January 21, 2021
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       Florida Senate - 2010                      CS for CS for SB 1786
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Higher Education; and Senators Oelrich and Lynn
       
       
       
       576-05325-10                                          20101786c2
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 110.181, F.S.; conforming a cross-reference to
    4         changes made by the act; amending ss. 112.19 and
    5         112.191, F.S.; requiring the Board of Governors of the
    6         State University System to adopt regulations rather
    7         than rules to implement certain educational benefits;
    8         amending s. 120.81, F.S.; providing that state
    9         universities are not required to file certain
   10         documents with the Administrative Procedures
   11         Committee; amending s. 282.0041, F.S.; revising
   12         definitions relating to information technology
   13         services to conform to changes made by the act;
   14         amending s. 282.703, F.S.; revising provisions
   15         relating to the participation of state universities in
   16         the SUNCOM Network; amending s. 282.706, F.S.;
   17         revising provisions relating to the use of the SUNCOM
   18         Network by state university libraries; amending s.
   19         287.064, F.S.; conforming a cross-reference to changes
   20         made by the act; amending s. 1000.05, F.S.; requiring
   21         the Board of Governors to adopt regulations rather
   22         than rules relating to discrimination; amending s.
   23         1001.705, F.S.; revising provisions relating to
   24         responsibility for the State University System under
   25         the State Constitution; deleting legislative findings
   26         and intent; providing the constitutional duties of the
   27         Board of Governors; providing the constitutional
   28         duties of the Legislature; deleting a duty relating to
   29         the participation of state universities in the SUNCOM
   30         Network; amending s. 1001.706, F.S.; revising powers
   31         and duties of the Board of Governors; providing that
   32         the Board of Governors has the authority to regulate
   33         the State University System and may adopt a regulation
   34         development procedure for the board and university
   35         boards of trustees to use in implementing their
   36         constitutional duties and responsibilities;
   37         authorizing the Board of Governors or its designee to
   38         adopt regulations; providing requirements for the
   39         regulation development procedure; providing
   40         requirements for judicial review of certain
   41         challenges; revising the Board of Governors’ powers
   42         and duties relating to accountability and personnel;
   43         providing legislative intent that the Board of
   44         Governors align the missions of universities with
   45         certain factors; providing requirements for a mission
   46         alignment and strategic plan; affording opportunities
   47         to certain universities; amending s. 1001.72, F.S.;
   48         providing that the board of trustees is the
   49         university’s contracting agent; creating s. 1004.015,
   50         F.S.; creating the Higher Education Coordinating
   51         Council; providing for membership; providing guiding
   52         principles for council recommendations to the
   53         Legislature, State Board of Education, and Board of
   54         Governors; amending s. 1004.03, F.S.; revising
   55         provisions relating to review and approval of new
   56         programs at state universities by the Board of
   57         Governors; requiring an annual report of the review of
   58         proposed new programs; eliminating the requirement
   59         that certain programs be approved by the Legislature;
   60         amending s. 1004.07, F.S.; requiring the Board of
   61         Governors to adopt regulations rather than rules
   62         relating to student withdrawal from courses due to
   63         military service; amending s. 1006.54, F.S.; requiring
   64         university boards of trustees to adopt regulations
   65         rather than rules relating to documents distributed to
   66         libraries; amending s. 1006.60, F.S.; revising
   67         provisions relating to state university codes of
   68         conduct to authorize the adoption of regulations
   69         rather than rules; amending s. 1006.65, F.S.;
   70         requiring the Board of Governors to adopt regulations
   71         rather than rules relating to safety issues in courses
   72         offered by state universities; amending ss. 1007.264
   73         and 1007.265, F.S.; requiring the Board of Governors
   74         to adopt regulations rather than rules relating to
   75         admission and graduation requirements for students
   76         with disabilities; amending s. 1009.24, F.S.;
   77         reorganizing certain provisions of law relating to
   78         state university student fees; authorizing the Board
   79         of Governors to approve flexible tuition policies
   80         requested by a university board of trustees; providing
   81         that certain fees be based on reasonable costs of
   82         services and used for certain purposes; authorizing
   83         the Board of Governors to approve a proposal from a
   84         university board of trustees to establish a new
   85         student fee, increase the cap for an existing fee, or
   86         implement flexible tuition policies; providing
   87         guidelines for review of proposals; requiring an
   88         annual report; prohibiting certain fees from exceeding
   89         a specified amount, being included in certain
   90         scholarship awards, and being used for certain
   91         purposes; requiring a fee committee to make
   92         recommendations relating to a new fee; providing
   93         restrictions on fee increases; requiring the Board of
   94         Governors to adopt regulations; amending s. 1009.26,
   95         F.S.; requiring the Board of Governors to adopt
   96         regulations rather than rules relating to fee waivers;
   97         amending s. 1010.04, F.S.; providing that the Board of
   98         Governors shall adopt regulations rather than rules
   99         for purchases and leases; amending s. 1010.62, F.S.;
  100         defining the term “auxiliary enterprise” for purposes
  101         of revenue bonds and debt; amending s. 1011.43, F.S.;
  102         requiring university boards of trustees to adopt
  103         regulations rather than rules for administration of
  104         certain scholarships and loans; amending s. 1011.90,
  105         F.S.; revising provisions relating to management
  106         information maintained by the Board of Governors;
  107         amending s. 1013.02, F.S.; requiring the Board of
  108         Governors to adopt regulations rather than rules to
  109         implement provisions of law relating to educational
  110         facilities; amending s. 1013.10, F.S.; providing for
  111         university board of trustee regulations for the use of
  112         educational buildings and grounds; amending ss.
  113         1013.12 and 1013.28, F.S.; requiring the Board of
  114         Governors to adopt regulations rather than rules
  115         relating to firesafety inspections and disposal of
  116         real property; amending s. 1013.30, F.S.; requiring
  117         the Board of Governors to adopt regulations rather
  118         than rules relating to university campus master plans;
  119         amending s. 1013.31, F.S.; requiring the Board of
  120         Governors to adopt regulations rather than rules for
  121         determining facility space needs; amending s. 1013.47,
  122         F.S.; requiring the Board of Governors to adopt
  123         regulations rather than rules relating to building
  124         standards; amending s. 1013.74, F.S.; authorizing the
  125         Board of Governors to adopt regulations rather than
  126         rules relating to authorization for fixed capital
  127         outlay projects; repealing s. 1001.74, F.S., relating
  128         to powers and duties of university boards of trustees;
  129         repealing s. 1004.21, F.S., relating to general
  130         provisions for state universities; repealing s.
  131         1004.22(13), F.S., relating to rulemaking by a
  132         university board of trustees with respect to divisions
  133         of sponsored research; repealing s. 1004.38, F.S.,
  134         relating to the master of science program in speech
  135         language pathology at Florida International
  136         University; repealing s. 1004.381, F.S., relating to
  137         the bachelor of science nursing degree program at the
  138         University of West Florida; repealing s. 1004.3811,
  139         F.S., relating to the master of science degree
  140         programs in nursing and social work at the University
  141         of West Florida; repealing s. 1004.382, F.S., relating
  142         to the master’s in social work program at Florida
  143         Atlantic University; repealing s. 1004.383, F.S.,
  144         relating to a chiropractic medicine degree program at
  145         Florida State University; repealing s. 1004.386, F.S.,
  146         relating to a bachelor of science degree program in
  147         long-term care administration at Florida Gulf Coast
  148         University; repealing s. 1004.64, F.S., relating to
  149         the School of Engineering at Florida Gulf Coast
  150         University and specified bachelor’s degrees; providing
  151         legislative intent for the repeal of certain sections;
  152         requiring each state university to identify and submit
  153         to the Board of Governors a list of certain rules that
  154         have been superseded by regulations; providing for
  155         submission of such rules and certain rules of the
  156         Board of Governors to the Department of State;
  157         authorizing the Department of State to remove rules
  158         from the Florida Administrative Code; providing an
  159         effective date.
  160  
  161  Be It Enacted by the Legislature of the State of Florida:
  162  
  163         Section 1. Subsection (5) of section 110.181, Florida
  164  Statutes, is amended to read:
  165         110.181 Florida State Employees’ Charitable Campaign.—
  166         (5) PARTICIPATION OF STATE UNIVERSITIES.—Each university
  167  may elect to participate in the Florida State Employees’
  168  Charitable Campaign, upon timely notice to the department. Each
  169  university may also conduct annual charitable fundraising drives
  170  for employees under the authority granted in s. ss. 1001.706 and
  171  1001.74.
  172         Section 2. Subsection (5) of section 112.19, Florida
  173  Statutes, is amended to read:
  174         112.19 Law enforcement, correctional, and correctional
  175  probation officers; death benefits.—
  176         (5) The State Board of Education or the Board of Governors,
  177  as appropriate, shall adopt rules and procedures, and the Board
  178  of Governors shall adopt regulations and procedures, as are
  179  appropriate and necessary to implement the educational benefits
  180  provisions of this section.
  181         Section 3. Subsection (5) of section 112.191, Florida
  182  Statutes, is amended to read:
  183         112.191 Firefighters; death benefits.—
  184         (5) The State Board of Education or the Board of Governors,
  185  as appropriate, shall adopt rules and procedures, and the Board
  186  of Governors shall adopt regulations and procedures, as are
  187  appropriate and necessary to implement the educational benefits
  188  provisions of this section.
  189         Section 4. Paragraph (e) of subsection (1) of section
  190  120.81, Florida Statutes, is amended to read:
  191         120.81 Exceptions and special requirements; general areas.—
  192         (1) EDUCATIONAL UNITS.—
  193         (e) Educational units, other than the state universities
  194  and the Florida School for the Deaf and the Blind, shall not be
  195  required to make filings with the committee of the documents
  196  required to be filed by s. 120.54 or s. 120.55(1)(a)4.
  197         Section 5. Subsections (1) and (26) of section 282.0041,
  198  Florida Statutes, are amended to read:
  199         282.0041 Definitions.—As used in this chapter, the term:
  200         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  201  except that for purposes of this chapter, “agency” does not
  202  include university boards of trustees or state universities.
  203         (26) “Total cost” means all costs associated with
  204  information technology projects or initiatives, including, but
  205  not limited to, value of hardware, software, service,
  206  maintenance, incremental personnel, and facilities. Total cost
  207  of a loan or gift of information technology resources to an
  208  agency includes the fair market value of the resources; however,
  209  the total cost of loans or gifts of information technology to
  210  state universities to be used in instruction or research does
  211  not include fair market value.
  212         Section 6. Subsections (1) and (3) of section 282.703,
  213  Florida Statutes, are amended, and subsection (4) is added to
  214  that section, to read:
  215         282.703 SUNCOM Network; exemptions from the required use.—
  216         (1) There is created within the department the SUNCOM
  217  Network, which shall be developed to serve as the state
  218  communications system for providing local and long-distance
  219  communications services to state agencies, political
  220  subdivisions of the state, municipalities, state universities,
  221  and nonprofit corporations pursuant to this part. The SUNCOM
  222  Network shall be developed to transmit all types of
  223  communications signals, including, but not limited to, voice,
  224  data, video, image, and radio. State agencies shall cooperate
  225  and assist in the development and joint use of communications
  226  systems and services.
