HB 7237

1	A bill to be entitled
2	An act relating to postsecondary education; amending s.
3	110.181, F.S.; conforming a cross-reference to changes
4	made by the act; amending ss. 112.19 and 112.191, F.S.;
5	requiring the Board of Governors of the State University
6	System to adopt regulations rather than rules to implement
7	certain educational benefits; amending s. 120.81, F.S.;
8	providing that state universities are not required to file
9	certain documents with the Administrative Procedures
10	Committee; amending s. 282.0041, F.S.; revising
11	definitions relating to information technology services to
12	conform to changes made by the act; amending s. 282.703,
13	F.S.; revising provisions relating to the participation of
14	state universities in the SUNCOM Network; amending s.
15	282.706, F.S.; revising provisions relating to the use of
16	the SUNCOM Network by state university libraries; amending
17	s. 287.064, F.S.; conforming a cross-reference to changes
18	made by the act; amending s. 1000.05, F.S.; requiring the
19	Board of Governors to adopt regulations rather than rules
20	relating to discrimination; amending s. 1001.705, F.S.;
21	revising provisions relating to responsibility for the
22	State University System under the State Constitution;
23	deleting legislative findings and intent; providing the
24	constitutional duties of the Board of Governors; providing
25	the constitutional duties of the Legislature; deleting a
26	duty relating to the participation of state universities
27	in the SUNCOM Network; amending s. 1001.706, F.S.;
28	revising powers and duties of the Board of Governors;
29	providing that the Board of Governors has the authority to
30	regulate the State University System and may adopt a
31	regulation development procedure for the board and
32	university boards of trustees to use in implementing their
33	constitutional duties and responsibilities; authorizing
34	the Board of Governors or its designee to adopt
35	regulations; providing requirements for the regulation
36	development procedure; providing requirements for judicial
37	review of certain challenges; revising the Board of
38	Governors' powers and duties relating to accountability
39	and personnel; providing legislative intent that the Board
40	of Governors align the missions of universities with
41	certain factors; providing requirements for a mission
42	alignment and strategic plan; affording opportunities to
43	certain universities; amending s. 1001.72, F.S.; providing
44	that the board of trustees is the university's contracting
45	agent; creating s. 1004.015, F.S.; creating the Higher
46	Education Coordinating Council; providing for membership;
47	providing guiding principles for council recommendations
48	to the Legislature, State Board of Education, and Board of
49	Governors; amending s. 1004.03, F.S.; revising provisions
50	relating to review and approval of new programs at state
51	universities by the Board of Governors; requiring an
52	annual report of the review of proposed new programs;
53	eliminating the requirement that certain programs be
54	approved by the Legislature; amending s. 1004.07, F.S.;
55	requiring the Board of Governors to adopt regulations
56	rather than rules relating to student withdrawal from
57	courses due to military service; amending s. 1006.54,
58	F.S.; requiring university boards of trustees to adopt
59	regulations rather than rules relating to documents
60	distributed to libraries; amending s. 1006.60, F.S.;
61	revising provisions relating to state university codes of
62	conduct to authorize the adoption of regulations rather
63	than rules; amending s. 1006.65, F.S.; requiring the Board
64	of Governors to adopt regulations rather than rules
65	relating to safety issues in courses offered by state
66	universities; amending ss. 1007.264 and 1007.265, F.S.;
67	requiring the Board of Governors to adopt regulations
68	rather than rules relating to admission and graduation
69	requirements for students with disabilities; amending s.
70	1009.24, F.S.; reorganizing certain provisions of law
71	relating to state university student fees; authorizing the
72	Board of Governors to approve flexible tuition policies
73	requested by a university board of trustees; providing
74	that certain fees be based on reasonable costs of services
75	and used for certain purposes; authorizing the Board of
76	Governors to approve a proposal from a university board of
77	trustees to establish a new student fee, increase the cap
78	for an existing fee, or implement flexible tuition
79	policies; providing guidelines for review of proposals;
80	requiring an annual report; prohibiting certain fees from
81	exceeding a specified amount, being included in certain
82	scholarship awards, and being used for certain purposes;
83	requiring a fee committee to make recommendations relating
84	to a new fee; providing restrictions on fee increases;
85	requiring the Board of Governors to adopt regulations;
86	amending s. 1009.26, F.S.; requiring the Board of
87	Governors to adopt regulations rather than rules relating
88	to fee waivers; amending s. 1010.04, F.S.; providing that
89	the Board of Governors shall adopt regulations rather than
90	rules for purchases and leases; amending s. 1010.62, F.S.;
91	defining the term "auxiliary enterprise" for purposes of
92	revenue bonds and debt; amending s. 1011.43, F.S.;
93	requiring university boards of trustees to adopt
94	regulations rather than rules for administration of
95	certain scholarships and loans; amending s. 1011.90, F.S.;
96	revising provisions relating to management information
97	maintained by the Board of Governors; amending s. 1013.02,
98	F.S.; requiring the Board of Governors to adopt
99	regulations rather than rules to implement provisions of
100	law relating to educational facilities; amending s.
101	1013.10, F.S.; authorizing regulations for the use of
102	educational buildings and grounds; amending ss. 1013.12
103	and 1013.28, F.S.; requiring the Board of Governors to
104	adopt regulations rather than rules relating to firesafety
105	inspections and disposal of real property; amending s.
106	1013.30, F.S.; requiring the Board of Governors to adopt
107	regulations rather than rules relating to university
108	campus master plans; amending s. 1013.31, F.S.; requiring
109	the Board of Governors to adopt regulations rather than
110	rules for determining facility space needs; amending s.
111	1013.47, F.S.; requiring the Board of Governors to adopt
112	regulations rather than rules relating to building
113	standards; amending s. 1013.74, F.S.; authorizing the
114	Board of Governors to adopt regulations rather than rules
115	relating to authorization for fixed capital outlay
116	projects; repealing s. 1001.74, F.S., relating to powers
117	and duties of university boards of trustees; repealing s.
118	1004.21, F.S., relating to general provisions for state
119	universities; repealing s. 1004.22(13), F.S., relating to
120	rulemaking by a university board of trustees with respect
121	to divisions of sponsored research; repealing s. 1004.38,
122	F.S., relating to the master of science program in speech-
123	language pathology at Florida International University;
124	repealing s. 1004.381, F.S., relating to the bachelor of
125	science nursing degree program at the University of West
126	Florida; repealing s. 1004.3811, F.S., relating to the
127	master of science degree programs in nursing and social
128	work at the University of West Florida; repealing s.
129	1004.382, F.S., relating to the master's in social work
130	program at Florida Atlantic University; repealing s.
131	1004.383, F.S., relating to a chiropractic medicine degree
132	program at Florida State University; repealing s.
133	1004.386, F.S., relating to a bachelor of science degree
134	program in long-term care administration at Florida Gulf
135	Coast University; repealing s. 1004.64, F.S., relating to
136	the School of Engineering at Florida Gulf Coast University
137	and specified bachelor's degrees; providing legislative
138	intent for the repeal of certain sections; requiring each
139	state university to identify and submit to the Board of
140	Governors a list of certain rules that have been
141	superseded by regulations; providing for submission of
142	such rules and certain rules of the Board of Governors to
143	the Department of State; authorizing the Department of
144	State to remove rules from the Florida Administrative
145	Code; providing an effective date.
146
147	Be It Enacted by the Legislature of the State of Florida:
148
149	Section 1.  Subsection (5) of section 110.181, Florida
150	Statutes, is amended to read:
151	110.181  Florida State Employees' Charitable Campaign.-
152	(5)  PARTICIPATION OF STATE UNIVERSITIES.-Each university
153	may elect to participate in the Florida State Employees'
154	Charitable Campaign, upon timely notice to the department. Each
155	university may also conduct annual charitable fundraising drives
156	for employees under the authority granted in s. ss. 1001.706 and
157	1001.74.
158	Section 2.  Subsection (5) of section 112.19, Florida
159	Statutes, is amended to read:
160	112.19  Law enforcement, correctional, and correctional
161	probation officers; death benefits.-
162	(5)  The State Board of Education or the Board of
163	Governors, as appropriate, shall adopt rules and procedures, and
164	the Board of Governors shall adopt regulations and procedures,
165	as are appropriate and necessary to implement the educational
166	benefits provisions of this section.
167	Section 3.  Subsection (5) of section 112.191, Florida
168	Statutes, is amended to read:
169	112.191  Firefighters; death benefits.-
170	(5)  The State Board of Education or the Board of
171	Governors, as appropriate, shall adopt rules and procedures, and
172	the Board of Governors shall adopt regulations and procedures,
173	as are appropriate and necessary to implement the educational
174	benefits provisions of this section.
175	Section 4.  Paragraph (e) of subsection (1) of section
176	120.81, Florida Statutes, is amended to read:
177	120.81  Exceptions and special requirements; general
178	areas.-
179	(1)  EDUCATIONAL UNITS.-
180	(e)  Educational units, other than the state universities
181	and the Florida School for the Deaf and the Blind, shall not be
182	required to make filings with the committee of the documents
183	required to be filed by s. 120.54 or s. 120.55(1)(a)4.
184	Section 5.  Subsections (1) and (26) of section 282.0041,
185	Florida Statutes, are amended to read:
186	282.0041  Definitions.-As used in this chapter, the term:
187	(1)  "Agency" has the same meaning as in s. 216.011(1)(qq),
188	except that for purposes of this chapter, "agency" does not
189	include university boards of trustees or state universities.
190	(26)  "Total cost" means all costs associated with
191	information technology projects or initiatives, including, but
192	not limited to, value of hardware, software, service,
193	maintenance, incremental personnel, and facilities. Total cost
194	of a loan or gift of information technology resources to an
195	agency includes the fair market value of the resources; however,
196	the total cost of loans or gifts of information technology to
197	state universities to be used in instruction or research does
198	not include fair market value.
199	Section 6.  Subsections (1) and (3) of section 282.703,
200	Florida Statutes, are amended, and subsection (4) is added to
201	that section, to read:
202	282.703  SUNCOM Network; exemptions from the required use.-
203	(1)  There is created within the department the SUNCOM
204	Network, which shall be developed to serve as the state
205	communications system for providing local and long-distance
206	communications services to state agencies, political
207	subdivisions of the state, municipalities, state universities,
208	and nonprofit corporations pursuant to this part. The SUNCOM
209	Network shall be developed to transmit all types of
210	communications signals, including, but not limited to, voice,
211	data, video, image, and radio. State agencies shall cooperate
212	and assist in the development and joint use of communications
213	systems and services.
