Florida Senate - 2023                                    SB 7026
       
       
        
       By the Appropriations Committee on Education
       
       
       
       
       
       602-02851-23                                          20237026__
    1                        A bill to be entitled                      
    2         An act relating to higher education finances; amending
    3         s. 1001.706, F.S.; requiring the Board of Governors to
    4         develop regulations for university boards of trustees
    5         relating to contracting for the construction of new
    6         facilities or for work on existing facilities;
    7         amending s. 1009.26, F.S.; authorizing a state
    8         university to waive the out-of-state fee for a student
    9         who is an intercollegiate athlete receiving a
   10         scholarship; amending ss. 1011.45 and 1013.841, F.S.;
   11         revising the list of authorized expenditures that may
   12         be included in a carry forward spending plan for state
   13         universities and Florida College System institutions,
   14         respectively; amending s. 1012.976, F.S.; revising a
   15         limitation on compensation for state university
   16         employees; amending s. 1013.45, F.S.; providing that
   17         certain educational facility contracting and
   18         construction techniques applicable to school districts
   19         also apply to Florida College System institutions;
   20         amending s. 1013.64, F.S.; deleting cost and size
   21         limitations applicable to minor facilities; providing
   22         an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (a) of subsection (7) of section
   27  1001.706, Florida Statutes, is amended to read:
   28         1001.706 Powers and duties of the Board of Governors.—
   29         (7) POWERS AND DUTIES RELATING TO PROPERTY.—
   30         (a) The Board of Governors shall develop guidelines for
   31  university boards of trustees relating to the acquisition of
   32  real and personal property and the sale and disposal thereof and
   33  the approval and execution of contracts for the purchase, sale,
   34  lease, license, or acquisition of commodities, goods, equipment,
   35  contractual services, leases of real and personal property, and
   36  construction. The acquisition may include purchase by
   37  installment or lease-purchase. Such contracts may provide for
   38  payment of interest on the unpaid portion of the purchase price.
   39  Title to all real property acquired before prior to January 7,
   40  2003, and to all real property acquired with funds appropriated
   41  by the Legislature shall be vested in the Board of Trustees of
   42  the Internal Improvement Trust Fund and shall be transferred and
   43  conveyed by it. The Board of Governors shall develop regulations
   44  for university boards of trustees relating to the procedures for
   45  contracting for the construction of new facilities, or for
   46  additions, remodeling, renovation, maintenance, or repairs to
   47  existing facilities. The regulations must include, but are not
   48  limited to, competitive bids, design-build, and selection of a
   49  construction management entity Notwithstanding any other
   50  provisions of this subsection, each board of trustees shall
   51  comply with the provisions of s. 287.055 for the procurement of
   52  professional services as defined therein. Any acquisition
   53  pursuant to this paragraph is subject to the provisions of s.
   54  1010.62.
   55         Section 2. Subsection (21) is added to section 1009.26,
   56  Florida Statutes, to read:
   57         1009.26 Fee waivers.—
   58         (21) A state university may waive the out-of-state fee for
   59  a student who is an intercollegiate athlete receiving an
   60  athletic scholarship.
   61         Section 3. Subsection (3) of section 1011.45, Florida
   62  Statutes, is amended to read:
   63         1011.45 End of year balance of funds.—Unexpended amounts in
   64  any fund in a university current year operating budget shall be
   65  carried forward and included as the balance forward for that
   66  fund in the approved operating budget for the following year.
   67         (3) A university’s carry forward spending plan must shall
   68  include the estimated cost per planned expenditure and a
   69  timeline for completion of the expenditure. Authorized
   70  expenditures in a carry forward spending plan may include:
   71         (a) Commitment of funds to a public education capital
   72  outlay project for which an appropriation has previously been
   73  provided that requires additional funds for completion and which
   74  is included in the list required by s. 1001.706(12)(d);
   75         (b) Completion of a renovation, repair, or maintenance
   76  project that is consistent with the provisions of s. 1013.64(1),
   77  up to $5 million per project and replacement of a minor facility
   78  that does not exceed 10,000 gross square feet in size up to $2
   79  million;
   80         (c) Completion of a remodeling or infrastructure project,
   81  including a project for a developmental research school, up to
   82  $10 million per project, if such project is survey recommended
   83  pursuant to s. 1013.31;
   84         (d) Completion of a repair or replacement project necessary
   85  due to damage caused by a natural disaster for buildings
