SB 190 — Higher Education

amending 1007.25, F.S.;

requiring a university to, at specified times, notify students enrolled at the university of the criteria and option to request an associate in arts degree;

requiring that universities notify students not enrolled at the university who meet specified criteria of the option of receive an associate in arts degree, beginning with students enrolled in the 2018-2019 academic year and thereafter;

amending s.

1008.32, F.S.;

requiring the Commissioner of Education to report certain audit findings to the State Board of Education under certain circumstances;

requiring district school boards and Florida College System institutions’ boards of trustees to document compliance with the law under certain circumstances;

amending s.

1008.322, F.S.;

requiring the Chancellor of the State University System to report certain audit findings to the Board of Governors under certain circumstances;

requiring state universities’ boards of trustees to document compliance with the law under certain circumstances;

amending s.

requiring an institution that receives scholarship funds for summer terms to certify to the department certain funding information and remit any undisbursed funds within a specified period of time;

reenacting and amending s.

1011.62, F.S.;

removing a requirement that the total allocation relating to the federally connected student supplement be prorated under certain circumstances;

revising the distribution formula for a certain portion of the safe schools allocation;

deleting obsolete language;

creating the funding compression allocation;

providing the purpose of the allocation;

authorizing funding for the annual allocation for specified purposes;

providing the calculation for the allocation;

deleting obsolete language;

1011.45, F.S.;

requiring each state university to maintain a minimum carry forward balance of at least 7 percent of its state operating budget;

requiring a university that fails to maintain such balance to submit a plan to the Board of Governors to attain the minimum balance;

requiring each university with a carry forward balance in excess of 7 percent to submit a spending plan to the university board of trustees;

specifying requirements and authorized expenditures in such spending plan;

requiring each university chief financial officer to certify annually the unexpended amount of carry forward amounts from specified funds;

amending s.

creating s.

1011.802, F.S.;

creating the Florida Apprenticeship Grant (FLAG) program;

providing for funding;

providing purpose, requirements, and administration of the FLAG program;

requiring certain career centers and institutions to provide quarterly reports;

authorizing rulemaking;

amending s.

1011.84, F.S.;

raising the threshold of the unencumbered balance at a Florida College System institution operating budget to 7 percent;

requiring each Florida College System institution chief financial officer to annually certify the unexpended amount of specified funds;

amending s.

1013.03, F.S.;

requiring the State Board of Education and the Board of Governors to establish uniform space utilization standards that include standards for post-secondary classroom and teaching laboratory space;

requiring the State Board of Education and the Board of Governors to adopt standards for use in each Florida College System institution’s and state university’s survey;

requiring the State Board of Education and the Board of Governors to define and apply specified space utilization metrics when calculating space need;

amending s.

1013.31, F.S.;

requiring projections for facility space needs for each Florida College System institution to comply with specified space needs utilization standards and metrics;

requiring projections for facility space needs for each state university to comply with specified space needs utilization standards and metrics;

amending s.

1013.40, F.S.;

prohibiting the finance of additional dormitory beds through the issuance of bonds by Florida College System institutions;

providing that bonds may be issued by nonpublic entities as part of a public-private partnership;

amending s.

1013.60, F.S.;

requiring the Commissioner of Education to develop a budget request allocation plan for a specified purpose;

establishing requirements for the budget request allocation plan to include an assessment over the 3 years of the plan of the amount of state funding needed to complete previously funded projects;

amending s.

1013.64, F.S.;

requiring the Board of Governors to specify by regulation the procedures for reporting or expending specified funds;

requiring each university to report expended amounts from all sources;

requiring the State Board of Education to specify by rule the procedures for the reporting of specified funds appropriated or expended;

establishing a timeframe by which the State Board of Education and Board of Governors must update the capital outlay project list, with specified criteria;

creating s.

