HB 505

1	A bill to be entitled
2	An act relating to state universities; amending s.
3	1001.74, F.S.; redefining the term "continuing contract"
4	as it relates to construction costs in order to increase
5	certain cost thresholds; amending s. 1009.24, F.S.;
6	authorizing university boards of trustees to establish a
7	renewable energy fee under certain circumstances;
8	providing that the fee not exceed a specified amount;
9	limiting the use of such fee; establishing a renewable
10	energy fee committee; providing for membership; providing
11	terms; providing for a referendum on continuing or
12	discontinuing the fee; authorizing the university to
13	reestablish the fee; amending ss. 1009.01 and 1009.98,
14	F.S.; conforming cross-references; amending s. 1013.64,
15	F.S.; increasing the cost threshold at which a minor
16	facility may be replaced; amending s. 1013.78, F.S.;
17	conforming provisions to changes made by the act;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (a) of subsection (2) of section
23	1001.74, Florida Statutes, is amended to read:
24	1001.74  Powers and duties of university boards of
25	trustees.-
26	(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
27	OPERATION OF STATE UNIVERSITIES.-
28	(a)  Each board of trustees constitutes the contracting
29	agent of the university. Each university shall comply with the
30	provisions of s. 287.055 for the procurement of professional
31	services and may approve and execute all contracts for planning,
32	construction, and equipment. For the purpose of a university's
33	contracting authority, a "continuing contract" for professional
34	services under the provisions of s. 287.055 is one in which
35	construction costs do not exceed $2 $1 million or the fee for
36	study activity does not exceed $200,000 $100,000. Contracts
37	executed pursuant to this paragraph are subject to the
38	requirements of s. 1010.62.
39	Section 2.  Present subsections (14) through (18) of
40	section 1009.24, Florida Statutes, are redesignated as
41	subsections (15) through (19), respectively, and a new
42	subsection (14) is added to that section to read:
43	1009.24  State university student fees.-
44	(14)(a)  Each university board of trustees may establish a
45	renewable energy fee to be paid by all students if the fee is
46	approved by the student body of the university that seeks to
47	establish the fee. In order to establish the fee, a referendum
48	of the university's student body must be requested by the
49	student legislative body and conducted by the student
50	government. The referendum must include the proposed amount of
51	the fee and an explanation of its purpose. A university's board
52	of trustees may not establish the fee without the approval of a
53	majority of the students participating in the referendum.
54	(b)  A renewable energy fee established under this
55	subsection may not exceed $1 per credit hour during its first
56	year of implementation. The initial amount of the fee must be in
57	accordance with the referendum described in paragraph (a) and
58	may be changed only if approved by a referendum of the student
59	body. The fee may not be included in any award under s. 1009.531
60	or s. 1009.532.
61	(c)  The renewable energy fee shall be expended only for
62	establishing or improving the use of renewable energy
63	technologies or energy efficiencies that directly lower the
64	university's greenhouse gas emissions, waste, or energy costs. A
65	renewable energy fee committee shall be established and shall
66	vote to determine how the revenue from the fee is spent. The
67	committee shall consist of no more than 12 members, to be
68	appointed as follows:
69	1.  One-half of the members shall be appointed by the
70	university's student body president and confirmed by the
71	university's student legislative body. Appointees shall be
72	confirmed within 6 months after their appointment date. However,
73	an appointee who has not been confirmed or has been rejected by
74	the legislative body shall serve for no more than 45 days, at
75	which time a replacement must be appointed.
76	2.  One-half of the members shall be appointed by the
77	university president or his or her designee.
78
79	Members shall be appointed to 1-year terms and shall hold office
80	until their successors are appointed and qualified. A majority
81	of the committee members constitutes a quorum. A chairperson,
82	who is elected by the committee, shall vote only in the case of
83	a tie. The revenue from the fee which remains at the end of a
84	fiscal year shall be carried over and made available for
85	renewable energy expenditures consistent with this paragraph
86	during the next fiscal year.
87	(d)  After the renewable energy fee is implemented for 3
88	years, the university's student government shall conduct a
89	referendum to assess the student body's interest in continuing
90	the fee. If a majority of students participating in the
91	referendum votes to discontinue the fee, the fee may not be
92	collected, and any remaining revenue shall be dispensed by the
93	renewable energy fee committee within 2 fiscal years after the
94	referendum. The university may reestablish the fee as provided
95	in paragraph (a) no sooner than 1 year after the referendum
96	discontinuing the fee.
