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Senate Bill 2884

Senate Bill sb2884c2

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    Florida Senate - 2004                    CS for CS for SB 2884

    By the Committees on Appropriations; Education; and Senator
    Carlton




    309-2689-04

  1                      A bill to be entitled

  2         An act relating to state universities; amending

  3         s. 1009.531, F.S.; revising eligibility

  4         criteria for the Florida Bright Futures

  5         Scholarship Program; creating s. 1011.901,

  6         F.S.; awarding incentive funds to state

  7         universities; requiring the Board of Governors

  8         to allocate incentive awards to university

  9         boards of trustees; requiring targeting of

10         critical occupations and discipline areas;

11         requiring an annual report to the Governor and

12         the Legislature; amending s. 1009.24, F.S.;

13         requiring university boards of trustees to

14         provide students with a billing statement that

15         reflects the true cost of the student's

16         education; requiring university boards of

17         trustees to develop proposals for block tuition

18         and fee policies and to charge certain students

19         the full cost of education per credit hour;

20         providing certain exceptions; requiring

21         legislative authorization to implement

22         policies; amending s. 1011.94, F.S.; amending

23         the Trust Fund for University Major Gifts;

24         giving authority to the Board of Governors;

25         revising provisions regarding matches for

26         donations; deleting references to New College;

27         designating the Student Union Building at the

28         University of North Florida as the "James E.

29         "Jim" and Linda King, Jr., Student Union

30         Building"; designating the proposed entrance

31         pavilion at the John and Mabel Ringling Museum

                                  1

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    Florida Senate - 2004                    CS for CS for SB 2884
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 1         of Art at the Florida State University Ringling

 2         Center for Cultural Arts as the "John M. McKay

 3         Visitors' Pavilion"; authorizing the erection

 4         of suitable markers; creating the

 5         Florida-Scripps Research Compact; providing an

 6         appropriation; creating the Florida State

 7         University Center for the Performing Arts

 8         direct-support organization; providing an

 9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Paragraph (b) of subsection (1) of section

14  1009.531, Florida Statutes, is amended to read:

15         1009.531  Florida Bright Futures Scholarship Program;

16  student eligibility requirements for initial awards.--

17         (1)  To be eligible for an initial award from any of

18  the three types of scholarships under the Florida Bright

19  Futures Scholarship Program, a student must:

20         (b)  Earn a standard Florida high school diploma or its

21  equivalent as described in s. 1003.429, s. 1003.43, or s.

22  1003.435 unless:

23         1.  The student is enrolled full time in the early

24  admission program of an eligible postsecondary education

25  institution or completes a home education program according to

26  s. 1002.41; or

27         2.  The student earns a high school diploma from a

28  non-Florida school while living with a parent or guardian who

29  is on military or public service assignment away from Florida.

30         Section 2.  Section 1011.901, Florida Statutes, is

31  created to read:

                                  2

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    Florida Senate - 2004                    CS for CS for SB 2884
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 1         1011.901  Incentive funding for targeted degree

 2  production at state universities.--

 3         (1)  INCENTIVE FUNDING FOR INCREASED DEGREE PRODUCTION

 4  IN CRITICAL AREAS.--Subject to legislative appropriation, the

 5  Board of Governors shall annually allocate an amount specified

 6  in the General Appropriations Act as incentive awards to

 7  individual university boards of trustees for establishing

 8  programs, policies, and procedures that lead to increased

 9  degree production in academic discipline areas deemed critical

10  to future job growth needs of this state.

11         (2)  TARGETED CRITICAL AREAS DURING THE 2004-2005

12  FISCAL YEAR.--The targeted academic discipline areas deemed

13  critical to future job growth needs of this state for the

14  2004-2005 fiscal year shall be:

15         (a)  Teaching;

16         (b)  Nursing;

17         (c)  Engineering; and

18         (d)  Information Technology.

19         (3)  ALLOCATION OF INCENTIVE AWARDS FOR THE 2004-2005

20  FISCAL YEAR.--

21         (a) By July 15, 2004, the Board of Governors, in

22  conjunction with the individual university boards of trustees,

23  shall identify the specific academic disciplines and the

24  appropriate upper-level and graduate-level academic courses

25  that articulate to the targeted career areas identified in

26  subsection (2).

