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Senate Bill 2884

Senate Bill sb2884e2

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    CS for CS for SB 2884                         Second Engrossed



  1                      A bill to be entitled

  2         An act relating to state universities; amending

  3         s. 1004.55, F.S.; relocating regional autism

  4         centers for certain counties; amending s.

  5         1009.531, F.S.; revising eligibility criteria

  6         for the Florida Bright Futures Scholarship

  7         Program; creating s. 1011.901, F.S.; awarding

  8         incentive funds to state universities;

  9         requiring the Board of Governors to allocate

10         incentive awards to university boards of

11         trustees; requiring targeting of critical

12         occupations and discipline areas; requiring an

13         annual report to the Governor and the

14         Legislature; amending s. 1009.24, F.S.;

15         requiring university boards of trustees to

16         provide students with a billing statement that

17         reflects the true cost of the student's

18         education; requiring university boards of

19         trustees to develop proposals for block tuition

20         and fee policies and to charge certain students

21         the full cost of education per credit hour;

22         providing certain exceptions; requiring

23         legislative authorization to implement

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

25         the Trust Fund for University Major Gifts;

26         giving authority to the Board of Governors;

27         revising provisions regarding matches for

28         donations; deleting references to New College;

29         designating the Student Union Building at the

30         University of North Florida as the "James E.

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


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    CS for CS for SB 2884                         Second Engrossed



 1         Building"; designating the proposed entrance

 2         pavilion at the John and Mabel Ringling Museum

 3         of Art at the Florida State University Ringling

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

 5         Visitors' Pavilion"; authorizing the erection

 6         of suitable markers; creating the

 7         Florida-Scripps Research Compact; providing an

 8         appropriation; creating s. 1004.451, F.S.;

 9         creating the Florida State University Center

10         for the Performing Arts direct-support

11         organization; amending s. 121.35, F.S.;

12         authorizing state universities to assume

13         certain responsibilities regarding the optional

14         retirement program; requiring remaining state

15         universities to assume those responsibilities

16         if eight universities have done so; amending s.

17         121.122, F.S.; authorizing participation by

18         renewed members in specified optional programs;

19         amending s. 1001.74, F.S., to conform;

20         providing an effective date.

21  

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

23  

24         Section 1.  Subsections (1) and (3) of section 1004.55,

25  Florida Statutes, are amended to read:

26         1004.55  Regional autism centers.--

27         (1)  Seven Six regional autism centers are established

28  to provide nonresidential resource and training services for

29  persons of all ages and of all levels of intellectual

30  functioning who have autism, as defined in s. 393.063; who

31  have a pervasive developmental disorder that is not otherwise


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    CS for CS for SB 2884                         Second Engrossed



 1  specified; who have an autistic-like disability; who have a

 2  dual sensory impairment; or who have a sensory impairment with

 3  other handicapping conditions. Each center shall be

 4  operationally and fiscally independent and shall provide

 5  services within its geographical region of the state. Each

 6  center shall coordinate services within and between state and

 7  local agencies and school districts but may not duplicate

 8  services provided by those agencies or school districts.  The

 9  respective locations and service areas of the centers are:

10         (a)  The Department of Communication Disorders at

11  Florida State University, which serves Bay, Calhoun, Escambia,

12  Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,

13  Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,

14  Walton, and Washington Counties.

15         (b)  The College of Medicine at the University of

16  Florida, which serves Alachua, Bradford, Citrus, Columbia,

17  Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion,

18  Putnam, Suwannee, and Union Counties.

19         (c)  The University of Florida Health Science Center at

20  Jacksonville, which serves Baker, Clay, Duval, Flagler,

21  Nassau, and St. Johns Counties.

22         (d)  The Louis de la Parte Florida Mental Health

23  Institute at the University of South Florida, which serves

24  Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,

25  Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee,

26  Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

27         (e)  The Mailman Center for Child Development at the

28  University of Miami, which serves Broward, Dade and, Monroe,

29  and Palm Beach Counties.

