SENATE AMENDMENT
    Bill No. HB 319, 1st Eng.
    Amendment No. ___   Barcode 234806
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (5) of section 17.076, Florida
18  Statutes, is amended to read:
19         17.076  Direct deposit of funds.--
20         (5)  All direct deposit records made prior to October
21  1, 1986, are exempt from the provisions of s. 119.07(1).  With
22  respect to direct deposit records made on or after October 1,
23  1986, the names of the authorized financial institutions and
24  the account numbers of the beneficiaries are confidential and
25  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
26  I of the State Constitution. Notwithstanding this exemption
27  and s. 119.07(3)(dd), the department may provide a state
28  university, upon request, with that university's employee or
29  vendor direct deposit authorization information on file with
30  the department in order to accommodate the transition to the
31  university accounting system. The state university shall
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SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 maintain the confidentiality of all such information provided 2 by the department. 3 Section 2. Subsection (2) of section 110.161, Florida 4 Statutes, is amended to read: 5 110.161 State employees; pretax benefits program.-- 6 (2) As used in this section, "employee" means any 7 individual filling an authorized and established position in 8 the executive, legislative, or judicial branch of the state, 9 including the employees of the State Board of Administration 10 and the state universities. 11 Section 3. Subsection (2) of section 112.215, Florida 12 Statutes, is amended to read: 13 112.215 Government employees; deferred compensation 14 program.-- 15 (2) For the purposes of this section, the term 16 "employee" means any person, whether appointed, elected, or 17 under contract, providing services for the state; any state 18 agency or county or other political subdivision of the state; 19 any municipality; any state university board of trustees; or 20 any constitutional county officer under s. 1(d), Art. VIII of 21 the State Constitution for which compensation or statutory 22 fees are paid. 23 Section 4. Subsections (1), (2), (3), (4), (5), and 24 (6) of section 287.064, Florida Statutes, are amended to read: 25 287.064 Consolidated financing of deferred-payment 26 purchases.-- 27 (1) The Division of Bond Finance of the State Board of 28 Administration and the Comptroller shall plan and coordinate 29 deferred-payment purchases made by or on behalf of the state 30 or its agencies or by or on behalf of state universities or 31 state community colleges participating under this section 2 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 pursuant to s. 1001.74(5) or s. 1001.64(26). The Division of 2 Bond Finance shall negotiate and the Comptroller shall execute 3 agreements and contracts to establish master equipment 4 financing agreements for consolidated financing of 5 deferred-payment, installment sale, or lease purchases with a 6 financial institution or a consortium of financial 7 institutions. As used in this act, the term "deferred-payment" 8 includes installment sale and lease-purchase. 9 (a) The period during which equipment may be acquired 10 under any one master equipment financing agreement shall be 11 limited to not more than 3 years. 12 (b) Repayment of the whole or a part of the funds 13 drawn pursuant to the master equipment financing agreement may 14 continue beyond the period established pursuant to paragraph 15 (a). 16 (c) The interest rate component of any master 17 equipment financing agreement shall be deemed to comply with 18 the interest rate limitation imposed in s. 287.063 so long as 19 the interest rate component of every interagency, state 20 university, or community college agreement entered into under 21 such master equipment financing agreement complies with the 22 interest rate limitation imposed in s. 287.063. Such interest 23 rate limitation does not apply when the payment obligation 24 under the master equipment financing agreement is rated by a 25 nationally recognized rating service in any one of the three 26 highest classifications, which rating services and 27 classifications are determined pursuant to rules adopted by 28 the Comptroller. 29 (2) Unless specifically exempted by the Comptroller, 30 all deferred-payment purchases, including those made by a 31 state university or community college that is participating 3 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 under this section, shall be acquired by funding through 2 master equipment financing agreements. The Comptroller is 3 authorized to exempt any purchases from consolidated financing 4 when, in his or her judgment, alternative financing would be 5 cost-effective or otherwise beneficial to the state. 6 (3) The Comptroller may require agencies to enter into 7 interagency agreements and may require participating state 8 universities or community colleges to enter into systemwide 9 agreements for the purpose of carrying out the provisions of 10 this act. 11 (a) The term of any interagency or systemwide 12 agreement shall expire on June 30 of each fiscal year but 13 shall automatically be renewed annually subject to 14 appropriations and deferred-payment schedules. The period of 15 any interagency or systemwide agreement shall not exceed the 16 useful life of the equipment for which the agreement was made 17 as determined by the Comptroller. 18 (b) The interagency or systemwide agreements may 19 include, but are not limited to, equipment costs, terms, and a 20 pro rata share of program and issuance expenses. 21 (4) Each state university or community college may 22 choose to have its purchasing agreements involving 23 administrative and instructional materials consolidated under 24 this section. 25 (5) The Comptroller is authorized to automatically 26 debit each agency's funds or each state university's funds and 27 each community college's portion of the Community College 28 Program Fund consistently with the deferred-payment schedules. 