Bill Text: FL S1786 | 2010 | Regular Session | Comm Sub
Bill Title: Postsecondary Education [SPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Read 2nd time -SJ 00903; Amendment(s) adopted (611744, 369372) -SJ 00904; Substituted HB 7237 -SJ 00904; Laid on Table, companion bill(s) passed, see HB 7237 (Ch. 2010-78) -SJ 00904 [S1786 Detail]
Download: Florida-2010-S1786-Comm_Sub.html
Florida Senate - 2010 CS for CS for SB 1786 By the Policy and Steering Committee on Ways and Means; the Committee on Higher Education; and Senators Oelrich and Lynn 576-05325-10 20101786c2 1 A bill to be entitled 2 An act relating to postsecondary education; amending 3 s. 110.181, F.S.; conforming a cross-reference to 4 changes made by the act; amending ss. 112.19 and 5 112.191, F.S.; requiring the Board of Governors of the 6 State University System to adopt regulations rather 7 than rules to implement certain educational benefits; 8 amending s. 120.81, F.S.; providing that state 9 universities are not required to file certain 10 documents with the Administrative Procedures 11 Committee; amending s. 282.0041, F.S.; revising 12 definitions relating to information technology 13 services to conform to changes made by the act; 14 amending s. 282.703, F.S.; revising provisions 15 relating to the participation of state universities in 16 the SUNCOM Network; amending s. 282.706, F.S.; 17 revising provisions relating to the use of the SUNCOM 18 Network by state university libraries; amending s. 19 287.064, F.S.; conforming a cross-reference to changes 20 made by the act; amending s. 1000.05, F.S.; requiring 21 the Board of Governors to adopt regulations rather 22 than rules relating to discrimination; amending s. 23 1001.705, F.S.; revising provisions relating to 24 responsibility for the State University System under 25 the State Constitution; deleting legislative findings 26 and intent; providing the constitutional duties of the 27 Board of Governors; providing the constitutional 28 duties of the Legislature; deleting a duty relating to 29 the participation of state universities in the SUNCOM 30 Network; amending s. 1001.706, F.S.; revising powers 31 and duties of the Board of Governors; providing that 32 the Board of Governors has the authority to regulate 33 the State University System and may adopt a regulation 34 development procedure for the board and university 35 boards of trustees to use in implementing their 36 constitutional duties and responsibilities; 37 authorizing the Board of Governors or its designee to 38 adopt regulations; providing requirements for the 39 regulation development procedure; providing 40 requirements for judicial review of certain 41 challenges; revising the Board of Governors’ powers 42 and duties relating to accountability and personnel; 43 providing legislative intent that the Board of 44 Governors align the missions of universities with 45 certain factors; providing requirements for a mission 46 alignment and strategic plan; affording opportunities 47 to certain universities; amending s. 1001.72, F.S.; 48 providing that the board of trustees is the 49 university’s contracting agent; creating s. 1004.015, 50 F.S.; creating the Higher Education Coordinating 51 Council; providing for membership; providing guiding 52 principles for council recommendations to the 53 Legislature, State Board of Education, and Board of 54 Governors; amending s. 1004.03, F.S.; revising 55 provisions relating to review and approval of new 56 programs at state universities by the Board of 57 Governors; requiring an annual report of the review of 58 proposed new programs; eliminating the requirement 59 that certain programs be approved by the Legislature; 60 amending s. 1004.07, F.S.; requiring the Board of 61 Governors to adopt regulations rather than rules 62 relating to student withdrawal from courses due to 63 military service; amending s. 1006.54, F.S.; requiring 64 university boards of trustees to adopt regulations 65 rather than rules relating to documents distributed to 66 libraries; amending s. 1006.60, F.S.; revising 67 provisions relating to state university codes of 68 conduct to authorize the adoption of regulations 69 rather than rules; amending s. 1006.65, F.S.; 70 requiring the Board of Governors to adopt regulations 71 rather than rules relating to safety issues in courses 72 offered by state universities; amending ss. 1007.264 73 and 1007.265, F.S.; requiring the Board of Governors 74 to adopt regulations rather than rules relating to 75 admission and graduation requirements for students 76 with disabilities; amending s. 1009.24, F.S.; 77 reorganizing certain provisions of law relating to 78 state university student fees; authorizing the Board 79 of Governors to approve flexible tuition policies 80 requested by a university board of trustees; providing 81 that certain fees be based on reasonable costs of 82 services and used for certain purposes; authorizing 83 the Board of Governors to approve a proposal from a 84 university board of trustees to establish a new 85 student fee, increase the cap for an existing fee, or 86 implement flexible tuition policies; providing 87 guidelines for review of proposals; requiring an 88 annual report; prohibiting certain fees from exceeding 89 a specified amount, being included in certain 90 scholarship awards, and being used for certain 91 purposes; requiring a fee committee to make 92 recommendations relating to a new fee; providing 93 restrictions on fee increases; requiring the Board of 94 Governors to adopt regulations; amending s. 1009.26, 95 F.S.; requiring the Board of Governors to adopt 96 regulations rather than rules relating to fee waivers; 97 amending s. 1010.04, F.S.; providing that the Board of 98 Governors shall adopt regulations rather than rules 99 for purchases and leases; amending s. 1010.62, F.S.; 100 defining the term “auxiliary enterprise” for purposes 101 of revenue bonds and debt; amending s. 1011.43, F.S.; 102 requiring university boards of trustees to adopt 103 regulations rather than rules for administration of 104 certain scholarships and loans; amending s. 1011.90, 105 F.S.; revising provisions relating to management 106 information maintained by the Board of Governors; 107 amending s. 1013.02, F.S.; requiring the Board of 108 Governors to adopt regulations rather than rules to 109 implement provisions of law relating to educational 110 facilities; amending s. 1013.10, F.S.; providing for 111 university board of trustee regulations for the use of 112 educational buildings and grounds; amending ss. 113 1013.12 and 1013.28, F.S.; requiring the Board of 114 Governors to adopt regulations rather than rules 115 relating to firesafety inspections and disposal of 116 real property; amending s. 1013.30, F.S.; requiring 117 the Board of Governors to adopt regulations rather 118 than rules relating to university campus master plans; 119 amending s. 1013.31, F.S.; requiring the Board of 120 Governors to adopt regulations rather than rules for 121 determining facility space needs; amending s. 1013.47, 122 F.S.; requiring the Board of Governors to adopt 123 regulations rather than rules relating to building 124 standards; amending s. 1013.74, F.S.; authorizing the 125 Board of Governors to adopt regulations rather than 126 rules relating to authorization for fixed capital 127 outlay projects; repealing s. 1001.74, F.S., relating 128 to powers and duties of university boards of trustees; 129 repealing s. 1004.21, F.S., relating to general 130 provisions for state universities; repealing s. 131 1004.22(13), F.S., relating to rulemaking by a 132 university board of trustees with respect to divisions 133 of sponsored research; repealing s. 1004.38, F.S., 134 relating to the master of science program in speech 135 language pathology at Florida International 136 University; repealing s. 1004.381, F.S., relating to 137 the bachelor of science nursing degree program at the 138 University of West Florida; repealing s. 1004.3811, 139 F.S., relating to the master of science degree 140 programs in nursing and social work at the University 141 of West Florida; repealing s. 1004.382, F.S., relating 142 to the master’s in social work program at Florida 143 Atlantic University; repealing s. 1004.383, F.S., 144 relating to a chiropractic medicine degree program at 145 Florida State University; repealing s. 1004.386, F.S., 146 relating to a bachelor of science degree program in 147 long-term care administration at Florida Gulf Coast 148 University; repealing s. 1004.64, F.S., relating to 149 the School of Engineering at Florida Gulf Coast 150 University and specified bachelor’s degrees; providing 151 legislative intent for the repeal of certain sections; 152 requiring each state university to identify and submit 153 to the Board of Governors a list of certain rules that 154 have been superseded by regulations; providing for 155 submission of such rules and certain rules of the 156 Board of Governors to the Department of State; 157 authorizing the Department of State to remove rules 158 from the Florida Administrative Code; providing an 159 effective date. 160 161 Be It Enacted by the Legislature of the State of Florida: 162 163 Section 1. Subsection (5) of section 110.181, Florida 164 Statutes, is amended to read: 165 110.181 Florida State Employees’ Charitable Campaign.— 166 (5) PARTICIPATION OF STATE UNIVERSITIES.—Each university 167 may elect to participate in the Florida State Employees’ 168 Charitable Campaign, upon timely notice to the department. Each 169 university may also conduct annual charitable fundraising drives 170 for employees under the authority granted in s.ss.1001.706and1711001.74. 172 Section 2. Subsection (5) of section 112.19, Florida 173 Statutes, is amended to read: 174 112.19 Law enforcement, correctional, and correctional 175 probation officers; death benefits.— 176 (5) The State Board of Educationor the Board of Governors,177as appropriate,shall adopt rules and procedures, and the Board 178 of Governors shall adopt regulations and procedures, as are 179 appropriate and necessary to implement the educational benefits 180 provisions of this section. 181 Section 3. Subsection (5) of section 112.191, Florida 182 Statutes, is amended to read: 183 112.191 Firefighters; death benefits.— 184 (5) The State Board of Educationor the Board of Governors,185as appropriate,shall adopt rules and procedures, and the Board 186 of Governors shall adopt regulations and procedures, as are 187 appropriate and necessary to implement the educational benefits 188 provisions of this section. 189 Section 4. Paragraph (e) of subsection (1) of section 190 120.81, Florida Statutes, is amended to read: 191 120.81 Exceptions and special requirements; general areas.— 192 (1) EDUCATIONAL UNITS.— 193 (e) Educational units, other thanthe state universities194andthe Florida School for the Deaf and the Blind, shall not be 195 required to make filings with the committee of the documents 196 required to be filed by s. 120.54 or s. 120.55(1)(a)4. 197 Section 5. Subsections (1) and (26) of section 282.0041, 198 Florida Statutes, are amended to read: 199 282.0041 Definitions.—As used in this chapter, the term: 200 (1) “Agency” has the same meaning as in s. 216.011(1)(qq), 201 except that for purposes of this chapter, “agency” does not 202 include university boards of trustees or state universities. 203 (26) “Total cost” means all costs associated with 204 information technology projects or initiatives, including, but 205 not limited to, value of hardware, software, service, 206 maintenance, incremental personnel, and facilities. Total cost 207 of a loan or gift of information technology resources to an 208 agency includes the fair market value of the resources; however,209the total cost of loans or gifts of information technology to210state universities to be used in instruction or research does211not include fair market value. 212 Section 6. Subsections (1) and (3) of section 282.703, 213 Florida Statutes, are amended, and subsection (4) is added to 214 that section, to read: 215 282.703 SUNCOM Network; exemptions from the required use.— 216 (1) There is created within the department the SUNCOM 217 Network, which shall be developed to serve as the state 218 communications system for providing local and long-distance 219 communications services to state agencies, political 220 subdivisions of the state, municipalities,state universities,221 and nonprofit corporations pursuant to this part. The SUNCOM 222 Network shall be developed to transmit all types of 223 communications signals, including, but not limited to, voice, 224 data, video, image, and radio. State agencies shall cooperate 225 and assist in the development and joint use of communications 226 systems and services. 