1013.841, F.S.;

requiring unexpended amounts in any fund in any Florida College System institution current year state operating budget to be carried forward and included in the approved operating budget for the following year;

requiring each Florida College System institution with a final FTE of less than 15,000 to maintain a minimum carry forward balance of at least 5 percent of its state operating budget;

requiring each Florida College System institution president, if the institution fails to maintain such balance, to provide written notification to the State Board of Education;

requiring each Florida College System institution with a final FTE of less than 15,000 that retains a state operating fund carry forward balance in excess of 5 percent to submit a spending plan for its excess carry forward funds with specified requirements;

requiring each Florida College System institution with a final FTE of 15,000 or greater to maintain a minimum carry forward balance of at least 7 percent of its state operating budget;

requiring each Florida College System institution with a final FTE of 15,000 or greater that retains a state operating fund carry forward balance in excess 7 percent to submit a spending plan for its excess carry forward funds with specified requirements;

requiring that state university and Florida College System institution project surveys must utilize updated space need calculations;

90258 Be It Enacted by the Legislature of the State of Florida:

92260 Section 1. Effective1. Paragraph July(c) 1, 2019, and upon the expiration and reversion of the amendment made to section 1009.215, Florida Statutes, pursuant to section 13 of chapter 2018-10, Laws of Florida, subsection (3)(2) of section 1009.215,11.45, Florida Statutes, is amended to read:

11.45 Definitions;

duties;

authorities;

reports;

rules.— (2) DUTIES.—The Auditor General shall:

(c) Annually conduct financial audits of all state universities and Florida College System institutions and verify the accuracy of the amounts certified by each state university and Florida College System institution chief financial officer pursuant to ss.

1011.45 and 1011.84 state colleges.

270 The Auditor General shall perform his or her duties independently but under the general policies established by the Legislative Auditing Committee.

This subsection does not limit the Auditor General’s discretionary authority to conduct other audits or engagements of governmental entities as authorized in subsection (3).

Section 2. Subsection (3) of section 216.136, Florida Statutes, is amended to read:

216.136 Consensus estimating conferences;

duties and principals.— (3) REVENUE ESTIMATING CONFERENCE.— (a) The Revenue Estimating Conference shall develop such official information with respect to anticipated state and local government revenues as the conference determines is needed for the state planning and budgeting system.

Any principal may request the conference to review and estimate revenues for any trust fund.

(b) For each year in a forecast period, the Revenue Estimating Conference must provide a maximum appropriation estimate, which includes bonding, for funds accruing to the Public Education Capital Outlay and Debt Service Trust Fund.

The maximum available appropriation estimate for each year must assume the full utilization of available bonding capacity, as limited by s.

215.61, and the full utilization of remaining available cash balances.

(c) For each of the 2020-2021, 2021-2022, and 2022-2023 fiscal years, the conference shall also determine maximum appropriations available for funds accruing to the Public Education Capital Outlay and Debt Service Trust Fund, assuming that the bonding capacity for each year is equal to the average of annual bonding capacities, as determined under paragraph (b), of that year and the years remaining through the 2022-2023 fiscal year.

This paragraph expires July 1, 2023.

Section 3. Subsection (18) is added to section 1001.03, Florida Statutes, to read:

1001.03 Specific powers of State Board of Education.— (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of Education shall develop and submit the prioritized list required by s.

1013.64(4).

Projects considered for prioritization shall be chosen from a preliminary selection group that shall include the list of projects maintained pursuant to paragraph (d) and up to the top five ranked priorities of each Florida College System institution.

(a) The state board shall develop a points-based prioritization method to rank projects for consideration from the preliminary selection group and award points for the degree to which a project meets specific criteria compared to other projects in the preliminary selection group.

The state board shall consider criteria that evaluates the degree to which:

1. The project was previously funded by the Legislature and the amount of funds needed for completion constitute a relatively low percentage of total project costs;

2. The project represents a building maintenance project or the repair of utility infrastructure which is necessary to preserve a safe environment for students and staff, or a project that is necessary to maintain the operation of a Florida College System institution site, and for which the institution can demonstrate that it has no other funding source available to complete the project;

3. The project addresses the greatest current or projected need for space as indicated by factors such as increased instructional capacity that enhances educational opportunities for students;

4. The project reflects a ranked priority of the submitting Florida College System institution;

5. The project represents the most practical and cost effective replacement or renovation of an existing building;

and 6. The project is deemed by the state board to be integral to the mission of the system or the institution in serving the strategic needs of communities, regions, or the state.

(b) The project scoring the highest for each criterion shall be awarded the maximum points in the range of points within the points scale developed by the state board.

The state board shall weight the value of criteria such that the maximum points awarded for each criterion represents a percent of the total maximum points.

