Bill Text: FL S1744 | 2019 | Regular Session | Introduced
Bill Title: Higher Education
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Education, companion bill(s) passed, see CS/SB 190 (Ch. 2019-103) [S1744 Detail]
Download: Florida-2019-S1744-Introduced.html
Florida Senate - 2019 SB 1744 By Senator Baxley 12-01475-19 20191744__ 1 A bill to be entitled 2 An act relating to higher education; amending s. 3 1001.706, F.S.; requiring the Board of Governors to 4 annually report on the intellectual freedom and 5 viewpoint diversity of each institution; requiring 6 institutions to annually conduct a survey of students, 7 faculty, and administrators which assesses specified 8 information; requiring the board to develop and 9 annually deliver a training program for trustees; 10 requiring trustees to participate in such a program 11 within a specified timeframe; providing requirements 12 of the program; expanding certain powers and duties 13 relating to accountability to any member of the 14 Cabinet, the presiding officers of the Legislature, a 15 chair of a substantive or appropriations committee 16 with jurisdiction, or a member of the board of 17 trustees of the institution for which an investigation 18 is sought; requiring the Office of the Inspector 19 General to investigate related allegations under 20 specified conditions; amending s. 1004.03, F.S.; 21 requiring the State Board of Education to establish 22 criteria for the review of new facilities and programs 23 at Florida College System institutions for certain 24 purposes; providing that new programs may not be 25 approved unless they meet certain requirements; 26 amending s. 1004.28, F.S.; making technical changes; 27 specifying that university boards of trustees must 28 annually report certain information to the 29 Legislature; amending s. 1004.70, F.S.; authorizing 30 the board of trustees to prescribe that a Florida 31 College System institution direct-support organization 32 must comply with a certain condition in order to use 33 certain services at such institutions; providing that 34 certain state appropriations to direct-support 35 organizations may be pledged only for capital 36 projects; requiring each board of trustees to annually 37 report to the Legislature certain information relating 38 to state appropriations transferred within a certain 39 timeframe to any direct-support organization; 40 prohibiting the board of trustees from transferring 41 any funds to any direct-support organization that does 42 not meet certain requirements; prohibiting the board 43 from permitting the use of state funds for travel 44 expenses by such organizations; prohibiting 45 organizations from giving any gift to a political 46 committee for any purpose; amending s. 1008.32, F.S.; 47 requiring the Commissioner of Education to report 48 certain findings to the State Board of Education; 49 requiring the board to require the district school 50 board or Florida College System institution board of 51 trustees to document compliance; amending s. 1008.322, 52 F.S.; requiring the Chancellor of the State University 53 System to report certain findings to the Board of 54 Governors; requiring the board to require a university 55 board of trustees to document compliance; amending s. 56 1011.45, F.S.; specifying that unexpended funds in a 57 university operating budget may be carried forward, 58 subject to Legislative approval; amending s. 1013.40, 59 F.S.; deleting a prohibition against Florida College 60 System institutions expending public funds for the 61 acquisition of additional property without specific 62 approval by the Legislature; prohibiting institutions 63 and direct-support organizations from constructing, 64 accepting, or purchasing property or facilities under 65 certain conditions; providing an exception; amending 66 s. 1013.78, F.S.; prohibiting universities and 67 university direct support organizations from 68 constructing, accepting, or purchasing property under 69 certain conditions; providing an exception; reenacting 70 s. 1010.09, F.S., relating to direct-support 71 organizations, to incorporate the amendment made to s. 72 1004.70, F.S., in a reference thereto; reenacting s. 73 1001.73(3), F.S., relating to a university board 74 empowered to act as trustee, to incorporate the 75 amendment made to s. 1013.78, F.S., in a reference 76 thereto; reenacting s. 1001.64(6), F.S., relating to 77 Florida College System institution boards of trustees 78 and related powers and duties, to incorporate the 79 amendment made to s. 1004.03, F.S., in a reference 80 thereto; providing an effective date. 81 82 Be It Enacted by the Legislature of the State of Florida: 83 84 Section 1. Paragraphs (j) and (k) are added to subsection 85 (3), and paragraph (f) is added to subsection (5) of section 86 1001.706, Florida Statutes, to read: 87 1001.706 Powers and duties of the Board of Governors.— 88 (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND 89 OPERATION OF STATE UNIVERSITIES.