| 1 | A bill to be entitled | 
| 2 | An act relating to education funding; amending s. 287.055, | 
| 3 | F.S.; including regional consortium service organizations | 
| 4 | under provisions relating to procurement and competitive | 
| 5 | selection of certain professional services; amending s. | 
| 6 | 1001.451, F.S.; revising provisions for award of incentive | 
| 7 | grants to regional consortium service organizations; | 
| 8 | amending 1001.453, F.S.; revising definition of direct- | 
| 9 | support organization to include a regional consortium | 
| 10 | service organization direct-support organization; | 
| 11 | authorizing use of property and requiring rules; providing | 
| 12 | for approval of a board of directors and requiring audits; | 
| 13 | amending ss. 1009.50, 1009.51, 1009.52, and 1009.89, F.S.; | 
| 14 | authorizing funds appropriated for Florida public student | 
| 15 | assistance grants, Florida private student assistance | 
| 16 | grants, Florida postsecondary student assistance grants, | 
| 17 | and William L. Boyd, IV, Florida resident access grants to | 
| 18 | be deposited in the State Student Financial Assistance | 
| 19 | Trust Fund; amending ss. 1010.09 and 1010.34, F.S.; | 
| 20 | conforming provisions relating to direct-support | 
| 21 | organizations and audits thereof; amending s. 1010.72, | 
| 22 | F.S.; authorizing funds to be credited to the Dale Hickam | 
| 23 | Excellent Teaching Program Trust Fund; amending s. | 
| 24 | 1011.62, F.S., relating to funds for operation of schools; | 
| 25 | providing for a transition sparsity supplement under | 
| 26 | certain circumstances; revising provisions relating to the | 
| 27 | manner in which each school district's allocation of | 
| 28 | sparsity supplement funds shall be adjusted; amending s. | 
| 29 | 1011.765, F.S.; providing that the Florida Academic | 
| 30 | Improvement Trust Fund shall be utilized to provide | 
| 31 | matching grants to regional consortium service | 
| 32 | organization education foundations; amending s. 1011.94, | 
| 33 | F.S.; authorizing funds to be deposited in the Trust Fund | 
| 34 | for University Major Gifts; amending s. 1013.79, F.S.; | 
| 35 | authorizing the appropriation of funds to be transferred | 
| 36 | to the Alec P. Courtelis Capital Facilities Matching Trust | 
| 37 | Fund; providing an effective date. | 
| 38 | 
 | 
| 39 | Be It Enacted by the Legislature of the State of Florida: | 
| 40 | 
 | 
| 41 | Section 1.  Paragraph (b) of subsection (2) of section | 
| 42 | 287.055, Florida Statutes, is amended, and paragraph (e) is | 
| 43 | added to subsection (4) of said section, to read: | 
| 44 | 287.055  Acquisition of professional architectural, | 
| 45 | engineering, landscape architectural, or surveying and mapping | 
| 46 | services; definitions; procedures; contingent fees prohibited; | 
| 47 | penalties.-- | 
| 48 | (2)  DEFINITIONS.--For purposes of this section: | 
| 49 | (b)  "Agency" means the state, a state agency, a | 
| 50 | municipality, a political subdivision, a school district, ora | 
| 51 | school board, or a regional consortium service organization | 
| 52 | formed under s. 1001.451. The term "agency" does not extend to a | 
| 53 | nongovernmental developer that contributes public facilities to | 
| 54 | a political subdivision under s. 380.06 or ss. 163.3220- | 
| 55 | 163.3243. | 
| 56 | (4)  COMPETITIVE SELECTION.-- | 
| 57 | (e)  A school district may make purchases under contracts | 
| 58 | procured pursuant to this section by a regional consortium | 
| 59 | service organization, formed under s. 1001.451, of which it is a | 
| 60 | member. | 
| 61 | Section 2.  Paragraph (a) of subsection (2) of section | 
| 62 | 1001.451, Florida Statutes, is amended to read: | 
| 63 | 1001.451  Regional consortium service organizations.--In | 
| 64 | order to provide a full range of programs to larger numbers of | 
| 65 | students, minimize duplication of services, and encourage the | 
| 66 | development of new programs and services: | 
| 67 | (2)(a)  Each regional consortium service organization that | 
| 68 | consists of four or more school districts is eligible to | 
| 69 | receive, through the Department of Education, an incentive grant | 
| 70 | as provided in the annual General Appropriations Act of $25,000 | 