214	(3)  All state agencies and state universities shall use
215	the SUNCOM Network for agency and state university
216	communications services as the services become available;
217	however, no agency or university is relieved of responsibility
218	for maintaining communications services necessary for effective
219	management of its programs and functions. The department may
220	provide such communications services to a state university if
221	requested by the university. If a SUNCOM Network service does
222	not meet the communications requirements of an agency or
223	university, the agency or university shall notify the department
224	in writing and detail the requirements for that communications
225	service. If the department is unable to meet an agency's or
226	university's requirements by enhancing SUNCOM Network service,
227	the department may grant the agency or university an exemption
228	from the required use of specified SUNCOM Network services.
229	(4)  This section may not be construed to require a state
230	university to use SUNCOM Network communication services.
231	Section 7.  Section 282.706, Florida Statutes, is amended
232	to read:
233	282.706  Use of SUNCOM Network by libraries.-The department
234	may provide SUNCOM Network services to any library in the state,
235	including libraries in public schools, community colleges, state
236	universities, and nonprofit private postsecondary educational
237	institutions, and libraries owned and operated by municipalities
238	and political subdivisions. This section may not be construed to
239	require a state university library to use SUNCOM Network
240	services.
241	Section 8.  Subsection (1) of section 287.064, Florida
242	Statutes, is amended to read:
243	287.064  Consolidated financing of deferred-payment
244	purchases.-
245	(1)  The Division of Bond Finance of the State Board of
246	Administration and the Chief Financial Officer shall plan and
247	coordinate deferred-payment purchases made by or on behalf of
248	the state or its agencies or by or on behalf of state
249	universities or state community colleges participating under
250	this section pursuant to s. 1001.706(7) s. 1001.74(6) or s.
251	1001.64(26), respectively. The Division of Bond Finance shall
252	negotiate and the Chief Financial Officer shall execute
253	agreements and contracts to establish master equipment financing
254	agreements for consolidated financing of deferred-payment,
255	installment sale, or lease purchases with a financial
256	institution or a consortium of financial institutions. As used
257	in this act, the term "deferred-payment" includes installment
258	sale and lease-purchase.
259	(a)  The period during which equipment may be acquired
260	under any one master equipment financing agreement shall be
261	limited to not more than 3 years.
262	(b)  Repayment of the whole or a part of the funds drawn
263	pursuant to the master equipment financing agreement may
264	continue beyond the period established pursuant to paragraph
265	(a).
266	(c)  The interest rate component of any master equipment
267	financing agreement shall be deemed to comply with the interest
268	rate limitation imposed in s. 287.063 so long as the interest
269	rate component of every interagency, state university, or
270	community college agreement entered into under such master
271	equipment financing agreement complies with the interest rate
272	limitation imposed in s. 287.063. Such interest rate limitation
273	does not apply when the payment obligation under the master
274	equipment financing agreement is rated by a nationally
275	recognized rating service in any one of the three highest
276	classifications, which rating services and classifications are
277	determined pursuant to rules adopted by the Chief Financial
278	Officer.
279	Section 9.  Paragraph (b) of subsection (5) of section
280	1000.05, Florida Statutes, is amended to read:
281	1000.05  Discrimination against students and employees in
282	the Florida K-20 public education system prohibited; equality of
283	access required.-
284	(5)
285	(b)  The Board of Governors shall adopt regulations rules
286	to implement this section as it relates to state universities.
287	Section 10.  Section 1001.705, Florida Statutes, is amended
288	to read:
289	1001.705  Responsibility for the State University System
290	under s. 7, Art. IX of the State Constitution; legislative
291	finding and intent.-
292	(1)  LEGISLATIVE FINDINGS.-
293	(1)(a)  DEFINITIONS.-For purposes of this act, the term:
294	(a)1.  "Board of Governors" as it relates to the State
295	University System and as used in s. 7, Art. IX of the State
296	Constitution and Title XLVIII and other sections of the Florida
297	Statutes is the Board of Governors of the State University
298	System which belongs to and is part of the executive branch of
299	state government.
300	(b)2.  "Institutions of higher learning" as used in the
301	State Constitution and the Florida Statutes includes publicly
302	funded state universities.
303	(c)3.  "Public officer" as used in the Florida Statutes
304	includes members of the Board of Governors.
305	(d)4.  "State university" or "state universities" as used
306	in the State Constitution and the Florida Statutes are agencies
307	of the state which belong to and are part of the executive
308	branch of state government. This definition of state
309	universities as state agencies is only for the purposes of the
310	delineation of constitutional lines of authority. Statutory
311	exemptions for state universities from statutory provisions
312	relating to state agencies that are in effect on the effective
313	date of this act remain in effect and are not repealed by virtue
314	of this definition of state universities.
315	(2)(b)  CONSTITUTIONAL DUTIES OF THE BOARD OF GOVERNORS OF
316	THE STATE UNIVERSITY SYSTEM.-In accordance with s. 7, Art. IX of
317	the State Constitution, the Board of Governors of the State
318	University System has the duty to operate, regulate, control,
319	and be fully responsible for the management of the whole
320	publicly funded State University System and the board, or the
321	board's designee, has responsibility for:
322	(a)1.  Defining the distinctive mission of each constituent
323	university.
324	(b)2.  Defining the articulation of each constituent
325	university in conjunction with the Legislature's authority over
326	the public schools and community colleges.
327	(c)3.  Ensuring the well-planned coordination and operation
328	of the State University System.
329	(d)4.  Avoiding wasteful duplication of facilities or
330	programs within the State University System.
331	(e)5.  Accounting for expenditure of funds appropriated by
332	the Legislature for the State University System as provided by
333	law.
334	(f)6.  Submitting a budget request for legislative
335	appropriations for the institutions under the supervision of the
336	board as provided by law.
337	(g)7.  Adopting strategic plans for the State University
338	System and each constituent university.
339	(h)8.  Approving, reviewing, and terminating degree
340	programs of the State University System.
341	(i)9.  Governing admissions to the state universities.
342	(j)10.  Serving as the public employer to all public
343	employees of state universities for collective bargaining
344	purposes.
345	(k)11.  Establishing a personnel system for all state
346	university employees; however, the Department of Management
347	Services shall retain authority over state university employees
348	for programs established in ss. 110.123, 110.1232, 110.1234,
349	110.1238, and 110.161, and in chapters 121, 122, and 238.
350	(l)12.  Complying with, and enforcing for institutions
351	under the board's jurisdiction, all applicable local, state, and
352	federal laws.
353	(3)(c)  CONSTITUTIONAL DUTIES OF THE LEGISLATURE.-In
354	accordance with s. 3, Art. II of the State Constitution, which
355	establishes the separation of powers of three branches of
356	government; s. 1, Art. III of the State Constitution, which
357	vests the legislative power of the state in the Legislature; s.
358	8, Art. III of the State Constitution, which provides the
359	exclusive executive veto power of the Governor and the exclusive
360	veto override power of the Legislature; s. 19, Art. III of the
361	State Constitution, which requires the Legislature to enact
362	state planning and budget processes and requirements for budget
363	requests by general law; s. 1, Art. VII of the State
364	Constitution, which requires that the authority to expend state
365	funds be by general law enacted by the Legislature; and s. 1,
366	Art. IX of the State Constitution, which requires the
367	Legislature to make adequate provision by law for the
368	"establishment, maintenance, and operation of institutions of
369	higher learning," the Legislature has the following
370	responsibilities:
371	(a)1.  Making provision by law for the establishment,
372	maintenance, and operation of institutions of higher learning
373	and other public education programs that the needs of the people
374	may require.
375	(b)2.  Appropriating all state funds through the General
376	Appropriations Act or other law.
377	(c)3.  Establishing tuition and fees.
378	(d)4.  Establishing policies relating to merit and need-
379	based student financial aid.
380	(e)5.  Establishing policies relating to expenditure of,
381	accountability for, and management of funds appropriated by the
382	Legislature or revenues authorized by the Legislature. This
383	includes, but is not limited to, policies relating to:
384	budgeting; deposit of funds; investments; accounting;
385	purchasing, procurement, and contracting; insurance; audits;
386	maintenance and construction of facilities; property; bond
387	financing; leasing; and information reporting.
388	(f)6.  Maintaining the actuarial and fiscal soundness of
389	centrally administered state systems by requiring state
390	universities to continue to participate in programs such as the
391	Florida Retirement System, the state group health insurance
392	programs, the state telecommunications and data network
393	(SUNCOM), and the state casualty insurance program.
394	(g)7.  Establishing and regulating the use of state powers
395	and protections, including, but not limited to, eminent domain,
396	certified law enforcement, and sovereign immunity.
397	(h)8.  Establishing policies relating to the health,
398	safety, and welfare of students, employees, and the public while
399	present on the campuses of institutions of higher learning.
400	(2)  LEGISLATIVE INTENT.-It is the intent of the
401	Legislature to reenact laws relating to the Board of Governors
402	of the State University System, the university boards of
403	trustees, the State Board of Education, and the postsecondary
404	education system in accordance with the findings of this act.
405	Section 11.  Section 1001.706, Florida Statutes, is amended
406	to read:
407	1001.706  Powers and duties of the Board of Governors.-
408	(1)  GENERAL PROVISIONS.-
409	(a)  For each constituent university, the Board of
410	Governors, or the board's designee, shall be responsible for
411	cost-effective policy decisions appropriate to the university's
412	mission, the implementation and maintenance of high-quality
413	education programs within law, the measurement of performance,
414	the reporting of information, and the provision of input
415	regarding state policy, budgeting, and education standards.
416	(2)  REGULATORY AUTHORITY.-
417	(a)  Pursuant to s. 7, Art. IX of the State Constitution,
418	the Board of Governors has the authority to regulate the State
419	University System and may adopt a regulation development
420	procedure for the Board of Governors and the university boards
421	of trustees to use in implementing their constitutional duties
422	and responsibilities.
423	(b)  The Board of Governors shall be subject to the
424	provisions of adopt rules pursuant to chapter 120 when acting
425	pursuant to statutory authority derived from the Legislature,
426	except that. the Board of Governors may adopt regulations if
427	expressly authorized or required by law rules pursuant to
428	chapter 120 when exercising the powers, duties, and authority
429	granted by s. 7, Art. IX of the State Constitution. Such
430	regulations must be adopted pursuant to a development procedure
431	that complies with paragraph (c). If the Board of Governors
432	delegates a power or duty to a university board of trustees as
433	the designee, the authority to adopt rules or regulations is
434	included in the delegation. If the Board of Governors delegates
435	a statutory power or duty to a university board of trustees, the
436	university board of trustees shall be subject to the provisions
437	of chapter 120 but may adopt regulations to the same extent as
438	the Board of Governors under this subsection.
