The Florida Senate

240.522  Establishment of university in Southwest Florida.--

(1)  There is hereby established in Southwest Florida the 10th university of the State University System of Florida. The Board of Regents shall take all actions necessary to implement the establishment of the university in Southwest Florida, including any transfer of positions and resources. The establishment of a foundation with status as a direct-support organization and the acquisition and donation of lands, buildings, and equipment for the purpose of establishing the university in Southwest Florida are hereby authorized and shall be deemed for a public purpose. The Board of Regents is authorized to serve in lieu of the president as prescribed in s. 240.299.

(2)  For purposes of this section, Southwest Florida is defined as Charlotte, Collier, Glades, Hendry, and Lee Counties.

(3)

(a)  Upon appropriation by the Legislature of funds for the new university in Southwest Florida, the Southwest Florida Site Selection Committee is established to advise the Board of Regents on all matters relating to site selection for the new university in Southwest Florida. The committee shall be composed of the Chair of the Board of Regents or his or her designee and eight members appointed by the Governor as follows: three members from Lee County; two members from Collier County; two members from Charlotte County; and one member from either Hendry or Glades Counties, representing the interest of both counties. The Chair of the Board of Regents shall serve as the chair of the committee. Members of the committee shall not be provided with per diem or compensation. Members of the site selection committee shall be appointed within 1 month of May 3, 1991. Within 2 weeks of the appointment of its members, the site selection committee shall hold its first meeting, organize itself, and begin to address the issues set forth in this section. The site selection committee shall meet at least once a month, or more often as appropriate. The Board of Regents shall use existing resources to staff the site selection committee.

(b)  The Southwest Florida Regional Planning Council shall assist the site selection committee in determining the most feasible site. The Southwest Florida Regional Planning Council shall provide to the site selection committee a report on each site which considers:

1.  Whether, and the extent to which, the site will serve the existing and forecasted future population of the area, consistent with any recommendations of the Postsecondary Education Planning Commission.

2.  Whether, and the extent to which, the site is likely to contain species listed by the Game and Fresh Water Fish Commission, and whether impacts are mitigable.

3.  Whether, and the extent to which, the site can be developed consistent with the regulations of the appropriate water management district.

4.  Whether, and the extent to which, the site furthers the employment and job training programs of the ¹Department of Commerce and Department of Labor and Employment Security.

5.  Whether, and the extent to which, the site has transportation impacts which can be mitigated by the Department of Transportation and appropriate metropolitan planning organization planning programs.

6.  Whether, and the extent to which, the site can be initially deemed consistent with the State Comprehensive Plan, the appropriate regional policy plan, and the local comprehensive plan of jurisdiction.

7.  Whether, and the general extent to which, the area housing market can provide for the needs of students and whether there will be a demand for onsite housing.

This report shall compare the advantages of each site in contrast to each other, based on the criteria specified in this paragraph as well as other criteria described by the committee. Council costs for this report may be considered part of the cost of the site selection.

(c)  In reviewing alternative sites, the committee shall:

1.  Consider and compare the cost of acquisition and development of alternative sites, with special consideration given to sites which are to be donated as opposed to purchased.

2.  Consider the long-term benefits of alternative sites.

3.  Consider the infrastructure costs of alternative sites.

4.  Consider the willingness of local governments to waive impact fees and otherwise cooperate with the development of the new university.

5.  Work with cities to explore coordination with urban renewal or redevelopment plans.

6.  Consider the impact of local comprehensive plans on the proposed development of alternative sites.

7.  Assess the need for a development of regional impact or the eligibility of the proposed development to qualify under an existing development of regional impact.

(d)  Local governments shall cooperate with the committee in determining the feasibility of alternative proposed sites and in determining the availability of funding from government and private sources to offset fees and other costs associated with the development of a university in Southwest Florida.

(e)  The committee shall recommend a site or alternative sites, within the region designated by the Legislature, to the Board of Regents by January 1, 1992. The Board of Regents shall, within 2 months of the recommendation by the site selection committee, approve a proposed site for acquisition. Upon approval of the proposed site, the Board of Regents shall begin immediate negotiations to acquire and receive property. The Board of Regents shall recommend additional funds for planning, acquisition, construction, and operations related to the new university, as appropriate to provide for the orderly development of the university. The committee may use funds appropriated for site selection or planning to defray the cost of site selection.

(4)  Upon certification by the Board of Regents of a direct-support organization to serve as the foundation of the state university in Southwest Florida, the Board of Regents, in conjunction with the University of South Florida Foundation, shall develop and implement a plan to transfer to the new foundation assets derived from donations intended for the enhancement of the Ft. Myers branch of the University of South Florida.

(5)  By December 1, 1992, the Board of Regents shall complete a 10-year plan for the development and expansion of the new university in Southwest Florida. The plan shall provide for:

(a)  The transition of responsibility for state university programs in Southwest Florida from the Ft. Myers branch of the University of South Florida to the new university.

(b)  The orderly and timely evolution of programs at the Ft. Myers branch of the University of South Florida into the program offerings of the new university.

(c)  The development of new academic programs consistent with the master plan for the 10th state university in Southwest Florida.

For the duration of the period of transition, the Board of Regents shall separately identify the assigned enrollment and the allocation of resources appropriated in response to enrollment at the Ft. Myers branch of the University of South Florida.

History.--s. 1, ch. 91-55; s. 26, ch. 92-321; s. 73, ch. 95-148.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.