| 71 | per school districtto be used for the delivery of services | 
| 72 | within the participating school districts. | 
| 73 | Section 3.  Section 1001.453, Florida Statutes, is amended | 
| 74 | to read: | 
| 75 | 1001.453  Direct-support organization; use of property; | 
| 76 | board of directors; audit.-- | 
| 77 | (1)  DEFINITIONS.--For the purposes of this section, the | 
| 78 | term: | 
| 79 | (a)  " District school boardDirect-support organization" | 
| 80 | means a district school board direct-support organization or a | 
| 81 | regional consortium service organization direct-support an | 
| 82 | organization that: | 
| 83 | 1.  Is approved by the district school board or regional | 
| 84 | consortium service organization board of directors; | 
| 85 | 2.  Is a Florida corporation not for profit, incorporated | 
| 86 | under the provisions of chapter 617 and approved by the | 
| 87 | Department of State; and | 
| 88 | 3.  Is organized and operated exclusively to receive, hold, | 
| 89 | invest, and administer property and to make expenditures to or | 
| 90 | for the benefit of public kindergarten through 12th grade | 
| 91 | education and adult career and community education programs in | 
| 92 | this state. | 
| 93 | (b)  "Personal services" includes full-time or part-time | 
| 94 | personnel, as well as payroll processing. | 
| 95 | (c)  "Regional consortium service organization" means an | 
| 96 | organization formed under s. 1001.451. | 
| 97 | (2)  USE OF PROPERTY.--A district school board or regional | 
| 98 | consortium service organization board of directors: | 
| 99 | (a)  Is authorized to permit the use of property, | 
| 100 | facilities, and personal services of the district or regional | 
| 101 | consortium service organization by a direct-support | 
| 102 | organization, subject to the provisions of this section. | 
| 103 | (b)  Shall prescribe by rule conditions with which a | 
| 104 | district school boarddirect-support organization must comply in | 
| 105 | order to use property, facilities, or personal services of the | 
| 106 | district or regional consortium service organization. Adoption | 
| 107 | of such rules shall be coordinated with the Department of | 
| 108 | Education. The rules shall provide for budget and audit review | 
| 109 | and oversight by the district school board or regional | 
| 110 | consortium service organization board of directors and the | 
| 111 | department. | 
| 112 | (c)  Shall not permit the use of property, facilities, or | 
| 113 | personal services of a direct-support organization if such | 
| 114 | organization does not provide equal employment opportunities to | 
| 115 | all persons, regardless of race, color, religion, sex, age, or | 
| 116 | national origin. | 
| 117 | (3)  BOARD OF DIRECTORS.--The board of directors of the | 
| 118 | district school boarddirect-support organization shall be | 
| 119 | approved by the district school board or the regional consortium | 
| 120 | service organization board of directors. | 
| 121 | (4)  ANNUAL AUDIT.--Each direct-support organization with | 
| 122 | more than $100,000 in expenditures or expenses shall provide for | 
| 123 | an annual financialaudit of its financial statements in order | 
| 124 | to express an opinion on the fairness with which the financial | 
| 125 | statements are presented in conformance with generally accepted | 
| 126 | accounting principles. The audit is accounts and records,to be | 
| 127 | conducted by an independent certified public accountant in | 
| 128 | accordance with rules adopted by the Auditor General pursuant to | 
| 129 | s. 11.45(8) and the Commissioner of Education. The annual audit | 
| 130 | report shall be submitted to the Auditor General and the | 
| 131 | district school board or regional consortium service | 
| 132 | organization board of directors for review within 9 months after | 
| 133 | the end of the fiscal year or by the date established by year's | 
| 134 | end tothe district school board or regional consortium service | 
| 135 | organization board of directors and the Auditor General, | 
| 136 | whichever is earlier. The Commissioner of Education, the Auditor | 
| 137 | General, and the Office of Program Policy Analysis and | 
| 138 | Government Accountability have the authority to require and | 
