Senate Bill sb1520c2

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    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator Constantine




    302-2507-03

  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; creating s.

13         1004.383, F.S.; authorizing a chiropractic

14         medicine degree program at Florida State

15         University; creating s. 460.4062, F.S.;

16         authorizing the Department of Health to issue a

17         chiropractic medicine faculty certificate for a

18         certain chiropractic faculty; authorizing a

19         fee; providing requirements; providing for

20         renewal and expiration of certificates;

21         requiring the University of South Florida and

22         the University of Central Florida to play

23         college football; repealing s. 1001.71(1), (3),

24         and (4), relating to a state university board

25         of trustees; providing an effective date.

26  

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

28  

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

30  Statutes, is amended to read:

31         17.076  Direct deposit of funds.--

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

 2  1, 1986, are exempt from the provisions of s. 119.07(1).  With

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

 4  1986, the names of the authorized financial institutions and

 5  the account numbers of the beneficiaries are confidential and

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

 7  I of the State Constitution. Notwithstanding this exemption

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

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

10  vendor direct deposit authorization information on file with

11  the department in order to accommodate the transition to the

12  university accounting system. The state university shall

13  maintain the confidentiality of all such information provided

14  by the department.

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

16  Statutes, is amended to read:

17         110.161  State employees; pretax benefits program.--

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

19  individual filling an authorized and established position in

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

21  including the employees of the State Board of Administration

22  and the state universities.

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

24  Statutes, is amended to read:

25         112.215  Government employees; deferred compensation

26  program.--

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

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

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

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

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

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

 2  the State Constitution for which compensation or statutory

 3  fees are paid.

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

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

 6         287.064  Consolidated financing of deferred-payment

 7  purchases.--

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

 9  Administration and the Comptroller shall plan and coordinate

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

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

12  state community colleges participating under this section

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

14  Bond Finance shall negotiate and the Comptroller shall execute

15  agreements and contracts to establish master equipment

16  financing agreements for consolidated financing of

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

18  financial institution or a consortium of financial

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

20  includes installment sale and lease-purchase.

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

22  under any one master equipment financing agreement shall be

23  limited to not more than 3 years.

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

25  drawn pursuant to the master equipment financing agreement may

26  continue beyond the period established pursuant to paragraph

27  (a).

28         (c)  The interest rate component of any master

29  equipment financing agreement shall be deemed to comply with

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

31  the interest rate component of every interagency, state

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 1  university, or community college agreement entered into under

 2  such master equipment financing agreement complies with the

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

 4  rate limitation does not apply when the payment obligation

 5  under the master equipment financing agreement is rated by a

 6  nationally recognized rating service in any one of the three

 7  highest classifications, which rating services and

 8  classifications are determined pursuant to rules adopted by

 9  the Comptroller.

10         (2)  Unless specifically exempted by the Comptroller,

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

12  state university or community college that is participating

13  under this section, shall be acquired by funding through

14  master equipment financing agreements. The Comptroller is

15  authorized to exempt any purchases from consolidated financing

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

17  cost-effective or otherwise beneficial to the state.

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

19  interagency agreements and may require participating state

20  universities or community colleges to enter into systemwide

21  agreements for the purpose of carrying out the provisions of

22  this act.

23         (a)  The term of any interagency or systemwide

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

25  shall automatically be renewed annually subject to

26  appropriations and deferred-payment schedules.  The period of

27  any interagency or systemwide agreement shall not exceed the

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

29  as determined by the Comptroller.

30  

31  

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 1         (b)  The interagency or systemwide agreements may

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

 3  pro rata share of program and issuance expenses.

 4         (4)  Each state university or community college may

 5  choose to have its purchasing agreements involving

 6  administrative and instructional materials consolidated under

 7  this section.

 8         (5)  The Comptroller is authorized to automatically

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

10  each community college's portion of the Community College

11  Program Fund consistently with the deferred-payment schedules.

12         (6)  There is created the Consolidated Payment Trust

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

14  implementing the provisions of this act.  All funds debited

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

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

17  the financial obligations incurred pursuant to this act.  Any

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

19  administrative costs associated with this program.

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

21  Statutes, is amended to read:

22         440.38  Security for compensation; insurance carriers

23  and self-insurers.--

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

25  and agencies and all of its political subdivisions which

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

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

28  elect to procure and maintain insurance to secure the benefits

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

30  authorized to pay the premiums for such insurance.