29 (6) There is created the Consolidated Payment Trust 30 Fund in the Comptroller's office for the purpose of 31 implementing the provisions of this act. All funds debited 4 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 from each agency, state university, and each community college 2 may be deposited in the trust fund and shall be used to meet 3 the financial obligations incurred pursuant to this act. Any 4 income from the investment of funds may be used to fund 5 administrative costs associated with this program. 6 Section 5. Subsection (6) of section 440.38, Florida 7 Statutes, is amended to read: 8 440.38 Security for compensation; insurance carriers 9 and self-insurers.-- 10 (6) The state and its boards, bureaus, departments, 11 and agencies and all of its political subdivisions which 12 employ labor, and the state universities, shall be deemed 13 self-insurers under the terms of this chapter, unless they 14 elect to procure and maintain insurance to secure the benefits 15 of this chapter to their employees; and they are hereby 16 authorized to pay the premiums for such insurance. 17 Section 6. Section 1001.71, Florida Statutes, is 18 amended to read: 19 1001.71 University boards of trustees; membership.-- 20 (1) Pursuant to s. 7(c), Art. IX of the State 21 Constitution, each local constituent state university shall be 22 administered by a university board of trustees comprised of 13 23 members as follows: six citizen members appointed by the 24 Governor subject to confirmation by the Senate, five citizen 25 members appointed by the Board of Governors subject to 26 confirmation by the Senate, the chair of the faculty senate or 27 the equivalent, and the president of the student body of the 28 university. In order to achieve staggered terms, beginning 29 July 1, 2003, of the initial appointments by the Governor, one 30 member shall be appointed to serve a 3-year term, three 31 members shall be appointed to serve 4-year terms, and two 5 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 members shall be appointed to serve 5-year terms. Beginning 2 July 1, 2003, of the initial appointments of the Board of 3 Governors, one member shall be appointed to serve a 3-year 4 term, two members shall be appointed to serve 4-year terms, 5 and 2 members shall be appointed to serve 5-year terms. 6 University boards of trustees shall be comprised of 12 members 7 appointed by the Governor and confirmed by the Senate in the 8 regular legislative session immediately following his or her 9 appointment. In addition, the student body president elected 10 on the main campus of the university pursuant to s. 1004.26 11 shall serve ex officio as a voting member of his or her 12 university board of trustees. There shall be no state 13 residency requirement for university board members, but the 14 Governor shall consider diversity and regional representation. 15 (2) Members of the boards of trustees shall receive no 16 compensation but may be reimbursed for travel and per diem 17 expenses as provided in s. 112.061. 18 (3) The Governor may remove a trustee upon the 19 recommendation of the State Board of Education, or for cause. 20 (4) Boards of trustees' members shall be appointed for 21 staggered 4-year terms, and may be reappointed for additional 22 terms not to exceed 8 years of service. 23 (3)(5) Each board of trustees shall select its chair 24 and vice chair from the appointed members at its first regular 25 meeting after July 1. The chair shall serve for 2 years and 26 may be reselected for one additional consecutive term. The 27 duties of the chair shall include presiding at all meetings of 28 the board of trustees, calling special meetings of the board 29 of trustees, and attesting to actions of the board of 30 trustees, and notifying the Governor in writing whenever a 31 board member fails to attend three consecutive regular board 6 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 meetings in any fiscal year, which failure may be grounds for 2 removal. The duty of the vice chair is to act as chair during 3 the absence or disability of the chair. 4 (4)(6) The university president shall serve as 5 executive officer and corporate secretary of the board of 6 trustees and shall be responsible to the board of trustees for 7 all operations of the university and for setting the agenda 8 for meetings of the board of trustees in consultation with the 9 chair. 10 Section 7. Subsection (19) of section 1001.74, Florida 11 Statutes, is amended to read: 12 1001.74 Powers and duties of university boards of 13 trustees.-- 14 (19) Each board of trustees shall establish the 15 personnel program for all employees of the university, 16 including the president, pursuant to the provisions of chapter 17 1012 and, in accordance with rules and guidelines of the State 18 Board of Education, including: compensation and other 19 conditions of employment, recruitment and selection, 20 nonreappointment, standards for performance and conduct, 21 evaluation, benefits and hours of work, leave policies, 22 recognition and awards, inventions and works, travel, learning 23 opportunities, exchange programs, academic freedom and 24 responsibility, promotion, assignment, demotion, transfer, 25 tenure and permanent status, ethical obligations and conflicts 26 of interest, restrictive covenants, disciplinary actions, 27 complaints, appeals and grievance procedures, and separation 28 and termination from employment. The Department of Management 29 Services shall retain authority over state university 30 employees for programs established in ss. 110.123, 110.161, 31 110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and 7 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 238. 2 Section 8. Subsection (5) of section 1004.24, Florida 3 Statutes, is amended to read: 4 1004.24 State Board of Education authorized to secure 5 liability insurance.