— 90 (j) The Board of Governors shall annually report, by 91 September 1 of each year, on the intellectual freedom and 92 viewpoint diversity of each institution through an objective, 93 nonpartisan, and statistically valid survey that enables 94 comparison among institutions over time. Each institution shall 95 conduct an annual survey of students, faculty, and 96 administrators which assesses the extent to which competing 97 ideas, perspectives, and claims of truth are presented and the 98 extent to which members of the university community feel safe 99 and supported in exploring and articulating their beliefs and 100 viewpoints on campus and in the classroom. 101 (k) The Board of Governors shall develop and annually 102 deliver a training program for trustees which addresses the role 103 of university boards of trustees in governing institutional 104 resources and protecting the public interest. Each trustee must 105 participate within 1 year of his or her appointment to a 106 university board. The program must include information on 107 trustee responsibilities relating to the following: 108 1. Meeting the statutory, regulatory, and fiduciary 109 obligations of the board; 110 2. Establishing internal process controls and 111 accountability mechanisms for the institution’s president and 112 other administrative officers; 113 3. Oversight of planning, construction, maintenance, 114 expansion, and renovation projects that impact the university’s 115 consolidated infrastructure, physical facilities, and natural 116 environment, including its lands, improvements, and capital 117 equipment; 118 4. Establishing policies that promote college 119 affordability, including ensuring that the costs of university 120 fees, textbooks, and instructional materials are minimized 121 whenever possible; 122 5. Creating and implementing institutionwide rules and 123 regulations; 124 6. Upholding institutional ethics and avoiding conflicts of 125 interest; 126 7. Following best practices for board governance; 127 8. Addressing current national and state issues in higher 128 education; and 129 9. Considering any other information that the Board of 130 Governors deems necessary or appropriate. 131 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— 132 (f) If the Board of Governors, any member of the Cabinet, 133 the presiding officer of either house of the Legislature, a 134 chair of a substantive or of an appropriations committee with 135 jurisdiction, or a member of the board of trustees of the 136 institution for which an investigation is sought determines that 137 a state university board of trustees is unwilling or unable to 138 address substantiated allegations made by any person relating to 139 waste, fraud, or financial mismanagement at the state 140 university, the Office of the Inspector General shall 141 investigate such allegations. 142 Section 2. Section 1004.03, Florida Statutes, is amended to 143 read: 144 1004.03 Program approval.— 145 (1) The Board of Governors shall establish criteria for the 146 review and approval of proposed new programs at state 147 universities to ensure the well-planned development, 148 coordination, and operation of the State University System and 149 to avoid wasteful duplication of facilities or programs. The 150 Board of Governors shall submit an annual report to the 151 President of the Senate, the Speaker of the House of 152 Representatives, and the Governor listing the reviews conducted 153 and the results of each review. 154 (2) The State Board of Education shall establish criteria 155 for the review and approval of new facilities and programs at 156 Florida College System institutions to ensure the well-planned 157 development, coordination, and operation of the Florida College 158 System and to avoid duplication of facilities or programs.,159which criteria include, but are not limited to, the following:160(a)New programs may not be approved unless they are 161 consistent with the state master plan adopted by the State Board 162 of Education and are sufficiently different from existing 163 programs, or unless access to existing programs is sufficiently 164 limited to warrant initiation of a new program. The proposal 165 must include an explanation supporting the conclusion that it is 166 more cost effective or otherwise in the best interest of the 167 state to initiate a new program rather than meet the demandthe168sameobjectives cannot be metthrough the use of educational 169 technology or collaboration with other institutions. 170(b)Unnecessary duplication of programs offered by171independent institutions shall be avoided.172(c)Cooperative programs, particularly within regions,173should be encouraged.174(d)New programs may be approved only if they are175consistent with the state master plan adopted by the State Board176of Education.177 Section 3. Paragraph (b) of subsection (2) of section 178 1004.28, Florida Statutes, is amended to read: 179 1004.28 Direct-support organizations; use of property; 180 board of directors; activities; audit; facilities.— 181 (2) USE OF PROPERTY.