Senate Bill sb2884e1

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  1                      A bill to be entitled

  2         An act relating to state universities; amending

  3         s. 1004.55, F.S.; relocating regional autism

  4         centers for certain counties; amending s.

  5         1009.531, F.S.; revising eligibility criteria

  6         for the Florida Bright Futures Scholarship

  7         Program; creating s. 1011.901, F.S.; awarding

  8         incentive funds to state universities;

  9         requiring the Board of Governors to allocate

10         incentive awards to university boards of

11         trustees; requiring targeting of critical

12         occupations and discipline areas; requiring an

13         annual report to the Governor and the

14         Legislature; amending s. 1009.24, F.S.;

15         requiring university boards of trustees to

16         provide students with a billing statement that

17         reflects the true cost of the student's

18         education; requiring university boards of

19         trustees to develop proposals for block tuition

20         and fee policies and to charge certain students

21         the full cost of education per credit hour;

22         providing certain exceptions; requiring

23         legislative authorization to implement

24         policies; amending s. 1011.94, F.S.; amending

25         the Trust Fund for University Major Gifts;

26         giving authority to the Board of Governors;

27         revising provisions regarding matches for

28         donations; deleting references to New College;

29         designating the Student Union Building at the

30         University of North Florida as the "James E.

31         "Jim" and Linda King, Jr., Student Union


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 1         Building"; designating the proposed entrance

 2         pavilion at the John and Mabel Ringling Museum

 3         of Art at the Florida State University Ringling

 4         Center for Cultural Arts as the "John M. McKay

 5         Visitors' Pavilion"; authorizing the erection

 6         of suitable markers; creating the

 7         Florida-Scripps Research Compact; providing an

 8         appropriation; creating s. 1004.451, F.S.;

 9         creating the Florida State University Center

10         for the Performing Arts direct-support

11         organization; amending s. 121.35, F.S.;

12         authorizing state universities to assume

13         certain responsibilities regarding the optional

14         retirement program; amending s. 121.122, F.S.;

15         authorizing participation by renewed members in

16         specified optional programs; amending s.

17         1001.74, F.S., to conform; providing an

18         effective date.

19  

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

21  

22         Section 1.  Subsections (1) and (3) of section 1004.55,

23  Florida Statutes, are amended to read:

24         1004.55  Regional autism centers.--

25         (1)  Seven Six regional autism centers are established

26  to provide nonresidential resource and training services for

27  persons of all ages and of all levels of intellectual

28  functioning who have autism, as defined in s. 393.063; who

29  have a pervasive developmental disorder that is not otherwise

30  specified; who have an autistic-like disability; who have a

31  dual sensory impairment; or who have a sensory impairment with


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 1  other handicapping conditions. Each center shall be

 2  operationally and fiscally independent and shall provide

 3  services within its geographical region of the state. Each

 4  center shall coordinate services within and between state and

 5  local agencies and school districts but may not duplicate

 6  services provided by those agencies or school districts.  The

 7  respective locations and service areas of the centers are:

 8         (a)  The Department of Communication Disorders at

 9  Florida State University, which serves Bay, Calhoun, Escambia,

10  Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,

11  Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,

12  Walton, and Washington Counties.

13         (b)  The College of Medicine at the University of

14  Florida, which serves Alachua, Bradford, Citrus, Columbia,

15  Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion,

16  Putnam, Suwannee, and Union Counties.

17         (c)  The University of Florida Health Science Center at

18  Jacksonville, which serves Baker, Clay, Duval, Flagler,

19  Nassau, and St. Johns Counties.

20         (d)  The Louis de la Parte Florida Mental Health

21  Institute at the University of South Florida, which serves

22  Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,

23  Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee,

24  Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

25         (e)  The Mailman Center for Child Development at the

26  University of Miami, which serves Broward, Dade and, Monroe,

27  and Palm Beach Counties.

