Florida Senate - 2023 (PROPOSED BILL) SPB 7026 FOR CONSIDERATION By the Appropriations Committee on Education 602-02371A-23 20237026pb 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 amending s. 1009.26, F.S.; authorizing a state 8 university to waive the out-of-state fee for a student 9 who is an intercollegiate athlete receiving a 10 scholarship; amending ss. 1011.45 and 1013.841, F.S.; 11 revising the list of authorized expenditures that may 12 be included in a carry forward spending plan for state 13 universities and Florida College System institutions, 14 respectively; amending s. 1012.976, F.S.; revising a 15 limitation on compensation for state university 16 employees; amending s. 1013.45, F.S.; providing that 17 certain educational facility contracting and 18 construction techniques applicable to school districts 19 also apply to Florida College System institutions; 20 amending s. 1013.64, F.S.; deleting cost and size 21 limitations applicable to minor facilities; providing 22 an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1.Paragraph (a) of subsection (7) of section 27 1001.706, Florida Statutes, is amended to read: 28 1001.706Powers and duties of the Board of Governors. 29 (7)POWERS AND DUTIES RELATING TO PROPERTY. 30 (a)The Board of Governors shall develop guidelines for 31 university boards of trustees relating to the acquisition of 32 real and personal property and the sale and disposal thereof and 33 the approval and execution of contracts for the purchase, sale, 34 lease, license, or acquisition of commodities, goods, equipment, 35 contractual services, leases of real and personal property, and 36 construction. The acquisition may include purchase by 37 installment or lease-purchase. Such contracts may provide for 38 payment of interest on the unpaid portion of the purchase price. 39 Title to all real property acquired before prior to January 7, 40 2003, and to all real property acquired with funds appropriated 41 by the Legislature shall be vested in the Board of Trustees of 42 the Internal Improvement Trust Fund and shall be transferred and 43 conveyed by it. The Board of Governors shall develop regulations 44 for university boards of trustees relating to the procedures for 45 contracting for the construction of new facilities, or for 46 additions, remodeling, renovation, maintenance, or repairs to 47 existing facilities. The regulations must include, but are not 48 limited to, competitive bids, design-build, and selection of a 49 construction management entity Notwithstanding any other 50 provisions of this subsection, each board of trustees shall 51 comply with the provisions of s. 287.055 for the procurement of 52 professional services as defined therein. Any acquisition 53 pursuant to this paragraph is subject to the provisions of s. 54 1010.62. 55 Section 2.Subsection (21) is added to section 1009.26, 56 Florida Statutes, to read: 57 1009.26Fee waivers. 58 (21)A state university may waive the out-of-state fee for 59 a student who is an intercollegiate athlete receiving an 60 athletic scholarship. 61 Section 3.Subsection (3) of section 1011.45, Florida 62 Statutes, is amended to read: 63 1011.45End of year balance of funds.Unexpended amounts in 64 any fund in a university current year operating budget shall be 65 carried forward and included as the balance forward for that 66 fund in the approved operating budget for the following year. 67 (3)A universitys carry forward spending plan must shall 68 include the estimated cost per planned expenditure and a 69 timeline for completion of the expenditure. Authorized 70 expenditures in a carry forward spending plan may include: 71 (a)Commitment of funds to a public education capital 72 outlay project for which an appropriation has previously been 73 provided that requires additional funds for completion and which 74 is included in the list required by s. 1001.706(12)(d); 75 (b)Completion of a renovation, repair, or maintenance 76 project that is consistent with the provisions of s. 1013.64(1), 77 up to $5 million per project and replacement of a minor facility 78 that does not exceed 10,000 gross square feet in size up to $2 79 million; 80 (c)Completion of a remodeling or infrastructure project, 81 including a project for a developmental research school, up to 82 $10 million per project, if such project is survey recommended 83 pursuant to s. 1013.31; 84 (d)Completion of a repair or replacement project necessary 85 due to damage caused by a natural disaster for buildings 86 included in the inventory required pursuant to s. 1013.31; 87 (e)Operating expenditures that support the universitys 88 university mission and that are nonrecurring; 89 (f)Any purpose specified by the board or in the General 90 Appropriations Act, including the requirements in s. 91 1001.706(12)(c) or similar requirements pursuant to Board of 92 Governors regulations; and 93 (g)A commitment of funds to a contingency reserve for 94 expenses incurred as a result of a state of emergency declared 95 by the Governor pursuant to s. 252.36. 