227 (3) All state agenciesand state universitiesshall use the 228 SUNCOM Network for agencyand state universitycommunications 229 services as the services become available; however, no agencyor230universityis relieved of responsibility for maintaining 231 communications services necessary for effective management of 232 its programs and functions. The department may provide such 233 communications services to a state university if requested by 234 the university. If a SUNCOM Network service does not meet the 235 communications requirements of an agencyor university, the 236 agencyor universityshall notify the department in writing and 237 detail the requirements for that communications service. If the 238 department is unable to meet an agency’sor university’s239 requirements by enhancing SUNCOM Network service, the department 240 may grant the agencyor universityan exemption from the 241 required use of specified SUNCOM Network services. 242 (4) This section may not be construed to require a state 243 university to use SUNCOM Network communication services. 244 Section 7. Section 282.706, Florida Statutes, is amended to 245 read: 246 282.706 Use of SUNCOM Network by libraries.—The department 247 may provide SUNCOM Network services to any library in the state, 248 including libraries in public schools, community colleges, state 249 universities, and nonprofit private postsecondary educational 250 institutions, and libraries owned and operated by municipalities 251 and political subdivisions. This section may not be construed to 252 require a state university library to use SUNCOM Network 253 services. 254 Section 8. Subsection (1) of section 287.064, Florida 255 Statutes, is amended to read: 256 287.064 Consolidated financing of deferred-payment 257 purchases.— 258 (1) The Division of Bond Finance of the State Board of 259 Administration and the Chief Financial Officer shall plan and 260 coordinate deferred-payment purchases made by or on behalf of 261 the state or its agencies or by or on behalf of state 262 universities or state community colleges participating under 263 this section pursuant to s. 1001.706(7)s.1001.74(6)or s. 264 1001.64(26), respectively. The Division of Bond Finance shall 265 negotiate and the Chief Financial Officer shall execute 266 agreements and contracts to establish master equipment financing 267 agreements for consolidated financing of deferred-payment, 268 installment sale, or lease purchases with a financial 269 institution or a consortium of financial institutions. As used 270 in this act, the term “deferred-payment” includes installment 271 sale and lease-purchase. 272 (a) The period during which equipment may be acquired under 273 any one master equipment financing agreement shall be limited to 274 not more than 3 years. 275 (b) Repayment of the whole or a part of the funds drawn 276 pursuant to the master equipment financing agreement may 277 continue beyond the period established pursuant to paragraph 278 (a). 279 (c) The interest rate component of any master equipment 280 financing agreement shall be deemed to comply with the interest 281 rate limitation imposed in s. 287.063 so long as the interest 282 rate component of every interagency, state university, or 283 community college agreement entered into under such master 284 equipment financing agreement complies with the interest rate 285 limitation imposed in s. 287.063. Such interest rate limitation 286 does not apply when the payment obligation under the master 287 equipment financing agreement is rated by a nationally 288 recognized rating service in any one of the three highest 289 classifications, which rating services and classifications are 290 determined pursuant to rules adopted by the Chief Financial 291 Officer. 292 Section 9. Paragraph (b) of subsection (5) of section 293 1000.05, Florida Statutes, is amended to read: 294 1000.05 Discrimination against students and employees in 295 the Florida K-20 public education system prohibited; equality of 296 access required.— 297 (5) 298 (b) The Board of Governors shall adopt regulationsrulesto 299 implement this section as it relates to state universities. 300 Section 10. Section 1001.705, Florida Statutes, is amended 301 to read: 302 1001.705 Responsibility for the State University System 303 under s. 7, Art. IX of the State Constitution; legislative304finding and intent.— 305(1) LEGISLATIVE FINDINGS.—306 (1)(a)DEFINITIONS.—For purposes of this act, the term: 307 (a)1.“Board of Governors” as it relates to the State 308 University System and as used in s. 7, Art. IX of the State 309 Constitution and Title XLVIII and other sections of the Florida 310 Statutes is the Board of Governors of the State University 311 System which belongs to and is part of the executive branch of 312 state government. 313 (b)2.“Institutions of higher learning” as used in the 314 State Constitution and the Florida Statutes includes publicly 315 funded state universities. 316 (c)3.“Public officer” as used in the Florida Statutes 317 includes members of the Board of Governors. 318 (d)4.“State university” or “state universities” as used in 319 the State Constitution and the Florida Statutes are agencies of 320 the state which belong to and are part of the executive branch 321 of state government. This definition of state universities as 322 state agencies is only for the purposes of the delineation of 323 constitutional lines of authority. Statutory exemptions for 324 state universities from statutory provisions relating to state 325 agencies that are in effect on the effective date of this act 326 remain in effect and are not repealed by virtue of this 327 definition of state universities. 328 (2)(b)CONSTITUTIONAL DUTIES OF THE BOARD OF GOVERNORS OF 329 THE STATE UNIVERSITY SYSTEM.—In accordance with s. 7, Art. IX of 330 the State Constitution, the Board of Governors of the State 331 University System has the duty to operate, regulate, control, 332 and be fully responsible for the management of the whole 333 publicly funded State University System and the board, or the 334 board’s designee, has responsibility for: 335 (a)1.Defining the distinctive mission of each constituent 336 university. 337 (b)2.Defining the articulation of each constituent 338 university in conjunction with the Legislature’s authority over 339 the public schools and community colleges. 340 (c)3.Ensuring the well-planned coordination and operation 341 of the State University System. 342 (d)4.Avoiding wasteful duplication of facilities or 343 programs within the State University System. 344 (e)5.Accounting for expenditure of funds appropriated by 345 the Legislature for the State University System as provided by 346 law. 347 (f)6.Submitting a budget request for legislative 348 appropriations for the institutions under the supervision of the 349 board as provided by law. 350 (g)7.Adopting strategic plans for the State University 351 System and each constituent university. 352 (h)8.Approving, reviewing, and terminating degree programs 353 of the State University System. 354 (i)9.Governing admissions to the state universities. 355 (j)10.Serving as the public employer to all public 356 employees of state universities for collective bargaining 357 purposes. 358 (k)11.Establishing a personnel system for all state 359 university employees; however, the Department of Management 360 Services shall retain authority over state university employees 361 for programs established in ss. 110.123, 110.1232, 110.1234, 362 110.1238, and 110.161, and in chapters 121, 122, and 238. 363 (l)12.Complying with, and enforcing for institutions under 364 the board’s jurisdiction, all applicable local, state, and 365 federal laws. 366 (3)(c)CONSTITUTIONAL DUTIES OF THE LEGISLATURE.—In 367 accordance with s. 3, Art. II of the State Constitution, which 368 establishes the separation of powers of three branches of 369 government; s. 1, Art. III of the State Constitution, which 370 vests the legislative power of the state in the Legislature; s. 371 8, Art. III of the State Constitution, which provides the 372 exclusive executive veto power of the Governor and the exclusive 373 veto override power of the Legislature; s. 19, Art. III of the 374 State Constitution, which requires the Legislature to enact 375 state planning and budget processes and requirements for budget 376 requests by general law; s. 1, Art. VII of the State 377 Constitution, which requires that the authority to expend state 378 funds be by general law enacted by the Legislature; and s. 1, 379 Art. IX of the State Constitution, which requires the 380 Legislature to make adequate provision by law for the 381 “establishment, maintenance, and operation of institutions of 382 higher learning,” the Legislature has the following 383 responsibilities: 384 (a)1.Making provision by law for the establishment, 385 maintenance, and operation of institutions of higher learning 386 and other public education programs that the needs of the people 387 may require. 388 (b)2.Appropriating all state funds through the General 389 Appropriations Act or other law. 390 (c)3.Establishing tuition and fees. 391 (d)4.Establishing policies relating to merit and need 392 based student financial aid. 393 (e)5.Establishing policies relating to expenditure of, 394 accountability for, and management of funds appropriated by the 395 Legislature or revenues authorized by the Legislature. This 396 includes, but is not limited to, policies relating to: 397 budgeting; deposit of funds; investments; accounting; 398 purchasing, procurement, and contracting; insurance; audits; 399 maintenance and construction of facilities; property; bond 400 financing; leasing; and information reporting. 401 (f)6.Maintaining the actuarial and fiscal soundness of 402 centrally administered state systems by requiring state 403 universities to continue to participate in programs such as the 404 Florida Retirement System, the state group health insurance 405 programs,the state telecommunications and data network406(SUNCOM),and the state casualty insurance program. 407 (g)7.Establishing and regulating the use of state powers 408 and protections, including, but not limited to, eminent domain, 409 certified law enforcement, and sovereign immunity. 410 (h)8.Establishing policies relating to the health, safety, 411 and welfare of students, employees, and the public while present 412 on the campuses of institutions of higher learning. 413(2) LEGISLATIVE INTENT.—It is the intent of the Legislature414to reenact laws relating to the Board of Governors of the State415University System, the university boards of trustees, the State416Board of Education, and the postsecondary education system in417accordance with the findings of this act.418 Section 11. Section 1001.706, Florida Statutes, is amended 419 to read: 420 1001.706 Powers and duties of the Board of Governors.— 421 (1) GENERAL PROVISIONS.— 422(a)For each constituent university, the Board of 423 Governors, or the board’s designee, shall be responsible for 424 cost-effective policy decisions appropriate to the university’s 425 mission, the implementation and maintenance of high-quality 426 education programs within law, the measurement of performance, 427 the reporting of information, and the provision of input 428 regarding state policy, budgeting, and education standards. 429 (2) REGULATORY AUTHORITY.— 430 (a) Pursuant to s. 7, Art. IX of the State Constitution, 431 the Board of Governors has the authority to regulate the State 432 University System and may adopt a regulation development 433 procedure for the Board of Governors and the university boards 434 of trustees to use in implementing their constitutional duties 435 and responsibilities. 436 (b) The Board of Governors shall be subject to the 437 provisions ofadopt rules pursuant tochapter 120 when acting 438 pursuant to statutory authority derived from the Legislature, 439 except that.the Board of Governors may adopt regulations if 440 expressly authorized or required by lawrules pursuant to441chapter 120 when exercising the powers, duties, and authority442granted by s. 7, Art. IX of the State Constitution. Such 443 regulations must be adopted pursuant to a development procedure 444 that complies with paragraph (c). If the Board of Governors 445 delegates a power or duty to a university board of trustees as 446 the designee, the authority to adopt rules or regulations is 447 included in the delegation. If the Board of Governors delegates 448 a statutory power or duty to a university board of trustees, the 449 university board of trustees shall be subject to the provisions 450 of chapter 120 but may adopt regulations to the same extent as 451 the Board of Governors under this subsection. 