ENROLLED
2012 Legislature SB 1994, 2nd Engrossed
20121994er
1
2 An act relating to postsecondary education; amending
3 s. 1004.345, F.S.; deleting provisions creating the
4 University of South Florida Polytechnic; requiring
5 that the Florida Polytechnic University meet certain
6 criteria established by the Board of Governors by a
7 specified date; requiring that the Board of Trustees
8 of the Florida Polytechnic University notify the Board
9 of Governors when such criteria are met; requiring
10 that students enrolled at the University of South
11 Florida Polytechnic be afforded the opportunity to
12 complete their degrees at the University of South
13 Florida; transferring all real and personal property,
14 licenses and associated revenues, existing contracts,
15 unexpended balances, appropriations, allocations,
16 funds, and mutually agreed-upon obligations,
17 responsibilities, and liabilities from the University
18 of South Florida which relate to the University of
19 South Florida Polytechnic campus, as determined by the
20 Board of Trustees of the University of South Florida
21 and the Board of Trustees of the Florida Polytechnic
22 University, to the Florida Polytechnic University;
23 transferring all Florida Industrial and Phosphate
24 Research Institute programs, functions, offices,
25 records, faculty positions, and staff positions from
26 the University of South Florida Polytechnic to the
27 Florida Polytechnic University; transferring all
28 programs, functions, offices, records, and faculty and
29 staff positions from the University of South Florida
30 Polytechnic to the University of South Florida when
31 certain transfers are complete; authorizing the Board
32 of Trustees of the Florida Polytechnic University to
33 certify a direct-support organization to serve the
34 Florida Polytechnic University; requiring that the
35 Board of Trustees of the University of South Florida
36 and the University of South Florida Foundation develop
37 and implement a plan to transfer the assets derived
38 from donations that were intended for the University
39 of South Florida Polytechnic campus after obtaining
40 consent from the appropriate donors; providing that
41 memoranda of understanding between the University of
42 South Florida and the University of South Florida
43 Polytechnic are invalid upon the act becoming a law;
44 requiring that the University of South Florida obtain
45 consents required by the Federal Communications
46 Commission and third parties, and approval by the
47 Federal Communications Commission, before assigning
48 the educational broadband service station license to
49 the Florida Polytechnic University; requiring that the
50 Florida Polytechnic University retain, not subject to
51 lease or other expense, the space occupied by the
52 University of South Florida Polytechnic campus in the
53 Lakeland joint-use facility; authorizing the
54 University of South Florida to use space pursuant to a
55 mutual agreement under certain circumstances;
56 requiring the transfer of space at the Lakeland joint
57 use facility to Polk State College when the Florida
58 Polytechnic University no longer needs the space;
59 requiring that the University of Florida be available
60 in an advisory or consulting capacity to assist the
61 Florida Polytechnic University; providing that the
62 Board of Trustees of the University of South Florida
63 and the Board of Trustees of the Florida Polytechnic
64 University and their respective officers, trustees,
65 employees, attorneys, and agents are immune from civil
66 liability; amending s. 1001.21, F.S.; revising the
67 definition of “state university” to include the
68 Florida Polytechnic University; amending s. 1004.346,
69 F.S.; revising provisions relating to the Florida
70 Industrial and Phosphate Research Institute, to
71 conform to changes made by the act; amending s.
72 1004.387, F.S.; providing for a doctor of pharmacy
73 degree program at the University of South Florida;
74 deleting provisions that authorize the development and
75 implementation of the program on the campus of the
76 University of South Florida Polytechnic; amending s.
77 1013.74, F.S.; authorizing a university board of
78 trustees to expend certain reserve or carry forward
79 balances from prior years for capital outlay projects
80 for a new campus for specified fiscal years; providing
81 appropriations; providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Section 1004.345, Florida Statutes, is amended
86 to read:
87 (Substantial rewording of section. See
88 s. 1004.345, F.S., for present text.)
89 1004.345 The Florida Polytechnic University.—
90 (1) By December 31, 2016, the Florida Polytechnic
91 University shall meet the following criteria as established by
92 the Board of Governors:
93 (a) Achieve accreditation from the Commission on Colleges
94 of the Southern Association of Colleges and Schools;
95 (b) Initiate the development of the new programs in the
96 fields of science, technology, engineering, and mathematics;
97 (c) Seek discipline-specific accreditation for programs;
98 (d) Attain a minimum FTE of 1,244, with a minimum 50
99 percent of that FTE in the fields of science, technology,
100 engineering, and mathematics and 20 percent in programs related
101 to those fields;
102 (e) Complete facilities and infrastructure, including the
103 Science and Technology Building, Phase I of the Wellness Center,
104 and a residence hall or halls containing no fewer than 190 beds;
105 and
106 (f) Have the ability to provide, either directly or where
107 feasible through a shared services model, administration of
108 financial aid, admissions, student support, information
109 technology, and finance and accounting with an internal audit
110 function.