31  

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 1         Section 6.  Section 1001.71, Florida Statutes, is

 2  amended to read:

 3         1001.71  University boards of trustees; membership.--

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

 5  Constitution, each local constituent state university shall be

 6  administered by a university board of trustees comprised of 13

 7  members as follows: six citizen members appointed by the

 8  Governor subject to confirmation by the Senate, five citizen

 9  members appointed by the Board of Governors subject to

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

11  the equivalent, and the president of the student body of the

12  university. In order to achieve staggered terms, beginning

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

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

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

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

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

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

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

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

21  University boards of trustees shall be comprised of 12 members

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

23  regular legislative session immediately following his or her

24  appointment. In addition, the student body president elected

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

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

27  university board of trustees. There shall be no state

28  residency requirement for university board members, but the

29  Governor shall consider diversity and regional representation.

30  

31  

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

 2  compensation but may be reimbursed for travel and per diem

 3  expenses as provided in s. 112.061.

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

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

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

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

 8  terms not to exceed 8 years of service.

 9         (3)(5)  Each board of trustees shall select its chair

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

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

12  may be reselected for one additional consecutive term. The

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

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

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

16  trustees, and notifying the Governor in writing whenever a

17  board member fails to attend three consecutive regular board

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

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

20  the absence or disability of the chair.

21         (4)(6)  The university president shall serve as

22  executive officer and corporate secretary of the board of

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

24  all operations of the university and for setting the agenda

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

26  chair.

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

28  Statutes, is amended to read:

29         1001.74  Powers and duties of university boards of

30  trustees.--

31  

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 1         (19)  Each board of trustees shall establish the

 2  personnel program for all employees of the university,

 3  including the president, pursuant to the provisions of chapter

 4  1012 and, in accordance with rules and guidelines of the State

 5  Board of Education, including: compensation and other

 6  conditions of employment, recruitment and selection,

 7  nonreappointment, standards for performance and conduct,

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

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

10  opportunities, exchange programs, academic freedom and

11  responsibility, promotion, assignment, demotion, transfer,

12  tenure and permanent status, ethical obligations and conflicts

13  of interest, restrictive covenants, disciplinary actions,

14  complaints, appeals and grievance procedures, and separation

15  and termination from employment. The Department of Management

16  Services shall retain authority over state university

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

18  110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and

19  238.

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

21  Statutes, is amended to read:

22         1004.24  State Board of Education authorized to secure

23  liability insurance.--

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

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

26  postaudit of its financial accounts to be conducted by an

27  independent certified public accountant. The annual audit

28  report must include a management letter and shall be submitted

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

30  Education shall have the authority to require and receive from

31  the self-insurance program council or from its independent

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 1  auditor any detail or supplemental data relative to the

 2  operation of the self-insurance program.

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

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

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

 6  Florida Statutes, to read:

 7         1009.21  Determination of resident status for tuition

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

 9  nonresidents for the purpose of assessing tuition in community

10  colleges and state universities.

11         (1)  As used in this section:

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

13  of class.

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

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

16  his or her parent or parents must have established legal

17  residence in this state and must have maintained legal

18  residence in this state for at least 12 months immediately

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

20  higher education qualification.

21         2.  Every applicant for admission to an institution of

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

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

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

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

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

27  12-month qualifying period was, for the purpose of maintaining

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

29  maintaining a mere temporary residence or abode incident to

30  enrollment in an institution of higher education.

31  

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

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

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

 4  adult relative is a legal resident who has maintained legal

 5  residence in this state for at least 12 months immediately

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

 7  higher learning qualification, provided the child has resided

 8  continuously with such relative for the 5 years immediately

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

10  higher learning qualification, during which time the adult

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

12  control of the child.

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

14  for tuition purposes may become eligible for reclassification

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

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

17  presents documentation that supports permanent residency in

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

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

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

21  months.

22         Section 10.  Board of Governors.--

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

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

25  corporate comprised of 17 members as follows: 14 citizen

26  members appointed by the Governor and subject to confirmation

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

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

29  president of the Florida Student Association or the

30  equivalent. The appointed members shall be appointed to serve

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

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

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

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

 4  shall be appointed to serve 4-year terms.

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

 6  compensation but may be reimbursed for travel and per diem

 7  expenses as provided in section 112.061, Florida Statutes.