   86  included in the inventory required pursuant to s. 1013.31;
   87         (e) Operating expenditures that support the university’s
   88  university mission and that are nonrecurring;
   89         (f) Any purpose specified by the board or in the General
   90  Appropriations Act, including the requirements in s.
   91  1001.706(12)(c) or similar requirements pursuant to Board of
   92  Governors regulations; and
   93         (g) A commitment of funds to a contingency reserve for
   94  expenses incurred as a result of a state of emergency declared
   95  by the Governor pursuant to s. 252.36.
   96         Section 4. Subsection (4) of section 1013.841, Florida
   97  Statutes, is amended to read:
   98         1013.841 End of year balance of Florida College System
   99  institution funds.—
  100         (4) A Florida College System institution identified in
  101  paragraph (3)(b) must include in its carry forward spending plan
  102  the estimated cost per planned expenditure and a timeline for
  103  completion of the expenditure. Authorized expenditures in a
  104  carry forward spending plan may include:
  105         (a) Commitment of funds to a public education capital
  106  outlay project for which an appropriation was previously
  107  provided, which requires additional funds for completion, and
  108  which is included in the list required by s. 1001.03(18)(d);
  109         (b) Completion of a renovation, repair, or maintenance
  110  project that is consistent with the provisions of s. 1013.64(1)
  111  and replacement of a minor facility, up to $5 million per
  112  project;
  113         (c) Completion of a remodeling or infrastructure project,
  114  up to $10 million per project, if such project is survey
  115  recommended pursuant to s. 1013.31;
  116         (d) Completion of a repair or replacement project necessary
  117  due to damage caused by a natural disaster for buildings
  118  included in the inventory required pursuant to s. 1013.31;
  119         (e) Operating expenditures that support the Florida College
  120  System institution’s mission which are nonrecurring;
  121         (f) Any purpose approved by the state board or specified in
  122  the General Appropriations Act; and
  123         (g) A commitment of funds to a contingency reserve for
  124  expenses incurred as a result of a state of emergency declared
  125  by the Governor pursuant to s. 252.36.
  126         Section 5. Subsection (2) of section 1012.976, Florida
  127  Statutes, is amended to read:
  128         1012.976 Remuneration of state university employees;
  129  limitations.—
  130         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
  131  law, resolution, or rule to the contrary, a state university
  132  employee may not receive more than $250,000 $200,000 in
  133  remuneration annually from appropriated state funds. Only
  134  compensation, as such term is defined in s. 121.021(22),
  135  provided to a state university employee may be used in
  136  calculating benefits under chapter 121.
  137         Section 6. Section 1013.45, Florida Statutes, is amended to
  138  read:
  139         1013.45 Educational facilities contracting and construction
  140  techniques for school districts and Florida College System
  141  institutions.—
  142         (1) District school boards and boards of trustees of
  143  Florida College System institutions may employ procedures to
  144  contract for construction of new facilities, or for additions,
  145  remodeling, renovation, maintenance, or repairs to existing
  146  facilities, which that will include, but are not be limited to:
  147         (a) Competitive bids.
  148         (b) Design-build pursuant to s. 287.055.
  149         (c) Selecting a construction management entity, pursuant to
  150  s. 255.103 or the process provided by s. 287.055, that would be
  151  responsible for all scheduling and coordination in both design
  152  and construction phases and is generally responsible for the
  153  successful, timely, and economical completion of the
  154  construction project. The construction management entity must
  155  consist of or contract with licensed or registered professionals
  156  for the specific fields or areas of construction to be
  157  performed, as required by law. At the option of the board, the
  158  construction management entity, after having been selected, may
  159  be required to offer a guaranteed maximum price or a guaranteed
  160  completion date; in which case, the construction management
  161  entity must secure an appropriate surety bond pursuant to s.
  162  255.05 and must hold construction subcontracts. The criteria for
  163  selecting a construction management entity may shall not
  164  unfairly penalize an entity that has relevant experience in the
  165  delivery of construction projects of similar size and complexity
  166  by methods of delivery other than construction management.
  167         (d) Selecting a program management entity, pursuant to s.
  168  255.103 or the process provided by s. 287.055, that would act as
  169  the agent of the board and would be responsible for schedule
  170  control, cost control, and coordination in providing or
  171  procuring planning, design, and construction services. The
  172  program management entity must consist of or contract with
  173  licensed or registered professionals for the specific areas of