439	(c)  The development procedure for regulations authorized
440	or required by law must provide for notice to the public of, and
441	an opportunity for public comment on, the proposed adoption,
442	amendment, or repeal of a regulation; a process for a
443	substantially affected person to challenge a statement of
444	general applicability that has not been properly adopted as a
445	regulation; a process for a substantially affected person to
446	challenge an unlawful regulation; and a process for the adoption
447	of and challenges to emergency regulations that are necessary to
448	protect the public interest in the emergency. Judicial review
449	shall be sought in the appellate district in which the
450	headquarters of the Board of Governors is located or in which
451	the main campus of the state university is located, as
452	applicable. The regulation development procedure shall be
453	published prominently on the websites of the Board of Governors
454	and the state universities.
455	(3)(2)  POWERS AND DUTIES RELATING TO ORGANIZATION AND
456	OPERATION OF STATE UNIVERSITIES.-
457	(a)  The Board of Governors, or the board's designee, shall
458	develop guidelines and procedures related to data and
459	technology, including information systems, communications
460	systems, computer hardware and software, and networks.
461	(b)  The Board of Governors shall develop guidelines
462	relating to divisions of sponsored research, pursuant to the
463	provisions of s. 1004.22, to serve the function of
464	administration and promotion of the programs of research.
465	(c)  The Board of Governors shall prescribe conditions for
466	direct-support organizations and university health services
467	support organizations to be certified and to use university
468	property and services. Conditions relating to certification must
469	provide for audit review and oversight by the Board of
470	Governors.
471	(d)  The Board of Governors shall develop guidelines for
472	supervising faculty practice plans for the academic health
473	science centers.
474	(e)  The Board of Governors shall ensure that students at
475	state universities have access to general education courses as
476	provided in the statewide articulation agreement, pursuant to s.
477	1007.23.
478	(f)  The Board of Governors shall approve baccalaureate
479	degree programs that require more than 120 semester credit hours
480	of coursework prior to such programs being offered by a state
481	university. At least half of the required coursework for any
482	baccalaureate degree must be offered at the lower-division
483	level, except in program areas approved by the Board of
484	Governors.
485	(g)  The Board of Governors, or the board's designee, shall
486	adopt a written antihazing policy, appropriate penalties for
487	violations of such policy, and a program for enforcing such
488	policy.
489	(h)  The Board of Governors, or the board's designee, may
490	establish a uniform code of conduct and appropriate penalties
491	for violations of its regulations rules by students and student
492	organizations, including regulations rules governing student
493	academic honesty. Such penalties, unless otherwise provided by
494	law, may include reasonable fines, the withholding of diplomas
495	or transcripts pending compliance with regulations rules or
496	payment of fines, and the imposition of probation, suspension,
497	or dismissal.
498	(4)(3)  POWERS AND DUTIES RELATING TO FINANCE.-
499	(a)  The Board of Governors, or the board's designee, shall
500	account for expenditures of all state, local, federal, and other
501	funds. Such accounting systems shall have appropriate audit and
502	internal controls in place that will enable the constituent
503	universities to satisfactorily and timely perform all accounting
504	and reporting functions required by state and federal law and
505	rules.
506	(b)  The Board of Governors shall prepare the legislative
507	budget requests for the State University System, including a
508	request for fixed capital outlay, and submit them to the State
509	Board of Education for inclusion in the K-20 legislative budget
510	request. The Board of Governors shall provide the state
511	universities with fiscal policy guidelines, formats, and
512	instruction for the development of individual university budget
513	requests.
514	(c)  The Board of Governors, or the board's designee, shall
515	establish tuition and fees pursuant to ss. 1009.24 and 1009.26.
516	(d)  The Board of Governors, or the board's designee, is
517	authorized to secure comprehensive general liability insurance
518	pursuant to s. 1004.24.
519	(5)(4)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY.-
520	(a)  The Legislature intends that the Board of Governors
521	shall align the missions of each constituent university with the
522	academic success of its students; the national reputation of its
523	faculty and its academic and research programs; the quantity of
524	externally generated research, patents, and licenses; and the
525	strategic and accountability plans required in paragraphs (b)
526	and (c). The mission alignment and strategic plan shall consider
527	peer institutions at the constituent universities. The mission
528	alignment and strategic plan shall acknowledge that universities
529	that have a national and international impact have the greatest
530	capacity to promote the state's economic development through:
531	new discoveries, patents, licenses, and technologies that
532	generate state businesses of global importance; research
533	achievements through external grants and contracts that are
534	comparable to nationally recognized and ranked universities; the
535	creation of a resource rich academic environment that attracts
536	high-technology business and venture capital to the state; and
537	this generation's finest minds focusing on solving the state's
538	economic, social, environmental, and legal problems in the areas
539	of life sciences, water, sustainability, energy, and health
540	care. A nationally recognized and ranked university that has a
541	global perspective and impact shall be afforded the opportunity
542	to enable and protect the university's competitiveness on the
543	global stage in fair competition with other institutions of
544	other states in the highest Carnegie Classification.
545	(b)(a)  The Board of Governors shall develop a strategic
546	plan specifying goals and objectives for the State University
547	System and each constituent university.
548	(c)(b)  The Board of Governors shall develop an
549	accountability plan for the State University System and each
550	constituent university.
551	(d)(c)  The Board of Governors shall maintain an effective
552	information system to provide accurate, timely, and cost-
553	effective information about each university. The board shall
554	continue to collect and maintain, at a minimum, the management
555	information databases as such information databases existed on
556	June 30, 2002.
557	(e)(d)  If the Board of Governors of the State University
558	System determines that a state university board of trustees is
559	unwilling or unable to address substantiated allegations made by
560	any person relating to waste, fraud, or financial mismanagement
561	within the state university, the Office of the Inspector General
562	shall investigate the allegations.
563	(6)(5)  POWERS AND DUTIES RELATING TO PERSONNEL.-
564	(a)  The Board of Governors, or the board's designee, shall
565	establish the personnel program for all employees of a state
566	university. The Board of Governors shall confirm the
567	presidential selection by a university board of trustees as a
568	means of acknowledging that system cooperation is expected
569	except the president.
570	(b)  The Department of Management Services shall retain
571	authority over state university employees for programs
572	established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
573	110.161 and in chapters 121, 122, and 238. Unless specifically
574	authorized by law, neither the Board of Governors nor a state
575	university may offer group insurance programs for employees as a
576	substitute for or as an alternative to the health insurance
577	programs offered pursuant to chapter 110.
578	(c)  Except as otherwise provided by law, university
579	employees are public employees for purposes of chapter 112 and
580	any payment for travel and per diem expenses shall not exceed
581	the level specified in s. 112.061.
582	(d)  The Board of Governors, or the board's designee, may
583	not enter into an employment contract that requires it the board
584	to pay an employee an amount from state funds in excess of 1
585	year of the employee's annual salary for termination, buyout, or
586	any other type of contract settlement. This paragraph does not
587	prohibit the payment of leave and benefits accrued by the
588	employee in accordance with the board's or designee's leave and
589	benefits policies before the contract terminates.
590	(7)(6)  POWERS AND DUTIES RELATING TO PROPERTY.-
591	(a)  The Board of Governors shall develop guidelines for
592	university boards of trustees relating to the acquisition of
593	real and personal property and the sale and disposal thereof and
594	the approval and execution of contracts for the purchase, sale,
595	lease, license, or acquisition of commodities, goods, equipment,
596	contractual services, leases of real and personal property, and
597	construction. The acquisition may include purchase by
598	installment or lease-purchase. Such contracts may provide for
599	payment of interest on the unpaid portion of the purchase price.
600	Title to all real property acquired prior to January 7, 2003,
601	and to all real property acquired with funds appropriated by the
602	Legislature shall be vested in the Board of Trustees of the
603	Internal Improvement Trust Fund and shall be transferred and
604	conveyed by it. Notwithstanding any other provisions of this
605	subsection, each board of trustees shall comply with the
606	provisions of s. 287.055 for the procurement of professional
607	services as defined therein. Any acquisition pursuant to this
608	paragraph is subject to the provisions of s. 1010.62.
609	(b)  The Board of Governors shall develop guidelines for
610	university boards of trustees relating to the use, maintenance,
611	protection, and control of university-owned or university-
612	controlled buildings and grounds, property and equipment, name,
613	trademarks and other proprietary marks, and the financial and
614	other resources of the university. Such authority may include
615	placing restrictions on activities and on access to facilities,
616	firearms, food, tobacco, alcoholic beverages, distribution of
617	printed materials, commercial solicitation, animals, and sound.
618	The authority provided the board of trustees in this subsection
619	includes the prioritization of the use of space, property,
620	equipment, and resources and the imposition of charges for those
621	items.
622	(c)  The Board of Governors, or the board's designee, shall
623	administer a program for the maintenance and construction of
624	facilities pursuant to chapter 1013.
625	(d)  The Board of Governors, or the board's designee, shall
626	ensure compliance with the provisions of s. 287.09451 for all
627	procurement and ss. 255.101 and 255.102 for construction
628	contracts, and rules adopted pursuant thereto, relating to the
629	utilization of minority business enterprises, except that
630	procurements costing less than the amount provided for in
631	CATEGORY FIVE as provided in s. 287.017 shall not be subject to
632	s. 287.09451.
633	(e)  Notwithstanding the provisions of s. 253.025 but
634	subject to the provisions of s. 1010.62, the Board of Governors,
635	or the board's designee, may, with the consent of the Board of
636	Trustees of the Internal Improvement Trust Fund, sell, convey,
637	transfer, exchange, trade, or purchase real property and related
638	improvements necessary and desirable to serve the needs and
639	purposes of the university.
640	1.  The Board of Governors, or the board's designee, may
641	secure appraisals and surveys. The Board of Governors, or the
642	board's designee, shall comply with the rules of the Board of
643	Trustees of the Internal Improvement Trust Fund in securing
644	appraisals. Whenever the Board of Governors, or the board's
645	designee, finds it necessary for timely property acquisition, it
646	may contract, without the need for competitive selection, with
647	one or more appraisers whose names are contained on the list of
648	approved appraisers maintained by the Division of State Lands in
649	the Department of Environmental Protection.
650	2.  The Board of Governors, or the board's designee, may
651	negotiate and enter into an option contract before an appraisal
652	is obtained. The option contract must state that the final
653	purchase price may not exceed the maximum value allowed by law.
654	The consideration for such an option contract may not exceed 10
655	percent of the estimate obtained by the Board of Governors, or
656	the board's designee, or 10 percent of the value of the parcel,
657	whichever is greater, unless otherwise authorized by the Board
658	of Governors or the board's designee.
659	3.  This paragraph is not intended to abrogate in any
660	manner the authority delegated to the Board of Trustees of the
661	Internal Improvement Trust Fund or the Division of State Lands
662	to approve a contract for purchase of state lands or to require
663	policies and procedures to obtain clear legal title to parcels
664	purchased for state purposes. Title to property acquired by a
665	university board of trustees prior to January 7, 2003, and to
666	property acquired with funds appropriated by the Legislature
667	shall vest in the Board of Trustees of the Internal Improvement
668	Trust Fund.
669	(f)  The Board of Governors, or the board's designee, shall
670	prepare and adopt a campus master plan pursuant to s. 1013.30.
