Senate Bill sb1064e1

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    CS for SB 1064                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to facility enhancement

  3         challenge grant programs; amending s. 1011.32,

  4         F.S., relating to the Community College

  5         Facility Enhancement Challenge Grant Program;

  6         requiring that a project be approved by the

  7         State Board of Education or the Legislature;

  8         requiring that unexpended private matching

  9         funds revert to the direct-support organization

10         capital facilities matching account of the

11         community college; requiring that unexpended

12         state matching funds revert to the trust fund

13         from which the funds were appropriated;

14         amending s. 1013.79, F.S., relating to the

15         University Facility Enhancement Challenge Grant

16         Program; providing for the future termination

17         of the Alec P. Courtelis Capital Facilities

18         Matching Trust Fund; prescribing procedures for

19         terminating the trust fund; requiring each

20         state university to establish a facilities

21         matching grant program account for the deposit

22         of private contributions; providing for the

23         transfer of state funds with respect to the

24         account; removing certain sources of state

25         funds for use in matching private

26         contributions; requiring the Board of Governors

27         of the State University System to establish a

28         method for validating the receipt and deposit

29         of private matching funds; requiring the Board

30         of Governors rather than the State Board of

31         Education to approve projects under the Alec P.


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    CS for SB 1064                                 First Engrossed



 1         Courtelis University Facility Enhancement

 2         Challenge Grant Program; deleting provisions

 3         providing for the reversion of trust fund

 4         moneys to conform to changes made by the act;

 5         providing for the Board of Governors to approve

 6         the naming of a facility in honor of a donor;

 7         providing an effective date.

 8  

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

10  

11         Section 1.  Subsections (9) and (11) of section

12  1011.32, Florida Statutes, are amended to read:

13         1011.32  Community College Facility Enhancement

14  Challenge Grant Program.--

15         (9)  In order for a project to be eligible under this

16  program, it must be survey recommended under the provisions of

17  s. 1013.31 and included in the community college's 5-year

18  capital improvement plan, and it must receive prior approval

19  from the State Board of Education or the Legislature.

20         (11)  Any private matching project funds for a project

21  which that are unexpended after the a project is completed

22  shall revert to the community college's direct-support

23  organization capital facilities matching account. Fifty

24  percent of such unexpended funds shall be reserved for the

25  community college which originally received the private

26  contribution for the purpose of providing private matching

27  funds for future facility construction projects as provided in

28  this section. The balance of any such unexpended state

29  matching funds shall be returned to the fund from which those

30  funds were appropriated General Revenue Fund.

31  


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    CS for SB 1064                                 First Engrossed



 1         Section 2.  Section 1013.79, Florida Statutes, is

 2  amended to read:

 3         1013.79  University Facility Enhancement Challenge

 4  Grant Program.--

 5         (1)  The Legislature recognizes that the universities

 6  do not have sufficient physical facilities to meet the current

 7  demands of their instructional and research programs. It

 8  further recognizes that, to strengthen and enhance

 9  universities, it is necessary to provide facilities in

10  addition to those currently available from existing revenue

11  sources. It further recognizes that there are sources of

12  private support that, if matched with state support, can

13  assist in constructing much-needed facilities and strengthen

14  the commitment of citizens and organizations in promoting

15  excellence throughout the state universities. Therefore, it is

16  the intent of the Legislature to establish a trust fund to

17  provide the opportunity for each university to receive support

18  for challenge grants for instructional and research-related

19  capital facilities within the university.

20         (2)  There is hereby established the Alec P. Courtelis

21  University Facility Enhancement Challenge Grant Program for

22  the purpose of assisting universities build high priority

23  instructional and research-related capital facilities,

24  including common areas connecting such facilities. The

25  associated foundations that serve the universities shall

26  solicit gifts from private sources to provide matching funds

27  for capital facilities. For the purposes of this act, private

28  sources of funds shall not include any federal, state, or

29  local government funds that a university may receive.

30         (3)(a)  There is established the Alec P. Courtelis

31  Capital Facilities Matching Trust Fund to facilitate for the


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    CS for SB 1064                                 First Engrossed



 1  purpose of providing matching funds from private contributions

 2  for the development of high priority instructional and

 3  research-related capital facilities, including common areas

 4  connecting such facilities, within a university. All

 5  appropriated funds deposited into the trust fund shall be

 6  invested pursuant to s. 17.61. Interest income accruing to

 7  that portion of the trust fund shall increase the total funds

 8  available for the challenge grant program.

 9         (b)  Effective July 1, 2009, the Alec P. Courtelis

10  Capital Facilities Matching Trust Fund is terminated.

11         (c)  The State Board of Education shall pay any

12  outstanding debts and obligations of the terminated fund as

13  soon as practicable, and the Chief Financial Officer shall

14  close out and remove the terminated funds from various state

15  accounting systems using generally accepted accounting

16  principles concerning warrants outstanding, assets, and

17  liabilities.