  227         (3) All state agencies and state universities shall use the
  228  SUNCOM Network for agency and state university communications
  229  services as the services become available; however, no agency or
  230  university is relieved of responsibility for maintaining
  231  communications services necessary for effective management of
  232  its programs and functions. The department may provide such
  233  communications services to a state university if requested by
  234  the university. If a SUNCOM Network service does not meet the
  235  communications requirements of an agency or university, the
  236  agency or university shall notify the department in writing and
  237  detail the requirements for that communications service. If the
  238  department is unable to meet an agency’s or university’s
  239  requirements by enhancing SUNCOM Network service, the department
  240  may grant the agency or university an exemption from the
  241  required use of specified SUNCOM Network services.
  242         (4) This section may not be construed to require a state
  243  university to use SUNCOM Network communication services.
  244         Section 7. Section 282.706, Florida Statutes, is amended to
  245  read:
  246         282.706 Use of SUNCOM Network by libraries.—The department
  247  may provide SUNCOM Network services to any library in the state,
  248  including libraries in public schools, community colleges, state
  249  universities, and nonprofit private postsecondary educational
  250  institutions, and libraries owned and operated by municipalities
  251  and political subdivisions. This section may not be construed to
  252  require a state university library to use SUNCOM Network
  253  services.
  254         Section 8. Subsection (1) of section 287.064, Florida
  255  Statutes, is amended to read:
  256         287.064 Consolidated financing of deferred-payment
  257  purchases.—
  258         (1) The Division of Bond Finance of the State Board of
  259  Administration and the Chief Financial Officer shall plan and
  260  coordinate deferred-payment purchases made by or on behalf of
  261  the state or its agencies or by or on behalf of state
  262  universities or state community colleges participating under
  263  this section pursuant to s. 1001.706(7) s. 1001.74(6) or s.
  264  1001.64(26), respectively. The Division of Bond Finance shall
  265  negotiate and the Chief Financial Officer shall execute
  266  agreements and contracts to establish master equipment financing
  267  agreements for consolidated financing of deferred-payment,
  268  installment sale, or lease purchases with a financial
  269  institution or a consortium of financial institutions. As used
  270  in this act, the term “deferred-payment” includes installment
  271  sale and lease-purchase.
  272         (a) The period during which equipment may be acquired under
  273  any one master equipment financing agreement shall be limited to
  274  not more than 3 years.
  275         (b) Repayment of the whole or a part of the funds drawn
  276  pursuant to the master equipment financing agreement may
  277  continue beyond the period established pursuant to paragraph
  278  (a).
  279         (c) The interest rate component of any master equipment
  280  financing agreement shall be deemed to comply with the interest
  281  rate limitation imposed in s. 287.063 so long as the interest
  282  rate component of every interagency, state university, or
  283  community college agreement entered into under such master
  284  equipment financing agreement complies with the interest rate
  285  limitation imposed in s. 287.063. Such interest rate limitation
  286  does not apply when the payment obligation under the master
  287  equipment financing agreement is rated by a nationally
  288  recognized rating service in any one of the three highest
  289  classifications, which rating services and classifications are
  290  determined pursuant to rules adopted by the Chief Financial
  291  Officer.
  292         Section 9. Paragraph (b) of subsection (5) of section
  293  1000.05, Florida Statutes, is amended to read:
  294         1000.05 Discrimination against students and employees in
  295  the Florida K-20 public education system prohibited; equality of
  296  access required.—
  297         (5)
  298         (b) The Board of Governors shall adopt regulations rules to
  299  implement this section as it relates to state universities.
  300         Section 10. Section 1001.705, Florida Statutes, is amended
  301  to read:
  302         1001.705 Responsibility for the State University System
  303  under s. 7, Art. IX of the State Constitution; legislative
  304  finding and intent.—
  305         (1) LEGISLATIVE FINDINGS.—
  306         (1)(a) DEFINITIONS.—For purposes of this act, the term:
  307         (a)1. “Board of Governors” as it relates to the State
  308  University System and as used in s. 7, Art. IX of the State
  309  Constitution and Title XLVIII and other sections of the Florida
  310  Statutes is the Board of Governors of the State University
  311  System which belongs to and is part of the executive branch of
  312  state government.
  313         (b)2. “Institutions of higher learning” as used in the
  314  State Constitution and the Florida Statutes includes publicly
  315  funded state universities.
  316         (c)3. “Public officer” as used in the Florida Statutes
  317  includes members of the Board of Governors.
  318         (d)4. “State university” or “state universities” as used in
  319  the State Constitution and the Florida Statutes are agencies of
  320  the state which belong to and are part of the executive branch
  321  of state government. This definition of state universities as
  322  state agencies is only for the purposes of the delineation of
  323  constitutional lines of authority. Statutory exemptions for
  324  state universities from statutory provisions relating to state
  325  agencies that are in effect on the effective date of this act
  326  remain in effect and are not repealed by virtue of this
  327  definition of state universities.
  328         (2)(b) CONSTITUTIONAL DUTIES OF THE BOARD OF GOVERNORS OF
  329  THE STATE UNIVERSITY SYSTEM.—In accordance with s. 7, Art. IX of
  330  the State Constitution, the Board of Governors of the State
  331  University System has the duty to operate, regulate, control,
  332  and be fully responsible for the management of the whole
  333  publicly funded State University System and the board, or the
  334  board’s designee, has responsibility for:
  335         (a)1. Defining the distinctive mission of each constituent
  336  university.
  337         (b)2. Defining the articulation of each constituent
  338  university in conjunction with the Legislature’s authority over
  339  the public schools and community colleges.
  340         (c)3. Ensuring the well-planned coordination and operation
  341  of the State University System.
  342         (d)4. Avoiding wasteful duplication of facilities or
  343  programs within the State University System.
  344         (e)5. Accounting for expenditure of funds appropriated by
  345  the Legislature for the State University System as provided by
  346  law.
  347         (f)6. Submitting a budget request for legislative
  348  appropriations for the institutions under the supervision of the
  349  board as provided by law.
  350         (g)7. Adopting strategic plans for the State University
  351  System and each constituent university.
  352         (h)8. Approving, reviewing, and terminating degree programs
  353  of the State University System.
  354         (i)9. Governing admissions to the state universities.
  355         (j)10. Serving as the public employer to all public
  356  employees of state universities for collective bargaining
  357  purposes.
  358         (k)11. Establishing a personnel system for all state
  359  university employees; however, the Department of Management
  360  Services shall retain authority over state university employees
  361  for programs established in ss. 110.123, 110.1232, 110.1234,
  362  110.1238, and 110.161, and in chapters 121, 122, and 238.
  363         (l)12. Complying with, and enforcing for institutions under
  364  the board’s jurisdiction, all applicable local, state, and
  365  federal laws.
  366         (3)(c) CONSTITUTIONAL DUTIES OF THE LEGISLATURE.—In
  367  accordance with s. 3, Art. II of the State Constitution, which
  368  establishes the separation of powers of three branches of
  369  government; s. 1, Art. III of the State Constitution, which
  370  vests the legislative power of the state in the Legislature; s.
  371  8, Art. III of the State Constitution, which provides the
  372  exclusive executive veto power of the Governor and the exclusive
  373  veto override power of the Legislature; s. 19, Art. III of the
  374  State Constitution, which requires the Legislature to enact
  375  state planning and budget processes and requirements for budget
  376  requests by general law; s. 1, Art. VII of the State
  377  Constitution, which requires that the authority to expend state
  378  funds be by general law enacted by the Legislature; and s. 1,
  379  Art. IX of the State Constitution, which requires the
  380  Legislature to make adequate provision by law for the
  381  “establishment, maintenance, and operation of institutions of
  382  higher learning,” the Legislature has the following
  383  responsibilities:
  384         (a)1. Making provision by law for the establishment,
  385  maintenance, and operation of institutions of higher learning
  386  and other public education programs that the needs of the people
  387  may require.
  388         (b)2. Appropriating all state funds through the General
  389  Appropriations Act or other law.
  390         (c)3. Establishing tuition and fees.
  391         (d)4. Establishing policies relating to merit and need
  392  based student financial aid.
  393         (e)5. Establishing policies relating to expenditure of,
  394  accountability for, and management of funds appropriated by the
  395  Legislature or revenues authorized by the Legislature. This
  396  includes, but is not limited to, policies relating to:
  397  budgeting; deposit of funds; investments; accounting;
  398  purchasing, procurement, and contracting; insurance; audits;
  399  maintenance and construction of facilities; property; bond
  400  financing; leasing; and information reporting.
  401         (f)6. Maintaining the actuarial and fiscal soundness of
  402  centrally administered state systems by requiring state
  403  universities to continue to participate in programs such as the
  404  Florida Retirement System, the state group health insurance
  405  programs, the state telecommunications and data network
  406  (SUNCOM), and the state casualty insurance program.
  407         (g)7. Establishing and regulating the use of state powers
  408  and protections, including, but not limited to, eminent domain,
  409  certified law enforcement, and sovereign immunity.
  410         (h)8. Establishing policies relating to the health, safety,
  411  and welfare of students, employees, and the public while present
  412  on the campuses of institutions of higher learning.
  413         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  414  to reenact laws relating to the Board of Governors of the State
  415  University System, the university boards of trustees, the State
  416  Board of Education, and the postsecondary education system in
  417  accordance with the findings of this act.
  418         Section 11. Section 1001.706, Florida Statutes, is amended
  419  to read:
  420         1001.706 Powers and duties of the Board of Governors.—
  421         (1) GENERAL PROVISIONS.—
  422         (a) For each constituent university, the Board of
  423  Governors, or the board’s designee, shall be responsible for
  424  cost-effective policy decisions appropriate to the university’s
  425  mission, the implementation and maintenance of high-quality
  426  education programs within law, the measurement of performance,
  427  the reporting of information, and the provision of input
  428  regarding state policy, budgeting, and education standards.
  429         (2) REGULATORY AUTHORITY.—
  430         (a) Pursuant to s. 7, Art. IX of the State Constitution,
  431  the Board of Governors has the authority to regulate the State
  432  University System and may adopt a regulation development
  433  procedure for the Board of Governors and the university boards
  434  of trustees to use in implementing their constitutional duties
  435  and responsibilities.
  436         (b) The Board of Governors shall be subject to the
  437  provisions of adopt rules pursuant to chapter 120 when acting
  438  pursuant to statutory authority derived from the Legislature,
  439  except that. the Board of Governors may adopt regulations if
  440  expressly authorized or required by law rules pursuant to
  441  chapter 120 when exercising the powers, duties, and authority
  442  granted by s. 7, Art. IX of the State Constitution. Such
  443  regulations must be adopted pursuant to a development procedure
  444  that complies with paragraph (c). If the Board of Governors
  445  delegates a power or duty to a university board of trustees as
  446  the designee, the authority to adopt rules or regulations is
  447  included in the delegation. If the Board of Governors delegates
  448  a statutory power or duty to a university board of trustees, the
  449  university board of trustees shall be subject to the provisions
  450  of chapter 120 but may adopt regulations to the same extent as
  451  the Board of Governors under this subsection.
