Bill Text: FL S7026 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Higher Education Finances

Spectrum: Committee Bill

Status: (Passed) 2023-05-18 - Chapter No. 2023-95 [S7026 Detail]

Download: Florida-2023-S7026-Comm_Sub.html

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       Florida Senate - 2023                             CS for SB 7026
       
       
        
       By the Committee on Appropriations; and the Appropriations
       Committee on Education
       
       
       
       
       576-03186-23                                          20237026c1
    1                        A bill to be entitled                      
    2         An act relating to higher education finances; amending
    3         s. 1001.706, F.S.; requiring the Board of Governors to
    4         develop regulations for university boards of trustees
    5         relating to contracting for the construction of new
    6         facilities or for work on existing facilities;
    7         providing requirements for certain contracts executed
    8         or amended before a specified date; amending s.
    9         1009.26, F.S.; authorizing a state university to waive
   10         the out-of-state fee for a student who is an
   11         intercollegiate athlete receiving a scholarship;
   12         amending ss. 1011.45 and 1013.841, F.S.; revising the
   13         list of authorized expenditures that may be included
   14         in a carry forward spending plan for state
   15         universities and Florida College System institutions,
   16         respectively; amending s. 1012.976, F.S.; revising
   17         definitions; defining the term “public funds”;
   18         revising a limitation on compensation for state
   19         university employees; amending s. 1013.45, F.S.;
   20         providing that certain educational facility
   21         contracting and construction techniques applicable to
   22         school districts also apply to Florida College System
   23         institutions; amending s. 1013.64, F.S.; deleting cost
   24         and size limitations applicable to minor facilities;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (a) of subsection (7) of section
   30  1001.706, Florida Statutes, is amended to read:
   31         1001.706 Powers and duties of the Board of Governors.—
   32         (7) POWERS AND DUTIES RELATING TO PROPERTY.—
   33         (a) The Board of Governors shall develop guidelines for
   34  university boards of trustees relating to the acquisition of
   35  real and personal property and the sale and disposal thereof and
   36  the approval and execution of contracts for the purchase, sale,
   37  lease, license, or acquisition of commodities, goods, equipment,
   38  contractual services, leases of real and personal property, and
   39  construction. The acquisition may include purchase by
   40  installment or lease-purchase. Such contracts may provide for
   41  payment of interest on the unpaid portion of the purchase price.
   42  Title to all real property acquired before prior to January 7,
   43  2003, and to all real property acquired with funds appropriated
   44  by the Legislature shall be vested in the Board of Trustees of
   45  the Internal Improvement Trust Fund and shall be transferred and
   46  conveyed by it.
   47         1. No later than October 1, 2023, the Board of Governors
   48  shall develop regulations for university boards of trustees
   49  relating to the procedures for contracting for professional
   50  services as defined in s. 287.055 and for the construction of
   51  new facilities or for the remodeling, renovation, or maintenance
   52  of or additions or repairs to existing facilities. The
   53  regulations must include, but are not limited to, competitive
   54  bids, design-build, and selection of a construction management
   55  entity. Contracts executed, extended, or amended on or before
   56  September 30, 2023, must comply with the requirements of s.
   57  287.055.
   58         2. Notwithstanding any other provisions of this subsection,
   59  each board of trustees shall comply with the provisions of s.
   60  287.055 for the procurement of professional services as defined
   61  therein. any acquisition pursuant to this paragraph is subject
   62  to the provisions of s. 1010.62.
   63         Section 2. Subsection (21) is added to section 1009.26,
   64  Florida Statutes, to read:
   65         1009.26 Fee waivers.—
   66         (21) A state university may waive the out-of-state fee for
   67  a student who is an intercollegiate athlete receiving an
   68  athletic scholarship.
   69         Section 3. Subsection (3) of section 1011.45, Florida
   70  Statutes, is amended to read:
   71         1011.45 End of year balance of funds.—Unexpended amounts in
   72  any fund in a university current year operating budget shall be
   73  carried forward and included as the balance forward for that
   74  fund in the approved operating budget for the following year.
   75         (3) A university’s carry forward spending plan must shall
   76  include the estimated cost per planned expenditure and a
   77  timeline for completion of the expenditure. Authorized
   78  expenditures in a carry forward spending plan may include:
   79         (a) Commitment of funds to a public education capital
   80  outlay project for which an appropriation has previously been
   81  provided that requires additional funds for completion and which
   82  is included in the list required by s. 1001.706(12)(d);
   83         (b) Completion of a renovation, repair, or maintenance
   84  project that is consistent with the provisions of s. 1013.64(1),
   85  up to $5 million per project and or replacement of a minor
   86  facility that does not exceed 10,000 gross square feet in size
   87  up to $2 million;
   88         (c) Completion of a remodeling or infrastructure project,
   89  including a project for a developmental research school, up to
   90  $10 million per project, if such project is survey recommended
   91  pursuant to s. 1013.31;
   92         (d) Completion of a repair or replacement project necessary
   93  due to damage caused by a natural disaster for buildings
   94  included in the inventory required pursuant to s. 1013.31;