27         (b)  Prior to allocating any appropriated incentive

28  awards, the Board of Governors shall establish a base from the

29  2003-2004 full-time equivalent student enrollments in the

30  upper-level and graduate-level academic courses identified

31  pursuant to this subsection and taken by students who are

                                  3

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 1  officially seeking an undergraduate or graduate degree in the

 2  targeted academic disciplines identified pursuant to this

 3  subsection.

 4         (c)  By August 15, 2004, the Board of Governors shall

 5  develop a methodology for allocating any appropriated

 6  incentive awards for the 2004-2005 fiscal year based on a

 7  prorated share of the actual number of full-time equivalent

 8  student enrollment growth above the base year. Any

 9  appropriated funds for incentives which are not awarded by the

10  end of the fiscal year shall revert to the General Revenue

11  Fund unallocated.

12         (4)  TARGETED CRITICAL AREAS DURING THE 2005-2006

13  FISCAL YEAR AND THEREAFTER.--

14         (a)  By October 1, 2004, the Board of Governors, in

15  consultation with the Agency for Workforce Innovation,

16  Workforce Florida, Inc., and Enterprise Florida, Inc., shall

17  develop a multiyear forecasting mechanism for identifying

18  occupations in areas that may require an increase in

19  undergraduate and graduate degree production. By October 1 of

20  each year, such forecasting shall identify occupations with

21  the largest unmet growth rates as well as the highest wage

22  potential for subsequent years.

23         (b)  By November 1, 2004, the Board of Governors shall

24  develop a methodology for allocating any appropriated

25  incentive awards, beginning with the 2005-2006 fiscal year,

26  based on increasing undergraduate and graduate degree

27  production in academic disciplines linked to occupations

28  identified by the forecast specified in paragraph (a). Any

29  appropriated funds for incentives which are not awarded by the

30  end of the fiscal year shall revert to the General Revenue

31  Fund unallocated.

                                  4

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 1         (5)  ANNUAL REPORT.--By December 1 of each year, the

 2  Board of Governors shall submit a report to the Governor, the

 3  President of the Senate, and the Speaker of the House of

 4  Representatives which details the implementation of this

 5  section, including any university successes or barriers to

 6  such implementation.

 7         Section 3.  Subsections (15), (16), (17), and (18) are

 8  added to section 1009.24, Florida Statutes, to read:

 9         1009.24  State university student fees.--

10         (15)  Each university board of trustees shall provide

11  every student who is charged tuition and fees with a billing

12  statement at the beginning of each semester which clearly

13  identifies the amount of funding the state and the respective

14  university are paying on behalf of the student to reflect the

15  true costs of the student's education. State funding to the

16  university and state-supported financial assistance shall be

17  itemized and included in the billing statement.  The billing

18  statement required by this subsection may be transmitted to

19  the student by e-mail, web page, or other electronic means.  A

20  sample of the billing statement format shall be submitted to

21  the Board of Governors for its review and approval prior to

22  August 15 of each year.

23         (16)  Each university board of trustees shall develop a

24  proposal to establish a block tuition and fee policy in order

25  to decrease the time required for students to earn their

26  degrees.  The proposals shall not increase costs to students

27  or the state for students participating in the Florida Bright

28  Futures Scholarship Program or the Florida Prepaid College

29  Program. The proposals shall be submitted to the Board of

30  Governors, the Governor, the President of the Senate, and the

31  

                                  5

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    Florida Senate - 2004                    CS for CS for SB 2884
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 1  Speaker of the House of Representatives no later than December

 2  15, 2004.

 3         (17)(a)  Each university board of trustees shall

 4  establish a tuition and fee policy, beginning with the

 5  2004-2005 academic year, for students not seeking a degree.

 6  For purposes of this subsection, a student not seeking a

 7  degree is a student who has not been formally admitted to the

 8  university as an undergraduate, graduate, or professional

 9  student. The policy may not be implemented without legislative

10  authorization.

