Florida Senate - 2011                                     SB 632
       By Senator Oelrich
       14-00837-11                                            2011632__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 215.211, F.S.; prohibiting the deduction of a
    4         service charge from the proceeds of certain local
    5         option fuel taxes; requiring a percentage of certain
    6         local option fuel tax revenues to be deposited in the
    7         University Concurrency Trust Fund and providing uses
    8         therefor; amending s. 1013.30, F.S.; revising
    9         provisions relating to payment and funding of
   10         developments in accordance with university campus
   11         development agreements; amending s. 1013.63, F.S.;
   12         revising the funding and use of the University
   13         Concurrency Trust Fund; amending ss. 267.062, 1004.23,
   14         1010.04, and 1013.171, F.S.; providing for the
   15         adoption of regulations rather than rules by the Board
   16         of Governors, universities, and university boards of
   17         trustees; repealing s. 1007.27(10), F.S., relating to
   18         the exemption for a student who earns certain credits
   19         through acceleration mechanisms from any requirement
   20         of a public postsecondary educational institution
   21         mandating enrollment during a summer term; providing
   22         an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Subsection (3) of section 215.211, Florida
   27  Statutes, is amended, and subsection (5) is added to that
   28  section, to read:
   29         215.211 Service charge; elimination or reduction for
   30  specified proceeds.—
   31         (3) Notwithstanding the provisions of s. 215.20(1), the
   32  service charge provided in s. 215.20(1) may not be deducted from
   33  the proceeds of the local option fuel taxes tax distributed
   34  under s. 336.025(1)(a) and (b).
   35         (5) From the revenues derived from s. 336.025(1)(b), an
   36  amount equal to 8 percent of those revenues shall be deposited
   37  in the University Concurrency Trust Fund and used to fund
   38  university offsite improvements required to meet concurrency
   39  standards adopted under s. 1013.30 and for such other purposes
   40  as set forth in s. 1013.63.
   41         Section 2. Subsections (13) and (16) of section 1013.30,
   42  Florida Statutes, are amended to read:
   43         1013.30 University campus master plans and campus
   44  development agreements.—
   45         (13) With regard to the impact of campus development on the
   46  facilities and services listed in paragraph (11)(c), the
   47  following applies:
   48         (a) All improvements to facilities or services which are
   49  necessary to eliminate the deficiencies identified in paragraph
   50  (11)(e) must be specifically listed in the campus development
   51  agreement.
   52         (b) The university board of trustees’ fair share of the
   53  cost of the measures identified in paragraph (a) must be stated
   54  in the campus development agreement. In determining the fair
   55  share, the effect of any demand management techniques, which may
   56  include such techniques as flexible work hours and carpooling,
   57  that are used by the Board of Governors to minimize the offsite
   58  impacts shall be considered.
   59         (c) The university board of trustees’ trustees is
   60  responsible for paying the fair share identified in paragraph
   61  (b) shall be payable exclusively from the University Concurrency
   62  Trust Fund., and it may do so by:
   63         1. Paying a fair share of each of the improvements
   64  identified in paragraph (a); or
   65         2. Taking on full responsibility for the improvements,
   66  selected from the list of improvements identified in paragraph
   67  (a), and agreed to between the host local government and the
   68  Board of Governors, the total cost of which equals the
   69  contribution identified in paragraph (b).
   70         (d) All concurrency management responsibilities of the
   71  university board of trustees are fulfilled if the university
   72  board of trustees expends the total amount of funds identified
   73  in paragraph (b) notwithstanding that the university board of
   74  trustees may not have undertaken or made contributions to some
   75  of the measures identified in paragraph (a).
   76         (e) Capital projects included in the campus development
   77  agreement may be used by the local government for the
   78  concurrency management purposes.
   79         (f) Funds to be provided by universities in accordance with
   80  campus development agreements are subject to appropriation by
   81  the Legislature to the University Concurrency Trust Fund. A
   82  development authorized by a campus development agreement may
   83  proceed upon authorization of payment by the Board of Governors
   84  from the University Concurrency Trust Fund may not be built
   85  until the funds to be provided pursuant to paragraph (b) are
   86  appropriated by the Legislature.