   95         (e) Operating expenditures that support the university’s
   96  university mission and that are nonrecurring;
   97         (f) Any purpose specified by the board or in the General
   98  Appropriations Act, including the requirements in s.
   99  1001.706(12)(c) or similar requirements pursuant to Board of
  100  Governors regulations; and
  101         (g) A commitment of funds to a contingency reserve for
  102  expenses incurred as a result of a state of emergency declared
  103  by the Governor pursuant to s. 252.36.
  104         Section 4. Subsection (4) of section 1013.841, Florida
  105  Statutes, is amended to read:
  106         1013.841 End of year balance of Florida College System
  107  institution funds.—
  108         (4) A Florida College System institution identified in
  109  paragraph (3)(b) must include in its carry forward spending plan
  110  the estimated cost per planned expenditure and a timeline for
  111  completion of the expenditure. Authorized expenditures in a
  112  carry forward spending plan may include:
  113         (a) Commitment of funds to a public education capital
  114  outlay project for which an appropriation was previously
  115  provided, which requires additional funds for completion, and
  116  which is included in the list required by s. 1001.03(18)(d);
  117         (b) Completion of a renovation, repair, or maintenance
  118  project that is consistent with the provisions of s. 1013.64(1)
  119  or replacement of a minor facility, up to $5 million per
  120  project;
  121         (c) Completion of a remodeling or infrastructure project,
  122  up to $10 million per project, if such project is survey
  123  recommended pursuant to s. 1013.31;
  124         (d) Completion of a repair or replacement project necessary
  125  due to damage caused by a natural disaster for buildings
  126  included in the inventory required pursuant to s. 1013.31;
  127         (e) Operating expenditures that support the Florida College
  128  System institution’s mission which are nonrecurring;
  129         (f) Any purpose approved by the state board or specified in
  130  the General Appropriations Act; and
  131         (g) A commitment of funds to a contingency reserve for
  132  expenses incurred as a result of a state of emergency declared
  133  by the Governor pursuant to s. 252.36.
  134         Section 5. Section 1012.976, Florida Statutes, is amended
  135  to read:
  136         1012.976 Remuneration of state university employees;
  137  limitations.—
  138         (1) DEFINITIONS.—As used in this section, the term:
  139         (a) “Appropriated state funds” means funds appropriated
  140  from the General Revenue Fund or funds appropriated from state
  141  trust funds.
  142         (b) “Cash-equivalent compensation” means any benefit that
  143  may be assigned an equivalent cash value.
  144         (b) “Public funds” means funds appropriated from the
  145  General Revenue Fund, funds appropriated from state trust funds,
  146  or tuition and fees.
  147         (c) “Remuneration” means salary, bonuses, and cash
  148  equivalent compensation paid to a state university employee by
  149  his or her employer for work performed, excluding health
  150  insurance benefits and retirement benefits.
  151         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
  152  law, resolution, or rule to the contrary, a state university
  153  employee may not receive more than $250,000 $200,000 in
  154  remuneration annually from public appropriated state funds. Only
  155  compensation, as such term is defined in s. 121.021(22),
  156  provided to a state university employee may be used in
  157  calculating benefits under chapter 121.
  158         (3) EXCEPTIONS.—This section does not prohibit any party
  159  from providing cash or cash-equivalent compensation from funds
  160  that are not public appropriated state funds to a state
  161  university employee in excess of the limit in subsection (2). If
  162  a party is unable or unwilling to fulfill an obligation to
  163  provide cash or cash-equivalent compensation to a state
  164  university employee as permitted under this subsection, public
  165  appropriated state funds may not be used to fulfill such
  166  obligation. This section does not apply to university teaching
  167  faculty in instructional programs classified as Computer
  168  Information Sciences and Support Services; Engineering;
  169  Engineering Technologies and Engineering-Related Fields; Florida
  170  Mental Health Institute; Health Professions and Related
  171  Programs; Homeland Security, Law Enforcement, Firefighting, and
  172  Related Fields; Mathematics; Nursing; or Physical Sciences; or
  173  to medical school faculty or staff.
  174         Section 6. Section 1013.45, Florida Statutes, is amended to
  175  read:
  176         1013.45 Educational facilities contracting and construction
  177  techniques for school districts and Florida College System
  178  institutions.—
  179         (1) District school boards and boards of trustees of
  180  Florida College System institutions may employ procedures to
  181  contract for construction of new facilities, or for additions,
  182  remodeling, renovation, maintenance, or repairs to existing
  183  facilities, which that will include, but are not be limited to:
  184         (a) Competitive bids.
  185         (b) Design-build pursuant to s. 287.055.
  186         (c) Selecting a construction management entity, pursuant to
  187  s. 255.103 or the process provided by s. 287.055, that would be
  188  responsible for all scheduling and coordination in both design
  189  and construction phases and is generally responsible for the
  190  successful, timely, and economical completion of the
  191  construction project. The construction management entity must
  192  consist of or contract with licensed or registered professionals
  193  for the specific fields or areas of construction to be
  194  performed, as required by law. At the option of the board, the
  195  construction management entity, after having been selected, may
  196  be required to offer a guaranteed maximum price or a guaranteed
  197  completion date; in which case, the construction management
