Florida Senate - 2011              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 632
                                Barcode 899984                          
       Proposed Committee Substitute by the Committee on Higher
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 705.18, F.S.; revising provisions relating to the
    4         disposal of personal property lost or abandoned on a
    5         university or Florida College System institution
    6         campus and the disposition of proceeds from the sale
    7         of such property; requiring that the university or
    8         Florida College System institution president, or his
    9         or her designee, dispose of or make use of unclaimed
   10         property in accordance with university or Florida
   11         College System institution policies and procedures;
   12         amending ss. 267.062, 1004.23, 1010.03, 1010.04,
   13         1010.07, 1011.48, 1012.91, and 1013.171, F.S.;
   14         revising provisions to replace references to “rules”
   15         with “regulations”; repealing s. 1007.27(10), F.S.,
   16         relating to an exemption for students who earn 9 or
   17         more credits from one or more of the articulated
   18         acceleration mechanisms from any requirement of a
   19         public postsecondary educational institution which
   20         mandates enrollment during a summer term; amending s.
   21         1013.30, F.S.; requiring that a university campus
   22         master plan identify the level-of-service standards
   23         contained in the plan; deleting requirements for
   24         campus development agreements between each university
   25         board of trustees and the local government;
   26         prohibiting renewal of a campus development agreement
   27         upon its expiration; amending s. 1013.33, F.S.;
   28         conforming a cross-reference; repealing s. 1013.63,
   29         F.S., relating to the University Concurrency Trust
   30         Fund; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 705.18, Florida Statutes, is amended to
   35  read:
   36         705.18 Disposal of personal property lost or abandoned on
   37  university or Florida College System institution community
   38  college campuses; disposition of proceeds from sale.—
   39         (1) Whenever any lost or abandoned personal property is
   40  shall be found on a campus of an institution in the State
   41  University System or a campus of a Florida College System
   42  institution state-supported community college, the president of
   43  the institution or the president’s designee shall take charge of
   44  the property and make a record of the date such property was
   45  found. If the property is not claimed by the owner, within 30
   46  days after it such property is found, or a longer period of time
   47  as may be deemed appropriate by the president under the
   48  circumstances, the property is not claimed by the owner, the
   49  president or his or her designee shall dispose of or make use of
   50  the property in accordance with established policies and
   51  procedures that best meet the needs of the university or the
   52  Florida College System institution and its students shall order
   53  it sold at public outcry after giving notice of the time and
   54  place of sale in a publication of general circulation on the
   55  campus of such institution and written notice to the owner if
   56  known. The rightful owner of the such property may reclaim the
   57  property the same at any time prior to the disposition, sale, or
   58  use of the property in accordance with this section and the
   59  established policies and procedures of the university or the
   60  Florida College System institution.
   61         (2) All moneys realized from such institution’s sale shall
   62  be placed in an appropriate fund and used solely for student
   63  scholarship and loan purposes.
   64         Section 2. Subsection (3) of section 267.062, Florida
   65  Statutes, is amended to read:
   66         267.062 Naming of state buildings and other facilities.—
   67         (3) Notwithstanding the provisions of subsection (1) or s.
   68  1013.79(11), any state building, road, bridge, park,
   69  recreational complex, or other similar facility of a state
   70  university may be named for a living person by the university
   71  board of trustees in accordance with regulations rules adopted
   72  by the Board of Governors of the State University System.
   73         Section 3. Subsection (6) of section 1004.23, Florida
   74  Statutes, is amended to read:
   75         1004.23 Universities; powers; patents, copyrights, and
   76  trademarks.—Any other law to the contrary notwithstanding, each
   77  state university is authorized, in its own name, to:
   78         (6) Do all other acts necessary and proper for the
   79  execution of powers and duties herein conferred upon the
   80  university, including adopting regulations rules, as necessary,
   81  in order to administer this section. Any proceeds therefrom
   82  shall be deposited and expended in accordance with s. 1004.22.
   83  Any action taken by the university in securing or exploiting
   84  such trademarks, copyrights, or patents shall, within 30 days,
   85  be reported in writing by the president to the Department of
   86  State.
   87         Section 4. Section 1010.03, Florida Statutes, is amended to
   88  read:
   89         1010.03 Delinquent accounts.—District school boards,
   90  Florida College System institution community college boards of
   91  trustees, and university boards of trustees:
   92         (1) Shall exert every effort to collect all delinquent
   93  accounts.
   94         (2) May charge off or settle such accounts as may prove
   95  uncollectible.
   96         (3) May employ the services of a collection agency when
   97  deemed advisable in collecting delinquent accounts.