671	(g)  The Board of Governors, or the board's designee, shall
672	prepare, adopt, and execute a campus development agreement
673	pursuant to s. 1013.30.
674	(h)  Notwithstanding the provisions of s. 216.351, the
675	Board of Governors, or the board's designee, may authorize the
676	rent or lease of parking facilities provided that such
677	facilities are funded through parking fees or parking fines
678	imposed by a university. The Board of Governors, or the board's
679	designee, may authorize a university board of trustees to charge
680	fees for parking at such rented or leased parking facilities.
681	(8)(7)  COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
682	REQUIREMENTS.-The Board of Governors has responsibility for
683	compliance with state and federal laws, rules, regulations, and
684	requirements.
685	(9)(8)  COOPERATION WITH OTHER BOARDS.-The Board of
686	Governors shall implement a plan for working on a regular basis
687	with the State Board of Education, the Commission for
688	Independent Education, the university boards of trustees,
689	representatives of the community college boards of trustees,
690	representatives of the private colleges and universities, and
691	representatives of the district school boards to achieve a
692	seamless education system.
693	(10)(9)  The Board of Governors is prohibited from
694	assessing any fee on state universities, unless specifically
695	authorized by law.
696	Section 12.  Subsection (3) is added to section 1001.72,
697	Florida Statutes, to read:
698	1001.72  University boards of trustees; boards to
699	constitute a corporation.-
700	(3)  Each board of trustees constitutes the contracting
701	agent of the university.
702	Section 13.  Section 1004.015, Florida Statutes, is created
703	to read:
704	1004.015  Higher Education Coordinating Council.-
705	(1)  The Higher Education Coordinating Council is created
706	for the purposes of identifying unmet needs and facilitating
707	solutions to disputes regarding the creation of new degree
708	programs and the establishment of new institutes, campuses, or
709	centers.
710	(2)  Members of the council shall include:
711	(a)  The Commissioner of Education.
712	(b)  The Chancellor of the State University System.
713	(c)  The Chancellor of the Florida College System.
714	(d)  The executive director of the Commission for
715	Independent Education.
716	(e)  The president of the Independent Colleges and
717	Universities of Florida.
718	(f)  Two representatives of the business community, one
719	appointed by the President of the Senate and one appointed by
720	the Speaker of the House of Representatives, who are committed
721	to developing and enhancing world class workforce infrastructure
722	necessary for Florida's citizens to compete and prosper in the
723	ever-changing economy of the 21st century.
724	(3)  The council shall serve as an advisory board to the
725	Legislature, the State Board of Education, and the Board of
726	Governors. Recommendations of the council shall be consistent
727	with the following guiding principles:
728	(a)  To achieve within existing resources a seamless
729	academic educational system that fosters an integrated continuum
730	of kindergarten through graduate school education for Florida's
731	students.
732	(b)  To promote consistent education policy across all
733	educational delivery systems, focusing on students.
734	(c)  To promote substantially improved articulation across
735	all educational delivery systems.
736	(d)  To promote a system that maximizes educational access
737	and allows the opportunity for a high-quality education for all
738	Floridians.
739	(e)  To promote a system of coordinated and consistent
740	transfer of credit and data collection for improved
741	accountability purposes between the educational delivery
742	systems.
743	(4)  The Board of Governors shall provide administrative
744	support for the council.
745	Section 14.  Subsections (1) and (3) of section 1004.03,
746	Florida Statutes, are amended to read:
747	1004.03  Program approval.-
748	(1)  The Board of Governors shall establish criteria for
749	the review and approval of proposed new programs at state
750	universities to ensure the well-planned development,
751	coordination, and operation of the State University System and
752	to avoid wasteful duplication of facilities or programs. The
753	Board of Governors shall submit an annual report to the
754	President of the Senate, the Speaker of the House of
755	Representatives, and the Governor listing the reviews conducted
756	and the results of each review. that will receive any support
757	from tuition and fees assessed pursuant to s. 1009.24 or from
758	funds appropriated by the Legislature through the General
759	Appropriations Act or other law. These criteria include, but are
760	not limited to, the following:
761	(a)  New programs may not be approved unless the same
762	objectives cannot be met through use of educational technology.
763	(b)  Unnecessary duplication of programs offered by public
764	and independent institutions shall be avoided.
765	(c)  Cooperative programs, particularly within regions,
766	should be encouraged.
767	(d)  New programs shall be approved only if they are
768	consistent with the strategic plan adopted by the Board of
769	Governors.
770	(e)  A new graduate-level program or professional-level
771	program may be approved if:
772	1.  The university has taken into account the offerings of
773	its counterparts, including institutions in other sectors,
774	particularly at the regional level.
775	2.  The addition of the program will not alter the emphasis
776	on undergraduate education.
777	3.  The regional need and demand for the program was
778	addressed and the community needs are obvious.
779	(3)  New colleges, schools, or functional equivalents of
780	any program that leads to a degree that is offered as a
781	credential for a specific license granted under the Florida
782	Statutes or the State Constitution and that will receive any
783	support from tuition and fees or from funds appropriated by the
784	Legislature through the General Appropriations Act or other law
785	shall not be established without the specific approval of the
786	Legislature.
787	Section 15.  Subsection (4) of section 1004.07, Florida
788	Statutes, is amended to read:
789	1004.07  Student withdrawal from courses due to military
790	service; effect.-
791	(4)  Policies of state university boards of trustees shall
792	be established by regulation rule and pursuant to guidelines of
793	the Board of Governors.
794	Section 16.  Section 1006.54, Florida Statutes, is amended
795	to read:
796	1006.54  Universities; public documents distributed to
797	libraries.-The general library of each state university may
798	receive copies of reports of state officials, departments, and
799	institutions and all other state documents published by the
800	state. Each officer of the state empowered by law to distribute
801	such public documents may transmit without charge, except for
802	payment of shipping costs, the number of copies of each public
803	document desired upon requisition from the librarian. It is the
804	duty of the library to keep public documents in a convenient
805	form accessible to the public. The library, under regulations
806	rules formulated by the university board of trustees, is
807	authorized to exchange documents for those of other states,
808	territories, and countries.
809	Section 17.  Section 1006.60, Florida Statutes, is amended
810	to read:
811	1006.60  Codes of conduct; disciplinary measures;
812	rulemaking authority to adopt rules or regulations.-
813	(1)  Each community college and state university may adopt,
814	by rule, and each state university may adopt, by regulation,
815	codes of conduct and appropriate penalties for violations of
816	rules or regulations by students, to be administered by the
817	institution. Such penalties, unless otherwise provided by law,
818	may include: reprimand; restitution; fines; withholding of
819	diplomas or transcripts pending compliance with rules or
820	regulations, completion of any student judicial process or
821	sanction, or payment of fines; restrictions on the use of or
822	removal from campus facilities; community service; educational
823	requirements; and the imposition of probation, suspension,
824	dismissal, or expulsion.
825	(2)  Each community college and state university may adopt,
826	by rule, and each state university may adopt, by regulation, a
827	code of conduct and appropriate penalties for violations of
828	rules or regulations by student organizations, to be
829	administered by the institution. Such penalties, unless
830	otherwise provided by law, may include: reprimand; restitution;
831	suspension, cancellation, or revocation of the registration or
832	official recognition of a student organization; and restrictions
833	on the use of, or removal from, campus facilities.
834	(3)  Sanctions authorized by such codes of conduct may be
835	imposed only for acts or omissions in violation of rules or
836	regulations adopted by the institution, including rules or
837	regulations adopted under this section, rules of the State Board
838	of Education, rules or regulations of or the Board of Governors
839	regarding the State University System, county and municipal
840	ordinances, and the laws of this state, the United States, or
841	any other state.
842	(4)  Each community college and state university may
843	establish and adopt, by rule, and each state university may
844	establish and adopt, by regulation, codes of appropriate
845	penalties for violations of rules or regulations governing
846	student academic honesty. Such penalties, unless otherwise
847	provided by law, may include: reprimand; reduction of grade;
848	denial of academic credit; invalidation of university credit or
849	of the degree based upon such credit; probation; suspension;
850	dismissal; or expulsion. In addition to any other penalties that
851	may be imposed, an individual may be denied admission or further
852	registration, and the institution may invalidate academic credit
853	for work done by a student and may invalidate or revoke the
854	degree based upon such credit if it is determined that the
855	student has made false, fraudulent, or incomplete statements in
856	the application, residence affidavit, or accompanying documents
857	or statements in connection with, or supplemental to, the
858	application for admission to or graduation from the institution.
859	(5)  Each community college and state university shall
860	adopt rules and each state university shall adopt regulations
861	for the lawful discipline of any student who intentionally acts
862	to impair, interfere with, or obstruct the orderly conduct,
863	processes, and functions of the institution. Said rules or
864	regulations may apply to acts conducted on or off campus when
865	relevant to such orderly conduct, processes, and functions.
866	Section 18.  Subsection (2) of section 1006.65, Florida
867	Statutes, is amended to read:
868	1006.65  Safety issues in courses offered by public
869	postsecondary educational institutions.-
870	(2)  The Board of Governors shall adopt regulations rules
871	to ensure that policies and procedures are in place to protect
872	the health and safety of students, instructional personnel, and
873	visitors who participate in courses offered by a state
874	university.
875	Section 19.  Subsection (3) of section 1007.264, Florida
876	Statutes, is amended to read:
877	1007.264  Persons with disabilities; admission to
878	postsecondary educational institutions; substitute requirements;
879	rules and regulations.-
880	(3)  The Board of Governors, in consultation with the State
881	Board of Education, shall adopt regulations rules to implement
882	this section for state universities and shall develop substitute
883	admission requirements where appropriate.
884	Section 20.  Subsection (3) of section 1007.265, Florida
885	Statutes, is amended to read:
886	1007.265  Persons with disabilities; graduation, study
887	program admission, and upper-division entry; substitute
888	requirements; rules and regulations.-
889	(3)  The Board of Governors, in consultation with the State
890	Board of Education, shall adopt regulations rules to implement
891	this section for state universities and shall develop substitute
892	requirements where appropriate.
893	Section 21.  Section 1009.24, Florida Statutes, is amended
894	to read:
895	1009.24  State university student fees.-
896	(1)  This section applies to students enrolled in college
897	credit programs at state universities.
898	(2)  All students shall be charged fees except students who
899	are exempt from fees or students whose fees are waived.
900	(3)  All moneys from tuition and fees shall be deposited
901	pursuant to s. 1011.42.