(c)1. For each Florida College System institution with a final FTE of 15,000 or greater for the prior year, a new construction, remodeling, or renovation project that has not received an appropriation in a previous year may not be considered for inclusion on the prioritized list required by s.

1013.64(4), unless:

a. The institution has allocated funding equal to at least 15 percent of the total project cost, the project is needed to preserve the safety of persons using the facility, or the project is consistent with a strategic legislative or state board initiative;

b. A plan is provided to reserve funds equal to a minimum amount determined by the state board as adequate to cover annual costs for future maintenance of the facility;

c. There are sufficient excess funds from the allocation provided pursuant to s.

1013.60 within the 3-year planning period which are not needed to complete the projects listed pursuant to paragraph (d);

and d. The project has been recommended pursuant to s.

1013.31.

2. A Florida College System institution with a final FTE of less than 15,000 for the prior year is exempt from the requirements of subparagraph (c)1.

(d) The state board shall continually maintain a list of all public education capital outlay projects for which state funds were previously appropriated and have not been completed.

The list shall include an estimate of the amount of state funding needed for the completion of each project.

(e) The state board shall review its space need calculation methodology developed pursuant to s.

1013.03(2)(a) and present a summary of its work with preliminary draft recommendations to the chairs of the House of Representatives and Senate appropriations committees by January 15, 2020, and every 3 years thereafter.

Section 4. Paragraph (f) of subsection (5) of section 1001.706, Florida Statutes, is amended, and paragraph (j) is added to subsection (3) and subsection (12) is added to that section, to read:

1001.706 Powers and duties of the Board of Governors.— (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND OPERATION OF STATE UNIVERSITIES.— (j) The Board of Governors shall develop and annually deliver a training program for members of each state university board of trustees that addresses the role of such boards in governing institutional resources and protecting the public interest.

At a minimum, each trustee must participate in the training program within 1 year of appointment and reappointment to a university board of trustees.

The program must include information on trustee responsibilities relating to all of the following:

1. Meeting the statutory, regulatory, and fiduciary obligations of the board.

2. Establishing internal process controls and accountability mechanisms for the institution’s president and other administrative officers.

3. Oversight of planning, construction, maintenance, expansion, and renovation projects that impact the university’s consolidated infrastructure, physical facilities, and natural environment, including its lands, improvements, and capital equipment.

4. Establishing policies that promote college affordability, including ensuring that the costs of university fees, textbooks, and instructional materials are minimized whenever possible.

5. Creation and implementation of institutionwide rules and regulations.

6. Institutional ethics and conflicts of interest.

7. Best practices for board governance.

8. Understanding current national and state issues in higher education.

9. Any other responsibilities the Board of Governors deems necessary or appropriate.

(5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— (f) If the Board of Governors of the State University System, the presiding officer of either house of the Legislature, the Chief Financial Officer, or a member of the board of trustees of the institution for which an investigation is sought determines that a state university board of trustees is unwilling or unable to address substantiated allegations made by any person relating to waste, fraud, or financial mismanagement within the state university, the Office of the Inspector General shall investigate the allegations.

(12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of Governors shall submit the prioritized list as required by s.

1013.64(4).

Projects considered for prioritization shall be chosen from a preliminary selection group that shall include the list of projects maintained pursuant to paragraph (d) and up to the top five ranked priorities of each state university.

(a) The board shall develop a points-based prioritization method to rank projects for consideration from the preliminary selection group and award points for the degree to which a project meets specific criteria compared to other projects in the preliminary selection group.

The board shall consider criteria that evaluates the degree to which:

1. The project was funded previously by the Legislature and the amount of funds needed for completion constitutes a relatively low percentage of total project costs;

2. The project represents a building maintenance project or the repair of utility infrastructure which is necessary to preserve a safe environment for students and staff, or a project that is necessary to maintain the operation of a university site, and for which the university can demonstrate it has no other fund source available to complete the project;

3. The project addresses the greatest current or projected need for space as indicated by factors such as increased instructional or research capacity that enhances educational opportunities for students;

4. The project reflects a ranked priority of the submitting university;

5. The project represents the most practical and cost effective replacement or renovation of an existing building;

and 6. The project is deemed integral to the mission of the system or the institution in serving the strategic needs of communities, regions, or this state.

