Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 72
       
       
       
       
       
       
                                Ì549916JÎ549916                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             03/13/2020 10:52 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Stargel moved the following:
       
    1         Senate Amendment to Amendment (594317) (with title
    2  amendment)
    3  
    4         Delete lines 955 - 1118
    5  and insert:
    6         (e) Operating expenditures that support the university
    7  mission and that are nonrecurring; and
    8         (f) Any purpose specified by the board or in the General
    9  Appropriations Act; and
   10         (g)A commitment of funds to a contingency reserve for
   11  expenses incurred as a result of a state of emergency declared
   12  by the Governor pursuant to s. 252.36.
   13         Section 18. Subsection (4) of section 1011.90, Florida
   14  Statutes, is amended to read:
   15         1011.90 State university funding.—
   16         (4) The Board of Governors shall establish and validate a
   17  cost-estimating system consistent with the requirements of
   18  subsection (1) and shall report as part of its legislative
   19  budget request the actual expenditures for the fiscal year
   20  ending the previous June 30. The legislative budget request must
   21  also include 5-year trend information on the number of faculty
   22  and administrators at each university and the proportion of FTE
   23  dedicated to instruction and research compared to
   24  administration. The Board of Governors, by regulation, shall
   25  define faculty and administrator classifications and shall also
   26  report the definitions in the legislative budget request.
   27  Expenditure analysis, operating budgets, and annual financial
   28  statements of each university must be prepared using the
   29  standard financial reporting procedures and formats prescribed
   30  by the Board of Governors. These formats shall be the same as
   31  used for the 2000-2001 fiscal year reports. Any revisions to
   32  these financial and reporting procedures and formats must be
   33  approved by the Executive Office of the Governor and the
   34  appropriations committees of the Legislature jointly under the
   35  provisions of s. 216.023(3). The Board of Governors shall
   36  continue to collect and maintain at a minimum management
   37  information existing on June 30, 2002. The expenditure analysis
   38  report shall include total expenditures from all sources for the
   39  general operation of the university and shall be in such detail
   40  as needed to support the legislative budget request.
   41         Section 19. Section 1012.977, Florida Statutes, is created
   42  to read:
   43         1012.977Disclosure of contracts that affect the integrity
   44  of state universities or entities; penalties.—
   45         (1)Any person employed by a state university or entity
   46  engaging in research which was created or authorized pursuant to
   47  part II of chapter 1004 consents to the policies of the
   48  university or entity, the regulations of the Board of Governors,
   49  and the laws of this state. At a minimum, such policies shall
   50  require employees engaged in the design, conduct, or reporting
   51  of research to disclose and receive a determination that the
   52  outside activity or financial interest does not affect the
   53  integrity of the state university or entity.
   54         (2)(a)"Financial interest" includes anything of value
   55  other than that provided directly by the university or entity.
   56         (b)"Outside activity" includes anything an employee does
   57  for an organization or an individual, other than the university
   58  or entity, that is related to the employee's expertise.
   59         (3)An employee who has failed to disclose any outside
   60  activity or financial interest as required by subsection (1)
   61  shall be suspended without pay pending the outcome of an
   62  investigation which shall not exceed 60 days. Upon conclusion of
   63  the investigation, the university or entity may terminate the
   64  contract of the employee.
   65         Section 20. Subsection (4) of section 1013.45, Florida
   66  Statutes, is amended, and paragraph (f) is added to subsection
   67  (1) of that section, to read:
   68         1013.45 Educational facilities contracting and construction
   69  techniques.—
   70         (1) Boards may employ procedures to contract for
   71  construction of new facilities, or for additions, remodeling,
   72  renovation, maintenance, or repairs to existing facilities, that
   73  will include, but not be limited to:
   74         (f)The consideration of other factors, including price,
   75  for the procurement of construction management and program
   76  management by university boards of trustees in accordance with
   77  regulations of the Board of Governors for any project on which
   78  full project plans and specifications have been prepared by a
   79  design professional and included in the procurement document.
   80         (4) Except as otherwise provided in this section and s.
   81  481.229, the services of a registered architect must be used for
   82  the development of plans for the erection, enlargement, or
   83  alteration of any educational facility. The services of a
   84  registered architect are not required for a minor renovation
   85  project for which the construction cost is less than $50,000 or
   86  for the placement or hookup of relocatable educational
   87  facilities that conform with standards adopted under s. 1013.37.