— 182 (b) The board of trustees, in accordance with regulations 183 and guidelines of the Board of Governors, shall prescribe by 184 regulation conditions with which a university direct-support 185 organization must comply in order to use property, facilities, 186 or personal services at any state university, including that 187 personal services must comply with s. 1012.976. Such regulations 188 shall provide for budget and audit review and oversight by the 189 board of trustees, including thresholds for approval of 190 purchases, acquisitions, projects, and issuance of debt. 191 BeginningNo later thanJuly 1, 2019, the transfer of a state 192 appropriation by the board of trustees to any direct-support 193 organization mayonlyinclude only funds pledged for capital 194 projects.Beginning July 1, 2019, and annually thereafter,Each 195 university board of trustees shall report annually to the 196 Legislature the amount of state appropriations transferred to 197 any direct-support organization during the previous fiscal year, 198 the purpose for which the funds were transferred, and the 199 remaining balance of any funds transferred. 200 Section 4. Subsection (3) and paragraph (d) of subsection 201 (4) of section 1004.70, Florida Statutes, are amended to read: 202 1004.70 Florida College System institution direct-support 203 organizations.— 204 (3) USE OF PROPERTY.— 205 (a) The board of trustees is authorized to permit the use 206 of property, facilities, and personal services at any Florida 207 College System institution by any Florida College System 208 institution direct-support organization, subject to the 209 provisions of this section. 210 (b) The board of trustees is authorized to prescribe by 211 rule any condition with which a Florida College System 212 institution direct-support organization must comply in order to 213 use property, facilities, or personal services at any Florida 214 College System institution, including a condition that personal 215 services must comply with s. 1012.976. Such rules must provide 216 for budget and audit review and oversight by the board of 217 trustees, including thresholds for approval of purchases, 218 acquisitions, projects, and issuance of debt. Beginning July 1, 219 2019, the transfer of a state appropriation by the board of 220 trustees to any direct-support organization with a fund balance 221 of greater than $50 million may include only funds pledged for 222 capital projects. Each Florida College System institution board 223 of trustees shall report annually to the Legislature the amount 224 of state appropriations transferred to any direct-support 225 organization during the previous fiscal year, the purpose for 226 which the funds were transferred, and the remaining balance of 227 any funds transferred. 228 (c) The board of trustees may not transfer any funds to, 229 and may not permit the use of property, facilities, or personal 230 services at any Florida College System institution by, any 231 Florida College System institution direct-support organization 232 that does not provide equal employment opportunities to all 233 persons regardless of race, color, national origin, gender, age, 234 or religion. 235 (d) The board of trustees may not permit the use of state 236 funds for travel expenses by any Florida College System 237 institution direct-support organization. 238 (4) ACTIVITIES; RESTRICTIONS.— 239 (d) A Florida College System institution direct-support 240 organization is prohibited from giving, either directly or 241 indirectly, any gift to a political committee as defined in s. 242 106.011 for any purposeother than those certified by a majority243roll call vote of the governing board of the direct-support244organization at a regularly scheduled meeting as being directly245related to the educational mission of the Florida College System246institution. 247 Section 5. Subsection (2) of section 1008.32, Florida 248 Statutes, is amended to read: 249 1008.32 State Board of Education oversight enforcement 250 authority.—The State Board of Education shall oversee the 251 performance of district school boards and Florida College System 252 institution boards of trustees in enforcement of all laws and 253 rules. District school boards and Florida College System 254 institution boards of trustees shall be primarily responsible 255 for compliance with law and state board rule. 256 (2)(a) The Commissioner of Education may investigate 257 allegations of noncompliance with law or state board rule and 258 determine probable cause. The commissioner shall report 259 determinations of probable cause to the State Board of Education 260 which shall require the district school board or Florida College 261 System institution board of trustees to document compliance with 262 law or state board rule. 263 (b) The Commissioner of Education shall report to the State 264 Board of Education any findings by the Auditor General that a 265 district school board or Florida College System institution is 266 acting without statutory authority or contrary to state law. The 267 State Board of Education shall require the district school board 268 or Florida College System institution board of trustees to 269 document compliance with the law. 270 Section 6. Subsection (3) of section 1008.322, Florida 271 Statutes, is amended to read: 272 1008.322 Board of Governors oversight enforcement 273 authority.— 274 (3)(a) The Chancellor of the State University System may 275 investigate allegations of noncompliance with any law or Board 276 of Governors’ rule or regulation and determine probable cause. 277 The chancellor shall report determinations of probable cause to 278 the Board of Governors, which may require the university board 279 of trustees to document compliance with the law or Board of 280 Governors’ rule or regulation. 