   98         (4) May adopt rules, except that university boards of
   99  trustees may adopt regulations, as necessary, to implement the
  100  provisions of this section, including setoff procedures, payroll
  101  deductions, and restrictions on release of transcripts, awarding
  102  of diplomas, and access to other resources and services of the
  103  school district, Florida College System institution community
  104  college, or university.
  105         Section 5. Subsection (2) of section 1010.04, Florida
  106  Statutes, is amended to read:
  107         1010.04 Purchasing.—
  108         (2) Each district school board and Florida College System
  109  institution, community college board of trustees, and each
  110  university board of trustees shall adopt rules, and each
  111  university board of trustees shall adopt regulations, to be
  112  followed in making purchases.
  113         Section 6. Paragraph (b) of subsection (2) of section
  114  1010.07, Florida Statutes, is amended to read:
  115         1010.07 Bonds or insurance required.—
  116         (2)
  117         (b) Contractors paid from university funds shall give bond
  118  for the faithful performance of their contracts in such amount
  119  and for such purposes as prescribed by s. 255.05 or by
  120  regulations rules of the Board of Governors relating to the type
  121  of contract involved. It shall be the duty of the university
  122  board of trustees to require from construction contractors a
  123  bond adequate to protect the board and the board’s funds
  124  involved.
  125         Section 7. Subsection (4) of section 1011.48, Florida
  126  Statutes, is amended to read:
  127         1011.48 Establishment of educational research centers for
  128  child development.—
  129         (4) The Board of Governors may adopt regulations rules for
  130  the establishment, operation, and supervision of educational
  131  research centers for child development. Such regulations rules
  132  shall include, but need not be limited to: a defined method of
  133  establishment of and participation in the operation of centers
  134  by the appropriate student government associations; guidelines
  135  for the establishment of an intern program in each center; and
  136  guidelines for the receipt and monitoring of funds from grants
  137  and other sources of funds consistent with existing laws.
  138         Section 8. Subsection (1) of section 1012.91, Florida
  139  Statutes, is amended to read:
  140         1012.91 Personnel Records.—
  141         (1) Each university board of trustees shall adopt
  142  regulations rules prescribing the content and custody of
  143  limited-access records that the university may maintain on its
  144  employees. Such limited-access records are confidential and
  145  exempt from the provisions of s. 119.07(1). Such records are
  146  limited to the following:
  147         (a) Records containing information reflecting academic
  148  evaluations of employee performance shall be open to inspection
  149  only by the employee and by officials of the university
  150  responsible for supervision of the employee.
  151         (b) Records maintained for the purposes of any
  152  investigation of employee misconduct, including but not limited
  153  to a complaint against an employee and all information obtained
  154  pursuant to the investigation of such complaint, shall be
  155  confidential until the investigation ceases to be active or
  156  until the university provides written notice to the employee who
  157  is the subject of the complaint that the university has either:
  158         1. Concluded the investigation with a finding not to
  159  proceed with disciplinary action;
  160         2. Concluded the investigation with a finding to proceed
  161  with disciplinary action; or
  162         3. Issued a letter of discipline.
  164  For the purpose of this paragraph, an investigation shall be
  165  considered active as long as it is continuing with a reasonable,
  166  good faith anticipation that a finding will be made in the
  167  foreseeable future. An investigation shall be presumed to be
  168  inactive if no finding is made within 90 days after the
  169  complaint is filed.
  170         (c) Records maintained for the purposes of any disciplinary
  171  proceeding brought against an employee shall be confidential
  172  until a final decision is made in the proceeding. The record of
  173  any disciplinary proceeding, including any evidence presented,
  174  shall be open to inspection by the employee at all times.
  175         (d) Records maintained for the purposes of any grievance
  176  proceeding brought by an employee for enforcement of a
  177  collective bargaining agreement or contract shall be
  178  confidential and shall be open to inspection only by the
  179  employee and by officials of the university conducting the
  180  grievance proceeding until a final decision is made in the
  181  proceeding.
  182         Section 9. Subsection (4) of section 1013.171, Florida
  183  Statutes, is amended to read:
  184         1013.171 University lease agreements; land, facilities.—
  185         (4) Agreements as provided in this section shall be entered
  186  into with an offeror resulting from publicly announced
  187  competitive bids or proposals, except that the university may
  188  enter into an agreement with an entity enumerated in paragraph
  189  (3)(a) for leasing land or with a direct-support organization as
  190  provided in s. 1004.28, which shall enter into subsequent
  191  agreements for financing and constructing the project after
  192  receiving competitive bids or proposals. Any facility
  193  constructed, lease-purchased, or purchased under such
  194  agreements, whether erected on land under the jurisdiction of
  195  the university or not, shall conform to the construction
  196  standards and codes applicable to university facilities. Each
  197  university board of trustees shall adopt such regulations rules
  198  as are necessary to carry out its duties and responsibilities
  199  imposed by this section.