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

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

10  Statutes, and section 286.011, Florida Statutes.

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

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

13  Florida Statutes, is created to read:

14         1010.10  Florida Uniform Management of Institutional

15  Funds Act.--

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

17  "Florida Uniform Management of Institutional Funds Act."

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

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

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

21  a current basis under the terms of the applicable gift

22  instrument.

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

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

25         (c)  "Institution" means an incorporated or

26  unincorporated organization organized and operated exclusively

27  for the advancement of educational purposes, or a governmental

28  entity to the extent that it holds funds exclusively for

29  educational purposes.

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

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

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

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

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

 4  other than possible rights that could arise upon violation or

 5  failure of the purposes of the fund.

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

 7  conveyance; agreement; memorandum; electronic record; writing;

 8  or other governing document, including the terms of any

 9  institutional solicitations from which an institutional fund

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

11  institution as an institutional fund.

12         (3)  EXPENDITURE OF ENDOWMENT FUNDS.--

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

14  endowment fund as the governing board determines to be prudent

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

16  established, consistent with the goal of conserving the

17  purchasing power of the endowment fund. In making its

18  determination the governing board shall use reasonable care,

19  skill, and caution in considering the following:

20         1.  The purposes of the institution;

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

22         3.  The terms of the applicable instrument;

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

24  institution in carrying out its purposes;

25         5.  The general economic conditions;

26         6.  The possible effect of inflation or deflation;

27         7.  The other resources of the institution; and

28         8.  Perpetuation of the endowment.

29  

30  

31  

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 1  Expenditures made under this paragraph will be considered

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

 3  preserving the purchasing power of the endowment fund.

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

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

 6  endowment or from a direction or authorization in the

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

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

 9  intact," or words of similar import.

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

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

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

13  subsection (3) of the Florida Uniform Management of

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

15  similar import.

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

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

18  the terms of the instrument, or the charter of the

19  institution.

20         (e)  Except as otherwise provided, this subsection

21  applies to instruments executed or in effect before or after

22  the effective date of this section.

23         (4)  STANDARD OF CONDUCT.--

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

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

26  considering the purposes, distribution requirements, and other

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

28  governing board shall exercise reasonable care, skill, and

29  caution.

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

31  decisions about individual assets shall be made not in

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

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

 3  overall investment strategy that provides risk and return

 4  objectives reasonably suited to the fund and to the

 5  institution.

 6         (c)  Among circumstances that a governing board shall

 7  consider are:

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

 9  in carrying out its purposes;

10         2.  Its present and anticipated financial resources;

11         3.  General economic conditions;

12         4.  The possible effect of inflation or deflation;

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

14  investment decisions or strategies;

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

16  plays within the overall investment portfolio of the

17  institutional fund;

18         7.  The expected total return from income and the

19  appreciation of its investments;

20         8.  Other resources of the institution;

21         9.  The needs of the institution and the institutional

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

23  appreciation of capital; and

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

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

26  to the institution.

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

28  to verify the facts relevant to the investment and management

29  of institutional fund assets.

30         (e)  A governing board shall diversify the investments

31  of an institutional fund unless the board reasonably

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 1  determines that, because of special circumstances, the

 2  purposes of the fund are better served without diversifying.

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

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

 5  institution.

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

 7  investment otherwise authorized by law or by the applicable

 8  gift instrument, and without restriction to investments a

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

10  specific limitations in the applicable gift instrument or in

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

12  a fiduciary:

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

14  shall review the property and make and implement decisions

15  concerning the retention and disposition of the assets, in

16  order to bring the portfolio of the institutional fund into

17  compliance with the purposes, terms, distribution

18  requirements, and other circumstances of the institution, and

19  with the requirements of this section;

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

21  investment consistent with the standards of this section;

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

23  fund in any pooled or common fund maintained by the

24  institution; and

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

26  fund in any other pooled or common fund available for

27  investment, including shares or interests in regulated

28  investment companies, mutual funds, common trust funds,

29  investment partnerships, real estate investment trusts, or

30  similar organizations in which funds are commingled and

31  

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 1  investment determinations are made by persons other than the

 2  governing board.

