ENROLLED
       2023 Legislature                   CS for SB 7026, 2nd Engrossed
       
       
       
       
       
       
                                                             20237026er
    1  
    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         providing requirements for certain contracts executed
    8         or amended before a specified date; amending s.
    9         1009.26, F.S.; providing that certain fee waivers
   10         apply to Florida College System institutions in
   11         addition to state universities; authorizing a state
   12         university or Florida College System institution to
   13         waive the out-of-state fee for a student who is an
   14         intercollegiate athlete receiving a scholarship;
   15         amending s. 1011.45, F.S.; revising the list of
   16         authorized expenditures that may be included in a
   17         carry forward spending plan for state universities;
   18         amending s. 1012.886, F.S.; revising the amount a
   19         Florida College System administrative employee may
   20         receive in remuneration; amending s. 1012.978, F.S.;
   21         requiring university boards of trustees to submit an
   22         annual report to the Board of Governors when awarding
   23         bonuses; requiring the board to develop a regulation;
   24         amending s. 1013.841, F.S.; revising the list of
   25         authorized expenditures that may be included in a
   26         carry forward spending plan for Florida College System
   27         institutions; amending s. 1012.976, F.S.; revising
   28         definitions; defining the term “public funds”;
   29         revising a limitation on compensation for state
   30         university employees; amending s. 1013.45, F.S.;
   31         providing that certain educational facility
   32         contracting and construction techniques applicable to
   33         school districts also apply to Florida College System
   34         institutions; amending s. 1013.64, F.S.; deleting cost
   35         and size limitations applicable to minor facilities;
   36         providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (a) of subsection (7) of section
   41  1001.706, Florida Statutes, is amended to read:
   42         1001.706 Powers and duties of the Board of Governors.—
   43         (7) POWERS AND DUTIES RELATING TO PROPERTY.—
   44         (a) The Board of Governors shall develop guidelines for
   45  university boards of trustees relating to the acquisition of
   46  real and personal property and the sale and disposal thereof and
   47  the approval and execution of contracts for the purchase, sale,
   48  lease, license, or acquisition of commodities, goods, equipment,
   49  contractual services, leases of real and personal property, and
   50  construction. The acquisition may include purchase by
   51  installment or lease-purchase. Such contracts may provide for
   52  payment of interest on the unpaid portion of the purchase price.
   53  Title to all real property acquired before prior to January 7,
   54  2003, and to all real property acquired with funds appropriated
   55  by the Legislature shall be vested in the Board of Trustees of
   56  the Internal Improvement Trust Fund and shall be transferred and
   57  conveyed by it.
   58         1. No later than October 1, 2023, the Board of Governors
   59  shall develop regulations for university boards of trustees
   60  relating to the procedures for contracting for professional
   61  services as defined in s. 287.055 and for the construction of
   62  new facilities or for the remodeling, renovation, or maintenance
   63  of or additions or repairs to existing facilities. The
   64  regulations must include, but are not limited to, competitive
   65  bids, design-build, and selection of a construction management
   66  entity. Contracts executed, extended, or amended on or before
   67  September 30, 2023, must comply with the requirements of s.
   68  287.055.
   69         2. Notwithstanding any other provisions of this subsection,
   70  each board of trustees shall comply with the provisions of s.
   71  287.055 for the procurement of professional services as defined
   72  therein. any acquisition pursuant to this paragraph is subject
   73  to the provisions of s. 1010.62.
   74         Section 2. Subsections (2) and (4) of section 1009.26,
   75  Florida Statutes, are amended, and subsection (21) is added to
   76  that section, to read:
   77         1009.26 Fee waivers.—
   78         (2) A state university or Florida College System
   79  institution may waive any or all application, tuition, or and
   80  related fees for persons who supervise student interns for a
   81  state university.
   82         (4) A state university or Florida College System
   83  institution may waive any or all application, tuition, or and
   84  related fees for persons 60 years of age or older who are
   85  residents of this state and who attend classes for credit. No
   86  Academic credit may not shall be awarded for attendance in
   87  classes for which fees are waived under this subsection. This
   88  privilege may be granted only on a space-available basis, if
   89  such classes are not filled as of the close of registration. A
   90  university may limit or deny the privilege for courses that
   91  which are in programs for which the Board of Governors has
   92  established selective admissions criteria. Persons paying full
   93  fees and state employees taking courses on a space-available
   94  basis shall have priority over those persons whose fees are
   95  waived in all cases where classroom spaces are limited.