902	(4)(a)  Effective January 1, 2008, the resident
903	undergraduate tuition for lower-level and upper-level coursework
904	shall be $77.39 per credit hour.
905	(b)  Beginning with the 2008-2009 fiscal year and each year
906	thereafter, the resident undergraduate tuition per credit hour
907	shall increase at the beginning of each fall semester at a rate
908	equal to inflation, unless otherwise provided in the General
909	Appropriations Act. The Office of Economic and Demographic
910	Research shall report the rate of inflation to the President of
911	the Senate, the Speaker of the House of Representatives, the
912	Governor, and the Board of Governors each year prior to March 1.
913	For purposes of this paragraph, the rate of inflation shall be
914	defined as the rate of the 12-month percentage change in the
915	Consumer Price Index for All Urban Consumers, U.S. City Average,
916	All Items, or successor reports as reported by the United States
917	Department of Labor, Bureau of Labor Statistics, or its
918	successor for December of the previous year. In the event the
919	percentage change is negative, the resident undergraduate
920	tuition shall remain at the same level as the prior fiscal year.
921	(c)  The Board of Governors, or the board's designee, may
922	establish tuition for graduate and professional programs, and
923	out-of-state fees for all programs. Except as otherwise provided
924	in this section, the sum of tuition and out-of-state fees
925	assessed to nonresident students must be sufficient to offset
926	the full instructional cost of serving such students. However,
927	adjustments to out-of-state fees or tuition for graduate
928	programs and professional programs may not exceed 15 percent in
929	any year.
930	(d)  The Board of Governors may consider and approve
931	flexible tuition policies as requested by a university board of
932	trustees in accordance with the provisions of subsection (15)
933	only to the extent such policies are in alignment with the
934	mission of the university and do not increase the state's fiscal
935	liability or obligations, including, but not limited to, any
936	fiscal liability or obligation for programs authorized under ss.
937	1009.53-1009.538 and ss. 1009.97-1009.984.
938	(e)(d)  The sum of the activity and service, health, and
939	athletic fees a student is required to pay to register for a
940	course shall not exceed 40 percent of the tuition established in
941	law or in the General Appropriations Act. No university shall be
942	required to lower any fee in effect on the effective date of
943	this act in order to comply with this subsection. Within the 40
944	percent cap, universities may not increase the aggregate sum of
945	activity and service, health, and athletic fees more than 5
946	percent per year unless specifically authorized in law or in the
947	General Appropriations Act. A university may increase its
948	athletic fee to defray the costs associated with changing
949	National Collegiate Athletic Association divisions. Any such
950	increase in the athletic fee may exceed both the 40 percent cap
951	and the 5 percent cap imposed by this subsection. Any such
952	increase must be approved by the athletic fee committee in the
953	process outlined in subsection (12) and cannot exceed $2 per
954	credit hour. Notwithstanding the provisions of ss. 1009.534,
955	1009.535, and 1009.536, that portion of any increase in an
956	athletic fee pursuant to this subsection that causes the sum of
957	the activity and service, health, and athletic fees to exceed
958	the 40 percent cap or the annual increase in such fees to exceed
959	the 5 percent cap shall not be included in calculating the
960	amount a student receives for a Florida Academic Scholars award,
961	a Florida Medallion Scholars award, or a Florida Gold Seal
962	Vocational Scholars award.
963	(f)(e)  This subsection does not prohibit a university from
964	increasing or assessing optional fees related to specific
965	activities if payment of such fees is not required as a part of
966	registration for courses.
967	(5)  A university may implement a differential out-of-state
968	fee in accordance with regulations developed by the Board of
969	Governors for the following:
970	(a)  A student from another state that borders the service
971	area of the university.
972	(b)  A graduate student who has been determined to be a
973	nonresident for tuition purposes pursuant to s. 1009.21 and has
974	a .25 full-time equivalent appointment or greater as a graduate
975	assistant, graduate research assistant, graduate teaching
976	assistant, graduate research associate, or graduate teaching
977	associate.
978	(c)  A graduate student who has been determined to be a
979	nonresident for tuition purposes pursuant to s. 1009.21 and is
980	receiving a full fellowship.
981	(6)  Students who are enrolled in Programs in Medical
982	Sciences are considered graduate students for the purpose of
983	enrollment and student fees.
984	(7)  A university board of trustees is authorized to
985	collect for financial aid purposes an amount not to exceed 5
986	percent of the tuition and out-of-state fee. The revenues from
987	fees are to remain at each campus and replace existing financial
988	aid fees. Such funds shall be disbursed to students as quickly
989	as possible. A minimum of 75 percent of funds from the student
990	financial aid fee shall be used to provide financial aid based
991	on absolute need. The Board of Governors shall develop criteria
992	for making financial aid awards. Each university shall report
993	annually to the Board of Governors and the Department of
994	Education on the revenue collected pursuant to this subsection,
995	the amount carried forward, the criteria used to make awards,
996	the amount and number of awards for each criterion, and a
997	delineation of the distribution of such awards. The report shall
998	include an assessment by category of the financial need of every
999	student who receives an award, regardless of the purpose for
1000	which the award is received. Awards which are based on financial
1001	need shall be distributed in accordance with a nationally
1002	recognized system of need analysis approved by the Board of
1003	Governors. An award for academic merit shall require a minimum
1004	overall grade point average of 3.0 on a 4.0 scale or the
1005	equivalent for both initial receipt of the award and renewal of
1006	the award.
1007	(8)  The Capital Improvement Trust Fund fee is established
1008	as $2.44 per credit hour per semester. The building fee is
1009	established as $2.32 per credit hour per semester.
1010	(9)  Each university board of trustees is authorized to
1011	establish separate activity and service, health, and athletic
1012	fees. When duly established, the fees shall be collected as
1013	component parts of tuition and fees and shall be retained by the
1014	university and paid into the separate activity and service,
1015	health, and athletic funds. Notwithstanding any other provision
1016	of law to the contrary, a university may transfer revenues
1017	derived from the fees authorized pursuant to this subsection to
1018	a university direct-support organization of the university to be
1019	used only for the purpose of paying and securing debt on
1020	projects approved pursuant to s. 1010.62 and pursuant to a
1021	written agreement approved by the Board of Governors. The amount
1022	transferred may not exceed the amount authorized for annual debt
1023	service pursuant to s. 1010.62.
1024	(10)(a)  Each university board of trustees shall establish
1025	a student activity and service fee on the main campus of the
1026	university. The university board may also establish a student
1027	activity and service fee on any branch campus or center. Any
1028	subsequent increase in the activity and service fee must be
1029	recommended by an activity and service fee committee, at least
1030	one-half of whom are students appointed by the student body
1031	president. The remainder of the committee shall be appointed by
1032	the university president. A chairperson, appointed jointly by
1033	the university president and the student body president, shall
1034	vote only in the case of a tie. The recommendations of the
1035	committee shall take effect only after approval by the
1036	university president, after consultation with the student body
1037	president, with final approval by the university board of
1038	trustees. An increase in the activity and service fee may occur
1039	only once each fiscal year and must be implemented beginning
1040	with the fall term. The Board of Governors is responsible for
1041	adopting the regulations rules and timetables necessary to
1042	implement this fee.
1043	(b)  The student activity and service fees shall be
1044	expended for lawful purposes to benefit the student body in
1045	general. This shall include, but shall not be limited to,
1046	student publications and grants to duly recognized student
1047	organizations, the membership of which is open to all students
1048	at the university without regard to race, sex, or religion. The
1049	fund may not benefit activities for which an admission fee is
1050	charged to students, except for student-government-association-
1051	sponsored concerts. The allocation and expenditure of the fund
1052	shall be determined by the student government association of the
1053	university, except that the president of the university may veto
1054	any line item or portion thereof within the budget when
1055	submitted by the student government association legislative
1056	body. The university president shall have 15 school days from
1057	the date of presentation of the budget to act on the allocation
1058	and expenditure recommendations, which shall be deemed approved
1059	if no action is taken within the 15 school days. If any line
1060	item or portion thereof within the budget is vetoed, the student
1061	government association legislative body shall within 15 school
1062	days make new budget recommendations for expenditure of the
1063	vetoed portion of the fund. If the university president vetoes
1064	any line item or portion thereof within the new budget
1065	revisions, the university president may reallocate by line item
1066	that vetoed portion to bond obligations guaranteed by activity
1067	and service fees. Unexpended funds and undisbursed funds
1068	remaining at the end of a fiscal year shall be carried over and
1069	remain in the student activity and service fund and be available
1070	for allocation and expenditure during the next fiscal year.
1071	(11)  Each university board of trustees shall establish a
1072	student health fee on the main campus of the university. The
1073	university board of trustees may also establish a student health
1074	fee on any branch campus or center. Any subsequent increase in
1075	the health fee must be recommended by a health committee, at
1076	least one-half of whom are students appointed by the student
1077	body president. The remainder of the committee shall be
1078	appointed by the university president. A chairperson, appointed
1079	jointly by the university president and the student body
1080	president, shall vote only in the case of a tie. The
1081	recommendations of the committee shall take effect only after
1082	approval by the university president, after consultation with
1083	the student body president, with final approval by the
1084	university board of trustees. An increase in the health fee may
1085	occur only once each fiscal year and must be implemented
1086	beginning with the fall term. The Board of Governors is
1087	responsible for adopting the regulations rules and timetables
1088	necessary to implement this fee.
1089	(12)  Each university board of trustees shall establish a
1090	separate athletic fee on the main campus of the university. The
1091	university board may also establish a separate athletic fee on
1092	any branch campus or center. Any subsequent increase in the
1093	athletic fee must be recommended by an athletic fee committee,
1094	at least one-half of whom are students appointed by the student
1095	body president. The remainder of the committee shall be
1096	appointed by the university president. A chairperson, appointed
1097	jointly by the university president and the student body
1098	president, shall vote only in the case of a tie. The
1099	recommendations of the committee shall take effect only after
1100	approval by the university president, after consultation with
1101	the student body president, with final approval by the
1102	university board of trustees. An increase in the athletic fee
1103	may occur only once each fiscal year and must be implemented
1104	beginning with the fall term. The Board of Governors is
1105	responsible for adopting the regulations rules and timetables
1106	necessary to implement this fee.
1107	(13)  Each university board of trustees may establish a
1108	technology fee of up to 5 percent of the tuition per credit
1109	hour. The revenue from this fee shall be used to enhance
1110	instructional technology resources for students and faculty. The
1111	technology fee may not be included in any award under the
1112	Florida Bright Futures Scholarship Program established pursuant
1113	to ss. 1009.53-1009.538.
1114	(14)(13)  Except as otherwise provided in subsection (15),
1115	each university board of trustees is authorized to establish the
1116	following fees:
1117	(a)  A nonrefundable application fee in an amount not to
1118	exceed $30.
