Florida Senate - 2010                                     SB 778
       
       
       
       By Senator Constantine
       
       
       
       
       22-00594A-10                                           2010778__
    1                        A bill to be entitled                      
    2         An act relating to state universities; amending s.
    3         1001.74, F.S.; redefining the term “continuing
    4         contract” as it relates to construction costs in order
    5         to increase certain cost thresholds; amending s.
    6         1009.24, F.S.; authorizing university boards of
    7         trustees to establish a renewable energy fee under
    8         certain circumstances; providing that the fee not
    9         exceed a specified amount; limiting the use of such
   10         fee; establishing a renewable energy fee committee;
   11         providing for membership; providing terms; providing
   12         for a referendum on continuing or discontinuing the
   13         fee; authorizing the university to reestablish the
   14         fee; amending ss. 1009.01 and 1009.98, F.S.;
   15         conforming cross-references; amending s. 1013.64,
   16         F.S.; increasing the cost threshold at which a minor
   17         facility may be replaced; amending s. 1013.78, F.S.;
   18         conforming provisions to changes made by the act;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (2) of section 1001.74, Florida
   24  Statutes, is amended to read:
   25         1001.74 Powers and duties of university boards of
   26  trustees.—
   27         (2) POWERS AND DUTIES RELATING TO ORGANIZATION AND
   28  OPERATION OF STATE UNIVERSITIES.—
   29         (a) Each board of trustees constitutes the contracting
   30  agent of the university. Each university shall comply with the
   31  provisions of s. 287.055 for the procurement of professional
   32  services and may approve and execute all contracts for planning,
   33  construction, and equipment. For the purpose of a university’s
   34  contracting authority, a “continuing contract” for professional
   35  services under the provisions of s. 287.055 is one in which
   36  construction costs do not exceed $2 $1 million or the fee for
   37  study activity does not exceed $200,000 $100,000. Contracts
   38  executed pursuant to this paragraph are subject to the
   39  requirements of s. 1010.62.
   40         Section 2. Present subsections (14) through (18) of section
   41  1009.24, Florida Statutes, are redesignated as subsections (15)
   42  through (19), respectively, and a new subsection (14) is added
   43  to that section, to read:
   44         1009.24 State university student fees.—
   45         (14)(a) Each university board of trustees may establish a
   46  renewable energy fee to be paid by all students if the fee is
   47  approved by the student body of the university that seeks to
   48  establish the fee. In order to establish the fee, a referendum
   49  of the university’s student body must be requested by the
   50  student legislative body and conducted by the student
   51  government. The referendum must include the proposed amount of
   52  the fee and an explanation of its purpose. A university’s board
   53  of trustees may not establish the fee without the approval of a
   54  majority of the students participating in the referendum.
   55         (b) A renewable energy fee established under this
   56  subsection may not exceed $1 per credit hour during its first
   57  year of implementation. The initial amount of the fee must be in
   58  accordance with the referendum described in paragraph (a) and
   59  may be changed only if approved by a referendum of the student
   60  body. The fee may not be included in any award under s. 1009.53
   61  or s. 1009.531.
   62         (c) The renewable energy fee shall be expended only for
   63  establishing or improving the use of renewable energy
   64  technologies or energy efficiencies that directly lower the
   65  university’s greenhouse gas emissions, waste, or energy costs. A
   66  renewable energy fee committee shall be established and shall
   67  vote to determine how the revenue from the fee is spent. The
   68  committee shall consist of no more than 12 members, to be
   69  appointed as follows:
   70         1. One-half of the members shall be appointed by the
   71  university’s student body president and confirmed by the
   72  university’s student legislative body. Appointees shall be
   73  confirmed within 6 months after their appointment date. However,
   74  an appointee who has not been confirmed or has been rejected by
   75  the legislative body shall serve for no more than 45 days, at
   76  which time a replacement must be appointed.
   77         2. One-half of the members shall be appointed by the
   78  university president or his or her designee.
   79  
   80  Members shall be appointed to 1-year terms and shall hold office
   81  until their successors are appointed and qualified. A majority
   82  of the committee members constitutes a quorum. A chairperson,
   83  who is elected by the committee, shall vote only in the case of
   84  a tie. The revenue from the fee which remains at the end of a
   85  fiscal year shall be carried over and made available for
   86  renewable energy expenditures consistent with this paragraph
   87  during the next fiscal year.
   88         (d) After the renewable energy fee is implemented for 3
   89  years, the university’s student government shall conduct a
