January 21, 2021
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       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. 1001.706 and
  169  1001.74.
  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 Education or the Board of Governors,
  175  as 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 Education or the Board of Governors,
  183  as 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 than the state universities
  192  and the 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,
  207  the total cost of loans or gifts of information technology to
  208  state universities to be used in instruction or research does
  209  not 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 agencies and state universities shall use the
  226  SUNCOM Network for agency and state university communications
  227  services as the services become available; however, no agency or
  228  university is 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 agency or university, the
  234  agency or university shall notify the department in writing and
  235  detail the requirements for that communications service. If the
  236  department is unable to meet an agency’s or university’s
  237  requirements by enhancing SUNCOM Network service, the department
  238  may grant the agency or university an 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 regulations rules to
  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; legislative
  302  finding 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 network
  404  (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 Legislature
  412  to reenact laws relating to the Board of Governors of the State
  413  University System, the university boards of trustees, the State
  414  Board of Education, and the postsecondary education system in
  415  accordance 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 of adopt rules pursuant to chapter 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 law rules pursuant to
  439  chapter 120 when exercising the powers, duties, and authority
  440  granted 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 regulations rules by students and student
  499  organizations, including regulations rules governing 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 regulations rules or
  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, the management
  562  information databases as such information databases existed 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 expected the
  576  president.
  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 it the board
  591  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 support
  763  from tuition and fees assessed pursuant to s. 1009.24 or from
  764  funds appropriated by the Legislature through the General
  765  Appropriations Act or other law. These criteria include, but are
  766  not limited to, the following:
  767         (a) New programs may not be approved unless the same
  768  objectives cannot be met through use of educational technology.
  769         (b) Unnecessary duplication of programs offered by public
  770  and independent institutions shall be avoided.
  771         (c) Cooperative programs, particularly within regions,
  772  should be encouraged.
  773         (d) New programs shall be approved only if they are
  774  consistent with the strategic plan adopted by the Board of
  775  Governors.
  776         (e) A new graduate-level program or professional-level
  777  program may be approved if:
  778         1. The university has taken into account the offerings of
  779  its counterparts, including institutions in other sectors,
  780  particularly at the regional level.
  781         2. The addition of the program will not alter the emphasis
  782  on undergraduate education.
  783         3. The regional need and demand for the program was
  784  addressed and the community needs are obvious.
  785         (3) New colleges, schools, or functional equivalents of any
  786  program that leads to a degree that is offered as a credential
  787  for a specific license granted under the Florida Statutes or the
  788  State Constitution and that will receive any support from
  789  tuition and fees or from funds appropriated by the Legislature
  790  through the General Appropriations Act or other law shall not be
  791  established 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 regulation rule and 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
  811  rules formulated 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; rulemaking
  817  authority to adopt rules or regulations.—
  818         (1) Each community college and state university may 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 college and state university may 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 of or the 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 college and state university may
  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 college and state university shall 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 regulations rules to
  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 regulations rules to 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 regulations rules to 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 regulations rules and 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 regulations rules and 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 regulations rules and 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 per
 1188  credit hour, beginning with the fall term of the 2009-2010
 1189  academic year. The revenue from this fee shall be used to
 1190  enhance instructional technology resources for students and
 1191  faculty. The technology fee shall not be included in any award
 1192  under 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 to
 1202  establish a nonrefundable admissions deposit for undergraduate,
 1203  graduate, and professional degree programs in an amount not to
 1204  exceed $200. The admissions deposit shall be imposed at the time
 1205  of an applicant’s acceptance to the university and shall be
 1206  applied toward tuition upon enrollment. In the event the
 1207  applicant does not enroll in the university, the admissions
 1208  deposit shall be deposited in an auxiliary account of the
 1209  university and used to expand financial assistance,
 1210  scholarships, and student academic and career counseling
 1211  services at the university. A university board of trustees that
 1212  establishes an admissions deposit pursuant to this subsection
 1213  must also adopt policies that provide for the waiver of such
 1214  deposit 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
 1314  Each university may assess a service charge for the payment of
 1315  tuition and fees in installments. Such service charge must be
 1316  approved 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 to may not be calculated as a part of the
 1377  scholarship programs established in ss. 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 regulations rules adopted 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 regulations rules of the Board
 1484  of Governors.
 1485         (4)
 1486         (b) The Board of Governors may, by regulation rule, 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  regulations rules.
 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 minimum the
 1544  management information databases existing 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 procedure rules pursuant to ss.
 1555  120.536(1) and 120.54 to 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 regulations rules of 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 regulations rules of 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  regulations rules to administer subsections (3)-(6). The
 1595  regulations rules must set specific schedules and procedures for
 1596  the development and adoption of campus master plans. Before
 1597  adopting the regulations rules, the Board of Governors must
 1598  obtain written verification from the state land planning agency
 1599  that the regulations rules satisfy 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 regulations rules.
 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
 1669  rule of 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 regulations rules
 1730  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.

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