Bill Text: FL S0632 | 2011 | Regular Session | Comm Sub
Bill Title: Postsecondary Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0632 Detail]
Download: Florida-2011-S0632-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 632 By the Committees on Community Affairs; and Higher Education; and Senator Oelrich 578-04335-11 2011632c2 1 A bill to be entitled 2 An act relating to postsecondary education; amending 3 s. 705.18, F.S.; revising provisions relating to the 4 disposal of personal property lost or abandoned on a 5 university or Florida College System institution 6 campus and the disposition of proceeds from the sale 7 of such property; requiring that the university or 8 Florida College System institution president, or his 9 or her designee, dispose of or make use of unclaimed 10 property in accordance with university or Florida 11 College System institution policies and procedures; 12 amending ss. 267.062, 1004.23, 1010.03, 1010.04, 13 1010.07, 1011.48, 1012.91, and 1013.171, F.S.; 14 revising provisions to replace references to “rules” 15 with “regulations”; repealing s. 1007.27(10), F.S., 16 relating to an exemption for students who earn 9 or 17 more credits from one or more of the articulated 18 acceleration mechanisms from any requirement of a 19 public postsecondary educational institution which 20 mandates enrollment during a summer term; amending s. 21 1013.33, F.S.; conforming a cross-reference; repealing 22 s. 1013.63, F.S., relating to the University 23 Concurrency Trust Fund; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 705.18, Florida Statutes, is amended to 28 read: 29 705.18 Disposal of personal property lost or abandoned on 30 university or Florida College System institutioncommunity31collegecampuses; disposition of proceeds from sale.— 32(1)Whenever any lost or abandoned personal property is 33shall befound on a campus of an institution in the State 34 University System or a campus of a Florida College System 35 institutionstate-supported community college, the president of 36 the institution or the president’s designee shall take charge of 37 the property and make a record of the date such property was 38 found. If the property is not claimed by the owner,within 30 39 days after itsuch propertyis found, or a longer period of time 40 as may be deemed appropriate by the presidentunder the41circumstances, the property is not claimed by the owner, the 42 president or his or her designee shall dispose of or make use of 43 the property in accordance with established policies and 44 procedures that best meet the needs of the university or the 45 Florida College System institution and its studentsshallorder46it sold at public outcry after giving notice of the time and47place of sale in a publication of general circulation on the48campus of such institution and written notice to the owner if49known. The rightful owner of thesuchproperty may reclaim the 50 propertythe sameat any time prior to the disposition, sale, or 51 use of the property in accordance with this section and the 52 established policies and procedures of the university or the 53 Florida College System institution. 54(2) All moneys realized from such institution’s sale shall55be placed in an appropriate fund and used solely for student56scholarship and loan purposes.57 Section 2. Subsection (3) of section 267.062, Florida 58 Statutes, is amended to read: 59 267.062 Naming of state buildings and other facilities.— 60 (3) Notwithstanding the provisions of subsection (1) or s. 61 1013.79(11), any state building, road, bridge, park, 62 recreational complex, or other similar facility of a state 63 university may be named for a living person by the university 64 board of trustees in accordance with regulationsrulesadopted 65 by the Board of Governors of the State University System. 66 Section 3. Subsection (6) of section 1004.23, Florida 67 Statutes, is amended to read: 68 1004.23 Universities; powers; patents, copyrights, and 69 trademarks.—Any other law to the contrary notwithstanding, each 70 state university is authorized, in its own name, to: 71 (6) Do all other acts necessary and proper for the 72 execution of powers and duties herein conferred upon the 73 university, including adopting regulationsrules, as necessary, 74 in order to administer this section. Any proceeds therefrom 75 shall be deposited and expended in accordance with s. 1004.22. 76 Any action taken by the university in securing or exploiting 77 such trademarks, copyrights, or patents shall, within 30 days, 78 be reported in writing by the president to the Department of 79 State. 80 Section 4. Section 1010.03, Florida Statutes, is amended to 81 read: 82 1010.03 Delinquent accounts.—District school boards, 83 Florida College System institutioncommunity collegeboards of 84 trustees, and university boards of trustees: 85 (1) Shall exert every effort to collect all delinquent 86 accounts. 87 (2) May charge off or settle such accounts as may prove 88 uncollectible. 89 (3) May employ the services of a collection agency when 90 deemed advisable in collecting delinquent accounts. 91 (4) May adopt rules, except that university boards of 92 trustees may adopt regulations, as necessary, to implement the 93 provisions of this section, including setoff procedures, payroll 94 deductions, and restrictions on release of transcripts, awarding 95 of diplomas, and access to other resources and services of the 96 school district, Florida College System institutioncommunity97college, or university. 98 Section 5. Subsection (2) of section 1010.04, Florida 99 Statutes, is amended to read: 100 1010.04 Purchasing.— 101 (2) Each district school board and Florida College System 102 institution,community collegeboard of trustees, and each103university board of trusteesshall adopt rules, and each 104 university board of trustees shall adopt regulations, to be 105 followed in making purchases. 106 Section 6. Paragraph (b) of subsection (2) of section 107 1010.07, Florida Statutes, is amended to read: 108 1010.07 Bonds or insurance required.