-- 6 (5) Each self-insurance program council shall make 7 provision for an annual financial audit pursuant to s. 11.45 8 postaudit of its financial accounts to be conducted by an 9 independent certified public accountant. The annual audit 10 report must include a management letter and shall be submitted 11 to the State Board of Education for review. The State Board of 12 Education shall have the authority to require and receive from 13 the self-insurance program council or from its independent 14 auditor any detail or supplemental data relative to the 15 operation of the self-insurance program. 16 Section 9. Subsections (1) and (5) of section 1004.26, 17 Florida Statutes, are amended to read: 18 1004.26 University student governments.-- 19 (1) A student government is created on the main campus 20 of each state university. In addition, each university board 21 of trustees may establish a student government on any branch 22 campus or center. Each student government is a part of the 23 university at which it is established. 24 (5) Each student government is a part of the 25 university at which it is established. If an internal 26 procedure of the university student government is disapproved 27 by the university president under s. 229.0082(15), a member of 28 the university board of trustees may request a review of the 29 disapproved procedure at the next meeting of the board of 30 trustees. 31 Section 10. Paragraph (f) is added to subsection (1), 8 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 paragraphs (a) and (b) of subsection (2) are amended, and 2 paragraph (d) is added to subsection (2) of section 1009.21, 3 Florida Statutes, to read: 4 1009.21 Determination of resident status for tuition 5 purposes.--Students shall be classified as residents or 6 nonresidents for the purpose of assessing tuition in community 7 colleges and state universities. 8 (1) As used in this section: 9 (f) The term "initial enrollment" means the first day 10 of class. 11 (2)(a) To qualify as a resident for tuition purposes: 12 1. A person or, if that person is a dependent child, 13 his or her parent or parents must have established legal 14 residence in this state and must have maintained legal 15 residence in this state for at least 12 months immediately 16 prior to his or her initial enrollment at an institution of 17 higher education qualification. 18 2. Every applicant for admission to an institution of 19 higher education shall be required to make a statement as to 20 his or her length of residence in the state and, further, 21 shall establish that his or her presence or, if the applicant 22 is a dependent child, the presence of his or her parent or 23 parents in the state currently is, and during the requisite 24 12-month qualifying period was, for the purpose of maintaining 25 a bona fide domicile, rather than for the purpose of 26 maintaining a mere temporary residence or abode incident to 27 enrollment in an institution of higher education. 28 (b) However, with respect to a dependent child living 29 with an adult relative other than the child's parent, such 30 child may qualify as a resident for tuition purposes if the 31 adult relative is a legal resident who has maintained legal 9 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 residence in this state for at least 12 months immediately 2 prior to the child's initial enrollment at an institution of 3 higher learning qualification, provided the child has resided 4 continuously with such relative for the 5 years immediately 5 prior to the child's initial enrollment at an institution of 6 higher learning qualification, during which time the adult 7 relative has exercised day-to-day care, supervision, and 8 control of the child. 9 (d) An individual who is classified as a nonresident 10 for tuition purposes may become eligible for reclassification 11 as a resident for tuition purposes if that individual or, if 12 that individual is a dependent child, his or her parents, 13 presents documentation that supports permanent residency in 14 this state, such as documentation of permanent full-time 15 employment for the previous 12 months or the purchase of a 16 home in this state and residence in the state for the prior 12 17 months. 18 Section 11. Board of Governors.-- 19 (1) Pursuant to Section 7(d), Article IX of the State 20 Constitution, the Board of Governors is established as a body 21 corporate comprised of 17 members as follows: 14 citizen 22 members appointed by the Governor and subject to confirmation 23 by the Senate, the Commissioner of Education, the chair of the 24 advisory council of faculty senates or the equivalent, and the 25 president of the Florida Student Association or the 26 equivalent. The appointed members shall be appointed to serve 27 staggered 7-year terms. In order to achieve staggered terms, 28 beginning July 1, 2003, of the initial appointments, four 29 members shall be appointed to serve 6-year terms, five members 30 shall be appointed to serve 5-year terms, and five members 31 shall be appointed to serve 4-year terms. 10 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 (2) Members of the Board of Governors shall receive no 2 compensation but may be reimbursed for travel and per diem 3 expenses as provided in section 112.061, Florida Statutes. 4 (3) The Board of Governors is subject to Section 24, 5 Article I of the State Constitution, chapter 119, Florida 6 Statutes, and section 286.011, Florida Statutes. 7 Section 12. Subsection (12) of section 1009.24, 8 Florida Statutes, is amended to read: 9 1009.24 State university student fees.-- 10 (12) Each university board of trustees is authorized 11 to establish the following fees: 12 (a) A nonrefundable application fee in an amount not 13 to exceed $30. 14 (b) A nonrefundable admissions deposit for 15 undergraduate and graduate degree programs in an amount not to 16 exceed $200. The admissions deposit shall be imposed at the 17 time of a student's acceptance to the university and shall be 18 applied to the student's tuition upon enrollment. In the event 19 that a student does not enroll in the university, the 20 admissions deposit shall be deposited in an auxiliary account 21 of the university and used to expand financial aid, 22 scholarships, financial assistance, and student academic and 23 career counseling services at the university. 