   96         (21) A state university or Florida College System
   97  institution may waive the out-of-state fee for a student who is
   98  an intercollegiate athlete receiving an athletic scholarship.
   99         Section 3. Subsection (3) of section 1011.45, Florida
  100  Statutes, is amended to read:
  101         1011.45 End of year balance of funds.—Unexpended amounts in
  102  any fund in a university current year operating budget shall be
  103  carried forward and included as the balance forward for that
  104  fund in the approved operating budget for the following year.
  105         (3) A university’s carry forward spending plan must shall
  106  include the estimated cost per planned expenditure and a
  107  timeline for completion of the expenditure. Authorized
  108  expenditures in a carry forward spending plan may include:
  109         (a) Commitment of funds to a public education capital
  110  outlay project for which an appropriation has previously been
  111  provided that requires additional funds for completion and which
  112  is included in the list required by s. 1001.706(12)(d);
  113         (b) Completion of a renovation, repair, or maintenance
  114  project that is consistent with the provisions of s. 1013.64(1)
  115  or, up to $5 million per project and replacement of a minor
  116  facility that does not exceed 10,000 gross square feet in size
  117  up to $2 million;
  118         (c) Completion of a remodeling or infrastructure project,
  119  including a project for a developmental research school, up to
  120  $10 million per project, if such project is survey recommended
  121  pursuant to s. 1013.31;
  122         (d) Completion of a repair or replacement project necessary
  123  due to damage caused by a natural disaster for buildings
  124  included in the inventory required pursuant to s. 1013.31;
  125         (e) Operating expenditures that support the university’s
  126  university mission and that are nonrecurring;
  127         (f) Any purpose specified by the board or in the General
  128  Appropriations Act, including the requirements in s.
  129  1001.706(12)(c) or similar requirements pursuant to Board of
  130  Governors regulations; and
  131         (g) A commitment of funds to a contingency reserve for
  132  expenses incurred as a result of a state of emergency declared
  133  by the Governor pursuant to s. 252.36.
  134         Section 4. Subsection (2) of section 1012.886, Florida
  135  Statutes, is amended to read:
  136         1012.886 Remuneration of Florida College System institution
  137  administrative employees; limitations.—
  138         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
  139  law, resolution, or rule to the contrary, a Florida College
  140  System institution administrative employee may not receive more
  141  than $250,000 $200,000 in remuneration annually from
  142  appropriated state funds. Only compensation, as such term is
  143  defined in s. 121.021(22), provided to a Florida College System
  144  institution administrative employee may be used in calculating
  145  benefits under chapter 121.
  146         Section 5. Section 1012.978, Florida Statutes, is amended
  147  to read:
  148         1012.978 Bonuses for state university system employees.
  149  Notwithstanding s. 215.425(3), a university board of trustees
  150  may implement a bonus scheme based on awards for work
  151  performance or employee recruitment and retention. The board of
  152  trustees must submit an annual report to the Board of Governors
  153  when awarding bonuses the bonus scheme, including the evaluation
  154  criteria by which a bonus will be awarded. The Board of
  155  Governors shall develop a regulation to ensure consistency in
  156  the implementation of this section must approve any bonus scheme
  157  created under this section before its implementation.
  158         Section 6. Subsection (4) of section 1013.841, Florida
  159  Statutes, is amended to read:
  160         1013.841 End of year balance of Florida College System
  161  institution funds.—
  162         (4) A Florida College System institution identified in
  163  paragraph (3)(b) must include in its carry forward spending plan
  164  the estimated cost per planned expenditure and a timeline for
  165  completion of the expenditure. Authorized expenditures in a
  166  carry forward spending plan may include:
  167         (a) Commitment of funds to a public education capital
  168  outlay project for which an appropriation was previously
  169  provided, which requires additional funds for completion, and
  170  which is included in the list required by s. 1001.03(18)(d);
  171         (b) Completion of a renovation, repair, or maintenance
  172  project that is consistent with the provisions of s. 1013.64(1)
  173  or replacement of a minor facility, up to $5 million per
  174  project;
  175         (c) Completion of a remodeling or infrastructure project,
  176  up to $10 million per project, if such project is survey
  177  recommended pursuant to s. 1013.31;
  178         (d) Completion of a repair or replacement project necessary
  179  due to damage caused by a natural disaster for buildings
  180  included in the inventory required pursuant to s. 1013.31;
  181         (e) Operating expenditures that support the Florida College
  182  System institution’s mission which are nonrecurring;
  183         (f) Any purpose approved by the state board or specified in
  184  the General Appropriations Act; and
  185         (g) A commitment of funds to a contingency reserve for
  186  expenses incurred as a result of a state of emergency declared
  187  by the Governor pursuant to s. 252.36.