  452         (c) The development procedure for regulations authorized or
  453  required by law must provide for notice to the public of, and an
  454  opportunity for public comment on, the proposed adoption,
  455  amendment, or repeal of a regulation; a process for a
  456  substantially affected person to challenge a statement of
  457  general applicability that has not been properly adopted as a
  458  regulation; a process for a substantially affected person to
  459  challenge an unlawful regulation; and a process for the adoption
  460  of and challenges to emergency regulations that are necessary to
  461  protect the public interest in the emergency. Judicial review
  462  shall be sought in the appellate district in which the
  463  headquarters of the Board of Governors is located or in which
  464  the main campus of the state university is located, as
  465  applicable. The regulation development procedure shall be
  466  published prominently on the websites of the Board of Governors
  467  and the state universities.
  468         (3)(2) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  469  OPERATION OF STATE UNIVERSITIES.—
  470         (a) The Board of Governors, or the board’s designee, shall
  471  develop guidelines and procedures related to data and
  472  technology, including information systems, communications
  473  systems, computer hardware and software, and networks.
  474         (b) The Board of Governors shall develop guidelines
  475  relating to divisions of sponsored research, pursuant to the
  476  provisions of s. 1004.22, to serve the function of
  477  administration and promotion of the programs of research.
  478         (c) The Board of Governors shall prescribe conditions for
  479  direct-support organizations and university health services
  480  support organizations to be certified and to use university
  481  property and services. Conditions relating to certification must
  482  provide for audit review and oversight by the Board of
  483  Governors.
  484         (d) The Board of Governors shall develop guidelines for
  485  supervising faculty practice plans for the academic health
  486  science centers.
  487         (e) The Board of Governors shall ensure that students at
  488  state universities have access to general education courses as
  489  provided in the statewide articulation agreement, pursuant to s.
  490  1007.23.
  491         (f) The Board of Governors shall approve baccalaureate
  492  degree programs that require more than 120 semester credit hours
  493  of coursework prior to such programs being offered by a state
  494  university. At least half of the required coursework for any
  495  baccalaureate degree must be offered at the lower-division
  496  level, except in program areas approved by the Board of
  497  Governors.
  498         (g) The Board of Governors, or the board’s designee, shall
  499  adopt a written antihazing policy, appropriate penalties for
  500  violations of such policy, and a program for enforcing such
  501  policy.
  502         (h) The Board of Governors, or the board’s designee, may
  503  establish a uniform code of conduct and appropriate penalties
  504  for violations of its regulations rules by students and student
  505  organizations, including regulations rules governing student
  506  academic honesty. Such penalties, unless otherwise provided by
  507  law, may include reasonable fines, the withholding of diplomas
  508  or transcripts pending compliance with regulations rules or
  509  payment of fines, and the imposition of probation, suspension,
  510  or dismissal.
  511         (4)(3) POWERS AND DUTIES RELATING TO FINANCE.—
  512         (a) The Board of Governors, or the board’s designee, shall
  513  account for expenditures of all state, local, federal, and other
  514  funds. Such accounting systems shall have appropriate audit and
  515  internal controls in place that will enable the constituent
  516  universities to satisfactorily and timely perform all accounting
  517  and reporting functions required by state and federal law and
  518  rules.
  519         (b) The Board of Governors shall prepare the legislative
  520  budget requests for the State University System, including a
  521  request for fixed capital outlay, and submit them to the State
  522  Board of Education for inclusion in the K-20 legislative budget
  523  request. The Board of Governors shall provide the state
  524  universities with fiscal policy guidelines, formats, and
  525  instruction for the development of individual university budget
  526  requests.
  527         (c) The Board of Governors, or the board’s designee, shall
  528  establish tuition and fees pursuant to ss. 1009.24 and 1009.26.
  529         (d) The Board of Governors, or the board’s designee, is
  530  authorized to secure comprehensive general liability insurance
  531  pursuant to s. 1004.24.
  532         (5)(4) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  533         (a) The Legislature intends that the Board of Governors
  534  shall align the missions of each constituent university with the
  535  academic success of its students; the national reputation of its
  536  faculty and its academic and research programs; the quantity of
  537  externally generated research, patents, and licenses; and the
  538  strategic and accountability plans required in paragraphs (b)
  539  and (c). The mission alignment and strategic plan shall consider
  540  peer institutions at the constituent universities. The mission
  541  alignment and strategic plan shall acknowledge that universities
  542  that have a national and international impact have the greatest
  543  capacity to promote the state’s economic development through:
  544  new discoveries, patents, licenses, and technologies that
  545  generate state businesses of global importance; research
  546  achievements through external grants and contracts that are
  547  comparable to nationally recognized and ranked universities; the
  548  creation of a resource rich academic environment that attracts
  549  high-technology business and venture capital to the state; and
  550  this generation’s finest minds focusing on solving the state’s
  551  economic, social, environmental, and legal problems in the areas
  552  of life sciences, water, sustainability, energy, and health
  553  care. A nationally recognized and ranked university that has a
  554  global perspective and impact shall be afforded the opportunity
  555  to enable and protect the university’s competitiveness on the
  556  global stage in fair competition with other institutions of
  557  other states in the highest Carnegie Classification.
  558         (b)(a) The Board of Governors shall develop a strategic
  559  plan specifying goals and objectives for the State University
  560  System and each constituent university.
  561         (c)(b) The Board of Governors shall develop an
  562  accountability plan for the State University System and each
  563  constituent university.
  564         (d)(c) The Board of Governors shall maintain an effective
  565  information system to provide accurate, timely, and cost
  566  effective information about each university. The board shall
  567  continue to collect and maintain, at a minimum, the management
  568  information databases as such information databases existed on
  569  June 30, 2002.
  570         (e)(d) If the Board of Governors of the State University
  571  System determines that a state university board of trustees is
  572  unwilling or unable to address substantiated allegations made by
  573  any person relating to waste, fraud, or financial mismanagement
  574  within the state university, the Office of the Inspector General
  575  shall investigate the allegations.
  576         (6)(5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  577         (a) The Board of Governors, or the board’s designee, shall
  578  establish the personnel program for all employees of a state
  579  university except that the Board of Governors shall confirm the
  580  presidential selection by a university board of trustees as a
  581  means of acknowledging that system cooperation is expected the
  582  president.
  583         (b) The Department of Management Services shall retain
  584  authority over state university employees for programs
  585  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
  586  110.161 and in chapters 121, 122, and 238. Unless specifically
  587  authorized by law, neither the Board of Governors nor a state
  588  university may offer group insurance programs for employees as a
  589  substitute for or as an alternative to the health insurance
  590  programs offered pursuant to chapter 110.
  591         (c) Except as otherwise provided by law, university
  592  employees are public employees for purposes of chapter 112 and
  593  any payment for travel and per diem expenses shall not exceed
  594  the level specified in s. 112.061.
  595         (d) The Board of Governors, or the board’s designee, may
  596  not enter into an employment contract that requires it the board
  597  to pay an employee an amount from state funds in excess of 1
  598  year of the employee’s annual salary for termination, buyout, or
  599  any other type of contract settlement. This paragraph does not
  600  prohibit the payment of leave and benefits accrued by the
  601  employee in accordance with the board’s or designee’s leave and
  602  benefits policies before the contract terminates.
  603         (7)(6) POWERS AND DUTIES RELATING TO PROPERTY.—
  604         (a) The Board of Governors shall develop guidelines for
  605  university boards of trustees relating to the acquisition of
  606  real and personal property and the sale and disposal thereof and
  607  the approval and execution of contracts for the purchase, sale,
  608  lease, license, or acquisition of commodities, goods, equipment,
  609  contractual services, leases of real and personal property, and
  610  construction. The acquisition may include purchase by
  611  installment or lease-purchase. Such contracts may provide for
  612  payment of interest on the unpaid portion of the purchase price.
  613  Title to all real property acquired prior to January 7, 2003,
  614  and to all real property acquired with funds appropriated by the
  615  Legislature shall be vested in the Board of Trustees of the
  616  Internal Improvement Trust Fund and shall be transferred and
  617  conveyed by it. Notwithstanding any other provisions of this
  618  subsection, each board of trustees shall comply with the
  619  provisions of s. 287.055 for the procurement of professional
  620  services as defined therein. Any acquisition pursuant to this
  621  paragraph is subject to the provisions of s. 1010.62.
  622         (b) The Board of Governors shall develop guidelines for
  623  university boards of trustees relating to the use, maintenance,
  624  protection, and control of university-owned or university
  625  controlled buildings and grounds, property and equipment, name,
  626  trademarks and other proprietary marks, and the financial and
  627  other resources of the university. Such authority may include
  628  placing restrictions on activities and on access to facilities,
  629  firearms, food, tobacco, alcoholic beverages, distribution of
  630  printed materials, commercial solicitation, animals, and sound.
  631  The authority provided the board of trustees in this subsection
  632  includes the prioritization of the use of space, property,
  633  equipment, and resources and the imposition of charges for those
  634  items.
  635         (c) The Board of Governors, or the board’s designee, shall
  636  administer a program for the maintenance and construction of
  637  facilities pursuant to chapter 1013.
  638         (d) The Board of Governors, or the board’s designee, shall
  639  ensure compliance with the provisions of s. 287.09451 for all
  640  procurement and ss. 255.101 and 255.102 for construction
  641  contracts, and rules adopted pursuant thereto, relating to the
  642  utilization of minority business enterprises, except that
  643  procurements costing less than the amount provided for in
  644  CATEGORY FIVE as provided in s. 287.017 shall not be subject to
  645  s. 287.09451.
  646         (e) Notwithstanding the provisions of s. 253.025 but
  647  subject to the provisions of s. 1010.62, the Board of Governors,
  648  or the board’s designee, may, with the consent of the Board of
  649  Trustees of the Internal Improvement Trust Fund, sell, convey,
  650  transfer, exchange, trade, or purchase real property and related
  651  improvements necessary and desirable to serve the needs and
  652  purposes of the university.
  653         1. The Board of Governors, or the board’s designee, may
  654  secure appraisals and surveys. The Board of Governors, or the
  655  board’s designee, shall comply with the rules of the Board of
  656  Trustees of the Internal Improvement Trust Fund in securing
  657  appraisals. Whenever the Board of Governors, or the board’s
  658  designee, finds it necessary for timely property acquisition, it
  659  may contract, without the need for competitive selection, with
  660  one or more appraisers whose names are contained on the list of
  661  approved appraisers maintained by the Division of State Lands in
  662  the Department of Environmental Protection.
  663         2. The Board of Governors, or the board’s designee, may
  664  negotiate and enter into an option contract before an appraisal
  665  is obtained. The option contract must state that the final
  666  purchase price may not exceed the maximum value allowed by law.
  667  The consideration for such an option contract may not exceed 10
  668  percent of the estimate obtained by the Board of Governors, or
  669  the board’s designee, or 10 percent of the value of the parcel,
  670  whichever is greater, unless otherwise authorized by the Board
  671  of Governors or the board’s designee.
  672         3. This paragraph is not intended to abrogate in any manner
  673  the authority delegated to the Board of Trustees of the Internal
  674  Improvement Trust Fund or the Division of State Lands to approve
  675  a contract for purchase of state lands or to require policies
  676  and procedures to obtain clear legal title to parcels purchased
  677  for state purposes. Title to property acquired by a university
  678  board of trustees prior to January 7, 2003, and to property
  679  acquired with funds appropriated by the Legislature shall vest
  680  in the Board of Trustees of the Internal Improvement Trust Fund.
