Florida Senate - 2010 SB 778
By Senator Constantine
22-00594A-10 2010778__
1 A bill to be entitled
2 An act relating to state universities; amending s.
3 1001.74, F.S.; redefining the term “continuing
4 contract” as it relates to construction costs in order
5 to increase certain cost thresholds; amending s.
6 1009.24, F.S.; authorizing university boards of
7 trustees to establish a renewable energy fee under
8 certain circumstances; providing that the fee not
9 exceed a specified amount; limiting the use of such
10 fee; establishing a renewable energy fee committee;
11 providing for membership; providing terms; providing
12 for a referendum on continuing or discontinuing the
13 fee; authorizing the university to reestablish the
14 fee; amending ss. 1009.01 and 1009.98, F.S.;
15 conforming cross-references; amending s. 1013.64,
16 F.S.; increasing the cost threshold at which a minor
17 facility may be replaced; amending s. 1013.78, F.S.;
18 conforming provisions to changes made by the act;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (2) of section 1001.74, Florida
24 Statutes, is amended to read:
25 1001.74 Powers and duties of university boards of
26 trustees.—
27 (2) POWERS AND DUTIES RELATING TO ORGANIZATION AND
28 OPERATION OF STATE UNIVERSITIES.—
29 (a) Each board of trustees constitutes the contracting
30 agent of the university. Each university shall comply with the
31 provisions of s. 287.055 for the procurement of professional
32 services and may approve and execute all contracts for planning,
33 construction, and equipment. For the purpose of a university’s
34 contracting authority, a “continuing contract” for professional
35 services under the provisions of s. 287.055 is one in which
36 construction costs do not exceed $2 $1 million or the fee for
37 study activity does not exceed $200,000 $100,000. Contracts
38 executed pursuant to this paragraph are subject to the
39 requirements of s. 1010.62.
40 Section 2. Present subsections (14) through (18) of section
41 1009.24, Florida Statutes, are redesignated as subsections (15)
42 through (19), respectively, and a new subsection (14) is added
43 to that section, to read:
44 1009.24 State university student fees.—
45 (14)(a) Each university board of trustees may establish a
46 renewable energy fee to be paid by all students if the fee is
47 approved by the student body of the university that seeks to
48 establish the fee. In order to establish the fee, a referendum
49 of the university’s student body must be requested by the
50 student legislative body and conducted by the student
51 government. The referendum must include the proposed amount of
52 the fee and an explanation of its purpose. A university’s board
53 of trustees may not establish the fee without the approval of a
54 majority of the students participating in the referendum.
55 (b) A renewable energy fee established under this
56 subsection may not exceed $1 per credit hour during its first
57 year of implementation. The initial amount of the fee must be in
58 accordance with the referendum described in paragraph (a) and
59 may be changed only if approved by a referendum of the student
60 body. The fee may not be included in any award under s. 1009.53
61 or s. 1009.531.
62 (c) The renewable energy fee shall be expended only for
63 establishing or improving the use of renewable energy
64 technologies or energy efficiencies that directly lower the
65 university’s greenhouse gas emissions, waste, or energy costs. A
66 renewable energy fee committee shall be established and shall
67 vote to determine how the revenue from the fee is spent. The
68 committee shall consist of no more than 12 members, to be
69 appointed as follows:
70 1. One-half of the members shall be appointed by the
71 university’s student body president and confirmed by the
72 university’s student legislative body. Appointees shall be
73 confirmed within 6 months after their appointment date. However,
74 an appointee who has not been confirmed or has been rejected by
75 the legislative body shall serve for no more than 45 days, at
76 which time a replacement must be appointed.
77 2. One-half of the members shall be appointed by the
78 university president or his or her designee.
79
80 Members shall be appointed to 1-year terms and shall hold office
81 until their successors are appointed and qualified. A majority
82 of the committee members constitutes a quorum. A chairperson,
83 who is elected by the committee, shall vote only in the case of
84 a tie. The revenue from the fee which remains at the end of a
85 fiscal year shall be carried over and made available for
86 renewable energy expenditures consistent with this paragraph
87 during the next fiscal year.