452 (c) The development procedure for regulations authorized or 453 required by law must provide for notice to the public of, and an 454 opportunity for public comment on, the proposed adoption, 455 amendment, or repeal of a regulation; a process for a 456 substantially affected person to challenge a statement of 457 general applicability that has not been properly adopted as a 458 regulation; a process for a substantially affected person to 459 challenge an unlawful regulation; and a process for the adoption 460 of and challenges to emergency regulations that are necessary to 461 protect the public interest in the emergency. Judicial review 462 shall be sought in the appellate district in which the 463 headquarters of the Board of Governors is located or in which 464 the main campus of the state university is located, as 465 applicable. The regulation development procedure shall be 466 published prominently on the websites of the Board of Governors 467 and the state universities. 468 (3)(2)POWERS AND DUTIES RELATING TO ORGANIZATION AND 469 OPERATION OF STATE UNIVERSITIES.— 470 (a) The Board of Governors, or the board’s designee, shall 471 develop guidelines and procedures related to data and 472 technology, including information systems, communications 473 systems, computer hardware and software, and networks. 474 (b) The Board of Governors shall develop guidelines 475 relating to divisions of sponsored research, pursuant to the 476 provisions of s. 1004.22, to serve the function of 477 administration and promotion of the programs of research. 478 (c) The Board of Governors shall prescribe conditions for 479 direct-support organizations and university health services 480 support organizations to be certified and to use university 481 property and services. Conditions relating to certification must 482 provide for audit review and oversight by the Board of 483 Governors. 484 (d) The Board of Governors shall develop guidelines for 485 supervising faculty practice plans for the academic health 486 science centers. 487 (e) The Board of Governors shall ensure that students at 488 state universities have access to general education courses as 489 provided in the statewide articulation agreement, pursuant to s. 490 1007.23. 491 (f) The Board of Governors shall approve baccalaureate 492 degree programs that require more than 120 semester credit hours 493 of coursework prior to such programs being offered by a state 494 university. At least half of the required coursework for any 495 baccalaureate degree must be offered at the lower-division 496 level, except in program areas approved by the Board of 497 Governors. 498 (g) The Board of Governors, or the board’s designee, shall 499 adopt a written antihazing policy, appropriate penalties for 500 violations of such policy, and a program for enforcing such 501 policy. 502 (h) The Board of Governors, or the board’s designee, may 503 establish a uniform code of conduct and appropriate penalties 504 for violations of its regulationsrulesby students and student 505 organizations, including regulationsrulesgoverning student 506 academic honesty. Such penalties, unless otherwise provided by 507 law, may include reasonable fines, the withholding of diplomas 508 or transcripts pending compliance with regulationsrulesor 509 payment of fines, and the imposition of probation, suspension, 510 or dismissal. 511 (4)(3)POWERS AND DUTIES RELATING TO FINANCE.— 512 (a) The Board of Governors, or the board’s designee, shall 513 account for expenditures of all state, local, federal, and other 514 funds. Such accounting systems shall have appropriate audit and 515 internal controls in place that will enable the constituent 516 universities to satisfactorily and timely perform all accounting 517 and reporting functions required by state and federal law and 518 rules. 519 (b) The Board of Governors shall prepare the legislative 520 budget requests for the State University System, including a 521 request for fixed capital outlay, and submit them to the State 522 Board of Education for inclusion in the K-20 legislative budget 523 request. The Board of Governors shall provide the state 524 universities with fiscal policy guidelines, formats, and 525 instruction for the development of individual university budget 526 requests. 527 (c) The Board of Governors, or the board’s designee, shall 528 establish tuition and fees pursuant to ss. 1009.24 and 1009.26. 529 (d) The Board of Governors, or the board’s designee, is 530 authorized to secure comprehensive general liability insurance 531 pursuant to s. 1004.24. 532 (5)(4)POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— 533 (a) The Legislature intends that the Board of Governors 534 shall align the missions of each constituent university with the 535 academic success of its students; the national reputation of its 536 faculty and its academic and research programs; the quantity of 537 externally generated research, patents, and licenses; and the 538 strategic and accountability plans required in paragraphs (b) 539 and (c). The mission alignment and strategic plan shall consider 540 peer institutions at the constituent universities. The mission 541 alignment and strategic plan shall acknowledge that universities 542 that have a national and international impact have the greatest 543 capacity to promote the state’s economic development through: 544 new discoveries, patents, licenses, and technologies that 545 generate state businesses of global importance; research 546 achievements through external grants and contracts that are 547 comparable to nationally recognized and ranked universities; the 548 creation of a resource rich academic environment that attracts 549 high-technology business and venture capital to the state; and 550 this generation’s finest minds focusing on solving the state’s 551 economic, social, environmental, and legal problems in the areas 552 of life sciences, water, sustainability, energy, and health 553 care. A nationally recognized and ranked university that has a 554 global perspective and impact shall be afforded the opportunity 555 to enable and protect the university’s competitiveness on the 556 global stage in fair competition with other institutions of 557 other states in the highest Carnegie Classification. 558 (b)(a)The Board of Governors shall develop a strategic 559 plan specifying goals and objectives for the State University 560 System and each constituent university. 561 (c)(b)The Board of Governors shall develop an 562 accountability plan for the State University System and each 563 constituent university. 564 (d)(c)The Board of Governors shall maintain an effective 565 information system to provide accurate, timely, and cost 566 effective information about each university. The board shall 567 continue to collect and maintain, at a minimum,themanagement 568 informationdatabasesas such informationdatabasesexisted on 569 June 30, 2002. 570 (e)(d)If the Board of Governors of the State University 571 System determines that a state university board of trustees is 572 unwilling or unable to address substantiated allegations made by 573 any person relating to waste, fraud, or financial mismanagement 574 within the state university, the Office of the Inspector General 575 shall investigate the allegations. 576 (6)(5)POWERS AND DUTIES RELATING TO PERSONNEL.— 577 (a) The Board of Governors, or the board’s designee, shall 578 establish the personnel program for all employees of a state 579 university except that the Board of Governors shall confirm the 580 presidential selection by a university board of trustees as a 581 means of acknowledging that system cooperation is expectedthe582president. 583 (b) The Department of Management Services shall retain 584 authority over state university employees for programs 585 established in ss. 110.123, 110.1232, 110.1234, 110.1238, and 586 110.161 and in chapters 121, 122, and 238. Unless specifically 587 authorized by law, neither the Board of Governors nor a state 588 university may offer group insurance programs for employees as a 589 substitute for or as an alternative to the health insurance 590 programs offered pursuant to chapter 110. 591 (c) Except as otherwise provided by law, university 592 employees are public employees for purposes of chapter 112 and 593 any payment for travel and per diem expenses shall not exceed 594 the level specified in s. 112.061. 595 (d) The Board of Governors, or the board’s designee, may 596 not enter into an employment contract that requires itthe board597 to pay an employee an amount from state funds in excess of 1 598 year of the employee’s annual salary for termination, buyout, or 599 any other type of contract settlement. This paragraph does not 600 prohibit the payment of leave and benefits accrued by the 601 employee in accordance with the board’s or designee’s leave and 602 benefits policies before the contract terminates. 603 (7)(6)POWERS AND DUTIES RELATING TO PROPERTY.— 604 (a) The Board of Governors shall develop guidelines for 605 university boards of trustees relating to the acquisition of 606 real and personal property and the sale and disposal thereof and 607 the approval and execution of contracts for the purchase, sale, 608 lease, license, or acquisition of commodities, goods, equipment, 609 contractual services, leases of real and personal property, and 610 construction. The acquisition may include purchase by 611 installment or lease-purchase. Such contracts may provide for 612 payment of interest on the unpaid portion of the purchase price. 613 Title to all real property acquired prior to January 7, 2003, 614 and to all real property acquired with funds appropriated by the 615 Legislature shall be vested in the Board of Trustees of the 616 Internal Improvement Trust Fund and shall be transferred and 617 conveyed by it. Notwithstanding any other provisions of this 618 subsection, each board of trustees shall comply with the 619 provisions of s. 287.055 for the procurement of professional 620 services as defined therein. Any acquisition pursuant to this 621 paragraph is subject to the provisions of s. 1010.62. 622 (b) The Board of Governors shall develop guidelines for 623 university boards of trustees relating to the use, maintenance, 624 protection, and control of university-owned or university 625 controlled buildings and grounds, property and equipment, name, 626 trademarks and other proprietary marks, and the financial and 627 other resources of the university. Such authority may include 628 placing restrictions on activities and on access to facilities, 629 firearms, food, tobacco, alcoholic beverages, distribution of 630 printed materials, commercial solicitation, animals, and sound. 631 The authority provided the board of trustees in this subsection 632 includes the prioritization of the use of space, property, 633 equipment, and resources and the imposition of charges for those 634 items. 635 (c) The Board of Governors, or the board’s designee, shall 636 administer a program for the maintenance and construction of 637 facilities pursuant to chapter 1013. 638 (d) The Board of Governors, or the board’s designee, shall 639 ensure compliance with the provisions of s. 287.09451 for all 640 procurement and ss. 255.101 and 255.102 for construction 641 contracts, and rules adopted pursuant thereto, relating to the 642 utilization of minority business enterprises, except that 643 procurements costing less than the amount provided for in 644 CATEGORY FIVE as provided in s. 287.017 shall not be subject to 645 s. 287.09451. 646 (e) Notwithstanding the provisions of s. 253.025 but 647 subject to the provisions of s. 1010.62, the Board of Governors, 648 or the board’s designee, may, with the consent of the Board of 649 Trustees of the Internal Improvement Trust Fund, sell, convey, 650 transfer, exchange, trade, or purchase real property and related 651 improvements necessary and desirable to serve the needs and 652 purposes of the university. 653 1. The Board of Governors, or the board’s designee, may 654 secure appraisals and surveys. The Board of Governors, or the 655 board’s designee, shall comply with the rules of the Board of 656 Trustees of the Internal Improvement Trust Fund in securing 657 appraisals. Whenever the Board of Governors, or the board’s 658 designee, finds it necessary for timely property acquisition, it 659 may contract, without the need for competitive selection, with 660 one or more appraisers whose names are contained on the list of 661 approved appraisers maintained by the Division of State Lands in 662 the Department of Environmental Protection. 663 2. The Board of Governors, or the board’s designee, may 664 negotiate and enter into an option contract before an appraisal 665 is obtained. The option contract must state that the final 666 purchase price may not exceed the maximum value allowed by law. 667 The consideration for such an option contract may not exceed 10 668 percent of the estimate obtained by the Board of Governors, or 669 the board’s designee, or 10 percent of the value of the parcel, 670 whichever is greater, unless otherwise authorized by the Board 671 of Governors or the board’s designee. 