Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1996
       
       
       
       
       
       
                                Barcode 166412                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       The Committee on Higher Education (Lynn) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 1001.74, Florida
    6  Statutes, is amended to read:
    7         1001.74 Powers and duties of university boards of
    8  trustees.—
    9         (2) POWERS AND DUTIES RELATING TO ORGANIZATION AND
   10  OPERATION OF STATE UNIVERSITIES.—
   11         (a) Each board of trustees constitutes the contracting
   12  agent of the university. Each university shall comply with the
   13  provisions of s. 287.055 for the procurement of professional
   14  services and may approve and execute all contracts for planning,
   15  construction, and equipment. For the purpose of a university’s
   16  contracting authority, a “continuing contract” for professional
   17  services under the provisions of s. 287.055 is one in which
   18  construction costs do not exceed $2 $1 million or the fee for
   19  study activity does not exceed $200,000 $100,000. Contracts
   20  executed pursuant to this paragraph are subject to the
   21  requirements of s. 1010.62.
   22         Section 2. Present subsections (14) through (18) of section
   23  1009.24, Florida Statutes, are redesignated as subsections (15)
   24  through (19), respectively, and a new subsection (14) is added
   25  to that section, to read:
   26         1009.24 State university student fees.—
   27         (14)(a)Each university board of trustees may establish a
   28  renewable energy fee to be paid by all students if the fee is
   29  approved by the student body of each university that seeks to
   30  establish the fee. In order to establish the fee, a referendum
   31  of the university’s student body must be requested by the
   32  student legislative body and conducted by the student
   33  government. The referendum must include the proposed amount of
   34  the fee and an explanation of its purpose. A university’s board
   35  of trustees may not establish the fee without the approval of a
   36  majority of students participating in the referendum.
   37         (b)A renewable energy fee established under this
   38  subsection may not exceed $5 per credit hour during its first
   39  year of implementation. The initial amount of the fee must be in
   40  accordance with the referendum described in paragraph (a) and
   41  may be changed only if approved by a referendum of the student
   42  body. The fee may not be included in any award under ss. 1009.53
   43  and 1009.531.
   44         (c)The renewable energy fee shall be expended only for
   45  establishing or improving the use of renewable energy
   46  technologies or energy efficiencies that directly lower the
   47  university’s greenhouse gas emissions, waste, or energy costs. A
   48  renewable energy fee committee shall be established and shall
   49  vote to determine how the revenue from the fee is spent. The
   50  committee shall consist of no more than 12 members, to be
   51  appointed as follows:
   52         1.Half of the members shall be appointed by the
   53  university’s student body president and confirmed by the
   54  university’s student legislative body. Appointees shall be
   55  confirmed within 6 months after their appointment date. However,
   56  an appointee who has not been confirmed or has been rejected by
   57  the legislative body shall serve for no more than 45 days, at
   58  which time a replacement must be appointed.
   59         2.Half of the members shall be appointed by the university
   60  president or his or her designee.
   61  
   62  Members shall be appointed to 1-year terms and shall hold office
   63  until his or her successor is appointed and qualified. A
   64  majority of the committee members constitutes a quorum. A
   65  chairperson, who is elected by the committee, shall vote only in
   66  the case of a tie. The revenue from the fee which remains at the
   67  end of a fiscal year shall be carried over and made available
   68  for renewable energy expenditures consistent with this paragraph
   69  during the next fiscal year.
   70         (d)After the renewable energy fee is implemented for 5
   71  years, the university’s student government shall conduct a
   72  referendum to assess the student body’s interest in continuing
   73  the fee. If a majority of students participating in the
   74  referendum vote to dissolve the fee, the fee may not be
   75  collected, and any remaining revenue shall be dispensed by the
   76  renewable energy fee committee within 2 fiscal years after the
   77  referendum. The university may reestablish the fee as provided
   78  in paragraph (a) no sooner than 1 year after the referendum
   79  dissolving the fee.
   80         Section 3. Subsection (3) of section 1009.01, Florida
   81  Statutes, is amended to read:
   82         1009.01 Definitions.—The term:
   83         (3) “Tuition differential” means the supplemental fee
   84  charged to a student for instruction provided by a public
   85  university in this state pursuant to s. 1009.24(17) s.
   86  1009.24(16).
   87         Section 4. Paragraph (b) of subsection (2) of section
   88  1009.98, Florida Statutes, is amended to read:
   89         1009.98 Stanley G. Tate Florida Prepaid College Program.—
   90         (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
   91  make advance payment contracts available for two independent
   92  plans to be known as the community college plan and the
   93  university plan. The board may also make advance payment
   94  contracts available for a dormitory residence plan. The board
   95  may restrict the number of participants in the community college
   96  plan, university plan, and dormitory residence plan,
   97  respectively. However, any person denied participation solely on
   98  the basis of such restriction shall be granted priority for
   99  participation during the succeeding year.
  100         (b)1. Through the university plan, the advance payment
  101  contract shall provide prepaid registration fees for a specified
  102  number of undergraduate semester credit hours not to exceed the
  103  average number of hours required for the conference of a
  104  baccalaureate degree. Qualified beneficiaries shall bear the