24 (c)(b) An orientation fee in an amount not to exceed 25 $35. 26 (d)(c) A fee for security, access, or identification 27 cards. The annual fee for such a card may not exceed $10 per 28 card. The maximum amount charged for a replacement card may 29 not exceed $15. 30 (e)(d) Registration fees for audit and zero-hours 31 registration; a service charge, which may not exceed $15, for 11 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 the payment of tuition in installments; and a 2 late-registration fee in an amount not less than $50 nor more 3 than $100 to be imposed on students who fail to initiate 4 registration during the regular registration period. 5 (f)(e) A late-payment fee in an amount not less than 6 $50 nor more than $100 to be imposed on students who fail to 7 pay or fail to make appropriate arrangements to pay (by means 8 of installment payment, deferment, or third-party billing) 9 tuition by the deadline set by each university. Each 10 university may adopt specific procedures or policies for 11 waiving the late-payment fee for minor underpayments. 12 (g)(f) A fee for miscellaneous health-related charges 13 for services provided at cost by the university health center 14 which are not covered by the health fee set under subsection 15 (10). 16 (h)(g) Materials and supplies fees to offset the cost 17 of materials or supplies that are consumed in the course of 18 the student's instructional activities, excluding the cost of 19 equipment replacement, repairs, and maintenance. 20 (i)(h) Housing rental rates and miscellaneous housing 21 charges for services provided by the university at the request 22 of the student. 23 (j)(i) A charge representing the reasonable cost of 24 efforts to collect payment of overdue accounts. 25 (k)(j) A service charge on university loans in lieu of 26 interest and administrative handling charges. 27 (l)(k) A fee for off-campus course offerings when the 28 location results in specific, identifiable increased costs to 29 the university. 30 (m)(l) Library fees and fines, including charges for 31 damaged and lost library materials, overdue reserve library 12 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 books, interlibrary loans, and literature searches. 2 (n)(m) Fees relating to duplicating, photocopying, 3 binding, and microfilming; copyright services; and 4 standardized testing. These fees may be charged only to those 5 who receive the services. 6 (o)(n) Fees and fines relating to the use, late 7 return, and loss and damage of facilities and equipment. 8 (p)(o) A returned-check fee as authorized by s. 9 832.07(1) for unpaid checks returned to the university. 10 (q)(p) Traffic and parking fines, charges for parking 11 decals, and transportation access fees. 12 (r)(q) An Educational Research Center for Child 13 Development fee for child care and services offered by the 14 center. 15 (s)(r) Fees for transcripts and diploma replacement, 16 not to exceed $10 per item. 17 Section 13. Effective upon this act becoming a law and 18 applicable retroactive to January 7, 2003, section 1010.10, 19 Florida Statutes, is created to read: 20 1010.10 Florida Uniform Management of Institutional 21 Funds Act.-- 22 (1) SHORT TITLE.--This section may be cited as the 23 "Florida Uniform Management of Institutional Funds Act." 24 (2) DEFINITIONS.--As used in this section, the term: 25 (a) "Endowment fund" means an institutional fund, or 26 any part thereof, not wholly expendable by the institution on 27 a current basis under the terms of the applicable gift 28 instrument. 29 (b) "Governing board" means the body responsible for 30 the management of an institution or of an institutional fund. 31 (c) "Institution" means an incorporated or 13 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 unincorporated organization organized and operated exclusively 2 for the advancement of educational purposes, or a governmental 3 entity to the extent that it holds funds exclusively for 4 educational purposes. 5 (d) "Institutional fund" means a fund held by an 6 institution for its exclusive use, benefit, or purposes. The 7 term excludes a fund held for an institution by a trustee that 8 is not an institution. The term also excludes a fund in which 9 a beneficiary that is not an institution has an interest, 10 other than possible rights that could arise upon violation or 11 failure of the purposes of the fund. 12 (e) "Instrument" means a will; deed; grant; 13 conveyance; agreement; memorandum; electronic record; writing; 14 or other governing document, including the terms of any 15 institutional solicitations from which an institutional fund 16 resulted, under which property is transferred to or held by an 17 institution as an institutional fund. 18 (3) EXPENDITURE OF ENDOWMENT FUNDS.-- 19 (a) A governing board may expend so much of an 20 endowment fund as the governing board determines to be prudent 21 for the uses and purposes for which the endowment fund is 22 established, consistent with the goal of conserving the 23 purchasing power of the endowment fund. In making its 24 determination the governing board shall use reasonable care, 25 skill, and caution in considering the following: 26 1. The purposes of the institution; 27 2. The intent of the donors of the endowment fund; 28 3. The terms of the applicable instrument; 29 4. The long-term and short-term needs of the 30 institution in carrying out its purposes; 31 5. The general economic conditions; 14 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 6. The possible effect of inflation or deflation; 2 7. The other resources of the institution; and 3 8. Perpetuation of the endowment. 