672 3. This paragraph is not intended to abrogate in any manner 673 the authority delegated to the Board of Trustees of the Internal 674 Improvement Trust Fund or the Division of State Lands to approve 675 a contract for purchase of state lands or to require policies 676 and procedures to obtain clear legal title to parcels purchased 677 for state purposes. Title to property acquired by a university 678 board of trustees prior to January 7, 2003, and to property 679 acquired with funds appropriated by the Legislature shall vest 680 in the Board of Trustees of the Internal Improvement Trust Fund. 681 (f) The Board of Governors, or the board’s designee, shall 682 prepare and adopt a campus master plan pursuant to s. 1013.30. 683 (g) The Board of Governors, or the board’s designee, shall 684 prepare, adopt, and execute a campus development agreement 685 pursuant to s. 1013.30. 686 (h) Notwithstanding the provisions of s. 216.351, the Board 687 of Governors, or the board’s designee, may authorize the rent or 688 lease of parking facilities provided that such facilities are 689 funded through parking fees or parking fines imposed by a 690 university. The Board of Governors, or the board’s designee, may 691 authorize a university board of trustees to charge fees for 692 parking at such rented or leased parking facilities. 693 (8)(7)COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND 694 REQUIREMENTS.—The Board of Governors has responsibility for 695 compliance with state and federal laws, rules, regulations, and 696 requirements. 697 (9)(8)COOPERATION WITH OTHER BOARDS.—The Board of 698 Governors shall implement a plan for working on a regular basis 699 with the State Board of Education, the Commission for 700 Independent Education, the university boards of trustees, 701 representatives of the community college boards of trustees, 702 representatives of the private colleges and universities, and 703 representatives of the district school boards to achieve a 704 seamless education system. 705 (10)(9)The Board of Governors is prohibited from assessing 706 any fee on state universities, unless specifically authorized by 707 law. 708 Section 12. Subsection (3) is added to section 1001.72, 709 Florida Statutes, to read: 710 1001.72 University boards of trustees; boards to constitute 711 a corporation.— 712 (3) Each board of trustees constitutes the contracting 713 agent of the university. 714 Section 13. Section 1004.015, Florida Statutes, is created 715 to read: 716 1004.015 Higher Education Coordinating Council.— 717 (1) The Higher Education Coordinating Council is created 718 for the purposes of identifying unmet needs and facilitating 719 solutions to disputes regarding the creation of new degree 720 programs and the establishment of new institutes, campuses, or 721 centers. 722 (2) Members of the council shall include: 723 (a) The Commissioner of Education. 724 (b) The Chancellor of the State University System. 725 (c) The Chancellor of the Florida College System. 726 (d) The executive director of the Commission for 727 Independent Education. 728 (e) The president of the Independent Colleges and 729 Universities of Florida. 730 (f) Two representatives of the business community, one 731 appointed by the President of the Senate and one appointed by 732 the Speaker of the House of Representatives, who are committed 733 to developing and enhancing world class workforce infrastructure 734 necessary for Florida’s citizens to compete and prosper in the 735 ever-changing economy of the 21st century. 736 (3) The council shall serve as an advisory board to the 737 Legislature, the State Board of Education, and the Board of 738 Governors. Recommendations of the council shall be consistent 739 with the following guiding principles: 740 (a) To achieve within existing resources a seamless 741 academic educational system that fosters an integrated continuum 742 of kindergarten through graduate school education for Florida’s 743 students. 744 (b) To promote consistent education policy across all 745 educational delivery systems, focusing on students. 746 (c) To promote substantially improved articulation across 747 all educational delivery systems. 748 (d) To promote a system that maximizes educational access 749 and allows the opportunity for a high-quality education for all 750 Floridians. 751 (e) To promote a system of coordinated and consistent 752 transfer of credit and data collection for improved 753 accountability purposes between the educational delivery 754 systems. 755 (4) The Board of Governors shall provide administrative 756 support for the council. 757 Section 14. Subsections (1) and (3) of section 1004.03, 758 Florida Statutes, are amended to read: 759 1004.03 Program approval.— 760 (1) The Board of Governors shall establish criteria for the 761 review and approval of proposed new programs at state 762 universities to ensure the well-planned development, 763 coordination, and operation of the State University System and 764 to avoid wasteful duplication of facilities or programs. The 765 Board of Governors shall submit an annual report to the 766 President of the Senate, the Speaker of the House of 767 Representatives, and the Governor listing the reviews conducted 768 and the results of each review.that will receive any support769from tuition and fees assessed pursuant to s.1009.24or from770funds appropriated by the Legislature through the General771Appropriations Act or other law. These criteria include, but are772not limited to, the following:773(a) New programs may not be approved unless the same774objectives cannot be met through use of educational technology.775(b) Unnecessary duplication of programs offered by public776and independent institutions shall be avoided.777(c) Cooperative programs, particularly within regions,778should be encouraged.779(d) New programs shall be approved only if they are780consistent with the strategic plan adopted by the Board of781Governors.782(e) A new graduate-level program or professional-level783program may be approved if:7841. The university has taken into account the offerings of785its counterparts, including institutions in other sectors,786particularly at the regional level.7872. The addition of the program will not alter the emphasis788on undergraduate education.7893. The regional need and demand for the program was790addressed and the community needs are obvious.791(3) New colleges, schools, or functional equivalents of any792program that leads to a degree that is offered as a credential793for a specific license granted under the Florida Statutes or the794State Constitution and that will receive any support from795tuition and fees or from funds appropriated by the Legislature796through the General Appropriations Act or other law shall not be797established without the specific approval of the Legislature.798 Section 15. Subsection (4) of section 1004.07, Florida 799 Statutes, is amended to read: 800 1004.07 Student withdrawal from courses due to military 801 service; effect.— 802 (4) Policies of state university boards of trustees shall 803 be established by regulationruleand pursuant to guidelines of 804 the Board of Governors. 805 Section 16. Section 1006.54, Florida Statutes, is amended 806 to read: 807 1006.54 Universities; public documents distributed to 808 libraries.—The general library of each state university may 809 receive copies of reports of state officials, departments, and 810 institutions and all other state documents published by the 811 state. Each officer of the state empowered by law to distribute 812 such public documents may transmit without charge, except for 813 payment of shipping costs, the number of copies of each public 814 document desired upon requisition from the librarian. It is the 815 duty of the library to keep public documents in a convenient 816 form accessible to the public. The library, under regulations 817rulesformulated by the university board of trustees, is 818 authorized to exchange documents for those of other states, 819 territories, and countries. 820 Section 17. Section 1006.60, Florida Statutes, is amended 821 to read: 822 1006.60 Codes of conduct; disciplinary measures;rulemaking823 authority to adopt rules or regulations.— 824 (1) Each community collegeand state universitymay adopt, 825 by rule, and each state university may adopt, by regulation, 826 codes of conduct and appropriate penalties for violations of 827 rules or regulations by students, to be administered by the 828 institution. Such penalties, unless otherwise provided by law, 829 may include: reprimand; restitution; fines; withholding of 830 diplomas or transcripts pending compliance with rules or 831 regulations, completion of any student judicial process or 832 sanction, or payment of fines; restrictions on the use of or 833 removal from campus facilities; community service; educational 834 requirements; and the imposition of probation, suspension, 835 dismissal, or expulsion. 836 (2) Each community collegeand state universitymay adopt, 837 by rule, and each state university may adopt, by regulation, a 838 code of conduct and appropriate penalties for violations of 839 rules or regulations by student organizations, to be 840 administered by the institution. Such penalties, unless 841 otherwise provided by law, may include: reprimand; restitution; 842 suspension, cancellation, or revocation of the registration or 843 official recognition of a student organization; and restrictions 844 on the use of, or removal from, campus facilities. 845 (3) Sanctions authorized by such codes of conduct may be 846 imposed only for acts or omissions in violation of rules or 847 regulations adopted by the institution, including rules or 848 regulations adopted under this section, rules of the State Board 849 of Education, rules or regulations oforthe Board of Governors 850 regarding the State University System, county and municipal 851 ordinances, and the laws of this state, the United States, or 852 any other state. 853 (4) Each community collegeand state universitymay 854 establish and adopt, by rule, and each state university may 855 establish and adopt, by regulation, codes of appropriate 856 penalties for violations of rules or regulations governing 857 student academic honesty. Such penalties, unless otherwise 858 provided by law, may include: reprimand; reduction of grade; 859 denial of academic credit; invalidation of university credit or 860 of the degree based upon such credit; probation; suspension; 861 dismissal; or expulsion. In addition to any other penalties that 862 may be imposed, an individual may be denied admission or further 863 registration, and the institution may invalidate academic credit 864 for work done by a student and may invalidate or revoke the 865 degree based upon such credit if it is determined that the 866 student has made false, fraudulent, or incomplete statements in 867 the application, residence affidavit, or accompanying documents 868 or statements in connection with, or supplemental to, the 869 application for admission to or graduation from the institution. 870 (5) Each community collegeand state universityshall adopt 871 rules and each state university shall adopt regulations for the 872 lawful discipline of any student who intentionally acts to 873 impair, interfere with, or obstruct the orderly conduct, 874 processes, and functions of the institution. Said rules or 875 regulations may apply to acts conducted on or off campus when 876 relevant to such orderly conduct, processes, and functions. 877 Section 18. Subsection (2) of section 1006.65, Florida 878 Statutes, is amended to read: 879 1006.65 Safety issues in courses offered by public 880 postsecondary educational institutions.— 881 (2) The Board of Governors shall adopt regulationsrulesto 882 ensure that policies and procedures are in place to protect the 883 health and safety of students, instructional personnel, and 884 visitors who participate in courses offered by a state 885 university. 886 Section 19. Subsection (3) of section 1007.264, Florida 887 Statutes, is amended to read: 888 1007.264 Persons with disabilities; admission to 889 postsecondary educational institutions; substitute requirements; 890 rules and regulations.— 891 (3) The Board of Governors, in consultation with the State 892 Board of Education, shall adopt regulationsrulesto implement 893 this section for state universities and shall develop substitute 894 admission requirements where appropriate. 895 Section 20. Subsection (3) of section 1007.265, Florida 896 Statutes, is amended to read: 897 1007.265 Persons with disabilities; graduation, study 898 program admission, and upper-division entry; substitute 899 requirements; rules and regulations.— 900 (3) The Board of Governors, in consultation with the State 901 Board of Education, shall adopt regulationsrulesto implement 902 this section for state universities and shall develop substitute 903 requirements where appropriate. 