11         (b)  Such policy shall require students who are not

12  seeking a degree to pay the full cost of instruction per

13  credit hour, but shall provide an exemption for the following

14  students:

15         1.  Students who provide documentation that the courses

16  they seek to enroll in are required for professional

17  licensure, certification, or recertification.

18         2.  Active duty military personnel.

19         3.  Retired military personnel within 2 years after

20  retirement.

21         4.  Full-time employees of state agencies or political

22  subdivisions of the state when the employee's tuition and fees

23  are paid by the state agency or political subdivision for the

24  purpose of taking job-related courses.

25         (c)  Student credit hours generated by students who are

26  not seeking a degree, excluding those students who have been

27  provided an exemption pursuant to paragraph (b), shall be

28  identified separately when reporting full-time equivalent

29  student enrollments.

30         (d)  The policy shall be submitted to the Board of

31  Governors for its review and submission to the Governor, the

                                  6

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 1  President of the Senate, and the Speaker of the House of

 2  Representatives.

 3         (18)(a)  Each university board of trustees shall

 4  establish a tuition and fee policy, beginning with the

 5  2004-2005 academic year, for students who are in excess of the

 6  number of credit hours needed to graduate by more than 15

 7  percent. The policy may not be implemented without legislative

 8  authorization.

 9         (b)  Such policy shall require students who are in

10  excess of the number of credit hours needed to graduate by

11  more than 15 percent to pay the full cost of instruction per

12  credit hour, but shall provide an exemption for the following

13  credit hours earned by students:

14         1.  Credit hours earned through an acceleration

15  mechanism identified in s. 1007.27.

16         2.  Credit hours earned in remedial courses.

17         3.  Credit hours earned in military science courses.

18         4.  Credit hours required to achieve a dual major.

19         5.  Credit hours required to achieve teacher

20  certification that are not credited toward the student's first

21  baccalaureate degree.

22         6.  Credit hours taken by active duty military

23  personnel.

24         7.  Credit hours in courses from which a student must

25  withdraw due to medical or personal hardship reasons.

26         (c)  The policy shall include the following credit

27  hours earned by students for purposes of this subsection:

28         1.  All credit hours for courses taken at the state

29  university from which the student is seeking a degree,

30  including repeated courses and failed courses, except as

31  

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 1  provided in s. 1009.285, and courses that are dropped after

 2  the university's advertised last day of drop and add.

 3         2.  All credit hours earned at another institution and

 4  accepted for transfer.

 5         (d)  Student credit hours generated by students who are

 6  in excess of the number of credit hours needed to graduate by

 7  more than 15 percent, excluding those credit hours identified

 8  in paragraph (b), shall be identified separately when

 9  reporting full-time equivalent student enrollments.

10         (e)  The policy shall be submitted to the Board of

11  Governors for its review and submission to the Governor, the

12  President of the Senate, and the Speaker of the House of

13  Representatives.

14         Section 4.  Section 1011.94, Florida Statutes, is

15  amended to read:

16         1011.94  Trust Fund for University Major Gifts.--

17         (1)  There is established a Trust Fund for University

18  Major Gifts. The purpose of the trust fund is to enable each

19  university and New College to provide donors with an incentive

20  in the form of matching grants for donations for the

21  establishment of permanent endowments and sales tax exemption

22  matching funds received pursuant to s. 212.08(5)(j), which

23  must be invested, with the proceeds of the investment used to

24  support libraries and instruction and research programs, as

25  defined by the Board of Governors State Board of Education.

26  All funds appropriated for the challenge grants, new donors,

27  major gifts, sales tax exemption matching funds pursuant to s.

28  212.08(5)(j), or eminent scholars program must be deposited

29  into the trust fund and invested pursuant to s. 17.61 until

30  the Board of Governors State Board of Education allocates the

31  funds to universities to match private donations.

                                  8

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    Florida Senate - 2004                    CS for CS for SB 2884
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 1  Notwithstanding s. 216.301 and pursuant to s. 216.351, any

 2  undisbursed balance remaining in the trust fund and interest

 3  income accruing to the portion of the trust fund which is not

 4  matched and distributed to universities must remain in the

 5  trust fund and be used to increase the total funds available

 6  for challenge grants. Funds deposited in the trust fund for

 7  the sales tax exemption matching program authorized in s.