  681         (f) The Board of Governors, or the board’s designee, shall
  682  prepare and adopt a campus master plan pursuant to s. 1013.30.
  683         (g) The Board of Governors, or the board’s designee, shall
  684  prepare, adopt, and execute a campus development agreement
  685  pursuant to s. 1013.30.
  686         (h) Notwithstanding the provisions of s. 216.351, the Board
  687  of Governors, or the board’s designee, may authorize the rent or
  688  lease of parking facilities provided that such facilities are
  689  funded through parking fees or parking fines imposed by a
  690  university. The Board of Governors, or the board’s designee, may
  691  authorize a university board of trustees to charge fees for
  692  parking at such rented or leased parking facilities.
  693         (8)(7) COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND
  694  REQUIREMENTS.—The Board of Governors has responsibility for
  695  compliance with state and federal laws, rules, regulations, and
  696  requirements.
  697         (9)(8) COOPERATION WITH OTHER BOARDS.—The Board of
  698  Governors shall implement a plan for working on a regular basis
  699  with the State Board of Education, the Commission for
  700  Independent Education, the university boards of trustees,
  701  representatives of the community college boards of trustees,
  702  representatives of the private colleges and universities, and
  703  representatives of the district school boards to achieve a
  704  seamless education system.
  705         (10)(9) The Board of Governors is prohibited from assessing
  706  any fee on state universities, unless specifically authorized by
  707  law.
  708         Section 12. Subsection (3) is added to section 1001.72,
  709  Florida Statutes, to read:
  710         1001.72 University boards of trustees; boards to constitute
  711  a corporation.—
  712         (3) Each board of trustees constitutes the contracting
  713  agent of the university.
  714         Section 13. Section 1004.015, Florida Statutes, is created
  715  to read:
  716         1004.015 Higher Education Coordinating Council.—
  717         (1) The Higher Education Coordinating Council is created
  718  for the purposes of identifying unmet needs and facilitating
  719  solutions to disputes regarding the creation of new degree
  720  programs and the establishment of new institutes, campuses, or
  721  centers.
  722         (2) Members of the council shall include:
  723         (a) The Commissioner of Education.
  724         (b) The Chancellor of the State University System.
  725         (c) The Chancellor of the Florida College System.
  726         (d) The executive director of the Commission for
  727  Independent Education.
  728         (e) The president of the Independent Colleges and
  729  Universities of Florida.
  730         (f) Two representatives of the business community, one
  731  appointed by the President of the Senate and one appointed by
  732  the Speaker of the House of Representatives, who are committed
  733  to developing and enhancing world class workforce infrastructure
  734  necessary for Florida’s citizens to compete and prosper in the
  735  ever-changing economy of the 21st century.
  736         (3) The council shall serve as an advisory board to the
  737  Legislature, the State Board of Education, and the Board of
  738  Governors. Recommendations of the council shall be consistent
  739  with the following guiding principles:
  740         (a) To achieve within existing resources a seamless
  741  academic educational system that fosters an integrated continuum
  742  of kindergarten through graduate school education for Florida’s
  743  students.
  744         (b) To promote consistent education policy across all
  745  educational delivery systems, focusing on students.
  746         (c) To promote substantially improved articulation across
  747  all educational delivery systems.
  748         (d) To promote a system that maximizes educational access
  749  and allows the opportunity for a high-quality education for all
  750  Floridians.
  751         (e) To promote a system of coordinated and consistent
  752  transfer of credit and data collection for improved
  753  accountability purposes between the educational delivery
  754  systems.
  755         (4) The Board of Governors shall provide administrative
  756  support for the council.
  757         Section 14. Subsections (1) and (3) of section 1004.03,
  758  Florida Statutes, are amended to read:
  759         1004.03 Program approval.—
  760         (1) The Board of Governors shall establish criteria for the
  761  review and approval of proposed new programs at state
  762  universities to ensure the well-planned development,
  763  coordination, and operation of the State University System and
  764  to avoid wasteful duplication of facilities or programs. The
  765  Board of Governors shall submit an annual report to the
  766  President of the Senate, the Speaker of the House of
  767  Representatives, and the Governor listing the reviews conducted
  768  and the results of each review. that will receive any support
  769  from tuition and fees assessed pursuant to s. 1009.24 or from
  770  funds appropriated by the Legislature through the General
  771  Appropriations Act or other law. These criteria include, but are
  772  not limited to, the following:
  773         (a) New programs may not be approved unless the same
  774  objectives cannot be met through use of educational technology.
  775         (b) Unnecessary duplication of programs offered by public
  776  and independent institutions shall be avoided.
  777         (c) Cooperative programs, particularly within regions,
  778  should be encouraged.
  779         (d) New programs shall be approved only if they are
  780  consistent with the strategic plan adopted by the Board of
  781  Governors.
  782         (e) A new graduate-level program or professional-level
  783  program may be approved if:
  784         1. The university has taken into account the offerings of
  785  its counterparts, including institutions in other sectors,
  786  particularly at the regional level.
  787         2. The addition of the program will not alter the emphasis
  788  on undergraduate education.
  789         3. The regional need and demand for the program was
  790  addressed and the community needs are obvious.
  791         (3) New colleges, schools, or functional equivalents of any
  792  program that leads to a degree that is offered as a credential
  793  for a specific license granted under the Florida Statutes or the
  794  State Constitution and that will receive any support from
  795  tuition and fees or from funds appropriated by the Legislature
  796  through the General Appropriations Act or other law shall not be
  797  established without the specific approval of the Legislature.
  798         Section 15. Subsection (4) of section 1004.07, Florida
  799  Statutes, is amended to read:
  800         1004.07 Student withdrawal from courses due to military
  801  service; effect.—
  802         (4) Policies of state university boards of trustees shall
  803  be established by regulation rule and pursuant to guidelines of
  804  the Board of Governors.
  805         Section 16. Section 1006.54, Florida Statutes, is amended
  806  to read:
  807         1006.54 Universities; public documents distributed to
  808  libraries.—The general library of each state university may
  809  receive copies of reports of state officials, departments, and
  810  institutions and all other state documents published by the
  811  state. Each officer of the state empowered by law to distribute
  812  such public documents may transmit without charge, except for
  813  payment of shipping costs, the number of copies of each public
  814  document desired upon requisition from the librarian. It is the
  815  duty of the library to keep public documents in a convenient
  816  form accessible to the public. The library, under regulations
  817  rules formulated by the university board of trustees, is
  818  authorized to exchange documents for those of other states,
  819  territories, and countries.
  820         Section 17. Section 1006.60, Florida Statutes, is amended
  821  to read:
  822         1006.60 Codes of conduct; disciplinary measures; rulemaking
  823  authority to adopt rules or regulations.—
  824         (1) Each community college and state university may adopt,
  825  by rule, and each state university may adopt, by regulation,
  826  codes of conduct and appropriate penalties for violations of
  827  rules or regulations by students, to be administered by the
  828  institution. Such penalties, unless otherwise provided by law,
  829  may include: reprimand; restitution; fines; withholding of
  830  diplomas or transcripts pending compliance with rules or
  831  regulations, completion of any student judicial process or
  832  sanction, or payment of fines; restrictions on the use of or
  833  removal from campus facilities; community service; educational
  834  requirements; and the imposition of probation, suspension,
  835  dismissal, or expulsion.
  836         (2) Each community college and state university may adopt,
  837  by rule, and each state university may adopt, by regulation, a
  838  code of conduct and appropriate penalties for violations of
  839  rules or regulations by student organizations, to be
  840  administered by the institution. Such penalties, unless
  841  otherwise provided by law, may include: reprimand; restitution;
  842  suspension, cancellation, or revocation of the registration or
  843  official recognition of a student organization; and restrictions
  844  on the use of, or removal from, campus facilities.
  845         (3) Sanctions authorized by such codes of conduct may be
  846  imposed only for acts or omissions in violation of rules or
  847  regulations adopted by the institution, including rules or
  848  regulations adopted under this section, rules of the State Board
  849  of Education, rules or regulations of or the Board of Governors
  850  regarding the State University System, county and municipal
  851  ordinances, and the laws of this state, the United States, or
  852  any other state.
  853         (4) Each community college and state university may
  854  establish and adopt, by rule, and each state university may
  855  establish and adopt, by regulation, codes of appropriate
  856  penalties for violations of rules or regulations governing
  857  student academic honesty. Such penalties, unless otherwise
  858  provided by law, may include: reprimand; reduction of grade;
  859  denial of academic credit; invalidation of university credit or
  860  of the degree based upon such credit; probation; suspension;
  861  dismissal; or expulsion. In addition to any other penalties that
  862  may be imposed, an individual may be denied admission or further
  863  registration, and the institution may invalidate academic credit
  864  for work done by a student and may invalidate or revoke the
  865  degree based upon such credit if it is determined that the
  866  student has made false, fraudulent, or incomplete statements in
  867  the application, residence affidavit, or accompanying documents
  868  or statements in connection with, or supplemental to, the
  869  application for admission to or graduation from the institution.
  870         (5) Each community college and state university shall adopt
  871  rules and each state university shall adopt regulations for the
  872  lawful discipline of any student who intentionally acts to
  873  impair, interfere with, or obstruct the orderly conduct,
  874  processes, and functions of the institution. Said rules or
  875  regulations may apply to acts conducted on or off campus when
  876  relevant to such orderly conduct, processes, and functions.
  877         Section 18. Subsection (2) of section 1006.65, Florida
  878  Statutes, is amended to read:
  879         1006.65 Safety issues in courses offered by public
  880  postsecondary educational institutions.—
  881         (2) The Board of Governors shall adopt regulations rules to
  882  ensure that policies and procedures are in place to protect the
  883  health and safety of students, instructional personnel, and
  884  visitors who participate in courses offered by a state
  885  university.
  886         Section 19. Subsection (3) of section 1007.264, Florida
  887  Statutes, is amended to read:
  888         1007.264 Persons with disabilities; admission to
  889  postsecondary educational institutions; substitute requirements;
  890  rules and regulations.—
  891         (3) The Board of Governors, in consultation with the State
  892  Board of Education, shall adopt regulations rules to implement
  893  this section for state universities and shall develop substitute
  894  admission requirements where appropriate.
  895         Section 20. Subsection (3) of section 1007.265, Florida
  896  Statutes, is amended to read:
  897         1007.265 Persons with disabilities; graduation, study
  898  program admission, and upper-division entry; substitute
  899  requirements; rules and regulations.—
  900         (3) The Board of Governors, in consultation with the State
  901  Board of Education, shall adopt regulations rules to implement
  902  this section for state universities and shall develop substitute
  903  requirements where appropriate.
  904         Section 21. Section 1009.24, Florida Statutes, is amended
  905  to read:
  906         1009.24 State university student fees.—
  907         (1) This section applies to students enrolled in college
  908  credit programs at state universities.
  909         (2) All students shall be charged fees except students who
  910  are exempt from fees or students whose fees are waived.
