Bill Text: FL S1994 | 2012 | Regular Session | Enrolled
Bill Title: Postsecondary Education
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1994 Detail]
Download: Florida-2012-S1994-Enrolled.html
ENROLLED 2012 Legislature SB 1994, 2nd Engrossed 20121994er 1 2 An act relating to postsecondary education; amending 3 s. 1004.345, F.S.; deleting provisions creating the 4 University of South Florida Polytechnic; requiring 5 that the Florida Polytechnic University meet certain 6 criteria established by the Board of Governors by a 7 specified date; requiring that the Board of Trustees 8 of the Florida Polytechnic University notify the Board 9 of Governors when such criteria are met; requiring 10 that students enrolled at the University of South 11 Florida Polytechnic be afforded the opportunity to 12 complete their degrees at the University of South 13 Florida; transferring all real and personal property, 14 licenses and associated revenues, existing contracts, 15 unexpended balances, appropriations, allocations, 16 funds, and mutually agreed-upon obligations, 17 responsibilities, and liabilities from the University 18 of South Florida which relate to the University of 19 South Florida Polytechnic campus, as determined by the 20 Board of Trustees of the University of South Florida 21 and the Board of Trustees of the Florida Polytechnic 22 University, to the Florida Polytechnic University; 23 transferring all Florida Industrial and Phosphate 24 Research Institute programs, functions, offices, 25 records, faculty positions, and staff positions from 26 the University of South Florida Polytechnic to the 27 Florida Polytechnic University; transferring all 28 programs, functions, offices, records, and faculty and 29 staff positions from the University of South Florida 30 Polytechnic to the University of South Florida when 31 certain transfers are complete; authorizing the Board 32 of Trustees of the Florida Polytechnic University to 33 certify a direct-support organization to serve the 34 Florida Polytechnic University; requiring that the 35 Board of Trustees of the University of South Florida 36 and the University of South Florida Foundation develop 37 and implement a plan to transfer the assets derived 38 from donations that were intended for the University 39 of South Florida Polytechnic campus after obtaining 40 consent from the appropriate donors; providing that 41 memoranda of understanding between the University of 42 South Florida and the University of South Florida 43 Polytechnic are invalid upon the act becoming a law; 44 requiring that the University of South Florida obtain 45 consents required by the Federal Communications 46 Commission and third parties, and approval by the 47 Federal Communications Commission, before assigning 48 the educational broadband service station license to 49 the Florida Polytechnic University; requiring that the 50 Florida Polytechnic University retain, not subject to 51 lease or other expense, the space occupied by the 52 University of South Florida Polytechnic campus in the 53 Lakeland joint-use facility; authorizing the 54 University of South Florida to use space pursuant to a 55 mutual agreement under certain circumstances; 56 requiring the transfer of space at the Lakeland joint 57 use facility to Polk State College when the Florida 58 Polytechnic University no longer needs the space; 59 requiring that the University of Florida be available 60 in an advisory or consulting capacity to assist the 61 Florida Polytechnic University; providing that the 62 Board of Trustees of the University of South Florida 63 and the Board of Trustees of the Florida Polytechnic 64 University and their respective officers, trustees, 65 employees, attorneys, and agents are immune from civil 66 liability; amending s. 1001.21, F.S.; revising the 67 definition of “state university” to include the 68 Florida Polytechnic University; amending s. 1004.346, 69 F.S.; revising provisions relating to the Florida 70 Industrial and Phosphate Research Institute, to 71 conform to changes made by the act; amending s. 72 1004.387, F.S.; providing for a doctor of pharmacy 73 degree program at the University of South Florida; 74 deleting provisions that authorize the development and 75 implementation of the program on the campus of the 76 University of South Florida Polytechnic; amending s. 77 1013.74, F.S.; authorizing a university board of 78 trustees to expend certain reserve or carry forward 79 balances from prior years for capital outlay projects 80 for a new campus for specified fiscal years; providing 81 appropriations; providing an effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1. Section 1004.345, Florida Statutes, is amended 86 to read: 87 (Substantial rewording of section. See 88 s. 1004.345, F.S., for present text.) 89 1004.345 The Florida Polytechnic University.— 90 (1) By December 31, 2016, the Florida Polytechnic 91 University shall meet the following criteria as established by 92 the Board of Governors: 93 (a) Achieve accreditation from the Commission on Colleges 94 of the Southern Association of Colleges and Schools; 95 (b) Initiate the development of the new programs in the 96 fields of science, technology, engineering, and mathematics; 97 (c) Seek discipline-specific accreditation for programs; 98 (d) Attain a minimum FTE of 1,244, with a minimum 50 99 percent of that FTE in the fields of science, technology, 100 engineering, and mathematics and 20 percent in programs related 101 to those fields; 102 (e) Complete facilities and infrastructure, including the 103 Science and Technology Building, Phase I of the Wellness Center, 104 and a residence hall or halls containing no fewer than 190 beds; 105 and 106 (f) Have the ability to provide, either directly or where 107 feasible through a shared services model, administration of 108 financial aid, admissions, student support, information 109 technology, and finance and accounting with an internal audit 110 function. 