28         (f)  The College of Health and Public Affairs at the

29  University of Central Florida, which serves Brevard, Lake,

30  Orange, Osceola, Seminole, Sumter, and Volusia Counties.

31  


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 1         (g)  The Department of Exceptional Student Education at

 2  Florida Atlantic University, which serves Palm Beach, Martin,

 3  St. Lucie, Okeechobee, and Indian River Counties.

 4         (3)  To promote statewide planning and coordination, a

 5  conference must be held annually for staff from each of the

 6  seven five centers and representatives from each center's

 7  constituency board. The purpose of the conference is to

 8  facilitate coordination, networking, cross-training, and

 9  feedback among the staffs and constituency boards of the

10  centers.

11         Section 2.  Paragraph (b) of subsection (1) of section

12  1009.531, Florida Statutes, is amended to read:

13         1009.531  Florida Bright Futures Scholarship Program;

14  student eligibility requirements for initial awards.--

15         (1)  To be eligible for an initial award from any of

16  the three types of scholarships under the Florida Bright

17  Futures Scholarship Program, a student must:

18         (b)  Earn a standard Florida high school diploma or its

19  equivalent as described in s. 1003.429, s. 1003.43, or s.

20  1003.435 unless:

21         1.  The student is enrolled full time in the early

22  admission program of an eligible postsecondary education

23  institution or completes a home education program according to

24  s. 1002.41; or

25         2.  The student earns a high school diploma from a

26  non-Florida school while living with a parent or guardian who

27  is on military or public service assignment away from Florida.

28         Section 3.  Section 1011.901, Florida Statutes, is

29  created to read:

30         1011.901  Incentive funding for targeted degree

31  production at state universities.--


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 1         (1)  INCENTIVE FUNDING FOR INCREASED DEGREE PRODUCTION

 2  IN CRITICAL AREAS.--Subject to legislative appropriation, the

 3  Board of Governors shall annually allocate an amount specified

 4  in the General Appropriations Act as incentive awards to

 5  individual university boards of trustees for establishing

 6  programs, policies, and procedures that lead to increased

 7  degree production in academic discipline areas deemed critical

 8  to future job growth needs of this state.

 9         (2)  TARGETED CRITICAL AREAS DURING THE 2004-2005

10  FISCAL YEAR.--The targeted academic discipline areas deemed

11  critical to future job growth needs of this state for the

12  2004-2005 fiscal year shall be:

13         (a)  Teaching;

14         (b)  Nursing;

15         (c)  Engineering; and

16         (d)  Information Technology.

17         (3)  ALLOCATION OF INCENTIVE AWARDS FOR THE 2004-2005

18  FISCAL YEAR.--

19         (a) By July 15, 2004, the Board of Governors, in

20  conjunction with the individual university boards of trustees,

21  shall identify the specific academic disciplines and the

22  appropriate upper-level and graduate-level academic courses

23  that articulate to the targeted career areas identified in

24  subsection (2).

25         (b)  Prior to allocating any appropriated incentive

26  awards, the Board of Governors shall establish a base from the

27  2003-2004 full-time equivalent student enrollments in the

28  upper-level and graduate-level academic courses identified

29  pursuant to this subsection and taken by students who are

30  officially seeking an undergraduate or graduate degree in the

31  


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 1  targeted academic disciplines identified pursuant to this

 2  subsection.

 3         (c)  By August 15, 2004, the Board of Governors shall

 4  develop a methodology for allocating any appropriated

 5  incentive awards for the 2004-2005 fiscal year based on a

 6  prorated share of the actual number of full-time equivalent

 7  student enrollment growth above the base year. Any

 8  appropriated funds for incentives which are not awarded by the

 9  end of the fiscal year shall revert to the General Revenue

10  Fund unallocated.

11         (4)  TARGETED CRITICAL AREAS DURING THE 2005-2006

12  FISCAL YEAR AND THEREAFTER.--

13         (a)  By October 1, 2004, the Board of Governors, in

14  consultation with the Agency for Workforce Innovation,

15  Workforce Florida, Inc., and Enterprise Florida, Inc., shall

16  develop a multiyear forecasting mechanism for identifying

17  occupations in areas that may require an increase in

18  undergraduate and graduate degree production. By October 1 of

19  each year, such forecasting shall identify occupations with

20  the largest unmet growth rates as well as the highest wage

21  potential for subsequent years.