  188         Section 7. Section 1012.976, Florida Statutes, is amended
  189  to read:
  190         1012.976 Remuneration of state university employees;
  191  limitations.—
  192         (1) DEFINITIONS.—As used in this section, the term:
  193         (a) “Appropriated state funds” means funds appropriated
  194  from the General Revenue Fund or funds appropriated from state
  195  trust funds.
  196         (b) “Cash-equivalent compensation” means any benefit that
  197  may be assigned an equivalent cash value.
  198         (b) “Public funds” means funds appropriated from the
  199  General Revenue Fund, funds appropriated from state trust funds,
  200  or tuition and fees.
  201         (c) “Remuneration” means salary, bonuses, and cash
  202  equivalent compensation paid to a state university employee by
  203  his or her employer for work performed, excluding health
  204  insurance benefits and retirement benefits.
  205         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
  206  law, resolution, or rule to the contrary, a state university
  207  employee may not receive more than $250,000 $200,000 in
  208  remuneration annually from public appropriated state funds. Only
  209  compensation, as such term is defined in s. 121.021(22),
  210  provided to a state university employee may be used in
  211  calculating benefits under chapter 121.
  212         (3) EXCEPTIONS.—This section does not prohibit any party
  213  from providing cash or cash-equivalent compensation from funds
  214  that are not public appropriated state funds to a state
  215  university employee in excess of the limit in subsection (2). If
  216  a party is unable or unwilling to fulfill an obligation to
  217  provide cash or cash-equivalent compensation to a state
  218  university employee as permitted under this subsection, public
  219  appropriated state funds may not be used to fulfill such
  220  obligation. This section does not apply to university teaching
  221  faculty in instructional programs classified as Computer
  222  Information Sciences and Support Services; Engineering;
  223  Engineering Technologies and Engineering-Related Fields; Florida
  224  Mental Health Institute; Health Professions and Related
  225  Programs; Homeland Security, Law Enforcement, Firefighting, and
  226  Related Fields; Mathematics; Nursing; or Physical Sciences; or
  227  to medical school faculty or staff.
  228         Section 8. Section 1013.45, Florida Statutes, is amended to
  229  read:
  230         1013.45 Educational facilities contracting and construction
  231  techniques for school districts and Florida College System
  232  institutions.—
  233         (1) District school boards and boards of trustees of
  234  Florida College System institutions may employ procedures to
  235  contract for construction of new facilities, or for additions,
  236  remodeling, renovation, maintenance, or repairs to existing
  237  facilities, which that will include, but are not be limited to:
  238         (a) Competitive bids.
  239         (b) Design-build pursuant to s. 287.055.
  240         (c) Selecting a construction management entity, pursuant to
  241  s. 255.103 or the process provided by s. 287.055, that would be
  242  responsible for all scheduling and coordination in both design
  243  and construction phases and is generally responsible for the
  244  successful, timely, and economical completion of the
  245  construction project. The construction management entity must
  246  consist of or contract with licensed or registered professionals
  247  for the specific fields or areas of construction to be
  248  performed, as required by law. At the option of the board, the
  249  construction management entity, after having been selected, may
  250  be required to offer a guaranteed maximum price or a guaranteed
  251  completion date; in which case, the construction management
  252  entity must secure an appropriate surety bond pursuant to s.
  253  255.05 and must hold construction subcontracts. The criteria for
  254  selecting a construction management entity may shall not
  255  unfairly penalize an entity that has relevant experience in the
  256  delivery of construction projects of similar size and complexity
  257  by methods of delivery other than construction management.
  258         (d) Selecting a program management entity, pursuant to s.
