Bill Text: FL S7026 | 2023 | Regular Session | Engrossed

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-Engrossed.html

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       CS for SB 7026                                   First Engrossed
       
       
       
       
       
       
       
       
       20237026e1
       
    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.; providing that certain fee waivers
   10         apply to Florida College System institutions in
   11         addition to state universities; authorizing a state
   12         university or Florida College System institution to
   13         waive the out-of-state fee for a student who is an
   14         intercollegiate athlete receiving a scholarship;
   15         amending s. 1011.45, F.S.; revising the list of
   16         authorized expenditures that may be included in a
   17         carry forward spending plan for state universities;
   18         amending s. 1012.886, F.S.; revising the amount a
   19         Florida College System administrative employee may
   20         receive in remuneration; amending s. 1012.978, F.S.;
   21         requiring university boards of trustees to submit an
   22         annual report to the Board of Governors when awarding
   23         bonuses; specifying a limit on the use of state funds
   24         in a bonus that may be awarded; requiring the board to
   25         develop a regulation; amending s. 1013.841, F.S.;
   26         revising the list of authorized expenditures that may
   27         be included in a carry forward spending plan for
   28         Florida College System institutions; amending s.
   29         1012.976, F.S.; revising definitions; defining the
   30         term “public funds”; revising a limitation on
   31         compensation for state university employees; amending
   32         s. 1013.45, F.S.; providing that certain educational
   33         facility contracting and construction techniques
   34         applicable to school districts also apply to Florida
   35         College System institutions; amending s. 1013.64,
   36         F.S.; deleting cost and size limitations applicable to
   37         minor facilities; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Paragraph (a) of subsection (7) of section
   42  1001.706, Florida Statutes, is amended to read:
   43         1001.706 Powers and duties of the Board of Governors.—
   44         (7) POWERS AND DUTIES RELATING TO PROPERTY.—
   45         (a) The Board of Governors shall develop guidelines for
   46  university boards of trustees relating to the acquisition of
   47  real and personal property and the sale and disposal thereof and
   48  the approval and execution of contracts for the purchase, sale,
   49  lease, license, or acquisition of commodities, goods, equipment,
   50  contractual services, leases of real and personal property, and
   51  construction. The acquisition may include purchase by
   52  installment or lease-purchase. Such contracts may provide for
   53  payment of interest on the unpaid portion of the purchase price.
   54  Title to all real property acquired before prior to January 7,
   55  2003, and to all real property acquired with funds appropriated
   56  by the Legislature shall be vested in the Board of Trustees of
   57  the Internal Improvement Trust Fund and shall be transferred and
   58  conveyed by it.
   59         1. No later than October 1, 2023, the Board of Governors
   60  shall develop regulations for university boards of trustees
   61  relating to the procedures for contracting for professional
   62  services as defined in s. 287.055 and for the construction of
   63  new facilities or for the remodeling, renovation, or maintenance
   64  of or additions or repairs to existing facilities. The
   65  regulations must include, but are not limited to, competitive
   66  bids, design-build, and selection of a construction management
   67  entity. Contracts executed, extended, or amended on or before
   68  September 30, 2023, must comply with the requirements of s.
   69  287.055.
   70         2. Notwithstanding any other provisions of this subsection,
   71  each board of trustees shall comply with the provisions of s.
   72  287.055 for the procurement of professional services as defined
   73  therein. any acquisition pursuant to this paragraph is subject
   74  to the provisions of s. 1010.62.
   75         Section 2. Subsections (2) and (4) of section 1009.26,
   76  Florida Statutes, are amended, and subsection (21) is added to
   77  that section, to read:
   78         1009.26 Fee waivers.—
   79         (2) A state university or Florida College System
   80  institution may waive any or all application, tuition, or and
   81  related fees for persons who supervise student interns for a
   82  state university.
   83         (4) A state university or Florida College System
   84  institution may waive any or all application, tuition, or and
   85  related fees for persons 60 years of age or older who are
   86  residents of this state and who attend classes for credit. No
   87  Academic credit may not shall be awarded for attendance in
   88  classes for which fees are waived under this subsection. This
   89  privilege may be granted only on a space-available basis, if
   90  such classes are not filled as of the close of registration. A
   91  university may limit or deny the privilege for courses that
