ENROLLED 2023 Legislature CS for SB 7026, 2nd Engrossed 20237026er 1 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 providing requirements for certain contracts executed 8 or amended before a specified date; amending s. 9 1009.26, F.S.; providing that certain fee waivers 10 apply to Florida College System institutions in 11 addition to state universities; authorizing a state 12 university or Florida College System institution to 13 waive the out-of-state fee for a student who is an 14 intercollegiate athlete receiving a scholarship; 15 amending s. 1011.45, F.S.; revising the list of 16 authorized expenditures that may be included in a 17 carry forward spending plan for state universities; 18 amending s. 1012.886, F.S.; revising the amount a 19 Florida College System administrative employee may 20 receive in remuneration; amending s. 1012.978, F.S.; 21 requiring university boards of trustees to submit an 22 annual report to the Board of Governors when awarding 23 bonuses; requiring the board to develop a regulation; 24 amending s. 1013.841, F.S.; revising the list of 25 authorized expenditures that may be included in a 26 carry forward spending plan for Florida College System 27 institutions; amending s. 1012.976, F.S.; revising 28 definitions; defining the term public funds; 29 revising a limitation on compensation for state 30 university employees; amending s. 1013.45, F.S.; 31 providing that certain educational facility 32 contracting and construction techniques applicable to 33 school districts also apply to Florida College System 34 institutions; amending s. 1013.64, F.S.; deleting cost 35 and size limitations applicable to minor facilities; 36 providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1.Paragraph (a) of subsection (7) of section 41 1001.706, Florida Statutes, is amended to read: 42 1001.706Powers and duties of the Board of Governors. 43 (7)POWERS AND DUTIES RELATING TO PROPERTY. 44 (a)The Board of Governors shall develop guidelines for 45 university boards of trustees relating to the acquisition of 46 real and personal property and the sale and disposal thereof and 47 the approval and execution of contracts for the purchase, sale, 48 lease, license, or acquisition of commodities, goods, equipment, 49 contractual services, leases of real and personal property, and 50 construction. The acquisition may include purchase by 51 installment or lease-purchase. Such contracts may provide for 52 payment of interest on the unpaid portion of the purchase price. 53 Title to all real property acquired before prior to January 7, 54 2003, and to all real property acquired with funds appropriated 55 by the Legislature shall be vested in the Board of Trustees of 56 the Internal Improvement Trust Fund and shall be transferred and 57 conveyed by it. 58 1.No later than October 1, 2023, the Board of Governors 59 shall develop regulations for university boards of trustees 60 relating to the procedures for contracting for professional 61 services as defined in s. 287.055 and for the construction of 62 new facilities or for the remodeling, renovation, or maintenance 63 of or additions or repairs to existing facilities. The 64 regulations must include, but are not limited to, competitive 65 bids, design-build, and selection of a construction management 66 entity. Contracts executed, extended, or amended on or before 67 September 30, 2023, must comply with the requirements of s. 68 287.055. 69 2.Notwithstanding any other provisions of this subsection, 70 each board of trustees shall comply with the provisions of s. 71 287.055 for the procurement of professional services as defined 72 therein. any acquisition pursuant to this paragraph is subject 73 to the provisions of s. 1010.62. 74 Section 2.Subsections (2) and (4) of section 1009.26, 75 Florida Statutes, are amended, and subsection (21) is added to 76 that section, to read: 77 1009.26Fee waivers. 78 (2)A state university or Florida College System 79 institution may waive any or all application, tuition, or and 80 related fees for persons who supervise student interns for a 81 state university. 82 (4)A state university or Florida College System 83 institution may waive any or all application, tuition, or and 84 related fees for persons 60 years of age or older who are 85 residents of this state and who attend classes for credit. No 86 Academic credit may not shall be awarded for attendance in 87 classes for which fees are waived under this subsection. This 88 privilege may be granted only on a space-available basis, if 89 such classes are not filled as of the close of registration. A 90 university may limit or deny the privilege for courses that 91 which are in programs for which the Board of Governors has 92 established selective admissions criteria. Persons paying full 93 fees and state employees taking courses on a space-available 94 basis shall have priority over those persons whose fees are 95 waived in all cases where classroom spaces are limited. 