HOUSE AMENDMENT Bill No. HB 319 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Mealor offered the following:
13
14	Amendment (with title amendment)
15	Between line(s) 409 and 410, insert:
16
17	Section 5. Subsection (5) of section 17.076, Florida
18	Statutes, is amended to read:
19	17.076 Direct deposit of funds.--
20	(5) All direct deposit records made prior to October 1,
21	1986, are exempt from the provisions of s. 119.07(1). With
22	respect to direct deposit records made on or after October 1,
23	1986, the names of the authorized financial institutions and the
24	account numbers of the beneficiaries are confidential and exempt
25	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
26	State Constitution. Notwithstanding this exemption and the
27	provisions of s. 119.07(3)(dd), the department may provide a
28	state university, upon request, with that university’s employee
29	or vendor direct deposit authorization information on file with
30	the department in order to accommodate the transition to the
31	university accounting system. The state university shall
32	maintain the confidentiality of all such information provided by
33	the department.
34	Section 6. Paragraph (a) of subsection (1) of section
35	20.055, Florida Statutes, is amended to read:
36	20.055 Agency inspectors general.--
37	(1) For the purposes of this section:
38	(a) "State agency" means each department created pursuant
39	to this chapter, and also includes the Executive Office of the
40	Governor, the Department of Military Affairs, the Board of
41	Regents,the Fish and Wildlife Conservation Commission, the
42	Public Service Commission, and the state courts system.
43	Section 7. Subsection (2) of section 110.161, Florida
44	Statutes, is amended to read:
45	110.161 State employees; pretax benefits program.--
46	(2) As used in this section, "employee" means any
47	individual filling an authorized and established position in the
48	executive, legislative, or judicial branch of the state,
49	including the employees of the State Board of Administration and
50	state universities.
51	Section 8. Subsection (2) of section 112.215, Florida
52	Statutes, is amended to read:
53	112.215 Government employees; deferred compensation
54	program.--
55	(2) For the purposes of this section, the term "employee"
56	means any person, whether appointed, elected, or under contract,
57	providing services for the state; any state agency or county or
58	other political subdivision of the state; any municipality; any
59	state university board of trustees;or any constitutional county
60	officer under s. 1(d), Art. VIII of the State Constitution for
61	which compensation or statutory fees are paid.
62	Section 9. Subsections (1) through (6) of section 287.064,
63	Florida Statutes, are amended to read:
64	287.064 Consolidated financing of deferred-payment
65	purchases.--
66	(1) The Division of Bond Finance of the State Board of
67	Administration and the Comptroller shall plan and coordinate
68	deferred-payment purchases made by or on behalf of the state or
69	its agencies or by or on behalf of state universities orstate
70	community colleges participating under this section pursuant to
71	s. 1001.74(5) or s. 1001.64(26), respectively. The Division of
72	Bond Finance shall negotiate and the Comptroller shall execute
73	agreements and contracts to establish master equipment financing
74	agreements for consolidated financing of deferred-payment,
75	installment sale, or lease purchases with a financial
76	institution or a consortium of financial institutions. As used
77	in this act, the term "deferred-payment" includes installment
78	sale and lease-purchase.
79	(a) The period during which equipment may be acquired
80	under any one master equipment financing agreement shall be
81	limited to not more than 3 years.
82	(b) Repayment of the whole or a part of the funds drawn
83	pursuant to the master equipment financing agreement may
84	continue beyond the period established pursuant to paragraph
85	(a).
86	(c) The interest rate component of any master equipment
87	financing agreement shall be deemed to comply with the interest
88	rate limitation imposed in s. 287.063 so long as the interest
89	rate component of every interagency, state university,or
90	community college agreement entered into under such master
91	equipment financing agreement complies with the interest rate
92	limitation imposed in s. 287.063. Such interest rate limitation
93	does not apply when the payment obligation under the master
94	equipment financing agreement is rated by a nationally
95	recognized rating service in any one of the three highest
96	classifications, which rating services and classifications are
97	determined pursuant to rules adopted by the Comptroller.
98	(2) Unless specifically exempted by the Comptroller, all
99	deferred-payment purchases, including those made by a state
100	university orcommunity college that is participating under this
101	section, shall be acquired by funding through master equipment
102	financing agreements. The Comptroller is authorized to exempt
103	any purchases from consolidated financing when, in his or her
104	judgment, alternative financing would be cost-effective or
105	otherwise beneficial to the state.