  911         (3) All moneys from tuition and fees shall be deposited
  912  pursuant to s. 1011.42.
  913         (4)(a) Effective January 1, 2008, the resident
  914  undergraduate tuition for lower-level and upper-level coursework
  915  shall be $77.39 per credit hour.
  916         (b) Beginning with the 2008-2009 fiscal year and each year
  917  thereafter, the resident undergraduate tuition per credit hour
  918  shall increase at the beginning of each fall semester at a rate
  919  equal to inflation, unless otherwise provided in the General
  920  Appropriations Act. The Office of Economic and Demographic
  921  Research shall report the rate of inflation to the President of
  922  the Senate, the Speaker of the House of Representatives, the
  923  Governor, and the Board of Governors each year prior to March 1.
  924  For purposes of this paragraph, the rate of inflation shall be
  925  defined as the rate of the 12-month percentage change in the
  926  Consumer Price Index for All Urban Consumers, U.S. City Average,
  927  All Items, or successor reports as reported by the United States
  928  Department of Labor, Bureau of Labor Statistics, or its
  929  successor for December of the previous year. In the event the
  930  percentage change is negative, the resident undergraduate
  931  tuition shall remain at the same level as the prior fiscal year.
  932         (c) The Board of Governors, or the board’s designee, may
  933  establish tuition for graduate and professional programs, and
  934  out-of-state fees for all programs. Except as otherwise provided
  935  in this section, the sum of tuition and out-of-state fees
  936  assessed to nonresident students must be sufficient to offset
  937  the full instructional cost of serving such students. However,
  938  adjustments to out-of-state fees or tuition for graduate
  939  programs and professional programs may not exceed 15 percent in
  940  any year.
  941         (d) The Board of Governors may consider and approve
  942  flexible tuition policies as requested by a university board of
  943  trustees in accordance with the provisions of subsection (15)
  944  only to the extent such policies are in alignment with the
  945  mission of the university and do not increase the state’s fiscal
  946  liability or obligations, including, but not limited to, any
  947  fiscal liability or obligation for programs authorized under ss.
  948  1009.53-1009.538 and ss. 1009.97-1009.984.
  949         (e)(d) The sum of the activity and service, health, and
  950  athletic fees a student is required to pay to register for a
  951  course shall not exceed 40 percent of the tuition established in
  952  law or in the General Appropriations Act. No university shall be
  953  required to lower any fee in effect on the effective date of
  954  this act in order to comply with this subsection. Within the 40
  955  percent cap, universities may not increase the aggregate sum of
  956  activity and service, health, and athletic fees more than 5
  957  percent per year unless specifically authorized in law or in the
  958  General Appropriations Act. A university may increase its
  959  athletic fee to defray the costs associated with changing
  960  National Collegiate Athletic Association divisions. Any such
  961  increase in the athletic fee may exceed both the 40 percent cap
  962  and the 5 percent cap imposed by this subsection. Any such
  963  increase must be approved by the athletic fee committee in the
  964  process outlined in subsection (12) and cannot exceed $2 per
  965  credit hour. Notwithstanding the provisions of ss. 1009.534,
  966  1009.535, and 1009.536, that portion of any increase in an
  967  athletic fee pursuant to this subsection that causes the sum of
  968  the activity and service, health, and athletic fees to exceed
  969  the 40 percent cap or the annual increase in such fees to exceed
  970  the 5 percent cap shall not be included in calculating the
  971  amount a student receives for a Florida Academic Scholars award,
  972  a Florida Medallion Scholars award, or a Florida Gold Seal
  973  Vocational Scholars award.
  974         (f)(e) This subsection does not prohibit a university from
  975  increasing or assessing optional fees related to specific
  976  activities if payment of such fees is not required as a part of
  977  registration for courses.
  978         (5) A university may implement a differential out-of-state
  979  fee in accordance with regulations developed by the Board of
  980  Governors for the following:
  981         (a) A student from another state that borders the service
  982  area of the university.
  983         (b) A graduate student who has been determined to be a
  984  nonresident for tuition purposes pursuant to s. 1009.21 and has
  985  a .25 full-time equivalent appointment or greater as a graduate
  986  assistant, graduate research assistant, graduate teaching
  987  assistant, graduate research associate, or graduate teaching
  988  associate.
  989         (c) A graduate student who has been determined to be a
  990  nonresident for tuition purposes pursuant to s. 1009.21 and is
  991  receiving a full fellowship.
  992         (6) Students who are enrolled in Programs in Medical
  993  Sciences are considered graduate students for the purpose of
  994  enrollment and student fees.
  995         (7) A university board of trustees is authorized to collect
  996  for financial aid purposes an amount not to exceed 5 percent of
  997  the tuition and out-of-state fee. The revenues from fees are to
  998  remain at each campus and replace existing financial aid fees.
  999  Such funds shall be disbursed to students as quickly as
 1000  possible. A minimum of 75 percent of funds from the student
 1001  financial aid fee shall be used to provide financial aid based
 1002  on absolute need. The Board of Governors shall develop criteria
 1003  for making financial aid awards. Each university shall report
 1004  annually to the Board of Governors and the Department of
 1005  Education on the revenue collected pursuant to this subsection,
 1006  the amount carried forward, the criteria used to make awards,
 1007  the amount and number of awards for each criterion, and a
 1008  delineation of the distribution of such awards. The report shall
 1009  include an assessment by category of the financial need of every
 1010  student who receives an award, regardless of the purpose for
 1011  which the award is received. Awards which are based on financial
 1012  need shall be distributed in accordance with a nationally
 1013  recognized system of need analysis approved by the Board of
 1014  Governors. An award for academic merit shall require a minimum
 1015  overall grade point average of 3.0 on a 4.0 scale or the
 1016  equivalent for both initial receipt of the award and renewal of
 1017  the award.
 1018         (8) The Capital Improvement Trust Fund fee is established
 1019  as $2.44 per credit hour per semester. The building fee is
 1020  established as $2.32 per credit hour per semester.
 1021         (9) Each university board of trustees is authorized to
 1022  establish separate activity and service, health, and athletic
 1023  fees. When duly established, the fees shall be collected as
 1024  component parts of tuition and fees and shall be retained by the
 1025  university and paid into the separate activity and service,
 1026  health, and athletic funds. Notwithstanding any other provision
 1027  of law to the contrary, a university may transfer revenues
 1028  derived from the fees authorized pursuant to this subsection to
 1029  a university direct-support organization of the university to be
 1030  used only for the purpose of paying and securing debt on
 1031  projects approved pursuant to s. 1010.62 and pursuant to a
 1032  written agreement approved by the Board of Governors. The amount
 1033  transferred may not exceed the amount authorized for annual debt
 1034  service pursuant to s. 1010.62.
 1035         (10)(a) Each university board of trustees shall establish a
 1036  student activity and service fee on the main campus of the
 1037  university. The university board may also establish a student
 1038  activity and service fee on any branch campus or center. Any
 1039  subsequent increase in the activity and service fee must be
 1040  recommended by an activity and service fee committee, at least
 1041  one-half of whom are students appointed by the student body
 1042  president. The remainder of the committee shall be appointed by
 1043  the university president. A chairperson, appointed jointly by
 1044  the university president and the student body president, shall
 1045  vote only in the case of a tie. The recommendations of the
 1046  committee shall take effect only after approval by the
 1047  university president, after consultation with the student body
 1048  president, with final approval by the university board of
 1049  trustees. An increase in the activity and service fee may occur
 1050  only once each fiscal year and must be implemented beginning
 1051  with the fall term. The Board of Governors is responsible for
 1052  adopting the regulations rules and timetables necessary to
 1053  implement this fee.
 1054         (b) The student activity and service fees shall be expended
 1055  for lawful purposes to benefit the student body in general. This
 1056  shall include, but shall not be limited to, student publications
 1057  and grants to duly recognized student organizations, the
 1058  membership of which is open to all students at the university
 1059  without regard to race, sex, or religion. The fund may not
 1060  benefit activities for which an admission fee is charged to
 1061  students, except for student-government-association-sponsored
 1062  concerts. The allocation and expenditure of the fund shall be
 1063  determined by the student government association of the
 1064  university, except that the president of the university may veto
 1065  any line item or portion thereof within the budget when
 1066  submitted by the student government association legislative
 1067  body. The university president shall have 15 school days from
 1068  the date of presentation of the budget to act on the allocation
 1069  and expenditure recommendations, which shall be deemed approved
 1070  if no action is taken within the 15 school days. If any line
 1071  item or portion thereof within the budget is vetoed, the student
 1072  government association legislative body shall within 15 school
 1073  days make new budget recommendations for expenditure of the
 1074  vetoed portion of the fund. If the university president vetoes
 1075  any line item or portion thereof within the new budget
 1076  revisions, the university president may reallocate by line item
 1077  that vetoed portion to bond obligations guaranteed by activity
 1078  and service fees. Unexpended funds and undisbursed funds
 1079  remaining at the end of a fiscal year shall be carried over and
 1080  remain in the student activity and service fund and be available
 1081  for allocation and expenditure during the next fiscal year.
 1082         (11) Each university board of trustees shall establish a
 1083  student health fee on the main campus of the university. The
 1084  university board of trustees may also establish a student health
 1085  fee on any branch campus or center. Any subsequent increase in
 1086  the health fee must be recommended by a health committee, at
 1087  least one-half of whom are students appointed by the student
 1088  body president. The remainder of the committee shall be
 1089  appointed by the university president. A chairperson, appointed
 1090  jointly by the university president and the student body
 1091  president, shall vote only in the case of a tie. The
 1092  recommendations of the committee shall take effect only after
 1093  approval by the university president, after consultation with
 1094  the student body president, with final approval by the
 1095  university board of trustees. An increase in the health fee may
 1096  occur only once each fiscal year and must be implemented
 1097  beginning with the fall term. The Board of Governors is
 1098  responsible for adopting the regulations rules and timetables
 1099  necessary to implement this fee.
 1100         (12) Each university board of trustees shall establish a
 1101  separate athletic fee on the main campus of the university. The
 1102  university board may also establish a separate athletic fee on
 1103  any branch campus or center. Any subsequent increase in the
 1104  athletic fee must be recommended by an athletic fee committee,
 1105  at least one-half of whom are students appointed by the student
 1106  body president. The remainder of the committee shall be
 1107  appointed by the university president. A chairperson, appointed
 1108  jointly by the university president and the student body
 1109  president, shall vote only in the case of a tie. The
 1110  recommendations of the committee shall take effect only after
 1111  approval by the university president, after consultation with
 1112  the student body president, with final approval by the
 1113  university board of trustees. An increase in the athletic fee
 1114  may occur only once each fiscal year and must be implemented
 1115  beginning with the fall term. The Board of Governors is
 1116  responsible for adopting the regulations rules and timetables
 1117  necessary to implement this fee.
 1118         (13) Each university board of trustees may establish a
 1119  technology fee of up to 5 percent of the tuition per credit
 1120  hour. The revenue from this fee shall be used to enhance
 1121  instructional technology resources for students and faculty. The
 1122  technology fee may not be included in any award under the
 1123  Florida Bright Futures Scholarship Program established pursuant
 1124  to ss. 1009.53-1009.538.