281 (b) The Chancellor of the State University System shall 282 report to the Board of Governors any findings by the Auditor 283 General that a university is acting without statutory authority 284 or contrary to state law. The Board of Governors shall require 285 the university board of trustees to document compliance with the 286 law. 287 Section 7. Section 1011.45, Florida Statutes, is amended to 288 read: 289 1011.45 End of year balance of funds.—Unexpended amounts in 290 any fund in a university current year operating budget shall be 291 carried forward and included as the balance forward for that 292 fund in the approved operating budget for the following year, 293 subject to Legislative approval. 294 Section 8. Section 1013.40, Florida Statutes, is amended to 295 read: 296 1013.40 Planning and construction of Florida College System 297 institution facilities; property acquisition.— 298 (1) The need for Florida College System institution 299 facilities shall be established by a survey conducted pursuant 300 to this chapter. The facilities recommended by such survey must 301 be approved by the State Board of Education, and the projects 302 must be constructed according to the provisions of this chapter 303 and State Board of Education rules. 304 (2) ANoFlorida College System institutionmay expend305public funds for the acquisition of additional property without306the specific approval of the Legislature.307(3)No facility may be acquired or constructed by a Florida308College System institutionor its direct-support organization 309 may not construct, accept, or purchase property or facilities if 310such facility requiresgeneral revenue funds will be required 311 for operation or maintenance upon project completion or in 312 subsequent years of operation, unless prior approval is granted 313 byreceived fromthe Legislature, based upon a determination 314 that sufficient operation and maintenance funds are available 315 for the useful life of the facility. 316 Section 9. Section 1013.78, Florida Statutes, is amended to 317 read: 318 1013.78 Approval required for certain university-related 319 facility acquisitions.— 320 (1) ANouniversity or university direct-support 321 organization may notshallconstruct, accept, or purchase 322 property or facilities if general revenuefor which the state323will be asked for operatingfunds will be required for operation 324 or maintenance upon project completion or in subsequent years of 325 operation, unlessthere has beenprior approval isfor326construction or acquisitiongranted by the Legislature, based 327 upon a determination that sufficient operation and maintenance 328 funds are available for the useful life of the facility. 329 (2) Legislative approval shall not be required for 330 renovations, remodeling, replacement of existing facilities, or 331 construction of minor projects as defined in s. 1013.64, except 332 to the extent required pursuant to s. 1010.62. 333 Section 10. For the purpose of incorporating the amendment 334 made by this act to section 1004.70, Florida Statutes, in a 335 reference thereto, section 1010.09, Florida Statutes, is 336 reenacted to read: 337 1010.09 Direct-support organizations.— 338 (1) School district and Florida College System institution 339 direct-support organizations shall be organized and conducted 340 under the provisions of ss. 1001.453 and 1004.70 and rules of 341 the State Board of Education, as applicable. 342 (2) State university direct-support organizations shall be 343 organized and conducted under the provisions of s. 1004.28 and 344 rules of the Board of Governors, as applicable. 345 Section 11. For the purpose of incorporating the amendment 346 made by this act to section 1013.78, Florida Statutes, in a 347 reference thereto, subsection (3) of section 1001.73, Florida 348 Statutes, is reenacted to read: 349 1001.73 University board empowered to act as trustee.— 350 (3) Nothing herein shall be construed to authorize a 351 university board of trustees to contract a debt on behalf of, or 352 in any way to obligate, the state; and the satisfaction of any 353 debt or obligation incurred by the university board as trustee 354 under the provisions of this section shall be exclusively from 355 the trust property, mortgaged or encumbered; and nothing herein 356 shall in any manner affect or relate to the provisions of s. 357 1013.78; and any mortgage, lease, or other agreement entered 358 into pursuant to this section is subject to the provisions of s. 359 1010.62. 360 Section 12. For the purpose of incorporating the amendment 361 made by this act to section 1004.03, Florida Statutes, in a 362 reference thereto, subsection (6) of section 1001.64, Florida 363 Statutes, is reenacted to read: 364 1001.64 Florida College System institution boards of 365 trustees; powers and duties.— 366 (6) Each board of trustees has responsibility for the 367 establishment and discontinuance of program and course offerings 368 in accordance with law and rule; provision for instructional and 369 noninstructional community services, location of classes, and 370 services provided; and dissemination of information concerning 371 such programs and services. New programs must be approved 372 pursuant to s. 1004.03. 373 Section 13. This act shall take effect July 1, 2019.