4 5 Expenditures made under this paragraph will be considered 6 prudent if the amount expended is consistent with the goal of 7 preserving the purchasing power of the endowment fund. 8 (b) A restriction upon the expenditure of an endowment 9 fund may not be implied from a designation of a gift as an 10 endowment or from a direction or authorization in the 11 instrument to use only "income," "interest," "dividends," or 12 "rents, issues or profits," or "to preserve the principal 13 intact," or words of similar import. 14 (c) The provisions of paragraph (a) shall not apply to 15 instruments if the instrument so indicates by stating, "I 16 direct that the expenditure provision of paragraph (a) of 17 subsection (3) of the Florida Uniform Management of 18 Institutional Funds Act not apply to this gift" or words of 19 similar import. 20 (d) This subsection does not limit the authority of a 21 governing board to expend funds as permitted under other law, 22 the terms of the instrument, or the charter of the 23 institution. 24 (e) Except as otherwise provided, this subsection 25 applies to instruments executed or in effect before or after 26 the effective date of this section. 27 (4) STANDARD OF CONDUCT.-- 28 (a) Members of a governing board shall invest and 29 manage an institutional fund as a prudent investor would, by 30 considering the purposes, distribution requirements, and other 31 circumstances of the fund. In satisfying this standard, the 15 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 governing board shall exercise reasonable care, skill, and 2 caution. 3 (b) A governing board's investment and management 4 decisions about individual assets shall be made not in 5 isolation but in the context of the institutional fund's 6 portfolio of investments as a whole and as a part of an 7 overall investment strategy that provides risk and return 8 objectives reasonably suited to the fund and to the 9 institution. 10 (c) Among circumstances that a governing board shall 11 consider are: 12 1. Long-term and short-term needs of the institution 13 in carrying out its purposes; 14 2. Its present and anticipated financial resources; 15 3. General economic conditions; 16 4. The possible effect of inflation or deflation; 17 5. The expected tax consequences, if any, of 18 investment decisions or strategies; 19 6. The role that each investment or course of action 20 plays within the overall investment portfolio of the 21 institutional fund; 22 7. The expected total return from income and the 23 appreciation of its investments; 24 8. Other resources of the institution; 25 9. The needs of the institution and the institutional 26 fund for liquidity, regularity of income, and preservation or 27 appreciation of capital; and 28 10. An asset's special relationship or special value, 29 if any, to the purposes of the applicable gift instrument or 30 to the institution. 31 (d) A governing board shall make a reasonable effort 16 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 to verify the facts relevant to the investment and management 2 of institutional fund assets. 3 (e) A governing board shall diversify the investments 4 of an institutional fund unless the board reasonably 5 determines that, because of special circumstances, the 6 purposes of the fund are better served without diversifying. 7 (f) A governing board shall invest and manage the 8 assets of an institutional fund solely in the interest of the 9 institution. 10 (5) INVESTMENT AUTHORITY.--In addition to an 11 investment otherwise authorized by law or by the applicable 12 gift instrument, and without restriction to investments a 13 fiduciary may make, the governing board, subject to any 14 specific limitations in the applicable gift instrument or in 15 the applicable law, other than law relating to investments by 16 a fiduciary: 17 (a) Within a reasonable time after receiving property, 18 shall review the property and make and implement decisions 19 concerning the retention and disposition of the assets, in 20 order to bring the portfolio of the institutional fund into 21 compliance with the purposes, terms, distribution 22 requirements, and other circumstances of the institution, and 23 with the requirements of this section; 24 (b) May invest in any kind of property or type of 25 investment consistent with the standards of this section; 26 (c) May include all or any part of an institutional 27 fund in any pooled or common fund maintained by the 28 institution; and 29 (d) May invest all or any part of the institutional 30 fund in any other pooled or common fund available for 31 investment, including shares or interests in regulated 17 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 investment companies, mutual funds, common trust funds, 2 investment partnerships, real estate investment trusts, or 3 similar organizations in which funds are commingled and 4 investment determinations are made by persons other than the 5 governing board. 6 (6) DELEGATION OF INVESTMENT MANAGEMENT.-- 7 (a) Except as otherwise provided by applicable law 8 relating to governmental institutions or funds, a governing 9 board may delegate investment and management functions that a 10 prudent governing body could properly delegate under the 11 circumstances. A governing board shall exercise reasonable 12 care, skill, and caution in: 13 1. Selecting an agent; 14 2. Establishing the scope and terms of the delegation, 15 consistent with the purposes of the institutional fund; and 16 3. Periodically reviewing the agent's actions to 17 monitor the agent's performance and the agent's compliance 18 with the terms of the delegation. 19 (b) In performing a delegated function, an agent owes 20 a duty to the governing board to exercise reasonable care to 21 comply with the terms of the delegation. 22 (c) The members of a governing board who comply with 23 the requirements of paragraph (a) are not liable for the 24 decisions or actions of the agent to whom the function was 25 delegated. 26 (d) By accepting the delegation of an investment or 27 management function from a governing board of an institution 28 that is subject to the laws of this state, an agent submits to 29 the jurisdiction of the courts of this state in all actions 30 arising from the delegation. 