 8  212.08(5)(j), and interest earnings thereon, shall be

 9  maintained in a separate account within the Trust Fund for

10  University Major Gifts, and may be used only to match

11  qualified sales tax exemptions that a certified business

12  designates for use by state universities and community

13  colleges to support research and development projects

14  requested by the certified business. The State Board of

15  Education may authorize any university to encumber the state

16  matching portion of a challenge grant from funds available

17  under s. 1011.45.

18         (2)  The Board of Governors State Board of Education

19  shall specify the process for submission, documentation, and

20  approval of requests for matching funds, accountability for

21  endowments and proceeds of endowments, allocations to

22  universities, restrictions on the use of the proceeds from

23  endowments, and criteria used in determining the value of

24  donations.

25         (3)(a)  The Board of Governors State Board of Education

26  shall allocate the amount appropriated to the trust fund to

27  each university and New College based on the amount of the

28  donation and the restrictions applied to the donation.

29         (b)  Donations from a private source must be for a

30  specific purpose to support university priorities as

31  

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 1  established by the university's board of trustees and must be

 2  matched in the following manner:

 3         1.  Each university that raises at least $100,000 but

 4  no more than $499,999 $599,999 from a private source must

 5  receive a matching grant equal to 25 50 percent of the private

 6  contribution.

 7         2.  Each university that raises a contribution of at

 8  least $500,000 $600,000 but no more than $999,999 $1 million

 9  from a private source must receive a matching grant equal to

10  50 70 percent of the private contribution.

11         3.  Each university that raises a contribution in

12  excess of at least $1 million but less no more than $3 $1.5

13  million from a private source must receive a matching grant

14  equal to 75 percent of the private contribution.

15         4.  Each university that raises a contribution in

16  excess of $1.5 million but no more than $2 million from a

17  private source must receive a matching grant equal to 80

18  percent of the private contribution.

19         4.5.  Each university that raises a contribution in

20  excess of $3 $2 million or more from a private source must

21  receive a matching grant equal to 100 percent of the private

22  contribution.

23         5.  A bundled gift shall be limited to not more than $1

24  million and a maximum match of 50 percent.

25         6.  The maximum amount of matching funds that may be

26  used to match a single gift in any given year is $3 million.

27  The maximum total amount of matching funds that may be used to

28  match any single gift is $15 million, to be distributed in

29  equal amounts of $3 million per year over a period of 5 years,

30  subject to availability of funds.

31  

                                  10

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 1         (c)  The State Board of Education shall encumber state

 2  matching funds for any pledged contributions, pro rata, based

 3  on the requirements for state matching funds as specified for

 4  the particular challenge grant and the amount of the private

 5  donations actually received by the university for the

 6  respective challenge grant.

 7         (4)  Matching funds may be provided for contributions

 8  encumbered or pledged under the Eminent Scholars Act prior to

 9  July 1, 1994, and for donations or pledges of any amount equal

10  to or in excess of the prescribed minimums which are pledged

11  for the purpose of this section.

12         (5)(a)  Each university foundation and New College

13  Foundation shall establish a challenge grant account for each

14  challenge grant as a depository for private contributions and

15  state matching funds to be administered on behalf of the Board

16  of Governors or State Board of Education, the university, or

17  New College. State matching funds must be transferred to a

18  university foundation or New College Foundation upon

19  notification that the university or New College has received

20  and deposited the amount specified in this section in a

21  foundation challenge grant account.

22         (b)  The foundation serving a university and New

23  College Foundation each has the responsibility for the

24  maintenance and investment of its challenge grant account and

25  for the administration of the program on behalf of the

26  university or New College, pursuant to procedures specified by

27  the Board of Governors State Board of Education. Each

28  foundation shall include in its annual report to the Board of

29  Governors State Board of Education information concerning

30  collection and investment of matching gifts and donations and

31  investment of the account.