96 Section 4.Subsection (4) of section 1013.841, Florida 97 Statutes, is amended to read: 98 1013.841End of year balance of Florida College System 99 institution funds. 100 (4)A Florida College System institution identified in 101 paragraph (3)(b) must include in its carry forward spending plan 102 the estimated cost per planned expenditure and a timeline for 103 completion of the expenditure. Authorized expenditures in a 104 carry forward spending plan may include: 105 (a)Commitment of funds to a public education capital 106 outlay project for which an appropriation was previously 107 provided, which requires additional funds for completion, and 108 which is included in the list required by s. 1001.03(18)(d); 109 (b)Completion of a renovation, repair, or maintenance 110 project that is consistent with the provisions of s. 1013.64(1) 111 and replacement of a minor facility, up to $5 million per 112 project; 113 (c)Completion of a remodeling or infrastructure project, 114 up to $10 million per project, if such project is survey 115 recommended pursuant to s. 1013.31; 116 (d)Completion of a repair or replacement project necessary 117 due to damage caused by a natural disaster for buildings 118 included in the inventory required pursuant to s. 1013.31; 119 (e)Operating expenditures that support the Florida College 120 System institutions mission which are nonrecurring; 121 (f)Any purpose approved by the state board or specified in 122 the General Appropriations Act; and 123 (g)A commitment of funds to a contingency reserve for 124 expenses incurred as a result of a state of emergency declared 125 by the Governor pursuant to s. 252.36. 126 Section 5.Subsection (2) of section 1012.976, Florida 127 Statutes, is amended to read: 128 1012.976Remuneration of state university employees; 129 limitations. 130 (2)LIMITATION ON COMPENSATION.Notwithstanding any other 131 law, resolution, or rule to the contrary, a state university 132 employee may not receive more than $250,000 $200,000 in 133 remuneration annually from appropriated state funds. Only 134 compensation, as such term is defined in s. 121.021(22), 135 provided to a state university employee may be used in 136 calculating benefits under chapter 121. 137 Section 6.Section 1013.45, Florida Statutes, is amended to 138 read: 139 1013.45Educational facilities contracting and construction 140 techniques for school districts and Florida College System 141 institutions. 142 (1)District school boards and boards of trustees of 143 Florida College System institutions may employ procedures to 144 contract for construction of new facilities, or for additions, 145 remodeling, renovation, maintenance, or repairs to existing 146 facilities, which that will include, but are not be limited to: 147 (a)Competitive bids. 148 (b)Design-build pursuant to s. 287.055. 149 (c)Selecting a construction management entity, pursuant to 150 s. 255.103 or the process provided by s. 287.055, that would be 151 responsible for all scheduling and coordination in both design 152 and construction phases and is generally responsible for the 153 successful, timely, and economical completion of the 154 construction project. The construction management entity must 155 consist of or contract with licensed or registered professionals 156 for the specific fields or areas of construction to be 157 performed, as required by law. At the option of the board, the 158 construction management entity, after having been selected, may 159 be required to offer a guaranteed maximum price or a guaranteed 160 completion date; in which case, the construction management 161 entity must secure an appropriate surety bond pursuant to s. 162 255.05 and must hold construction subcontracts. The criteria for 163 selecting a construction management entity may shall not 164 unfairly penalize an entity that has relevant experience in the 165 delivery of construction projects of similar size and complexity 166 by methods of delivery other than construction management. 167 (d)Selecting a program management entity, pursuant to s. 168 255.103 or the process provided by s. 287.055, that would act as 169 the agent of the board and would be responsible for schedule 170 control, cost control, and coordination in providing or 171 procuring planning, design, and construction services. The 172 program management entity must consist of or contract with 173 licensed or registered professionals for the specific areas of 174 design or construction to be performed as required by law. The 175 program management entity may retain necessary design 176 professionals selected under the process provided in s. 287.055. 