111 (2) Once the criteria in subsection (1) have been met, the
112 Board of Trustees of the Florida Polytechnic University shall
113 notify the Board of Governors, and the Board of Governors shall
114 conduct a final review to confirm that the criteria have been
115 met.
116 (3) Students enrolled at the University of South Florida
117 Polytechnic shall be afforded the opportunity to complete their
118 degrees at the University of South Florida, subject to
119 university criteria.
120 Section 2. The following transfers shall be made:
121 (1) All real and personal property, licenses and associated
122 revenues, existing contracts, unexpended balances,
123 appropriations, allocations, funds, and mutually agreed-upon
124 obligations, responsibilities, and liabilities of the University
125 of South Florida which relate to the University of South Florida
126 Polytechnic campus, as determined by the Board of Trustees of
127 the University of South Florida and the Board of Trustees of the
128 Florida Polytechnic University, shall be transferred to the
129 Florida Polytechnic University.
130 (2) All Florida Industrial and Phosphate Research Institute
131 programs, functions, offices, records, faculty positions, and
132 staff positions of the University of South Florida Polytechnic
133 shall be transferred to the Florida Polytechnic University.
134 (3) After the transfers required in subsections (1) and (2)
135 are complete, all programs, functions, offices, records, faculty
136 positions, and staff positions of the University of South
137 Florida Polytechnic shall be transferred to the University of
138 South Florida.
139 Section 3. In accordance with s. 1004.28, Florida Statutes,
140 and the regulations of the Board of Governors, the Board of
141 Trustees of the Florida Polytechnic University may certify a
142 direct-support organization to serve the Florida Polytechnic
143 University. The Board of Trustees of the University of South
144 Florida, in conjunction with the University of South Florida
145 Foundation, shall develop and implement a plan to transfer,
146 after obtaining consent from the appropriate donors, assets
147 derived from donations intended for the enhancement of the
148 University of South Florida Polytechnic campus to the new
149 direct-support organization serving the Florida Polytechnic
150 University.
151 Section 4. All memoranda of understanding between the
152 University of South Florida and the University of South Florida
153 Polytechnic and its successors shall be invalid upon this act
154 becoming a law.
155 Section 5. The University of South Florida shall take
156 appropriate action, in collaboration with the Florida
157 Polytechnic University, to obtain all consents required by the
158 Federal Communications Commission and third parties before
159 assigning the educational broadband service station license that
160 has a Federal Communications Commission-issued reference point
161 in Polk County, Florida, to the Florida Polytechnic University.
162 Upon obtaining such consents, and upon the approval of the
163 Federal Communications Commission, the University of South
164 Florida shall assign the license, along with the excess capacity
165 lease agreement for the license, to the Florida Polytechnic
166 University, which shall assume the benefits, obligations, and
167 liabilities as the successor in interest, including all
168 regulatory and contractual responsibilities. This section is
169 contingent upon the approval of the assignment of the lease by
170 the Federal Communications Commission.
171 Section 6. The Florida Polytechnic University shall retain,
172 not subject to lease or other expense, the space occupied by the
173 University of South Florida Polytechnic campus in the Lakeland
174 joint-use facility and the associated facility utilization
175 rights and obligations and shall allow the University of South
176 Florida to use space pursuant to a mutual agreement specifying
177 the space to be used for the purpose of continuing the local
178 education of students who are enrolled at, or already admitted
179 to, the University of South Florida Polytechnic before the
180 effective date of this act and who wish to remain students at
181 the University of South Florida. Such students shall be afforded
182 the opportunity to complete their degrees at the University of
183 South Florida, subject to university criteria. The mutual
184 facility utilization agreement shall be adjusted annually to
185 reflect the space needs of the University of South Florida for
186 the purpose of continuing the local education of eligible
187 students. The Florida Polytechnic University shall transfer
188 space at the Lakeland joint-use facility to Polk State College
189 as new space becomes available on the new campus of the Florida
190 Polytechnic University. Once the Florida Polytechnic University
191 has no further need for the space at the Lakeland joint-use
192 facility, the Florida Polytechnic University shall complete the
193 transfer of all remaining property and buildings of the joint
194 use facility to Polk State College. This section does not
195 prevent the University of South Florida, the Florida Polytechnic
196 University, or Polk State College from entering into mutual
197 agreements to share or use space in the Lakeland joint-use
198 facility.