| 139 | receive from the organization or the district auditor or | 
| 140 | regional consortium service organization auditor any records | 
| 141 | relative to the operation of the organization. The identity of | 
| 142 | donors and all information identifying donors and prospective | 
| 143 | donors are confidential and exempt from the provisions of s. | 
| 144 | 119.07(1), and that anonymity shall be maintained in the | 
| 145 | auditor's report. All other records and information shall be | 
| 146 | considered public records for the purposes of chapter 119. | 
| 147 | Section 4.  Subsection (5) of section 1009.50, Florida | 
| 148 | Statutes, is amended to read: | 
| 149 | 1009.50  Florida Public Student Assistance Grant Program; | 
| 150 | eligibility for grants.-- | 
| 151 | (5)  Funds appropriated by the Legislature for state | 
| 152 | student assistance grants may shallbe deposited in the State | 
| 153 | Student Financial Assistance Trust Fund. Notwithstanding the | 
| 154 | provisions of s. 216.301 and pursuant to s. 216.351, any balance | 
| 155 | in the trust fund at the end of any fiscal year that has been | 
| 156 | allocated to the Florida Public Student Assistance Grant Program | 
| 157 | shall remain therein and shall be available for carrying out the | 
| 158 | purposes of this section. | 
| 159 | Section 5.  Subsection (5) of section 1009.51, Florida | 
| 160 | Statutes, is amended to read: | 
| 161 | 1009.51  Florida Private Student Assistance Grant Program; | 
| 162 | eligibility for grants.-- | 
| 163 | (5)  Funds appropriated by the Legislature for Florida | 
| 164 | private student assistance grants may shallbe deposited in the | 
| 165 | State Student Financial Assistance Trust Fund. Notwithstanding | 
| 166 | the provisions of s. 216.301 and pursuant to s. 216.351, any | 
| 167 | balance in the trust fund at the end of any fiscal year that has | 
| 168 | been allocated to the Florida Private Student Assistance Grant | 
| 169 | Program shall remain therein and shall be available for carrying | 
| 170 | out the purposes of this section and as otherwise provided by | 
| 171 | law. | 
| 172 | Section 6.  Subsection (6) of section 1009.52, Florida | 
| 173 | Statutes, is amended to read: | 
| 174 | 1009.52  Florida Postsecondary Student Assistance Grant | 
| 175 | Program; eligibility for grants.-- | 
| 176 | (6)  Funds appropriated by the Legislature for Florida | 
| 177 | postsecondary student assistance grants may shallbe deposited | 
| 178 | in the State Student Financial Assistance Trust Fund. | 
| 179 | Notwithstanding the provisions of s. 216.301 and pursuant to s. | 
| 180 | 216.351, any balance in the trust fund at the end of any fiscal | 
| 181 | year that has been allocated to the Florida Postsecondary | 
| 182 | Student Assistance Grant Program shall remain therein and shall | 
| 183 | be available for carrying out the purposes of this section and | 
| 184 | as otherwise provided by law. | 
| 185 | Section 7.  Subsection (6) of section 1009.89, Florida | 
| 186 | Statutes, is amended to read: | 
| 187 | 1009.89  The William L. Boyd, IV, Florida resident access | 
| 188 | grants.-- | 
| 189 | (6)  Funds appropriated by the Legislature for the William | 
| 190 | L. Boyd, IV, Florida Resident Access Grant Program may shallbe | 
| 191 | deposited in the State Student Financial Assistance Trust Fund. | 
| 192 | Notwithstanding the provisions of s. 216.301 and pursuant to s. | 
| 193 | 216.351, any balance in the trust fund at the end of any fiscal | 
| 194 | year which has been allocated to the William L. Boyd, IV, | 
| 195 | Florida Resident Access Grant Program shall remain therein and | 
| 196 | shall be available for carrying out the purposes of this | 
| 197 | section. If the number of eligible students exceeds the total | 
| 198 | authorized in the General Appropriations Act, an institution may | 
| 199 | use its own resources to assure that each eligible student | 
| 200 | receives the full benefit of the grant amount authorized. | 
| 201 | Section 8.  Section 1010.09, Florida Statutes, is amended | 
| 202 | to read: | 
| 203 | 1010.09  Direct-support organizations.--School district, | 
| 204 | regional consortium service organization, community college, and | 
| 205 | university direct-support organizations shall be organized and | 