(b) The project scoring the highest for each criterion shall be awarded the maximum points in the range of points within the points scale developed by the board.

The board shall weight the value of criteria such that the maximum points awarded for each criterion represent a percent of the total of maximum points.

(c)1. For universities with a final FTE of less than 2,000 in the prior year, a new construction, remodeling, or renovation project that has not received an appropriation in a previous year may not be considered for inclusion on the prioritized list required by s.

1013.64(4), unless:

a. The institution has allocated funding equal to a minimum amount not to exceed 10 percent of the total project cost determined appropriate by the board based on the size and unique characteristics of the institution, the project is needed to preserve the safety of persons using the facility, or the project is consistent with a strategic legislative or board initiative;

b. A plan is provided to reserve funds equal to a minimum amount determined by the board as adequate to cover annual costs for future maintenance of the facility;

c. There are sufficient excess funds from the allocation provided pursuant to s.

1013.60 within the 3-year planning period which are not needed to complete the projects listed pursuant to paragraph (d);

and d. The project has been recommended pursuant to s.

1013.31.

2. For universities with a final FTE of 2,000 or greater in the prior year, a new construction, remodeling, or renovation project that has not received an appropriation in a previous year may not be considered for inclusion on the prioritized list required by s.

1013.64(4), unless:

a. The institution has allocated funding equal to no less than 15 percent of the total project cost, unless a smaller amount is approved by supermajority vote of the board based on university size or unique characteristics, the project is needed to preserve the safety of persons using the facility, or the project is consistent with a strategic legislative or board initiative;

b. A plan is provided to reserve funds equal to a minimum amount determined by the board as adequate to cover annual costs for future maintenance of the facility;

c. There are sufficient excess funds from the allocation provided pursuant to s.

1013.60 within the 3-year planning period which are not needed to complete the projects listed pursuant to paragraph (d);

and d. The project has been recommended pursuant to s.

1013.31.

(d) The board shall continually maintain a list of all public education capital outlay projects for which state funds were previously appropriated which have not been completed.

The list shall include an estimate of the amount of state funding needed for the completion of each project.

(e) The board shall review its space need calculation methodology developed pursuant to s.

1013.03(2)(a) and present a summary of its work with preliminary draft recommendations to the chairs of the House of Representatives and Senate appropriations committees by January 15, 2020, and every 3 years thereafter.

Section 5. Paragraph (d) of subsection (4) of section 1004.70, Florida Statutes, is amended to read:

1004.70 Florida College System institution direct-support organizations.— (4) ACTIVITIES;

RESTRICTIONS.— (d) A Florida College System institution direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee as defined in s.

106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the Florida College System institution.

Section 6. Subsections (7) and (8) are added to section 1007.23, Florida Statutes, to read:

1007.23 Statewide articulation agreement.— (7) The articulation agreement must specifically provide for a reverse transfer agreement for Florida College System associate in arts degree-seeking students who transfer to a state university before earning an associate in arts degree.

Students must be awarded an associate in arts degree by the Florida College System institution upon completion of degree requirements at the state university if the student earned more than 30 credit hours toward the associate in arts degree from the Florida College System institution.

State universities must identify students who have completed the requirements for the associate in arts degree and, upon student consent, transfer credits earned at the state university back to the Florida College System institution so that the associate in arts degree may be awarded by the Florida College System institution.

(8) By the 2019-2020 academic year, to strengthen Florida’s “2+2” system of articulation and improve student retention and on-time graduation, each Florida College System institution shall execute at least one “2+2” targeted pathway articulation agreement with one or more state universities, and each state university shall execute at least one such agreement with one or more Florida College System institutions to establish “2+2” targeted pathway programs.

The agreement must provide students who graduate with an associate in arts degree and who meet specified requirements guaranteed access to the state university and a degree program at that university, in accordance with the terms of the “2+2” targeted pathway articulation agreement.

(a) To participate in a “2+2” targeted pathway program, a student must:

1. Enroll in the program before completing 30 credit hours, including, but not limited to, college credits earned through articulated acceleration mechanisms pursuant to s.

1007.27;

2. Complete an associate in arts degree;

and 3. Meet the university’s transfer requirements.