22         (b)  By November 1, 2004, the Board of Governors shall

23  develop a methodology for allocating any appropriated

24  incentive awards, beginning with the 2005-2006 fiscal year,

25  based on increasing undergraduate and graduate degree

26  production in academic disciplines linked to occupations

27  identified by the forecast specified in paragraph (a). Any

28  appropriated funds for incentives which are not awarded by the

29  end of the fiscal year shall revert to the General Revenue

30  Fund unallocated.

31  


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 1         (5)  ANNUAL REPORT.--By December 1 of each year, the

 2  Board of Governors shall submit a report to the Governor, the

 3  President of the Senate, and the Speaker of the House of

 4  Representatives which details the implementation of this

 5  section, including any university successes or barriers to

 6  such implementation.

 7         Section 4.  Subsections (15), (16), (17), and (18) are

 8  added to section 1009.24, Florida Statutes, to read:

 9         1009.24  State university student fees.--

10         (15)  Each university board of trustees shall provide

11  every student who is charged tuition and fees with a billing

12  statement at the beginning of each semester which clearly

13  identifies the amount of funding the state and the respective

14  university are paying on behalf of the student to reflect the

15  true costs of the student's education. State funding to the

16  university and state-supported financial assistance shall be

17  itemized and included in the billing statement.  The billing

18  statement required by this subsection may be transmitted to

19  the student by e-mail, web page, or other electronic means.  A

20  sample of the billing statement format shall be submitted to

21  the Board of Governors for its review and approval prior to

22  August 15 of each year.

23         (16)  Each university board of trustees shall develop a

24  proposal to establish a block tuition and fee policy in order

25  to decrease the time required for students to earn their

26  degrees.  The proposals shall not increase costs to students

27  or the state for students participating in the Florida Bright

28  Futures Scholarship Program or the Florida Prepaid College

29  Program. The proposals shall be submitted to the Board of

30  Governors, the Governor, the President of the Senate, and the

31  


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    CS for CS for SB 2884                          First Engrossed



 1  Speaker of the House of Representatives no later than December

 2  15, 2004.

 3         (17)(a)  Each university board of trustees shall

 4  establish a tuition and fee policy, beginning with the

 5  2004-2005 academic year, for students not seeking a degree.

 6  For purposes of this subsection, a student not seeking a

 7  degree is a student who has not been formally admitted to the

 8  university as an undergraduate, graduate, or professional

 9  student. The policy may not be implemented without legislative

10  authorization.

11         (b)  Such policy shall require students who are not

12  seeking a degree to pay the full cost of instruction per

13  credit hour, but shall provide an exemption for the following

14  students:

15         1.  Students who provide documentation that the courses

16  they seek to enroll in are required for professional

17  licensure, certification, or recertification.

18         2.  Active duty military personnel.

19         3.  Retired military personnel within 2 years after

20  retirement.

21         4.  Full-time employees of state agencies or political

22  subdivisions of the state when the employee's tuition and fees

23  are paid by the state agency or political subdivision for the

24  purpose of taking job-related courses.

25         (c)  Student credit hours generated by students who are

26  not seeking a degree, excluding those students who have been

27  provided an exemption pursuant to paragraph (b), shall be

28  identified separately when reporting full-time equivalent

29  student enrollments.

30         (d)  The policy shall be submitted to the Board of

31  Governors for its review and submission to the Governor, the


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 1  President of the Senate, and the Speaker of the House of

 2  Representatives.

 3         (18)(a)  Each university board of trustees shall

 4  establish a tuition and fee policy, beginning with the

 5  2004-2005 academic year, for students who are in excess of the

 6  number of credit hours needed to graduate by more than 15

 7  percent. The policy may not be implemented without legislative

 8  authorization.