  105  cost of any laboratory fees associated with enrollment in
  106  specific courses. Each qualified beneficiary shall be classified
  107  as a resident for tuition purposes pursuant to s. 1009.21,
  108  regardless of his or her actual legal residence.
  109         2. Effective July 1, 1998, the board may provide advance
  110  payment contracts for additional fees delineated in s.
  111  1009.24(9)-(12), for a specified number of undergraduate
  112  semester credit hours not to exceed the average number of hours
  113  required for the conference of a baccalaureate degree, in
  114  conjunction with advance payment contracts for registration
  115  fees. Such contracts shall provide prepaid coverage for the sum
  116  of such fees, to a maximum of 45 percent of the cost of
  117  registration fees. University plan contracts purchased prior to
  118  July 1, 1998, shall be limited to the payment of registration
  119  fees as defined in s. 1009.97.
  120         3. Effective July 1, 2007, the board may provide advance
  121  payment contracts for the tuition differential authorized in s.
  122  1009.24(17) s. 1009.24(16) for a specified number of
  123  undergraduate semester credit hours, which may not exceed the
  124  average number of hours required for the conference of a
  125  baccalaureate degree, in conjunction with advance payment
  126  contracts for registration fees.
  127         Section 5. Paragraph (h) of subsection (1) of section
  128  1013.64, Florida Statutes, is amended to read:
  129         1013.64 Funds for comprehensive educational plant needs;
  130  construction cost maximums for school district capital
  131  projects.—Allocations from the Public Education Capital Outlay
  132  and Debt Service Trust Fund to the various boards for capital
  133  outlay projects shall be determined as follows:
  134         (1)
  135         (h) University boards of trustees may utilize funds
  136  appropriated pursuant to this section for replacement of minor
  137  facilities provided that such projects do not exceed $2 $1
  138  million in cost or 10,000 gross square feet in size. Minor
  139  facilities may not be replaced from funds provided pursuant to
  140  this section unless the board determines that the cost of repair
  141  or renovation is greater than or equal to the cost of
  142  replacement.
  143         Section 6. Subsection (2) of section 1013.78, Florida
  144  Statutes, is amended to read:
  145         1013.78 Approval required for certain university-related
  146  facility acquisitions.—
  147         (2) Legislative approval shall not be required for
  148  renovations, remodeling, replacement of existing facilities, or
  149  construction of minor facilities projects as defined in s.
  150  1013.64, except to the extent required pursuant to s. 1010.62.
  151         Section 7. Subsection (5) of section 1013.79, Florida
  152  Statutes, is amended to read:
  153         1013.79 University Facility Enhancement Challenge Grant
  154  Program.—
  155         (5) A project may not be initiated unless all private funds
  156  for planning, construction, and equipping the facility have been
  157  received and deposited in the separate university program
  158  account designated for this purpose. However, a university is
  159  not precluded from spending funds from private sources to
  160  develop a prospectus, including preliminary architectural
  161  schematics or models, for use in raising private funds for a
  162  facility or site preparation or initial planning and
  163  construction. Private funds spent for planning, construction,
  164  and equipping the facility are eligible for state matching funds
  165  but do not create a financial obligation of the state and the
  166  state’s share for the minimum amount of funds needed to begin
  167  the project has been appropriated by the Legislature. The Board
  168  of Governors shall establish a method for validating the receipt
  169  and deposit of private matching funds. The Legislature may
  170  appropriate the state’s matching funds in one or more fiscal
  171  years for the planning, construction, and equipping of an
  172  eligible facility. However, these requirements shall not
  173  preclude the university from expending available funds from
  174  private sources to develop a prospectus, including preliminary
  175  architectural schematics or models, for use in its efforts to
  176  raise private funds for a facility. Additionally, any private
  177  sources of funds expended for this purpose are eligible for
  178  state matching funds should the project materialize as provided
  179  for in this section.
  180         Section 8. This act shall take effect upon becoming a law.
  181  
  182  ================= T I T L E  A M E N D M E N T ================
  183         And the title is amended as follows:
  184         Delete everything before the enacting clause
  185  and insert:
  186                        A bill to be entitled                      
  187         An act relating to state universities; amending s.
  188         1001.74, F.S.; redefining the term “continuing
  189         contract” relating to construction costs to increase
  190         certain cost thresholds; amending s. 1009.24, F.S.;
  191         authorizing university boards of trustees to establish
  192         a renewable energy fee under certain circumstances;
  193         providing that the fee not exceed a certain amount;
  194         limiting the use of such fee; establishing a renewable
  195         energy fee committee; providing for membership;
  196         providing terms; providing for a referendum on
  197         continuing or dissolving the fee; authorizing the
  198         university to reestablish the fee; amending ss.
  199         1009.01 and 1009.98, F.S.; conforming cross
  200         references; amending s. 1013.64, F.S.; increasing the
  201         threshold amount used to replace minor facility
  202         projects; amending s. 1013.78, F.S.; conforming
  203         provisions to changes made by the act; amending s.
  204         1013.79, F.S.; revising provisions relating to the
  205         University Facility Enhancement Challenge Grant
  206         Program; authorizing a university to expend funds from
  207         private sources to develop a prospectus for a facility
  208         or site preparation or initial planning and
  209         construction; providing an effective date.