 3         (6)  DELEGATION OF INVESTMENT MANAGEMENT.--

 4         (a)  Except as otherwise provided by applicable law

 5  relating to governmental institutions or funds, a governing

 6  board may delegate investment and management functions that a

 7  prudent governing body could properly delegate under the

 8  circumstances. A governing board shall exercise reasonable

 9  care, skill, and caution in:

10         1.  Selecting an agent;

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

12  consistent with the purposes of the institutional fund; and

13         3.  Periodically reviewing the agent's actions to

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

15  with the terms of the delegation.

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

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

18  comply with the terms of the delegation.

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

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

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

22  delegated.

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

24  management function from a governing board of an institution

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

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

27  arising from the delegation.

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

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

30  appropriate and reasonable in relation to the assets and the

31  purposes of the institution.

                                  17

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

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

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

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

 5  institutional fund.

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

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

 8  impossibility of identification, a governing board may

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

10  applicable instrument on the use or investment of an

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

12  $100,000 and if the governing board, in its fiduciary

13  judgment, concludes that the value of the fund is insufficient

14  to justify the cost of administration as a separate

15  institutional fund.

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

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

18  impossibility of identification, a governing board may apply

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

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

21  restriction imposed by the applicable instrument on the use or

22  investment of an institutional fund. The Attorney General

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

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

25  restriction is unlawful, impracticable, impossible to achieve,

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

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

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

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

30  fund to be used for purposes other than the educational

31  purposes of the institution affected.

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

 2  the doctrine of cy pres.

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

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

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

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

 7         Section 12.  Section 1004.383, Florida Statutes, is

 8  created to read:

 9         1004.383  Chiropractic medicine degree program at the

10  Florida State University.--A chiropractic medicine degree

11  program is authorized at Florida State University.

12         Section 13.  Section 460.4062, Florida Statutes, is

13  created to read:

14         460.4062  Chiropractic medicine faculty certificate.--

15         (1)  The Department of Health may issue a chiropractic

16  medicine faculty certificate without examination to an

17  individual who remits a nonrefundable application fee, not to

18  exceed $100 as determined by rule of the Board of Chiropractic

19  Medicine, and who demonstrates to the Board of Chiropractic

20  Medicine that he or she meets the following requirements:

21         (a)  Is a graduate of an accredited school or college

22  of chiropractic accredited by the Council on Chiropractic

23  Education.

24         (b)  Holds a valid current license to practice

25  chiropractic in another jurisdiction in the United States.

26         (c)  Is at least 21 years of age and of good moral

27  character.

28         (d)  Has not committed any act or offense in any

29  jurisdiction which would constitute the basis for discipline

30  under chapter 456 or chapter 460.

31  

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 1         (e)  Has been offered and has accepted a full-time

 2  faculty appointment to teach in a program of chiropractic

 3  medicine at a state university.

 4         (f)  Provides a certification from the dean of the

 5  college that he or she has accepted the offer of a full-time

 6  faculty appointment to teach at Florida State University.

 7         (2)  The certificate shall authorize the holder to

 8  practice only in conjunction with his or her faculty position

 9  at Florida State University and its affiliated clinics that

10  are registered with the Board of Chiropractic Medicine as

11  sites at which holders of chiropractic medicine faculty

12  certificates will be practicing. Such certificates shall

13  automatically expire upon termination of the holder's

14  relationship with the school or after a period of 2 years,

15  whichever occurs first.

16         (3)  The holder of a faculty certificate may engage in

17  the practice of chiropractic medicine as permitted by this

18  section.

19         (4)  Notwithstanding subsection (2), a chiropractic

20  medicine faculty certificate is renewable every 2 years by a

21  holder who applies to the Board of Chiropractic Medicine on a

22  form prescribed by the Board of Chiropractic Medicine and who

23  continues to satisfy the requirements set forth in subsection

24  (1).

25         Section 14.  Beginning in 2005 and annually thereafter,

26  the University of South Florida shall play the University of

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

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

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

30  home site of the game alternating between the schools annually

31  thereafter.

                                  20

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 1         Section 15.  Section 1001.71(1),(3), and (4), Florida

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

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

 4  of Florida, is repealed.

 5         Section 16.  Except as otherwise expressly provided in

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

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                            CS/SB 1520

10                                 

11  Authorizes a chiropractic medicine degree program at the
    Florida State university.
12  
    Permits the Department of Health to issue a chiropractic
13  medicine faculty certificate without examination to an
    individual who remits a nonrefundable application fee and who
14  meets specified requirements.

15  Provides for a two-year renewal.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  21

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