| 206 | conducted under the provisions of ss. 1001.453, 1004.28, and | 
| 207 | 1004.70 and rules of the State Board of Education, as | 
| 208 | applicable. | 
| 209 | Section 9.  Section 1010.34, Florida Statutes, is amended | 
| 210 | to read: | 
| 211 | 1010.34  Audits of direct-support organizations.--Audits of | 
| 212 | school district, regional consortium service organization, | 
| 213 | community college, and state university direct-support | 
| 214 | organizations are subject to the audit provisions of ss. | 
| 215 | 1001.453(4), 1004.28(5), and 1004.70(6), as applicable. | 
| 216 | Section 10.  Section 1010.72, Florida Statutes, is amended | 
| 217 | to read: | 
| 218 | 1010.72  Dale Hickam Excellent Teaching Program Trust | 
| 219 | Fund.--The Dale Hickam Excellent Teaching Program Trust Fund is | 
| 220 | created to be administered by the Department of Education. Funds | 
| 221 | may mustbe credited to the trust fund as provided in chapter | 
| 222 | 98-309, Laws of Florida, to be used for the purposes set forth | 
| 223 | therein. | 
| 224 | Section 11.  Subsection (6) of section 1011.62, Florida | 
| 225 | Statutes, is amended to read: | 
| 226 | 1011.62  Funds for operation of schools.--If the annual | 
| 227 | allocation from the Florida Education Finance Program to each | 
| 228 | district for operation of schools is not determined in the | 
| 229 | annual appropriations act or the substantive bill implementing | 
| 230 | the annual appropriations act, it shall be determined as | 
| 231 | follows: | 
| 232 | (6)  DETERMINATION OF SPARSITY SUPPLEMENT.-- | 
| 233 | (a)  Annually, in an amount to be determined by the | 
| 234 | Legislature through the General Appropriations Act, there shall | 
| 235 | be added to the basic amount for current operation of the FEFP | 
| 236 | qualified districts a sparsity supplement which shall be | 
| 237 | computed as follows: | 
| 238 | 
 | 
|  | | Sparsity Factor = | 1101.8918____2700 + district       sparsity       index | -0.1101 | 
 | 
| 239 | 
 | 
| 240 | except that districts with a sparsity index of 1,000 or less | 
| 241 | shall be computed as having a sparsity index of 1,000, and | 
| 242 | districts having a sparsity index of 7,308 and above shall be | 
| 243 | computed as having a sparsity factor of zero. A qualified | 
| 244 | district's full-time equivalent student membership shall equal | 
| 245 | or be less than that prescribed annually by the Legislature in | 
| 246 | the appropriations act. The amount prescribed annually by the | 
| 247 | Legislature shall be no less than 17,000, but no more than | 
| 248 | 24,000. A district that exceeds the full-time equivalent student | 
| 249 | membership requirement shall receive a one-time transition | 
| 250 | supplement in the amount of one-half of the sparsity supplement | 
| 251 | calculated for said district provided the district qualified for | 
| 252 | the sparsity supplement in each of the most recent 3 fiscal | 
| 253 | years. | 
| 254 | (b)  The district sparsity index shall be computed by | 
| 255 | dividing the total number of full-time equivalent students in | 
| 256 | all programs in the district by the number of senior high school | 
| 257 | centers in the district, not in excess of three, which centers | 
| 258 | are approved as permanent centers by a survey made by the | 
| 259 | Department of Education. | 
| 260 | (c)  Each district's allocation of sparsity supplement | 
| 261 | funds shall be adjusted in the following manner: | 
| 262 | 1.  A maximum discretionary levy per FTE value for each | 
| 263 | district shall be calculated by dividing the value of each | 
| 264 | district's maximum discretionary levy by its FTE student count. ; | 
| 265 | 2.  A state average discretionary levy value per FTE shall | 
| 266 | be calculated by dividing the total maximum discretionary levy | 
| 267 | value for all districts by the state total FTE student count. ; | 
| 268 | 3.  A total potential funds per FTE for each district shall | 
| 269 | be calculated by dividing the total potential funds, not | 
| 270 | including Florida School Recognition Program funds and the | 
| 271 | minimum guarantee, for each district by its FTE student count. | 
| 272 | 4.  A state average total potential funds per FTE shall be | 
| 273 | calculated by dividing the total potential funds, not including | 