30  

31  


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    CS for CS for SB 2884                         Second Engrossed



 1         (f)  The College of Health and Public Affairs at the

 2  University of Central Florida, which serves Brevard, Lake,

 3  Orange, Osceola, Seminole, Sumter, and Volusia Counties.

 4         (g)  The Department of Exceptional Student Education at

 5  Florida Atlantic University, which serves Palm Beach, Martin,

 6  St. Lucie, Okeechobee, and Indian River Counties.

 7         (3)  To promote statewide planning and coordination, a

 8  conference must be held annually for staff from each of the

 9  seven five centers and representatives from each center's

10  constituency board. The purpose of the conference is to

11  facilitate coordination, networking, cross-training, and

12  feedback among the staffs and constituency boards of the

13  centers.

14         Section 2.  Paragraph (b) of subsection (1) of section

15  1009.531, Florida Statutes, is amended to read:

16         1009.531  Florida Bright Futures Scholarship Program;

17  student eligibility requirements for initial awards.--

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

19  the three types of scholarships under the Florida Bright

20  Futures Scholarship Program, a student must:

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

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

23  1003.435 unless:

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

25  admission program of an eligible postsecondary education

26  institution or completes a home education program according to

27  s. 1002.41; or

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

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

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

31  


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    CS for CS for SB 2884                         Second Engrossed



 1         Section 3.  Section 1011.901, Florida Statutes, is

 2  created to read:

 3         1011.901  Incentive funding for targeted degree

 4  production at state universities.--

 5         (1)  INCENTIVE FUNDING FOR INCREASED DEGREE PRODUCTION

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

 7  Board of Governors shall annually allocate an amount specified

 8  in the General Appropriations Act as incentive awards to

 9  individual university boards of trustees for establishing

10  programs, policies, and procedures that lead to increased

11  degree production in academic discipline areas deemed critical

12  to future job growth needs of this state.

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

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

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

16  2004-2005 fiscal year shall be:

17         (a)  Teaching;

18         (b)  Nursing;

19         (c)  Engineering; and

20         (d)  Information Technology.

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

22  FISCAL YEAR.--

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

24  conjunction with the individual university boards of trustees,

25  shall identify the specific academic disciplines and the

26  appropriate upper-level and graduate-level academic courses

27  that articulate to the targeted career areas identified in

28  subsection (2).

29         (b)  Prior to allocating any appropriated incentive

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

31  2003-2004 full-time equivalent student enrollments in the


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    CS for CS for SB 2884                         Second Engrossed



 1  upper-level and graduate-level academic courses identified

 2  pursuant to this subsection and taken by students who are

 3  officially seeking an undergraduate or graduate degree in the

 4  targeted academic disciplines identified pursuant to this

 5  subsection.

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

 7  develop a methodology for allocating any appropriated

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

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

10  student enrollment growth above the base year. Any

11  appropriated funds for incentives which are not awarded by the

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

13  Fund unallocated.

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

15  FISCAL YEAR AND THEREAFTER.--

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

17  consultation with the Agency for Workforce Innovation,

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

19  develop a multiyear forecasting mechanism for identifying

20  occupations in areas that may require an increase in

21  undergraduate and graduate degree production. By October 1 of

22  each year, such forecasting shall identify occupations with

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

24  potential for subsequent years.

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

26  develop a methodology for allocating any appropriated

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

28  based on increasing undergraduate and graduate degree

29  production in academic disciplines linked to occupations

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

31  appropriated funds for incentives which are not awarded by the


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    CS for CS for SB 2884                         Second Engrossed



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

 2  Fund unallocated.

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

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

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

 6  Representatives which details the implementation of this

 7  section, including any university successes or barriers to

 8  such implementation.

 9         Section 4.  Subsections (15), (16), (17), and (18) are

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

11         1009.24  State university student fees.--

12         (15)  Each university board of trustees shall provide

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

14  statement at the beginning of each semester which clearly

15  identifies the amount of funding the state and the respective

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

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

18  university and state-supported financial assistance shall be

19  itemized and included in the billing statement.  The billing

20  statement required by this subsection may be transmitted to

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

22  sample of the billing statement format shall be submitted to

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

24  August 15 of each year.

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

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

27  to decrease the time required for students to earn their

28  degrees.  The proposals shall not increase costs to students

29  or the state for students participating in the Florida Bright

30  Futures Scholarship Program or the Florida Prepaid College

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


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    CS for CS for SB 2884                         Second Engrossed



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

 2  Speaker of the House of Representatives no later than December

 3  15, 2004.

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

 5  establish a tuition and fee policy, beginning with the

 6  2004-2005 academic year, for students not seeking a degree.

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

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

 9  university as an undergraduate, graduate, or professional

10  student. The policy may not be implemented without legislative

11  authorization.