904 Section 21. Section 1009.24, Florida Statutes, is amended 905 to read: 906 1009.24 State university student fees.— 907 (1) This section applies to students enrolled in college 908 credit programs at state universities. 909 (2) All students shall be charged fees except students who 910 are exempt from fees or students whose fees are waived. 911 (3) All moneys from tuition and fees shall be deposited 912 pursuant to s. 1011.42. 913 (4)(a) Effective January 1, 2008, the resident 914 undergraduate tuition for lower-level and upper-level coursework 915 shall be $77.39 per credit hour. 916 (b) Beginning with the 2008-2009 fiscal year and each year 917 thereafter, the resident undergraduate tuition per credit hour 918 shall increase at the beginning of each fall semester at a rate 919 equal to inflation, unless otherwise provided in the General 920 Appropriations Act. The Office of Economic and Demographic 921 Research shall report the rate of inflation to the President of 922 the Senate, the Speaker of the House of Representatives, the 923 Governor, and the Board of Governors each year prior to March 1. 924 For purposes of this paragraph, the rate of inflation shall be 925 defined as the rate of the 12-month percentage change in the 926 Consumer Price Index for All Urban Consumers, U.S. City Average, 927 All Items, or successor reports as reported by the United States 928 Department of Labor, Bureau of Labor Statistics, or its 929 successor for December of the previous year. In the event the 930 percentage change is negative, the resident undergraduate 931 tuition shall remain at the same level as the prior fiscal year. 932 (c) The Board of Governors, or the board’s designee, may 933 establish tuition for graduate and professional programs, and 934 out-of-state fees for all programs. Except as otherwise provided 935 in this section, the sum of tuition and out-of-state fees 936 assessed to nonresident students must be sufficient to offset 937 the full instructional cost of serving such students. However, 938 adjustments to out-of-state fees or tuition for graduate 939 programs and professional programs may not exceed 15 percent in 940 any year. 941 (d) The Board of Governors may consider and approve 942 flexible tuition policies as requested by a university board of 943 trustees in accordance with the provisions of subsection (15) 944 only to the extent such policies are in alignment with the 945 mission of the university and do not increase the state’s fiscal 946 liability or obligations, including, but not limited to, any 947 fiscal liability or obligation for programs authorized under ss. 948 1009.53-1009.538 and ss. 1009.97-1009.984. 949 (e)(d)The sum of the activity and service, health, and 950 athletic fees a student is required to pay to register for a 951 course shall not exceed 40 percent of the tuition established in 952 law or in the General Appropriations Act. No university shall be 953 required to lower any fee in effect on the effective date of 954 this act in order to comply with this subsection. Within the 40 955 percent cap, universities may not increase the aggregate sum of 956 activity and service, health, and athletic fees more than 5 957 percent per year unless specifically authorized in law or in the 958 General Appropriations Act. A university may increase its 959 athletic fee to defray the costs associated with changing 960 National Collegiate Athletic Association divisions. Any such 961 increase in the athletic fee may exceed both the 40 percent cap 962 and the 5 percent cap imposed by this subsection. Any such 963 increase must be approved by the athletic fee committee in the 964 process outlined in subsection (12) and cannot exceed $2 per 965 credit hour. Notwithstanding the provisions of ss. 1009.534, 966 1009.535, and 1009.536, that portion of any increase in an 967 athletic fee pursuant to this subsection that causes the sum of 968 the activity and service, health, and athletic fees to exceed 969 the 40 percent cap or the annual increase in such fees to exceed 970 the 5 percent cap shall not be included in calculating the 971 amount a student receives for a Florida Academic Scholars award, 972 a Florida Medallion Scholars award, or a Florida Gold Seal 973 Vocational Scholars award. 974 (f)(e)This subsection does not prohibit a university from 975 increasing or assessing optional fees related to specific 976 activities if payment of such fees is not required as a part of 977 registration for courses. 978 (5) A university may implement a differential out-of-state 979 fee in accordance with regulations developed by the Board of 980 Governors for the following: 981 (a) A student from another state that borders the service 982 area of the university. 983 (b) A graduate student who has been determined to be a 984 nonresident for tuition purposes pursuant to s. 1009.21 and has 985 a .25 full-time equivalent appointment or greater as a graduate 986 assistant, graduate research assistant, graduate teaching 987 assistant, graduate research associate, or graduate teaching 988 associate. 989 (c) A graduate student who has been determined to be a 990 nonresident for tuition purposes pursuant to s. 1009.21 and is 991 receiving a full fellowship. 992 (6) Students who are enrolled in Programs in Medical 993 Sciences are considered graduate students for the purpose of 994 enrollment and student fees. 995 (7) A university board of trustees is authorized to collect 996 for financial aid purposes an amount not to exceed 5 percent of 997 the tuition and out-of-state fee. The revenues from fees are to 998 remain at each campus and replace existing financial aid fees. 999 Such funds shall be disbursed to students as quickly as 1000 possible. A minimum of 75 percent of funds from the student 1001 financial aid fee shall be used to provide financial aid based 1002 on absolute need. The Board of Governors shall develop criteria 1003 for making financial aid awards. Each university shall report 1004 annually to the Board of Governors and the Department of 1005 Education on the revenue collected pursuant to this subsection, 1006 the amount carried forward, the criteria used to make awards, 1007 the amount and number of awards for each criterion, and a 1008 delineation of the distribution of such awards. The report shall 1009 include an assessment by category of the financial need of every 1010 student who receives an award, regardless of the purpose for 1011 which the award is received. Awards which are based on financial 1012 need shall be distributed in accordance with a nationally 1013 recognized system of need analysis approved by the Board of 1014 Governors. An award for academic merit shall require a minimum 1015 overall grade point average of 3.0 on a 4.0 scale or the 1016 equivalent for both initial receipt of the award and renewal of 1017 the award. 1018 (8) The Capital Improvement Trust Fund fee is established 1019 as $2.44 per credit hour per semester. The building fee is 1020 established as $2.32 per credit hour per semester. 1021 (9) Each university board of trustees is authorized to 1022 establish separate activity and service, health, and athletic 1023 fees. When duly established, the fees shall be collected as 1024 component parts of tuition and fees and shall be retained by the 1025 university and paid into the separate activity and service, 1026 health, and athletic funds. Notwithstanding any other provision 1027 of law to the contrary, a university may transfer revenues 1028 derived from the fees authorized pursuant to this subsection to 1029 a university direct-support organization of the university to be 1030 used only for the purpose of paying and securing debt on 1031 projects approved pursuant to s. 1010.62 and pursuant to a 1032 written agreement approved by the Board of Governors. The amount 1033 transferred may not exceed the amount authorized for annual debt 1034 service pursuant to s. 1010.62. 1035 (10)(a) Each university board of trustees shall establish a 1036 student activity and service fee on the main campus of the 1037 university. The university board may also establish a student 1038 activity and service fee on any branch campus or center. Any 1039 subsequent increase in the activity and service fee must be 1040 recommended by an activity and service fee committee, at least 1041 one-half of whom are students appointed by the student body 1042 president. The remainder of the committee shall be appointed by 1043 the university president. A chairperson, appointed jointly by 1044 the university president and the student body president, shall 1045 vote only in the case of a tie. The recommendations of the 1046 committee shall take effect only after approval by the 1047 university president, after consultation with the student body 1048 president, with final approval by the university board of 1049 trustees. An increase in the activity and service fee may occur 1050 only once each fiscal year and must be implemented beginning 1051 with the fall term. The Board of Governors is responsible for 1052 adopting the regulationsrulesand timetables necessary to 1053 implement this fee. 1054 (b) The student activity and service fees shall be expended 1055 for lawful purposes to benefit the student body in general. This 1056 shall include, but shall not be limited to, student publications 1057 and grants to duly recognized student organizations, the 1058 membership of which is open to all students at the university 1059 without regard to race, sex, or religion. The fund may not 1060 benefit activities for which an admission fee is charged to 1061 students, except for student-government-association-sponsored 1062 concerts. The allocation and expenditure of the fund shall be 1063 determined by the student government association of the 1064 university, except that the president of the university may veto 1065 any line item or portion thereof within the budget when 1066 submitted by the student government association legislative 1067 body. The university president shall have 15 school days from 1068 the date of presentation of the budget to act on the allocation 1069 and expenditure recommendations, which shall be deemed approved 1070 if no action is taken within the 15 school days. If any line 1071 item or portion thereof within the budget is vetoed, the student 1072 government association legislative body shall within 15 school 1073 days make new budget recommendations for expenditure of the 1074 vetoed portion of the fund. If the university president vetoes 1075 any line item or portion thereof within the new budget 1076 revisions, the university president may reallocate by line item 1077 that vetoed portion to bond obligations guaranteed by activity 1078 and service fees. Unexpended funds and undisbursed funds 1079 remaining at the end of a fiscal year shall be carried over and 1080 remain in the student activity and service fund and be available 1081 for allocation and expenditure during the next fiscal year. 1082 (11) Each university board of trustees shall establish a 1083 student health fee on the main campus of the university. The 1084 university board of trustees may also establish a student health 1085 fee on any branch campus or center. Any subsequent increase in 1086 the health fee must be recommended by a health committee, at 1087 least one-half of whom are students appointed by the student 1088 body president. The remainder of the committee shall be 1089 appointed by the university president. A chairperson, appointed 1090 jointly by the university president and the student body 1091 president, shall vote only in the case of a tie. The 1092 recommendations of the committee shall take effect only after 1093 approval by the university president, after consultation with 1094 the student body president, with final approval by the 1095 university board of trustees. An increase in the health fee may 1096 occur only once each fiscal year and must be implemented 1097 beginning with the fall term. The Board of Governors is 1098 responsible for adopting the regulationsrulesand timetables 1099 necessary to implement this fee. 1100 (12) Each university board of trustees shall establish a 1101 separate athletic fee on the main campus of the university. The 1102 university board may also establish a separate athletic fee on 1103 any branch campus or center. Any subsequent increase in the 1104 athletic fee must be recommended by an athletic fee committee, 1105 at least one-half of whom are students appointed by the student 1106 body president. The remainder of the committee shall be 1107 appointed by the university president. A chairperson, appointed 1108 jointly by the university president and the student body 1109 president, shall vote only in the case of a tie. The 1110 recommendations of the committee shall take effect only after 1111 approval by the university president, after consultation with 1112 the student body president, with final approval by the 1113 university board of trustees. An increase in the athletic fee 1114 may occur only once each fiscal year and must be implemented 1115 beginning with the fall term. The Board of Governors is 1116 responsible for adopting the regulationsrulesand timetables 1117 necessary to implement this fee. 1118 (13) Each university board of trustees may establish a 1119 technology fee of up to 5 percent of the tuition per credit 1120 hour. The revenue from this fee shall be used to enhance 1121 instructional technology resources for students and faculty. The 1122 technology fee may not be included in any award under the 1123 Florida Bright Futures Scholarship Program established pursuant 1124 to ss. 1009.53-1009.538. 