1119	(b)  An orientation fee in an amount not to exceed $35.
1120	(c)  A fee for security, access, or identification cards.
1121	The annual fee for such a card may not exceed $10 per card. The
1122	maximum amount charged for a replacement card may not exceed
1123	$15.
1124	(d)  Registration fees for audit and zero-hours
1125	registration; a service charge, which may not exceed $15, for
1126	the payment of tuition and fees in installments; and a late-
1127	registration fee in an amount not less than $50 nor more than
1128	$100 to be imposed on students who fail to initiate registration
1129	during the regular registration period.
1130	(e)  A late-payment fee in an amount not less than $50 nor
1131	more than $100 to be imposed on students who fail to pay or fail
1132	to make appropriate arrangements to pay (by means of installment
1133	payment, deferment, or third-party billing) tuition by the
1134	deadline set by each university. Each university may adopt
1135	specific procedures or policies for waiving the late-payment fee
1136	for minor underpayments.
1137	(f)(r)  Fees for transcripts and diploma replacement, not
1138	to exceed $10 per item.
1139	(g)  A nonrefundable admissions deposit for undergraduate,
1140	graduate, and professional degree programs in an amount not to
1141	exceed $200. The admissions deposit shall be imposed at the time
1142	of an applicant's acceptance to the university and shall be
1143	applied toward tuition upon enrollment. If the applicant does
1144	not enroll in the university, the admissions deposit shall be
1145	deposited in an auxiliary account of the university and used to
1146	expand financial assistance, scholarships, and student academic
1147	and career counseling services at the university. The Board of
1148	Governors shall adopt a policy that provides for the waiver of
1149	such admissions deposit on the basis of financial hardship.
1150	(h)(f)  A fee for miscellaneous health-related charges for
1151	services provided at cost by the university health center which
1152	are not covered by the health fee set under subsection (11).
1153	(i)(g)  Materials and supplies fees to offset the cost of
1154	materials or supplies that are consumed in the course of the
1155	student's instructional activities, excluding the cost of
1156	equipment replacement, repairs, and maintenance.
1157	(j)(h)  Housing rental rates and miscellaneous housing
1158	charges for services provided by the university at the request
1159	of the student.
1160	(k)(i)  A charge representing the reasonable cost of
1161	efforts to collect payment of overdue accounts.
1162	(l)(j)  A service charge on university loans in lieu of
1163	interest and administrative handling charges.
1164	(m)(k)  A fee for off-campus course offerings when the
1165	location results in specific, identifiable increased costs to
1166	the university.
1167	(n)(l)  Library fees and fines, including charges for
1168	damaged and lost library materials, overdue reserve library
1169	books, interlibrary loans, and literature searches.
1170	(o)(m)  Fees relating to duplicating, photocopying,
1171	binding, and microfilming; copyright services; and standardized
1172	testing. These fees may be charged only to those who receive the
1173	services.
1174	(p)(n)  Fees and fines relating to the use, late return,
1175	and loss and damage of facilities and equipment.
1176	(q)(o)  A returned-check fee as authorized by s. 832.07(1)
1177	for unpaid checks returned to the university.
1178	(r)(p)  Traffic and parking fines, charges for parking
1179	decals, and transportation access fees.
1180	(s)(q)  An Educational Research Center for Child
1181	Development fee for child care and services offered by the
1182	center.
1183	(s)  A technology fee of up to 5 percent of the tuition per
1184	credit hour, beginning with the fall term of the 2009-2010
1185	academic year. The revenue from this fee shall be used to
1186	enhance instructional technology resources for students and
1187	faculty. The technology fee shall not be included in any award
1188	under the Florida Bright Futures Scholarship Program.
1189
1190	With the exception of housing rental rates and except as
1191	otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
1192	shall be based on reasonable costs of services. The Board of
1193	Governors shall adopt regulations and timetables necessary to
1194	implement the fees and fines authorized under this subsection.
1195	The fees assessed under this subsection may be used for debt
1196	only as authorized under s. 1010.62.
1197	(14)  Each university board of trustees is authorized to
1198	establish a nonrefundable admissions deposit for undergraduate,
1199	graduate, and professional degree programs in an amount not to
1200	exceed $200. The admissions deposit shall be imposed at the time
1201	of an applicant's acceptance to the university and shall be
1202	applied toward tuition upon enrollment. In the event the
1203	applicant does not enroll in the university, the admissions
1204	deposit shall be deposited in an auxiliary account of the
1205	university and used to expand financial assistance,
1206	scholarships, and student academic and career counseling
1207	services at the university. A university board of trustees that
1208	establishes an admissions deposit pursuant to this subsection
1209	must also adopt policies that provide for the waiver of such
1210	deposit on the basis of financial hardship.
1211	(15)(a)  The Board of Governors may approve:
1212	1.  A proposal from a university board of trustees to
1213	establish a new student fee that is not specifically authorized
1214	by this section.
1215	2.  A proposal from a university board of trustees to
1216	increase the current cap for an existing fee authorized pursuant
1217	to paragraphs (14)(a)-(g).
1218	3.  A proposal from a university board of trustees to
1219	implement flexible tuition policies, such as undergraduate or
1220	graduate block tuition, block tuition differential, or market
1221	tuition rates for graduate-level online courses or graduate-
1222	level courses offered through a university's continuing
1223	education program. A block tuition policy for resident
1224	undergraduate students or undergraduate-level courses shall be
1225	based on the per-credit-hour undergraduate tuition established
1226	under subsection (4). A block tuition policy for nonresident
1227	undergraduate students shall be based on the per-credit-hour
1228	undergraduate tuition and out-of-state fee established under
1229	subsection (4). Flexible tuition policies, including block
1230	tuition, may not increase the state's fiscal liability or
1231	obligation.
1232	(b)  A proposal developed pursuant to paragraph (a) shall
1233	be submitted in accordance with guidelines established by the
1234	Board of Governors. Approval by the Board of Governors of such
1235	proposal must be made in accordance with the provisions of this
1236	subsection.
1237	(c)  In reviewing a proposal to establish a new fee under
1238	subparagraph (a)1., the Board of Governors shall consider:
1239	1.  The purpose to be served or accomplished by the new
1240	fee.
1241	2.  Whether there is a demonstrable student-based need for
1242	the new fee that is not currently being met through existing
1243	university services, operations, or another fee.
1244	3.  Whether the financial impact on students is warranted
1245	in light of other charges assessed to students for tuition and
1246	associated fees.
1247	4.  Whether any restrictions, limitations, or conditions
1248	should be placed on the use of the fee.
1249	5.  Whether there are outcome measures to indicate if the
1250	purpose for which the fee was established is accomplished.
1251	(d)  In reviewing a proposal to increase or exceed the
1252	current cap for an existing fee under subparagraph (a)2., the
1253	Board of Governors shall consider:
1254	1.  The services or operations currently being funded by
1255	the fee.
1256	2.  Whether those services or operations can be performed
1257	more efficiently to alleviate the need for any increase.
1258	3.  The additional or enhanced services or operations to be
1259	funded by the increase.
1260	4.  Whether any alternative resources are available to meet
1261	the need.
1262	5.  Whether the financial impact on students is warranted
1263	in light of other charges assessed to students for tuition and
1264	associated fees.
1265	(e)  In reviewing a proposal to implement a flexible
1266	tuition policy under subparagraph (a)3., the Board of Governors
1267	shall consider:
1268	1.  Whether the proposed tuition flexibility policy is
1269	aligned with the mission of the university.
1270	2.  Whether the proposed tuition flexibility policy
1271	increases the state's fiscal liabilities or obligations and, if
1272	so, the proposal shall be denied.
1273	3.  Whether any restrictions, limitations, or conditions
1274	should be placed on the policy.
1275	4.  How the proposed tuition flexibility policy will be
1276	implemented to honor the advance payment contracts of students
1277	who are beneficiaries of prepaid tuition contracts under s.
1278	1009.98.
1279	(f)  The Board of Governors shall submit an annual report
1280	to the President of the Senate, the Speaker of the House of
1281	Representatives, and the Governor summarizing the proposals
1282	received by the board during the preceding year and actions
1283	taken by the board in response to such proposals. The Board of
1284	Governors shall also include in the annual report the following
1285	information for each fee established pursuant to subparagraph
1286	(a)1.:
1287	1.  The amount of the fee.
1288	2.  The total revenues generated by the fee.
1289	3.  Detailed expenditures of the revenues generated by the
1290	fee.
1291	(g)  The aggregate sum of any fees established pursuant to
1292	subparagraph (a)1. that a student is required to pay to register
1293	for a course shall not exceed 10 percent of tuition.
1294	(h)  Any fee established pursuant to subparagraph (a)1.
1295	shall not be included in any award under the Florida Bright
1296	Futures Scholarship Program established pursuant to ss. 1009.53-
1297	1009.538.
1298	(i)  The revenues generated by a fee established pursuant
1299	to subparagraph (a)1. may not be transferred to an auxiliary
1300	enterprise or a direct-support organization and may not be used
1301	for the purpose of paying or securing debt.
1302	(j)  If the Board of Governors approves a university
1303	proposal to establish a fee pursuant to subparagraph (a)1., a
1304	fee committee shall be established at the university to make
1305	recommendations to the university president and the university
1306	board of trustees regarding how the revenue from the fee is to
1307	be spent and any subsequent changes to the fee. At least one-
1308	half of the committee must be students appointed by the student
1309	body president. The remainder of the committee shall be
1310	appointed by the university president. A chair, appointed
1311	jointly by the university president and the student body
1312	president, shall vote only in the case of a tie.
1313	(k)  An increase to an existing fee or a fee established
1314	pursuant to subparagraph (a)1. may occur no more than once each
1315	fiscal year and must be implemented beginning with the fall term
1316	Each university may assess a service charge for the payment of
1317	tuition and fees in installments. Such service charge must be
1318	approved by the university board of trustees.
1319	(16)  Each university board of trustees may establish a
1320	tuition differential for undergraduate courses upon receipt of
1321	approval from the Board of Governors. The tuition differential
1322	shall promote improvements in the quality of undergraduate
1323	education and shall provide financial aid to undergraduate
1324	students who exhibit financial need.