31 (7) INVESTMENT COSTS.--In investing and managing trust 18 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 assets, a governing board may only incur costs that are 2 appropriate and reasonable in relation to the assets and the 3 purposes of the institution. 4 (8) RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.-- 5 (a) With the written consent of the donor, a governing 6 board may release, in whole or in part, a restriction imposed 7 by the applicable instrument on the use or investment of an 8 institutional fund. 9 (b) If written consent of the donor cannot be obtained 10 by reason of the donor's death, disability, unavailability, or 11 impossibility of identification, a governing board may 12 release, in whole or in part, a restriction imposed by the 13 applicable instrument on the use or investment of an 14 institutional fund if the fund has a total value of less than 15 $100,000 and if the governing board, in its fiduciary 16 judgment, concludes that the value of the fund is insufficient 17 to justify the cost of administration as a separate 18 institutional fund. 19 (c) If written consent of the donor cannot be obtained 20 by reason of the donor's death, disability, unavailability, or 21 impossibility of identification, a governing board may apply 22 in the name of the institution to the circuit court of the 23 county in which the institution is located for release of a 24 restriction imposed by the applicable instrument on the use or 25 investment of an institutional fund. The Attorney General 26 shall be notified of the application and shall be given an 27 opportunity to be heard. If the court finds that the 28 restriction is unlawful, impracticable, impossible to achieve, 29 or wasteful, it may by order release the restriction in whole 30 or in part. A release under this subsection may not change an 31 endowment fund to a fund that is not an endowment fund. 19 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 (d) A release under this subsection may not allow a 2 fund to be used for purposes other than the educational 3 purposes of the institution affected. 4 (e) This subsection does not limit the application of 5 the doctrine of cy pres. 6 (9) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This 7 act shall be applied and construed so as to effectuate its 8 general purpose to make uniform the law with respect to the 9 subject of this act among those states which enact it. 10 Section 14. Section 1011.94, Florida Statutes, is 11 amended to read: 12 1011.94 Trust Fund for University Major Gifts.-- 13 (1) There is established a Trust Fund for University 14 Major Gifts. The purpose of the trust fund is to enable each 15 university and New College to provide donors with an incentive 16 in the form of matching grants for donations for the 17 establishment of permanent endowments and sales tax exemption 18 matching funds received pursuant to s. 212.08(5)(j), which 19 must be invested, with the proceeds of the investment used to 20 support university priorities as established by the university 21 board of trustees libraries and instruction and research 22 programs, as defined by the State Board of Education. All 23 funds appropriated for the challenge grants, new donors, major 24 gifts, sales tax exemption matching funds pursuant to s. 25 212.08(5)(j), or eminent scholars program must be deposited 26 into the trust fund and invested pursuant to s. 18.125 until 27 the Board of Governors State Board of Education allocates the 28 funds to universities to match private donations. 29 Notwithstanding s. 216.301 and pursuant to s. 216.351, any 30 undisbursed balance remaining in the trust fund and interest 31 income accruing to the portion of the trust fund which is not 20 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 matched and distributed to universities must remain in the 2 trust fund and be used to increase the total funds available 3 for challenge grants. Funds deposited in the trust fund for 4 the sales tax exemption matching program authorized in s. 5 212.08(5)(j), and interest earnings thereon, shall be 6 maintained in a separate account within the Trust Fund for 7 University Major Gifts, and may be used only to match 8 qualified sales tax exemptions that a certified business 9 designates for use by state universities and community 10 colleges to support research and development projects 11 requested by the certified business. The Board of Governors 12 State Board of Education may authorize any university to 13 encumber the state matching portion of a challenge grant from 14 funds available under s. 1011.45. 15 (2) The Board of Governors State Board of Education 16 shall specify the process for submission, documentation, and 17 approval of requests for matching funds, accountability for 18 endowments and proceeds of endowments, allocations to 19 universities, restrictions on the use of the proceeds from 20 endowments, and criteria used in determining the value of 21 donations. 22 (3)(a) The Board of Governors State Board of Education 23 shall allocate the amount appropriated to the trust fund to 24 each university and New College based on the amount of the 25 donation and the restrictions applied to the donation. 26 (b) Donations for a specific purpose must be matched 27 in the following manner: 28 1. Each university that raises at least $100,000 but 29 no more than $599,999 from a private source must receive a 30 matching grant equal to 50 percent of the private 31 contribution. 21 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 2. Each university that raises a contribution of at 2 least $600,000 but no more than $1 million from a private 3 source must receive a matching grant equal to 70 percent of 4 the private contribution. 5 3. Each university that raises a contribution in 6 excess of $1 million but no more than $1.5 million from a 7 private source must receive a matching grant equal to 75 8 percent of the private contribution. 