as

10  executive officer and corporate secretary of the board of

11  trustees and shall be responsible to the board of trustees for

12  all operations of the university and for setting the agenda

13  for meetings of the board of trustees in consultation with the

14  chair.

15         Section 7.  Subsection (19) of section 1001.74, Florida

16  Statutes, is amended to read:

17         1001.74  Powers and duties of university boards of

18  trustees.--

19         (19)  Each board of trustees shall establish the

20  personnel program for all employees of the university,

21  including the president, pursuant to the provisions of chapter

22  1012 and, in accordance with rules and guidelines of the State

23  Board of Education, including: compensation and other

24  conditions of employment, recruitment and selection,

25  nonreappointment, standards for performance and conduct,

26  evaluation, benefits and hours of work, leave policies,

27  recognition and awards, inventions and works, travel, learning

28  opportunities, exchange programs, academic freedom and

29  responsibility, promotion, assignment, demotion, transfer,

30  tenure and permanent status, ethical obligations and conflicts

31  of interest, restrictive covenants, disciplinary actions,

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 1  complaints, appeals and grievance procedures, and separation

 2  and termination from employment. The Department of Management

 3  Services shall retain authority over state university

 4  employees for programs established in ss. 110.123, 110.161,

 5  110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and

 6  238.

 7         Section 8.  Subsection (5) of section 1004.24, Florida

 8  Statutes, is amended to read:

 9         1004.24  State Board of Education authorized to secure

10  liability insurance.--

11         (5)  Each self-insurance program council shall make

12  provision for an annual financial audit pursuant to s. 11.45

13  postaudit of its financial accounts to be conducted by an

14  independent certified public accountant. The annual audit

15  report must include a management letter and shall be submitted

16  to the State Board of Education for review. The State Board of

17  Education shall have the authority to require and receive from

18  the self-insurance program council or from its independent

19  auditor any detail or supplemental data relative to the

20  operation of the self-insurance program.

21         Section 9.  Paragraph (f) is added to subsection (1),

22  paragraphs (a) and (b) of subsection (2) are amended, and

23  paragraph (d) is added to subsection (2) of section 1009.21,

24  Florida Statutes, to read:

25         1009.21  Determination of resident status for tuition

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

27  nonresidents for the purpose of assessing tuition in community

28  colleges and state universities.

29         (1)  As used in this section:

30         (f)  The term "initial enrollment" means the first day

31  of class.

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 1         (2)(a)  To qualify as a resident for tuition purposes:

 2         1.  A person or, if that person is a dependent child,

 3  his or her parent or parents must have established legal

 4  residence in this state and must have maintained legal

 5  residence in this state for at least 12 months immediately

 6  prior to his or her initial enrollment at an institution of

 7  higher education qualification.

 8         2.  Every applicant for admission to an institution of

 9  higher education shall be required to make a statement as to

10  his or her length of residence in the state and, further,

11  shall establish that his or her presence or, if the applicant

12  is a dependent child, the presence of his or her parent or

13  parents in the state currently is, and during the requisite

14  12-month qualifying period was, for the purpose of maintaining

15  a bona fide domicile, rather than for the purpose of

16  maintaining a mere temporary residence or abode incident to

17  enrollment in an institution of higher education.

18         (b)  However, with respect to a dependent child living

19  with an adult relative other than the child's parent, such

20  child may qualify as a resident for tuition purposes if the

21  adult relative is a legal resident who has maintained legal

22  residence in this state for at least 12 months immediately

23  prior to the child's initial enrollment at an institution of

24  higher learning qualification, provided the child has resided

25  continuously with such relative for the 5 years immediately

26  prior to the child's initial enrollment at an institution of

27  higher learning qualification, during which time the adult

28  relative has exercised day-to-day care, supervision, and

29  control of the child.

30         (d)  An individual who is classified as a nonresident

31  for tuition purposes may become eligible for reclassification

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 1  as a resident for tuition purposes if that individual or, if

 2  that individual is a dependent child, his or her parents,

 3  presents documentation that supports permanent residency in

 4  this state, such as documentation of permanent full-time

 5  employment for the previous 12 months or the purchase of a

 6  home in this state and residence in the state for the prior 12

 7  months.

 8         Section 10.  Board of Governors.--

 9         (1)  Pursuant to Section 7(d), Article IX of the State

10  Constitution, the Board of Governors is established as a body

11  corporate comprised of 17 members as follows: 14 citizen

12  members appointed by the Governor and subject to confirmation

13  by the Senate, the Commissioner of Education, the chair of the

14  advisory council of faculty senates or the equivalent, and the

15  president of the Florida Student Association or the

16  equivalent. The appointed members shall be appointed to serve

17  staggered 7-year terms. In order to achieve staggered terms,

18  beginning July 1, 2003, of the initial appointments, four

19  members shall be appointed to serve 6-year terms, five members

20  shall be appointed to serve 5-year terms, and five members

21  shall be appointed to serve 4-year terms.