   92  which are in programs for which the Board of Governors has
   93  established selective admissions criteria. Persons paying full
   94  fees and state employees taking courses on a space-available
   95  basis shall have priority over those persons whose fees are
   96  waived in all cases where classroom spaces are limited.
   97         (21) A state university or Florida College System
   98  institution may waive the out-of-state fee for a student who is
   99  an intercollegiate athlete receiving an athletic scholarship.
  100         Section 3. Subsection (3) of section 1011.45, Florida
  101  Statutes, is amended to read:
  102         1011.45 End of year balance of funds.—Unexpended amounts in
  103  any fund in a university current year operating budget shall be
  104  carried forward and included as the balance forward for that
  105  fund in the approved operating budget for the following year.
  106         (3) A university’s carry forward spending plan must shall
  107  include the estimated cost per planned expenditure and a
  108  timeline for completion of the expenditure. Authorized
  109  expenditures in a carry forward spending plan may include:
  110         (a) Commitment of funds to a public education capital
  111  outlay project for which an appropriation has previously been
  112  provided that requires additional funds for completion and which
  113  is included in the list required by s. 1001.706(12)(d);
  114         (b) Completion of a renovation, repair, or maintenance
  115  project that is consistent with the provisions of s. 1013.64(1)
  116  or, up to $5 million per project and replacement of a minor
  117  facility that does not exceed 10,000 gross square feet in size
  118  up to $2 million;
  119         (c) Completion of a remodeling or infrastructure project,
  120  including a project for a developmental research school, up to
  121  $10 million per project, if such project is survey recommended
  122  pursuant to s. 1013.31;
  123         (d) Completion of a repair or replacement project necessary
  124  due to damage caused by a natural disaster for buildings
  125  included in the inventory required pursuant to s. 1013.31;
  126         (e) Operating expenditures that support the university’s
  127  university mission and that are nonrecurring;
  128         (f) Any purpose specified by the board or in the General
  129  Appropriations Act, including the requirements in s.
  130  1001.706(12)(c) or similar requirements pursuant to Board of
  131  Governors regulations; and
  132         (g) A commitment of funds to a contingency reserve for
  133  expenses incurred as a result of a state of emergency declared
  134  by the Governor pursuant to s. 252.36.
  135         Section 4. Subsection (2) of section 1012.886, Florida
  136  Statutes, is amended to read:
  137         1012.886 Remuneration of Florida College System institution
  138  administrative employees; limitations.—
  139         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
  140  law, resolution, or rule to the contrary, a Florida College
  141  System institution administrative employee may not receive more
  142  than $250,000 $200,000 in remuneration annually from
  143  appropriated state funds. Only compensation, as such term is
  144  defined in s. 121.021(22), provided to a Florida College System
  145  institution administrative employee may be used in calculating
  146  benefits under chapter 121.
  147         Section 5. Section 1012.978, Florida Statutes, is amended
  148  to read:
  149         1012.978 Bonuses for state university system employees.
  150  Notwithstanding s. 215.425(3), a university board of trustees
  151  may implement a bonus scheme based on awards for work
  152  performance or employee recruitment and retention. The board of
  153  trustees must submit an annual report to the Board of Governors
  154  when awarding bonuses the bonus scheme, including the evaluation
  155  criteria by which a bonus will be awarded. The use of state
  156  funds for the award of a bonus may not exceed 5 percent of the
  157  employee’s salary. The Board of Governors shall develop a
  158  regulation to ensure consistency in the implementation of this
  159  section must approve any bonus scheme created under this section
  160  before its implementation.
  161         Section 6. Subsection (4) of section 1013.841, Florida
  162  Statutes, is amended to read:
  163         1013.841 End of year balance of Florida College System
  164  institution funds.—
  165         (4) A Florida College System institution identified in
  166  paragraph (3)(b) must include in its carry forward spending plan
  167  the estimated cost per planned expenditure and a timeline for
  168  completion of the expenditure. Authorized expenditures in a
  169  carry forward spending plan may include:
  170         (a) Commitment of funds to a public education capital
  171  outlay project for which an appropriation was previously
  172  provided, which requires additional funds for completion, and
  173  which is included in the list required by s. 1001.03(18)(d);
  174         (b) Completion of a renovation, repair, or maintenance
  175  project that is consistent with the provisions of s. 1013.64(1)
  176  or replacement of a minor facility, up to $5 million per
  177  project;
  178         (c) Completion of a remodeling or infrastructure project,
  179  up to $10 million per project, if such project is survey