   90  referendum to assess the student body’s interest in continuing
   91  the fee. If a majority of students participating in the
   92  referendum votes to discontinue the fee, the fee may not be
   93  collected, and any remaining revenue shall be dispensed by the
   94  renewable energy fee committee within 2 fiscal years after the
   95  referendum. The university may reestablish the fee as provided
   96  in paragraph (a) no sooner than 1 year after the referendum
   97  discontinuing the fee.
   98         Section 3. Subsection (3) of section 1009.01, Florida
   99  Statutes, is amended to read:
  100         1009.01 Definitions.—The term:
  101         (3) “Tuition differential” means the supplemental fee
  102  charged to a student by a public university in this state
  103  pursuant to s. 1009.24(17) s. 1009.24(16).
  104         Section 4. Paragraph (b) of subsection (2) of section
  105  1009.98, Florida Statutes, is amended to read:
  106         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  107         (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
  108  make advance payment contracts available for two independent
  109  plans to be known as the community college plan and the
  110  university plan. The board may also make advance payment
  111  contracts available for a dormitory residence plan. The board
  112  may restrict the number of participants in the community college
  113  plan, university plan, and dormitory residence plan,
  114  respectively. However, any person denied participation solely on
  115  the basis of such restriction shall be granted priority for
  116  participation during the succeeding year.
  117         (b)1. Through the university plan, the advance payment
  118  contract may provide prepaid registration fees for a specified
  119  number of undergraduate semester credit hours not to exceed the
  120  average number of hours required for the conference of a
  121  baccalaureate degree. Qualified beneficiaries shall bear the
  122  cost of any laboratory fees associated with enrollment in
  123  specific courses. Each qualified beneficiary shall be classified
  124  as a resident for tuition purposes pursuant to s. 1009.21,
  125  regardless of his or her actual legal residence.
  126         2. Effective July 1, 1998, the board may provide advance
  127  payment contracts for additional fees delineated in s.
  128  1009.24(9)-(12), for a specified number of undergraduate
  129  semester credit hours not to exceed the average number of hours
  130  required for the conference of a baccalaureate degree, in
  131  conjunction with advance payment contracts for registration
  132  fees. Such contracts shall provide prepaid coverage for the sum
  133  of such fees, to a maximum of 45 percent of the cost of
  134  registration fees. University plan contracts purchased prior to
  135  July 1, 1998, shall be limited to the payment of registration
  136  fees as defined in s. 1009.97.
  137         3. Effective July 1, 2007, the board may provide advance
  138  payment contracts for the tuition differential authorized in s.
  139  1009.24(17) s. 1009.24(16) for a specified number of
  140  undergraduate semester credit hours, which may not exceed the
  141  average number of hours required for the conference of a
  142  baccalaureate degree, in conjunction with advance payment
  143  contracts for registration fees.
  144         4. Effective July 1, 2009, the board may offer an advance
  145  payment contract for the university plan covering prepaid
  146  registration fees, the fees authorized in s. 1009.24(9)-(12),
  147  and the tuition differential authorized in s. 1009.24(17) s.
  148  1009.24(16). Such a contract may be offered in specific
  149  increments for use toward a baccalaureate degree. The total
  150  number of hours purchased for a qualified beneficiary may not
  151  exceed the average number of hours required for the conference
  152  of a baccalaureate degree.
  153         Section 5. Paragraph (h) of subsection (1) of section
  154  1013.64, Florida Statutes, is amended to read:
  155         1013.64 Funds for comprehensive educational plant needs;
  156  construction cost maximums for school district capital
  157  projects.—Allocations from the Public Education Capital Outlay
  158  and Debt Service Trust Fund to the various boards for capital
  159  outlay projects shall be determined as follows:
  160         (1)
  161         (h) University boards of trustees may use utilize funds
  162  appropriated pursuant to this section for the replacement of
  163  minor facilities if provided that such projects do not exceed $2
  164  $1 million in cost or 10,000 gross square feet in size. Minor
  165  facilities may not be replaced from funds provided pursuant to
  166  this section unless the board determines that the cost of repair
  167  or renovation is greater than or equal to the cost of
  168  replacement.
  169         Section 6. Subsection (2) of section 1013.78, Florida
  170  Statutes, is amended to read:
  171         1013.78 Approval required for certain university-related
  172  facility acquisitions.—
  173         (2) Legislative approval is shall not be required for
  174  renovations, remodeling, replacement of existing facilities, or
  175  construction of minor facilities projects as defined in s.
  176  1013.64, except to the extent required pursuant to s. 1010.62.
  177         Section 7. This act shall take effect upon becoming a law.