 9         (b)  Such policy shall require students who are in

10  excess of the number of credit hours needed to graduate by

11  more than 15 percent to pay the full cost of instruction per

12  credit hour, but shall provide an exemption for the following

13  credit hours earned by students:

14         1.  Credit hours earned through an acceleration

15  mechanism identified in s. 1007.27.

16         2.  Credit hours earned in remedial courses.

17         3.  Credit hours earned in military science courses.

18         4.  Credit hours required to achieve a dual major.

19         5.  Credit hours required to achieve teacher

20  certification that are not credited toward the student's first

21  baccalaureate degree.

22         6.  Credit hours taken by active duty military

23  personnel.

24         7.  Credit hours in courses from which a student must

25  withdraw due to medical or personal hardship reasons.

26         (c)  The policy shall include the following credit

27  hours earned by students for purposes of this subsection:

28         1.  All credit hours for courses taken at the state

29  university from which the student is seeking a degree,

30  including repeated courses and failed courses, except as

31  


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 1  provided in s. 1009.285, and courses that are dropped after

 2  the university's advertised last day of drop and add.

 3         2.  All credit hours earned at another institution and

 4  accepted for transfer.

 5         (d)  Student credit hours generated by students who are

 6  in excess of the number of credit hours needed to graduate by

 7  more than 15 percent, excluding those credit hours identified

 8  in paragraph (b), shall be identified separately when

 9  reporting full-time equivalent student enrollments.

10         (e)  The policy shall be submitted to the Board of

11  Governors for its review and submission to the Governor, the

12  President of the Senate, and the Speaker of the House of

13  Representatives.

14         Section 5.  Section 1011.94, Florida Statutes, is

15  amended to read:

16         1011.94  Trust Fund for University Major Gifts.--

17         (1)  There is established a Trust Fund for University

18  Major Gifts. The purpose of the trust fund is to enable each

19  university and New College to provide donors with an incentive

20  in the form of matching grants for donations for the

21  establishment of permanent endowments and sales tax exemption

22  matching funds received pursuant to s. 212.08(5)(j), which

23  must be invested, with the proceeds of the investment used to

24  support libraries and instruction and research programs, as

25  defined by the Board of Governors State Board of Education.

26  All funds appropriated for the challenge grants, new donors,

27  major gifts, sales tax exemption matching funds pursuant to s.

28  212.08(5)(j), or eminent scholars program must be deposited

29  into the trust fund and invested pursuant to s. 17.61 until

30  the Board of Governors State Board of Education allocates the

31  funds to universities to match private donations.


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 1  Notwithstanding s. 216.301 and pursuant to s. 216.351, any

 2  undisbursed balance remaining in the trust fund and interest

 3  income accruing to the portion of the trust fund which is not

 4  matched and distributed to universities must remain in the

 5  trust fund and be used to increase the total funds available

 6  for challenge grants. Funds deposited in the trust fund for

 7  the sales tax exemption matching program authorized in s.

 8  212.08(5)(j), and interest earnings thereon, shall be

 9  maintained in a separate account within the Trust Fund for

10  University Major Gifts, and may be used only to match

11  qualified sales tax exemptions that a certified business

12  designates for use by state universities and community

13  colleges to support research and development projects

14  requested by the certified business. The State Board of

15  Education may authorize any university to encumber the state

16  matching portion of a challenge grant from funds available

17  under s. 1011.45.

18         (2)  The Board of Governors State Board of Education

19  shall specify the process for submission, documentation, and

20  approval of requests for matching funds, accountability for

21  endowments and proceeds of endowments, allocations to

22  universities, restrictions on the use of the proceeds from

23  endowments, and criteria used in determining the value of

24  donations.

25         (3)(a)  The Board of Governors State Board of Education

26  shall allocate the amount appropriated to the trust fund to

27  each university and New College based on the amount of the

28  donation and the restrictions applied to the donation.

