Florida Senate - 2011                       CS for CS for SB 632
       By the Committees on Community Affairs; and Higher Education;
       and Senator Oelrich
       578-04335-11                                           2011632c2
    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         1013.33, F.S.; conforming a cross-reference; repealing
   22         s. 1013.63, F.S., relating to the University
   23         Concurrency Trust Fund; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 705.18, Florida Statutes, is amended to
   28  read:
   29         705.18 Disposal of personal property lost or abandoned on
   30  university or Florida College System institution community
   31  college campuses; disposition of proceeds from sale.—
   32         (1) Whenever any lost or abandoned personal property is
   33  shall be found on a campus of an institution in the State
   34  University System or a campus of a Florida College System
   35  institution state-supported community college, the president of
   36  the institution or the president’s designee shall take charge of
   37  the property and make a record of the date such property was
   38  found. If the property is not claimed by the owner, within 30
   39  days after it such property is found, or a longer period of time
   40  as may be deemed appropriate by the president under the
   41  circumstances, the property is not claimed by the owner, the
   42  president or his or her designee shall dispose of or make use of
   43  the property in accordance with established policies and
   44  procedures that best meet the needs of the university or the
   45  Florida College System institution and its students shall order
   46  it sold at public outcry after giving notice of the time and
   47  place of sale in a publication of general circulation on the
   48  campus of such institution and written notice to the owner if
   49  known. The rightful owner of the such property may reclaim the
   50  property the same at any time prior to the disposition, sale, or
   51  use of the property in accordance with this section and the
   52  established policies and procedures of the university or the
   53  Florida College System institution.
   54         (2) All moneys realized from such institution’s sale shall
   55  be placed in an appropriate fund and used solely for student
   56  scholarship and loan purposes.
   57         Section 2. Subsection (3) of section 267.062, Florida
   58  Statutes, is amended to read:
   59         267.062 Naming of state buildings and other facilities.—
   60         (3) Notwithstanding the provisions of subsection (1) or s.
   61  1013.79(11), any state building, road, bridge, park,
   62  recreational complex, or other similar facility of a state
   63  university may be named for a living person by the university
   64  board of trustees in accordance with regulations rules adopted
   65  by the Board of Governors of the State University System.
   66         Section 3. Subsection (6) of section 1004.23, Florida
   67  Statutes, is amended to read:
   68         1004.23 Universities; powers; patents, copyrights, and
   69  trademarks.—Any other law to the contrary notwithstanding, each
   70  state university is authorized, in its own name, to:
   71         (6) Do all other acts necessary and proper for the
   72  execution of powers and duties herein conferred upon the
   73  university, including adopting regulations rules, as necessary,
   74  in order to administer this section. Any proceeds therefrom
   75  shall be deposited and expended in accordance with s. 1004.22.
   76  Any action taken by the university in securing or exploiting
   77  such trademarks, copyrights, or patents shall, within 30 days,
   78  be reported in writing by the president to the Department of
   79  State.
   80         Section 4. Section 1010.03, Florida Statutes, is amended to
   81  read:
   82         1010.03 Delinquent accounts.—District school boards,
   83  Florida College System institution community college boards of
   84  trustees, and university boards of trustees:
   85         (1) Shall exert every effort to collect all delinquent
   86  accounts.
   87         (2) May charge off or settle such accounts as may prove
   88  uncollectible.
   89         (3) May employ the services of a collection agency when
   90  deemed advisable in collecting delinquent accounts.
   91         (4) May adopt rules, except that university boards of
   92  trustees may adopt regulations, as necessary, to implement the
   93  provisions of this section, including setoff procedures, payroll
   94  deductions, and restrictions on release of transcripts, awarding
   95  of diplomas, and access to other resources and services of the
   96  school district, Florida College System institution community
   97  college, or university.
   98         Section 5. Subsection (2) of section 1010.04, Florida
   99  Statutes, is amended to read:
  100         1010.04 Purchasing.—
  101         (2) Each district school board and Florida College System
  102  institution, community college board of trustees, and each
  103  university board of trustees shall adopt rules, and each
  104  university board of trustees shall adopt regulations, to be
  105  followed in making purchases.
  106         Section 6. Paragraph (b) of subsection (2) of section
  107  1010.07, Florida Statutes, is amended to read:
  108         1010.07 Bonds or insurance required.—
  109         (2)
  110         (b) Contractors paid from university funds shall give bond
  111  for the faithful performance of their contracts in such amount
  112  and for such purposes as prescribed by s. 255.05 or by
  113  regulations rules of the Board of Governors relating to the type
  114  of contract involved. It shall be the duty of the university
  115  board of trustees to require from construction contractors a
  116  bond adequate to protect the board and the board’s funds
  117  involved.
