Bill Text: FL S1786 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 1786 By the Committee on Higher Education; and Senator Oelrich 589-04754-10 20101786c1 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; revising the Board 40 of Governors’ powers and duties relating to 41 accountability and personnel; providing legislative 42 intent that the Board of Governors align the missions 43 of universities with certain factors; providing 44 requirements for a mission alignment and strategic 45 plan; affording opportunities to certain universities; 46 amending s. 1001.72, F.S.; providing that the board of 47 trustees is the university’s contracting agent; 48 creating s. 1004.015, F.S.; creating the Higher 49 Education Coordinating Council; providing for 50 membership; providing guiding principles for council 51 recommendations to the Legislature, State Board of 52 Education, and Board of Governors; amending s. 53 1004.03, F.S.; revising provisions relating to review 54 and approval of new programs at state universities by 55 the Board of Governors; requiring an annual report of 56 the review of proposed new programs; eliminating the 57 requirement that certain programs be approved by the 58 Legislature; amending s. 1004.07, F.S.; requiring the 59 Board of Governors to adopt regulations rather than 60 rules relating to student withdrawal from courses due 61 to military service; amending s. 1006.54, F.S.; 62 requiring university boards of trustees to adopt 63 regulations rather than rules relating to documents 64 distributed to libraries; amending s. 1006.60, F.S.; 65 revising provisions relating to state university codes 66 of conduct to authorize the adoption of regulations 67 rather than rules; amending s. 1006.65, F.S.; 68 requiring the Board of Governors to adopt regulations 69 rather than rules relating to safety issues in courses 70 offered by state universities; amending ss. 1007.264 71 and 1007.265, F.S.; requiring the Board of Governors 72 to adopt regulations rather than rules relating to 73 admission and graduation requirements for students 74 with disabilities; amending s. 1009.24, F.S.; 75 reorganizing certain provisions of law relating to 76 state university student fees; authorizing the Board 77 of Governors to approve flexible tuition policies 78 requested by a university board of trustees; providing 79 that certain fees be based on reasonable costs of 80 services and used for certain purposes; authorizing 81 the Board of Governors to approve a proposal from a 82 university board of trustees to establish a new 83 student fee, increase the cap for an existing fee, or 84 implement flexible tuition policies; providing 85 guidelines for review of proposals; requiring an 86 annual report; prohibiting certain fees from exceeding 87 a specified amount, being included in certain 88 scholarship awards, and being used for certain 89 purposes; requiring a fee committee to make 90 recommendations relating to a new fee; providing 91 restrictions on fee increases; requiring the Board of 92 Governors to adopt regulations; amending s. 1009.26, 93 F.S.; requiring the Board of Governors to adopt 94 regulations rather than rules relating to fee waivers; 95 amending s. 1010.04, F.S.; providing that the Board of 96 Governors shall adopt regulations rather than rules 97 for purchases and leases; amending s. 1010.62, F.S.; 98 defining the term “auxiliary enterprise” for purposes 99 of revenue bonds and debt; amending s. 1011.43, F.S.; 100 requiring university boards of trustees to adopt 101 regulations rather than rules for administration of 102 certain scholarships and loans; amending s. 1011.90, 103 F.S.; revising provisions relating to management 104 information maintained by the Board of Governors; 105 amending s. 1013.02, F.S.; requiring the Board of 106 Governors to adopt regulations rather than rules to 107 implement provisions of law relating to educational 108 facilities; amending s. 1013.10, F.S.; providing for 109 university board of trustee regulations for the use of 110 educational buildings and grounds; amending ss. 111 1013.12 and 1013.28, F.S.; requiring the Board of 112 Governors to adopt regulations rather than rules 113 relating to firesafety inspections and disposal of 114 real property; amending s. 1013.30, F.S.; requiring 115 the Board of Governors to adopt regulations rather 116 than rules relating to university campus master plans; 117 amending s. 1013.31, F.S.; requiring the Board of 118 Governors to adopt regulations rather than rules for 119 determining facility space needs; amending s. 1013.47, 120 F.S.; requiring the Board of Governors to adopt 121 regulations rather than rules relating to building 122 standards; amending s. 1013.74, F.S.; authorizing the 123 Board of Governors to adopt regulations rather than 124 rules relating to authorization for fixed capital 125 outlay projects; repealing s. 1001.74, F.S., relating 126 to powers and duties of university boards of trustees; 127 repealing s. 1004.21, F.S., relating to general 128 provisions for state universities; repealing s. 129 1004.22(13), F.S., relating to rulemaking by a 130 university board of trustees with respect to divisions 131 of sponsored research; repealing s. 1004.38, F.S., 132 relating to the master of science program in speech 133 language pathology at Florida International 134 University; repealing s. 1004.381, F.S., relating to 135 the bachelor of science nursing degree program at the 136 University of West Florida; repealing s. 1004.3811, 137 F.S., relating to the master of science degree 138 programs in nursing and social work at the University 139 of West Florida; repealing s. 1004.382, F.S., relating 140 to the master’s in social work program at Florida 141 Atlantic University; repealing s. 1004.383, F.S., 142 relating to a chiropractic medicine degree program at 143 Florida State University; repealing s. 1004.386, F.S., 144 relating to a bachelor of science degree program in 145 long-term care administration at Florida Gulf Coast 146 University; repealing s. 1004.64, F.S., relating to 147 the School of Engineering at Florida Gulf Coast 148 University and specified bachelor’s degrees; providing 149 legislative intent for the repeal of certain sections; 150 requiring each state university to identify and submit 151 to the Board of Governors a list of certain rules that 152 have been superseded by regulations; providing for 153 submission of such rules and certain rules of the 154 Board of Governors to the Department of State; 155 authorizing the Department of State to remove rules 156 from the Florida Administrative Code; providing an 157 effective date. 158 159 Be It Enacted by the Legislature of the State of Florida: 160 161 Section 1. Subsection (5) of section 110.181, Florida 162 Statutes, is amended to read: 163 110.181 Florida State Employees’ Charitable Campaign.— 164 (5) PARTICIPATION OF STATE UNIVERSITIES.—Each university 165 may elect to participate in the Florida State Employees’ 166 Charitable Campaign, upon timely notice to the department. Each 167 university may also conduct annual charitable fundraising drives 168 for employees under the authority granted in s.ss.1001.706and1691001.74. 170 Section 2. Subsection (5) of section 112.19, Florida 171 Statutes, is amended to read: 172 112.19 Law enforcement, correctional, and correctional 173 probation officers; death benefits.— 174 (5) The State Board of Educationor the Board of Governors,175as appropriate,shall adopt rules and procedures, and the Board 176 of Governors shall adopt regulations and procedures, as are 177 appropriate and necessary to implement the educational benefits 178 provisions of this section. 179 Section 3. Subsection (5) of section 112.191, Florida 180 Statutes, is amended to read: 181 112.191 Firefighters; death benefits.— 182 (5) The State Board of Educationor the Board of Governors,183as appropriate,shall adopt rules and procedures, and the Board 184 of Governors shall adopt regulations and procedures, as are 185 appropriate and necessary to implement the educational benefits 186 provisions of this section. 187 Section 4. Paragraph (e) of subsection (1) of section 188 120.81, Florida Statutes, is amended to read: 189 120.81 Exceptions and special requirements; general areas.— 190 (1) EDUCATIONAL UNITS.— 191 (e) Educational units, other thanthe state universities192andthe Florida School for the Deaf and the Blind, shall not be 193 required to make filings with the committee of the documents 194 required to be filed by s. 120.54 or s. 120.55(1)(a)4. 195 Section 5. Subsections (1) and (26) of section 282.0041, 196 Florida Statutes, are amended to read: 197 282.0041 Definitions.—As used in this chapter, the term: 198 (1) “Agency” has the same meaning as in s. 216.011(1)(qq), 199 except that for purposes of this chapter, “agency” does not 200 include university boards of trustees or state universities. 201 (26) “Total cost” means all costs associated with 202 information technology projects or initiatives, including, but 203 not limited to, value of hardware, software, service, 204 maintenance, incremental personnel, and facilities. Total cost 205 of a loan or gift of information technology resources to an 206 agency includes the fair market value of the resources; however,207the total cost of loans or gifts of information technology to208state universities to be used in instruction or research does209not include fair market value. 210 Section 6. Subsections (1) and (3) of section 282.703, 211 Florida Statutes, are amended, and subsection (4) is added to 212 that section, to read: 213 282.703 SUNCOM Network; exemptions from the required use.— 214 (1) There is created within the department the SUNCOM 215 Network, which shall be developed to serve as the state 216 communications system for providing local and long-distance 217 communications services to state agencies, political 218 subdivisions of the state, municipalities,state universities,219 and nonprofit corporations pursuant to this part. The SUNCOM 220 Network shall be developed to transmit all types of 221 communications signals, including, but not limited to, voice, 222 data, video, image, and radio. State agencies shall cooperate 223 and assist in the development and joint use of communications 224 systems and services. 225 (3) All state agenciesand state universitiesshall use the 226 SUNCOM Network for agencyand state universitycommunications 227 services as the services become available; however, no agencyor228universityis relieved of responsibility for maintaining 229 communications services necessary for effective management of 230 its programs and functions. The department may provide such 231 communications services to a state university if requested by 232 the university. If a SUNCOM Network service does not meet the 233 communications requirements of an agencyor university, the 234 agencyor universityshall notify the department in writing and 235 detail the requirements for that communications service. If the 236 department is unable to meet an agency’sor university’s237 requirements by enhancing SUNCOM Network service, the department 238 may grant the agencyor universityan exemption from the 239 required use of specified SUNCOM Network services. 240 (4) This section may not be construed to require a state 241 university to use SUNCOM Network communication services. 242 Section 7. Section 282.706, Florida Statutes, is amended to 243 read: 244 282.706 Use of SUNCOM Network by libraries.—The department 245 may provide SUNCOM Network services to any library in the state, 246 including libraries in public schools, community colleges, state 247 universities, and nonprofit private postsecondary educational 248 institutions, and libraries owned and operated by municipalities 249 and political subdivisions. This section may not be construed to 250 require a state university library to use SUNCOM Network 251 services. 252 Section 8. Subsection (1) of section 287.064, Florida 253 Statutes, is amended to read: 254 287.064 Consolidated financing of deferred-payment 255 purchases.— 256 (1) The Division of Bond Finance of the State Board of 257 Administration and the Chief Financial Officer shall plan and 258 coordinate deferred-payment purchases made by or on behalf of 259 the state or its agencies or by or on behalf of state 260 universities or state community colleges participating under 261 this section pursuant to s. 1001.706(7)s.1001.74(6)or s. 262 1001.64(26), respectively. The Division of Bond Finance shall 263 negotiate and the Chief Financial Officer shall execute 264 agreements and contracts to establish master equipment financing 265 agreements for consolidated financing of deferred-payment, 266 installment sale, or lease purchases with a financial 267 institution or a consortium of financial institutions. As used 268 in this act, the term “deferred-payment” includes installment 269 sale and lease-purchase. 