106	(3) The Comptroller may require agencies to enter into
107	interagency agreements and may require participating state
108	universities orcommunity colleges to enter into systemwide
109	agreements for the purpose of carrying out the provisions of
110	this act.
111	(a) The term of any interagency or systemwide agreement
112	shall expire on June 30 of each fiscal year but shall
113	automatically be renewed annually subject to appropriations and
114	deferred-payment schedules. The period of any interagency or
115	systemwide agreement shall not exceed the useful life of the
116	equipment for which the agreement was made as determined by the
117	Comptroller.
118	(b) The interagency or systemwide agreements may include,
119	but are not limited to, equipment costs, terms, and a pro rata
120	share of program and issuance expenses.
121	(4) Each state university orcommunity college may choose
122	to have its purchasing agreements involving administrative and
123	instructional materials consolidated under this section.
124	(5) The Comptroller is authorized to automatically debit
125	each agency's or state university’sfunds and each community
126	college's portion of the Community College Program Fund
127	consistently with the deferred-payment schedules.
128	(6) There is created the Consolidated Payment Trust Fund
129	in the Comptroller's office for the purpose of implementing the
130	provisions of this act. All funds debited from each agency,
131	state university, and eachcommunity college may be deposited in
132	the trust fund and shall be used to meet the financial
133	obligations incurred pursuant to this act. Any income from the
134	investment of funds may be used to fund administrative costs
135	associated with this program.
136	Section 10. Subsection (6) of section 440.38, Florida
137	Statutes, is amended to read:
138	440.38 Security for compensation; insurance carriers and
139	self-insurers.--
140	(6) The state and its boards, bureaus, departments, and
141	agencies and all of its political subdivisions which employ
142	labor, and the state universities,shall be deemed self-insurers
143	under the terms of this chapter, unless they elect to procure
144	and maintain insurance to secure the benefits of this chapter to
145	their employees; and they are hereby authorized to pay the
146	premiums for such insurance.
147	Section 11. Subsection (19) of section 1001.74, Florida
148	Statutes, is amended to read:
149	1001.74 Powers and duties of university boards of
150	trustees.--
151	(19) Each board of trustees shall establish the personnel
152	program for all employees of the university, including the
153	president, pursuant to the provisions of chapter 1012 and, in
154	accordance with rules and guidelines of the State Board of
155	Education, including: compensation and other conditions of
156	employment, recruitment and selection, nonreappointment,
157	standards for performance and conduct, evaluation, benefits and
158	hours of work, leave policies, recognition and awards,
159	inventions and works, travel, learning opportunities, exchange
160	programs, academic freedom and responsibility, promotion,
161	assignment, demotion, transfer, tenure and permanent status,
162	ethical obligations and conflicts of interest, restrictive
163	covenants, disciplinary actions, complaints, appeals and
164	grievance procedures, and separation and termination from
165	employment. The Department of Management Services shall retain
166	authority over state university employees for programs
167	established in ss. 110.123, 110.1232, 110.1234, and 110.1238,
168	and 110.161and in chapters 121, 122, and 238.
169	Section 12. Subsection (5) of section 1004.24, Florida
170	Statutes, is amended to read:
171	1004.24 State Board of Education authorized to secure
172	liability insurance.--
173	(5) Each self-insurance program council shall make
174	provision for an annual financial audit pursuant to s. 11.45
175	postaudit of its financialaccounts to be conducted by an
176	independent certified public accountant. The annual audit report
177	must include a management letter and shall be submitted to the
178	State Board of Education for review. The State Board of
179	Education shall have the authority to require and receive from
180	the self-insurance program council or from its independent
181	auditor any detail or supplemental data relative to the
182	operation of the self-insurance program.
183	Section 13. Subsections (1) and (5) of section 1004.26,
184	Florida Statutes, are amended to read:
185	1004.26 University student governments.--
186	(1) A student government is created on the main campus of
187	each state university. In addition, each university board of
188	trustees may establish a student government on any branch campus
189	or center. Each student government is a part of the university
190	at which it is established.
191	(5) Each student government is a part of the university at
192	which it is established. If an internal procedure of the
193	university student government is disapproved by the university
194	president under s. 229.0082(15), a member of the university
195	board of trustees may request a review of the disapproved
196	procedure at the next meeting of the board of trustees.