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

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

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

15  students:

16         1.  Students who provide documentation that the courses

17  they seek to enroll in are required for professional

18  licensure, certification, or recertification.

19         2.  Active duty military personnel.

20         3.  Retired military personnel within 2 years after

21  retirement.

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

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

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

25  purpose of taking job-related courses.

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

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

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

29  identified separately when reporting full-time equivalent

30  student enrollments.

31  


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    CS for CS for SB 2884                         Second Engrossed



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

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

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

 4  Representatives.

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

 6  establish a tuition and fee policy, beginning with the

 7  2004-2005 academic year, for students who are in excess of the

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

 9  percent. The policy may not be implemented without legislative

10  authorization.

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

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

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

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

15  credit hours earned by students:

16         1.  Credit hours earned through an acceleration

17  mechanism identified in s. 1007.27.

18         2.  Credit hours earned in remedial courses.

19         3.  Credit hours earned in military science courses.

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

21         5.  Credit hours required to achieve teacher

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

23  baccalaureate degree.

24         6.  Credit hours taken by active duty military

25  personnel.

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

27  withdraw due to medical or personal hardship reasons.

28         (c)  The policy shall include the following credit

29  hours earned by students for purposes of this subsection:

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

31  university from which the student is seeking a degree,


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    CS for CS for SB 2884                         Second Engrossed



 1  including repeated courses and failed courses, except as

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

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

 4         2.  All credit hours earned at another institution and

 5  accepted for transfer.

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

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

 8  more than 15 percent, excluding those credit hours identified

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

10  reporting full-time equivalent student enrollments.

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

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

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

14  Representatives.

15         Section 5.  Section 1011.94, Florida Statutes, is

16  amended to read:

17         1011.94  Trust Fund for University Major Gifts.--

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

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

20  university and New College to provide donors with an incentive

21  in the form of matching grants for donations for the

22  establishment of permanent endowments and sales tax exemption

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

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

25  support libraries and instruction and research programs, as

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

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

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

29  212.08(5)(j), or eminent scholars program must be deposited

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

31  the Board of Governors State Board of Education allocates the


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    CS for CS for SB 2884                         Second Engrossed



 1  funds to universities to match private donations.

 2  Notwithstanding s. 216.301 and pursuant to s. 216.351, any

 3  undisbursed balance remaining in the trust fund and interest

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

 5  matched and distributed to universities must remain in the

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

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

 8  the sales tax exemption matching program authorized in s.

 9  212.08(5)(j), and interest earnings thereon, shall be

10  maintained in a separate account within the Trust Fund for

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

12  qualified sales tax exemptions that a certified business

13  designates for use by state universities and community

14  colleges to support research and development projects

15  requested by the certified business. The State Board of

16  Education may authorize any university to encumber the state

17  matching portion of a challenge grant from funds available

18  under s. 1011.45.

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

20  shall specify the process for submission, documentation, and

21  approval of requests for matching funds, accountability for

22  endowments and proceeds of endowments, allocations to

23  universities, restrictions on the use of the proceeds from

24  endowments, and criteria used in determining the value of

25  donations.

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

27  shall allocate the amount appropriated to the trust fund to

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

29  donation and the restrictions applied to the donation.

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

31  specific purpose to support university priorities as


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    CS for CS for SB 2884                         Second Engrossed



 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  


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    CS for CS for SB 2884                         Second Engrossed



 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.


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    CS for CS for SB 2884                         Second Engrossed



 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 6.  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 7.  John M. McKay Visitors' Pavilion

29  designated; Florida State University to erect suitable

30  markers.--

31  


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    CS for CS for SB 2884                         Second Engrossed



 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 8.  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, the state's historically black colleges

21  and universities, the University of Miami, and any other

22  accredited medical school in this state to collaborate with

23  the Scripps Research Institute; the acquisition of land,

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

25  research hospital on the campus; the placement of a

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

27  public-private partnerships and necessary physical resources

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

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

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

31  the House of Representatives outlining the potential and


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    CS for CS for SB 2884                         Second Engrossed



 1  feasibility of a Florida-Scripps Research Campus, including

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

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

 4  the compact shall be hosted by Florida Atlantic University and

 5  chaired by the President of Florida Atlantic University.