(b) A state university that executes a “2+2” targeted pathway articulation agreement must meet the following requirements in order to implement a “2+2” targeted pathway program in collaboration with its partner Florida College System institution:

1. Establish a 4-year, on-time graduation plan for a baccalaureate degree program, including, but not limited to, a plan for students to complete associate in arts degree programs, general education courses, common prerequisite courses, and elective courses;

2. Advise students enrolled in the program about the university’s transfer and degree program requirements;

and 3. Provide students who meet the requirements under this paragraph with access to academic advisors and campus events and with guaranteed admittance to the state university and a degree program of the state university, in accordance with the terms of the agreement.

(c) To assist the state universities and Florida College System institutions with implementing the “2+2” targeted pathway programs effectively, the State Board of Education and the Board of Governors shall collaborate to eliminate barriers in executing “2+2” targeted pathway articulation agreements.

Section 7. Subsection (11) of section 1007.25, Florida Statutes, is amended to read:

1007.25 General education courses;

common prerequisites;

other degree requirements.— (11) Students at state universities may request an associate in arts degree certificates if they have successfully completed the minimum requirements for the degree of associate in arts (A.A.).

The university must grant the student an associate in arts degree if the student has successfully completed minimum requirements for the associate in arts degree, as determined by the state university college-level communication and computation skills adopted by the State Board of Education and 60 academic semester hours or the equivalent within a degree program area, including 36 semester hours in general education courses in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences, consistent with the general education requirements specified in the articulation agreement pursuant to s.

1007.23.

The university must notify students of the criteria and process for requesting an associate in arts degree during orientation.

Additional notification must be provided to each student enrolled at the university upon completion of the requirements for an associate in arts degree.

Beginning with students enrolled at the university in the 2018-2019 academic year and thereafter, the university must also notify any student who has not graduated from the university of the option and process to request an associate in arts degree if that student has completed the requirements for an associate in arts degree but has not reenrolled at the university in the subsequent fall semester and thereafter.

Section 8. Subsection (2) of section 1008.32, Florida Statutes, is amended to read:

1008.32 State Board of Education oversight enforcement authority.—The State Board of Education shall oversee the performance of district school boards and Florida College System institution boards of trustees in enforcement of all laws and rules.

District school boards and Florida College System institution boards of trustees shall be primarily responsible for compliance with law and state board rule.

(2)(a) The Commissioner of Education may investigate allegations of noncompliance with law or state board rule and determine probable cause.

The commissioner shall report determinations of probable cause to the State Board of Education which shall require the district school board or Florida College System institution board of trustees to document compliance with law or state board rule.

(b) The Commissioner of Education shall report to the State Board of Education any findings by the Auditor General that a district school board or Florida College System institution is acting without statutory authority or contrary to general law.

The State Board of Education shall require the district school board or Florida College System institution board of trustees to document compliance with such law.

Section 9. Subsection (3) of section 1008.322, Florida Statutes, is amended to read:

1008.322 Board of Governors oversight enforcement authority.— (3)(a) The Chancellor of the State University System may investigate allegations of noncompliance with any law or Board of Governors’ rule or regulation and determine probable cause.

The chancellor shall report determinations of probable cause to the Board of Governors, which may require the university board of trustees to document compliance with the law or Board of Governors’ rule or regulation.

(b) The Chancellor of the State University System shall report to the Board of Governors any findings by the Auditor General that a university is acting without statutory authority or contrary to general law.

The Board of Governors shall require the university board of trustees to document compliance with such law.

Section 10. Effective July 1, 2019, and upon the expiration and reversion of the amendment made to section 1009.215, Florida Statutes, pursuant to section 13 of chapter 2018-10, Laws of Florida, subsection (3) of section 1009.215, Florida Statutes, is amended to read:

Section 2. Subsections11. Subsections (1), (2), and (3), paragraph (a) of subsection (4), subsection (5), and subsection (7) of section 1009.53, Florida Statutes, are amended to read:

Section 3. Section12. Section 1009.531, Florida Statutes, is amended to read:

324889 The department may assign additional weights to courses, other than those described in paragraphs (a) and (b), that are identified by the Department of Education as containing rigorous academic curriculum and performance standards.