| 274 | the minimum guarantee, for all districts by the state total FTE | 
| 275 | student count. | 
| 276 | 5. 3.For districts that have a levy value per FTE as | 
| 277 | calculated in subparagraph 1. higher than the state average | 
| 278 | calculated in subparagraph 2., a sparsity wealth adjustment | 
| 279 | shall be calculated as the product of the difference between the | 
| 280 | state average levy value per FTE calculated in subparagraph 2. | 
| 281 | and the district's levy value per FTE calculated in subparagraph | 
| 282 | 1. and the district's FTE student count and -1. However, no | 
| 283 | district shall have a sparsity wealth adjustment which, when | 
| 284 | applied to the total potential funds calculated in subparagraph | 
| 285 | 3., would cause the district's total potential funds per FTE to | 
| 286 | be less than the state average calculated in subparagraph 4. ; | 
| 287 | 6. 4.Each district's sparsity supplement allocation shall | 
| 288 | be calculated by adding the amount calculated as specified in | 
| 289 | paragraphs (a) and (b) and the wealth adjustment amount | 
| 290 | calculated in this paragraph. | 
| 291 | Section 12.  Section 1011.765, Florida Statutes, is amended | 
| 292 | to read: | 
| 293 | 1011.765  Florida Academic Improvement Trust Fund matching | 
| 294 | grants.-- | 
| 295 | (1)  MATCHING GRANTS.--The Florida Academic Improvement | 
| 296 | Trust Fund shall be utilized to provide matching grants to the | 
| 297 | Florida School for the Deaf and the Blind Endowment Fund, and to | 
| 298 | any public school district education foundation, and any | 
| 299 | regional consortium service organization education foundation | 
| 300 | that meets the requirements of this section and is recognized by | 
| 301 | the local school district as a itsdesignated K-12 education | 
| 302 | foundation. For purposes of this section, "regional consortium | 
| 303 | service organization" means an organization formed under s. | 
| 304 | 1001.451. | 
| 305 | (a)  The State Board of Education shall adopt rules for the | 
| 306 | administration, submission, documentation, evaluation, and | 
| 307 | approval of requests for matching funds and for maintaining | 
| 308 | accountability for matching funds. | 
| 309 | (b)  Donations, state matching funds, or proceeds from | 
| 310 | endowments established pursuant to this section shall be used at | 
| 311 | the discretion of the public school district education | 
| 312 | foundation, the regional consortium service organization | 
| 313 | education foundation, or the Florida School for the Deaf and the | 
| 314 | Blind for academic achievement within the school district, | 
| 315 | school districts, or school, and shall not be expended for the | 
| 316 | construction of facilities or for the support of interscholastic | 
| 317 | athletics. A Nopublic school district education foundation, a | 
| 318 | regional consortium service organization education foundation, | 
| 319 | or the Florida School for the Deaf and the Blind shall not | 
| 320 | accept or purchase facilities for which the state will be asked | 
| 321 | for operating funds unless the Legislature has granted prior | 
| 322 | approval for such acquisition. | 
| 323 | (2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to | 
| 324 | the Florida Academic Improvement Trust Fund shall be allocated | 
| 325 | by the Department of Education in the following manner: | 
| 326 | (a)  For every year in which there is a legislative | 
| 327 | appropriation to the trust fund, an equal amount of the annual | 
| 328 | appropriation, to be determined by dividing the total | 
| 329 | legislative appropriation by the number of local education | 
| 330 | foundations and regional consortium service organization | 
| 331 | education foundations, as well as the Florida School for the | 
| 332 | Deaf and the Blind, must be reserved for each public school | 
| 333 | district education foundation, each regional consortium service | 
| 334 | organization education foundation, and the Florida School for | 
| 335 | the Deaf and the Blind Endowment Fund to provide each foundation | 
| 336 | and the Florida School for the Deaf and the Blind with an | 
| 337 | opportunity to receive and match appropriated funds. Trust funds | 