96 (21)A state university or Florida College System 97 institution may waive the out-of-state fee for a student who is 98 an intercollegiate athlete receiving an athletic scholarship. 99 Section 3.Subsection (3) of section 1011.45, Florida 100 Statutes, is amended to read: 101 1011.45End of year balance of funds.Unexpended amounts in 102 any fund in a university current year operating budget shall be 103 carried forward and included as the balance forward for that 104 fund in the approved operating budget for the following year. 105 (3)A universitys carry forward spending plan must shall 106 include the estimated cost per planned expenditure and a 107 timeline for completion of the expenditure. Authorized 108 expenditures in a carry forward spending plan may include: 109 (a)Commitment of funds to a public education capital 110 outlay project for which an appropriation has previously been 111 provided that requires additional funds for completion and which 112 is included in the list required by s. 1001.706(12)(d); 113 (b)Completion of a renovation, repair, or maintenance 114 project that is consistent with the provisions of s. 1013.64(1) 115 or, up to $5 million per project and replacement of a minor 116 facility that does not exceed 10,000 gross square feet in size 117 up to $2 million; 118 (c)Completion of a remodeling or infrastructure project, 119 including a project for a developmental research school, up to 120 $10 million per project, if such project is survey recommended 121 pursuant to s. 1013.31; 122 (d)Completion of a repair or replacement project necessary 123 due to damage caused by a natural disaster for buildings 124 included in the inventory required pursuant to s. 1013.31; 125 (e)Operating expenditures that support the universitys 126 university mission and that are nonrecurring; 127 (f)Any purpose specified by the board or in the General 128 Appropriations Act, including the requirements in s. 129 1001.706(12)(c) or similar requirements pursuant to Board of 130 Governors regulations; and 131 (g)A commitment of funds to a contingency reserve for 132 expenses incurred as a result of a state of emergency declared 133 by the Governor pursuant to s. 252.36. 134 Section 4.Subsection (2) of section 1012.886, Florida 135 Statutes, is amended to read: 136 1012.886Remuneration of Florida College System institution 137 administrative employees; limitations. 138 (2)LIMITATION ON COMPENSATION.Notwithstanding any other 139 law, resolution, or rule to the contrary, a Florida College 140 System institution administrative employee may not receive more 141 than $250,000 $200,000 in remuneration annually from 142 appropriated state funds. Only compensation, as such term is 143 defined in s. 121.021(22), provided to a Florida College System 144 institution administrative employee may be used in calculating 145 benefits under chapter 121. 146 Section 5.Section 1012.978, Florida Statutes, is amended 147 to read: 148 1012.978Bonuses for state university system employees. 149 Notwithstanding s. 215.425(3), a university board of trustees 150 may implement a bonus scheme based on awards for work 151 performance or employee recruitment and retention. The board of 152 trustees must submit an annual report to the Board of Governors 153 when awarding bonuses the bonus scheme, including the evaluation 154 criteria by which a bonus will be awarded. The Board of 155 Governors shall develop a regulation to ensure consistency in 156 the implementation of this section must approve any bonus scheme 157 created under this section before its implementation. 158 Section 6.Subsection (4) of section 1013.841, Florida 159 Statutes, is amended to read: 160 1013.841End of year balance of Florida College System 161 institution funds. 162 (4)A Florida College System institution identified in 163 paragraph (3)(b) must include in its carry forward spending plan 164 the estimated cost per planned expenditure and a timeline for 165 completion of the expenditure. Authorized expenditures in a 166 carry forward spending plan may include: 167 (a)Commitment of funds to a public education capital 168 outlay project for which an appropriation was previously 169 provided, which requires additional funds for completion, and 170 which is included in the list required by s. 1001.03(18)(d); 171 (b)Completion of a renovation, repair, or maintenance 172 project that is consistent with the provisions of s. 1013.64(1) 173 or replacement of a minor facility, up to $5 million per 174 project; 175 (c)Completion of a remodeling or infrastructure project, 176 up to $10 million per project, if such project is survey 177 recommended pursuant to s. 1013.31; 178 (d)Completion of a repair or replacement project necessary 179 due to damage caused by a natural disaster for buildings 180 included in the inventory required pursuant to s. 1013.31; 181 (e)Operating expenditures that support the Florida College 182 System institutions mission which are nonrecurring; 183 (f)Any purpose approved by the state board or specified in 184 the General Appropriations Act; and 185 (g)A commitment of funds to a contingency reserve for 186 expenses incurred as a result of a state of emergency declared 187 by the Governor pursuant to s. 252.36. 