270 (a) The period during which equipment may be acquired under 271 any one master equipment financing agreement shall be limited to 272 not more than 3 years. 273 (b) Repayment of the whole or a part of the funds drawn 274 pursuant to the master equipment financing agreement may 275 continue beyond the period established pursuant to paragraph 276 (a). 277 (c) The interest rate component of any master equipment 278 financing agreement shall be deemed to comply with the interest 279 rate limitation imposed in s. 287.063 so long as the interest 280 rate component of every interagency, state university, or 281 community college agreement entered into under such master 282 equipment financing agreement complies with the interest rate 283 limitation imposed in s. 287.063. Such interest rate limitation 284 does not apply when the payment obligation under the master 285 equipment financing agreement is rated by a nationally 286 recognized rating service in any one of the three highest 287 classifications, which rating services and classifications are 288 determined pursuant to rules adopted by the Chief Financial 289 Officer. 290 Section 9. Paragraph (b) of subsection (5) of section 291 1000.05, Florida Statutes, is amended to read: 292 1000.05 Discrimination against students and employees in 293 the Florida K-20 public education system prohibited; equality of 294 access required.— 295 (5) 296 (b) The Board of Governors shall adopt regulationsrulesto 297 implement this section as it relates to state universities. 298 Section 10. Section 1001.705, Florida Statutes, is amended 299 to read: 300 1001.705 Responsibility for the State University System 301 under s. 7, Art. IX of the State Constitution; legislative302finding and intent.— 303(1) LEGISLATIVE FINDINGS.—304 (1)(a)DEFINITIONS.—For purposes of this act, the term: 305 (a)1.“Board of Governors” as it relates to the State 306 University System and as used in s. 7, Art. IX of the State 307 Constitution and Title XLVIII and other sections of the Florida 308 Statutes is the Board of Governors of the State University 309 System which belongs to and is part of the executive branch of 310 state government. 311 (b)2.“Institutions of higher learning” as used in the 312 State Constitution and the Florida Statutes includes publicly 313 funded state universities. 314 (c)3.“Public officer” as used in the Florida Statutes 315 includes members of the Board of Governors. 316 (d)4.“State university” or “state universities” as used in 317 the State Constitution and the Florida Statutes are agencies of 318 the state which belong to and are part of the executive branch 319 of state government. This definition of state universities as 320 state agencies is only for the purposes of the delineation of 321 constitutional lines of authority. Statutory exemptions for 322 state universities from statutory provisions relating to state 323 agencies that are in effect on the effective date of this act 324 remain in effect and are not repealed by virtue of this 325 definition of state universities. 326 (2)(b)CONSTITUTIONAL DUTIES OF THE BOARD OF GOVERNORS OF 327 THE STATE UNIVERSITY SYSTEM.—In accordance with s. 7, Art. IX of 328 the State Constitution, the Board of Governors of the State 329 University System has the duty to operate, regulate, control, 330 and be fully responsible for the management of the whole 331 publicly funded State University System and the board, or the 332 board’s designee, has responsibility for: 333 (a)1.Defining the distinctive mission of each constituent 334 university. 335 (b)2.Defining the articulation of each constituent 336 university in conjunction with the Legislature’s authority over 337 the public schools and community colleges. 338 (c)3.Ensuring the well-planned coordination and operation 339 of the State University System. 340 (d)4.Avoiding wasteful duplication of facilities or 341 programs within the State University System. 342 (e)5.Accounting for expenditure of funds appropriated by 343 the Legislature for the State University System as provided by 344 law. 345 (f)6.Submitting a budget request for legislative 346 appropriations for the institutions under the supervision of the 347 board as provided by law. 348 (g)7.Adopting strategic plans for the State University 349 System and each constituent university. 350 (h)8.Approving, reviewing, and terminating degree programs 351 of the State University System. 352 (i)9.Governing admissions to the state universities. 353 (j)10.Serving as the public employer to all public 354 employees of state universities for collective bargaining 355 purposes. 356 (k)11.Establishing a personnel system for all state 357 university employees; however, the Department of Management 358 Services shall retain authority over state university employees 359 for programs established in ss. 110.123, 110.1232, 110.1234, 360 110.1238, and 110.161, and in chapters 121, 122, and 238. 361 (l)12.Complying with, and enforcing for institutions under 362 the board’s jurisdiction, all applicable local, state, and 363 federal laws. 364 (3)(c)CONSTITUTIONAL DUTIES OF THE LEGISLATURE.—In 365 accordance with s. 3, Art. II of the State Constitution, which 366 establishes the separation of powers of three branches of 367 government; s. 1, Art. III of the State Constitution, which 368 vests the legislative power of the state in the Legislature; s. 369 8, Art. III of the State Constitution, which provides the 370 exclusive executive veto power of the Governor and the exclusive 371 veto override power of the Legislature; s. 19, Art. III of the 372 State Constitution, which requires the Legislature to enact 373 state planning and budget processes and requirements for budget 374 requests by general law; s. 1, Art. VII of the State 375 Constitution, which requires that the authority to expend state 376 funds be by general law enacted by the Legislature; and s. 1, 377 Art. IX of the State Constitution, which requires the 378 Legislature to make adequate provision by law for the 379 “establishment, maintenance, and operation of institutions of 380 higher learning,” the Legislature has the following 381 responsibilities: 382 (a)1.Making provision by law for the establishment, 383 maintenance, and operation of institutions of higher learning 384 and other public education programs that the needs of the people 385 may require. 386 (b)2.Appropriating all state funds through the General 387 Appropriations Act or other law. 388 (c)3.Establishing tuition and fees. 389 (d)4.Establishing policies relating to merit and need 390 based student financial aid. 391 (e)5.Establishing policies relating to expenditure of, 392 accountability for, and management of funds appropriated by the 393 Legislature or revenues authorized by the Legislature. This 394 includes, but is not limited to, policies relating to: 395 budgeting; deposit of funds; investments; accounting; 396 purchasing, procurement, and contracting; insurance; audits; 397 maintenance and construction of facilities; property; bond 398 financing; leasing; and information reporting. 399 (f)6.Maintaining the actuarial and fiscal soundness of 400 centrally administered state systems by requiring state 401 universities to continue to participate in programs such as the 402 Florida Retirement System, the state group health insurance 403 programs,the state telecommunications and data network404(SUNCOM),and the state casualty insurance program. 405 (g)7.Establishing and regulating the use of state powers 406 and protections, including, but not limited to, eminent domain, 407 certified law enforcement, and sovereign immunity. 408 (h)8.Establishing policies relating to the health, safety, 409 and welfare of students, employees, and the public while present 410 on the campuses of institutions of higher learning. 411(2) LEGISLATIVE INTENT.—It is the intent of the Legislature412to reenact laws relating to the Board of Governors of the State413University System, the university boards of trustees, the State414Board of Education, and the postsecondary education system in415accordance with the findings of this act.416 Section 11. Section 1001.706, Florida Statutes, is amended 417 to read: 418 1001.706 Powers and duties of the Board of Governors.— 419 (1) GENERAL PROVISIONS.— 420(a)For each constituent university, the Board of 421 Governors, or the board’s designee, shall be responsible for 422 cost-effective policy decisions appropriate to the university’s 423 mission, the implementation and maintenance of high-quality 424 education programs within law, the measurement of performance, 425 the reporting of information, and the provision of input 426 regarding state policy, budgeting, and education standards. 427 (2) REGULATORY AUTHORITY.— 428 (a) Pursuant to s. 7, Art. IX of the State Constitution, 429 the Board of Governors has the authority to regulate the State 430 University System and may adopt a regulation development 431 procedure for the Board of Governors and the university boards 432 of trustees to use in implementing their constitutional duties 433 and responsibilities. 434 (b) The Board of Governors shall be subject to the 435 provisions ofadopt rules pursuant tochapter 120 when acting 436 pursuant to statutory authority derived from the Legislature, 437 except that.the Board of Governors may adopt regulations if 438 expressly authorized or required by lawrules pursuant to439chapter 120 when exercising the powers, duties, and authority440granted by s. 7, Art. IX of the State Constitution. Such 441 regulations must be adopted pursuant to a development procedure 442 that complies with paragraph (c). If the Board of Governors 443 delegates a power or duty to a university board of trustees as 444 the designee, the authority to adopt rules or regulations is 445 included in the delegation. If the Board of Governors delegates 446 a statutory power or duty to a university board of trustees, the 447 university board of trustees shall be subject to the provisions 448 of chapter 120 but may adopt regulations to the same extent as 449 the Board of Governors under this subsection. 450 (c) The development procedure for regulations authorized or 451 required by law must provide for notice to the public of, and an 452 opportunity for public comment on, the proposed adoption, 453 amendment, or repeal of a regulation; a process for a 454 substantially affected person to challenge a statement of 455 general applicability that has not been properly adopted as a 456 regulation; a process for a substantially affected person to 457 challenge an unlawful regulation; and a process for the adoption 458 of and challenges to emergency regulations that are necessary to 459 protect the public interest in the emergency. The regulation 460 development procedure shall be published prominently on the 461 websites of the Board of Governors and the state universities. 462 (3)(2)POWERS AND DUTIES RELATING TO ORGANIZATION AND 463 OPERATION OF STATE UNIVERSITIES.— 464 (a) The Board of Governors, or the board’s designee, shall 465 develop guidelines and procedures related to data and 466 technology, including information systems, communications 467 systems, computer hardware and software, and networks. 468 (b) The Board of Governors shall develop guidelines 469 relating to divisions of sponsored research, pursuant to the 470 provisions of s. 1004.22, to serve the function of 471 administration and promotion of the programs of research. 472 (c) The Board of Governors shall prescribe conditions for 473 direct-support organizations and university health services 474 support organizations to be certified and to use university 475 property and services. Conditions relating to certification must 476 provide for audit review and oversight by the Board of 477 Governors. 478 (d) The Board of Governors shall develop guidelines for 479 supervising faculty practice plans for the academic health 480 science centers. 481 (e) The Board of Governors shall ensure that students at 482 state universities have access to general education courses as 483 provided in the statewide articulation agreement, pursuant to s. 484 1007.23. 