Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for SB 190 Ì561776LÎ561776 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 04/24/2019 10:21 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Stargel moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 336 - 515 4 and insert: 5 effective replacement or renovation of an existing building; 6 6. The project is deemed by the state board to be integral 7 to the mission of the system or the institution in serving the 8 strategic needs of communities, regions, or the state; and 9 7. For a new construction, remodeling, or renovation 10 project that has not received a prior appropriation, the project 11 has received, or has commitments to receive, funding from 12 sources other than a project-specific state appropriation to 13 assist with completion of the project and future maintenance 14 needs associated with the project; the project is needed to 15 preserve the safety of persons using the facility; or the 16 project is consistent with a strategic legislative or state 17 board initiative. 18 (b) For each Florida College System institution with a 19 final FTE of 15,000 or greater for the prior year, a new 20 construction, remodeling, or renovation project that has not 21 received an appropriation in a previous year may not be 22 considered for inclusion on the prioritized list required by s. 23 1013.64(4), unless: 24 1. There are sufficient excess funds from the allocation 25 provided pursuant to s. 1013.60 within the 3-year planning 26 period which are not needed to complete the projects listed 27 pursuant to paragraph (d); and 28 2. The project has been recommended pursuant to s. 1013.31. 29 (c) The project scoring the highest for each criterion 30 shall be awarded the maximum points in the range of points 31 within the points scale developed by the state board. The state 32 board shall weight the value of criteria such that the maximum 33 points awarded for each criterion represents a percent of the 34 total maximum points. 35 (d) The state board shall continually maintain a list of 36 all public education capital outlay projects for which state 37 funds were previously appropriated and have not been completed. 38 The list shall include an estimate of the amount of state 39 funding needed for the completion of each project. 40 (e) The state board shall review its space need calculation 41 methodology developed pursuant to s. 1013.03(2)(a) and present a 42 summary of its work with preliminary draft recommendations to 43 the chairs of the Senate and the House of Representatives 44 appropriations committees by January 15, 2020, and every 3 years 45 thereafter. 46 Section 4. Paragraphs (e) and (f) of subsection (5) of 47 section 1001.706, Florida Statutes, are amended, paragraph (j) 48 is added to subsection (3) and paragraph (i) is added to 49 subsection (5) of that section, and subsection (12) is added to 50 that section, to read: 51 1001.706 Powers and duties of the Board of Governors.— 52 (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND 53 OPERATION OF STATE UNIVERSITIES.— 54 (j) The Board of Governors shall develop and annually 55 deliver a training program for members of each state university 56 board of trustees that addresses the role of such boards in 57 governing institutional resources and protecting the public 58 interest. At a minimum, each trustee must participate in the 59 training program within 1 year of appointment and reappointment 60 to a university board of trustees. The program must include 61 information on trustee responsibilities relating to all of the 62 following: 63 1. Meeting the statutory, regulatory, and fiduciary 64 obligations of the board. 65 2. Establishing internal process controls and 66 accountability mechanisms for the institution’s president and 67 other administrative officers. 68 3. Oversight of planning, construction, maintenance, 69 expansion, and renovation projects that impact the university’s 70 consolidated infrastructure, physical facilities, and natural 71 environment, including its lands, improvements, and capital 72 equipment. 73 4. Establishing policies that promote college 74 affordability, including ensuring that the costs of university 75 fees, textbooks, and instructional materials are minimized 76 whenever possible. 77 5. Creation and implementation of institutionwide rules and 78 regulations. 79 6. Institutional ethics and conflicts of interest. 80 7. Best practices for board governance. 81 8. Understanding current national and state issues in 82 higher education. 83 9. Any other responsibilities the Board of Governors deems 84 necessary or appropriate. 85 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— 86 (e) The Board of Governors shall maintain an effective 87 information system to provide accurate, timely, and cost 88 effective information about each university. The board shall 89 continue to collect and maintain, at a minimum, management 90 information as such information existed on June 30, 2002. To 91 ensure consistency, the Board of Governors shall define the data 92 components and methodology used to implement ss. 1001.7065 and 93 1001.92. Each university shall conduct an annual audit to verify 94 that the data submitted pursuant to ss. 1001.7065 and 1001.92 95 complies with the data definitions established by the board and 96 submit the audits to the Board of Governors Office of Inspector 97 General as part of the annual certification process required by 98 the Board of Governors. 99 (f) If the Board of Governors of the State University 100 System, the presiding officer of either house of the 101 Legislature, the Chief Financial Officer, or the chairperson of 102 the board of trustees of the institution for which an 103 investigation is sought determines that a state university board 104 of trustees is unwilling or unable to address substantiated 105 allegations made by any person relating to waste, fraud, or 106 financial mismanagement within the state university, the Office 107 of the Inspector General shall investigate the allegations. 108 (i) The Board of Governors shall match individual student 109 information with information in the files of state and federal 110 agencies that maintain educational and employment records. The 111 board must enter into an agreement with the Department of 112 Economic Opportunity that allows access to the individual 113 reemployment assistance wage records maintained by the 114 department. The agreement must protect individual privacy and 115 provide that student information may be used only for the 116 purposes of auditing or evaluating higher education programs 117 offered by state universities. 