188 Section 7.Section 1012.976, Florida Statutes, is amended 189 to read: 190 1012.976Remuneration of state university employees; 191 limitations. 192 (1)DEFINITIONS.As used in this section, the term: 193 (a)Appropriated state funds means funds appropriated 194 from the General Revenue Fund or funds appropriated from state 195 trust funds. 196 (b)Cash-equivalent compensation means any benefit that 197 may be assigned an equivalent cash value. 198 (b)Public funds means funds appropriated from the 199 General Revenue Fund, funds appropriated from state trust funds, 200 or tuition and fees. 201 (c)Remuneration means salary, bonuses, and cash 202 equivalent compensation paid to a state university employee by 203 his or her employer for work performed, excluding health 204 insurance benefits and retirement benefits. 205 (2)LIMITATION ON COMPENSATION.Notwithstanding any other 206 law, resolution, or rule to the contrary, a state university 207 employee may not receive more than $250,000 $200,000 in 208 remuneration annually from public appropriated state funds. Only 209 compensation, as such term is defined in s. 121.021(22), 210 provided to a state university employee may be used in 211 calculating benefits under chapter 121. 212 (3)EXCEPTIONS.This section does not prohibit any party 213 from providing cash or cash-equivalent compensation from funds 214 that are not public appropriated state funds to a state 215 university employee in excess of the limit in subsection (2). If 216 a party is unable or unwilling to fulfill an obligation to 217 provide cash or cash-equivalent compensation to a state 218 university employee as permitted under this subsection, public 219 appropriated state funds may not be used to fulfill such 220 obligation. This section does not apply to university teaching 221 faculty in instructional programs classified as Computer 222 Information Sciences and Support Services; Engineering; 223 Engineering Technologies and Engineering-Related Fields; Florida 224 Mental Health Institute; Health Professions and Related 225 Programs; Homeland Security, Law Enforcement, Firefighting, and 226 Related Fields; Mathematics; Nursing; or Physical Sciences; or 227 to medical school faculty or staff. 228 Section 8.Section 1013.45, Florida Statutes, is amended to 229 read: 230 1013.45Educational facilities contracting and construction 231 techniques for school districts and Florida College System 232 institutions. 233 (1)District school boards and boards of trustees of 234 Florida College System institutions may employ procedures to 235 contract for construction of new facilities, or for additions, 236 remodeling, renovation, maintenance, or repairs to existing 237 facilities, which that will include, but are not be limited to: 238 (a)Competitive bids. 239 (b)Design-build pursuant to s. 287.055. 240 (c)Selecting a construction management entity, pursuant to 241 s. 255.103 or the process provided by s. 287.055, that would be 242 responsible for all scheduling and coordination in both design 243 and construction phases and is generally responsible for the 244 successful, timely, and economical completion of the 245 construction project. The construction management entity must 246 consist of or contract with licensed or registered professionals 247 for the specific fields or areas of construction to be 248 performed, as required by law. At the option of the board, the 249 construction management entity, after having been selected, may 250 be required to offer a guaranteed maximum price or a guaranteed 251 completion date; in which case, the construction management 252 entity must secure an appropriate surety bond pursuant to s. 253 255.05 and must hold construction subcontracts. The criteria for 254 selecting a construction management entity may shall not 255 unfairly penalize an entity that has relevant experience in the 256 delivery of construction projects of similar size and complexity 257 by methods of delivery other than construction management. 258 (d)Selecting a program management entity, pursuant to s. 259 255.103 or the process provided by s. 287.055, that would act as 260 the agent of the board and would be responsible for schedule 261 control, cost control, and coordination in providing or 262 procuring planning, design, and construction services. The 263 program management entity must consist of or contract with 264 licensed or registered professionals for the specific areas of 265 design or construction to be performed as required by law. The 266 program management entity may retain necessary design 267 professionals selected under the process provided in s. 287.055. 