485 (f) The Board of Governors shall approve baccalaureate 486 degree programs that require more than 120 semester credit hours 487 of coursework prior to such programs being offered by a state 488 university. At least half of the required coursework for any 489 baccalaureate degree must be offered at the lower-division 490 level, except in program areas approved by the Board of 491 Governors. 492 (g) The Board of Governors, or the board’s designee, shall 493 adopt a written antihazing policy, appropriate penalties for 494 violations of such policy, and a program for enforcing such 495 policy. 496 (h) The Board of Governors, or the board’s designee, may 497 establish a uniform code of conduct and appropriate penalties 498 for violations of its regulationsrulesby students and student 499 organizations, including regulationsrulesgoverning student 500 academic honesty. Such penalties, unless otherwise provided by 501 law, may include reasonable fines, the withholding of diplomas 502 or transcripts pending compliance with regulationsrulesor 503 payment of fines, and the imposition of probation, suspension, 504 or dismissal. 505 (4)(3)POWERS AND DUTIES RELATING TO FINANCE.— 506 (a) The Board of Governors, or the board’s designee, shall 507 account for expenditures of all state, local, federal, and other 508 funds. Such accounting systems shall have appropriate audit and 509 internal controls in place that will enable the constituent 510 universities to satisfactorily and timely perform all accounting 511 and reporting functions required by state and federal law and 512 rules. 513 (b) The Board of Governors shall prepare the legislative 514 budget requests for the State University System, including a 515 request for fixed capital outlay, and submit them to the State 516 Board of Education for inclusion in the K-20 legislative budget 517 request. The Board of Governors shall provide the state 518 universities with fiscal policy guidelines, formats, and 519 instruction for the development of individual university budget 520 requests. 521 (c) The Board of Governors, or the board’s designee, shall 522 establish tuition and fees pursuant to ss. 1009.24 and 1009.26. 523 (d) The Board of Governors, or the board’s designee, is 524 authorized to secure comprehensive general liability insurance 525 pursuant to s. 1004.24. 526 (5)(4)POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— 527 (a) The Legislature intends that the Board of Governors 528 shall align the missions of each constituent university with the 529 academic success of its students; the national reputation of its 530 faculty and its academic and research programs; the quantity of 531 externally generated research, patents, and licenses; and the 532 strategic and accountability plans required in paragraphs (b) 533 and (c). The mission alignment and strategic plan shall consider 534 peer institutions at the constituent universities. The mission 535 alignment and strategic plan shall acknowledge that universities 536 that have a national and international impact have the greatest 537 capacity to promote the state’s economic development through: 538 new discoveries, patents, licenses, and technologies that 539 generate state businesses of global importance; research 540 achievements through external grants and contracts that are 541 comparable to nationally recognized and ranked universities; the 542 creation of a resource rich academic environment that attracts 543 high-technology business and venture capital to the state; and 544 this generation’s finest minds focusing on solving the state’s 545 economic, social, environmental, and legal problems in the areas 546 of life sciences, water, sustainability, energy, and health 547 care. A nationally recognized and ranked university that has a 548 global perspective and impact shall be afforded the opportunity 549 to enable and protect the university’s competitiveness on the 550 global stage in fair competition with other institutions of 551 other states in the highest Carnegie Classification. 552 (b)(a)The Board of Governors shall develop a strategic 553 plan specifying goals and objectives for the State University 554 System and each constituent university. 555 (c)(b)The Board of Governors shall develop an 556 accountability plan for the State University System and each 557 constituent university. 558 (d)(c)The Board of Governors shall maintain an effective 559 information system to provide accurate, timely, and cost 560 effective information about each university. The board shall 561 continue to collect and maintain, at a minimum,themanagement 562 informationdatabasesas such informationdatabasesexisted on 563 June 30, 2002. 564 (e)(d)If the Board of Governors of the State University 565 System determines that a state university board of trustees is 566 unwilling or unable to address substantiated allegations made by 567 any person relating to waste, fraud, or financial mismanagement 568 within the state university, the Office of the Inspector General 569 shall investigate the allegations. 570 (6)(5)POWERS AND DUTIES RELATING TO PERSONNEL.— 571 (a) The Board of Governors, or the board’s designee, shall 572 establish the personnel program for all employees of a state 573 university except that the Board of Governors shall confirm the 574 presidential selection by a university board of trustees as a 575 means of acknowledging that system cooperation is expectedthe576president. 577 (b) The Department of Management Services shall retain 578 authority over state university employees for programs 579 established in ss. 110.123, 110.1232, 110.1234, 110.1238, and 580 110.161 and in chapters 121, 122, and 238. Unless specifically 581 authorized by law, neither the Board of Governors nor a state 582 university may offer group insurance programs for employees as a 583 substitute for or as an alternative to the health insurance 584 programs offered pursuant to chapter 110. 585 (c) Except as otherwise provided by law, university 586 employees are public employees for purposes of chapter 112 and 587 any payment for travel and per diem expenses shall not exceed 588 the level specified in s. 112.061. 589 (d) The Board of Governors, or the board’s designee, may 590 not enter into an employment contract that requires itthe board591 to pay an employee an amount from state funds in excess of 1 592 year of the employee’s annual salary for termination, buyout, or 593 any other type of contract settlement. This paragraph does not 594 prohibit the payment of leave and benefits accrued by the 595 employee in accordance with the board’s or designee’s leave and 596 benefits policies before the contract terminates. 597 (7)(6)POWERS AND DUTIES RELATING TO PROPERTY.— 598 (a) The Board of Governors shall develop guidelines for 599 university boards of trustees relating to the acquisition of 600 real and personal property and the sale and disposal thereof and 601 the approval and execution of contracts for the purchase, sale, 602 lease, license, or acquisition of commodities, goods, equipment, 603 contractual services, leases of real and personal property, and 604 construction. The acquisition may include purchase by 605 installment or lease-purchase. Such contracts may provide for 606 payment of interest on the unpaid portion of the purchase price. 607 Title to all real property acquired prior to January 7, 2003, 608 and to all real property acquired with funds appropriated by the 609 Legislature shall be vested in the Board of Trustees of the 610 Internal Improvement Trust Fund and shall be transferred and 611 conveyed by it. Notwithstanding any other provisions of this 612 subsection, each board of trustees shall comply with the 613 provisions of s. 287.055 for the procurement of professional 614 services as defined therein. Any acquisition pursuant to this 615 paragraph is subject to the provisions of s. 1010.62. 616 (b) The Board of Governors shall develop guidelines for 617 university boards of trustees relating to the use, maintenance, 618 protection, and control of university-owned or university 619 controlled buildings and grounds, property and equipment, name, 620 trademarks and other proprietary marks, and the financial and 621 other resources of the university. Such authority may include 622 placing restrictions on activities and on access to facilities, 623 firearms, food, tobacco, alcoholic beverages, distribution of 624 printed materials, commercial solicitation, animals, and sound. 625 The authority provided the board of trustees in this subsection 626 includes the prioritization of the use of space, property, 627 equipment, and resources and the imposition of charges for those 628 items. 629 (c) The Board of Governors, or the board’s designee, shall 630 administer a program for the maintenance and construction of 631 facilities pursuant to chapter 1013. 632 (d) The Board of Governors, or the board’s designee, shall 633 ensure compliance with the provisions of s. 287.09451 for all 634 procurement and ss. 255.101 and 255.102 for construction 635 contracts, and rules adopted pursuant thereto, relating to the 636 utilization of minority business enterprises, except that 637 procurements costing less than the amount provided for in 638 CATEGORY FIVE as provided in s. 287.017 shall not be subject to 639 s. 287.09451. 640 (e) Notwithstanding the provisions of s. 253.025 but 641 subject to the provisions of s. 1010.62, the Board of Governors, 642 or the board’s designee, may, with the consent of the Board of 643 Trustees of the Internal Improvement Trust Fund, sell, convey, 644 transfer, exchange, trade, or purchase real property and related 645 improvements necessary and desirable to serve the needs and 646 purposes of the university. 647 1. The Board of Governors, or the board’s designee, may 648 secure appraisals and surveys. The Board of Governors, or the 649 board’s designee, shall comply with the rules of the Board of 650 Trustees of the Internal Improvement Trust Fund in securing 651 appraisals. Whenever the Board of Governors, or the board’s 652 designee, finds it necessary for timely property acquisition, it 653 may contract, without the need for competitive selection, with 654 one or more appraisers whose names are contained on the list of 655 approved appraisers maintained by the Division of State Lands in 656 the Department of Environmental Protection. 657 2. The Board of Governors, or the board’s designee, may 658 negotiate and enter into an option contract before an appraisal 659 is obtained. The option contract must state that the final 660 purchase price may not exceed the maximum value allowed by law. 661 The consideration for such an option contract may not exceed 10 662 percent of the estimate obtained by the Board of Governors, or 663 the board’s designee, or 10 percent of the value of the parcel, 664 whichever is greater, unless otherwise authorized by the Board 665 of Governors or the board’s designee. 666 3. This paragraph is not intended to abrogate in any manner 667 the authority delegated to the Board of Trustees of the Internal 668 Improvement Trust Fund or the Division of State Lands to approve 669 a contract for purchase of state lands or to require policies 670 and procedures to obtain clear legal title to parcels purchased 671 for state purposes. Title to property acquired by a university 672 board of trustees prior to January 7, 2003, and to property 673 acquired with funds appropriated by the Legislature shall vest 674 in the Board of Trustees of the Internal Improvement Trust Fund. 675 (f) The Board of Governors, or the board’s designee, shall 676 prepare and adopt a campus master plan pursuant to s. 1013.30. 677 (g) The Board of Governors, or the board’s designee, shall 678 prepare, adopt, and execute a campus development agreement 679 pursuant to s. 1013.30. 680 (h) Notwithstanding the provisions of s. 216.351, the Board 681 of Governors, or the board’s designee, may authorize the rent or 682 lease of parking facilities provided that such facilities are 683 funded through parking fees or parking fines imposed by a 684 university. The Board of Governors, or the board’s designee, may 685 authorize a university board of trustees to charge fees for 686 parking at such rented or leased parking facilities. 687 (8)(7)COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND 688 REQUIREMENTS.—The Board of Governors has responsibility for 689 compliance with state and federal laws, rules, regulations, and 690 requirements. 691 (9)(8)COOPERATION WITH OTHER BOARDS.