118 (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of 119 Governors shall submit the prioritized list as required by s. 120 1013.64(4). Projects considered for prioritization shall be 121 chosen from a preliminary selection group that shall include the 122 list of projects maintained pursuant to paragraph (d) and up to 123 the top five ranked priorities of each state university. 124 (a) The board shall develop a points-based prioritization 125 method to rank projects for consideration from the preliminary 126 selection group and award points for the degree to which a 127 project meets specific criteria compared to other projects in 128 the preliminary selection group. The board shall consider 129 criteria that evaluate the degree to which: 130 1. The project was funded previously by the Legislature and 131 the amount of funds needed for completion constitutes a 132 relatively low percentage of total project costs; 133 2. The project represents a building maintenance project or 134 the repair of utility infrastructure which is necessary to 135 preserve a safe environment for students and staff, or a project 136 that is necessary to maintain the operation of a university 137 site, and for which the university can demonstrate it has no 138 other fund source available to complete the project; 139 3. The project addresses the greatest current or projected 140 need for space as indicated by factors such as increased 141 instructional or research capacity that enhances educational 142 opportunities for students; 143 4. The project reflects a ranked priority of the submitting 144 university; 145 5. The project represents the most practical and cost 146 effective replacement or renovation of an existing building; 147 6. The project is deemed integral to the mission of the 148 system or the institution in serving the strategic needs of 149 communities, regions, or this state; and 150 7. For a new construction, remodeling, or renovation 151 project that has not received a prior appropriation, the project 152 has received, or has commitments to receive, funding from 153 sources other than a project-specific state appropriation to 154 assist with completion of the project and future maintenance 155 needs associated with the project; the project is needed to 156 preserve the safety of persons using the facility; or the 157 project is consistent with a strategic legislative or board 158 initiative. 159 (b) A new construction, remodeling, or renovation project 160 that has not received an appropriation in a previous year may 161 not be considered for inclusion on the prioritized list required 162 by s. 1013.64(4), unless: 163 1. There are sufficient excess funds from the allocation 164 provided pursuant to s. 1013.60 within the 3-year planning 165 period which are not needed to complete the projects listed 166 pursuant to paragraph (d); and 167 2. The project has been recommended pursuant to s. 1013.31. 168 (c) The project scoring the highest for each criterion 169 shall be awarded the maximum points in the range of points 170 within the points scale developed by the board. The board shall 171 weight the value of criteria such that the maximum points 172 awarded for each criterion represent a percent of the total of 173 maximum points. 174 (d) The board shall continually maintain a list of all 175 public education capital outlay projects for which state funds 176 were previously appropriated which have not been completed. The 177 list shall include an estimate of the amount of state funding 178 needed for the completion of each project. 179 (e) The board shall review its space need calculation 180 methodology developed pursuant to s. 1013.03(2)(a) and present a 181 summary of its work with preliminary draft recommendations to 182 the chairs of the Senate and the House of Representatives 183 appropriations committees by January 15, 2020, and every 3 years 184 thereafter. 185 186 ================= T I T L E A M E N D M E N T ================ 187 And the title is amended as follows: 188 Delete lines 19 - 50 189 and insert: 190 rank projects based on specified criteria; specifying 191 that specified new projects at a Florida College 192 System institution with a final FTE of 15,000 or 193 greater must satisfy specified criteria; requiring 194 weighted values within the point scale; requiring the 195 State Board of Education to maintain a list of capital 196 outlay projects for which state funds have been 197 appropriated but which have not been completed; 198 requiring the State Board of Education to review its 199 space need calculation methodology and to present a 200 summary and preliminary recommendations to the chairs 201 of the legislative appropriations committees by a 202 specified date and at a specified interval thereafter; 203 amending s. 1001.706, F.S.; requiring the Board of 204 Governors to develop and annually deliver a training 205 program for members of state university boards of 206 trustees; requiring trustee participation within a 207 specified timeframe of appointment and reappointment; 208 requiring the inclusion of certain information in the 209 training program; requiring the board to define data 210 components and methodology for specified purposes; 211 requiring state universities to submit annual 212 institutional audits to the board’s Office of 213 Inspector General; providing that a determination by 214 specified persons in addition to the Board of 215 Governors may cause the Office of the Inspector 216 General to investigate specified allegations against a 217 state university or its board of trustees; requiring 218 the board to match certain student information with 219 specified educational and employment records; 220 requiring the board to enter into an agreement with 221 the Department of Economic Opportunity for certain 222 purposes; providing requirements for such agreement; 223 requiring the Board of Governors to develop a 224 prioritized list of capital projects based on 225 previously funded but not completed projects and 226 ranked priorities at state universities; requiring the 227 Board of Governors to develop a points-based 228 prioritization method to rank projects based on 229 specified criteria; requiring the board to consider 230 specified criteria for certain projects; requiring 231 weighted values within the point scale; requiring the