1125 (14)(13)Except as otherwise provided in subsection (15), 1126 each university board of trustees is authorized to establish the 1127 following fees: 1128 (a) A nonrefundable application fee in an amount not to 1129 exceed $30. 1130 (b) An orientation fee in an amount not to exceed $35. 1131 (c) A fee for security, access, or identification cards. 1132 The annual fee for such a card may not exceed $10 per card. The 1133 maximum amount charged for a replacement card may not exceed 1134 $15. 1135 (d) Registration fees for audit and zero-hours 1136 registration; a service charge, which may not exceed $15, for 1137 the payment of tuition and fees in installments; and a late 1138 registration fee in an amount not less than $50 nor more than 1139 $100 to be imposed on students who fail to initiate registration 1140 during the regular registration period. 1141 (e) A late-payment fee in an amount not less than $50 nor 1142 more than $100 to be imposed on students who fail to pay or fail 1143 to make appropriate arrangements to pay (by means of installment 1144 payment, deferment, or third-party billing) tuition by the 1145 deadline set by each university. Each university may adopt 1146 specific procedures or policies for waiving the late-payment fee 1147 for minor underpayments. 1148 (f)(r)Fees for transcripts and diploma replacement, not to 1149 exceed $10 per item. 1150 (g) A nonrefundable admissions deposit for undergraduate, 1151 graduate, and professional degree programs in an amount not to 1152 exceed $200. The admissions deposit shall be imposed at the time 1153 of an applicant’s acceptance to the university and shall be 1154 applied toward tuition upon enrollment. If the applicant does 1155 not enroll in the university, the admissions deposit shall be 1156 deposited in an auxiliary account of the university and used to 1157 expand financial assistance, scholarships, and student academic 1158 and career counseling services at the university. The Board of 1159 Governors shall adopt a policy that provides for the waiver of 1160 such admissions deposit on the basis of financial hardship. 1161 (h)(f)A fee for miscellaneous health-related charges for 1162 services provided at cost by the university health center which 1163 are not covered by the health fee set under subsection (11). 1164 (i)(g)Materials and supplies fees to offset the cost of 1165 materials or supplies that are consumed in the course of the 1166 student’s instructional activities, excluding the cost of 1167 equipment replacement, repairs, and maintenance. 1168 (j)(h)Housing rental rates and miscellaneous housing 1169 charges for services provided by the university at the request 1170 of the student. 1171 (k)(i)A charge representing the reasonable cost of efforts 1172 to collect payment of overdue accounts. 1173 (l)(j)A service charge on university loans in lieu of 1174 interest and administrative handling charges. 1175 (m)(k)A fee for off-campus course offerings when the 1176 location results in specific, identifiable increased costs to 1177 the university. 1178 (n)(l)Library fees and fines, including charges for 1179 damaged and lost library materials, overdue reserve library 1180 books, interlibrary loans, and literature searches. 1181 (o)(m)Fees relating to duplicating, photocopying, binding, 1182 and microfilming; copyright services; and standardized testing. 1183 These fees may be charged only to those who receive the 1184 services. 1185 (p)(n)Fees and fines relating to the use, late return, and 1186 loss and damage of facilities and equipment. 1187 (q)(o)A returned-check fee as authorized by s. 832.07(1) 1188 for unpaid checks returned to the university. 1189 (r)(p)Traffic and parking fines, charges for parking 1190 decals, and transportation access fees. 1191 (s)(q)An Educational Research Center for Child Development 1192 fee for child care and services offered by the center. 1193(s) A technology fee of up to 5 percent of the tuition per1194credit hour, beginning with the fall term of the 2009-20101195academic year. The revenue from this fee shall be used to1196enhance instructional technology resources for students and1197faculty. The technology fee shall not be included in any award1198under the Florida Bright Futures Scholarship Program.1199 1200 With the exception of housing rental rates and except as 1201 otherwise provided, fees assessed pursuant to paragraphs (h)-(s) 1202 shall be based on reasonable costs of services. The Board of 1203 Governors shall adopt regulations and timetables necessary to 1204 implement the fees and fines authorized under this subsection. 1205 The fees assessed under this subsection may be used for debt 1206 only as authorized under s. 1010.62. 1207(14) Each university board of trustees is authorized to1208establish a nonrefundable admissions deposit for undergraduate,1209graduate, and professional degree programs in an amount not to1210exceed $200. The admissions deposit shall be imposed at the time1211of an applicant’s acceptance to the university and shall be1212applied toward tuition upon enrollment. In the event the1213applicant does not enroll in the university, the admissions1214deposit shall be deposited in an auxiliary account of the1215university and used to expand financial assistance,1216scholarships, and student academic and career counseling1217services at the university. A university board of trustees that1218establishes an admissions deposit pursuant to this subsection1219must also adopt policies that provide for the waiver of such1220deposit on the basis of financial hardship.1221 (15)(a) The Board of Governors may approve: 1222 1. A proposal from a university board of trustees to 1223 establish a new student fee that is not specifically authorized 1224 by this section. 1225 2. A proposal from a university board of trustees to 1226 increase the current cap for an existing fee authorized pursuant 1227 to paragraphs (14)(a)-(g). 1228 3. A proposal from a university board of trustees to 1229 implement flexible tuition policies, such as undergraduate or 1230 graduate block tuition, block tuition differential, or market 1231 tuition rates for graduate-level online courses or graduate 1232 level courses offered through a university’s continuing 1233 education program. A block tuition policy for resident 1234 undergraduate students or undergraduate-level courses shall be 1235 based on the per-credit-hour undergraduate tuition established 1236 under subsection (4). A block tuition policy for nonresident 1237 undergraduate students shall be based on the per-credit-hour 1238 undergraduate tuition and out-of-state fee established under 1239 subsection (4). Flexible tuition policies, including block 1240 tuition, may not increase the state’s fiscal liability or 1241 obligation. 1242 (b) A proposal developed pursuant to paragraph (a) shall be 1243 submitted in accordance with guidelines established by the Board 1244 of Governors. Approval by the Board of Governors of such 1245 proposal must be made in accordance with the provisions of this 1246 subsection. 1247 (c) In reviewing a proposal to establish a new fee under 1248 subparagraph (a)1., the Board of Governors shall consider: 1249 1. The purpose to be served or accomplished by the new fee. 1250 2. Whether there is a demonstrable student-based need for 1251 the new fee that is not currently being met through existing 1252 university services, operations, or another fee. 1253 3. Whether the financial impact on students is warranted in 1254 light of other charges assessed to students for tuition and 1255 associated fees. 1256 4. Whether any restrictions, limitations, or conditions 1257 should be placed on the use of the fee. 1258 5. Whether there are outcome measures to indicate if the 1259 purpose for which the fee was established is accomplished. 1260 (d) In reviewing a proposal to increase or exceed the 1261 current cap for an existing fee under subparagraph (a)2., the 1262 Board of Governors shall consider: 1263 1. The services or operations currently being funded by the 1264 fee. 1265 2. Whether those services or operations can be performed 1266 more efficiently to alleviate the need for any increase. 1267 3. The additional or enhanced services or operations to be 1268 funded by the increase. 1269 4. Whether any alternative resources are available to meet 1270 the need. 1271 5. Whether the financial impact on students is warranted in 1272 light of other charges assessed to students for tuition and 1273 associated fees. 1274 (e) In reviewing a proposal to implement a flexible tuition 1275 policy under subparagraph (a)3., the Board of Governors shall 1276 consider: 1277 1. Whether the proposed tuition flexibility policy is 1278 aligned with the mission of the university. 1279 2. Whether the proposed tuition flexibility policy 1280 increases the state’s fiscal liabilities or obligations and, if 1281 so, the proposal shall be denied. 1282 3. Whether any restrictions, limitations, or conditions 1283 should be placed on the policy. 1284 4. How the proposed tuition flexibility policy will be 1285 implemented to honor the advance payment contracts of students 1286 who are beneficiaries of prepaid tuition contracts under s. 1287 1009.98. 1288 (f) The Board of Governors shall submit an annual report to 1289 the President of the Senate, the Speaker of the House of 1290 Representatives, and the Governor summarizing the proposals 1291 received by the board during the preceding year and actions 1292 taken by the board in response to such proposals. The Board of 1293 Governors shall also include in the annual report the following 1294 information for each new fee approved pursuant to the provisions 1295 of this subsection: 1296 1. The amount of the fee. 1297 2. The total revenues generated by the fee. 1298 3. Detailed expenditures of the revenues generated by the 1299 fee. 1300 (g) The aggregate sum of any fees established pursuant to 1301 subparagraph (a)1. which a student is required to pay to 1302 register for a course shall not exceed 10 percent of tuition. 1303 (h) Any fee established pursuant to subparagraph (a)1. 1304 shall not be included in any award under the Florida Bright 1305 Futures Scholarship Program established pursuant to ss. 1009.53 1306 1009.538. 1307 (i) The revenues generated by a fee established pursuant to 1308 subparagraph (a)1. may not be transferred to an auxiliary 1309 enterprise or a direct-support organization and may not be used 1310 for the purpose of paying or securing debt. 1311 (j) If the Board of Governors approves a university 1312 proposal to establish a fee pursuant to subparagraph (a)1., a 1313 fee committee shall be established at the university to make 1314 recommendations to the university president and the university 1315 board of trustees regarding how the revenue from the fee is to 1316 be spent and any subsequent changes to the fee. At least one 1317 half of the committee must be students appointed by the student 1318 body president. The remainder of the committee shall be 1319 appointed by the university president. A chair, appointed 1320 jointly by the university president and the student body 1321 president, shall vote only in the case of a tie. 1322 (k) An increase to an existing fee or a fee established 1323 pursuant to subparagraph (a)1. may occur no more than once each 1324 fiscal year and must be implemented beginning with the fall term 1325Each university may assess a service charge for the payment of1326tuition and fees in installments. Such service charge must be1327approved by the university board of trustees. 