                                  11

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 1         (c)  A private donation of at least $700,000 $600,000

 2  and associated state matching funds may be used to designate

 3  an Eminent Scholar Endowed Chair pursuant to procedures

 4  specified by the State Board of Education.

 5         (6)  The donations, state matching funds, or proceeds

 6  from endowments established under this section may not be

 7  expended for the construction, renovation, or maintenance of

 8  facilities or for the support of intercollegiate athletics.

 9         (7)  Any gift, including a gift pledged and approved

10  for initial match, which is approved by the Board of Governors

11  and on the pending list before July 1, 2005, shall be eligible

12  for state match at the matching rate in effect immediately

13  prior to July 1, 2004. The revised matching rates are

14  effective for new gifts and pledges made on or after July 1,

15  2005.

16         (8)  Implementation of this section is contingent upon

17  legislative appropriation and as provided by law.

18         Section 5.  James E. "Jim" and Linda King, Jr., Student

19  Union Building designated; University of North Florida to

20  erect suitable markers.--

21         (1)  The Student Union Building at the University of

22  North Florida is designated as the "James E. "Jim" and Linda

23  King, Jr., Student Union Building."

24         (2)  The University of North Florida is authorized to

25  erect suitable markers for the designation of the James E.

26  "Jim" and Linda King, Jr., Student Union Building as described

27  in subsection (1).

28         Section 6.  John M. McKay Visitors' Pavilion

29  designated; Florida State University to erect suitable

30  markers.--

31  

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 1         (1)  The proposed entrance pavilion at the John and

 2  Mabel Ringling Museum of Art at the Florida State University

 3  Center for Cultural Arts in Sarasota is designated as the

 4  "John M. McKay Visitors' Pavilion."

 5         (2)  Florida State University is authorized to erect

 6  suitable markers for the designation of the John M. McKay

 7  Visitors' Pavilion as described in subsection (1).

 8         Section 7.  Section 1004.63, Florida Statutes, is

 9  created to read:

10         1004.63  Florida-Scripps Research Compact.--

11         (1)  There is created the Florida-Scripps Research

12  Compact. The purpose of the compact is to explore facilitating

13  and maximizing Florida's postsecondary collaboration with the

14  Scripps Research Institute, including the feasibility and

15  planning of a physical presence constituting a fully

16  operational State of Florida-Scripps Research Campus over a

17  multiyear phase-in. Such plans may include, but need not be

18  limited to, the creation of research and graduate education

19  facilities for faculty, support staff, and students of the

20  state universities and the University of Miami to collaborate

21  with the Scripps Research Institute; the acquisition of land,

22  facilities, and equipment; the potential for placement of a

23  research hospital on the campus; the placement of a

24  public-private research incubator on the campus; and any other

25  public-private partnerships and necessary physical resources

26  that would enhance the state's relationship with the Scripps

27  Research Institute. By December 31, 2004, the compact shall

28  submit a report to the Office of the Governor, the Senate, and

29  the House of Representatives outlining the potential and

30  feasibility of a Florida-Scripps Research Campus, including

31  plans for governance, operation, and phased-in budget.

                                  13

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 1         (2)  For purposes of administration and fiscal agency,

 2  the compact shall be hosted by Florida Atlantic University and

 3  chaired by the President of Florida Atlantic University.

 4  Functions of the compact shall be overseen by a board of

 5  directors whose composition shall be determined by the

 6  Governor, in consultation with the Scripps Research Institute.

 7         (3)  A Compact Research Advisory Committee shall serve

 8  as a standing committee of the board of directors. The

 9  committee shall be comprised of all members of the Florida

10  Research Consortium and other members as determined by the

11  Governor. The purpose of the Compact Research Advisory

12  Committee shall be to facilitate the report as well as the

13  future collaboration and coordination among Florida's

14  postsecondary institutions and the Scripps Research Institute.

15  Such coordination shall be for purposes of communication,

16  efficiency, priority, and nonduplication rather than as a

17  restriction on any Florida postsecondary institution and its

18  relationship with the Scripps Research Institute.

19         Section 8.  There is appropriated from the General

20  Revenue Fund to the State Board of Education the sum of

21  $250,000 in nonrecurring funds for the 2004-2005 fiscal year.