29         (b)  Donations from a private source must be for a

30  specific purpose to support university priorities as

31  


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 1  established by the university's board of trustees and must be

 2  matched in the following manner:

 3         1.  Each university that raises at least $100,000 but

 4  no more than $499,999 $599,999 from a private source must

 5  receive a matching grant equal to 25 50 percent of the private

 6  contribution.

 7         2.  Each university that raises a contribution of at

 8  least $500,000 $600,000 but no more than $999,999 $1 million

 9  from a private source must receive a matching grant equal to

10  50 70 percent of the private contribution.

11         3.  Each university that raises a contribution in

12  excess of at least $1 million but less no more than $3 $1.5

13  million from a private source must receive a matching grant

14  equal to 75 percent of the private contribution.

15         4.  Each university that raises a contribution in

16  excess of $1.5 million but no more than $2 million from a

17  private source must receive a matching grant equal to 80

18  percent of the private contribution.

19         4.5.  Each university that raises a contribution in

20  excess of $3 $2 million or more from a private source must

21  receive a matching grant equal to 100 percent of the private

22  contribution.

23         5.  A bundled gift shall be limited to not more than $1

24  million and a maximum match of 50 percent.

25         6.  The maximum amount of matching funds that may be

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

27  The maximum total amount of matching funds that may be used to

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

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

30  subject to availability of funds.

31  


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    CS for CS for SB 2884                          First Engrossed



 1         (c)  The State Board of Education shall encumber state

 2  matching funds for any pledged contributions, pro rata, based

 3  on the requirements for state matching funds as specified for

 4  the particular challenge grant and the amount of the private

 5  donations actually received by the university for the

 6  respective challenge grant.

 7         (4)  Matching funds may be provided for contributions

 8  encumbered or pledged under the Eminent Scholars Act prior to

 9  July 1, 1994, and for donations or pledges of any amount equal

10  to or in excess of the prescribed minimums which are pledged

11  for the purpose of this section.

12         (5)(a)  Each university foundation and New College

13  Foundation shall establish a challenge grant account for each

14  challenge grant as a depository for private contributions and

15  state matching funds to be administered on behalf of the Board

16  of Governors or State Board of Education, the university, or

17  New College. State matching funds must be transferred to a

18  university foundation or New College Foundation upon

19  notification that the university or New College has received

20  and deposited the amount specified in this section in a

21  foundation challenge grant account.

22         (b)  The foundation serving a university and New

23  College Foundation each has the responsibility for the

24  maintenance and investment of its challenge grant account and

25  for the administration of the program on behalf of the

26  university or New College, pursuant to procedures specified by

27  the Board of Governors State Board of Education. Each

28  foundation shall include in its annual report to the Board of

29  Governors State Board of Education information concerning

30  collection and investment of matching gifts and donations and

31  investment of the account.


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    CS for CS for SB 2884                          First Engrossed



 1         (c)  A private donation of at least $700,000 $600,000

 2  and associated state matching funds may be used to designate

 3  an Eminent Scholar Endowed Chair pursuant to procedures

 4  specified by the State Board of Education.

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

 6  from endowments established under this section may not be

 7  expended for the construction, renovation, or maintenance of

 8  facilities or for the support of intercollegiate athletics.

 9         (7)  Any gift, including a gift pledged and approved

10  for initial match, which is approved by the Board of Governors

11  and on the pending list before July 1, 2005, shall be eligible

12  for state match at the matching rate in effect immediately

13  prior to July 1, 2004. The revised matching rates are

14  effective for new gifts and pledges made on or after July 1,

15  2005.

16         (8)  Implementation of this section is contingent upon

17  legislative appropriation and as provided by law.

18         Section 6.  James E. "Jim" and Linda King, Jr., Student

19  Union Building designated; University of North Florida to

20  erect suitable markers.--

21         (1)  The Student Union Building at the University of

22  North Florida is designated as the "James E. "Jim" and Linda

23  King, Jr., Student Union Building."

24         (2)  The University of North Florida is authorized to

25  erect suitable markers for the designation of the James E.