1325	(a)  Seventy percent of the revenues from the tuition
1326	differential shall be expended for purposes of undergraduate
1327	education. Such expenditures may include, but are not limited
1328	to, increasing course offerings, improving graduation rates,
1329	increasing the percentage of undergraduate students who are
1330	taught by faculty, decreasing student-faculty ratios, providing
1331	salary increases for faculty who have a history of excellent
1332	teaching in undergraduate courses, improving the efficiency of
1333	the delivery of undergraduate education through academic
1334	advisement and counseling, and reducing the percentage of
1335	students who graduate with excess hours. This expenditure for
1336	undergraduate education may not be used to pay the salaries of
1337	graduate teaching assistants. The remaining 30 percent of the
1338	revenues from the tuition differential, or the equivalent amount
1339	of revenue from private sources, shall be expended to provide
1340	financial aid to undergraduate students who exhibit financial
1341	need to meet the cost of university attendance. This expenditure
1342	for need-based financial aid shall not supplant the amount of
1343	need-based aid provided to undergraduate students in the
1344	preceding fiscal year from financial aid fee revenues, the
1345	direct appropriation for financial assistance provided to state
1346	universities in the General Appropriations Act, or from private
1347	sources.
1348	(b)  Each tuition differential is subject to the following
1349	conditions:
1350	1.  The tuition differential may be assessed on one or more
1351	undergraduate courses or on all undergraduate courses at a state
1352	university.
1353	2.  The tuition differential may vary by course or courses,
1354	campus or center location, and by institution. Each university
1355	board of trustees shall strive to maintain and increase
1356	enrollment in degree programs related to math, science, high
1357	technology, and other state or regional high-need fields when
1358	establishing tuition differentials by course.
1359	3.  For each state university that has total research and
1360	development expenditures for all fields of at least $100 million
1361	per year as reported annually to the National Science
1362	Foundation, the aggregate sum of tuition and the tuition
1363	differential may not be increased by more than 15 percent of the
1364	total charged for the aggregate sum of these fees in the
1365	preceding fiscal year. For each state university that has total
1366	research and development expenditures for all fields of less
1367	than $100 million per year as reported annually to the National
1368	Science Foundation, the aggregate sum of tuition and the tuition
1369	differential may not be increased by more than 15 percent of the
1370	total charged for the aggregate sum of these fees in the
1371	preceding fiscal year.
1372	4.  The aggregate sum of undergraduate tuition and fees per
1373	credit hour, including the tuition differential, may not exceed
1374	the national average of undergraduate tuition and fees at 4-year
1375	degree-granting public postsecondary educational institutions.
1376	5.  The tuition differential shall not be included in any
1377	award under the Florida Bright Futures Scholarship Program
1378	established pursuant to may not be calculated as a part of the
1379	scholarship programs established in ss. 1009.53-1009.538.
1380	6.  Beneficiaries having prepaid tuition contracts pursuant
1381	to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
1382	which remain in effect, are exempt from the payment of the
1383	tuition differential.
1384	7.  The tuition differential may not be charged to any
1385	student who was in attendance at the university before July 1,
1386	2007, and who maintains continuous enrollment.
1387	8.  The tuition differential may be waived by the
1388	university for students who meet the eligibility requirements
1389	for the Florida public student assistance grant established in
1390	s. 1009.50.
1391	9.  Subject to approval by the Board of Governors, the
1392	tuition differential authorized pursuant to this subsection may
1393	take effect with the 2009 fall term.
1394	(c)  A university board of trustees may submit a proposal
1395	to the Board of Governors to implement a tuition differential
1396	for one or more undergraduate courses. At a minimum, the
1397	proposal shall:
1398	1.  Identify the course or courses for which the tuition
1399	differential will be assessed.
1400	2.  Indicate the amount that will be assessed for each
1401	tuition differential proposed.
1402	3.  Indicate the purpose of the tuition differential.
1403	4.  Indicate how the revenues from the tuition differential
1404	will be used.
1405	5.  Indicate how the university will monitor the success of
1406	the tuition differential in achieving the purpose for which the
1407	tuition differential is being assessed.
1408	(d)  The Board of Governors shall review each proposal and
1409	advise the university board of trustees of approval of the
1410	proposal, the need for additional information or revision to the
1411	proposal, or denial of the proposal. The Board of Governors
1412	shall establish a process for any university to revise a
1413	proposal or appeal a decision of the board.
1414	(e)  The Board of Governors shall submit a report to the
1415	President of the Senate, the Speaker of the House of
1416	Representatives, and the Governor describing the implementation
1417	of the provisions of this subsection no later than January 1,
1418	2010, and no later than January 1 each year thereafter. The
1419	report shall summarize proposals received by the board during
1420	the preceding fiscal year and actions taken by the board in
1421	response to such proposals. In addition, the report shall
1422	provide the following information for each university that has
1423	been approved by the board to assess a tuition differential:
1424	1.  The course or courses for which the tuition
1425	differential was assessed and the amount assessed.
1426	2.  The total revenues generated by the tuition
1427	differential.
1428	3.  With respect to waivers authorized under subparagraph
1429	(b)8., the number of students eligible for a waiver, the number
1430	of students receiving a waiver, and the value of waivers
1431	provided.
1432	4.  Detailed expenditures of the revenues generated by the
1433	tuition differential.
1434	5.  Changes in retention rates, graduation rates, the
1435	percentage of students graduating with more than 110 percent of
1436	the hours required for graduation, pass rates on licensure
1437	examinations, the number of undergraduate course offerings, the
1438	percentage of undergraduate students who are taught by faculty,
1439	student-faculty ratios, and the average salaries of faculty who
1440	teach undergraduate courses.
1441	(f)  No state university shall be required to lower any
1442	tuition differential that was approved by the Board of Governors
1443	and in effect prior to January 1, 2009, in order to comply with
1444	the provisions of this subsection.
1445	(17)(a)  A state university may assess a student who
1446	enrolls in a course listed in the Florida Higher Education
1447	Distance Learning Catalog, established pursuant to s. 1004.09, a
1448	per-credit-hour distance learning course fee. For purposes of
1449	assessing this fee, a distance learning course is a course in
1450	which at least 80 percent of the direct instruction of the
1451	course is delivered using some form of technology when the
1452	student and instructor are separated by time or space, or both.
1453	(b)  The amount of the distance learning course fee may not
1454	exceed the additional costs of the services provided which are
1455	attributable to the development and delivery of the distance
1456	learning course. If the distance learning course fee is assessed
1457	by a state university, the institution may not assess
1458	duplicative fees to cover the additional costs.
1459	(c)  The link for the catalog must be prominently displayed
1460	within the advising and distance learning sections of the
1461	institution's website, using a graphic and description provided
1462	by the Florida Distance Learning Consortium, informing students
1463	of the catalog.
1464	(18)  A state university may not charge any fee except as
1465	specifically authorized by law.
1466	(19)  The Board of Governors shall adopt regulations to
1467	implement the provisions of this section.
1468	Section 22.  Subsection (9) of section 1009.26, Florida
1469	Statutes, is amended to read:
1470	1009.26  Fee waivers.-
1471	(9)  Each university board of trustees is authorized to
1472	waive tuition and out-of-state fees for purposes that support
1473	and enhance the mission of the university. All fees waived must
1474	be based on policies that are adopted by university boards of
1475	trustees pursuant to regulations rules adopted by the Board of
1476	Governors. Each university shall report the purpose, number, and
1477	value of all fee waivers granted annually in a format prescribed
1478	by the Board of Governors.
1479	Section 23.  Paragraph (b) of subsection (1) and paragraph
1480	(b) of subsection (4) of section 1010.04, Florida Statutes, are
1481	amended to read:
1482	1010.04  Purchasing.-
1483	(1)
1484	(b)  Purchases and leases by state universities shall
1485	comply with the requirements of law and regulations rules of the
1486	Board of Governors.
1487	(4)
1488	(b)  The Board of Governors may, by regulation rule,
1489	provide for alternative procedures for state universities for
1490	bidding or purchasing in cases in which the character of the
1491	item requested renders competitive bidding impractical.
1492	Section 24.  Subsection (1) of section 1010.62, Florida
1493	Statutes, is amended to read:
1494	1010.62  Revenue bonds and debt.-
1495	(1)  As used in this section, the term:
1496	(a)  "Auxiliary enterprise" means any activity defined in
1497	s. 1011.47(1) and performed by a university or a direct-support
1498	organization.
1499	(b)(a)  "Capital outlay project" means:
1500	1.  Any project to acquire, construct, improve, or change
1501	the functional use of land, buildings, and other facilities,
1502	including furniture and equipment necessary to operate a new or
1503	improved building or facility.
1504	2.  Any other acquisition of equipment or software.
1505	(c)(b)  "Debt" means bonds, except revenue bonds as defined
1506	in paragraph (e) (d), loans, promissory notes, lease-purchase
1507	agreements, certificates of participation, installment sales,
1508	leases, or any other financing mechanism or financial
1509	arrangement, whether or not a debt for legal purposes, for
1510	financing or refinancing for or on behalf of a state university
1511	or a direct-support organization or for the acquisition,
1512	construction, improvement, or purchase of capital outlay
1513	projects.
1514	(d)(c)  "Direct-support organization" means an organization
1515	created pursuant to s. 1004.28 or any entity specifically
1516	established to incur debt.
1517	(e)(d)  "Revenue bonds" means any obligation that
1518	constitutes a revenue bond pursuant to s. 11(d), Art. VII of the
1519	State Constitution.
1520	Section 25.  Section 1011.43, Florida Statutes, is amended
1521	to read:
1522	1011.43  Investment of university agency and activity
1523	funds; earnings used for scholarships.-Each university is
1524	authorized to invest available agency and activity funds and to
1525	use the earnings from such investments for student scholarships
1526	and loans. The university board of trustees shall provide
1527	procedures for the administration of these scholarships and
1528	loans by regulations rules.
1529	Section 26.  Subsection (4) of section 1011.90, Florida
1530	Statutes, is amended to read:
1531	1011.90  State university funding.-
1532	(4)  The Board of Governors shall establish and validate a
1533	cost-estimating system consistent with the requirements of
1534	subsection (1) and shall report as part of its legislative
1535	budget request the actual expenditures for the fiscal year
1536	ending the previous June 30. Expenditure analysis, operating
1537	budgets, and annual financial statements of each university must
1538	be prepared using the standard financial reporting procedures
1539	and formats prescribed by the Board of Governors. These formats
1540	shall be the same as used for the 2000-2001 fiscal year reports.
1541	Any revisions to these financial and reporting procedures and
1542	formats must be approved by the Executive Office of the Governor
1543	and the appropriations committees of the Legislature jointly
1544	under the provisions of s. 216.023(3). The Board of Governors
1545	shall continue to collect and maintain at a minimum the
1546	management information databases existing on June 30, 2002. The
1547	expenditure analysis report shall include total expenditures
1548	from all sources for the general operation of the university and
1549	shall be in such detail as needed to support the legislative
1550	budget request.
1551	Section 27.  Paragraph (b) of subsection (2) of section
1552	1013.02, Florida Statutes, is amended to read:
1553	1013.02  Purpose; rules and regulations.-
1554	(2)
1555	(b)  The Board of Governors shall adopt regulations
1556	pursuant to its regulation development procedure rules pursuant
1557	to ss. 120.536(1) and 120.54 to implement the provisions of this
1558	chapter for state universities.