197	Section 14. Paragraph (d) of subsection (3) of section
198	1004.445, Florida Statutes, is amended to read:
199	1004.445 Florida Alzheimer's Center and Research
200	Institute.--
201	(3) The State Board of Education shall provide in the
202	agreement with the not-for-profit corporation for the following:
203	(d) Preparation of an annual financial audit pursuant to
204	s. 11.45postaudit of the not-for-profit corporation's financial
205	accounts and the financialaccounts of any subsidiaries to be
206	conducted by an independent certified public accountant. The
207	annual audit report shall include management letters and shall
208	be submitted to the Auditor General and the State Board of
209	Education for review. The State Board of Education, the Auditor
210	General, and the Office of Program Policy Analysis and
211	Government Accountability shall have the authority to require
212	and receive from the not-for-profit corporation and any
213	subsidiaries, or from their independent auditor, any detail or
214	supplemental data relative to the operation of the not-for-
215	profit corporation or subsidiary.
216	Section 15. Paragraphs (a) and (b) of subsection (2) of
217	section 1009.21, Florida Statutes, are amended, paragraph (d) is
218	added to said subsection, and paragraph (k) is added to
219	subsection (10) of said section, to read:
220	1009.21 Determination of resident status for tuition
221	purposes.--Students shall be classified as residents or
222	nonresidents for the purpose of assessing tuition in community
223	colleges and state universities.
224	(2)(a) To qualify as a resident for tuition purposes:
225	1. A person or, if that person is a dependent child, his
226	or her parent or parents must have established legal residence
227	in this state and must have maintained legal residence in this
228	state for at least 12 months immediately prior to his or her
229	initial enrollment at a Florida postsecondary educational
230	institution. For purposes of this section, the term “initial
231	enrollment” is defined as the first day of classqualification.
232	2. Every applicant for admission to an institution of
233	higher education shall be required to make a statement as to his
234	or her length of residence in the state and, further, shall
235	establish that his or her presence or, if the applicant is a
236	dependent child, the presence of his or her parent or parents in
237	the state currently is, and during the requisite 12-month
238	qualifying period was, for the purpose of maintaining a bona
239	fide domicile, rather than for the purpose of maintaining a mere
240	temporary residence or abode incident to enrollment in an
241	institution of higher education.
242	(b) However, with respect to a dependent child living with
243	an adult relative other than the child's parent, such child may
244	qualify as a resident for tuition purposes if the adult relative
245	is a legal resident who has maintained legal residence in this
246	state for at least 12 months immediately prior to the child's
247	initial enrollment at a Florida postsecondary educational
248	institutionqualification, provided the child has resided
249	continuously with such relative for the 5 years immediately
250	prior to the child's initial enrollmentqualification, during
251	which time the adult relative has exercised day-to-day care,
252	supervision, and control of the child.
253	(d) A person who is classified as a nonresident for
254	tuition purposes may become eligible for reclassification as a
255	resident for tuition purposes if that person, or if that person
256	is a dependent child, his or her parent, presents documentation
257	that supports permanent residency in this state, such as
258	documentation of permanent full-time employment for the previous
259	12 months or the purchase of a home in this state and residence
260	therein for the prior 12 months.
261	(10) The following persons shall be classified as
262	residents for tuition purposes:
263	(k) A graduate teaching assistant or graduate research
264	assistant while employed by a state university, when such
265	employment is at least one-half time in a teaching or research
266	assistant position that relates to the graduate assistant’s
267	degree program.
268	Section 16. Subsections (3) and (13) of section 1009.24,
269	Florida Statutes, are amended to read:
270	1009.24 State university student fees.--
271	(3) Within proviso in the General Appropriations Act and
272	law, each board of trustees shall set university tuition and
273	fees. The sum of the activity and service, health, and athletic
274	fees a student is required to pay to register for a course shall
275	not exceed 40 percent of the tuition established in law or in
276	the General Appropriations Act. No university shall be required
277	to lower any fee in effect on the effective date of this act in
278	order to comply with this subsection. Within the 40 percent cap,
279	universities may not increase the aggregate sum of activity and
280	service, health, and athletic fees more than 5 percent per year
281	unless specifically authorized in law or in the General
282	Appropriations Act. This subsection does not prohibit a
283	university from increasing or assessing optional fees related to
284	specific activities if payment of such fees is not required as a
285	part of registration for courses. Except as otherwise provided
286	by law, the sum of nonresident tuition and out-of-state fees
287	charged to undergraduates shall be sufficient to defray the full
288	cost of undergraduate education.
