Florida 2022 Regular Session

Florida House Bill H1015 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to the Architect Education Minority 2
1616 Assistance Program; creating s. 481.2095, F.S.; 3
1717 creating the program within the Department of Business 4
1818 and Professional Regulation; providing a purpose for 5
1919 the program; requiring the Architect Education 6
2020 Minority Assistance Advisory Council to assist the 7
2121 Board of Architecture and Interior Design with 8
2222 administering the program; providing funding 9
2323 requirements for scholarships provided under the 10
2424 program; requiring that funds be deposited into a 11
2525 specified account in the Professional Regulation Trust 12
2626 Fund; capping the amount of funds that the department 13
2727 may spend annually on the program; requiring that 14
2828 funds for scholarships be disbursed twice each year; 15
2929 authorizing the Chief Financial Officer to invest 16
3030 funds in the program account in a specified manner; 17
3131 requiring that all earned interest from such 18
3232 investments be credited to the program account; 19
3333 requiring the board to adopt rules; specifying that 20
3434 certain determinations made by the board are not 21
3535 agency actions for the purposes of the Administrative 22
3636 Procedure Act; prohibiting a person or his or her 23
3737 agent from knowingly filing documents with the board 24
3838 which contain false information or material 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 misstatements of fact; providing criminal penalties; 26
5252 creating the council within the department; providing 27
5353 requirements for council membership; specifying that 28
5454 the council membership of a member with certain 29
5555 absences is void; req uiring council members to serve 30
5656 without compensation; providing an exception; 31
5757 providing an effective date. 32
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5959 Be It Enacted by the Legislature of the State of Florida: 34
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6161 Section 1. Section 481.2095, Florida Statutes, is created 36
6262 to read: 37
6363 481.2095 The Architect Education Minority Assistance 38
6464 Program; Architect Education Minority Assistance Advisory 39
6565 Council.— 40
6666 (1) The Architect Education Minority Assistance Program is 41
6767 created within the department for the purpose of providing 42
6868 scholarships to minority pe rsons as defined in s. 288.703 who 43
6969 are residents of this state and who are students enrolled in 44
7070 their fifth year of an architectural education program 45
7171 accredited by the National Architecture Accrediting Board at an 46
7272 institution in this state. The Architect Education Minority 47
7373 Assistance Advisory Council created in subsection (6) shall 48
7474 assist the board in administering the program. 49
7575 (2) All funds used to provide scholarships under the 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 program must be derived from a portion of existing license fees 51
8989 established under s. 481.207, not to exceed $10 per license, and 52
9090 must be deposited into the Professional Regulation Trust Fund in 53
9191 a separate account maintained for that purpose. The department 54
9292 may spend up to $200,000 per year from such account for the 55
9393 program but may not allocate overhead charges to the account. 56
9494 Funds for scholarships must be disbursed twice each year as 57
9595 recommended by the advisory council and approved by the board, 58
9696 based on eligibility criteria adopted by board rule and a 59
9797 comparative evaluation of a ll applicants. The Chief Financial 60
9898 Officer may invest funds in the program account, subject to the 61
9999 same limitations that apply to the investment of other state 62
100100 funds, and all interest earned thereon must be credited to the 63
101101 program account. 64
102102 (3) The board shall adopt rules to administer the program, 65
103103 including rules relating to the following: 66
104104 (a) Eligibility criteria for receipt of a scholarship, 67
105105 which, at a minimum, must include the following factors: 68
106106 1. Financial need; 69
107107 2. Status as a minority person as defined in s. 288.703; 70
108108 and 71
109109 3. Scholastic ability and performance. 72
110110 (b) Scholarship application procedures. 73
111111 (c) Scholarship amounts, the timeframe for payments or 74
112112 partial payments, and criteria governing how scholarship funds 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 may be spent by the rec ipient. 76
126126 (d) The total amount of scholarship funds which can be 77
127127 awarded each year. 78
128128 (e) The minimum balance that must be maintained in the 79
129129 program account. 80
130130 (4) Determinations made by the board regarding recipients 81
131131 of scholarship funds are not agency actions for purposes of 82
132132 chapter 120. 83
133133 (5) A person or his or her agent may not knowingly file 84
134134 with the board any notice, statement, or other document that is 85
135135 false or that contains any material misstatement of fact. A 86
136136 person who violates this subsection commits a misdemeanor of the 87
137137 second degree, punishable as provided in s. 775.082 or s. 88
138138 775.083. 89
139139 (6) The Architect Education Minority Assistance Advisory 90
140140 Council, an advisory council as defined in s. 20.03(7), is 91
141141 created within the department to assist the board in 92
142142 administering the program. Except as otherwise provided in this 93
143143 section, the advisory council shall operate in a manner 94
144144 consistent with s. 20.052. The council membership must be 95
145145 diverse and representative of mi nority persons as defined in s. 96
146146 288.703. 97
147147 (a) The council shall consist of five architects licensed 98
148148 under this chapter appointed by the board. Of the five council 99
149149 members, one must be a board member, who shall serve as chair of 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 the council; two must be re presentatives of the American 101
163163 Institute of Architects, Florida Section; one must be a 102
164164 representative of the National Organization of Minority 103
165165 Architects; and one must be appointed as a member -at-large. At 104
166166 least one member of the council must be a woman. 105
167167 (b) The board shall determine the terms for initial 106
168168 appointments, which must be staggered, and appointments 107
169169 thereafter. 108
170170 (c) Any vacancy on the council must be filled in the same 109
171171 manner as the initial appointment. Any member appointed to fill 110
172172 a vacancy of an unexpired term shall be appointed for the 111
173173 remainder of that term. 112
174174 (d) The council membership of any member who has three 113
175175 consecutive absences or absences constituting 50 percent or more 114
176176 of the council's meetings within any 12 -month period is void and 115
177177 the member's position is deemed vacant. 116
178178 (e) Council members shall serve without compensation, and 117
179179 any necessary and actual expenses incurred by a member while 118
180180 engaged in the business of the council must be borne by such 119
181181 member or by the organization or agency such member represents. 120
182182 However, a board member who serves as a member of the council 121
183183 must be compensated in accordance with ss. 112.061 and 122
184184 455.207(4). 123
185185 Section 2. This act shall take effect July 1, 2022. 124