1328 (16) Each university board of trustees may establish a 1329 tuition differential for undergraduate courses upon receipt of 1330 approval from the Board of Governors. The tuition differential 1331 shall promote improvements in the quality of undergraduate 1332 education and shall provide financial aid to undergraduate 1333 students who exhibit financial need. 1334 (a) Seventy percent of the revenues from the tuition 1335 differential shall be expended for purposes of undergraduate 1336 education. Such expenditures may include, but are not limited 1337 to, increasing course offerings, improving graduation rates, 1338 increasing the percentage of undergraduate students who are 1339 taught by faculty, decreasing student-faculty ratios, providing 1340 salary increases for faculty who have a history of excellent 1341 teaching in undergraduate courses, improving the efficiency of 1342 the delivery of undergraduate education through academic 1343 advisement and counseling, and reducing the percentage of 1344 students who graduate with excess hours. This expenditure for 1345 undergraduate education may not be used to pay the salaries of 1346 graduate teaching assistants. The remaining 30 percent of the 1347 revenues from the tuition differential, or the equivalent amount 1348 of revenue from private sources, shall be expended to provide 1349 financial aid to undergraduate students who exhibit financial 1350 need to meet the cost of university attendance. This expenditure 1351 for need-based financial aid shall not supplant the amount of 1352 need-based aid provided to undergraduate students in the 1353 preceding fiscal year from financial aid fee revenues, the 1354 direct appropriation for financial assistance provided to state 1355 universities in the General Appropriations Act, or from private 1356 sources. 1357 (b) Each tuition differential is subject to the following 1358 conditions: 1359 1. The tuition differential may be assessed on one or more 1360 undergraduate courses or on all undergraduate courses at a state 1361 university. 1362 2. The tuition differential may vary by course or courses, 1363 campus or center location, and by institution. Each university 1364 board of trustees shall strive to maintain and increase 1365 enrollment in degree programs related to math, science, high 1366 technology, and other state or regional high-need fields when 1367 establishing tuition differentials by course. 1368 3. For each state university that has total research and 1369 development expenditures for all fields of at least $100 million 1370 per year as reported annually to the National Science 1371 Foundation, the aggregate sum of tuition and the tuition 1372 differential may not be increased by more than 15 percent of the 1373 total charged for the aggregate sum of these fees in the 1374 preceding fiscal year. For each state university that has total 1375 research and development expenditures for all fields of less 1376 than $100 million per year as reported annually to the National 1377 Science Foundation, the aggregate sum of tuition and the tuition 1378 differential may not be increased by more than 15 percent of the 1379 total charged for the aggregate sum of these fees in the 1380 preceding fiscal year. 1381 4. The aggregate sum of undergraduate tuition and fees per 1382 credit hour, including the tuition differential, may not exceed 1383 the national average of undergraduate tuition and fees at 4-year 1384 degree-granting public postsecondary educational institutions. 1385 5. The tuition differential shall not be included in any 1386 award under the Florida Bright Futures Scholarship Program 1387 established pursuant tomay not be calculated as a part of the1388scholarship programs established inss. 1009.53-1009.538. 1389 6. Beneficiaries having prepaid tuition contracts pursuant 1390 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and 1391 which remain in effect, are exempt from the payment of the 1392 tuition differential. 1393 7. The tuition differential may not be charged to any 1394 student who was in attendance at the university before July 1, 1395 2007, and who maintains continuous enrollment. 1396 8. The tuition differential may be waived by the university 1397 for students who meet the eligibility requirements for the 1398 Florida public student assistance grant established in s. 1399 1009.50. 1400 9. Subject to approval by the Board of Governors, the 1401 tuition differential authorized pursuant to this subsection may 1402 take effect with the 2009 fall term. 1403 (c) A university board of trustees may submit a proposal to 1404 the Board of Governors to implement a tuition differential for 1405 one or more undergraduate courses. At a minimum, the proposal 1406 shall: 1407 1. Identify the course or courses for which the tuition 1408 differential will be assessed. 1409 2. Indicate the amount that will be assessed for each 1410 tuition differential proposed. 1411 3. Indicate the purpose of the tuition differential. 1412 4. Indicate how the revenues from the tuition differential 1413 will be used. 1414 5. Indicate how the university will monitor the success of 1415 the tuition differential in achieving the purpose for which the 1416 tuition differential is being assessed. 1417 (d) The Board of Governors shall review each proposal and 1418 advise the university board of trustees of approval of the 1419 proposal, the need for additional information or revision to the 1420 proposal, or denial of the proposal. The Board of Governors 1421 shall establish a process for any university to revise a 1422 proposal or appeal a decision of the board. 1423 (e) The Board of Governors shall submit a report to the 1424 President of the Senate, the Speaker of the House of 1425 Representatives, and the Governor describing the implementation 1426 of the provisions of this subsection no later than January 1, 1427 2010, and no later than January 1 each year thereafter. The 1428 report shall summarize proposals received by the board during 1429 the preceding fiscal year and actions taken by the board in 1430 response to such proposals. In addition, the report shall 1431 provide the following information for each university that has 1432 been approved by the board to assess a tuition differential: 1433 1. The course or courses for which the tuition differential 1434 was assessed and the amount assessed. 1435 2. The total revenues generated by the tuition 1436 differential. 1437 3. With respect to waivers authorized under subparagraph 1438 (b)8., the number of students eligible for a waiver, the number 1439 of students receiving a waiver, and the value of waivers 1440 provided. 1441 4. Detailed expenditures of the revenues generated by the 1442 tuition differential. 1443 5. Changes in retention rates, graduation rates, the 1444 percentage of students graduating with more than 110 percent of 1445 the hours required for graduation, pass rates on licensure 1446 examinations, the number of undergraduate course offerings, the 1447 percentage of undergraduate students who are taught by faculty, 1448 student-faculty ratios, and the average salaries of faculty who 1449 teach undergraduate courses. 1450 (f) No state university shall be required to lower any 1451 tuition differential that was approved by the Board of Governors 1452 and in effect prior to January 1, 2009, in order to comply with 1453 the provisions of this subsection. 1454 (17)(a) A state university may assess a student who enrolls 1455 in a course listed in the Florida Higher Education Distance 1456 Learning Catalog, established pursuant to s. 1004.09, a per 1457 credit-hour distance learning course fee. For purposes of 1458 assessing this fee, a distance learning course is a course in 1459 which at least 80 percent of the direct instruction of the 1460 course is delivered using some form of technology when the 1461 student and instructor are separated by time or space, or both. 1462 (b) The amount of the distance learning course fee may not 1463 exceed the additional costs of the services provided which are 1464 attributable to the development and delivery of the distance 1465 learning course. If the distance learning course fee is assessed 1466 by a state university, the institution may not assess 1467 duplicative fees to cover the additional costs. 1468 (c) The link for the catalog must be prominently displayed 1469 within the advising and distance learning sections of the 1470 institution’s website, using a graphic and description provided 1471 by the Florida Distance Learning Consortium, informing students 1472 of the catalog. 1473 (18) A state university may not charge any fee except as 1474 specifically authorized by law. 1475 (19) The Board of Governors shall adopt regulations to 1476 implement the provisions of this section. 1477 Section 22. Subsection (9) of section 1009.26, Florida 1478 Statutes, is amended to read: 1479 1009.26 Fee waivers.— 1480 (9) Each university board of trustees is authorized to 1481 waive tuition and out-of-state fees for purposes that support 1482 and enhance the mission of the university. All fees waived must 1483 be based on policies that are adopted by university boards of 1484 trustees pursuant to regulationsrulesadopted by the Board of 1485 Governors. Each university shall report the purpose, number, and 1486 value of all fee waivers granted annually in a format prescribed 1487 by the Board of Governors. 1488 Section 23. Paragraph (b) of subsection (1) and paragraph 1489 (b) of subsection (4) of section 1010.04, Florida Statutes, are 1490 amended to read: 1491 1010.04 Purchasing.— 1492 (1) 1493 (b) Purchases and leases by state universities shall comply 1494 with the requirements of law and regulationsrulesof the Board 1495 of Governors. 1496 (4) 1497 (b) The Board of Governors may, by regulationrule, provide 1498 for alternative procedures for state universities for bidding or 1499 purchasing in cases in which the character of the item requested 1500 renders competitive bidding impractical. 1501 Section 24. Subsection (1) of section 1010.62, Florida 1502 Statutes, is amended to read: 1503 1010.62 Revenue bonds and debt.— 1504 (1) As used in this section, the term: 1505 (a) “Auxiliary enterprise” means any activity defined in s. 1506 1011.47(1) and performed by a university or a direct-support 1507 organization. 1508 (b)(a)“Capital outlay project” means: 1509 1. Any project to acquire, construct, improve, or change 1510 the functional use of land, buildings, and other facilities, 1511 including furniture and equipment necessary to operate a new or 1512 improved building or facility. 1513 2. Any other acquisition of equipment or software. 1514 (c)(b)“Debt” means bonds, except revenue bonds as defined 1515 in paragraph (e)(d), loans, promissory notes, lease-purchase 1516 agreements, certificates of participation, installment sales, 1517 leases, or any other financing mechanism or financial 1518 arrangement, whether or not a debt for legal purposes, for 1519 financing or refinancing for or on behalf of a state university 1520 or a direct-support organization or for the acquisition, 1521 construction, improvement, or purchase of capital outlay 1522 projects. 1523 (d)(c)“Direct-support organization” means an organization 1524 created pursuant to s. 1004.28 or any entity specifically 1525 established to incur debt. 1526 (e)(d)“Revenue bonds” means any obligation that 1527 constitutes a revenue bond pursuant to s. 11(d), Art. VII of the 1528 State Constitution. 1529 Section 25. Section 1011.43, Florida Statutes, is amended 1530 to read: 1531 1011.43 Investment of university agency and activity funds; 1532 earnings used for scholarships.—Each university is authorized to 1533 invest available agency and activity funds and to use the 1534 earnings from such investments for student scholarships and 1535 loans. The university board of trustees shall provide procedures 1536 for the administration of these scholarships and loans by 1537 regulationsrules. 1538 Section 26. Subsection (4) of section 1011.90, Florida 1539 Statutes, is amended to read: 1540 1011.90 State university funding.— 1541 (4) The Board of Governors shall establish and validate a 1542 cost-estimating system consistent with the requirements of 1543 subsection (1) and shall report as part of its legislative 1544 budget request the actual expenditures for the fiscal year 1545 ending the previous June 30. Expenditure analysis, operating 1546 budgets, and annual financial statements of each university must 1547 be prepared using the standard financial reporting procedures 1548 and formats prescribed by the Board of Governors. These formats 1549 shall be the same as used for the 2000-2001 fiscal year reports. 1550 Any revisions to these financial and reporting procedures and 1551 formats must be approved by the Executive Office of the Governor 1552 and the appropriations committees of the Legislature jointly 1553 under the provisions of s. 216.023(3). The Board of Governors 1554 shall continue to collect and maintain at a minimumthe1555 management informationdatabasesexisting on June 30, 2002. The 1556 expenditure analysis report shall include total expenditures 1557 from all sources for the general operation of the university and 1558 shall be in such detail as needed to support the legislative 1559 budget request. 1560 Section 27. Paragraph (b) of subsection (2) of section 1561 1013.02, Florida Statutes, is amended to read: 1562 1013.02 Purpose; rules and regulations.