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