 1125         (14)(13)Except as otherwise provided in subsection (15),
 1126  each university board of trustees is authorized to establish the
 1127  following fees:
 1128         (a) A nonrefundable application fee in an amount not to
 1129  exceed $30.
 1130         (b) An orientation fee in an amount not to exceed $35.
 1131         (c) A fee for security, access, or identification cards.
 1132  The annual fee for such a card may not exceed $10 per card. The
 1133  maximum amount charged for a replacement card may not exceed
 1134  $15.
 1135         (d) Registration fees for audit and zero-hours
 1136  registration; a service charge, which may not exceed $15, for
 1137  the payment of tuition and fees in installments; and a late
 1138  registration fee in an amount not less than $50 nor more than
 1139  $100 to be imposed on students who fail to initiate registration
 1140  during the regular registration period.
 1141         (e) A late-payment fee in an amount not less than $50 nor
 1142  more than $100 to be imposed on students who fail to pay or fail
 1143  to make appropriate arrangements to pay (by means of installment
 1144  payment, deferment, or third-party billing) tuition by the
 1145  deadline set by each university. Each university may adopt
 1146  specific procedures or policies for waiving the late-payment fee
 1147  for minor underpayments.
 1148         (f)(r) Fees for transcripts and diploma replacement, not to
 1149  exceed $10 per item.
 1150         (g) A nonrefundable admissions deposit for undergraduate,
 1151  graduate, and professional degree programs in an amount not to
 1152  exceed $200. The admissions deposit shall be imposed at the time
 1153  of an applicant’s acceptance to the university and shall be
 1154  applied toward tuition upon enrollment. If the applicant does
 1155  not enroll in the university, the admissions deposit shall be
 1156  deposited in an auxiliary account of the university and used to
 1157  expand financial assistance, scholarships, and student academic
 1158  and career counseling services at the university. The Board of
 1159  Governors shall adopt a policy that provides for the waiver of
 1160  such admissions deposit on the basis of financial hardship.
 1161         (h)(f) A fee for miscellaneous health-related charges for
 1162  services provided at cost by the university health center which
 1163  are not covered by the health fee set under subsection (11).
 1164         (i)(g) Materials and supplies fees to offset the cost of
 1165  materials or supplies that are consumed in the course of the
 1166  student’s instructional activities, excluding the cost of
 1167  equipment replacement, repairs, and maintenance.
 1168         (j)(h) Housing rental rates and miscellaneous housing
 1169  charges for services provided by the university at the request
 1170  of the student.
 1171         (k)(i) A charge representing the reasonable cost of efforts
 1172  to collect payment of overdue accounts.
 1173         (l)(j) A service charge on university loans in lieu of
 1174  interest and administrative handling charges.
 1175         (m)(k) A fee for off-campus course offerings when the
 1176  location results in specific, identifiable increased costs to
 1177  the university.
 1178         (n)(l) Library fees and fines, including charges for
 1179  damaged and lost library materials, overdue reserve library
 1180  books, interlibrary loans, and literature searches.
 1181         (o)(m) Fees relating to duplicating, photocopying, binding,
 1182  and microfilming; copyright services; and standardized testing.
 1183  These fees may be charged only to those who receive the
 1184  services.
 1185         (p)(n) Fees and fines relating to the use, late return, and
 1186  loss and damage of facilities and equipment.
 1187         (q)(o) A returned-check fee as authorized by s. 832.07(1)
 1188  for unpaid checks returned to the university.
 1189         (r)(p) Traffic and parking fines, charges for parking
 1190  decals, and transportation access fees.
 1191         (s)(q) An Educational Research Center for Child Development
 1192  fee for child care and services offered by the center.
 1193         (s) A technology fee of up to 5 percent of the tuition per
 1194  credit hour, beginning with the fall term of the 2009-2010
 1195  academic year. The revenue from this fee shall be used to
 1196  enhance instructional technology resources for students and
 1197  faculty. The technology fee shall not be included in any award
 1198  under the Florida Bright Futures Scholarship Program.
 1199  
 1200  With the exception of housing rental rates and except as
 1201  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
 1202  shall be based on reasonable costs of services. The Board of
 1203  Governors shall adopt regulations and timetables necessary to
 1204  implement the fees and fines authorized under this subsection.
 1205  The fees assessed under this subsection may be used for debt
 1206  only as authorized under s. 1010.62.
 1207         (14) Each university board of trustees is authorized to
 1208  establish a nonrefundable admissions deposit for undergraduate,
 1209  graduate, and professional degree programs in an amount not to
 1210  exceed $200. The admissions deposit shall be imposed at the time
 1211  of an applicant’s acceptance to the university and shall be
 1212  applied toward tuition upon enrollment. In the event the
 1213  applicant does not enroll in the university, the admissions
 1214  deposit shall be deposited in an auxiliary account of the
 1215  university and used to expand financial assistance,
 1216  scholarships, and student academic and career counseling
 1217  services at the university. A university board of trustees that
 1218  establishes an admissions deposit pursuant to this subsection
 1219  must also adopt policies that provide for the waiver of such
 1220  deposit on the basis of financial hardship.
 1221         (15)(a) The Board of Governors may approve:
 1222         1. A proposal from a university board of trustees to
 1223  establish a new student fee that is not specifically authorized
 1224  by this section.
 1225         2. A proposal from a university board of trustees to
 1226  increase the current cap for an existing fee authorized pursuant
 1227  to paragraphs (14)(a)-(g).
 1228         3. A proposal from a university board of trustees to
 1229  implement flexible tuition policies, such as undergraduate or
 1230  graduate block tuition, block tuition differential, or market
 1231  tuition rates for graduate-level online courses or graduate
 1232  level courses offered through a university’s continuing
 1233  education program. A block tuition policy for resident
 1234  undergraduate students or undergraduate-level courses shall be
 1235  based on the per-credit-hour undergraduate tuition established
 1236  under subsection (4). A block tuition policy for nonresident
 1237  undergraduate students shall be based on the per-credit-hour
 1238  undergraduate tuition and out-of-state fee established under
 1239  subsection (4). Flexible tuition policies, including block
 1240  tuition, may not increase the state’s fiscal liability or
 1241  obligation.
 1242         (b) A proposal developed pursuant to paragraph (a) shall be
 1243  submitted in accordance with guidelines established by the Board
 1244  of Governors. Approval by the Board of Governors of such
 1245  proposal must be made in accordance with the provisions of this
 1246  subsection.
 1247         (c) In reviewing a proposal to establish a new fee under
 1248  subparagraph (a)1., the Board of Governors shall consider:
 1249         1. The purpose to be served or accomplished by the new fee.
 1250         2. Whether there is a demonstrable student-based need for
 1251  the new fee that is not currently being met through existing
 1252  university services, operations, or another fee.
 1253         3. Whether the financial impact on students is warranted in
 1254  light of other charges assessed to students for tuition and
 1255  associated fees.
 1256         4. Whether any restrictions, limitations, or conditions
 1257  should be placed on the use of the fee.
 1258         5. Whether there are outcome measures to indicate if the
 1259  purpose for which the fee was established is accomplished.
 1260         (d) In reviewing a proposal to increase or exceed the
 1261  current cap for an existing fee under subparagraph (a)2., the
 1262  Board of Governors shall consider:
 1263         1. The services or operations currently being funded by the
 1264  fee.
 1265         2. Whether those services or operations can be performed
 1266  more efficiently to alleviate the need for any increase.
 1267         3. The additional or enhanced services or operations to be
 1268  funded by the increase.
 1269         4. Whether any alternative resources are available to meet
 1270  the need.
 1271         5. Whether the financial impact on students is warranted in
 1272  light of other charges assessed to students for tuition and
 1273  associated fees.
 1274         (e) In reviewing a proposal to implement a flexible tuition
 1275  policy under subparagraph (a)3., the Board of Governors shall
 1276  consider:
 1277         1. Whether the proposed tuition flexibility policy is
 1278  aligned with the mission of the university.
 1279         2. Whether the proposed tuition flexibility policy
 1280  increases the state’s fiscal liabilities or obligations and, if
 1281  so, the proposal shall be denied.
 1282         3. Whether any restrictions, limitations, or conditions
 1283  should be placed on the policy.
 1284         4. How the proposed tuition flexibility policy will be
 1285  implemented to honor the advance payment contracts of students
 1286  who are beneficiaries of prepaid tuition contracts under s.
 1287  1009.98.
 1288         (f) The Board of Governors shall submit an annual report to
 1289  the President of the Senate, the Speaker of the House of
 1290  Representatives, and the Governor summarizing the proposals
 1291  received by the board during the preceding year and actions
 1292  taken by the board in response to such proposals. The Board of
 1293  Governors shall also include in the annual report the following
 1294  information for each new fee approved pursuant to the provisions
 1295  of this subsection:
 1296         1. The amount of the fee.
 1297         2. The total revenues generated by the fee.
 1298         3. Detailed expenditures of the revenues generated by the
 1299  fee.
 1300         (g) The aggregate sum of any fees established pursuant to
 1301  subparagraph (a)1. which a student is required to pay to
 1302  register for a course shall not exceed 10 percent of tuition.
 1303         (h) Any fee established pursuant to subparagraph (a)1.
 1304  shall not be included in any award under the Florida Bright
 1305  Futures Scholarship Program established pursuant to ss. 1009.53
 1306  1009.538.
 1307         (i) The revenues generated by a fee established pursuant to
 1308  subparagraph (a)1. may not be transferred to an auxiliary
 1309  enterprise or a direct-support organization and may not be used
 1310  for the purpose of paying or securing debt.
 1311         (j) If the Board of Governors approves a university
 1312  proposal to establish a fee pursuant to subparagraph (a)1., a
 1313  fee committee shall be established at the university to make
 1314  recommendations to the university president and the university
 1315  board of trustees regarding how the revenue from the fee is to
 1316  be spent and any subsequent changes to the fee. At least one
 1317  half of the committee must be students appointed by the student
 1318  body president. The remainder of the committee shall be
 1319  appointed by the university president. A chair, appointed
 1320  jointly by the university president and the student body
 1321  president, shall vote only in the case of a tie.
 1322         (k) An increase to an existing fee or a fee established
 1323  pursuant to subparagraph (a)1. may occur no more than once each
 1324  fiscal year and must be implemented beginning with the fall term
 1325  Each university may assess a service charge for the payment of
 1326  tuition and fees in installments. Such service charge must be
 1327  approved by the university board of trustees.
 1328         (16) Each university board of trustees may establish a
 1329  tuition differential for undergraduate courses upon receipt of
 1330  approval from the Board of Governors. The tuition differential
 1331  shall promote improvements in the quality of undergraduate
 1332  education and shall provide financial aid to undergraduate
 1333  students who exhibit financial need.