26  "Jim" and Linda King, Jr., Student Union Building as described

27  in subsection (1).

28         Section 7.  John M. McKay Visitors' Pavilion

29  designated; Florida State University to erect suitable

30  markers.--

31  


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    CS for CS for SB 2884                          First Engrossed



 1         (1)  The proposed entrance pavilion at the John and

 2  Mabel Ringling Museum of Art at the Florida State University

 3  Center for Cultural Arts in Sarasota is designated as the

 4  "John M. McKay Visitors' Pavilion."

 5         (2)  Florida State University is authorized to erect

 6  suitable markers for the designation of the John M. McKay

 7  Visitors' Pavilion as described in subsection (1).

 8         Section 8.  Section 1004.63, Florida Statutes, is

 9  created to read:

10         1004.63  Florida-Scripps Research Compact.--

11         (1)  There is created the Florida-Scripps Research

12  Compact. The purpose of the compact is to explore facilitating

13  and maximizing Florida's postsecondary collaboration with the

14  Scripps Research Institute, including the feasibility and

15  planning of a physical presence constituting a fully

16  operational State of Florida-Scripps Research Campus over a

17  multiyear phase-in. Such plans may include, but need not be

18  limited to, the creation of research and graduate education

19  facilities for faculty, support staff, and students of the

20  state universities, the state's historically black colleges

21  and universities, the University of Miami, and any other

22  accredited medical school in this state to collaborate with

23  the Scripps Research Institute; the acquisition of land,

24  facilities, and equipment; the potential for placement of a

25  research hospital on the campus; the placement of a

26  public-private research incubator on the campus; and any other

27  public-private partnerships and necessary physical resources

28  that would enhance the state's relationship with the Scripps

29  Research Institute. By December 31, 2004, the compact shall

30  submit a report to the Office of the Governor, the Senate, and

31  the House of Representatives outlining the potential and


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    CS for CS for SB 2884                          First Engrossed



 1  feasibility of a Florida-Scripps Research Campus, including

 2  plans for governance, operation, and phased-in budget.

 3         (2)  For purposes of administration and fiscal agency,

 4  the compact shall be hosted by Florida Atlantic University and

 5  chaired by the President of Florida Atlantic University.

 6  Functions of the compact shall be overseen by a board of

 7  directors whose composition shall be determined by the

 8  Governor, in consultation with the Scripps Research Institute.

 9         (3)  A Compact Research Advisory Committee shall serve

10  as a standing committee of the board of directors. The

11  committee shall be comprised of all members of the Florida

12  Research Consortium and other members as determined by the

13  Governor. The purpose of the Compact Research Advisory

14  Committee shall be to facilitate the report as well as the

15  future collaboration and coordination among Florida's

16  postsecondary institutions and the Scripps Research Institute.

17  Such coordination shall be for purposes of communication,

18  efficiency, priority, and nonduplication rather than as a

19  restriction on any Florida postsecondary institution and its

20  relationship with the Scripps Research Institute.

21         Section 9.  There is appropriated from the General

22  Revenue Fund to the State Board of Education the sum of

23  $250,000 in nonrecurring funds for the 2004-2005 fiscal year.

24  These funds shall be administered by the Board of Governors of

25  the State University System to support the activities of the

26  Florida-Scripps Research Compact and the Compact Research

27  Advisory Committee.

28         Section 10.  Section 1004.451, Florida Statutes, is

29  created to read:

30         1004.451  Center for the Performing Arts direct-support

31  organization.--


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    CS for CS for SB 2884                          First Engrossed



 1         (1)  Florida State University shall create a

 2  direct-support organization for the Florida State University

 3  Center for the Performing Arts for the purposes described in

 4  this section. The board of directors of the direct-support

 5  organization shall consist of eleven members. The core members

 6  of the board of directors shall be the President of Florida

 7  State University, the Chair of the Board of Trustees for

 8  Florida State University, the Dean of Florida State University

 9  School of Theater, the Dean of Florida State University School

10  of Visual Arts and Dance, the Director of Florida State

11  University Conservatory for Actor Training in Sarasota, and

12  two members nominated by Asolo Theater, Inc., and approved by

13  the President of Florida State University. The seven core

14  members of the board shall appoint two additional members to

15  serve on the board of directors with the approval of the

16  President of Florida State University. The President of

17  Florida State University shall appoint two members from the

18  Sarasota community, or, at the President's discretion, may

19  appoint two members nominated by the Sarasota Ballet, Inc.