  118         Section 7. Subsection (4) of section 1011.48, Florida
  119  Statutes, is amended to read:
  120         1011.48 Establishment of educational research centers for
  121  child development.—
  122         (4) The Board of Governors may adopt regulations rules for
  123  the establishment, operation, and supervision of educational
  124  research centers for child development. Such regulations rules
  125  shall include, but need not be limited to: a defined method of
  126  establishment of and participation in the operation of centers
  127  by the appropriate student government associations; guidelines
  128  for the establishment of an intern program in each center; and
  129  guidelines for the receipt and monitoring of funds from grants
  130  and other sources of funds consistent with existing laws.
  131         Section 8. Subsection (1) of section 1012.91, Florida
  132  Statutes, is amended to read:
  133         1012.91 Personnel Records.—
  134         (1) Each university board of trustees shall adopt
  135  regulations rules prescribing the content and custody of
  136  limited-access records that the university may maintain on its
  137  employees. Such limited-access records are confidential and
  138  exempt from the provisions of s. 119.07(1). Such records are
  139  limited to the following:
  140         (a) Records containing information reflecting academic
  141  evaluations of employee performance shall be open to inspection
  142  only by the employee and by officials of the university
  143  responsible for supervision of the employee.
  144         (b) Records maintained for the purposes of any
  145  investigation of employee misconduct, including but not limited
  146  to a complaint against an employee and all information obtained
  147  pursuant to the investigation of such complaint, shall be
  148  confidential until the investigation ceases to be active or
  149  until the university provides written notice to the employee who
  150  is the subject of the complaint that the university has either:
  151         1. Concluded the investigation with a finding not to
  152  proceed with disciplinary action;
  153         2. Concluded the investigation with a finding to proceed
  154  with disciplinary action; or
  155         3. Issued a letter of discipline.
  157  For the purpose of this paragraph, an investigation shall be
  158  considered active as long as it is continuing with a reasonable,
  159  good faith anticipation that a finding will be made in the
  160  foreseeable future. An investigation shall be presumed to be
  161  inactive if no finding is made within 90 days after the
  162  complaint is filed.
  163         (c) Records maintained for the purposes of any disciplinary
  164  proceeding brought against an employee shall be confidential
  165  until a final decision is made in the proceeding. The record of
  166  any disciplinary proceeding, including any evidence presented,
  167  shall be open to inspection by the employee at all times.
  168         (d) Records maintained for the purposes of any grievance
  169  proceeding brought by an employee for enforcement of a
  170  collective bargaining agreement or contract shall be
  171  confidential and shall be open to inspection only by the
  172  employee and by officials of the university conducting the
  173  grievance proceeding until a final decision is made in the
  174  proceeding.
  175         Section 9. Subsection (4) of section 1013.171, Florida
  176  Statutes, is amended to read:
  177         1013.171 University lease agreements; land, facilities.—
  178         (4) Agreements as provided in this section shall be entered
  179  into with an offeror resulting from publicly announced
  180  competitive bids or proposals, except that the university may
  181  enter into an agreement with an entity enumerated in paragraph
  182  (3)(a) for leasing land or with a direct-support organization as
  183  provided in s. 1004.28, which shall enter into subsequent
  184  agreements for financing and constructing the project after
  185  receiving competitive bids or proposals. Any facility
  186  constructed, lease-purchased, or purchased under such
  187  agreements, whether erected on land under the jurisdiction of
  188  the university or not, shall conform to the construction
  189  standards and codes applicable to university facilities. Each
  190  university board of trustees shall adopt such regulations rules
  191  as are necessary to carry out its duties and responsibilities
  192  imposed by this section.
  193         Section 10. Subsection (10) of section 1007.27, Florida
  194  Statutes, is repealed.
  195         Section 11. Subsection (12) of section 1013.33, Florida
  196  Statutes, is amended to read:
  197         1013.33 Coordination of planning with local governing
  198  bodies.—
  199         (12) As early in the design phase as feasible and
  200  consistent with an interlocal agreement entered pursuant to
  201  subsections (2)-(8), but no later than 90 days before commencing
  202  construction, the district school board shall in writing request
  203  a determination of consistency with the local government’s
  204  comprehensive plan. The local governing body that regulates the
  205  use of land shall determine, in writing within 45 days after
  206  receiving the necessary information and a school board’s request
  207  for a determination, whether a proposed educational facility is
  208  consistent with the local comprehensive plan and consistent with
  209  local land development regulations. If the determination is
  210  affirmative, school construction may commence and further local
  211  government approvals are not required, except as provided in
  212  this section. Failure of the local governing body to make a
  213  determination in writing within 90 days after a district school
  214  board’s request for a determination of consistency shall be
  215  considered an approval of the district school board’s
  216  application. Campus master plans and development agreements must
  217  comply with the provisions of s. ss. 1013.30 and 1013.63.
  218         Section 12. Section 1013.63, Florida Statutes, is repealed.
  219         Section 13. This act shall take effect July 1, 2011.