22         (2)  Members of the Board of Governors shall receive no

23  compensation but may be reimbursed for travel and per diem

24  expenses as provided in section 112.061, Florida Statutes.

25         (3)  The Board of Governors is subject to Section 24,

26  Article I of the State Constitution, chapter 119, Florida

27  Statutes, and section 286.011, Florida Statutes.

28         Section 11.  Effective upon this act becoming a law and

29  applicable retroactive to January 7, 2003, section 1010.10,

30  Florida Statutes, is created to read:

31  

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 1         1010.10  Florida Uniform Management of Institutional

 2  Funds Act.--

 3         (1)  SHORT TITLE.--This section may be cited as the

 4  "Florida Uniform Management of Institutional Funds Act."

 5         (2)  DEFINITIONS.--As used in this section, the term:

 6         (a)  "Endowment fund" means an institutional fund, or

 7  any part thereof, not wholly expendable by the institution on

 8  a current basis under the terms of the applicable gift

 9  instrument.

10         (b)  "Governing board" means the body responsible for

11  the management of an institution or of an institutional fund.

12         (c)  "Institution" means an incorporated or

13  unincorporated organization organized and operated exclusively

14  for the advancement of educational purposes, or a governmental

15  entity to the extent that it holds funds exclusively for

16  educational purposes.

17         (d)  "Institutional fund" means a fund held by an

18  institution for its exclusive use, benefit, or purposes. The

19  term excludes a fund held for an institution by a trustee that

20  is not an institution. The term also excludes a fund in which

21  a beneficiary that is not an institution has an interest,

22  other than possible rights that could arise upon violation or

23  failure of the purposes of the fund.

24         (e)  "Instrument" means a will; deed; grant;

25  conveyance; agreement; memorandum; electronic record; writing;

26  or other governing document, including the terms of any

27  institutional solicitations from which an institutional fund

28  resulted, under which property is transferred to or held by an

29  institution as an institutional fund.

30         (3)  EXPENDITURE OF ENDOWMENT FUNDS.--

31  

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 1         (a)  A governing board may expend so much of an

 2  endowment fund as the governing board determines to be prudent

 3  for the uses and purposes for which the endowment fund is

 4  established, consistent with the goal of conserving the

 5  purchasing power of the endowment fund. In making its

 6  determination the governing board shall use reasonable care,

 7  skill, and caution in considering the following:

 8         1.  The purposes of the institution;

 9         2.  The intent of the donors of the endowment fund;

10         3.  The terms of the applicable instrument;

11         4.  The long-term and short-term needs of the

12  institution in carrying out its purposes;

13         5.  The general economic conditions;

14         6.  The possible effect of inflation or deflation;

15         7.  The other resources of the institution; and

16         8.  Perpetuation of the endowment.

17  

18  Expenditures made under this paragraph will be considered

19  prudent if the amount expended is consistent with the goal of

20  preserving the purchasing power of the endowment fund.

21         (b)  A restriction upon the expenditure of an endowment

22  fund may not be implied from a designation of a gift as an

23  endowment or from a direction or authorization in the

24  instrument to use only "income," "interest," "dividends," or

25  "rents, issues or profits," or "to preserve the principal

26  intact," or words of similar import.

27         (c)  The provisions of paragraph (a) shall not apply to

28  instruments if the instrument so indicates by stating, "I

29  direct that the expenditure provision of paragraph (a) of

30  subsection (3) of the Florida Uniform Management of

31  

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 1  Institutional Funds Act not apply to this gift" or words of

 2  similar import.

 3         (d)  This subsection does not limit the authority of a

 4  governing board to expend funds as permitted under other law,

 5  the terms of the instrument, or the charter of the

 6  institution.

 7         (e)  Except as otherwise provided, this subsection

 8  applies to instruments executed or in effect before or after

 9  the effective date of this section.

10         (4)  STANDARD OF CONDUCT.--

11         (a)  Members of a governing board shall invest and

12  manage an institutional fund as a prudent investor would, by

13  considering the purposes, distribution requirements, and other

14  circumstances of the fund. In satisfying this standard, the

15  governing board shall exercise reasonable care, skill, and

16  caution.

17         (b)  A governing board's investment and management

18  decisions about individual assets shall be made not in

19  isolation but in the context of the institutional fund's

20  portfolio of investments as a whole and as a part of an

21  overall investment strategy that provides risk and return

22  objectives reasonably suited to the fund and to the

23  institution.