| 338 | that remain unmatched by contribution on April 1 of any year | 
| 339 | shall be made available for matching by any public school | 
| 340 | district education foundation, by any regional consortium | 
| 341 | service organization education foundation, and by the Florida | 
| 342 | School for the Deaf and the Blind which shall have an | 
| 343 | opportunity to apply for excess trust funds prior to the award | 
| 344 | of such funds. | 
| 345 | (b)  Matching grants shall be proportionately allocated | 
| 346 | from the trust fund on the basis of matching each $4 of state | 
| 347 | funds with $6 of private funds. To be eligible for matching, a | 
| 348 | minimum of $4,500 must be raised from private sources. | 
| 349 | (c)  Funds sufficient to provide the match shall be | 
| 350 | transferred from the state trust fund to the public school | 
| 351 | education foundation, to the regional consortium service | 
| 352 | organization education foundation, or to the Florida School for | 
| 353 | the Deaf and the Blind Endowment Fund upon notification that a | 
| 354 | proportionate amount has been received and deposited by the | 
| 355 | foundation or school into its own trust fund. | 
| 356 | (d)  If the total of the amounts to be distributed in any | 
| 357 | quarter pursuant to this subsection exceeds the amount of funds | 
| 358 | remaining from specific appropriations made for the | 
| 359 | implementation of this section, all grants shall be | 
| 360 | proportionately reduced so that the total of matching grants | 
| 361 | distributed does not exceed available appropriations. | 
| 362 | (3)  GRANT ADMINISTRATION.-- | 
| 363 | (a)  Each public school district education foundation, each | 
| 364 | regional consortium service organization education foundation, | 
| 365 | and the Florida School for the Deaf and the Blind participating | 
| 366 | in the Florida Academic Improvement Trust Fund shall separately | 
| 367 | account for all funds received pursuant to this section, and may | 
| 368 | establish its own academic improvement trust fund as a | 
| 369 | depository for the private contributions, state matching funds, | 
| 370 | and earnings on investments of such funds. State matching funds | 
| 371 | shall be transferred to the public school district education | 
| 372 | foundation, to the regional consortium service organization | 
| 373 | education foundation, or to the Florida School for the Deaf and | 
| 374 | the Blind Endowment Fund upon notification that the foundation | 
| 375 | or school has received and deposited private contributions that | 
| 376 | meet the criteria for matching as provided in this section. The | 
| 377 | public school district education foundations, the regional | 
| 378 | consortium service organization education foundations, and the | 
| 379 | Florida School for the Deaf and the Blind are responsible for | 
| 380 | the maintenance, investment, and administration of their | 
| 381 | academic improvement trust funds. | 
| 382 | (b)  The public school district education foundations, the | 
| 383 | regional consortium service organization education foundations, | 
| 384 | and the Florida School for the Deaf and the Blind shall be | 
| 385 | responsible for soliciting and receiving contributions to be | 
| 386 | deposited and matched with grants for academic achievement | 
| 387 | within the school district, school districts, or school. | 
| 388 | (c)  Each public school district education foundation, each | 
| 389 | regional consortium service organization education foundation, | 
| 390 | and the Florida School for the Deaf and the Blind shall be | 
| 391 | responsible for proper expenditure of the funds received | 
| 392 | pursuant to this section. | 
| 393 | Section 13.  Subsection (1) of section 1011.94, Florida | 
| 394 | Statutes, is amended to read: | 
| 395 | 1011.94  Trust Fund for University Major Gifts.-- | 
| 396 | (1)  There is established a Trust Fund for University Major | 
| 397 | Gifts. The purpose of the trust fund is to enable each | 
| 398 | university and New College to provide donors with an incentive | 
| 399 | in the form of matching grants for donations for the | 
| 400 | establishment of permanent endowments and sales tax exemption | 
| 401 | matching funds received pursuant to s. 212.08(5)(j), which must | 