—The Board of 692 Governors shall implement a plan for working on a regular basis 693 with the State Board of Education, the Commission for 694 Independent Education, the university boards of trustees, 695 representatives of the community college boards of trustees, 696 representatives of the private colleges and universities, and 697 representatives of the district school boards to achieve a 698 seamless education system. 699 (10)(9)The Board of Governors is prohibited from assessing 700 any fee on state universities, unless specifically authorized by 701 law. 702 Section 12. Subsection (3) is added to section 1001.72, 703 Florida Statutes, to read: 704 1001.72 University boards of trustees; boards to constitute 705 a corporation.— 706 (3) Each board of trustees constitutes the contracting 707 agent of the university. 708 Section 13. Section 1004.015, Florida Statutes, is created 709 to read: 710 1004.015 Higher Education Coordinating Council.— 711 (1) The Higher Education Coordinating Council is created 712 for the purposes of identifying unmet needs and facilitating 713 solutions to disputes regarding the creation of new degree 714 programs and the establishment of new institutes, campuses, or 715 centers. 716 (2) Members of the council shall include: 717 (a) The Commissioner of Education. 718 (b) The Chancellor of the State University System. 719 (c) The Chancellor of the Florida College System. 720 (d) The executive director of the Commission for 721 Independent Education. 722 (e) The president of the Independent Colleges and 723 Universities of Florida. 724 (f) Two representatives of the business community, one 725 appointed by the President of the Senate and one appointed by 726 the Speaker of the House of Representatives, who are committed 727 to developing and enhancing world class workforce infrastructure 728 necessary for Florida’s citizens to compete and prosper in the 729 ever-changing economy of the 21st century. 730 (3) The council shall serve as an advisory board to the 731 Legislature, the State Board of Education, and the Board of 732 Governors. Recommendations of the council shall be consistent 733 with the following guiding principles: 734 (a) To achieve within existing resources a seamless 735 academic educational system that fosters an integrated continuum 736 of kindergarten through graduate school education for Florida’s 737 students. 738 (b) To promote consistent education policy across all 739 educational delivery systems, focusing on students. 740 (c) To promote substantially improved articulation across 741 all educational delivery systems. 742 (d) To promote a system that maximizes educational access 743 and allows the opportunity for a high-quality education for all 744 Floridians. 745 (e) To promote a system of coordinated and consistent 746 transfer of credit and data collection for improved 747 accountability purposes between the educational delivery 748 systems. 749 (4) The Board of Governors shall provide administrative 750 support for the council. 751 Section 14. Subsections (1) and (3) of section 1004.03, 752 Florida Statutes, are amended to read: 753 1004.03 Program approval.— 754 (1) The Board of Governors shall establish criteria for the 755 review and approval of proposed new programs at state 756 universities to ensure the well-planned development, 757 coordination, and operation of the State University System and 758 to avoid wasteful duplication of facilities or programs. The 759 Board of Governors shall submit an annual report to the 760 President of the Senate, the Speaker of the House of 761 Representatives, and the Governor listing the reviews conducted 762 and the results of each review.that will receive any support763from tuition and fees assessed pursuant to s.1009.24or from764funds appropriated by the Legislature through the General765Appropriations Act or other law. These criteria include, but are766not limited to, the following:767(a) New programs may not be approved unless the same768objectives cannot be met through use of educational technology.769(b) Unnecessary duplication of programs offered by public770and independent institutions shall be avoided.771(c) Cooperative programs, particularly within regions,772should be encouraged.773(d) New programs shall be approved only if they are774consistent with the strategic plan adopted by the Board of775Governors.776(e) A new graduate-level program or professional-level777program may be approved if:7781. The university has taken into account the offerings of779its counterparts, including institutions in other sectors,780particularly at the regional level.7812. The addition of the program will not alter the emphasis782on undergraduate education.7833. The regional need and demand for the program was784addressed and the community needs are obvious.785(3) New colleges, schools, or functional equivalents of any786program that leads to a degree that is offered as a credential787for a specific license granted under the Florida Statutes or the788State Constitution and that will receive any support from789tuition and fees or from funds appropriated by the Legislature790through the General Appropriations Act or other law shall not be791established without the specific approval of the Legislature.792 Section 15. Subsection (4) of section 1004.07, Florida 793 Statutes, is amended to read: 794 1004.07 Student withdrawal from courses due to military 795 service; effect.— 796 (4) Policies of state university boards of trustees shall 797 be established by regulationruleand pursuant to guidelines of 798 the Board of Governors. 799 Section 16. Section 1006.54, Florida Statutes, is amended 800 to read: 801 1006.54 Universities; public documents distributed to 802 libraries.—The general library of each state university may 803 receive copies of reports of state officials, departments, and 804 institutions and all other state documents published by the 805 state. Each officer of the state empowered by law to distribute 806 such public documents may transmit without charge, except for 807 payment of shipping costs, the number of copies of each public 808 document desired upon requisition from the librarian. It is the 809 duty of the library to keep public documents in a convenient 810 form accessible to the public. The library, under regulations 811rulesformulated by the university board of trustees, is 812 authorized to exchange documents for those of other states, 813 territories, and countries. 814 Section 17. Section 1006.60, Florida Statutes, is amended 815 to read: 816 1006.60 Codes of conduct; disciplinary measures;rulemaking817 authority to adopt rules or regulations.— 818 (1) Each community collegeand state universitymay adopt, 819 by rule, and each state university may adopt, by regulation, 820 codes of conduct and appropriate penalties for violations of 821 rules or regulations by students, to be administered by the 822 institution. Such penalties, unless otherwise provided by law, 823 may include: reprimand; restitution; fines; withholding of 824 diplomas or transcripts pending compliance with rules or 825 regulations, completion of any student judicial process or 826 sanction, or payment of fines; restrictions on the use of or 827 removal from campus facilities; community service; educational 828 requirements; and the imposition of probation, suspension, 829 dismissal, or expulsion. 830 (2) Each community collegeand state universitymay adopt, 831 by rule, and each state university may adopt, by regulation, a 832 code of conduct and appropriate penalties for violations of 833 rules or regulations by student organizations, to be 834 administered by the institution. Such penalties, unless 835 otherwise provided by law, may include: reprimand; restitution; 836 suspension, cancellation, or revocation of the registration or 837 official recognition of a student organization; and restrictions 838 on the use of, or removal from, campus facilities. 839 (3) Sanctions authorized by such codes of conduct may be 840 imposed only for acts or omissions in violation of rules or 841 regulations adopted by the institution, including rules or 842 regulations adopted under this section, rules of the State Board 843 of Education, rules or regulations oforthe Board of Governors 844 regarding the State University System, county and municipal 845 ordinances, and the laws of this state, the United States, or 846 any other state. 847 (4) Each community collegeand state universitymay 848 establish and adopt, by rule, and each state university may 849 establish and adopt, by regulation, codes of appropriate 850 penalties for violations of rules or regulations governing 851 student academic honesty. Such penalties, unless otherwise 852 provided by law, may include: reprimand; reduction of grade; 853 denial of academic credit; invalidation of university credit or 854 of the degree based upon such credit; probation; suspension; 855 dismissal; or expulsion. In addition to any other penalties that 856 may be imposed, an individual may be denied admission or further 857 registration, and the institution may invalidate academic credit 858 for work done by a student and may invalidate or revoke the 859 degree based upon such credit if it is determined that the 860 student has made false, fraudulent, or incomplete statements in 861 the application, residence affidavit, or accompanying documents 862 or statements in connection with, or supplemental to, the 863 application for admission to or graduation from the institution. 864 (5) Each community collegeand state universityshall adopt 865 rules and each state university shall adopt regulations for the 866 lawful discipline of any student who intentionally acts to 867 impair, interfere with, or obstruct the orderly conduct, 868 processes, and functions of the institution. Said rules or 869 regulations may apply to acts conducted on or off campus when 870 relevant to such orderly conduct, processes, and functions. 871 Section 18. Subsection (2) of section 1006.65, Florida 872 Statutes, is amended to read: 873 1006.65 Safety issues in courses offered by public 874 postsecondary educational institutions.— 875 (2) The Board of Governors shall adopt regulationsrulesto 876 ensure that policies and procedures are in place to protect the 877 health and safety of students, instructional personnel, and 878 visitors who participate in courses offered by a state 879 university. 880 Section 19. Subsection (3) of section 1007.264, Florida 881 Statutes, is amended to read: 882 1007.264 Persons with disabilities; admission to 883 postsecondary educational institutions; substitute requirements; 884 rules and regulations.— 885 (3) The Board of Governors, in consultation with the State 886 Board of Education, shall adopt regulationsrulesto implement 887 this section for state universities and shall develop substitute 888 admission requirements where appropriate. 889 Section 20. Subsection (3) of section 1007.265, Florida 890 Statutes, is amended to read: 891 1007.265 Persons with disabilities; graduation, study 892 program admission, and upper-division entry; substitute 893 requirements; rules and regulations.— 894 (3) The Board of Governors, in consultation with the State 895 Board of Education, shall adopt regulationsrulesto implement 896 this section for state universities and shall develop substitute 897 requirements where appropriate. 898 Section 21. Section 1009.24, Florida Statutes, is amended 899 to read: 900 1009.24 State university student fees.— 901 (1) This section applies to students enrolled in college 902 credit programs at state universities. 903 (2) All students shall be charged fees except students who 904 are exempt from fees or students whose fees are waived. 905 (3) All moneys from tuition and fees shall be deposited 906 pursuant to s. 1011.42. 907 (4)(a) Effective January 1, 2008, the resident 908 undergraduate tuition for lower-level and upper-level coursework 909 shall be $77.39 per credit hour. 910 (b) Beginning with the 2008-2009 fiscal year and each year 911 thereafter, the resident undergraduate tuition per credit hour 912 shall increase at the beginning of each fall semester at a rate 913 equal to inflation, unless otherwise provided in the General 914 Appropriations Act. The Office of Economic and Demographic 915 Research shall report the rate of inflation to the President of 916 the Senate, the Speaker of the House of Representatives, the 917 Governor, and the Board of Governors each year prior to March 1. 