24         (c)  Among circumstances that a governing board shall

25  consider are:

26         1.  Long-term and short-term needs of the institution

27  in carrying out its purposes;

28         2.  Its present and anticipated financial resources;

29         3.  General economic conditions;

30         4.  The possible effect of inflation or deflation;

31  

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 1         5.  The expected tax consequences, if any, of

 2  investment decisions or strategies;

 3         6.  The role that each investment or course of action

 4  plays within the overall investment portfolio of the

 5  institutional fund;

 6         7.  The expected total return from income and the

 7  appreciation of its investments;

 8         8.  Other resources of the institution;

 9         9.  The needs of the institution and the institutional

10  fund for liquidity, regularity of income, and preservation or

11  appreciation of capital; and

12         10.  An asset's special relationship or special value,

13  if any, to the purposes of the applicable gift instrument or

14  to the institution.

15         (d)  A governing board shall make a reasonable effort

16  to verify the facts relevant to the investment and management

17  of institutional fund assets.

18         (e)  A governing board shall diversify the investments

19  of an institutional fund unless the board reasonably

20  determines that, because of special circumstances, the

21  purposes of the fund are better served without diversifying.

22         (f)  A governing board shall invest and manage the

23  assets of an institutional fund solely in the interest of the

24  institution.

25         (5)  INVESTMENT AUTHORITY.--In addition to an

26  investment otherwise authorized by law or by the applicable

27  gift instrument, and without restriction to investments a

28  fiduciary may make, the governing board, subject to any

29  specific limitations in the applicable gift instrument or in

30  the applicable law, other than law relating to investments by

31  a fiduciary:

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 1         (a)  Within a reasonable time after receiving property,

 2  shall review the property and make and implement decisions

 3  concerning the retention and disposition of the assets, in

 4  order to bring the portfolio of the institutional fund into

 5  compliance with the purposes, terms, distribution

 6  requirements, and other circumstances of the institution, and

 7  with the requirements of this section;

 8         (b)  May invest in any kind of property or type of

 9  investment consistent with the standards of this section;

10         (c)  May include all or any part of an institutional

11  fund in any pooled or common fund maintained by the

12  institution; and

13         (d)  May invest all or any part of the institutional

14  fund in any other pooled or common fund available for

15  investment, including shares or interests in regulated

16  investment companies, mutual funds, common trust funds,

17  investment partnerships, real estate investment trusts, or

18  similar organizations in which funds are commingled and

19  investment determinations are made by persons other than the

20  governing board.

21         (6)  DELEGATION OF INVESTMENT MANAGEMENT.--

22         (a)  Except as otherwise provided by applicable law

23  relating to governmental institutions or funds, a governing

24  board may delegate investment and management functions that a

25  prudent governing body could properly delegate under the

26  circumstances. A governing board shall exercise reasonable

27  care, skill, and caution in:

28         1.  Selecting an agent;

29         2.  Establishing the scope and terms of the delegation,

30  consistent with the purposes of the institutional fund; and

31  

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 1         3.  Periodically reviewing the agent's actions to

 2  monitor the agent's performance and the agent's compliance

 3  with the terms of the delegation.

 4         (b)  In performing a delegated function, an agent owes

 5  a duty to the governing board to exercise reasonable care to

 6  comply with the terms of the delegation.

 7         (c)  The members of a governing board who comply with

 8  the requirements of paragraph (a) are not liable for the

 9  decisions or actions of the agent to whom the function was

10  delegated.

11         (d)  By accepting the delegation of an investment or

12  management function from a governing board of an institution

13  that is subject to the laws of this state, an agent submits to

14  the jurisdiction of the courts of this state in all actions

15  arising from the delegation.

16         (7)  INVESTMENT COSTS.--In investing and managing trust

17  assets, a governing board may only incur costs that are

18  appropriate and reasonable in relation to the assets and the

19  purposes of the institution.

20         (8)  RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--

21         (a)  With the written consent of the donor, a governing

22  board may release, in whole or in part, a restriction imposed

23  by the applicable instrument on the use or investment of an

24  institutional fund.

25         (b)  If written consent of the donor cannot be obtained

26  by reason of the donor's death, disability, unavailability, or

27  impossibility of identification, a governing board may

28  release, in whole or in part, a restriction imposed by the

29  applicable instrument on the use or investment of an

30  institutional fund if the fund has a total value of less than

31  $100,000 and if the governing board, in its fiduciary

                                  17

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    Florida Senate - 2003                           CS for SB 1520
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 1  judgment, concludes that the value of the fund is insufficient

 2  to justify the cost of administration as a separate

 3  institutional fund.