177 At the option of the board, the program management entity, after 178 having been selected, may be required to offer a guaranteed 179 maximum price or a guaranteed completion date, in which case the 180 program management entity must secure an appropriate surety bond 181 pursuant to s. 255.05 and must hold design and construction 182 subcontracts. The criteria for selecting a program management 183 entity may shall not unfairly penalize an entity that has 184 relevant experience in the delivery of construction programs of 185 similar size and complexity by methods of delivery other than 186 program management. 187 (e)Day-labor contracts not exceeding $280,000 for 188 construction, renovation, remodeling, or maintenance of existing 189 facilities. This amount shall be adjusted annually based upon 190 changes in the Consumer Price Index. 191 (2)For the purposes of this section, day-labor contract 192 means a project constructed using persons employed directly by a 193 board or by contracted labor. 194 (3)Contractors, design-build firms, contract management 195 entities, program management entities, or any other person under 196 contract to construct facilities or major additions to 197 facilities may use any construction techniques allowed by 198 contract and not prohibited by law, including, but not limited 199 to, those techniques known as fast-track construction 200 scheduling, use of components, and systems building process. 201 (4)Except as otherwise provided in this section and s. 202 481.229, the services of a registered architect must be used for 203 the development of plans for the erection, enlargement, or 204 alteration of any educational facility. The services of a 205 registered architect are not required for a minor renovation 206 project for which the construction cost is less than $50,000 or 207 for the placement or hookup of relocatable educational 208 facilities that conform to with standards adopted under s. 209 1013.37. However, boards must provide compliance with building 210 code requirements and ensure that these structures are 211 adequately anchored for wind resistance as required by law. A 212 district school board shall reuse existing construction 213 documents or design criteria packages if such reuse is feasible 214 and practical. If a school districts 5-year educational 215 facilities work plan includes the construction of two or more 216 new schools for students in the same grade group and program, 217 such as elementary, middle, or high school, the district school 218 board must shall require that prototype design and construction 219 be used for the construction of these schools. Notwithstanding 220 s. 287.055, a board may purchase the architectural services for 221 the design of educational or ancillary facilities under an 222 existing contract agreement for professional services held by a 223 district school board in the State of Florida, provided that the 224 purchase is to the economic advantage of the purchasing board, 225 the services conform to the standards prescribed by rules of the 226 State Board of Education, and such reuse is not without notice 227 to, and permission from, the architect of record whose plans or 228 design criteria are being reused. Plans must shall be reviewed 229 for compliance with the State Requirements for Educational 230 Facilities. Rules adopted under this section must establish 231 uniform prequalification, selection, bidding, and negotiation 232 procedures applicable to construction management contracts and 233 the design-build process. This section does not supersede any 234 small, woman-owned, or minority-owned business enterprise 235 preference program adopted by a board. Except as otherwise 236 provided in this section, the negotiation procedures applicable 237 to construction management contracts and the design-build 238 process must conform to the requirements of s. 287.055. A board 239 may not modify any rules regarding construction management 240 contracts or the design-build process. 241 Section 7.Paragraph (h) of subsection (1) of section 242 1013.64, Florida Statutes, is amended to read: 243 1013.64Funds for comprehensive educational plant needs; 244 construction cost maximums for school district capital 245 projects.Allocations from the Public Education Capital Outlay 246 and Debt Service Trust Fund to the various boards for capital 247 outlay projects shall be determined as follows: 248 (1) 249 (h)University boards of trustees may utilize funds 250 appropriated pursuant to this section for replacement of minor 251 facilities provided that such projects do not exceed $1 million 252 in cost or 10,000 gross square feet in size. Minor facilities 253 may not be replaced from funds provided pursuant to this section 254 unless the board determines that the cost of repair or 255 renovation is greater than or equal to the cost of replacement. 256 Section 8.This act shall take effect July 1, 2023.