111 (2) Once the criteria in subsection (1) have been met, the 112 Board of Trustees of the Florida Polytechnic University shall 113 notify the Board of Governors, and the Board of Governors shall 114 conduct a final review to confirm that the criteria have been 115 met. 116 (3) Students enrolled at the University of South Florida 117 Polytechnic shall be afforded the opportunity to complete their 118 degrees at the University of South Florida, subject to 119 university criteria. 120 Section 2. The following transfers shall be made: 121 (1) All real and personal property, licenses and associated 122 revenues, existing contracts, unexpended balances, 123 appropriations, allocations, funds, and mutually agreed-upon 124 obligations, responsibilities, and liabilities of the University 125 of South Florida which relate to the University of South Florida 126 Polytechnic campus, as determined by the Board of Trustees of 127 the University of South Florida and the Board of Trustees of the 128 Florida Polytechnic University, shall be transferred to the 129 Florida Polytechnic University. 130 (2) All Florida Industrial and Phosphate Research Institute 131 programs, functions, offices, records, faculty positions, and 132 staff positions of the University of South Florida Polytechnic 133 shall be transferred to the Florida Polytechnic University. 134 (3) After the transfers required in subsections (1) and (2) 135 are complete, all programs, functions, offices, records, faculty 136 positions, and staff positions of the University of South 137 Florida Polytechnic shall be transferred to the University of 138 South Florida. 139 Section 3. In accordance with s. 1004.28, Florida Statutes, 140 and the regulations of the Board of Governors, the Board of 141 Trustees of the Florida Polytechnic University may certify a 142 direct-support organization to serve the Florida Polytechnic 143 University. The Board of Trustees of the University of South 144 Florida, in conjunction with the University of South Florida 145 Foundation, shall develop and implement a plan to transfer, 146 after obtaining consent from the appropriate donors, assets 147 derived from donations intended for the enhancement of the 148 University of South Florida Polytechnic campus to the new 149 direct-support organization serving the Florida Polytechnic 150 University. 151 Section 4. All memoranda of understanding between the 152 University of South Florida and the University of South Florida 153 Polytechnic and its successors shall be invalid upon this act 154 becoming a law. 155 Section 5. The University of South Florida shall take 156 appropriate action, in collaboration with the Florida 157 Polytechnic University, to obtain all consents required by the 158 Federal Communications Commission and third parties before 159 assigning the educational broadband service station license that 160 has a Federal Communications Commission-issued reference point 161 in Polk County, Florida, to the Florida Polytechnic University. 162 Upon obtaining such consents, and upon the approval of the 163 Federal Communications Commission, the University of South 164 Florida shall assign the license, along with the excess capacity 165 lease agreement for the license, to the Florida Polytechnic 166 University, which shall assume the benefits, obligations, and 167 liabilities as the successor in interest, including all 168 regulatory and contractual responsibilities. This section is 169 contingent upon the approval of the assignment of the lease by 170 the Federal Communications Commission. 171 Section 6. The Florida Polytechnic University shall retain, 172 not subject to lease or other expense, the space occupied by the 173 University of South Florida Polytechnic campus in the Lakeland 174 joint-use facility and the associated facility utilization 175 rights and obligations and shall allow the University of South 176 Florida to use space pursuant to a mutual agreement specifying 177 the space to be used for the purpose of continuing the local 178 education of students who are enrolled at, or already admitted 179 to, the University of South Florida Polytechnic before the 180 effective date of this act and who wish to remain students at 181 the University of South Florida. Such students shall be afforded 182 the opportunity to complete their degrees at the University of 183 South Florida, subject to university criteria. The mutual 184 facility utilization agreement shall be adjusted annually to 185 reflect the space needs of the University of South Florida for 186 the purpose of continuing the local education of eligible 187 students. The Florida Polytechnic University shall transfer 188 space at the Lakeland joint-use facility to Polk State College 189 as new space becomes available on the new campus of the Florida 190 Polytechnic University. Once the Florida Polytechnic University 191 has no further need for the space at the Lakeland joint-use 192 facility, the Florida Polytechnic University shall complete the 193 transfer of all remaining property and buildings of the joint 194 use facility to Polk State College. This section does not 195 prevent the University of South Florida, the Florida Polytechnic 196 University, or Polk State College from entering into mutual 197 agreements to share or use space in the Lakeland joint-use 198 facility. 