   87         (16) If, within 180 days following the host local
   88  government’s receipt of the proposed campus development
   89  agreement, the university board of trustees and host local
   90  government cannot reach agreement on the provisions of the
   91  campus development agreement, the following procedures for
   92  resolving the matter must be followed:
   93         (a) The matter must be submitted to the state land planning
   94  agency, which has 60 days to hold informal hearings, if
   95  necessary.
   96         (b) In deciding upon a proper resolution, the state land
   97  planning agency shall consider the nature of the issues in
   98  dispute, the compliance of the parties with this section, the
   99  extent of the conflict between the parties, the comparative
  100  hardships, and the public interest involved. In resolving the
  101  matter, the state land planning agency may prescribe, by order,
  102  the contents of the campus development agreement. The order may
  103  not require the university to fund improvements from sources
  104  other than the University Concurrency Trust Fund.
  105         Section 3. Subsections (1) and (2) of section 1013.63,
  106  Florida Statutes, are amended to read:
  107         1013.63 University Concurrency Trust Fund.—
  108         (1) The University Concurrency Trust Fund is created within
  109  the Department of Education and shall be funded each fiscal year
  110  in an amount equal to 8 percent of the revenues derived from the
  111  local option fuel tax distributed under s. 336.025(1)(b).
  112         (2) The trust fund may be funded each fiscal year as
  113  provided in the General Appropriations Act. Moneys in such trust
  114  fund shall be for the purpose of funding university offsite
  115  improvements required to meet concurrency standards adopted
  116  under s. 1013.30 part II of chapter 163. In addition, in any
  117  year in which campus master plans are updated pursuant to s.
  118  1013.30, but no more frequently than once every 5 years, up to
  119  25 percent of the balance in the trust fund for that year may be
  120  used to defray the costs incurred in updating those campus
  121  master plans.
  122         Section 4. Subsection (3) of section 267.062, Florida
  123  Statutes, is amended to read:
  124         267.062 Naming of state buildings and other facilities.—
  125         (3) Notwithstanding the provisions of subsection (1) or s.
  126  1013.79(11), any state building, road, bridge, park,
  127  recreational complex, or other similar facility of a state
  128  university may be named for a living person by the university
  129  board of trustees in accordance with regulations rules adopted
  130  by the Board of Governors of the State University System.
  131         Section 5. Subsection (6) of section 1004.23, Florida
  132  Statutes, is amended to read:
  133         1004.23 Universities; powers; patents, copyrights, and
  134  trademarks.—Any other law to the contrary notwithstanding, each
  135  state university is authorized, in its own name, to:
  136         (6) Do all other acts necessary and proper for the
  137  execution of powers and duties herein conferred upon the
  138  university, including adopting regulations rules, as necessary,
  139  in order to administer this section. Any proceeds therefrom
  140  shall be deposited and expended in accordance with s. 1004.22.
  141  Any action taken by the university in securing or exploiting
  142  such trademarks, copyrights, or patents shall, within 30 days,
  143  be reported in writing by the president to the Department of
  144  State.
  145         Section 6. Subsection (2) of section 1010.04, Florida
  146  Statutes, is amended to read:
  147         1010.04 Purchasing.—
  148         (2) Each district school board and, community college board
  149  of trustees, and each university board of trustees shall adopt
  150  rules and each university board of trustees shall adopt
  151  regulations to be followed in making purchases.
  152         Section 7. Subsection (4) of section 1013.171, Florida
  153  Statutes, is amended to read:
  154         1013.171 University lease agreements; land, facilities.—
  155         (4) Agreements as provided in this section shall be entered
  156  into with an offeror resulting from publicly announced
  157  competitive bids or proposals, except that the university may
  158  enter into an agreement with an entity enumerated in paragraph
  159  (3)(a) for leasing land or with a direct-support organization as
  160  provided in s. 1004.28, which shall enter into subsequent
  161  agreements for financing and constructing the project after
  162  receiving competitive bids or proposals. Any facility
  163  constructed, lease-purchased, or purchased under such
  164  agreements, whether erected on land under the jurisdiction of
  165  the university or not, shall conform to the construction
  166  standards and codes applicable to university facilities. Each
  167  university board of trustees shall adopt such regulations rules
  168  as are necessary to carry out its duties and responsibilities
  169  imposed by this section.
  170         Section 8. Subsection (10) of section 1007.27, Florida
  171  Statutes, is repealed.
  172         Section 9. This act shall take effect July 1, 2011.