22  These funds shall be administered by the Board of Governors of

23  the State University System to support the activities of the

24  Florida-Scripps Research Compact and the Compact Research

25  Advisory Committee.

26         Section 9.  Section 1004.451, Florida Statutes, is

27  created to read:

28         1004.451  Center for the Performing Arts direct-support

29  organization.--

30         (1)  Florida State University shall create a

31  direct-support organization for the Florida State University

                                  14

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 1  Center for the Performing Arts for the purposes described in

 2  this section. The board of directors of the direct-support

 3  organization shall consist of eleven members. The core members

 4  of the board of directors shall be the President of Florida

 5  State University, the Chair of the Board of Trustees for

 6  Florida State University, the Dean of Florida State University

 7  School of Theater, the Dean of Florida State University School

 8  of Visual Arts and Dance, the Director of Florida State

 9  University Conservatory for Actor Training in Sarasota, and

10  two members nominated by Asolo Theater, Inc., and approved by

11  the President of Florida State University. The seven core

12  members of the board shall appoint two additional members to

13  serve on the board of directors with the approval of the

14  President of Florida State University. The President of

15  Florida State University shall appoint two members from the

16  Sarasota community, or, at the President's discretion, may

17  appoint two members nominated by the Sarasota Ballet, Inc.

18  Upon appointment of all members of the board of directors, the

19  direct-support organization shall develop a charter and bylaws

20  to govern its operation. The charter, bylaws, and any

21  modifications of such shall be subject to approval by Florida

22  State University.

23         (2)  The direct-support organization, operating under

24  its charter and bylaws, shall acquire from Florida State

25  University, own, and operate the Florida State University

26  Center for the Performing Arts, and shall promote a resident

27  professional repertory program to work in conjunction with,

28  complement, and support the conservatory's graduate

29  educational theater program of Florida State University in

30  Sarasota. It shall engage in fundraising to support its

31  activities and support the independent fundraising efforts of

                                  15

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 1  the Asolo and the Conservatory for Actor Training. The

 2  direct-support organization shall operate and maintain the

 3  building in coordination with the Florida State University

 4  Ringling Cultural Center. All agreements between Florida State

 5  University and Asolo in force on the effective date of this

 6  act shall remain binding on the parties.

 7         (3)  The direct-support organization shall provide for

 8  an annual financial audit in accordance with s. 1004.28(5).

 9  The audit shall be addressed to the direct support

10  organization, Florida State University, the Asolo, and, if it

11  has members serving on the board of directors, the Sarasota

12  Ballet, each of whom are authorized to require and receive

13  from the direct-support organization, or from its independent

14  auditor, any detail or supplemental data relative to the

15  operation of such organization.

16         (4)  An employee or member of the direct-support

17  organization may not receive, nor any member of their

18  immediate family receive, a commission, fee, or financial

19  benefit in connection with services or goods associated with

20  the direct-support organization and may not be a business

21  associate of any individual, firm, or organization involved in

22  the sale or exchange of goods or services within the

23  direct-support organization.

24         (5)  In all other respects, the direct-support

25  organization shall act as a direct-support organization

26  authorized and governed by the provisions of s. 1004.28.

27         (6)  Florida State University shall transfer the Center

28  for the Performing Arts to the direct-support organization

29  when Florida State University has approved the charter and

30  bylaws of the direct-support organization.

31         Section 10.  This act shall take effect July 1, 2004.

                                  16

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                    Senate Bill CS for SB 2884

 3                                 

 4  The committee substitute creates the Florida Scripps Research
    Compact.  The compact is directed to facilitate and maximize
 5  collaboration with Florida's postsecondary institutions with
    the Scripps Research Institute.  The CS appropriates $250,000
 6  in nonrecurring funds from the General Revenue Fund to the
    State Board of Education for the 2004-2005 Fiscal Year, to
 7  support the compact.

 8  The CS creates a direct-support organization to own and
    operate the Florida State University Center for the Performing
 9  Arts.

10   

11  

12  

13  

14  

15  

16  

17  

18  

19  

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21  

22  

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26  

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31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.

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