199 Section 7. The University of Florida, using its expertise
200 in the disciplines of science, technology, engineering, and
201 mathematics, shall be available in an advisory or consulting
202 capacity to assist the president and the Board of Trustees of
203 the Florida Polytechnic University in hiring, accreditation,
204 administration, and other areas.
205 Section 8. The Board of Trustees of the University of South
206 Florida and the Board of Trustees of the Florida Polytechnic
207 University, and the their respective officers, trustees,
208 employees, attorneys, and agents, are immune from any and all
209 civil liability pertaining to or arising from compliance with
210 this act, including the transfers required in this act.
211 Section 9. Paragraph (l) is added to subsection (6) of
212 section 1000.21, Florida Statutes, to read:
213 1000.21 Systemwide definitions.—As used in the Florida K-20
214 Education Code:
215 (6) “State university,” except as otherwise specifically
216 provided, includes the following institutions and any branch
217 campuses, centers, or other affiliates of the institution:
218 (l) The Florida Polytechnic University.
219 Section 10. Subsection (1), paragraph (b) of subsection
220 (2), and subsection (3) of section 1004.346, Florida Statutes,
221 are amended to read:
222 1004.346 Florida Industrial and Phosphate Research
223 Institute.—
224 (1) INSTITUTE CREATION.—The Florida Industrial and
225 Phosphate Research Institute is established within the Florida
226 Polytechnic University University of South Florida Polytechnic.
227 (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate
228 Research and Activities Board is created to monitor the
229 expenditure of funds appropriated to the university from the
230 Phosphate Research Trust Fund.
231 (b) The board shall consist of five members. The Governor
232 shall appoint two persons representing the phosphate mining or
233 processing industry and one member representing a major
234 environmental conservation group in the state. The Secretary of
235 Environmental Protection or his or her designee and the
236 president Campus Executive Officer of the Florida Polytechnic
237 University University of South Florida Polytechnic shall also
238 serve as board members.
239 (3) INSTITUTE EXECUTIVE DIRECTOR.—An executive director
240 shall be designated by and serve at the pleasure of the
241 president Campus Executive Officer of the Florida Polytechnic
242 University University of South Florida Polytechnic or his or her
243 designee. The executive director shall be responsible for the
244 daily administration of the institute, including the expenditure
245 of funds from all sources. The executive director shall consult
246 with the Phosphate Research and Activities Board on the projects
247 that the institute expects to undertake using moneys
248 appropriated from the Phosphate Research Trust Fund.
249 Section 11. Section 1004.387, Florida Statutes, is amended
250 to read:
251 1004.387 Doctor of pharmacy degree program at the
252 University of South Florida.—A doctor of pharmacy degree program
253 is authorized at the University of South Florida. The program
254 shall be physically located on the new campus of the University
255 of South Florida Polytechnic. The university is authorized to
256 develop and implement the program within existing facilities
257 only until the construction of a pharmacy facility on the new
258 campus of the University of South Florida Polytechnic is
259 completed, which shall house the doctor of pharmacy degree
260 program.
261 Section 12. Subsection (6) is added to section 1013.74,
262 Florida Statutes, to read:
263 1013.74 University authorization for fixed capital outlay
264 projects.—
265 (6) For the 2011-2012 through 2022-2023 fiscal years, a
266 university board of trustees may expend reserve or carry forward
267 balances from prior year operational and programmatic
268 appropriations for legislatively approved fixed capital outlay
269 projects authorized for the establishment of a new campus.
270 Section 13. The sum of $6 million is appropriated to the
271 Medical Center at the University of South Florida from recurring
272 general revenue for the 2012-2013 fiscal year for the purpose of
273 funding the University of South Florida’s College of Pharmacy.
274 Section 14. The sum of $10 million is appropriated to the
275 University of South Florida from recurring general revenue for
276 the 2012-2013 fiscal year in Education and General Activities
277 for the purpose of allowing students enrolled in the University
278 of South Florida Polytechnic to complete their degrees at the
279 University of South Florida. The appropriation of such funds is
280 contingent upon the University of South Florida meeting the
281 transfer requirements contained in this act and maintaining full
282 campus and program operations, including the retention of
283 current faculty and staff, except for employee terminations for
284 cause, for the University of South Florida Polytechnic until
285 June 30, 2012. The Executive Office of the Governor shall place
286 such funds in reserve if it determines that the contingency has
287 not been met.
288 Section 15. This act shall take effect upon becoming a law.