918 For purposes of this paragraph, the rate of inflation shall be 919 defined as the rate of the 12-month percentage change in the 920 Consumer Price Index for All Urban Consumers, U.S. City Average, 921 All Items, or successor reports as reported by the United States 922 Department of Labor, Bureau of Labor Statistics, or its 923 successor for December of the previous year. In the event the 924 percentage change is negative, the resident undergraduate 925 tuition shall remain at the same level as the prior fiscal year. 926 (c) The Board of Governors, or the board’s designee, may 927 establish tuition for graduate and professional programs, and 928 out-of-state fees for all programs. Except as otherwise provided 929 in this section, the sum of tuition and out-of-state fees 930 assessed to nonresident students must be sufficient to offset 931 the full instructional cost of serving such students. However, 932 adjustments to out-of-state fees or tuition for graduate 933 programs and professional programs may not exceed 15 percent in 934 any year. 935 (d) The Board of Governors may consider and approve 936 flexible tuition policies as requested by a university board of 937 trustees in accordance with the provisions of subsection (15) 938 only to the extent such policies are in alignment with the 939 mission of the university and do not increase the state’s fiscal 940 liability or obligations, including, but not limited to, any 941 fiscal liability or obligation for programs authorized under ss. 942 1009.53-1009.538 and ss. 1009.97-1009.984. 943 (e)(d)The sum of the activity and service, health, and 944 athletic fees a student is required to pay to register for a 945 course shall not exceed 40 percent of the tuition established in 946 law or in the General Appropriations Act. No university shall be 947 required to lower any fee in effect on the effective date of 948 this act in order to comply with this subsection. Within the 40 949 percent cap, universities may not increase the aggregate sum of 950 activity and service, health, and athletic fees more than 5 951 percent per year unless specifically authorized in law or in the 952 General Appropriations Act. A university may increase its 953 athletic fee to defray the costs associated with changing 954 National Collegiate Athletic Association divisions. Any such 955 increase in the athletic fee may exceed both the 40 percent cap 956 and the 5 percent cap imposed by this subsection. Any such 957 increase must be approved by the athletic fee committee in the 958 process outlined in subsection (12) and cannot exceed $2 per 959 credit hour. Notwithstanding the provisions of ss. 1009.534, 960 1009.535, and 1009.536, that portion of any increase in an 961 athletic fee pursuant to this subsection that causes the sum of 962 the activity and service, health, and athletic fees to exceed 963 the 40 percent cap or the annual increase in such fees to exceed 964 the 5 percent cap shall not be included in calculating the 965 amount a student receives for a Florida Academic Scholars award, 966 a Florida Medallion Scholars award, or a Florida Gold Seal 967 Vocational Scholars award. 968 (f)(e)This subsection does not prohibit a university from 969 increasing or assessing optional fees related to specific 970 activities if payment of such fees is not required as a part of 971 registration for courses. 972 (5) A university may implement a differential out-of-state 973 fee in accordance with regulations developed by the Board of 974 Governors for the following: 975 (a) A student from another state that borders the service 976 area of the university. 977 (b) A graduate student who has been determined to be a 978 nonresident for tuition purposes pursuant to s. 1009.21 and has 979 a .25 full-time equivalent appointment or greater as a graduate 980 assistant, graduate research assistant, graduate teaching 981 assistant, graduate research associate, or graduate teaching 982 associate. 983 (c) A graduate student who has been determined to be a 984 nonresident for tuition purposes pursuant to s. 1009.21 and is 985 receiving a full fellowship. 986 (6) Students who are enrolled in Programs in Medical 987 Sciences are considered graduate students for the purpose of 988 enrollment and student fees. 989 (7) A university board of trustees is authorized to collect 990 for financial aid purposes an amount not to exceed 5 percent of 991 the tuition and out-of-state fee. The revenues from fees are to 992 remain at each campus and replace existing financial aid fees. 993 Such funds shall be disbursed to students as quickly as 994 possible. A minimum of 75 percent of funds from the student 995 financial aid fee shall be used to provide financial aid based 996 on absolute need. The Board of Governors shall develop criteria 997 for making financial aid awards. Each university shall report 998 annually to the Board of Governors and the Department of 999 Education on the revenue collected pursuant to this subsection, 1000 the amount carried forward, the criteria used to make awards, 1001 the amount and number of awards for each criterion, and a 1002 delineation of the distribution of such awards. The report shall 1003 include an assessment by category of the financial need of every 1004 student who receives an award, regardless of the purpose for 1005 which the award is received. Awards which are based on financial 1006 need shall be distributed in accordance with a nationally 1007 recognized system of need analysis approved by the Board of 1008 Governors. An award for academic merit shall require a minimum 1009 overall grade point average of 3.0 on a 4.0 scale or the 1010 equivalent for both initial receipt of the award and renewal of 1011 the award. 1012 (8) The Capital Improvement Trust Fund fee is established 1013 as $2.44 per credit hour per semester. The building fee is 1014 established as $2.32 per credit hour per semester. 1015 (9) Each university board of trustees is authorized to 1016 establish separate activity and service, health, and athletic 1017 fees. When duly established, the fees shall be collected as 1018 component parts of tuition and fees and shall be retained by the 1019 university and paid into the separate activity and service, 1020 health, and athletic funds. Notwithstanding any other provision 1021 of law to the contrary, a university may transfer revenues 1022 derived from the fees authorized pursuant to this subsection to 1023 a university direct-support organization of the university to be 1024 used only for the purpose of paying and securing debt on 1025 projects approved pursuant to s. 1010.62 and pursuant to a 1026 written agreement approved by the Board of Governors. The amount 1027 transferred may not exceed the amount authorized for annual debt 1028 service pursuant to s. 1010.62. 1029 (10)(a) Each university board of trustees shall establish a 1030 student activity and service fee on the main campus of the 1031 university. The university board may also establish a student 1032 activity and service fee on any branch campus or center. Any 1033 subsequent increase in the activity and service fee must be 1034 recommended by an activity and service fee committee, at least 1035 one-half of whom are students appointed by the student body 1036 president. The remainder of the committee shall be appointed by 1037 the university president. A chairperson, appointed jointly by 1038 the university president and the student body president, shall 1039 vote only in the case of a tie. The recommendations of the 1040 committee shall take effect only after approval by the 1041 university president, after consultation with the student body 1042 president, with final approval by the university board of 1043 trustees. An increase in the activity and service fee may occur 1044 only once each fiscal year and must be implemented beginning 1045 with the fall term. The Board of Governors is responsible for 1046 adopting the regulationsrulesand timetables necessary to 1047 implement this fee. 1048 (b) The student activity and service fees shall be expended 1049 for lawful purposes to benefit the student body in general. This 1050 shall include, but shall not be limited to, student publications 1051 and grants to duly recognized student organizations, the 1052 membership of which is open to all students at the university 1053 without regard to race, sex, or religion. The fund may not 1054 benefit activities for which an admission fee is charged to 1055 students, except for student-government-association-sponsored 1056 concerts. The allocation and expenditure of the fund shall be 1057 determined by the student government association of the 1058 university, except that the president of the university may veto 1059 any line item or portion thereof within the budget when 1060 submitted by the student government association legislative 1061 body. The university president shall have 15 school days from 1062 the date of presentation of the budget to act on the allocation 1063 and expenditure recommendations, which shall be deemed approved 1064 if no action is taken within the 15 school days. If any line 1065 item or portion thereof within the budget is vetoed, the student 1066 government association legislative body shall within 15 school 1067 days make new budget recommendations for expenditure of the 1068 vetoed portion of the fund. If the university president vetoes 1069 any line item or portion thereof within the new budget 1070 revisions, the university president may reallocate by line item 1071 that vetoed portion to bond obligations guaranteed by activity 1072 and service fees. Unexpended funds and undisbursed funds 1073 remaining at the end of a fiscal year shall be carried over and 1074 remain in the student activity and service fund and be available 1075 for allocation and expenditure during the next fiscal year. 1076 (11) Each university board of trustees shall establish a 1077 student health fee on the main campus of the university. The 1078 university board of trustees may also establish a student health 1079 fee on any branch campus or center. Any subsequent increase in 1080 the health fee must be recommended by a health committee, at 1081 least one-half of whom are students appointed by the student 1082 body president. The remainder of the committee shall be 1083 appointed by the university president. A chairperson, appointed 1084 jointly by the university president and the student body 1085 president, shall vote only in the case of a tie. The 1086 recommendations of the committee shall take effect only after 1087 approval by the university president, after consultation with 1088 the student body president, with final approval by the 1089 university board of trustees. An increase in the health fee may 1090 occur only once each fiscal year and must be implemented 1091 beginning with the fall term. The Board of Governors is 1092 responsible for adopting the regulationsrulesand timetables 1093 necessary to implement this fee. 1094 (12) Each university board of trustees shall establish a 1095 separate athletic fee on the main campus of the university. The 1096 university board may also establish a separate athletic fee on 1097 any branch campus or center. Any subsequent increase in the 1098 athletic fee must be recommended by an athletic fee committee, 1099 at least one-half of whom are students appointed by the student 1100 body president. The remainder of the committee shall be 1101 appointed by the university president. A chairperson, appointed 1102 jointly by the university president and the student body 1103 president, shall vote only in the case of a tie. The 1104 recommendations of the committee shall take effect only after 1105 approval by the university president, after consultation with 1106 the student body president, with final approval by the 1107 university board of trustees. An increase in the athletic fee 1108 may occur only once each fiscal year and must be implemented 1109 beginning with the fall term. The Board of Governors is 1110 responsible for adopting the regulationsrulesand timetables 1111 necessary to implement this fee. 1112 (13) Each university board of trustees may establish a 1113 technology fee of up to 5 percent of the tuition per credit 1114 hour. The revenue from this fee shall be used to enhance 1115 instructional technology resources for students and faculty. The 1116 technology fee may not be included in any award under the 1117 Florida Bright Futures Scholarship Program established pursuant 1118 to ss. 1009.53-1009.538. 1119 (14)(13)Except as otherwise provided in subsection (15), 1120 each university board of trustees is authorized to establish the 1121 following fees: 1122 (a) A nonrefundable application fee in an amount not to 1123 exceed $30. 