9 4. Each university that raises a contribution in 10 excess of $1.5 million but no more than $2 million from a 11 private source must receive a matching grant equal to 80 12 percent of the private contribution. 13 5. Each university that raises a contribution in 14 excess of $2 million from a private source must receive a 15 matching grant equal to 100 percent of the private 16 contribution. 17 6. The amount of matching funds used to match a single 18 gift in any given year shall be limited to $3 million. The 19 total amount of matching funds available for any single gift 20 shall be limited to $15 million, to be distributed in equal 21 amounts of $3 million per year over a period of 5 years. 22 (c) The Board of Governors State Board of Education 23 shall encumber state matching funds for any pledged 24 contributions, pro rata, based on the requirements for state 25 matching funds as specified for the particular challenge grant 26 and the amount of the private donations actually received by 27 the university for the respective challenge grant. 28 (4) Matching funds may be provided for contributions 29 encumbered or pledged under the Eminent Scholars Act prior to 30 July 1, 1994, and for donations or pledges of any amount equal 31 to or in excess of the prescribed minimums which are pledged 22 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 for the purpose of this section. 2 (5)(a) Each university foundation and New College 3 Foundation shall establish a challenge grant account for each 4 challenge grant as a depository for private contributions and 5 state matching funds to be administered on behalf of the Board 6 of Governors State Board of Education, the university, or New 7 College. State matching funds must be transferred to a 8 university foundation or New College Foundation upon 9 notification that the university or New College has received 10 and deposited the amount specified in this section in a 11 foundation challenge grant account. 12 (b) The foundation serving a university and New 13 College Foundation each has the responsibility for the 14 maintenance and investment of its challenge grant account and 15 for the administration of the program on behalf of the 16 university or New College, pursuant to procedures specified by 17 the Board of Governors State Board of Education. Each 18 foundation shall include in its annual report to the Board of 19 Governors State Board of Education information concerning 20 collection and investment of matching gifts and donations and 21 investment of the account. 22 (c) A donation of at least $600,000 and associated 23 state matching funds may be used to designate an Eminent 24 Scholar Endowed Chair pursuant to procedures specified by the 25 Board of Governors State Board of Education. 26 (6) The donations, state matching funds, or proceeds 27 from endowments established under this section may not be 28 expended for the construction, renovation, or maintenance of 29 facilities or for the support of intercollegiate athletics. 30 Section 15. Section 1004.383, Florida Statutes, is 31 created to read: 23 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 1004.383 Chiropractic medicine degree program at the 2 Florida State University.--A chiropractic medicine degree 3 program is authorized at Florida State University. 4 Section 16. Section 460.4062, Florida Statutes, is 5 created to read: 6 460.4062 Chiropractic medicine faculty certificate.-- 7 (1) The Department of Health may issue a chiropractic 8 medicine faculty certificate without examination to an 9 individual who remits a nonrefundable application fee, not to 10 exceed $100 as determined by rule of the Board of Chiropractic 11 Medicine, and who demonstrates to the Board of Chiropractic 12 Medicine that he or she meets the following requirements: 13 (a) Is a graduate of an accredited school or college 14 of chiropractic accredited by the Council on Chiropractic 15 Education. 16 (b) Holds a valid current license to practice 17 chiropractic in another jurisdiction in the United States. 18 (c) Is at least 21 years of age and of good moral 19 character. 20 (d) Has not committed any act or offense in any 21 jurisdiction which would constitute the basis for discipline 22 under chapter 456 or chapter 460. 23 (e) Has been offered and has accepted a full-time 24 faculty appointment to teach in a program of chiropractic 25 medicine at a state university. 26 (f) Provides a certification from the dean of the 27 college that he or she has accepted the offer of a full-time 28 faculty appointment to teach at Florida State University. 29 (2) The certificate shall authorize the holder to 30 practice only in conjunction with his or her faculty position 31 at Florida State University and its affiliated clinics that 24 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 are registered with the Board of Chiropractic Medicine as 2 sites at which holders of chiropractic medicine faculty 3 certificates will be practicing. Such certificates shall 4 automatically expire upon termination of the holder's 5 relationship with the school or after a period of 2 years, 6 whichever occurs first. 7 (3) The holder of a faculty certificate may engage in 8 the practice of chiropractic medicine as permitted by this 9 section. 10 (4) Notwithstanding subsection (2), a chiropractic 11 medicine faculty certificate is renewable every 2 years by a 12 holder who applies to the Board of Chiropractic Medicine on a 13 form prescribed by the Board of Chiropractic Medicine and who 14 continues to satisfy the requirements set forth in subsection 15 (1). 16 Section 17. Beginning in 2005 and annually thereafter, 17 the University of South Florida shall play the University of 18 Central Florida in college football. The game shall take place 19 at the home venue or stadium of either the University of South 20 Florida or the University of Central Florida in 2005 with the 21 home site of the game alternating between the schools annually 22 thereafter. 