199 Section 7. The University of Florida, using its expertise 200 in the disciplines of science, technology, engineering, and 201 mathematics, shall be available in an advisory or consulting 202 capacity to assist the president and the Board of Trustees of 203 the Florida Polytechnic University in hiring, accreditation, 204 administration, and other areas. 205 Section 8. The Board of Trustees of the University of South 206 Florida and the Board of Trustees of the Florida Polytechnic 207 University, and the their respective officers, trustees, 208 employees, attorneys, and agents, are immune from any and all 209 civil liability pertaining to or arising from compliance with 210 this act, including the transfers required in this act. 211 Section 9. Paragraph (l) is added to subsection (6) of 212 section 1000.21, Florida Statutes, to read: 213 1000.21 Systemwide definitions.—As used in the Florida K-20 214 Education Code: 215 (6) “State university,” except as otherwise specifically 216 provided, includes the following institutions and any branch 217 campuses, centers, or other affiliates of the institution: 218 (l) The Florida Polytechnic University. 219 Section 10. Subsection (1), paragraph (b) of subsection 220 (2), and subsection (3) of section 1004.346, Florida Statutes, 221 are amended to read: 222 1004.346 Florida Industrial and Phosphate Research 223 Institute.— 224 (1) INSTITUTE CREATION.—The Florida Industrial and 225 Phosphate Research Institute is established within the Florida 226 Polytechnic UniversityUniversity of South Florida Polytechnic. 227 (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate 228 Research and Activities Board is created to monitor the 229 expenditure of funds appropriated to the university from the 230 Phosphate Research Trust Fund. 231 (b) The board shall consist of five members. The Governor 232 shall appoint two persons representing the phosphate mining or 233 processing industry and one member representing a major 234 environmental conservation group in the state. The Secretary of 235 Environmental Protection or his or her designee and the 236 presidentCampus Executive Officerof the Florida Polytechnic 237 UniversityUniversity of South Florida Polytechnicshall also 238 serve as board members. 239 (3) INSTITUTE EXECUTIVE DIRECTOR.—An executive director 240 shall be designated by and serve at the pleasure of the 241 presidentCampus Executive Officerof the Florida Polytechnic 242 UniversityUniversity of South Florida Polytechnicor his or her 243 designee. The executive director shall be responsible for the 244 daily administration of the institute, including the expenditure 245 of funds from all sources. The executive director shall consult 246 with the Phosphate Research and Activities Board on the projects 247 that the institute expects to undertake using moneys 248 appropriated from the Phosphate Research Trust Fund. 249 Section 11. Section 1004.387, Florida Statutes, is amended 250 to read: 251 1004.387 Doctor of pharmacy degree program at the 252 University of South Florida.—A doctor of pharmacy degree program 253 is authorized at the University of South Florida. The program 254 shall be physically located on thenewcampus of the University 255 of South FloridaPolytechnic.The university is authorized to256develop and implement the program within existing facilities257only until the construction of a pharmacy facility on the new258campus of the University of South Florida Polytechnic is259completed, which shall house the doctor of pharmacy degree260program.261 Section 12. Subsection (6) is added to section 1013.74, 262 Florida Statutes, to read: 263 1013.74 University authorization for fixed capital outlay 264 projects.— 265 (6) For the 2011-2012 through 2022-2023 fiscal years, a 266 university board of trustees may expend reserve or carry forward 267 balances from prior year operational and programmatic 268 appropriations for legislatively approved fixed capital outlay 269 projects authorized for the establishment of a new campus. 270 Section 13. The sum of $6 million is appropriated to the 271 Medical Center at the University of South Florida from recurring 272 general revenue for the 2012-2013 fiscal year for the purpose of 273 funding the University of South Florida’s College of Pharmacy. 274 Section 14. The sum of $10 million is appropriated to the 275 University of South Florida from recurring general revenue for 276 the 2012-2013 fiscal year in Education and General Activities 277 for the purpose of allowing students enrolled in the University 278 of South Florida Polytechnic to complete their degrees at the 279 University of South Florida. The appropriation of such funds is 280 contingent upon the University of South Florida meeting the 281 transfer requirements contained in this act and maintaining full 282 campus and program operations, including the retention of 283 current faculty and staff, except for employee terminations for 284 cause, for the University of South Florida Polytechnic until 285 June 30, 2012. The Executive Office of the Governor shall place 286 such funds in reserve if it determines that the contingency has 287 not been met. 288 Section 15. This act shall take effect upon becoming a law.