20  Upon appointment of all members of the board of directors, the

21  direct-support organization shall develop a charter and bylaws

22  to govern its operation provided that all decisions by its

23  board of directors shall be taken by at least six-vote

24  majorities. The charter, bylaws, and any modifications of such

25  shall be subject to approval by Florida State University.

26         (2)  The direct-support organization, operating under

27  its charter and bylaws, shall acquire from Florida State

28  University, own, and operate the Florida State University

29  Center for the Performing Arts, and shall promote a resident

30  professional repertory program to work in conjunction with,

31  complement, and support the conservatory's graduate


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    CS for CS for SB 2884                          First Engrossed



 1  educational theater program of Florida State University in

 2  Sarasota. It shall engage in fundraising to support its

 3  activities and support the independent fundraising efforts of

 4  the Asolo and the Conservatory for Actor Training. The

 5  direct-support organization shall operate and maintain the

 6  building in coordination with the Florida State University

 7  Ringling Cultural Center. All agreements between Florida State

 8  University and Asolo in force on the effective date of this

 9  act shall remain binding on the parties.

10         (3)  The direct-support organization shall provide for

11  an annual financial audit in accordance with s. 1004.28(5).

12  The audit shall be addressed to the direct support

13  organization, Florida State University, the Asolo, and, if it

14  has members serving on the board of directors, the Sarasota

15  Ballet, each of whom are authorized to require and receive

16  from the direct-support organization, or from its independent

17  auditor, any detail or supplemental data relative to the

18  operation of such organization.

19         (4)  An employee or member of the direct-support

20  organization may not receive, nor any member of their

21  immediate family receive, a commission, fee, or financial

22  benefit in connection with services or goods associated with

23  the direct-support organization and may not be a business

24  associate of any individual, firm, or organization involved in

25  the sale or exchange of goods or services within the

26  direct-support organization.

27         (5)  In all other respects, the direct-support

28  organization shall act as a direct-support organization

29  authorized and governed by the provisions of s. 1004.28.

30         (6)  Florida State University shall transfer the Center

31  for the Performing Arts to the direct-support organization


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    CS for CS for SB 2884                          First Engrossed



 1  when Florida State University has approved the charter and

 2  bylaws of the direct-support organization.

 3         Section 11.  Subsection (7) is added to section 121.35,

 4  Florida Statutes, to read:

 5         121.35  Optional retirement program for the State

 6  University System.--

 7         (7)  MAINTENANCE AND ADMINISTRATION OF

 8  PROGRAM.--Effective July 1, 2004, a state university, as

 9  defined in s. 1000.21, may irrevocably assume responsibility

10  for the independent maintenance and administration of the

11  optional retirement program described in this section with

12  respect to all former, present, and future eligible employees

13  of such university and their beneficiaries. When a state

14  university implements the independent optional retirement

15  program, the provisions of this section shall apply, except to

16  the extent that such provisions are superseded by the

17  following:

18         (a)  All employer and employee contributions under the

19  program shall be made either directly by the state university

20  or by its program administrator to the designated provider

21  companies that are contracting pursuant to subsection (1) for

22  the accumulation and payment of benefits to the program

23  participant, provided that a program administrator may not

24  also be a designated provider company or affiliate thereof and

25  shall be engaged solely for the purpose of facilitating the

26  payment of contributions to designated provider companies as

27  selected by the participant employee upon enrollment with such

28  provider companies or their local representatives.

