| 1 | A bill to be entitled |
| 2 | An act relating to state universities; amending s. |
| 3 | 1001.74, F.S.; increasing the monetary threshold for |
| 4 | continuing contracts for professional services; amending |
| 5 | s. 1013.64, F.S.; increasing the monetary threshold for |
| 6 | the utilization of funds for the replacement of minor |
| 7 | facilities; amending s. 1013.78, F.S.; conforming |
| 8 | provisions; amending s. 1013.79, F.S.; revising provisions |
| 9 | relating to the matching and expenditure of funds under a |
| 10 | university facility challenge grant program; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (a) of subsection (2) of section |
| 16 | 1001.74, Florida Statutes, is amended to read: |
| 17 | 1001.74 Powers and duties of university boards of |
| 18 | trustees.-- |
| 19 | (2) POWERS AND DUTIES RELATING TO ORGANIZATION AND |
| 20 | OPERATION OF STATE UNIVERSITIES.-- |
| 21 | (a) Each board of trustees constitutes the contracting |
| 22 | agent of the university. Each university shall comply with the |
| 23 | provisions of s. 287.055 for the procurement of professional |
| 24 | services and may approve and execute all contracts for planning, |
| 25 | construction, and equipment. For the purpose of a university's |
| 26 | contracting authority, a "continuing contract" for professional |
| 27 | services under the provisions of s. 287.055 is one in which |
| 28 | construction costs do not exceed $2 $1 million or the fee for |
| 29 | study activity does not exceed $200,000 $100,000. Contracts |
| 30 | executed pursuant to this paragraph are subject to the |
| 31 | requirements of s. 1010.62. |
| 32 | Section 2. Paragraph (h) of subsection (1) of section |
| 33 | 1013.64, Florida Statutes, is amended to read: |
| 34 | 1013.64 Funds for comprehensive educational plant needs; |
| 35 | construction cost maximums for school district capital |
| 36 | projects.--Allocations from the Public Education Capital Outlay |
| 37 | and Debt Service Trust Fund to the various boards for capital |
| 38 | outlay projects shall be determined as follows: |
| 39 | (1) |
| 40 | (h) University boards of trustees may utilize funds |
| 41 | appropriated pursuant to this section for replacement of minor |
| 42 | facilities provided that such projects do not exceed $2 $1 |
| 43 | million in cost or 10,000 gross square feet in size. Minor |
| 44 | facilities may not be replaced from funds provided pursuant to |
| 45 | this section unless the board determines that the cost of repair |
| 46 | or renovation is greater than or equal to the cost of |
| 47 | replacement. |
| 48 | Section 3. Subsection (2) of section 1013.78, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 1013.78 Approval required for certain university-related |
| 51 | facility acquisitions.-- |
| 52 | (2) Legislative approval shall not be required for |
| 53 | renovations, remodeling, replacement of existing facilities, or |
| 54 | construction of minor facilities projects as defined in s. |
| 55 | 1013.64, except to the extent required pursuant to s. 1010.62. |
| 56 | Section 4. Subsection (5) of section 1013.79, Florida |
| 57 | Statutes, is amended to read: |
| 58 | 1013.79 University Facility Enhancement Challenge Grant |
| 59 | Program.-- |
| 60 | (5) A project may not be initiated unless all private |
| 61 | funds for planning, construction, and equipping the facility |
| 62 | have been received and deposited in the separate university |
| 63 | program account designated for this purpose. However, these |
| 64 | requirements shall not preclude the university from expending |
| 65 | funds from private sources to develop a prospectus, including |
| 66 | preliminary architectural schematics or models, for use in its |
| 67 | efforts to raise private funds for a facility, for site |
| 68 | preparation, or for initial planning and construction. Private |
| 69 | funds expended for planning, constructing, and equipping a |
| 70 | facility are eligible for state matching funds but do not create |
| 71 | a financial obligation of the state and the state's share for |
| 72 | the minimum amount of funds needed to begin the project has been |
| 73 | appropriated by the Legislature. The Board of Governors shall |
| 74 | establish a method for validating the receipt and deposit of |
| 75 | private matching funds. The Legislature may appropriate the |
| 76 | state's matching funds in one or more fiscal years for the |
| 77 | planning, construction, and equipping of an eligible facility. |
| 78 | However, these requirements shall not preclude the university |
| 79 | from expending available funds from private sources to develop a |
| 80 | prospectus, including preliminary architectural schematics or |
| 81 | models, for use in its efforts to raise private funds for a |
| 82 | facility. Additionally, any private sources of funds expended |
| 83 | for this purpose are eligible for state matching funds should |
| 84 | the project materialize as provided for in this section. |
| 85 | Section 5. This act shall take effect upon becoming law. |