  200         Section 10. Subsection (10) of section 1007.27, Florida
  201  Statutes, is repealed.
  202         Section 11. Subsections (1), (3), and (10) of section
  203  1013.30, Florida Statutes, are amended, and subsection (24) is
  204  added to that section to read:
  205         1013.30 University campus master plans and campus
  206  development agreements.—
  207         (1) This section contains provisions for campus planning
  208  and concurrency management which that supersede the requirements
  209  of part II of chapter 163, except when stated otherwise in this
  210  section. These special growth management provisions are adopted
  211  in recognition of the unique relationship between university
  212  campuses and the local governments in which they are located.
  213  While the campuses provide research and educational benefits of
  214  statewide and national importance, and further provide
  215  substantial educational, economic, and cultural benefits to
  216  their host local governments, they may also have an adverse
  217  impact on the public facilities and services and natural
  218  resources of host governments. On balance, however, universities
  219  should be considered as vital public facilities of the state and
  220  local governments. The intent of this section is to address this
  221  unique relationship by providing for the preparation of campus
  222  master plans and associated campus development agreements.
  223         (3) Each university board of trustees shall prepare and
  224  adopt a campus master plan for the university and maintain a
  225  copy of the plan on the university’s website. The master plan
  226  must identify general land uses and address the need for and
  227  plans for provision of roads, parking, public transportation,
  228  solid waste, drainage, sewer, potable water, and recreation and
  229  open space during the coming 10 to 20 years. The plans must
  230  contain elements relating to future land use, intergovernmental
  231  coordination, capital improvements, recreation and open space,
  232  general infrastructure, housing, and conservation. Each element
  233  must address compatibility with the surrounding community. The
  234  master plan must identify specific land uses, general location
  235  of structures, densities and intensities of use, and contain
  236  standards for onsite development, site design, environmental
  237  management, and the preservation of historic and archaeological
  238  resources. The transportation element must address reasonable
  239  transportation demand management techniques to minimize offsite
  240  impacts where possible. Data and analyses on which the elements
  241  are based must include, at a minimum: the characteristics of
  242  vacant lands; projected impacts of development on onsite and
  243  offsite infrastructure, public services, and natural resources;
  244  student enrollment projections; student housing needs; and the
  245  need for academic and support facilities. For each of the
  246  facilities and services listed in the campus master plan, the
  247  level-of-service standard established by the applicable local
  248  government and the entity that will provide the service to the
  249  campus shall be identified. Master plans must be updated at
  250  least every 5 years.
  251         (10) Upon adoption of a campus master plan, the university
  252  board of trustees shall draft a proposed campus development
  253  agreement for each local government and send it to the local
  254  government within 270 days after the adoption of the relevant
  255  campus master plan. This subsection expires July 1, 2011.
  256         (24) Any campus development agreement between a university
  257  board of trustees and a local government which was entered into
  258  before July 1, 2011, pursuant to subsections (10)-(23) may not
  259  be renewed upon the expiration of that agreement.
  260         Section 12. Subsection (12) of section 1013.33, Florida
  261  Statutes, is amended to read:
  262         1013.33 Coordination of planning with local governing
  263  bodies.—
  264         (12) As early in the design phase as feasible and
  265  consistent with an interlocal agreement entered pursuant to
  266  subsections (2)-(8), but no later than 90 days before commencing
  267  construction, the district school board shall in writing request
  268  a determination of consistency with the local government’s
  269  comprehensive plan. The local governing body that regulates the
  270  use of land shall determine, in writing within 45 days after
  271  receiving the necessary information and a school board’s request
  272  for a determination, whether a proposed educational facility is
  273  consistent with the local comprehensive plan and consistent with
  274  local land development regulations. If the determination is
  275  affirmative, school construction may commence and further local
  276  government approvals are not required, except as provided in
  277  this section. Failure of the local governing body to make a
  278  determination in writing within 90 days after a district school
  279  board’s request for a determination of consistency shall be
  280  considered an approval of the district school board’s
  281  application. Campus master plans and development agreements must
  282  comply with the provisions of s. ss. 1013.30 and 1013.63.
  283         Section 13. Section 1013.63, Florida Statutes, is repealed.
  284         Section 14. This act shall take effect July 1, 2011.