1124 (b) An orientation fee in an amount not to exceed $35. 1125 (c) A fee for security, access, or identification cards. 1126 The annual fee for such a card may not exceed $10 per card. The 1127 maximum amount charged for a replacement card may not exceed 1128 $15. 1129 (d) Registration fees for audit and zero-hours 1130 registration; a service charge, which may not exceed $15, for 1131 the payment of tuition and fees in installments; and a late 1132 registration fee in an amount not less than $50 nor more than 1133 $100 to be imposed on students who fail to initiate registration 1134 during the regular registration period. 1135 (e) A late-payment fee in an amount not less than $50 nor 1136 more than $100 to be imposed on students who fail to pay or fail 1137 to make appropriate arrangements to pay (by means of installment 1138 payment, deferment, or third-party billing) tuition by the 1139 deadline set by each university. Each university may adopt 1140 specific procedures or policies for waiving the late-payment fee 1141 for minor underpayments. 1142 (f)(r)Fees for transcripts and diploma replacement, not to 1143 exceed $10 per item. 1144 (g) A nonrefundable admissions deposit for undergraduate, 1145 graduate, and professional degree programs in an amount not to 1146 exceed $200. The admissions deposit shall be imposed at the time 1147 of an applicant’s acceptance to the university and shall be 1148 applied toward tuition upon enrollment. If the applicant does 1149 not enroll in the university, the admissions deposit shall be 1150 deposited in an auxiliary account of the university and used to 1151 expand financial assistance, scholarships, and student academic 1152 and career counseling services at the university. The Board of 1153 Governors shall adopt a policy that provides for the waiver of 1154 such admissions deposit on the basis of financial hardship. 1155 (h)(f)A fee for miscellaneous health-related charges for 1156 services provided at cost by the university health center which 1157 are not covered by the health fee set under subsection (11). 1158 (i)(g)Materials and supplies fees to offset the cost of 1159 materials or supplies that are consumed in the course of the 1160 student’s instructional activities, excluding the cost of 1161 equipment replacement, repairs, and maintenance. 1162 (j)(h)Housing rental rates and miscellaneous housing 1163 charges for services provided by the university at the request 1164 of the student. 1165 (k)(i)A charge representing the reasonable cost of efforts 1166 to collect payment of overdue accounts. 1167 (l)(j)A service charge on university loans in lieu of 1168 interest and administrative handling charges. 1169 (m)(k)A fee for off-campus course offerings when the 1170 location results in specific, identifiable increased costs to 1171 the university. 1172 (n)(l)Library fees and fines, including charges for 1173 damaged and lost library materials, overdue reserve library 1174 books, interlibrary loans, and literature searches. 1175 (o)(m)Fees relating to duplicating, photocopying, binding, 1176 and microfilming; copyright services; and standardized testing. 1177 These fees may be charged only to those who receive the 1178 services. 1179 (p)(n)Fees and fines relating to the use, late return, and 1180 loss and damage of facilities and equipment. 1181 (q)(o)A returned-check fee as authorized by s. 832.07(1) 1182 for unpaid checks returned to the university. 1183 (r)(p)Traffic and parking fines, charges for parking 1184 decals, and transportation access fees. 1185 (s)(q)An Educational Research Center for Child Development 1186 fee for child care and services offered by the center. 1187(s) A technology fee of up to 5 percent of the tuition per1188credit hour, beginning with the fall term of the 2009-20101189academic year. The revenue from this fee shall be used to1190enhance instructional technology resources for students and1191faculty. The technology fee shall not be included in any award1192under the Florida Bright Futures Scholarship Program.1193 1194 With the exception of housing rental rates and except as 1195 otherwise provided, fees assessed pursuant to paragraphs (h)-(s) 1196 shall be based on reasonable costs of services. The Board of 1197 Governors shall adopt regulations and timetables necessary to 1198 implement the fees and fines authorized under this subsection. 1199 The fees assessed under this subsection may be used for debt 1200 only as authorized under s. 1010.62. 1201(14) Each university board of trustees is authorized to1202establish a nonrefundable admissions deposit for undergraduate,1203graduate, and professional degree programs in an amount not to1204exceed $200. The admissions deposit shall be imposed at the time1205of an applicant’s acceptance to the university and shall be1206applied toward tuition upon enrollment. In the event the1207applicant does not enroll in the university, the admissions1208deposit shall be deposited in an auxiliary account of the1209university and used to expand financial assistance,1210scholarships, and student academic and career counseling1211services at the university. A university board of trustees that1212establishes an admissions deposit pursuant to this subsection1213must also adopt policies that provide for the waiver of such1214deposit on the basis of financial hardship.1215 (15)(a) The Board of Governors may approve: 1216 1. A proposal from a university board of trustees to 1217 establish a new student fee that is not specifically authorized 1218 by this section. 1219 2. A proposal from a university board of trustees to 1220 increase the current cap for an existing fee authorized pursuant 1221 to paragraphs (14)(a)-(g). 1222 3. A proposal from a university board of trustees to 1223 implement flexible tuition policies, such as block tuition, 1224 block tuition differential, or market tuition rates for 1225 graduate-level online courses or graduate-level courses offered 1226 through a university’s continuing education program. A block 1227 tuition policy for resident undergraduate students or 1228 undergraduate-level courses shall be based on the per-credit 1229 hour undergraduate tuition established under subsection (4). A 1230 block tuition policy for nonresident undergraduate students 1231 shall be based on the per-credit-hour undergraduate tuition and 1232 out-of-state fee established under subsection (4). Flexible 1233 tuition policies, including block tuition, may not increase the 1234 state’s fiscal liability or obligation. 1235 (b) A proposal developed pursuant to paragraph (a) shall be 1236 submitted in accordance with guidelines established by the Board 1237 of Governors. Approval by the Board of Governors of such 1238 proposal must be made in accordance with the provisions of this 1239 subsection. 1240 (c) In reviewing a proposal to establish a new fee under 1241 subparagraph (a)1., the Board of Governors shall consider: 1242 1. The purpose to be served or accomplished by the new fee. 1243 2. Whether there is a demonstrable student-based need for 1244 the new fee that is not currently being met through existing 1245 university services, operations, or another fee. 1246 3. Whether the financial impact on students is warranted in 1247 light of other charges assessed to students for tuition and 1248 associated fees. 1249 4. Whether any restrictions, limitations, or conditions 1250 should be placed on the use of the fee. 1251 5. Whether there are outcome measures to indicate if the 1252 purpose for which the fee was established is accomplished. 1253 (d) In reviewing a proposal to increase or exceed the 1254 current cap for an existing fee under subparagraph (a)2., the 1255 Board of Governors shall consider: 1256 1. The services or operations currently being funded by the 1257 fee. 1258 2. Whether those services or operations can be performed 1259 more efficiently to alleviate the need for any increase. 1260 3. The additional or enhanced services or operations to be 1261 funded by the increase. 1262 4. Whether any alternative resources are available to meet 1263 the need. 1264 5. Whether the financial impact on students is warranted in 1265 light of other charges assessed to students for tuition and 1266 associated fees. 1267 (e) In reviewing a proposal to implement a flexible tuition 1268 policy under subparagraph (a)3., the Board of Governors shall 1269 consider: 1270 1. Whether the proposed tuition flexibility policy is 1271 aligned with the mission of the university. 1272 2. Whether the proposed tuition flexibility policy 1273 increases the state’s fiscal liabilities or obligations and, if 1274 so, the proposal shall be denied. 1275 3. Whether any restrictions, limitations, or conditions 1276 should be placed on the policy. 1277 (f) The Board of Governors shall submit an annual report to 1278 the President of the Senate, the Speaker of the House of 1279 Representatives, and the Governor summarizing the proposals 1280 received by the board during the preceding year and actions 1281 taken by the board in response to such proposals. The Board of 1282 Governors shall also include in the annual report the following 1283 information for each new fee approved pursuant to the provisions 1284 of this subsection: 1285 1. The amount of the fee. 1286 2. The total revenues generated by the fee. 1287 3. Detailed expenditures of the revenues generated by the 1288 fee. 1289 (g) The aggregate sum of any new fees established pursuant 1290 to this subsection that a student is required to pay to register 1291 for a course shall not exceed 10 percent of tuition. 1292 (h) Any new fee established pursuant to this subsection 1293 shall not be included in any award under the Florida Bright 1294 Futures Scholarship Program established pursuant to ss. 1009.53 1295 1009.538. 1296 (i) The revenues generated by a new fee established 1297 pursuant to this subsection may not be transferred to an 1298 auxiliary enterprise or a direct-support organization and may 1299 not be used for the purpose of paying or securing debt. 1300 (j) If the Board of Governors approves a university 1301 proposal to establish a new fee, a fee committee shall be 1302 established at the university to make recommendations to the 1303 university president and the university board of trustees 1304 regarding how the revenue from the fee is to be spent and any 1305 subsequent changes to the fee. At least one-half of the 1306 committee must be students appointed by the student body 1307 president. The remainder of the committee shall be appointed by 1308 the university president. A chair, appointed jointly by the 1309 university president and the student body president, shall vote 1310 only in the case of a tie. 1311 (k) An increase to an existing fee or a new fee established 1312 pursuant to this subsection may occur no more than once each 1313 fiscal year and must be implemented beginning with the fall term 1314Each university may assess a service charge for the payment of1315tuition and fees in installments. Such service charge must be1316approved by the university board of trustees. 1317 (16) Each university board of trustees may establish a 1318 tuition differential for undergraduate courses upon receipt of 1319 approval from the Board of Governors. The tuition differential 1320 shall promote improvements in the quality of undergraduate 1321 education and shall provide financial aid to undergraduate 1322 students who exhibit financial need. 1323 (a) Seventy percent of the revenues from the tuition 1324 differential shall be expended for purposes of undergraduate 1325 education. Such expenditures may include, but are not limited 1326 to, increasing course offerings, improving graduation rates, 1327 increasing the percentage of undergraduate students who are 1328 taught by faculty, decreasing student-faculty ratios, providing 1329 salary increases for faculty who have a history of excellent 1330 teaching in undergraduate courses, improving the efficiency of 1331 the delivery of undergraduate education through academic 1332 advisement and counseling, and reducing the percentage of 1333 students who graduate with excess hours. This expenditure for 1334 undergraduate education may not be used to pay the salaries of 1335 graduate teaching assistants. The remaining 30 percent of the 1336 revenues from the tuition differential, or the equivalent amount 1337 of revenue from private sources, shall be expended to provide 1338 financial aid to undergraduate students who exhibit financial 1339 need to meet the cost of university attendance. This expenditure 1340 for need-based financial aid shall not supplant the amount of 1341 need-based aid provided to undergraduate students in the 1342 preceding fiscal year from financial aid fee revenues, the 1343 direct appropriation for financial assistance provided to state 1344 universities in the General Appropriations Act, or from private 1345 sources. 