  180  recommended pursuant to s. 1013.31;
  181         (d) Completion of a repair or replacement project necessary
  182  due to damage caused by a natural disaster for buildings
  183  included in the inventory required pursuant to s. 1013.31;
  184         (e) Operating expenditures that support the Florida College
  185  System institution’s mission which are nonrecurring;
  186         (f) Any purpose approved by the state board or specified in
  187  the General Appropriations Act; and
  188         (g) A commitment of funds to a contingency reserve for
  189  expenses incurred as a result of a state of emergency declared
  190  by the Governor pursuant to s. 252.36.
  191         Section 7. Section 1012.976, Florida Statutes, is amended
  192  to read:
  193         1012.976 Remuneration of state university employees;
  194  limitations.—
  195         (1) DEFINITIONS.—As used in this section, the term:
  196         (a) “Appropriated state funds” means funds appropriated
  197  from the General Revenue Fund or funds appropriated from state
  198  trust funds.
  199         (b) “Cash-equivalent compensation” means any benefit that
  200  may be assigned an equivalent cash value.
  201         (b) “Public funds” means funds appropriated from the
  202  General Revenue Fund, funds appropriated from state trust funds,
  203  or tuition and fees.
  204         (c) “Remuneration” means salary, bonuses, and cash
  205  equivalent compensation paid to a state university employee by
  206  his or her employer for work performed, excluding health
  207  insurance benefits and retirement benefits.
  208         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
  209  law, resolution, or rule to the contrary, a state university
  210  employee may not receive more than $250,000 $200,000 in
  211  remuneration annually from public appropriated state funds. Only
  212  compensation, as such term is defined in s. 121.021(22),
  213  provided to a state university employee may be used in
  214  calculating benefits under chapter 121.
  215         (3) EXCEPTIONS.—This section does not prohibit any party
  216  from providing cash or cash-equivalent compensation from funds
  217  that are not public appropriated state funds to a state
  218  university employee in excess of the limit in subsection (2). If
  219  a party is unable or unwilling to fulfill an obligation to
  220  provide cash or cash-equivalent compensation to a state
  221  university employee as permitted under this subsection, public
  222  appropriated state funds may not be used to fulfill such
  223  obligation. This section does not apply to university teaching
  224  faculty in instructional programs classified as Computer
  225  Information Sciences and Support Services; Engineering;
  226  Engineering Technologies and Engineering-Related Fields; Florida
  227  Mental Health Institute; Health Professions and Related
  228  Programs; Homeland Security, Law Enforcement, Firefighting, and
  229  Related Fields; Mathematics; Nursing; or Physical Sciences; or
  230  to medical school faculty or staff.
  231         Section 8. Section 1013.45, Florida Statutes, is amended to
  232  read:
  233         1013.45 Educational facilities contracting and construction
  234  techniques for school districts and Florida College System
  235  institutions.—
  236         (1) District school boards and boards of trustees of
  237  Florida College System institutions may employ procedures to
  238  contract for construction of new facilities, or for additions,
  239  remodeling, renovation, maintenance, or repairs to existing
  240  facilities, which that will include, but are not be limited to:
  241         (a) Competitive bids.
  242         (b) Design-build pursuant to s. 287.055.
  243         (c) Selecting a construction management entity, pursuant to
  244  s. 255.103 or the process provided by s. 287.055, that would be
  245  responsible for all scheduling and coordination in both design
  246  and construction phases and is generally responsible for the
  247  successful, timely, and economical completion of the
  248  construction project. The construction management entity must
  249  consist of or contract with licensed or registered professionals
  250  for the specific fields or areas of construction to be
  251  performed, as required by law. At the option of the board, the
  252  construction management entity, after having been selected, may
  253  be required to offer a guaranteed maximum price or a guaranteed
  254  completion date; in which case, the construction management
  255  entity must secure an appropriate surety bond pursuant to s.
  256  255.05 and must hold construction subcontracts. The criteria for
  257  selecting a construction management entity may shall not
  258  unfairly penalize an entity that has relevant experience in the
  259  delivery of construction projects of similar size and complexity
  260  by methods of delivery other than construction management.
  261         (d) Selecting a program management entity, pursuant to s.
  262  255.103 or the process provided by s. 287.055, that would act as
  263  the agent of the board and would be responsible for schedule
  264  control, cost control, and coordination in providing or
  265  procuring planning, design, and construction services. The
  266  program management entity must consist of or contract with
  267  licensed or registered professionals for the specific areas of