 1334         (a) Seventy percent of the revenues from the tuition
 1335  differential shall be expended for purposes of undergraduate
 1336  education. Such expenditures may include, but are not limited
 1337  to, increasing course offerings, improving graduation rates,
 1338  increasing the percentage of undergraduate students who are
 1339  taught by faculty, decreasing student-faculty ratios, providing
 1340  salary increases for faculty who have a history of excellent
 1341  teaching in undergraduate courses, improving the efficiency of
 1342  the delivery of undergraduate education through academic
 1343  advisement and counseling, and reducing the percentage of
 1344  students who graduate with excess hours. This expenditure for
 1345  undergraduate education may not be used to pay the salaries of
 1346  graduate teaching assistants. The remaining 30 percent of the
 1347  revenues from the tuition differential, or the equivalent amount
 1348  of revenue from private sources, shall be expended to provide
 1349  financial aid to undergraduate students who exhibit financial
 1350  need to meet the cost of university attendance. This expenditure
 1351  for need-based financial aid shall not supplant the amount of
 1352  need-based aid provided to undergraduate students in the
 1353  preceding fiscal year from financial aid fee revenues, the
 1354  direct appropriation for financial assistance provided to state
 1355  universities in the General Appropriations Act, or from private
 1356  sources.
 1357         (b) Each tuition differential is subject to the following
 1358  conditions:
 1359         1. The tuition differential may be assessed on one or more
 1360  undergraduate courses or on all undergraduate courses at a state
 1361  university.
 1362         2. The tuition differential may vary by course or courses,
 1363  campus or center location, and by institution. Each university
 1364  board of trustees shall strive to maintain and increase
 1365  enrollment in degree programs related to math, science, high
 1366  technology, and other state or regional high-need fields when
 1367  establishing tuition differentials by course.
 1368         3. For each state university that has total research and
 1369  development expenditures for all fields of at least $100 million
 1370  per year as reported annually to the National Science
 1371  Foundation, the aggregate sum of tuition and the tuition
 1372  differential may not be increased by more than 15 percent of the
 1373  total charged for the aggregate sum of these fees in the
 1374  preceding fiscal year. For each state university that has total
 1375  research and development expenditures for all fields of less
 1376  than $100 million per year as reported annually to the National
 1377  Science Foundation, the aggregate sum of tuition and the tuition
 1378  differential may not be increased by more than 15 percent of the
 1379  total charged for the aggregate sum of these fees in the
 1380  preceding fiscal year.
 1381         4. The aggregate sum of undergraduate tuition and fees per
 1382  credit hour, including the tuition differential, may not exceed
 1383  the national average of undergraduate tuition and fees at 4-year
 1384  degree-granting public postsecondary educational institutions.
 1385         5. The tuition differential shall not be included in any
 1386  award under the Florida Bright Futures Scholarship Program
 1387  established pursuant to may not be calculated as a part of the
 1388  scholarship programs established in ss. 1009.53-1009.538.
 1389         6. Beneficiaries having prepaid tuition contracts pursuant
 1390  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
 1391  which remain in effect, are exempt from the payment of the
 1392  tuition differential.
 1393         7. The tuition differential may not be charged to any
 1394  student who was in attendance at the university before July 1,
 1395  2007, and who maintains continuous enrollment.
 1396         8. The tuition differential may be waived by the university
 1397  for students who meet the eligibility requirements for the
 1398  Florida public student assistance grant established in s.
 1399  1009.50.
 1400         9. Subject to approval by the Board of Governors, the
 1401  tuition differential authorized pursuant to this subsection may
 1402  take effect with the 2009 fall term.
 1403         (c) A university board of trustees may submit a proposal to
 1404  the Board of Governors to implement a tuition differential for
 1405  one or more undergraduate courses. At a minimum, the proposal
 1406  shall:
 1407         1. Identify the course or courses for which the tuition
 1408  differential will be assessed.
 1409         2. Indicate the amount that will be assessed for each
 1410  tuition differential proposed.
 1411         3. Indicate the purpose of the tuition differential.
 1412         4. Indicate how the revenues from the tuition differential
 1413  will be used.
 1414         5. Indicate how the university will monitor the success of
 1415  the tuition differential in achieving the purpose for which the
 1416  tuition differential is being assessed.
 1417         (d) The Board of Governors shall review each proposal and
 1418  advise the university board of trustees of approval of the
 1419  proposal, the need for additional information or revision to the
 1420  proposal, or denial of the proposal. The Board of Governors
 1421  shall establish a process for any university to revise a
 1422  proposal or appeal a decision of the board.
 1423         (e) The Board of Governors shall submit a report to the
 1424  President of the Senate, the Speaker of the House of
 1425  Representatives, and the Governor describing the implementation
 1426  of the provisions of this subsection no later than January 1,
 1427  2010, and no later than January 1 each year thereafter. The
 1428  report shall summarize proposals received by the board during
 1429  the preceding fiscal year and actions taken by the board in
 1430  response to such proposals. In addition, the report shall
 1431  provide the following information for each university that has
 1432  been approved by the board to assess a tuition differential:
 1433         1. The course or courses for which the tuition differential
 1434  was assessed and the amount assessed.
 1435         2. The total revenues generated by the tuition
 1436  differential.
 1437         3. With respect to waivers authorized under subparagraph
 1438  (b)8., the number of students eligible for a waiver, the number
 1439  of students receiving a waiver, and the value of waivers
 1440  provided.
 1441         4. Detailed expenditures of the revenues generated by the
 1442  tuition differential.
 1443         5. Changes in retention rates, graduation rates, the
 1444  percentage of students graduating with more than 110 percent of
 1445  the hours required for graduation, pass rates on licensure
 1446  examinations, the number of undergraduate course offerings, the
 1447  percentage of undergraduate students who are taught by faculty,
 1448  student-faculty ratios, and the average salaries of faculty who
 1449  teach undergraduate courses.
 1450         (f) No state university shall be required to lower any
 1451  tuition differential that was approved by the Board of Governors
 1452  and in effect prior to January 1, 2009, in order to comply with
 1453  the provisions of this subsection.
 1454         (17)(a) A state university may assess a student who enrolls
 1455  in a course listed in the Florida Higher Education Distance
 1456  Learning Catalog, established pursuant to s. 1004.09, a per
 1457  credit-hour distance learning course fee. For purposes of
 1458  assessing this fee, a distance learning course is a course in
 1459  which at least 80 percent of the direct instruction of the
 1460  course is delivered using some form of technology when the
 1461  student and instructor are separated by time or space, or both.
 1462         (b) The amount of the distance learning course fee may not
 1463  exceed the additional costs of the services provided which are
 1464  attributable to the development and delivery of the distance
 1465  learning course. If the distance learning course fee is assessed
 1466  by a state university, the institution may not assess
 1467  duplicative fees to cover the additional costs.
 1468         (c) The link for the catalog must be prominently displayed
 1469  within the advising and distance learning sections of the
 1470  institution’s website, using a graphic and description provided
 1471  by the Florida Distance Learning Consortium, informing students
 1472  of the catalog.
 1473         (18) A state university may not charge any fee except as
 1474  specifically authorized by law.
 1475         (19) The Board of Governors shall adopt regulations to
 1476  implement the provisions of this section.
 1477         Section 22. Subsection (9) of section 1009.26, Florida
 1478  Statutes, is amended to read:
 1479         1009.26 Fee waivers.—
 1480         (9) Each university board of trustees is authorized to
 1481  waive tuition and out-of-state fees for purposes that support
 1482  and enhance the mission of the university. All fees waived must
 1483  be based on policies that are adopted by university boards of
 1484  trustees pursuant to regulations rules adopted by the Board of
 1485  Governors. Each university shall report the purpose, number, and
 1486  value of all fee waivers granted annually in a format prescribed
 1487  by the Board of Governors.
 1488         Section 23. Paragraph (b) of subsection (1) and paragraph
 1489  (b) of subsection (4) of section 1010.04, Florida Statutes, are
 1490  amended to read:
 1491         1010.04 Purchasing.—
 1492         (1)
 1493         (b) Purchases and leases by state universities shall comply
 1494  with the requirements of law and regulations rules of the Board
 1495  of Governors.
 1496         (4)
 1497         (b) The Board of Governors may, by regulation rule, provide
 1498  for alternative procedures for state universities for bidding or
 1499  purchasing in cases in which the character of the item requested
 1500  renders competitive bidding impractical.
 1501         Section 24. Subsection (1) of section 1010.62, Florida
 1502  Statutes, is amended to read:
 1503         1010.62 Revenue bonds and debt.—
 1504         (1) As used in this section, the term:
 1505         (a) “Auxiliary enterprise” means any activity defined in s.
 1506  1011.47(1) and performed by a university or a direct-support
 1507  organization.
 1508         (b)(a) “Capital outlay project” means:
 1509         1. Any project to acquire, construct, improve, or change
 1510  the functional use of land, buildings, and other facilities,
 1511  including furniture and equipment necessary to operate a new or
 1512  improved building or facility.
 1513         2. Any other acquisition of equipment or software.
 1514         (c)(b) “Debt” means bonds, except revenue bonds as defined
 1515  in paragraph (e) (d), loans, promissory notes, lease-purchase
 1516  agreements, certificates of participation, installment sales,
 1517  leases, or any other financing mechanism or financial
 1518  arrangement, whether or not a debt for legal purposes, for
 1519  financing or refinancing for or on behalf of a state university
 1520  or a direct-support organization or for the acquisition,
 1521  construction, improvement, or purchase of capital outlay
 1522  projects.
 1523         (d)(c) “Direct-support organization” means an organization
 1524  created pursuant to s. 1004.28 or any entity specifically
 1525  established to incur debt.
 1526         (e)(d) “Revenue bonds” means any obligation that
 1527  constitutes a revenue bond pursuant to s. 11(d), Art. VII of the
 1528  State Constitution.
 1529         Section 25. Section 1011.43, Florida Statutes, is amended
 1530  to read:
 1531         1011.43 Investment of university agency and activity funds;
 1532  earnings used for scholarships.—Each university is authorized to
 1533  invest available agency and activity funds and to use the
 1534  earnings from such investments for student scholarships and
 1535  loans. The university board of trustees shall provide procedures
 1536  for the administration of these scholarships and loans by
 1537  regulations rules.
 1538         Section 26. Subsection (4) of section 1011.90, Florida
 1539  Statutes, is amended to read:
 1540         1011.90 State university funding.—
 1541         (4) The Board of Governors shall establish and validate a
 1542  cost-estimating system consistent with the requirements of
 1543  subsection (1) and shall report as part of its legislative
 1544  budget request the actual expenditures for the fiscal year
 1545  ending the previous June 30. Expenditure analysis, operating
 1546  budgets, and annual financial statements of each university must
 1547  be prepared using the standard financial reporting procedures
 1548  and formats prescribed by the Board of Governors. These formats
 1549  shall be the same as used for the 2000-2001 fiscal year reports.
 1550  Any revisions to these financial and reporting procedures and
 1551  formats must be approved by the Executive Office of the Governor
 1552  and the appropriations committees of the Legislature jointly
 1553  under the provisions of s. 216.023(3). The Board of Governors
 1554  shall continue to collect and maintain at a minimum the
 1555  management information databases existing on June 30, 2002. The
 1556  expenditure analysis report shall include total expenditures
 1557  from all sources for the general operation of the university and
 1558  shall be in such detail as needed to support the legislative
 1559  budget request.
 1560         Section 27. Paragraph (b) of subsection (2) of section
 1561  1013.02, Florida Statutes, is amended to read:
 1562         1013.02 Purpose; rules and regulations.—
 1563         (2)
 1564         (b) The Board of Governors shall adopt regulations pursuant
 1565  to its regulation development procedure rules pursuant to ss.