  259  255.103 or the process provided by s. 287.055, that would act as
  260  the agent of the board and would be responsible for schedule
  261  control, cost control, and coordination in providing or
  262  procuring planning, design, and construction services. The
  263  program management entity must consist of or contract with
  264  licensed or registered professionals for the specific areas of
  265  design or construction to be performed as required by law. The
  266  program management entity may retain necessary design
  267  professionals selected under the process provided in s. 287.055.
  268  At the option of the board, the program management entity, after
  269  having been selected, may be required to offer a guaranteed
  270  maximum price or a guaranteed completion date, in which case the
  271  program management entity must secure an appropriate surety bond
  272  pursuant to s. 255.05 and must hold design and construction
  273  subcontracts. The criteria for selecting a program management
  274  entity may shall not unfairly penalize an entity that has
  275  relevant experience in the delivery of construction programs of
  276  similar size and complexity by methods of delivery other than
  277  program management.
  278         (e) Day-labor contracts not exceeding $280,000 for
  279  construction, renovation, remodeling, or maintenance of existing
  280  facilities. This amount shall be adjusted annually based upon
  281  changes in the Consumer Price Index.
  282         (2) For the purposes of this section, “day-labor contract”
  283  means a project constructed using persons employed directly by a
  284  board or by contracted labor.
  285         (3) Contractors, design-build firms, contract management
  286  entities, program management entities, or any other person under
  287  contract to construct facilities or major additions to
  288  facilities may use any construction techniques allowed by
  289  contract and not prohibited by law, including, but not limited
  290  to, those techniques known as fast-track construction
  291  scheduling, use of components, and systems building process.
  292         (4) Except as otherwise provided in this section and s.
  293  481.229, the services of a registered architect must be used for
  294  the development of plans for the erection, enlargement, or
  295  alteration of any educational facility. The services of a
  296  registered architect are not required for a minor renovation
  297  project for which the construction cost is less than $50,000 or
  298  for the placement or hookup of relocatable educational
  299  facilities that conform to with standards adopted under s.
  300  1013.37. However, boards must provide compliance with building
  301  code requirements and ensure that these structures are
  302  adequately anchored for wind resistance as required by law. A
  303  district school board shall reuse existing construction
  304  documents or design criteria packages if such reuse is feasible
  305  and practical. If a school district’s 5-year educational
  306  facilities work plan includes the construction of two or more
  307  new schools for students in the same grade group and program,
  308  such as elementary, middle, or high school, the district school
  309  board must shall require that prototype design and construction
  310  be used for the construction of these schools. Notwithstanding
  311  s. 287.055, a board may purchase the architectural services for
  312  the design of educational or ancillary facilities under an
  313  existing contract agreement for professional services held by a
  314  district school board in the State of Florida, provided that the
  315  purchase is to the economic advantage of the purchasing board,
  316  the services conform to the standards prescribed by rules of the
  317  State Board of Education, and such reuse is not without notice
  318  to, and permission from, the architect of record whose plans or
  319  design criteria are being reused. Plans must shall be reviewed
  320  for compliance with the State Requirements for Educational
  321  Facilities. Rules adopted under this section must establish
  322  uniform prequalification, selection, bidding, and negotiation
  323  procedures applicable to construction management contracts and
  324  the design-build process. This section does not supersede any
  325  small, woman-owned, or minority-owned business enterprise
  326  preference program adopted by a board. Except as otherwise
  327  provided in this section, the negotiation procedures applicable
  328  to construction management contracts and the design-build
  329  process must conform to the requirements of s. 287.055. A board
  330  may not modify any rules regarding construction management
  331  contracts or the design-build process.
  332         Section 9. Paragraph (h) of subsection (1) of section
  333  1013.64, Florida Statutes, is amended to read:
  334         1013.64 Funds for comprehensive educational plant needs;
  335  construction cost maximums for school district capital
  336  projects.—Allocations from the Public Education Capital Outlay
  337  and Debt Service Trust Fund to the various boards for capital
  338  outlay projects shall be determined as follows:
  339         (1)
  340         (h) University boards of trustees may utilize funds
  341  appropriated pursuant to this section for replacement of minor
  342  facilities provided that such projects do not exceed $1 million
  343  in cost or 10,000 gross square feet in size. Minor facilities
  344  may not be replaced from funds provided pursuant to this section
  345  unless the board determines that the cost of repair or
  346  renovation is greater than or equal to the cost of replacement.
  347         Section 10. This act shall take effect July 1, 2023.