29         (b)  The state university may authorize the deposit

30  into a participant's account or accounts contributions in the

31  form of rollovers or direct trustee-to-trustee transfers by or


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    CS for CS for SB 2884                          First Engrossed



 1  on behalf of participants who are reasonably determined by the

 2  state university to be eligible for rollover or transfer to

 3  its optional retirement program pursuant to the Internal

 4  Revenue Code and any applicable requirements of the state

 5  university. Accounting for such contributions by the

 6  designated provider companies shall be in accordance with the

 7  applicable requirements of the Internal Revenue Code and the

 8  state university.

 9         (c)  The state university may deduct from its employer

10  contribution on behalf of each program participant an amount

11  approved by the state university's board of trustees to

12  provide for the administration of its optional retirement

13  program.

14         (d)  Benefits shall be paid by the provider company or

15  companies in accordance with law, the provisions of the

16  contract, and any applicable state university rule or policy.

17         (e)  All aspects of the administration of the program

18  as set forth in subsection (6), including the selection of

19  provider companies, investment products, and contracts offered

20  through the optional retirement program, written program

21  description, and an annual accounting of contributions made by

22  and on behalf of each participant, shall be the sole

23  responsibility of the state university.

24         (f)  For purposes of administering the Florida

25  Retirement System, the state university shall continue to

26  report required information to the division on a monthly

27  basis.

28         (g)  This section does not terminate or otherwise

29  modify contracts entered into prior to July 1, 2004, between

30  the current designated provider companies and the Division of

31  Retirement or the Department of Management Services. Any


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    CS for CS for SB 2884                          First Engrossed



 1  rights under such contracts which are exercisable by the

 2  division or department shall be exercisable by each university

 3  assuming responsibility for its own optional retirement

 4  program pursuant to this section as the successor governmental

 5  entity with respect to such contracts.

 6         Section 12.  Subsection (7) is added to section

 7  121.122, Florida Statutes, to read:

 8         121.122  Renewed membership in system.--Except as

 9  provided in s. 121.053, effective July 1, 1991, any retiree of

10  a state-administered retirement system who is employed in a

11  regularly established position with a covered employer shall

12  be enrolled as a compulsory member of the Regular Class of the

13  Florida Retirement System or, effective July 1, 1997, any

14  retiree of a state-administered retirement system who is

15  employed in a position included in the Senior Management

16  Service Class shall be enrolled as a compulsory member of the

17  Senior Management Service Class of the Florida Retirement

18  System as provided in s. 121.055, and shall be entitled to

19  receive an additional retirement benefit, subject to the

20  following conditions:

21         (7)  Effective July 1, 2004, any retiree of a

22  state-administered retirement system who is employed in a

23  regularly established position is eligible to participate in

24  an optional retirement program as established in s. 121.35 or

25  s. 121.051(2)(c), subject to the provisions of those sections.

26         Section 13.  Subsection (19) of section 1001.74,

27  Florida Statutes, is amended to read:

28         1001.74  Powers and duties of university boards of

29  trustees.--

30         (19)(a)  Each board of trustees shall establish the

31  personnel program for all employees of the university,


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    CS for CS for SB 2884                          First Engrossed



 1  including the president, pursuant to the provisions of chapter

 2  1012 and, in accordance with rules and guidelines of the State

 3  Board of Education, including: compensation and other

 4  conditions of employment, recruitment and selection,

 5  nonreappointment, standards for performance and conduct,

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

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

 8  opportunities, exchange programs, academic freedom and

 9  responsibility, promotion, assignment, demotion, transfer,

10  tenure and permanent status, ethical obligations and conflicts

11  of interest, restrictive covenants, disciplinary actions,

12  complaints, appeals and grievance procedures, and separation

13  and termination from employment. The Department of Management

14  Services shall retain authority over state university

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

16  110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and

17  238, except as otherwise provided in paragraph (b).

18         (b)  Boards of trustees administering optional

19  retirement programs pursuant to s. 121.35(7) may enter into

20  consortia with other boards of trustees for this purpose.

21         Section 14.  This act shall take effect July 1, 2004.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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