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.