  174  design or construction to be performed as required by law. The
  175  program management entity may retain necessary design
  176  professionals selected under the process provided in s. 287.055.
  177  At the option of the board, the program management entity, after
  178  having been selected, may be required to offer a guaranteed
  179  maximum price or a guaranteed completion date, in which case the
  180  program management entity must secure an appropriate surety bond
  181  pursuant to s. 255.05 and must hold design and construction
  182  subcontracts. The criteria for selecting a program management
  183  entity may shall not unfairly penalize an entity that has
  184  relevant experience in the delivery of construction programs of
  185  similar size and complexity by methods of delivery other than
  186  program management.
  187         (e) Day-labor contracts not exceeding $280,000 for
  188  construction, renovation, remodeling, or maintenance of existing
  189  facilities. This amount shall be adjusted annually based upon
  190  changes in the Consumer Price Index.
  191         (2) For the purposes of this section, “day-labor contract”
  192  means a project constructed using persons employed directly by a
  193  board or by contracted labor.
  194         (3) Contractors, design-build firms, contract management
  195  entities, program management entities, or any other person under
  196  contract to construct facilities or major additions to
  197  facilities may use any construction techniques allowed by
  198  contract and not prohibited by law, including, but not limited
  199  to, those techniques known as fast-track construction
  200  scheduling, use of components, and systems building process.
  201         (4) Except as otherwise provided in this section and s.
  202  481.229, the services of a registered architect must be used for
  203  the development of plans for the erection, enlargement, or
  204  alteration of any educational facility. The services of a
  205  registered architect are not required for a minor renovation
  206  project for which the construction cost is less than $50,000 or
  207  for the placement or hookup of relocatable educational
  208  facilities that conform to with standards adopted under s.
  209  1013.37. However, boards must provide compliance with building
  210  code requirements and ensure that these structures are
  211  adequately anchored for wind resistance as required by law. A
  212  district school board shall reuse existing construction
  213  documents or design criteria packages if such reuse is feasible
  214  and practical. If a school district’s 5-year educational
  215  facilities work plan includes the construction of two or more
  216  new schools for students in the same grade group and program,
  217  such as elementary, middle, or high school, the district school
  218  board must shall require that prototype design and construction
  219  be used for the construction of these schools. Notwithstanding
  220  s. 287.055, a board may purchase the architectural services for
  221  the design of educational or ancillary facilities under an
  222  existing contract agreement for professional services held by a
  223  district school board in the State of Florida, provided that the
  224  purchase is to the economic advantage of the purchasing board,
  225  the services conform to the standards prescribed by rules of the
  226  State Board of Education, and such reuse is not without notice
  227  to, and permission from, the architect of record whose plans or
  228  design criteria are being reused. Plans must shall be reviewed
  229  for compliance with the State Requirements for Educational
  230  Facilities. Rules adopted under this section must establish
  231  uniform prequalification, selection, bidding, and negotiation
  232  procedures applicable to construction management contracts and
  233  the design-build process. This section does not supersede any
  234  small, woman-owned, or minority-owned business enterprise
  235  preference program adopted by a board. Except as otherwise
  236  provided in this section, the negotiation procedures applicable
  237  to construction management contracts and the design-build
  238  process must conform to the requirements of s. 287.055. A board
  239  may not modify any rules regarding construction management
  240  contracts or the design-build process.
  241         Section 7. Paragraph (h) of subsection (1) of section
  242  1013.64, Florida Statutes, is amended to read:
  243         1013.64 Funds for comprehensive educational plant needs;
  244  construction cost maximums for school district capital
  245  projects.—Allocations from the Public Education Capital Outlay
  246  and Debt Service Trust Fund to the various boards for capital
  247  outlay projects shall be determined as follows:
  248         (1)
  249         (h) University boards of trustees may utilize funds
  250  appropriated pursuant to this section for replacement of minor
  251  facilities provided that such projects do not exceed $1 million
  252  in cost or 10,000 gross square feet in size. Minor facilities
  253  may not be replaced from funds provided pursuant to this section
  254  unless the board determines that the cost of repair or
  255  renovation is greater than or equal to the cost of replacement.
  256         Section 8. This act shall take effect July 1, 2023.