268 At the option of the board, the program management entity, after 269 having been selected, may be required to offer a guaranteed 270 maximum price or a guaranteed completion date, in which case the 271 program management entity must secure an appropriate surety bond 272 pursuant to s. 255.05 and must hold design and construction 273 subcontracts. The criteria for selecting a program management 274 entity may shall not unfairly penalize an entity that has 275 relevant experience in the delivery of construction programs of 276 similar size and complexity by methods of delivery other than 277 program management. 278 (e)Day-labor contracts not exceeding $280,000 for 279 construction, renovation, remodeling, or maintenance of existing 280 facilities. This amount shall be adjusted annually based upon 281 changes in the Consumer Price Index. 282 (2)For the purposes of this section, day-labor contract 283 means a project constructed using persons employed directly by a 284 board or by contracted labor. 285 (3)Contractors, design-build firms, contract management 286 entities, program management entities, or any other person under 287 contract to construct facilities or major additions to 288 facilities may use any construction techniques allowed by 289 contract and not prohibited by law, including, but not limited 290 to, those techniques known as fast-track construction 291 scheduling, use of components, and systems building process. 292 (4)Except as otherwise provided in this section and s. 293 481.229, the services of a registered architect must be used for 294 the development of plans for the erection, enlargement, or 295 alteration of any educational facility. The services of a 296 registered architect are not required for a minor renovation 297 project for which the construction cost is less than $50,000 or 298 for the placement or hookup of relocatable educational 299 facilities that conform to with standards adopted under s. 300 1013.37. However, boards must provide compliance with building 301 code requirements and ensure that these structures are 302 adequately anchored for wind resistance as required by law. A 303 district school board shall reuse existing construction 304 documents or design criteria packages if such reuse is feasible 305 and practical. If a school districts 5-year educational 306 facilities work plan includes the construction of two or more 307 new schools for students in the same grade group and program, 308 such as elementary, middle, or high school, the district school 309 board must shall require that prototype design and construction 310 be used for the construction of these schools. Notwithstanding 311 s. 287.055, a board may purchase the architectural services for 312 the design of educational or ancillary facilities under an 313 existing contract agreement for professional services held by a 314 district school board in the State of Florida, provided that the 315 purchase is to the economic advantage of the purchasing board, 316 the services conform to the standards prescribed by rules of the 317 State Board of Education, and such reuse is not without notice 318 to, and permission from, the architect of record whose plans or 319 design criteria are being reused. Plans must shall be reviewed 320 for compliance with the State Requirements for Educational 321 Facilities. Rules adopted under this section must establish 322 uniform prequalification, selection, bidding, and negotiation 323 procedures applicable to construction management contracts and 324 the design-build process. This section does not supersede any 325 small, woman-owned, or minority-owned business enterprise 326 preference program adopted by a board. Except as otherwise 327 provided in this section, the negotiation procedures applicable 328 to construction management contracts and the design-build 329 process must conform to the requirements of s. 287.055. A board 330 may not modify any rules regarding construction management 331 contracts or the design-build process. 332 Section 9.Paragraph (h) of subsection (1) of section 333 1013.64, Florida Statutes, is amended to read: 334 1013.64Funds for comprehensive educational plant needs; 335 construction cost maximums for school district capital 336 projects.Allocations from the Public Education Capital Outlay 337 and Debt Service Trust Fund to the various boards for capital 338 outlay projects shall be determined as follows: 339 (1) 340 (h)University boards of trustees may utilize funds 341 appropriated pursuant to this section for replacement of minor 342 facilities provided that such projects do not exceed $1 million 343 in cost or 10,000 gross square feet in size. Minor facilities 344 may not be replaced from funds provided pursuant to this section 345 unless the board determines that the cost of repair or 346 renovation is greater than or equal to the cost of replacement. 347 Section 10.This act shall take effect July 1, 2023.