 1566  120.536(1) and 120.54 to implement the provisions of this
 1567  chapter for state universities.
 1568         Section 28. Section 1013.10, Florida Statutes, is amended
 1569  to read:
 1570         1013.10 Use of buildings and grounds.—The board may permit
 1571  the use of educational facilities and grounds for any legal
 1572  assembly or for community use centers or may permit the same to
 1573  be used as voting places in any primary, regular, or special
 1574  election. The board shall adopt rules, regulations, or policies
 1575  and procedures necessary to protect educational facilities and
 1576  grounds when used for such purposes.
 1577         Section 29. Paragraph (b) of subsection (5) of section
 1578  1013.12, Florida Statutes, is amended to read:
 1579         1013.12 Casualty, safety, sanitation, and firesafety
 1580  standards and inspection of property.—
 1581         (5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
 1582  FACILITIES.—
 1583         (b) Firesafety inspections of state universities shall
 1584  comply with regulations rules of the Board of Governors.
 1585         Section 30. Paragraph (b) of subsection (1) of section
 1586  1013.28, Florida Statutes, is amended to read:
 1587         1013.28 Disposal of property.—
 1588         (1) REAL PROPERTY.—
 1589         (b) Subject to regulations rules of the Board of Governors,
 1590  a state university board of trustees may dispose of any land or
 1591  real property to which it holds valid title which is, by
 1592  resolution of the state university board of trustees, determined
 1593  to be unnecessary for educational purposes as recommended in an
 1594  educational plant survey. A state university board of trustees
 1595  shall take diligent measures to dispose of educational property
 1596  only in the best interests of the public. However, appraisals
 1597  may be obtained by the state university board of trustees prior
 1598  to or simultaneously with the receipt of bids.
 1599         Section 31. Subsection (22) of section 1013.30, Florida
 1600  Statutes, is amended to read:
 1601         1013.30 University campus master plans and campus
 1602  development agreements.—
 1603         (22) In consultation with the state land planning agency,
 1604  the Board of Governors shall adopt a single, uniform set of
 1605  regulations rules to administer subsections (3)-(6). The
 1606  regulations rules must set specific schedules and procedures for
 1607  the development and adoption of campus master plans. Before
 1608  adopting the regulations rules, the Board of Governors must
 1609  obtain written verification from the state land planning agency
 1610  that the regulations rules satisfy the minimum statutory
 1611  criteria required by subsections (3)-(6). The state land
 1612  planning agency shall provide the verification within 45 days
 1613  after receiving a copy of the regulations rules.
 1614         Section 32. Paragraph (b) of subsection (1) of section
 1615  1013.31, Florida Statutes, is amended to read:
 1616         1013.31 Educational plant survey; localized need
 1617  assessment; PECO project funding.—
 1618         (1) At least every 5 years, each board shall arrange for an
 1619  educational plant survey, to aid in formulating plans for
 1620  housing the educational program and student population, faculty,
 1621  administrators, staff, and auxiliary and ancillary services of
 1622  the district or campus, including consideration of the local
 1623  comprehensive plan. The Department of Education shall document
 1624  the need for additional career and adult education programs and
 1625  the continuation of existing programs before facility
 1626  construction or renovation related to career or adult education
 1627  may be included in the educational plant survey of a school
 1628  district or community college that delivers career or adult
 1629  education programs. Information used by the Department of
 1630  Education to establish facility needs must include, but need not
 1631  be limited to, labor market data, needs analysis, and
 1632  information submitted by the school district or community
 1633  college.
 1634         (b) Required need assessment criteria for district,
 1635  community college, state university, and Florida School for the
 1636  Deaf and the Blind plant surveys.—Educational plant surveys must
 1637  use uniform data sources and criteria specified in this
 1638  paragraph. Each revised educational plant survey and each new
 1639  educational plant survey supersedes previous surveys.
 1640         1. The school district’s survey must be submitted as a part
 1641  of the district educational facilities plan defined in s.
 1642  1013.35. To ensure that the data reported to the Department of
 1643  Education as required by this section is correct, the department
 1644  shall annually conduct an onsite review of 5 percent of the
 1645  facilities reported for each school district completing a new
 1646  survey that year. If the department’s review finds the data
 1647  reported by a district is less than 95 percent accurate, within
 1648  1 year from the time of notification by the department the
 1649  district must submit revised reports correcting its data. If a
 1650  district fails to correct its reports, the commissioner may
 1651  direct that future fixed capital outlay funds be withheld until
 1652  such time as the district has corrected its reports so that they
 1653  are not less than 95 percent accurate.
 1654         2. Each survey of a special facility, joint-use facility,
 1655  or cooperative career education facility must be based on
 1656  capital outlay full-time equivalent student enrollment data
 1657  prepared by the department for school districts and community
 1658  colleges and by the Chancellor of the State University System
 1659  for universities. A survey of space needs of a joint-use
 1660  facility shall be based upon the respective space needs of the
 1661  school districts, community colleges, and universities, as
 1662  appropriate. Projections of a school district’s facility space
 1663  needs may not exceed the norm space and occupant design criteria
 1664  established by the State Requirements for Educational
 1665  Facilities.
 1666         3. Each community college’s survey must reflect the
 1667  capacity of existing facilities as specified in the inventory
 1668  maintained by the Department of Education. Projections of
 1669  facility space needs must comply with standards for determining
 1670  space needs as specified by rule of the State Board of
 1671  Education. The 5-year projection of capital outlay student
 1672  enrollment must be consistent with the annual report of capital
 1673  outlay full-time student enrollment prepared by the Department
 1674  of Education.
 1675         4. Each state university’s survey must reflect the capacity
 1676  of existing facilities as specified in the inventory maintained
 1677  and validated by the Chancellor of the State University System.
 1678  Projections of facility space needs must be consistent with
 1679  standards for determining space needs as specified by regulation
 1680  rule of the Board of Governors. The projected capital outlay
 1681  full-time equivalent student enrollment must be consistent with
 1682  the 5-year planned enrollment cycle for the State University
 1683  System approved by the Board of Governors.
 1684         5. The district educational facilities plan of a school
 1685  district and the educational plant survey of a community
 1686  college, state university, or the Florida School for the Deaf
 1687  and the Blind may include space needs that deviate from approved
 1688  standards for determining space needs if the deviation is
 1689  justified by the district or institution and approved by the
 1690  department or the Board of Governors, as appropriate, as
 1691  necessary for the delivery of an approved educational program.
 1692         Section 33. Section 1013.47, Florida Statutes, is amended
 1693  to read:
 1694         1013.47 Substance of contract; contractors to give bond;
 1695  penalties.—Each board shall develop contracts consistent with
 1696  this chapter and statutes governing public facilities. Such a
 1697  contract must contain the drawings and specifications of the
 1698  work to be done and the material to be furnished, the time limit
 1699  in which the construction is to be completed, the time and
 1700  method by which payments are to be made upon the contract, and
 1701  the penalty to be paid by the contractor for any failure to
 1702  comply with the terms of the contract. The board may require the
 1703  contractor to pay a penalty for any failure to comply with the
 1704  terms of the contract and may provide an incentive for early
 1705  completion. Upon accepting a satisfactory bid, the board shall
 1706  enter into a contract with the party or parties whose bid has
 1707  been accepted. The contractor shall furnish the board with a
 1708  performance and payment bond as set forth in s. 255.05. A board
 1709  or other public entity may not require a contractor to secure a
 1710  surety bond under s. 255.05 from a specific agent or bonding
 1711  company. Notwithstanding any other provision of this section, if
 1712  25 percent or more of the costs of any construction project is
 1713  paid out of a trust fund established pursuant to 31 U.S.C. s.
 1714  1243(a)(1), laborers and mechanics employed by contractors or
 1715  subcontractors on such construction will be paid wages not less
 1716  than those prevailing on similar construction projects in the
 1717  locality, as determined by the Secretary of Labor in accordance
 1718  with the Davis-Bacon Act, as amended. A person, firm, or
 1719  corporation that constructs any part of any educational plant,
 1720  or addition thereto, on the basis of any unapproved plans or in
 1721  violation of any plans approved in accordance with the
 1722  provisions of this chapter and rules of the State Board of
 1723  Education or regulations of the Board of Governors relating to
 1724  building standards or specifications is subject to forfeiture of
 1725  bond and unpaid compensation in an amount sufficient to
 1726  reimburse the board for any costs that will need to be incurred
 1727  in making any changes necessary to assure that all requirements
 1728  are met and is also guilty of a misdemeanor of the second
 1729  degree, punishable as provided in s. 775.082 or s. 775.083, for
 1730  each separate violation.
 1731         Section 34. Subsection (3) of section 1013.74, Florida
 1732  Statutes, is amended to read:
 1733         1013.74 University authorization for fixed capital outlay
 1734  projects.—
 1735         (3) Other than those projects currently authorized, no
 1736  project proposed by a university which is to be funded from
 1737  Capital Improvement Trust Fund fees or building fees shall be
 1738  submitted to the Board of Governors for approval without prior
 1739  consultation with the student government association of that
 1740  university. The Board of Governors may adopt regulations rules
 1741  which are consistent with this requirement.
 1742         Section 35. (1) Sections 1001.74, 1004.21, 1004.38,
 1743  1004.381, 1004.3811, 1004.382, 1004.383, 1004.386, and 1004.64,
 1744  Florida Statutes, and subsection (13) of section 1004.22,
 1745  Florida Statutes, are repealed.
 1746         (2) It is the intent of the Legislature that the repeal of
 1747  sections 1004.38, 1004.381, 1004.3811, 1004.382, 1004.383,
 1748  1004.386, and 1004.64, Florida Statutes, by this act is to
 1749  remove existing statutory authority that is no longer necessary
 1750  for the degree programs and entities that were authorized under
 1751  those provisions and does not affect the authority of a state
 1752  university or the Board of Governors of the State University
 1753  System to continue such programs and entities.
 1754         Section 36. Each state university shall identify and submit
 1755  to the Board of Governors a list of rules published in Titles
 1756  6C1, 6C2, 6C3, 6C4, 6C5, 6C6, 6C7, 6C8, 6C9, 6C10, and 6C11,
 1757  Florida Administrative Code, that have been superseded by
 1758  regulations adopted by the Board of Governors or the university
 1759  board of trustees pursuant to authority under s. 7, Art. IX of
 1760  the State Constitution or for which specific statutory authority
 1761  to adopt such regulations has been provided under this act. The
 1762  Board of Governors shall confirm that the information provided
 1763  complies with the provisions of this section and forward the
 1764  information to the Department of State along with any rules of
 1765  the Board of Governors published in Title 6C that meet the same
 1766  criteria. The Department of State may remove from the Florida
 1767  Administrative Code on or before June 30, 2011, any rule of a
 1768  state university or the Board of Governors that derives purely
 1769  from constitutional authority or for which statutory authority
 1770  to adopt regulations instead of rules has been provided. If the
 1771  Department of State removes a rule from the Florida
 1772  Administrative Code pursuant to this section, it shall place a
 1773  history note at the rule number indicating the action taken and
 1774  referencing this section.
 1775         Section 37. This act shall take effect July 1, 2010.

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