| 402 | be invested, with the proceeds of the investment used to support | 
| 403 | libraries and instruction and research programs, as defined by | 
| 404 | the State Board of Education. All funds appropriated for the | 
| 405 | challenge grants, new donors, major gifts, sales tax exemption | 
| 406 | matching funds pursuant to s. 212.08(5)(j), or eminent scholars | 
| 407 | program may mustbe deposited into the trust fund and invested | 
| 408 | pursuant to s. 17.61 until the State Board of Education | 
| 409 | allocates the funds to universities to match private donations. | 
| 410 | Notwithstanding s. 216.301 and pursuant to s. 216.351, any | 
| 411 | undisbursed balance remaining in the trust fund and interest | 
| 412 | income accruing to the portion of the trust fund which is not | 
| 413 | matched and distributed to universities must remain in the trust | 
| 414 | fund and be used to increase the total funds available for | 
| 415 | challenge grants. Funds deposited in the trust fund for the | 
| 416 | sales tax exemption matching program authorized in s. | 
| 417 | 212.08(5)(j), and interest earnings thereon, shall be maintained | 
| 418 | in a separate account within the Trust Fund for University Major | 
| 419 | Gifts, and may be used only to match qualified sales tax | 
| 420 | exemptions that a certified business designates for use by state | 
| 421 | universities and community colleges to support research and | 
| 422 | development projects requested by the certified business. The | 
| 423 | State Board of Education may authorize any university to | 
| 424 | encumber the state matching portion of a challenge grant from | 
| 425 | funds available under s. 1011.45. | 
| 426 | Section 14.  Subsections (1) and (3) of section 1013.79, | 
| 427 | Florida Statutes, are amended to read: | 
| 428 | 1013.79  University Facility Enhancement Challenge Grant | 
| 429 | Program.-- | 
| 430 | (1)  The Legislature recognizes that the universities do | 
| 431 | not have sufficient physical facilities to meet the current | 
| 432 | demands of their instructional and research programs. It further | 
| 433 | recognizes that, to strengthen and enhance universities, it is | 
| 434 | necessary to provide facilities in addition to those currently | 
| 435 | available from existing revenue sources. It further recognizes | 
| 436 | that there are sources of private support that, if matched with | 
| 437 | state support, can assist in constructing much-needed facilities | 
| 438 | and strengthen the commitment of citizens and organizations in | 
| 439 | promoting excellence throughout the state universities. | 
| 440 | Therefore, it is the intent of the Legislature to establish a | 
| 441 | trust fund to provide the opportunity for each university to | 
| 442 | receive support for and matchchallenge grants for instructional | 
| 443 | and research-related capital facilities within the university. | 
| 444 | (3)  There is established the Alec P. Courtelis Capital | 
| 445 | Facilities Matching Trust Fund for the purpose of providing | 
| 446 | matching funds from private contributions for the development of | 
| 447 | high priority instructional and research-related capital | 
| 448 | facilities, including common areas connecting such facilities, | 
| 449 | within a university. The Legislature may shallappropriate funds | 
| 450 | to be transferred to the trust fund. The Public Education | 
| 451 | Capital Outlay and Debt Service Trust Fund, Capital Improvement | 
| 452 | Trust Fund, Division of Sponsored Research Trust Fund, and | 
| 453 | Contracts and Grants Trust Fund shall not be used as the source | 
| 454 | of the state match for private contributions. All appropriated | 
| 455 | funds deposited into the trust fund shall be invested pursuant | 
| 456 | to the provisions of s. 17.61. Interest income accruing to that | 
| 457 | portion of the trust fund shall increase the total funds | 
| 458 | available for the challenge grant program. Interest income | 
| 459 | accruing from the private donations shall be returned to the | 
| 460 | participating foundation upon completion of the project. The | 
| 461 | State Board of Education shall administer the trust fund and all | 
| 462 | related construction activities. | 
| 463 | Section 15.  This act shall take effect July 1, 2005. |