 4         (c)  If written consent of the donor cannot be obtained

 5  by reason of the donor's death, disability, unavailability, or

 6  impossibility of identification, a governing board may apply

 7  in the name of the institution to the circuit court of the

 8  county in which the institution is located for release of a

 9  restriction imposed by the applicable instrument on the use or

10  investment of an institutional fund. The Attorney General

11  shall be notified of the application and shall be given an

12  opportunity to be heard. If the court finds that the

13  restriction is unlawful, impracticable, impossible to achieve,

14  or wasteful, it may by order release the restriction in whole

15  or in part. A release under this subsection may not change an

16  endowment fund to a fund that is not an endowment fund.

17         (d)  A release under this subsection may not allow a

18  fund to be used for purposes other than the educational

19  purposes of the institution affected.

20         (e)  This subsection does not limit the application of

21  the doctrine of cy pres.

22         (9)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This

23  act shall be applied and construed so as to effectuate its

24  general purpose to make uniform the law with respect to the

25  subject of this act among those states which enact it.

26         Section 12.  Beginning in 2005 and annually thereafter,

27  the University of South Florida shall play the University of

28  Central Florida in college football. The game shall take place

29  at the home venue or stadium of either the University of South

30  Florida or the University of Central Florida in 2005 with the

31  

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    Florida Senate - 2003                           CS for SB 1520
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 1  home site of the game alternating between the schools annually

 2  thereafter.

 3         Section 13.  Section 1001.71(1),(3), and (4), Florida

 4  Statutes, as created by section 83, chapter 2002-387, Laws of

 5  Florida, and as amended by section 2, chapter 2002-188, Laws

 6  of Florida, is repealed.

 7         Section 14.  Except as otherwise expressly provided in

 8  this act, this act shall take effect upon becoming a law.

 9  

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    Florida Senate - 2003                           CS for SB 1520
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1520

 3                                 

 4  The committee substitute creates the Board of Governors
    comprised of 17 members as follows: 14 citizen members
 5  appointed by the Governor and subject to confirmation by the
    Senate, the Commissioner of Education, the chair of the
 6  advisory council of faculty senates or the equivalent, and the
    president of the Florida Student Association or the
 7  equivalent.

 8  The committee substitute provides for staggered terms for the
    Board of Governors in order to implement constitutional
 9  requirements. Four members are appointed to serve 6-year
    terms, five members are appointed to serve 5-year terms, and
10  five members are appointed to serve 4-year terms. Members of
    the Board of Governors serve without compensation but may be
11  reimbursed for travel and per diem expenses as provided in s.
    112.061, F.S. The Board of Governors is subject to the public
12  disclosure requirements of s. 24, Art. I of the State
    Constitution, chapter 119, F.S., and s. 286.011, F.S.
13  
    The committee substitute creates university boards of trustees
14  comprised of 13 members as follows: six citizen members
    appointed by the Governor subject to confirmation by the
15  Senate, five citizen members appointed by the Board of
    Governors subject to confirmation by the Senate, the chair of
16  the faculty senate or the equivalent, and the president of the
    student body.
17  
    The committee substitute provides staggered terms for the
18  university boards of trustees to implement constitutional
    requirements. The Governor's six appointees are appointed to
19  serve as follows: one member is appointed to serve a 3-year
    term, three members are appointed to serve 4-year terms, and
20  two members are appointed to serve 5-year terms. The Board of
    Governors' five appointees are appointed to serve as follows:
21  one member is appointed to serve a 3-year term, two members
    are appointed to serve 4-year terms, and two members are
22  appointed to serve 5-year terms. Provisions relating to
    removal, representation, and term limits are eliminated.
23  
    The committee substitute makes conforming changes to the
24  pretax benefits program, direct deposit of funds, consolidated
    equipment financing, and self-insurance for workers'
25  compensation made necessary by the K-20 Education Code.

26  The committee substitute recreates and modifies the Florida
    Uniform Management of Institutional Funds Act. Institutions
27  may now expend endowment funds despite the endowment value
    falling below the historic dollar value of the original gift
28  and subsequent donations.

29  The committee substitute revises the determination of
    residency for tuition purposes to require 12 months of state
30  residency immediately prior to initial enrollment at an
    institution of higher learning. Documentary evidence to
31  reclassify an individual as a state resident for tuition
    purposes is revised to require evidence such as permanent
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    Florida Senate - 2003                           CS for SB 1520
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 1  full-time employment or the purchase and residence in a home
    in the state for the previous 12 months.
 2  
    The committee substitute requires the University of South
 3  Florida and the University of Central Florida to play
    collegiate football against each other under a home and home
 4  format.

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