18         (d)  By June 30, 2008, all private funds and associated

19  interest earnings held in the Alec P. Courtelis Capital

20  Facilities Matching Trust Fund shall be transferred to the

21  originating university's individual program account.

22         (4)  Each university shall establish, pursuant to s.

23  1011.42, a facilities matching grant program account as a

24  depository for private contributions provided under this

25  section. Once a project is under contract, funds appropriated

26  as state matching funds may be transferred to the university's

27  account once the Board of Governors certifies receipt of the

28  private matching funds pursuant to subsection (5). State funds

29  that are not needed as matching funds for the project for

30  which appropriated shall be transferred, together with any

31  accrued interest, back to the state fund from which such funds


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 1  were appropriated. The transfer of unneeded state funds shall

 2  occur within 30 days after final completion of the project or

 3  within 30 days after a determination that the project will not

 4  be completed. The Legislature may appropriate funds to be

 5  transferred to the trust fund. The Public Education Capital

 6  Outlay and Debt Service Trust Fund or the, Capital Improvement

 7  Trust Fund, Division of Sponsored Research Trust Fund, and

 8  Contracts and Grants Trust Fund shall not be used as the

 9  source of the state match for private contributions. All

10  appropriated funds deposited into the trust fund shall be

11  invested pursuant to the provisions of s. 17.61. Interest

12  income accruing to that portion of the trust fund shall

13  increase the total funds available for the challenge grant

14  program. Interest income accruing from the private donations

15  shall be returned to the participating foundation upon

16  completion of the project. The State Board of Education shall

17  administer the trust fund and all related construction

18  activities.

19         (5)(4)  A No project may not shall be initiated unless

20  all private funds for planning, construction, and equipping

21  the facility have been received and deposited in the separate

22  university program account designated for this purpose trust

23  fund and the state's share for the minimum amount of funds

24  needed to begin the project has been appropriated by the

25  Legislature. The Board of Governors shall establish a method

26  for validating the receipt and deposit of private matching

27  funds. The Legislature may appropriate the state's matching

28  funds in one or more fiscal years for the planning,

29  construction, and equipping of an eligible facility. However,

30  these requirements shall not preclude the university from

31  expending available funds from private sources to develop a


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    CS for SB 1064                                 First Engrossed



 1  prospectus, including preliminary architectural schematics or

 2  and/or models, for use in its efforts to raise private funds

 3  for a facility. Additionally, any private sources of funds

 4  expended for this purpose are eligible for state matching

 5  funds should the project materialize as provided for in this

 6  section.

 7         (6)(5)  To be eligible to participate in the Alec P.

 8  Courtelis University Facility Enhancement Challenge Grant

 9  Program Capital Facilities Matching Trust Fund, a university

10  shall raise a contribution equal to one-half of the total cost

11  of a facilities construction project from private

12  nongovernmental sources which shall be matched by a state

13  appropriation equal to the amount raised for a facilities

14  construction project subject to the General Appropriations

15  Act.

16         (7)(6)  If the state's share of the required match is

17  insufficient to meet the requirements of subsection (6) (5),

18  the university shall renegotiate the terms of the contribution

19  with the donors. If the project is terminated, each private

20  donation, plus accrued interest, reverts to the foundation for

21  remittance to the donor.

22         (8)(7)  By October September 1 of each year, the State

23  Board of Governors Education shall transmit to the Legislature

24  a list of projects that which meet all eligibility

25  requirements to participate in the Alec P. Courtelis

26  University Facility Enhancement Challenge Grant Program

27  Capital Facilities Matching Trust Fund and a budget request

28  that which includes the recommended schedule necessary to

29  complete each project.

30         (9)(8)  In order for a project to be eligible under

31  this program, it must be included in the university 5-year


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    CS for SB 1064                                 First Engrossed



 1  capital improvement plan and must receive prior approval from

 2  the State Board of Governors or Education and the Legislature.

 3         (10)(9)  A No university's project may not shall be

 4  removed from the approved 3-year PECO priority list because of

 5  its successful participation in this program until approved by

 6  the Legislature and provided for in the General Appropriations

 7  Act. When such a project is completed and removed from the

 8  list, all other projects shall move up on the 3-year PECO

 9  priority list. A university shall not use PECO funds,

10  including the Capital Improvement Trust Fund fee and the

11  building fee, to complete a project under this section.

12         (10)  Any project funds that are unexpended after a

13  project is completed shall revert to the Capital Facilities

14  Matching Trust Fund. Fifty percent of such unexpended funds

15  shall be reserved for the university which originally received

16  the private contribution for the purpose of providing private

17  matching funds for future facility construction projects as

18  provided in this section. The balance of such unexpended funds

19  shall be available to any state university for future facility

20  construction projects conducted pursuant to this section.

21         (11)  The surveys, architectural plans, facility, and

22  equipment shall be the property of the State of Florida. A

23  facility constructed pursuant to this section may be named in

24  honor of a donor at the option of the university and the State

25  Board of Governors Education. No facility shall be named after

26  a living person without prior approval by the Legislature.

27         Section 3.  This act shall take effect July 1, 2007.

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