  268  design or construction to be performed as required by law. The
  269  program management entity may retain necessary design
  270  professionals selected under the process provided in s. 287.055.
  271  At the option of the board, the program management entity, after
  272  having been selected, may be required to offer a guaranteed
  273  maximum price or a guaranteed completion date, in which case the
  274  program management entity must secure an appropriate surety bond
  275  pursuant to s. 255.05 and must hold design and construction
  276  subcontracts. The criteria for selecting a program management
  277  entity may shall not unfairly penalize an entity that has
  278  relevant experience in the delivery of construction programs of
  279  similar size and complexity by methods of delivery other than
  280  program management.
  281         (e) Day-labor contracts not exceeding $280,000 for
  282  construction, renovation, remodeling, or maintenance of existing
  283  facilities. This amount shall be adjusted annually based upon
  284  changes in the Consumer Price Index.
  285         (2) For the purposes of this section, “day-labor contract”
  286  means a project constructed using persons employed directly by a
  287  board or by contracted labor.
  288         (3) Contractors, design-build firms, contract management
  289  entities, program management entities, or any other person under
  290  contract to construct facilities or major additions to
  291  facilities may use any construction techniques allowed by
  292  contract and not prohibited by law, including, but not limited
  293  to, those techniques known as fast-track construction
  294  scheduling, use of components, and systems building process.
  295         (4) Except as otherwise provided in this section and s.
  296  481.229, the services of a registered architect must be used for
  297  the development of plans for the erection, enlargement, or
  298  alteration of any educational facility. The services of a
  299  registered architect are not required for a minor renovation
  300  project for which the construction cost is less than $50,000 or
  301  for the placement or hookup of relocatable educational
  302  facilities that conform to with standards adopted under s.
  303  1013.37. However, boards must provide compliance with building
  304  code requirements and ensure that these structures are
  305  adequately anchored for wind resistance as required by law. A
  306  district school board shall reuse existing construction
  307  documents or design criteria packages if such reuse is feasible
  308  and practical. If a school district’s 5-year educational
  309  facilities work plan includes the construction of two or more
  310  new schools for students in the same grade group and program,
  311  such as elementary, middle, or high school, the district school
  312  board must shall require that prototype design and construction
  313  be used for the construction of these schools. Notwithstanding
  314  s. 287.055, a board may purchase the architectural services for
  315  the design of educational or ancillary facilities under an
  316  existing contract agreement for professional services held by a
  317  district school board in the State of Florida, provided that the
  318  purchase is to the economic advantage of the purchasing board,
  319  the services conform to the standards prescribed by rules of the
  320  State Board of Education, and such reuse is not without notice
  321  to, and permission from, the architect of record whose plans or
  322  design criteria are being reused. Plans must shall be reviewed
  323  for compliance with the State Requirements for Educational
  324  Facilities. Rules adopted under this section must establish
  325  uniform prequalification, selection, bidding, and negotiation
  326  procedures applicable to construction management contracts and
  327  the design-build process. This section does not supersede any
  328  small, woman-owned, or minority-owned business enterprise
  329  preference program adopted by a board. Except as otherwise
  330  provided in this section, the negotiation procedures applicable
  331  to construction management contracts and the design-build
  332  process must conform to the requirements of s. 287.055. A board
  333  may not modify any rules regarding construction management
  334  contracts or the design-build process.
  335         Section 9. Paragraph (h) of subsection (1) of section
  336  1013.64, Florida Statutes, is amended to read:
  337         1013.64 Funds for comprehensive educational plant needs;
  338  construction cost maximums for school district capital
  339  projects.—Allocations from the Public Education Capital Outlay
  340  and Debt Service Trust Fund to the various boards for capital
  341  outlay projects shall be determined as follows:
  342         (1)
  343         (h) University boards of trustees may utilize funds
  344  appropriated pursuant to this section for replacement of minor
  345  facilities provided that such projects do not exceed $1 million
  346  in cost or 10,000 gross square feet in size. Minor facilities
  347  may not be replaced from funds provided pursuant to this section
  348  unless the board determines that the cost of repair or
  349  renovation is greater than or equal to the cost of replacement.
  350         Section 10. This act shall take effect July 1, 2023.