— 1563 (2) 1564 (b) The Board of Governors shall adopt regulations pursuant 1565 to its regulation development procedurerules pursuant to ss.1566120.536(1) and120.54to implement the provisions of this 1567 chapter for state universities. 1568 Section 28. Section 1013.10, Florida Statutes, is amended 1569 to read: 1570 1013.10 Use of buildings and grounds.—The board may permit 1571 the use of educational facilities and grounds for any legal 1572 assembly or for community use centers or may permit the same to 1573 be used as voting places in any primary, regular, or special 1574 election. The board shall adopt rules, regulations, or policies 1575 and procedures necessary to protect educational facilities and 1576 grounds when used for such purposes. 1577 Section 29. Paragraph (b) of subsection (5) of section 1578 1013.12, Florida Statutes, is amended to read: 1579 1013.12 Casualty, safety, sanitation, and firesafety 1580 standards and inspection of property.— 1581 (5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION 1582 FACILITIES.— 1583 (b) Firesafety inspections of state universities shall 1584 comply with regulationsrulesof the Board of Governors. 1585 Section 30. Paragraph (b) of subsection (1) of section 1586 1013.28, Florida Statutes, is amended to read: 1587 1013.28 Disposal of property.— 1588 (1) REAL PROPERTY.— 1589 (b) Subject to regulationsrulesof the Board of Governors, 1590 a state university board of trustees may dispose of any land or 1591 real property to which it holds valid title which is, by 1592 resolution of the state university board of trustees, determined 1593 to be unnecessary for educational purposes as recommended in an 1594 educational plant survey. A state university board of trustees 1595 shall take diligent measures to dispose of educational property 1596 only in the best interests of the public. However, appraisals 1597 may be obtained by the state university board of trustees prior 1598 to or simultaneously with the receipt of bids. 1599 Section 31. Subsection (22) of section 1013.30, Florida 1600 Statutes, is amended to read: 1601 1013.30 University campus master plans and campus 1602 development agreements.— 1603 (22) In consultation with the state land planning agency, 1604 the Board of Governors shall adopt a single, uniform set of 1605 regulationsrulesto administer subsections (3)-(6). The 1606 regulationsrulesmust set specific schedules and procedures for 1607 the development and adoption of campus master plans. Before 1608 adopting the regulationsrules, the Board of Governors must 1609 obtain written verification from the state land planning agency 1610 that the regulationsrulessatisfy the minimum statutory 1611 criteria required by subsections (3)-(6). The state land 1612 planning agency shall provide the verification within 45 days 1613 after receiving a copy of the regulationsrules. 1614 Section 32. Paragraph (b) of subsection (1) of section 1615 1013.31, Florida Statutes, is amended to read: 1616 1013.31 Educational plant survey; localized need 1617 assessment; PECO project funding.— 1618 (1) At least every 5 years, each board shall arrange for an 1619 educational plant survey, to aid in formulating plans for 1620 housing the educational program and student population, faculty, 1621 administrators, staff, and auxiliary and ancillary services of 1622 the district or campus, including consideration of the local 1623 comprehensive plan. The Department of Education shall document 1624 the need for additional career and adult education programs and 1625 the continuation of existing programs before facility 1626 construction or renovation related to career or adult education 1627 may be included in the educational plant survey of a school 1628 district or community college that delivers career or adult 1629 education programs. Information used by the Department of 1630 Education to establish facility needs must include, but need not 1631 be limited to, labor market data, needs analysis, and 1632 information submitted by the school district or community 1633 college. 1634 (b) Required need assessment criteria for district, 1635 community college, state university, and Florida School for the 1636 Deaf and the Blind plant surveys.—Educational plant surveys must 1637 use uniform data sources and criteria specified in this 1638 paragraph. Each revised educational plant survey and each new 1639 educational plant survey supersedes previous surveys. 1640 1. The school district’s survey must be submitted as a part 1641 of the district educational facilities plan defined in s. 1642 1013.35. To ensure that the data reported to the Department of 1643 Education as required by this section is correct, the department 1644 shall annually conduct an onsite review of 5 percent of the 1645 facilities reported for each school district completing a new 1646 survey that year. If the department’s review finds the data 1647 reported by a district is less than 95 percent accurate, within 1648 1 year from the time of notification by the department the 1649 district must submit revised reports correcting its data. If a 1650 district fails to correct its reports, the commissioner may 1651 direct that future fixed capital outlay funds be withheld until 1652 such time as the district has corrected its reports so that they 1653 are not less than 95 percent accurate. 1654 2. Each survey of a special facility, joint-use facility, 1655 or cooperative career education facility must be based on 1656 capital outlay full-time equivalent student enrollment data 1657 prepared by the department for school districts and community 1658 colleges and by the Chancellor of the State University System 1659 for universities. A survey of space needs of a joint-use 1660 facility shall be based upon the respective space needs of the 1661 school districts, community colleges, and universities, as 1662 appropriate. Projections of a school district’s facility space 1663 needs may not exceed the norm space and occupant design criteria 1664 established by the State Requirements for Educational 1665 Facilities. 1666 3. Each community college’s survey must reflect the 1667 capacity of existing facilities as specified in the inventory 1668 maintained by the Department of Education. Projections of 1669 facility space needs must comply with standards for determining 1670 space needs as specified by rule of the State Board of 1671 Education. The 5-year projection of capital outlay student 1672 enrollment must be consistent with the annual report of capital 1673 outlay full-time student enrollment prepared by the Department 1674 of Education. 1675 4. Each state university’s survey must reflect the capacity 1676 of existing facilities as specified in the inventory maintained 1677 and validated by the Chancellor of the State University System. 1678 Projections of facility space needs must be consistent with 1679 standards for determining space needs as specified by regulation 1680ruleof the Board of Governors. The projected capital outlay 1681 full-time equivalent student enrollment must be consistent with 1682 the 5-year planned enrollment cycle for the State University 1683 System approved by the Board of Governors. 1684 5. The district educational facilities plan of a school 1685 district and the educational plant survey of a community 1686 college, state university, or the Florida School for the Deaf 1687 and the Blind may include space needs that deviate from approved 1688 standards for determining space needs if the deviation is 1689 justified by the district or institution and approved by the 1690 department or the Board of Governors, as appropriate, as 1691 necessary for the delivery of an approved educational program. 1692 Section 33. Section 1013.47, Florida Statutes, is amended 1693 to read: 1694 1013.47 Substance of contract; contractors to give bond; 1695 penalties.—Each board shall develop contracts consistent with 1696 this chapter and statutes governing public facilities. Such a 1697 contract must contain the drawings and specifications of the 1698 work to be done and the material to be furnished, the time limit 1699 in which the construction is to be completed, the time and 1700 method by which payments are to be made upon the contract, and 1701 the penalty to be paid by the contractor for any failure to 1702 comply with the terms of the contract. The board may require the 1703 contractor to pay a penalty for any failure to comply with the 1704 terms of the contract and may provide an incentive for early 1705 completion. Upon accepting a satisfactory bid, the board shall 1706 enter into a contract with the party or parties whose bid has 1707 been accepted. The contractor shall furnish the board with a 1708 performance and payment bond as set forth in s. 255.05. A board 1709 or other public entity may not require a contractor to secure a 1710 surety bond under s. 255.05 from a specific agent or bonding 1711 company. Notwithstanding any other provision of this section, if 1712 25 percent or more of the costs of any construction project is 1713 paid out of a trust fund established pursuant to 31 U.S.C. s. 1714 1243(a)(1), laborers and mechanics employed by contractors or 1715 subcontractors on such construction will be paid wages not less 1716 than those prevailing on similar construction projects in the 1717 locality, as determined by the Secretary of Labor in accordance 1718 with the Davis-Bacon Act, as amended. A person, firm, or 1719 corporation that constructs any part of any educational plant, 1720 or addition thereto, on the basis of any unapproved plans or in 1721 violation of any plans approved in accordance with the 1722 provisions of this chapter and rules of the State Board of 1723 Education or regulations of the Board of Governors relating to 1724 building standards or specifications is subject to forfeiture of 1725 bond and unpaid compensation in an amount sufficient to 1726 reimburse the board for any costs that will need to be incurred 1727 in making any changes necessary to assure that all requirements 1728 are met and is also guilty of a misdemeanor of the second 1729 degree, punishable as provided in s. 775.082 or s. 775.083, for 1730 each separate violation. 1731 Section 34. Subsection (3) of section 1013.74, Florida 1732 Statutes, is amended to read: 1733 1013.74 University authorization for fixed capital outlay 1734 projects.— 1735 (3) Other than those projects currently authorized, no 1736 project proposed by a university which is to be funded from 1737 Capital Improvement Trust Fund fees or building fees shall be 1738 submitted to the Board of Governors for approval without prior 1739 consultation with the student government association of that 1740 university. The Board of Governors may adopt regulationsrules1741 which are consistent with this requirement. 1742 Section 35. (1) Sections 1001.74, 1004.21, 1004.38, 1743 1004.381, 1004.3811, 1004.382, 1004.383, 1004.386, and 1004.64, 1744 Florida Statutes, and subsection (13) of section 1004.22, 1745 Florida Statutes, are repealed. 1746 (2) It is the intent of the Legislature that the repeal of 1747 sections 1004.38, 1004.381, 1004.3811, 1004.382, 1004.383, 1748 1004.386, and 1004.64, Florida Statutes, by this act is to 1749 remove existing statutory authority that is no longer necessary 1750 for the degree programs and entities that were authorized under 1751 those provisions and does not affect the authority of a state 1752 university or the Board of Governors of the State University 1753 System to continue such programs and entities. 1754 Section 36. Each state university shall identify and submit 1755 to the Board of Governors a list of rules published in Titles 1756 6C1, 6C2, 6C3, 6C4, 6C5, 6C6, 6C7, 6C8, 6C9, 6C10, and 6C11, 1757 Florida Administrative Code, that have been superseded by 1758 regulations adopted by the Board of Governors or the university 1759 board of trustees pursuant to authority under s. 7, Art. IX of 1760 the State Constitution or for which specific statutory authority 1761 to adopt such regulations has been provided under this act. The 1762 Board of Governors shall confirm that the information provided 1763 complies with the provisions of this section and forward the 1764 information to the Department of State along with any rules of 1765 the Board of Governors published in Title 6C that meet the same 1766 criteria. The Department of State may remove from the Florida 1767 Administrative Code on or before June 30, 2011, any rule of a 1768 state university or the Board of Governors that derives purely 1769 from constitutional authority or for which statutory authority 1770 to adopt regulations instead of rules has been provided. If the 1771 Department of State removes a rule from the Florida 1772 Administrative Code pursuant to this section, it shall place a 1773 history note at the rule number indicating the action taken and 1774 referencing this section. 1775 Section 37. This act shall take effect July 1, 2010.