97	Section 3.  Subsection (3) of section 1009.01, Florida
98	Statutes, is amended to read:
99	1009.01  Definitions.-The term:
100	(3)  "Tuition differential" means the supplemental fee
101	charged to a student by a public university in this state
102	pursuant to s. 1009.24(17) s. 1009.24(16).
103	Section 4.  Paragraph (b) of subsection (2) of section
104	1009.98, Florida Statutes, is amended to read:
105	1009.98  Stanley G. Tate Florida Prepaid College Program.-
106	(2)  PREPAID COLLEGE PLANS.-At a minimum, the board shall
107	make advance payment contracts available for two independent
108	plans to be known as the community college plan and the
109	university plan. The board may also make advance payment
110	contracts available for a dormitory residence plan. The board
111	may restrict the number of participants in the community college
112	plan, university plan, and dormitory residence plan,
113	respectively. However, any person denied participation solely on
114	the basis of such restriction shall be granted priority for
115	participation during the succeeding year.
116	(b)1.  Through the university plan, the advance payment
117	contract may provide prepaid registration fees for a specified
118	number of undergraduate semester credit hours not to exceed the
119	average number of hours required for the conference of a
120	baccalaureate degree. Qualified beneficiaries shall bear the
121	cost of any laboratory fees associated with enrollment in
122	specific courses. Each qualified beneficiary shall be classified
123	as a resident for tuition purposes pursuant to s. 1009.21,
124	regardless of his or her actual legal residence.
125	2.  Effective July 1, 1998, the board may provide advance
126	payment contracts for additional fees delineated in s.
127	1009.24(9)-(12), for a specified number of undergraduate
128	semester credit hours not to exceed the average number of hours
129	required for the conference of a baccalaureate degree, in
130	conjunction with advance payment contracts for registration
131	fees. Such contracts shall provide prepaid coverage for the sum
132	of such fees, to a maximum of 45 percent of the cost of
133	registration fees. University plan contracts purchased prior to
134	July 1, 1998, shall be limited to the payment of registration
135	fees as defined in s. 1009.97.
136	3.  Effective July 1, 2007, the board may provide advance
137	payment contracts for the tuition differential authorized in s.
138	1009.24(17) s. 1009.24(16) for a specified number of
139	undergraduate semester credit hours, which may not exceed the
140	average number of hours required for the conference of a
141	baccalaureate degree, in conjunction with advance payment
142	contracts for registration fees.
143	4.  Effective July 1, 2009, the board may offer an advance
144	payment contract for the university plan covering prepaid
145	registration fees, the fees authorized in s. 1009.24(9)-(12),
146	and the tuition differential authorized in s. 1009.24(17) s.
147	1009.24(16). Such a contract may be offered in specific
148	increments for use toward a baccalaureate degree. The total
149	number of hours purchased for a qualified beneficiary may not
150	exceed the average number of hours required for the conference
151	of a baccalaureate degree.
152	Section 5.  Paragraph (h) of subsection (1) of section
153	1013.64, Florida Statutes, is amended to read:
154	1013.64  Funds for comprehensive educational plant needs;
155	construction cost maximums for school district capital
156	projects.-Allocations from the Public Education Capital Outlay
157	and Debt Service Trust Fund to the various boards for capital
158	outlay projects shall be determined as follows:
159	(1)
160	(h)  University boards of trustees may use utilize funds
161	appropriated pursuant to this section for the replacement of
162	minor facilities if provided that such projects do not exceed $2
163	$1 million in cost or 10,000 gross square feet in size. Minor
164	facilities may not be replaced from funds provided pursuant to
165	this section unless the board determines that the cost of repair
166	or renovation is greater than or equal to the cost of
167	replacement.
168	Section 6.  Subsection (2) of section 1013.78, Florida
169	Statutes, is amended to read:
170	1013.78  Approval required for certain university-related
171	facility acquisitions.-
172	(2)  Legislative approval is shall not be required for
173	renovations, remodeling, replacement of existing facilities, or
174	construction of minor facilities projects as defined in s.
175	1013.64, except to the extent required pursuant to s. 1010.62.
176	Section 7.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.