289	(13) Each university board of trustees is authorized to
290	establish a nonrefundable admissions deposit for undergraduate,
291	graduate, and professional degree programs in an amount not to
292	exceed $200. The admissions deposit shall be imposed at the time
293	of an applicant’s acceptance to the university and shall be
294	applied toward tuition upon enrollment. In the event the
295	applicant does not enroll in the university, the admissions
296	deposit shall be deposited in an auxiliary account of the
297	university and used to expand financial assistance,
298	scholarships, and student academic and career counseling
299	services at the university. A university board of trustees that
300	establishes an admissions deposit pursuant to this subsection
301	must also adopt policies that provide for the waiver of such
302	deposit on the basis of financial hardship.The board of
303	trustees of the University of Florida is authorized to establish
304	an admissions deposit fee for the University of Florida College
305	of Dentistry in an amount not to exceed $200.
306	Section 17. Section 1012.975, Florida Statutes, is created
307	to read:
308	1012.975 Remuneration of state university presidents;
309	limitations.--
310	(1) DEFINITIONS.--As used in this section, the term:
311	(a) "Cash-equivalent compensation" means any benefit that
312	may be assigned an equivalent cash value.
313	(b) "Public funds" means funds appropriated from the
314	General Revenue Fund, funds appropriated from state trust funds,
315	tuition and fees, or any funds from a state university trust
316	fund regardless of repository.
317	(c) "Remuneration" means salary, bonuses, and cash-
318	equivalent compensation paid to a state university president by
319	his or her employer for work performed, excluding health
320	insurance benefits and retirement benefits.
321	(2) LIMITATION ON COMPENSATION.--Notwithstanding any other
322	law, resolution, or rule to the contrary, a state university
323	president may not receive more than $225,000 in remuneration
324	annually from public funds. Only compensation, as such term is
325	defined in s. 121.021(22), provided to a state university
326	president may be used in calculating benefits under chapter 121.
327	(3) EXCEPTIONS.--This section does not prohibit any party
328	from providing cash or cash-equivalent compensation from funds
329	that are not public funds to a state university president in
330	excess of the limit in subsection (2). If a party is unable or
331	unwilling to fulfill an obligation to provide cash or cash-
332	equivalent compensation to a state university president as
333	permitted under this subsection, public funds may not be used to
334	fulfill such obligation.
335
336	================= T I T L E A M E N D M E N T =================
337	Between lines FORMTEXT 28 and 29 , insert:
338
339	amending s. 17.076, F.S.; providing an exception to a public
340	records exemption; amending s. 20.555, F.S.; deleting reference
341	to the Board of Regents; amending s. 110.161, F.S.; including
342	employees of state universities in the definition of "employee"
343	for purposes of the pretax benefits program; amending s.
344	112.215, F.S.; including employees of state university boards of
345	trustees in the definition of "employee" for purposes of the
346	deferred compensation program; amending s. 287.064, F.S.;
347	authorizing state universities to continue to participate in the
348	consolidated equipment financing program; amending s. 440.38,
349	F.S.; including state universities as self-insurers for purposes
350	of workers' compensation; amending s. 1001.74, F.S.; adding a
351	cross reference relating to pretax benefits for state university
352	employees; amending s. 1004.24, F.S.; deleting obsolete
353	reference to postaudit of financial accounts; providing for
354	financial audit pursuant to s. 11.45, F.S.; amending s. 1004.26,
355	F.S.; conforming university oversight of student government;
356	amending s. 1004.445, F.S.; deleting obsolete reference to
357	postaudit of financial accounts; providing for financial audit
358	pursuant to s. 11.45, F.S.; amending s. 1009.21, F.S.; revising
359	provisions relating to determination of resident status for
360	tuition purposes; providing for reclassification; providing for
361	classification of certain graduate teaching assistants or
362	graduate research assistants; amending s. 1009.24, F.S.;
363	revising provisions relating to undergraduate tuition and fees;
364	authorizing a nonrefundable admissions deposit; creating
365	1012.975, F.S.; defining the terms "cash-equivalent
366	compensation," "public funds," and "remuneration"; limiting the
367	annual remuneration of a state university president to $225,000
368	from public funds; providing certain limitations on benefits for
369	state university presidents under the Florida Retirement System;
370	authorizing a party to provide cash or cash-equivalent
371	compensation in excess of annual limit from nonpublic funds;
372	eliminating any state obligation to provide cash or cash-
373	equivalent compensation for state university presidents under
374	certain circumstances;
375