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

 7  directors whose composition shall be determined by the

 8  Governor, in consultation with the Scripps Research Institute.

 9         (3)  A Compact Research Advisory Committee shall serve

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

11  committee shall be comprised of all members of the Florida

12  Research Consortium and other members as determined by the

13  Governor. The purpose of the Compact Research Advisory

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

15  future collaboration and coordination among Florida's

16  postsecondary institutions and the Scripps Research Institute.

17  Such coordination shall be for purposes of communication,

18  efficiency, priority, and nonduplication rather than as a

19  restriction on any Florida postsecondary institution and its

20  relationship with the Scripps Research Institute.

21         Section 9.  There is appropriated from the General

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

23  $250,000 in nonrecurring funds for the 2004-2005 fiscal year.

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

25  the State University System to support the activities of the

26  Florida-Scripps Research Compact and the Compact Research

27  Advisory Committee.

28         Section 10.  Section 1004.451, Florida Statutes, is

29  created to read:

30         1004.451  Center for the Performing Arts direct-support

31  organization.--


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    CS for CS for SB 2884                         Second Engrossed



 1         (1)  Florida State University shall create a

 2  direct-support organization for the Florida State University

 3  Center for the Performing Arts for the purposes described in

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

 5  organization shall consist of eleven members. The core members

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

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

 8  Florida State University, the Dean of Florida State University

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

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

11  University Conservatory for Actor Training in Sarasota, and

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

13  the President of Florida State University. The seven core

14  members of the board shall appoint two additional members to

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

16  President of Florida State University. The President of

17  Florida State University shall appoint two members from the

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

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

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

21  direct-support organization shall develop a charter and bylaws

22  to govern its operation provided that all decisions by its

23  board of directors shall be taken by at least six-vote

24  majorities. The charter, bylaws, and any modifications of such

25  shall be subject to approval by Florida State University.

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

27  its charter and bylaws, shall acquire from Florida State

28  University, own, and operate the Florida State University

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

30  professional repertory program to work in conjunction with,

31  complement, and support the conservatory's graduate


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    CS for CS for SB 2884                         Second Engrossed



 1  educational theater program of Florida State University in

 2  Sarasota. It shall engage in fundraising to support its

 3  activities and support the independent fundraising efforts of

 4  the Asolo and the Conservatory for Actor Training. The

 5  direct-support organization shall operate and maintain the

 6  building in coordination with the Florida State University

 7  Ringling Cultural Center. All agreements between Florida State

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

 9  act shall remain binding on the parties.

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

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

12  The audit shall be addressed to the direct support

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

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

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

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

17  auditor, any detail or supplemental data relative to the

18  operation of such organization.

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

20  organization may not receive, nor any member of their

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

22  benefit in connection with services or goods associated with

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

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

25  the sale or exchange of goods or services within the

26  direct-support organization.

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

28  organization shall act as a direct-support organization

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

30         (6)  Florida State University shall transfer the Center

31  for the Performing Arts to the direct-support organization


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    CS for CS for SB 2884                         Second Engrossed



 1  when Florida State University has approved the charter and

 2  bylaws of the direct-support organization.

 3         Section 11.  Subsection (7) is added to section 121.35,

 4  Florida Statutes, to read:

 5         121.35  Optional retirement program for the State

 6  University System.--

 7         (7)  MAINTENANCE AND ADMINISTRATION OF

 8  PROGRAM.--Effective July 1, 2004, a state university, as

 9  defined in s. 1000.21, may irrevocably assume responsibility

10  for the independent maintenance and administration of the

11  optional retirement program described in this section with

12  respect to all former, present, and future eligible employees

13  of such university and their beneficiaries. If eight state

14  universities assume that responsibility in accordance with

15  this subsection, each of the remaining state universities

16  must, within 1 year, also assume that responsibility. When a

17  state university implements the independent optional

18  retirement program, the provisions of this section shall

19  apply, except to the extent that such provisions are

20  superseded by the following:

21         (a)  All employer and employee contributions under the

22  program shall be made either directly by the state university

23  or by its program administrator to the designated provider

24  companies that are contracting pursuant to subsection (1) for

25  the accumulation and payment of benefits to the program

26  participant, provided that a program administrator may not

27  also be a designated provider company or affiliate thereof and

28  shall be engaged solely for the purpose of facilitating the

29  payment of contributions to designated provider companies as

30  selected by the participant employee upon enrollment with such

31  provider companies or their local representatives.