88 (d) After the renewable energy fee is implemented for 3
89 years, the university’s student government shall conduct a
90 referendum to assess the student body’s interest in continuing
91 the fee. If a majority of students participating in the
92 referendum votes to discontinue the fee, the fee may not be
93 collected, and any remaining revenue shall be dispensed by the
94 renewable energy fee committee within 2 fiscal years after the
95 referendum. The university may reestablish the fee as provided
96 in paragraph (a) no sooner than 1 year after the referendum
97 discontinuing the fee.
98 Section 3. Subsection (3) of section 1009.01, Florida
99 Statutes, is amended to read:
100 1009.01 Definitions.—The term:
101 (3) “Tuition differential” means the supplemental fee
102 charged to a student by a public university in this state
103 pursuant to s. 1009.24(17) s. 1009.24(16).
104 Section 4. Paragraph (b) of subsection (2) of section
105 1009.98, Florida Statutes, is amended to read:
106 1009.98 Stanley G. Tate Florida Prepaid College Program.—
107 (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
108 make advance payment contracts available for two independent
109 plans to be known as the community college plan and the
110 university plan. The board may also make advance payment
111 contracts available for a dormitory residence plan. The board
112 may restrict the number of participants in the community college
113 plan, university plan, and dormitory residence plan,
114 respectively. However, any person denied participation solely on
115 the basis of such restriction shall be granted priority for
116 participation during the succeeding year.
117 (b)1. Through the university plan, the advance payment
118 contract may provide prepaid registration fees for a specified
119 number of undergraduate semester credit hours not to exceed the
120 average number of hours required for the conference of a
121 baccalaureate degree. Qualified beneficiaries shall bear the
122 cost of any laboratory fees associated with enrollment in
123 specific courses. Each qualified beneficiary shall be classified
124 as a resident for tuition purposes pursuant to s. 1009.21,
125 regardless of his or her actual legal residence.
126 2. Effective July 1, 1998, the board may provide advance
127 payment contracts for additional fees delineated in s.
128 1009.24(9)-(12), for a specified number of undergraduate
129 semester credit hours not to exceed the average number of hours
130 required for the conference of a baccalaureate degree, in
131 conjunction with advance payment contracts for registration
132 fees. Such contracts shall provide prepaid coverage for the sum
133 of such fees, to a maximum of 45 percent of the cost of
134 registration fees. University plan contracts purchased prior to
135 July 1, 1998, shall be limited to the payment of registration
136 fees as defined in s. 1009.97.
137 3. Effective July 1, 2007, the board may provide advance
138 payment contracts for the tuition differential authorized in s.
139 1009.24(17) s. 1009.24(16) for a specified number of
140 undergraduate semester credit hours, which may not exceed the
141 average number of hours required for the conference of a
142 baccalaureate degree, in conjunction with advance payment
143 contracts for registration fees.
144 4. Effective July 1, 2009, the board may offer an advance
145 payment contract for the university plan covering prepaid
146 registration fees, the fees authorized in s. 1009.24(9)-(12),
147 and the tuition differential authorized in s. 1009.24(17) s.
148 1009.24(16). Such a contract may be offered in specific
149 increments for use toward a baccalaureate degree. The total
150 number of hours purchased for a qualified beneficiary may not
151 exceed the average number of hours required for the conference
152 of a baccalaureate degree.
153 Section 5. Paragraph (h) of subsection (1) of section
154 1013.64, Florida Statutes, is amended to read:
155 1013.64 Funds for comprehensive educational plant needs;
156 construction cost maximums for school district capital
157 projects.—Allocations from the Public Education Capital Outlay
158 and Debt Service Trust Fund to the various boards for capital
159 outlay projects shall be determined as follows:
160 (1)
161 (h) University boards of trustees may use utilize funds
162 appropriated pursuant to this section for the replacement of
163 minor facilities if provided that such projects do not exceed $2
164 $1 million in cost or 10,000 gross square feet in size. Minor
165 facilities may not be replaced from funds provided pursuant to
166 this section unless the board determines that the cost of repair
167 or renovation is greater than or equal to the cost of
168 replacement.
169 Section 6. Subsection (2) of section 1013.78, Florida
170 Statutes, is amended to read:
171 1013.78 Approval required for certain university-related
172 facility acquisitions.—
173 (2) Legislative approval is shall not be required for
174 renovations, remodeling, replacement of existing facilities, or
175 construction of minor facilities projects as defined in s.
176 1013.64, except to the extent required pursuant to s. 1010.62.
177 Section 7. This act shall take effect upon becoming a law.