— 109 (2) 110 (b) Contractors paid from university funds shall give bond 111 for the faithful performance of their contracts in such amount 112 and for such purposes as prescribed by s. 255.05 or by 113 regulationsrulesof the Board of Governors relating to the type 114 of contract involved. It shall be the duty of the university 115 board of trustees to require from construction contractors a 116 bond adequate to protect the board and the board’s funds 117 involved. 118 Section 7. Subsection (4) of section 1011.48, Florida 119 Statutes, is amended to read: 120 1011.48 Establishment of educational research centers for 121 child development.— 122 (4) The Board of Governors may adopt regulationsrulesfor 123 the establishment, operation, and supervision of educational 124 research centers for child development. Such regulationsrules125 shall include, but need not be limited to: a defined method of 126 establishment of and participation in the operation of centers 127 by the appropriate student government associations; guidelines 128 for the establishment of an intern program in each center; and 129 guidelines for the receipt and monitoring of funds from grants 130 and other sources of funds consistent with existing laws. 131 Section 8. Subsection (1) of section 1012.91, Florida 132 Statutes, is amended to read: 133 1012.91 Personnel Records.— 134 (1) Each university board of trustees shall adopt 135 regulationsrulesprescribing the content and custody of 136 limited-access records that the university may maintain on its 137 employees. Such limited-access records are confidential and 138 exempt from the provisions of s. 119.07(1). Such records are 139 limited to the following: 140 (a) Records containing information reflecting academic 141 evaluations of employee performance shall be open to inspection 142 only by the employee and by officials of the university 143 responsible for supervision of the employee. 144 (b) Records maintained for the purposes of any 145 investigation of employee misconduct, including but not limited 146 to a complaint against an employee and all information obtained 147 pursuant to the investigation of such complaint, shall be 148 confidential until the investigation ceases to be active or 149 until the university provides written notice to the employee who 150 is the subject of the complaint that the university has either: 151 1. Concluded the investigation with a finding not to 152 proceed with disciplinary action; 153 2. Concluded the investigation with a finding to proceed 154 with disciplinary action; or 155 3. Issued a letter of discipline. 156 157 For the purpose of this paragraph, an investigation shall be 158 considered active as long as it is continuing with a reasonable, 159 good faith anticipation that a finding will be made in the 160 foreseeable future. An investigation shall be presumed to be 161 inactive if no finding is made within 90 days after the 162 complaint is filed. 163 (c) Records maintained for the purposes of any disciplinary 164 proceeding brought against an employee shall be confidential 165 until a final decision is made in the proceeding. The record of 166 any disciplinary proceeding, including any evidence presented, 167 shall be open to inspection by the employee at all times. 168 (d) Records maintained for the purposes of any grievance 169 proceeding brought by an employee for enforcement of a 170 collective bargaining agreement or contract shall be 171 confidential and shall be open to inspection only by the 172 employee and by officials of the university conducting the 173 grievance proceeding until a final decision is made in the 174 proceeding. 175 Section 9. Subsection (4) of section 1013.171, Florida 176 Statutes, is amended to read: 177 1013.171 University lease agreements; land, facilities.— 178 (4) Agreements as provided in this section shall be entered 179 into with an offeror resulting from publicly announced 180 competitive bids or proposals, except that the university may 181 enter into an agreement with an entity enumerated in paragraph 182 (3)(a) for leasing land or with a direct-support organization as 183 provided in s. 1004.28, which shall enter into subsequent 184 agreements for financing and constructing the project after 185 receiving competitive bids or proposals. Any facility 186 constructed, lease-purchased, or purchased under such 187 agreements, whether erected on land under the jurisdiction of 188 the university or not, shall conform to the construction 189 standards and codes applicable to university facilities. Each 190 university board of trustees shall adopt such regulationsrules191 as are necessary to carry out its duties and responsibilities 192 imposed by this section. 193 Section 10. Subsection (10) of section 1007.27, Florida 194 Statutes, is repealed. 195 Section 11. Subsection (12) of section 1013.33, Florida 196 Statutes, is amended to read: 197 1013.33 Coordination of planning with local governing 198 bodies.— 199 (12) As early in the design phase as feasible and 200 consistent with an interlocal agreement entered pursuant to 201 subsections (2)-(8), but no later than 90 days before commencing 202 construction, the district school board shall in writing request 203 a determination of consistency with the local government’s 204 comprehensive plan. The local governing body that regulates the 205 use of land shall determine, in writing within 45 days after 206 receiving the necessary information and a school board’s request 207 for a determination, whether a proposed educational facility is 208 consistent with the local comprehensive plan and consistent with 209 local land development regulations. If the determination is 210 affirmative, school construction may commence and further local 211 government approvals are not required, except as provided in 212 this section. Failure of the local governing body to make a 213 determination in writing within 90 days after a district school 214 board’s request for a determination of consistency shall be 215 considered an approval of the district school board’s 216 application. Campus master plans and development agreements must 217 comply with the provisions of s.ss.1013.30and1013.63. 218 Section 12. Section 1013.63, Florida Statutes, is repealed. 219 Section 13. This act shall take effect July 1, 2011.