1346 (b) Each tuition differential is subject to the following 1347 conditions: 1348 1. The tuition differential may be assessed on one or more 1349 undergraduate courses or on all undergraduate courses at a state 1350 university. 1351 2. The tuition differential may vary by course or courses, 1352 campus or center location, and by institution. Each university 1353 board of trustees shall strive to maintain and increase 1354 enrollment in degree programs related to math, science, high 1355 technology, and other state or regional high-need fields when 1356 establishing tuition differentials by course. 1357 3. For each state university that has total research and 1358 development expenditures for all fields of at least $100 million 1359 per year as reported annually to the National Science 1360 Foundation, the aggregate sum of tuition and the tuition 1361 differential may not be increased by more than 15 percent of the 1362 total charged for the aggregate sum of these fees in the 1363 preceding fiscal year. For each state university that has total 1364 research and development expenditures for all fields of less 1365 than $100 million per year as reported annually to the National 1366 Science Foundation, the aggregate sum of tuition and the tuition 1367 differential may not be increased by more than 15 percent of the 1368 total charged for the aggregate sum of these fees in the 1369 preceding fiscal year. 1370 4. The aggregate sum of undergraduate tuition and fees per 1371 credit hour, including the tuition differential, may not exceed 1372 the national average of undergraduate tuition and fees at 4-year 1373 degree-granting public postsecondary educational institutions. 1374 5. The tuition differential shall not be included in any 1375 award under the Florida Bright Futures Scholarship Program 1376 established pursuant tomay not be calculated as a part of the1377scholarship programs established inss. 1009.53-1009.538. 1378 6. Beneficiaries having prepaid tuition contracts pursuant 1379 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and 1380 which remain in effect, are exempt from the payment of the 1381 tuition differential. 1382 7. The tuition differential may not be charged to any 1383 student who was in attendance at the university before July 1, 1384 2007, and who maintains continuous enrollment. 1385 8. The tuition differential may be waived by the university 1386 for students who meet the eligibility requirements for the 1387 Florida public student assistance grant established in s. 1388 1009.50. 1389 9. Subject to approval by the Board of Governors, the 1390 tuition differential authorized pursuant to this subsection may 1391 take effect with the 2009 fall term. 1392 (c) A university board of trustees may submit a proposal to 1393 the Board of Governors to implement a tuition differential for 1394 one or more undergraduate courses. At a minimum, the proposal 1395 shall: 1396 1. Identify the course or courses for which the tuition 1397 differential will be assessed. 1398 2. Indicate the amount that will be assessed for each 1399 tuition differential proposed. 1400 3. Indicate the purpose of the tuition differential. 1401 4. Indicate how the revenues from the tuition differential 1402 will be used. 1403 5. Indicate how the university will monitor the success of 1404 the tuition differential in achieving the purpose for which the 1405 tuition differential is being assessed. 1406 (d) The Board of Governors shall review each proposal and 1407 advise the university board of trustees of approval of the 1408 proposal, the need for additional information or revision to the 1409 proposal, or denial of the proposal. The Board of Governors 1410 shall establish a process for any university to revise a 1411 proposal or appeal a decision of the board. 1412 (e) The Board of Governors shall submit a report to the 1413 President of the Senate, the Speaker of the House of 1414 Representatives, and the Governor describing the implementation 1415 of the provisions of this subsection no later than January 1, 1416 2010, and no later than January 1 each year thereafter. The 1417 report shall summarize proposals received by the board during 1418 the preceding fiscal year and actions taken by the board in 1419 response to such proposals. In addition, the report shall 1420 provide the following information for each university that has 1421 been approved by the board to assess a tuition differential: 1422 1. The course or courses for which the tuition differential 1423 was assessed and the amount assessed. 1424 2. The total revenues generated by the tuition 1425 differential. 1426 3. With respect to waivers authorized under subparagraph 1427 (b)8., the number of students eligible for a waiver, the number 1428 of students receiving a waiver, and the value of waivers 1429 provided. 1430 4. Detailed expenditures of the revenues generated by the 1431 tuition differential. 1432 5. Changes in retention rates, graduation rates, the 1433 percentage of students graduating with more than 110 percent of 1434 the hours required for graduation, pass rates on licensure 1435 examinations, the number of undergraduate course offerings, the 1436 percentage of undergraduate students who are taught by faculty, 1437 student-faculty ratios, and the average salaries of faculty who 1438 teach undergraduate courses. 1439 (f) No state university shall be required to lower any 1440 tuition differential that was approved by the Board of Governors 1441 and in effect prior to January 1, 2009, in order to comply with 1442 the provisions of this subsection. 1443 (17)(a) A state university may assess a student who enrolls 1444 in a course listed in the Florida Higher Education Distance 1445 Learning Catalog, established pursuant to s. 1004.09, a per 1446 credit-hour distance learning course fee. For purposes of 1447 assessing this fee, a distance learning course is a course in 1448 which at least 80 percent of the direct instruction of the 1449 course is delivered using some form of technology when the 1450 student and instructor are separated by time or space, or both. 1451 (b) The amount of the distance learning course fee may not 1452 exceed the additional costs of the services provided which are 1453 attributable to the development and delivery of the distance 1454 learning course. If the distance learning course fee is assessed 1455 by a state university, the institution may not assess 1456 duplicative fees to cover the additional costs. 1457 (c) The link for the catalog must be prominently displayed 1458 within the advising and distance learning sections of the 1459 institution’s website, using a graphic and description provided 1460 by the Florida Distance Learning Consortium, informing students 1461 of the catalog. 1462 (18) A state university may not charge any fee except as 1463 specifically authorized by law. 1464 (19) The Board of Governors shall adopt regulations to 1465 implement the provisions of this section. 1466 Section 22. Subsection (9) of section 1009.26, Florida 1467 Statutes, is amended to read: 1468 1009.26 Fee waivers.— 1469 (9) Each university board of trustees is authorized to 1470 waive tuition and out-of-state fees for purposes that support 1471 and enhance the mission of the university. All fees waived must 1472 be based on policies that are adopted by university boards of 1473 trustees pursuant to regulationsrulesadopted by the Board of 1474 Governors. Each university shall report the purpose, number, and 1475 value of all fee waivers granted annually in a format prescribed 1476 by the Board of Governors. 1477 Section 23. Paragraph (b) of subsection (1) and paragraph 1478 (b) of subsection (4) of section 1010.04, Florida Statutes, are 1479 amended to read: 1480 1010.04 Purchasing.— 1481 (1) 1482 (b) Purchases and leases by state universities shall comply 1483 with the requirements of law and regulationsrulesof the Board 1484 of Governors. 1485 (4) 1486 (b) The Board of Governors may, by regulationrule, provide 1487 for alternative procedures for state universities for bidding or 1488 purchasing in cases in which the character of the item requested 1489 renders competitive bidding impractical. 1490 Section 24. Subsection (1) of section 1010.62, Florida 1491 Statutes, is amended to read: 1492 1010.62 Revenue bonds and debt.— 1493 (1) As used in this section, the term: 1494 (a) “Auxiliary enterprise” means any activity defined in s. 1495 1011.47(1) and performed by a university or a direct-support 1496 organization. 1497 (b)(a)“Capital outlay project” means: 1498 1. Any project to acquire, construct, improve, or change 1499 the functional use of land, buildings, and other facilities, 1500 including furniture and equipment necessary to operate a new or 1501 improved building or facility. 1502 2. Any other acquisition of equipment or software. 1503 (c)(b)“Debt” means bonds, except revenue bonds as defined 1504 in paragraph (e)(d), loans, promissory notes, lease-purchase 1505 agreements, certificates of participation, installment sales, 1506 leases, or any other financing mechanism or financial 1507 arrangement, whether or not a debt for legal purposes, for 1508 financing or refinancing for or on behalf of a state university 1509 or a direct-support organization or for the acquisition, 1510 construction, improvement, or purchase of capital outlay 1511 projects. 1512 (d)(c)“Direct-support organization” means an organization 1513 created pursuant to s. 1004.28 or any entity specifically 1514 established to incur debt. 1515 (e)(d)“Revenue bonds” means any obligation that 1516 constitutes a revenue bond pursuant to s. 11(d), Art. VII of the 1517 State Constitution. 1518 Section 25. Section 1011.43, Florida Statutes, is amended 1519 to read: 1520 1011.43 Investment of university agency and activity funds; 1521 earnings used for scholarships.—Each university is authorized to 1522 invest available agency and activity funds and to use the 1523 earnings from such investments for student scholarships and 1524 loans. The university board of trustees shall provide procedures 1525 for the administration of these scholarships and loans by 1526 regulationsrules. 1527 Section 26. Subsection (4) of section 1011.90, Florida 1528 Statutes, is amended to read: 1529 1011.90 State university funding.— 1530 (4) The Board of Governors shall establish and validate a 1531 cost-estimating system consistent with the requirements of 1532 subsection (1) and shall report as part of its legislative 1533 budget request the actual expenditures for the fiscal year 1534 ending the previous June 30. Expenditure analysis, operating 1535 budgets, and annual financial statements of each university must 1536 be prepared using the standard financial reporting procedures 1537 and formats prescribed by the Board of Governors. These formats 1538 shall be the same as used for the 2000-2001 fiscal year reports. 1539 Any revisions to these financial and reporting procedures and 1540 formats must be approved by the Executive Office of the Governor 1541 and the appropriations committees of the Legislature jointly 1542 under the provisions of s. 216.023(3). The Board of Governors 1543 shall continue to collect and maintain at a minimumthe1544 management informationdatabasesexisting on June 30, 2002. The 1545 expenditure analysis report shall include total expenditures 1546 from all sources for the general operation of the university and 1547 shall be in such detail as needed to support the legislative 1548 budget request. 1549 Section 27. Paragraph (b) of subsection (2) of section 1550 1013.02, Florida Statutes, is amended to read: 1551 1013.02 Purpose; rules and regulations.— 1552 (2) 1553 (b) The Board of Governors shall adopt regulations pursuant 1554 to its regulation development procedurerules pursuant to ss.1555120.536(1) and120.54to implement the provisions of this 1556 chapter for state universities. 1557 Section 28. Section 1013.10, Florida Statutes, is amended 1558 to read: 1559 1013.10 Use of buildings and grounds.