  198  entity must secure an appropriate surety bond pursuant to s.
  199  255.05 and must hold construction subcontracts. The criteria for
  200  selecting a construction management entity may shall not
  201  unfairly penalize an entity that has relevant experience in the
  202  delivery of construction projects of similar size and complexity
  203  by methods of delivery other than construction management.
  204         (d) Selecting a program management entity, pursuant to s.
  205  255.103 or the process provided by s. 287.055, that would act as
  206  the agent of the board and would be responsible for schedule
  207  control, cost control, and coordination in providing or
  208  procuring planning, design, and construction services. The
  209  program management entity must consist of or contract with
  210  licensed or registered professionals for the specific areas of
  211  design or construction to be performed as required by law. The
  212  program management entity may retain necessary design
  213  professionals selected under the process provided in s. 287.055.
  214  At the option of the board, the program management entity, after
  215  having been selected, may be required to offer a guaranteed
  216  maximum price or a guaranteed completion date, in which case the
  217  program management entity must secure an appropriate surety bond
  218  pursuant to s. 255.05 and must hold design and construction
  219  subcontracts. The criteria for selecting a program management
  220  entity may shall not unfairly penalize an entity that has
  221  relevant experience in the delivery of construction programs of
  222  similar size and complexity by methods of delivery other than
  223  program management.
  224         (e) Day-labor contracts not exceeding $280,000 for
  225  construction, renovation, remodeling, or maintenance of existing
  226  facilities. This amount shall be adjusted annually based upon
  227  changes in the Consumer Price Index.
  228         (2) For the purposes of this section, “day-labor contract”
  229  means a project constructed using persons employed directly by a
  230  board or by contracted labor.
  231         (3) Contractors, design-build firms, contract management
  232  entities, program management entities, or any other person under
  233  contract to construct facilities or major additions to
  234  facilities may use any construction techniques allowed by
  235  contract and not prohibited by law, including, but not limited
  236  to, those techniques known as fast-track construction
  237  scheduling, use of components, and systems building process.
  238         (4) Except as otherwise provided in this section and s.
  239  481.229, the services of a registered architect must be used for
  240  the development of plans for the erection, enlargement, or
  241  alteration of any educational facility. The services of a
  242  registered architect are not required for a minor renovation
  243  project for which the construction cost is less than $50,000 or
  244  for the placement or hookup of relocatable educational
  245  facilities that conform to with standards adopted under s.
  246  1013.37. However, boards must provide compliance with building
  247  code requirements and ensure that these structures are
  248  adequately anchored for wind resistance as required by law. A
  249  district school board shall reuse existing construction
  250  documents or design criteria packages if such reuse is feasible
  251  and practical. If a school district’s 5-year educational
  252  facilities work plan includes the construction of two or more
  253  new schools for students in the same grade group and program,
  254  such as elementary, middle, or high school, the district school
  255  board must shall require that prototype design and construction
  256  be used for the construction of these schools. Notwithstanding
  257  s. 287.055, a board may purchase the architectural services for
  258  the design of educational or ancillary facilities under an
  259  existing contract agreement for professional services held by a
  260  district school board in the State of Florida, provided that the
  261  purchase is to the economic advantage of the purchasing board,
  262  the services conform to the standards prescribed by rules of the
  263  State Board of Education, and such reuse is not without notice
  264  to, and permission from, the architect of record whose plans or
  265  design criteria are being reused. Plans must shall be reviewed
  266  for compliance with the State Requirements for Educational
  267  Facilities. Rules adopted under this section must establish
  268  uniform prequalification, selection, bidding, and negotiation
  269  procedures applicable to construction management contracts and
  270  the design-build process. This section does not supersede any
  271  small, woman-owned, or minority-owned business enterprise
  272  preference program adopted by a board. Except as otherwise
  273  provided in this section, the negotiation procedures applicable
  274  to construction management contracts and the design-build
  275  process must conform to the requirements of s. 287.055. A board
  276  may not modify any rules regarding construction management
  277  contracts or the design-build process.
  278         Section 7. Paragraph (h) of subsection (1) of section
  279  1013.64, Florida Statutes, is amended to read:
  280         1013.64 Funds for comprehensive educational plant needs;
  281  construction cost maximums for school district capital
  282  projects.—Allocations from the Public Education Capital Outlay
  283  and Debt Service Trust Fund to the various boards for capital
  284  outlay projects shall be determined as follows:
  285         (1)
  286         (h) University boards of trustees may utilize funds
  287  appropriated pursuant to this section for replacement of minor
  288  facilities provided that such projects do not exceed $1 million
  289  in cost or 10,000 gross square feet in size. Minor facilities
  290  may not be replaced from funds provided pursuant to this section
  291  unless the board determines that the cost of repair or
  292  renovation is greater than or equal to the cost of replacement.
  293         Section 8. This act shall take effect July 1, 2023.