October 17, 2019
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The Florida Statutes

The 2010 Florida Statutes(including Special Session A)

Title XLVIII
K-20 EDUCATION CODE
Chapter 1011
PLANNING AND BUDGETING
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F.S. 1011.32
1011.32 1Community College Facility Enhancement Challenge Grant Program.
(1) The Legislature recognizes that the 1community colleges do not have sufficient physical facilities to meet the current demands of their instructional and community programs. It further recognizes that, to strengthen and enhance 1community colleges, it is necessary to provide facilities in addition to those currently available from existing revenue sources. It further recognizes that there are sources of private support that, if matched with state support, can assist in constructing much needed facilities and strengthen the commitment of citizens and organizations in promoting excellence at each 1community college. Therefore, it is the intent of the Legislature to establish a program to provide the opportunity for each 1community college through its direct-support organization to receive and match challenge grants for instructional and community-related capital facilities within the 1community college.
(2) There is established the 1Community College Facility Enhancement Challenge Grant Program for the purpose of assisting the 1community colleges in building high priority instructional and community-related capital facilities consistent with s. 1004.65, including common areas connecting such facilities. The direct-support organizations that serve the 1community colleges shall solicit gifts from private sources to provide matching funds for capital facilities. For the purposes of this section, private sources of funds shall not include any federal or state government funds that a 1community college may receive.
(3) The 1Community College Capital Facilities Matching Program shall provide funds to match private contributions for the development of high priority instructional and community-related capital facilities, including common areas connecting such facilities, within the 1community colleges.
(4) Within the direct-support organization of each 1community college there must be established a separate capital facilities matching account for the purpose of providing matching funds from the direct-support organization’s unrestricted donations or other private contributions for the development of high priority instructional and community-related capital facilities, including common areas connecting such facilities. The Legislature shall appropriate funds for distribution to a 1community college after matching funds are certified by the direct-support organization and 1community college. The Public Education Capital Outlay and Debt Service Trust Fund shall not be used as the source of the state match for private contributions.
(5) A project may not be initiated unless all private funds for planning, construction, and equipping the facility have been received and deposited in the direct-support organization’s matching account for this purpose. However, this requirement does not preclude the 1community college or direct-support organization from expending available funds from private sources to develop a prospectus, including preliminary architectural schematics or models, for use in its efforts to raise private funds for a facility and for site preparation, planning, and construction. The Legislature may appropriate the state’s matching funds in one or more fiscal years for the planning, construction, and equipping of an eligible facility. Each 1community college shall notify all donors of private funds of a substantial delay in the availability of state matching funds for this program.
(6) To be eligible to participate in the 1Community College Facility Enhancement Challenge Grant Program, a 1community college, through its direct-support organization, shall raise a contribution equal to one-half of the total cost of a facilities construction project from private sources which shall be matched by a state appropriation equal to the amount raised for a facilities construction project, subject to the General Appropriations Act.
(7) If the state’s share of the required match is insufficient to meet the requirements of subsection (6), the 1community college shall renegotiate the terms of the contribution with the donors. If the project is terminated, each private donation, plus accrued interest, reverts to the direct-support organization for remittance to the donor.
(8) By October 15 of each year, the State Board of Education shall transmit to the Governor and the Legislature a list of projects that meet all eligibility requirements to participate in the 1Community College Facility Enhancement Challenge Grant Program and a budget request that includes the recommended schedule necessary to complete each project.
(9) In order for a project to be eligible under this program, it must be survey recommended under the provisions of s. 1013.31 and included in the 1community college’s 5-year capital improvement plan, and it must receive approval from the State Board of Education or the Legislature.
(10) A 1community college project may not be removed from the approved 3-year PECO priority list because of its successful participation in this program until approved by the Legislature and provided for in the General Appropriations Act. When such a project is completed and removed from the list, all other projects shall move up on the 3-year PECO priority list.
(11) Any private matching funds for a project which are unexpended after the project is completed shall revert to the 1community college’s direct-support organization capital facilities matching account. The balance of any unexpended state matching funds shall be returned to the fund from which those funds were appropriated.
(12) The surveys, architectural plans, facility, and equipment shall be the property of the participating 1community college. A facility constructed under this section may be named in honor of a donor at the option of the 1community college district board of trustees. A facility may not be named after a living person without prior approval by the State Board of Education.
History.s. 631, ch. 2002-387; s. 1, ch. 2007-61; s. 29, ch. 2009-60; s. 179, ch. 2010-102; s. 23, ch. 2010-155.
1Note.Section 21, ch. 2010-70, directs the Division of Statutory Revision to prepare a reviser’s bill to substitute the term “Florida College System institution” for the terms “Florida college,” “community college,” and “junior college” where those terms appear in the Florida K-20 Education Code.
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