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    CS for CS for SB 2884                         Second Engrossed



 1         (b)  The state university may authorize the deposit

 2  into a participant's account or accounts contributions in the

 3  form of rollovers or direct trustee-to-trustee transfers by or

 4  on behalf of participants who are reasonably determined by the

 5  state university to be eligible for rollover or transfer to

 6  its optional retirement program pursuant to the Internal

 7  Revenue Code and any applicable requirements of the state

 8  university. Accounting for such contributions by the

 9  designated provider companies shall be in accordance with the

10  applicable requirements of the Internal Revenue Code and the

11  state university.

12         (c)  The state university may deduct from its employer

13  contribution on behalf of each program participant an amount

14  approved by the state university's board of trustees to

15  provide for the administration of its optional retirement

16  program.

17         (d)  Benefits shall be paid by the provider company or

18  companies in accordance with law, the provisions of the

19  contract, and any applicable state university rule or policy.

20         (e)  All aspects of the administration of the program

21  as set forth in subsection (6), including the selection of

22  provider companies, investment products, and contracts offered

23  through the optional retirement program, written program

24  description, and an annual accounting of contributions made by

25  and on behalf of each participant, shall be the sole

26  responsibility of the state university.

27         (f)  For purposes of administering the Florida

28  Retirement System, the state university shall continue to

29  report required information to the division on a monthly

30  basis.

31  


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    CS for CS for SB 2884                         Second Engrossed



 1         (g)  This section does not terminate or otherwise

 2  modify contracts entered into prior to July 1, 2004, between

 3  the current designated provider companies and the Division of

 4  Retirement or the Department of Management Services. Any

 5  rights under such contracts which are exercisable by the

 6  division or department shall be exercisable by each university

 7  assuming responsibility for its own optional retirement

 8  program pursuant to this section as the successor governmental

 9  entity with respect to such contracts.

10         Section 12.  Subsection (7) is added to section

11  121.122, Florida Statutes, to read:

12         121.122  Renewed membership in system.--Except as

13  provided in s. 121.053, effective July 1, 1991, any retiree of

14  a state-administered retirement system who is employed in a

15  regularly established position with a covered employer shall

16  be enrolled as a compulsory member of the Regular Class of the

17  Florida Retirement System or, effective July 1, 1997, any

18  retiree of a state-administered retirement system who is

19  employed in a position included in the Senior Management

20  Service Class shall be enrolled as a compulsory member of the

21  Senior Management Service Class of the Florida Retirement

22  System as provided in s. 121.055, and shall be entitled to

23  receive an additional retirement benefit, subject to the

24  following conditions:

25         (7)  Effective July 1, 2004, any retiree of a

26  state-administered retirement system who is employed in a

27  regularly established position is eligible to participate in

28  an optional retirement program as established in s. 121.35 or

29  s. 121.051(2)(c), subject to the provisions of those sections.

30         Section 13.  Subsection (19) of section 1001.74,

31  Florida Statutes, is amended to read:


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    CS for CS for SB 2884                         Second Engrossed



 1         1001.74  Powers and duties of university boards of

 2  trustees.--

 3         (19)(a)  Each board of trustees shall establish the

 4  personnel program for all employees of the university,

 5  including the president, pursuant to the provisions of chapter

 6  1012 and, in accordance with rules and guidelines of the State

 7  Board of Education, including: compensation and other

 8  conditions of employment, recruitment and selection,

 9  nonreappointment, standards for performance and conduct,

10  evaluation, benefits and hours of work, leave policies,

11  recognition and awards, inventions and works, travel, learning

12  opportunities, exchange programs, academic freedom and

13  responsibility, promotion, assignment, demotion, transfer,

14  tenure and permanent status, ethical obligations and conflicts

15  of interest, restrictive covenants, disciplinary actions,

16  complaints, appeals and grievance procedures, and separation

17  and termination from employment. The Department of Management

18  Services shall retain authority over state university

19  employees for programs established in ss. 110.123, 110.161,

20  110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and

21  238, except as otherwise provided in paragraph (b).

22         (b)  Each board of trustees may implement and

23  administer an optional retirement program pursuant to s.

24  121.35(7) and may enter into consortia with other boards of

25  trustees for this purpose.

26         Section 14.  This act shall take effect July 1, 2004.

27  

28  

29  

30  

31  


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