—The board may permit 1560 the use of educational facilities and grounds for any legal 1561 assembly or for community use centers or may permit the same to 1562 be used as voting places in any primary, regular, or special 1563 election. The board shall adopt rules, regulations, or policies 1564 and procedures necessary to protect educational facilities and 1565 grounds when used for such purposes. 1566 Section 29. Paragraph (b) of subsection (5) of section 1567 1013.12, Florida Statutes, is amended to read: 1568 1013.12 Casualty, safety, sanitation, and firesafety 1569 standards and inspection of property.— 1570 (5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION 1571 FACILITIES.— 1572 (b) Firesafety inspections of state universities shall 1573 comply with regulationsrulesof the Board of Governors. 1574 Section 30. Paragraph (b) of subsection (1) of section 1575 1013.28, Florida Statutes, is amended to read: 1576 1013.28 Disposal of property.— 1577 (1) REAL PROPERTY.— 1578 (b) Subject to regulationsrulesof the Board of Governors, 1579 a state university board of trustees may dispose of any land or 1580 real property to which it holds valid title which is, by 1581 resolution of the state university board of trustees, determined 1582 to be unnecessary for educational purposes as recommended in an 1583 educational plant survey. A state university board of trustees 1584 shall take diligent measures to dispose of educational property 1585 only in the best interests of the public. However, appraisals 1586 may be obtained by the state university board of trustees prior 1587 to or simultaneously with the receipt of bids. 1588 Section 31. Subsection (22) of section 1013.30, Florida 1589 Statutes, is amended to read: 1590 1013.30 University campus master plans and campus 1591 development agreements.— 1592 (22) In consultation with the state land planning agency, 1593 the Board of Governors shall adopt a single, uniform set of 1594 regulationsrulesto administer subsections (3)-(6). The 1595 regulationsrulesmust set specific schedules and procedures for 1596 the development and adoption of campus master plans. Before 1597 adopting the regulationsrules, the Board of Governors must 1598 obtain written verification from the state land planning agency 1599 that the regulationsrulessatisfy the minimum statutory 1600 criteria required by subsections (3)-(6). The state land 1601 planning agency shall provide the verification within 45 days 1602 after receiving a copy of the regulationsrules. 1603 Section 32. Paragraph (b) of subsection (1) of section 1604 1013.31, Florida Statutes, is amended to read: 1605 1013.31 Educational plant survey; localized need 1606 assessment; PECO project funding.— 1607 (1) At least every 5 years, each board shall arrange for an 1608 educational plant survey, to aid in formulating plans for 1609 housing the educational program and student population, faculty, 1610 administrators, staff, and auxiliary and ancillary services of 1611 the district or campus, including consideration of the local 1612 comprehensive plan. The Department of Education shall document 1613 the need for additional career and adult education programs and 1614 the continuation of existing programs before facility 1615 construction or renovation related to career or adult education 1616 may be included in the educational plant survey of a school 1617 district or community college that delivers career or adult 1618 education programs. Information used by the Department of 1619 Education to establish facility needs must include, but need not 1620 be limited to, labor market data, needs analysis, and 1621 information submitted by the school district or community 1622 college. 1623 (b) Required need assessment criteria for district, 1624 community college, state university, and Florida School for the 1625 Deaf and the Blind plant surveys.—Educational plant surveys must 1626 use uniform data sources and criteria specified in this 1627 paragraph. Each revised educational plant survey and each new 1628 educational plant survey supersedes previous surveys. 1629 1. The school district’s survey must be submitted as a part 1630 of the district educational facilities plan defined in s. 1631 1013.35. To ensure that the data reported to the Department of 1632 Education as required by this section is correct, the department 1633 shall annually conduct an onsite review of 5 percent of the 1634 facilities reported for each school district completing a new 1635 survey that year. If the department’s review finds the data 1636 reported by a district is less than 95 percent accurate, within 1637 1 year from the time of notification by the department the 1638 district must submit revised reports correcting its data. If a 1639 district fails to correct its reports, the commissioner may 1640 direct that future fixed capital outlay funds be withheld until 1641 such time as the district has corrected its reports so that they 1642 are not less than 95 percent accurate. 1643 2. Each survey of a special facility, joint-use facility, 1644 or cooperative career education facility must be based on 1645 capital outlay full-time equivalent student enrollment data 1646 prepared by the department for school districts and community 1647 colleges and by the Chancellor of the State University System 1648 for universities. A survey of space needs of a joint-use 1649 facility shall be based upon the respective space needs of the 1650 school districts, community colleges, and universities, as 1651 appropriate. Projections of a school district’s facility space 1652 needs may not exceed the norm space and occupant design criteria 1653 established by the State Requirements for Educational 1654 Facilities. 1655 3. Each community college’s survey must reflect the 1656 capacity of existing facilities as specified in the inventory 1657 maintained by the Department of Education. Projections of 1658 facility space needs must comply with standards for determining 1659 space needs as specified by rule of the State Board of 1660 Education. The 5-year projection of capital outlay student 1661 enrollment must be consistent with the annual report of capital 1662 outlay full-time student enrollment prepared by the Department 1663 of Education. 1664 4. Each state university’s survey must reflect the capacity 1665 of existing facilities as specified in the inventory maintained 1666 and validated by the Chancellor of the State University System. 1667 Projections of facility space needs must be consistent with 1668 standards for determining space needs as specified by regulation 1669ruleof the Board of Governors. The projected capital outlay 1670 full-time equivalent student enrollment must be consistent with 1671 the 5-year planned enrollment cycle for the State University 1672 System approved by the Board of Governors. 1673 5. The district educational facilities plan of a school 1674 district and the educational plant survey of a community 1675 college, state university, or the Florida School for the Deaf 1676 and the Blind may include space needs that deviate from approved 1677 standards for determining space needs if the deviation is 1678 justified by the district or institution and approved by the 1679 department or the Board of Governors, as appropriate, as 1680 necessary for the delivery of an approved educational program. 1681 Section 33. Section 1013.47, Florida Statutes, is amended 1682 to read: 1683 1013.47 Substance of contract; contractors to give bond; 1684 penalties.—Each board shall develop contracts consistent with 1685 this chapter and statutes governing public facilities. Such a 1686 contract must contain the drawings and specifications of the 1687 work to be done and the material to be furnished, the time limit 1688 in which the construction is to be completed, the time and 1689 method by which payments are to be made upon the contract, and 1690 the penalty to be paid by the contractor for any failure to 1691 comply with the terms of the contract. The board may require the 1692 contractor to pay a penalty for any failure to comply with the 1693 terms of the contract and may provide an incentive for early 1694 completion. Upon accepting a satisfactory bid, the board shall 1695 enter into a contract with the party or parties whose bid has 1696 been accepted. The contractor shall furnish the board with a 1697 performance and payment bond as set forth in s. 255.05. A board 1698 or other public entity may not require a contractor to secure a 1699 surety bond under s. 255.05 from a specific agent or bonding 1700 company. Notwithstanding any other provision of this section, if 1701 25 percent or more of the costs of any construction project is 1702 paid out of a trust fund established pursuant to 31 U.S.C. s. 1703 1243(a)(1), laborers and mechanics employed by contractors or 1704 subcontractors on such construction will be paid wages not less 1705 than those prevailing on similar construction projects in the 1706 locality, as determined by the Secretary of Labor in accordance 1707 with the Davis-Bacon Act, as amended. A person, firm, or 1708 corporation that constructs any part of any educational plant, 1709 or addition thereto, on the basis of any unapproved plans or in 1710 violation of any plans approved in accordance with the 1711 provisions of this chapter and rules of the State Board of 1712 Education or regulations of the Board of Governors relating to 1713 building standards or specifications is subject to forfeiture of 1714 bond and unpaid compensation in an amount sufficient to 1715 reimburse the board for any costs that will need to be incurred 1716 in making any changes necessary to assure that all requirements 1717 are met and is also guilty of a misdemeanor of the second 1718 degree, punishable as provided in s. 775.082 or s. 775.083, for 1719 each separate violation. 1720 Section 34. Subsection (3) of section 1013.74, Florida 1721 Statutes, is amended to read: 1722 1013.74 University authorization for fixed capital outlay 1723 projects.— 1724 (3) Other than those projects currently authorized, no 1725 project proposed by a university which is to be funded from 1726 Capital Improvement Trust Fund fees or building fees shall be 1727 submitted to the Board of Governors for approval without prior 1728 consultation with the student government association of that 1729 university. The Board of Governors may adopt regulationsrules1730 which are consistent with this requirement. 1731 Section 35. (1) Sections 1001.74, 1004.21, 1004.38, 1732 1004.381, 1004.3811, 1004.382, 1004.383, 1004.386, and 1004.64, 1733 Florida Statutes, and subsection (13) of section 1004.22, 1734 Florida Statutes, are repealed. 1735 (2) It is the intent of the Legislature that the repeal of 1736 sections 1004.38, 1004.381, 1004.3811, 1004.382, 1004.383, 1737 1004.386, and 1004.64, Florida Statutes, by this act is to 1738 remove existing statutory authority that is no longer necessary 1739 for the degree programs and entities that were authorized under 1740 those provisions and does not affect the authority of a state 1741 university or the Board of Governors of the State University 1742 System to continue such programs and entities. 1743 Section 36. Each state university shall identify and submit 1744 to the Board of Governors a list of rules published in Titles 1745 6C1, 6C2, 6C3, 6C4, 6C5, 6C6, 6C7, 6C8, 6C9, 6C10, and 6C11, 1746 Florida Administrative Code, that have been superseded by 1747 regulations adopted by the Board of Governors or the university 1748 board of trustees pursuant to authority under s. 7, Art. IX of 1749 the State Constitution or for which specific statutory authority 1750 to adopt such regulations has been provided under this act. The 1751 Board of Governors shall confirm that the information provided 1752 complies with the provisions of this section and forward the 1753 information to the Department of State along with any rules of 1754 the Board of Governors published in Title 6C that meet the same 1755 criteria. The Department of State may remove from the Florida 1756 Administrative Code on or before June 30, 2011, any rule of a 1757 state university or the Board of Governors that derives purely 1758 from constitutional authority or for which statutory authority 1759 to adopt regulations instead of rules has been provided. If the 1760 Department of State removes a rule from the Florida 1761 Administrative Code pursuant to this section, it shall place a 1762 history note at the rule number indicating the action taken and 1763 referencing this section. 1764 Section 37. This act shall take effect July 1, 2010.