1559	Section 28.  Section 1013.10, Florida Statutes, is amended
1560	to read:
1561	1013.10  Use of buildings and grounds.-The board may permit
1562	the use of educational facilities and grounds for any legal
1563	assembly or for community use centers or may permit the same to
1564	be used as voting places in any primary, regular, or special
1565	election. The board shall adopt rules, regulations, or policies
1566	and procedures necessary to protect educational facilities and
1567	grounds when used for such purposes.
1568	Section 29.  Paragraph (b) of subsection (5) of section
1569	1013.12, Florida Statutes, is amended to read:
1570	1013.12  Casualty, safety, sanitation, and firesafety
1571	standards and inspection of property.-
1572	(5)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
1573	FACILITIES.-
1574	(b)  Firesafety inspections of state universities shall
1575	comply with regulations rules of the Board of Governors.
1576	Section 30.  Paragraph (b) of subsection (1) of section
1577	1013.28, Florida Statutes, is amended to read:
1578	1013.28  Disposal of property.-
1579	(1)  REAL PROPERTY.-
1580	(b)  Subject to regulations rules of the Board of
1581	Governors, a state university board of trustees may dispose of
1582	any land or real property to which it holds valid title which
1583	is, by resolution of the state university board of trustees,
1584	determined to be unnecessary for educational purposes as
1585	recommended in an educational plant survey. A state university
1586	board of trustees shall take diligent measures to dispose of
1587	educational property only in the best interests of the public.
1588	However, appraisals may be obtained by the state university
1589	board of trustees prior to or simultaneously with the receipt of
1590	bids.
1591	Section 31.  Subsection (22) of section 1013.30, Florida
1592	Statutes, is amended to read:
1593	1013.30  University campus master plans and campus
1594	development agreements.-
1595	(22)  In consultation with the state land planning agency,
1596	the Board of Governors shall adopt a single, uniform set of
1597	regulations rules to administer subsections (3)-(6). The
1598	regulations rules must set specific schedules and procedures for
1599	the development and adoption of campus master plans. Before
1600	adopting the regulations rules, the Board of Governors must
1601	obtain written verification from the state land planning agency
1602	that the regulations rules satisfy the minimum statutory
1603	criteria required by subsections (3)-(6). The state land
1604	planning agency shall provide the verification within 45 days
1605	after receiving a copy of the regulations rules.
1606	Section 32.  Paragraph (b) of subsection (1) of section
1607	1013.31, Florida Statutes, is amended to read:
1608	1013.31  Educational plant survey; localized need
1609	assessment; PECO project funding.-
1610	(1)  At least every 5 years, each board shall arrange for
1611	an educational plant survey, to aid in formulating plans for
1612	housing the educational program and student population, faculty,
1613	administrators, staff, and auxiliary and ancillary services of
1614	the district or campus, including consideration of the local
1615	comprehensive plan. The Department of Education shall document
1616	the need for additional career and adult education programs and
1617	the continuation of existing programs before facility
1618	construction or renovation related to career or adult education
1619	may be included in the educational plant survey of a school
1620	district or community college that delivers career or adult
1621	education programs. Information used by the Department of
1622	Education to establish facility needs must include, but need not
1623	be limited to, labor market data, needs analysis, and
1624	information submitted by the school district or community
1625	college.
1626	(b)  Required need assessment criteria for district,
1627	community college, state university, and Florida School for the
1628	Deaf and the Blind plant surveys.-Educational plant surveys must
1629	use uniform data sources and criteria specified in this
1630	paragraph. Each revised educational plant survey and each new
1631	educational plant survey supersedes previous surveys.
1632	1.  The school district's survey must be submitted as a
1633	part of the district educational facilities plan defined in s.
1634	1013.35. To ensure that the data reported to the Department of
1635	Education as required by this section is correct, the department
1636	shall annually conduct an onsite review of 5 percent of the
1637	facilities reported for each school district completing a new
1638	survey that year. If the department's review finds the data
1639	reported by a district is less than 95 percent accurate, within
1640	1 year from the time of notification by the department the
1641	district must submit revised reports correcting its data. If a
1642	district fails to correct its reports, the commissioner may
1643	direct that future fixed capital outlay funds be withheld until
1644	such time as the district has corrected its reports so that they
1645	are not less than 95 percent accurate.
1646	2.  Each survey of a special facility, joint-use facility,
1647	or cooperative career education facility must be based on
1648	capital outlay full-time equivalent student enrollment data
1649	prepared by the department for school districts and community
1650	colleges and by the Chancellor of the State University System
1651	for universities. A survey of space needs of a joint-use
1652	facility shall be based upon the respective space needs of the
1653	school districts, community colleges, and universities, as
1654	appropriate. Projections of a school district's facility space
1655	needs may not exceed the norm space and occupant design criteria
1656	established by the State Requirements for Educational
1657	Facilities.
1658	3.  Each community college's survey must reflect the
1659	capacity of existing facilities as specified in the inventory
1660	maintained by the Department of Education. Projections of
1661	facility space needs must comply with standards for determining
1662	space needs as specified by rule of the State Board of
1663	Education. The 5-year projection of capital outlay student
1664	enrollment must be consistent with the annual report of capital
1665	outlay full-time student enrollment prepared by the Department
1666	of Education.
1667	4.  Each state university's survey must reflect the
1668	capacity of existing facilities as specified in the inventory
1669	maintained and validated by the Chancellor of the State
1670	University System. Projections of facility space needs must be
1671	consistent with standards for determining space needs as
1672	specified by regulation rule of the Board of Governors. The
1673	projected capital outlay full-time equivalent student enrollment
1674	must be consistent with the 5-year planned enrollment cycle for
1675	the State University System approved by the Board of Governors.
1676	5.  The district educational facilities plan of a school
1677	district and the educational plant survey of a community
1678	college, state university, or the Florida School for the Deaf
1679	and the Blind may include space needs that deviate from approved
1680	standards for determining space needs if the deviation is
1681	justified by the district or institution and approved by the
1682	department or the Board of Governors, as appropriate, as
1683	necessary for the delivery of an approved educational program.
1684	Section 33.  Section 1013.47, Florida Statutes, is amended
1685	to read:
1686	1013.47  Substance of contract; contractors to give bond;
1687	penalties.-Each board shall develop contracts consistent with
1688	this chapter and statutes governing public facilities. Such a
1689	contract must contain the drawings and specifications of the
1690	work to be done and the material to be furnished, the time limit
1691	in which the construction is to be completed, the time and
1692	method by which payments are to be made upon the contract, and
1693	the penalty to be paid by the contractor for any failure to
1694	comply with the terms of the contract. The board may require the
1695	contractor to pay a penalty for any failure to comply with the
1696	terms of the contract and may provide an incentive for early
1697	completion. Upon accepting a satisfactory bid, the board shall
1698	enter into a contract with the party or parties whose bid has
1699	been accepted. The contractor shall furnish the board with a
1700	performance and payment bond as set forth in s. 255.05. A board
1701	or other public entity may not require a contractor to secure a
1702	surety bond under s. 255.05 from a specific agent or bonding
1703	company. Notwithstanding any other provision of this section, if
1704	25 percent or more of the costs of any construction project is
1705	paid out of a trust fund established pursuant to 31 U.S.C. s.
1706	1243(a)(1), laborers and mechanics employed by contractors or
1707	subcontractors on such construction will be paid wages not less
1708	than those prevailing on similar construction projects in the
1709	locality, as determined by the Secretary of Labor in accordance
1710	with the Davis-Bacon Act, as amended. A person, firm, or
1711	corporation that constructs any part of any educational plant,
1712	or addition thereto, on the basis of any unapproved plans or in
1713	violation of any plans approved in accordance with the
1714	provisions of this chapter and rules of the State Board of
1715	Education or regulations of the Board of Governors relating to
1716	building standards or specifications is subject to forfeiture of
1717	bond and unpaid compensation in an amount sufficient to
1718	reimburse the board for any costs that will need to be incurred
1719	in making any changes necessary to assure that all requirements
1720	are met and is also guilty of a misdemeanor of the second
1721	degree, punishable as provided in s. 775.082 or s. 775.083, for
1722	each separate violation.
1723	Section 34.  Subsection (3) of section 1013.74, Florida
1724	Statutes, is amended to read:
1725	1013.74  University authorization for fixed capital outlay
1726	projects.-
1727	(3)  Other than those projects currently authorized, no
1728	project proposed by a university which is to be funded from
1729	Capital Improvement Trust Fund fees or building fees shall be
1730	submitted to the Board of Governors for approval without prior
1731	consultation with the student government association of that
1732	university. The Board of Governors may adopt regulations rules
1733	which are consistent with this requirement.
1734	Section 35.  (1)  Sections 1001.74, 1004.21, 1004.38,
1735	1004.381, 1004.3811, 1004.382, 1004.383, 1004.386, and 1004.64,
1736	Florida Statutes, and subsection (13) of section 1004.22,
1737	Florida Statutes, are repealed.
1738	(2)  It is the intent of the Legislature that the repeal of
1739	sections 1004.38, 1004.381, 1004.3811, 1004.382, 1004.383,
1740	1004.386, and 1004.64, Florida Statutes, by this act is to
1741	remove existing statutory authority that is no longer necessary
1742	for the degree programs and entities that were authorized under
1743	those provisions and does not affect the authority of a state
1744	university or the Board of Governors of the State University
1745	System to continue such programs and entities.
1746	Section 36.  Each state university shall identify and
1747	submit to the Board of Governors a list of rules published in
1748	Titles 6C1, 6C2, 6C3, 6C4, 6C5, 6C6, 6C7, 6C8, 6C9, 6C10, and
1749	6C11, Florida Administrative Code, that have been superseded by
1750	regulations adopted by the Board of Governors or the university
1751	board of trustees pursuant to authority under s. 7, Art. IX of
1752	the State Constitution or for which specific statutory authority
1753	to adopt such regulations has been provided under this act. The
1754	Board of Governors shall confirm that the information provided
1755	complies with the provisions of this section and forward the
1756	information to the Department of State along with any rules of
1757	the Board of Governors published in Title 6C that meet the same
1758	criteria. The Department of State may remove from the Florida
1759	Administrative Code on or before June 30, 2011, any rule of a
1760	state university or the Board of Governors that derives purely
1761	from constitutional authority or for which statutory authority
1762	to adopt regulations instead of rules has been provided. If the
1763	Department of State removes a rule from the Florida
1764	Administrative Code pursuant to this section, it shall place a
1765	history note at the rule number indicating the action taken and
1766	referencing this section.
1767	Section 37.  This act shall take effect July 1, 2010.

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