   88  However, boards must provide compliance with building code
   89  requirements and ensure that these structures are adequately
   90  anchored for wind resistance as required by law. A district
   91  school board shall reuse existing construction documents or
   92  design criteria packages if such reuse is feasible and
   93  practical. If a school district's 5-year educational facilities
   94  work plan includes the construction of two or more new schools
   95  for students in the same grade group and program, such as
   96  elementary, middle, or high school, the district school board
   97  shall require that prototype design and construction be used for
   98  the construction of these schools. Notwithstanding s. 287.055, a
   99  board may purchase the architectural services for the design of
  100  educational or ancillary facilities under an existing contract
  101  agreement for professional services held by a district school
  102  board in the State of Florida, provided that the purchase is to
  103  the economic advantage of the purchasing board, the services
  104  conform to the standards prescribed by rules of the State Board
  105  of Education, and such reuse is not without notice to, and
  106  permission from, the architect of record whose plans or design
  107  criteria are being reused. Plans shall be reviewed for
  108  compliance with the State Requirements for Educational
  109  Facilities. Rules adopted under this section must establish
  110  uniform prequalification, selection, bidding, and negotiation
  111  procedures applicable to construction management contracts and
  112  the design-build process. This section does not supersede any
  113  small, woman-owned or minority-owned business enterprise
  114  preference program adopted by a board. Except as otherwise
  115  provided in this section, the negotiation procedures applicable
  116  to construction management, program management, contracts and
  117  the design-build process must conform to the requirements of s.
  118  287.055. A board may not modify any rules regarding construction
  119  management contracts or the design-build process.
  120         Section 21. Paragraph (b) of subsection (2), paragraph (b)
  121  of subsection (3), and subsection (4) of section 1013.841,
  122  Florida Statutes, are amended to read:
  123         1013.841 End of year balance of Florida College System
  124  institution funds.—
  125         (2)
  126         (b) Each Florida College System institution with a final
  127  FTE less than 15,000 for the prior year that retains a state
  128  operating fund carry forward balance in excess of the 5 percent
  129  minimum shall submit a spending plan for its excess carry
  130  forward balance. The spending plan shall include all excess
  131  carry forward funds from state operating funds. The spending
  132  plan shall be submitted to the Florida College System
  133  institution's board of trustees for approval by September 30 1,
  134  2020, and each September 30 1 thereafter. The State Board of
  135  Education shall review and publish each Florida College System
  136  institution's carry forward spending plan by November 15 October
  137  1, 2020, and each November 15 October 1 thereafter.
  138         (3)
  139         (b) Each Florida College System institution with a final
  140  FTE of 15,000 or greater for the prior year that retains a state
  141  operating fund carry forward balance in excess of the 7 percent
  142  minimum shall submit a spending plan for its excess carry
  143  forward balance. The spending plan shall include all excess
  144  carry forward funds from state operating funds. The spending
  145  plan shall be submitted to the Florida College System
  146  institution's board of trustees for approval by September 30 1,
  147  2020, and each September 30 1 thereafter. The State Board of
  148  Education shall review and publish each Florida College System
  149  institution's carry forward spending plan by November 15 October
  150  1, 2020, and each November 15 October 1 thereafter.
  151         (4) A Florida College System institution identified in
  152  paragraph (3)(b) (3)(a) must include in its carry forward
  153  spending plan the estimated cost per planned expenditure and a
  154  timeline for completion of the expenditure. Authorized
  155  expenditures in a carry forward spending plan may include:
  156         (a) Commitment of funds to a public education capital
  157  outlay project for which an appropriation was previously
  158  provided, which requires additional funds for completion, and
  159  which is included in the list required by s. 1001.03(18)(d);
  160         (b) Completion of a renovation, repair, or maintenance
  161  project that is consistent with the provisions of s. 1013.64(1),
  162  up to $5 million per project;
  163         (c) Completion of a remodeling or infrastructure project,
  164  up to $10 million per project, if such project is survey
  165  recommended pursuant to s. 1013.31;
  166         (d) Completion of a repair or replacement project necessary
  167  due to damage caused by a natural disaster for buildings
  168  included in the inventory required pursuant to s. 1013.31;
  169         (e) Operating expenditures that support the Florida College
  170  System institution's mission which are nonrecurring; and
  171  
  172  ================= T I T L E  A M E N D M E N T ================
  173  And the title is amended as follows:
  174         Delete line 1300
  175  and insert:
  176  professional services under specified conditions; requiring
  177  certain procedures to