23 Section 18. Section 1001.71(1),(3), and (4), Florida 24 Statutes, as created by section 83, chapter 2002-387, Laws of 25 Florida, and as amended by section 2, chapter 2002-188, Laws 26 of Florida, is repealed. 27 Section 19. Remuneration of state university 28 presidents; limitations.-- 29 (1) DEFINITIONS.--As used in this section, the term: 30 (a) "Public funds" means funds appropriated from the 31 General Revenue Fund, funds appropriated from state trust 25 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 funds, tuition and fees, or any funds from a state university 2 trust fund regardless of repository. 3 (b) "Remuneration" means salary, bonuses, and 4 cash-equivalent compensation paid to a state university 5 president by his or her employer for work performed, excluding 6 health insurance benefits and retirement benefits. 7 (c) "Cash-equivalent compensation" means any benefit 8 that may be assigned an equivalent cash value. 9 (2) LIMITATIONS ON COMPENSATION.--Notwithstanding any 10 other law, resolution, or rule to the contrary, a state 11 university president may not receive more than $225,000 in 12 remuneration annually from public funds. Only compensation, as 13 such term is defined in section 121.02(22), Florida Statutes, 14 provided to a state university president may be used in 15 calculating benefits under chapter 121, Florida Statutes. 16 (3) EXCEPTIONS.--This section does not prohibit any 17 party from providing cash or cash-equivalent compensation from 18 funds that are not public funds to a state university 19 president in excess of the limit in subsection (2). If a party 20 is unable or unwilling to fulfill an obligation to provide 21 cash or cash-equivalent compensation to a state university 22 president as permitted under this subsection, public funds may 23 not be used to fulfill such obligation. 24 (4) APPLICATION.--This section applies only to 25 contracts or contract extensions that are executed or have an 26 effective date on or after the effective date of this section. 27 Section 20. Except as otherwise expressly provided in 28 this act, this act shall take effect upon becoming a law 29 30 31 26 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 An act relating to state universities; amending 7 s. 17.076, F.S.; providing an exception to a 8 public-records exemption; requiring a state 9 university to maintain confidentiality of 10 certain records; amending s. 110.161, F.S.; 11 defining employee for purposes of the pretax 12 benefits program to include state university 13 employees; amending s. 112.215, F.S.; defining 14 employee for purposes of the deferred 15 compensation program to include employees of 16 the state university board of trustees; 17 amending s. 287.064, F.S.; authorizing the 18 participation of state universities in 19 consolidated financing of deferred-payment 20 purchases; amending s. 440.38, F.S.; providing 21 that a state university is a self-insurer for 22 purposes of workers' compensation coverage; 23 amending s. 1001.71, F.S.; revising membership 24 and terms of office of the university boards of 25 trustees; amending s. 1001.74, F.S.; providing 26 that Department of Management Services retains 27 authority over state university employees for 28 purposes of the pretax benefits program; 29 amending s. 1004.24, F.S.; providing for a 30 financial audit pursuant to s. 11.45, F.S., for 31 the self-insurance program; amending s. 27 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 1004.26, F.S.; conforming university oversight 2 of student government; amending s. 1009.21, 3 F.S.; revising criteria to establish residency 4 for tuition purposes; revising criteria for 5 reclassification of residency for tuition 6 purposes; establishing the Board of Governors; 7 providing membership and terms of office; 8 providing for members to be reimbursed for 9 travel and per diem expenses; amending s. 10 1009.24, F.S.; authorizing a nonrefundable 11 admissions deposit; creating s. 1010.10, F.S.; 12 creating the Florida Uniform Management of 13 Institutional Funds Act; providing definitions; 14 providing for expenditure of endowment funds by 15 a governing board; providing for a standard of 16 conduct; providing investment authority; 17 providing for delegation of investment 18 management; providing for investment costs; 19 providing for uniformity of application and 20 construction; amending s. 1011.94, F.S.; 21 relating to the Trust Fund for University Major 22 Gifts; revising provisions relating to use of 23 proceeds; replacing references to State Board 24 of Education with Board of Governors; providing 25 limitations on matching funds; creating s. 26 1004.383, F.S.; authorizing a chiropractic 27 medicine degree program at Florida State 28 University; creating s. 460.4062, F.S.; 29 authorizing the Department of Health to issue a 30 chiropractic medicine faculty certificate for a 31 certain chiropractic faculty; authorizing a 28 4:23 PM 04/30/03 h0319.ed22.w8
SENATE AMENDMENT Bill No. HB 319, 1st Eng. Amendment No. ___ Barcode 234806 1 fee; providing requirements; providing for 2 renewal and expiration of certificates; 3 requiring the University of South Florida and 4 the University of Central Florida to play 5 college football; repealing s. 1001.71(1), (3), 6 and (4), relating to a state university board 7 of trustees; defining the terms "public funds," 8 "remuneration," and "cash equivalent 9 compensation"; limiting the annual remuneration 10 of a state university president to $225,000 11 from public funds; providing certain 12 limitations on benefits for state university 13 presidents under the Florida Retirement System; 14 authorizing a party to provide cash or 15 cash-equivalent compensation in excess of 16 annual limit from nonpublic funds; eliminating 17 any state obligation to provide cash or 18 cash-equivalent compensation for state 19 university presidents under certain 20 circumstances; providing for prospective 21 application; providing an effective date 22 23 24 25 26 27 28 29 30 31 29 4:23 PM 04/30/03 h0319.ed22.w8