Section 4. Section13. Section 1009.532, Florida Statutes, is amended to read:

Section 5. Subsections14. Subsections (3), (4), and (5) of section 1009.536, Florida Statutes, are amended to read:

Section 6. Paragraph15. Section (d)1011.45, of subsection (13) and subsection (15) of section 1011.62, Florida Statutes, are amended, and subsection (17) of that section is reenactedamended and amended, to read:

1011.62 Funds1011.45 End for operation of schools.—Ifyear thebalance annualof allocationfunds.—Unexpended fromamounts thein Floridaany Educationfund Financein Programa touniversity eachcurrent districtyear foroperating operationbudget ofshall schoolsbe iscarried notforward determinedand inincluded as the annualbalance appropriationsforward actfor orthat thefund substantivein bill implementing the annualapproved appropriationsoperating act,budget itfor shallthe befollowing determinedyear. as follows:

(13) FEDERALLY(1) Each CONNECTEDuniversity STUDENTshall SUPPLEMENT.—Themaintain federallya connectedminimum studentcarry supplementforward isbalance createdof toat provideleast supplemental7 fundingpercent for school districts to support the education of studentsits connectedstate withoperating federallybudget. owned military installations, National Aeronautics and Space Administration (NASA) real property, and Indian lands.

ToIf bea eligibleuniversity forfails thisto supplement,maintain a 7 percent balance in state operating funds, the districtuniversity mustshall besubmit eligiblea forplan federalto Impactthe AidBoard Programof Governors to attain the minimum percent balance of state operating funds underwithin s.the next fiscal year.

8003(2) Each ofuniversity Titlethat VIIIretains a state operating fund carry forward balance in excess of the Elementary7 andpercent Secondaryminimum Educationshall Actsubmit ofa 1965.spending plan for its excess carry forward balance.

The supplementspending plan shall be allocatedsubmitted annually to eachthe eligibleuniversity’s schoolboard districtof intrustees thefor Generalapproval Appropriationsand Act.publishing by September 1, 2019, and each September 1 thereafter.

The supplementBoard of Governors shall bepublish theeach sumuniversity’s ofcarry theforward studentspending allocationplan by October 1, 2019, and aneach exemptOctober property1 allocation.thereafter.

(d) The(3) A amountuniversity’s allocatedcarry forforward eachspending eligibleplan school district shall beinclude recalculated during the yearestimated usingcost actualper studentplanned membership,expenditure asand amended,a fromtimeline thefor mostcompletion recentof February survey and the tax-exemptexpenditure, valuationwhen fromappropriate. the most recent assessment roll.

UponAuthorized recalculation,expenditures if the total allocation is greater than the amount provided in thea Generalcarry Appropriationsforward Act,spending itplan mustmay beinclude: prorated to the level of the appropriation based on each district’s share of the total recalculated amount.

(15) SAFE(a) Commitment SCHOOLSof ALLOCATION.—Afunds safeto schoolsa allocationpublic iseducation createdcapital tooutlay provideproject fundingfor towhich assistan schoolappropriation districtswas previously provided that requires additional funds for completion and which is included in theirthe compliancelist withrequired by s.

1006.07,1001.706(12)(d); with priority given to implementing the district’s school resource officer program pursuant to s.

1006.12.(b) Completion of a renovation, repair, or maintenance project that is consistent with the provisions of s.

Each1013.64(1), schoolup districtto shall$5 receivemillion aper minimumproject; safe schools allocation in an amount provided in the General Appropriations Act.

Of(c) Completion the remaining balance of thea saferemodeling schoolsor allocation,infrastructure one-thirdproject, two-thirdsincluding shalla beproject allocatedfor toa schooldevelopment districtsresearch basedschool, onup theto most$10 recentmillion officialper Floridaproject, Crimeif Indexsuch providedproject byis thesurvey Departmentrecommended ofpursuant Lawto Enforcements. and two-thirds one-third shall be allocated based on each school district’s proportionate share of the state’s total unweighted full-time equivalent student enrollment.

Any1013.31; additional funds appropriated to this allocation in the 2018-2019 fiscal year to the school resource officer program established pursuant to s.

1006.12(d) Completion shallof bea usedrepair exclusively for employing or contractingreplacement forproject schoolnecessary resourcedue officers, which shall be in addition to thedamage numbercaused ofby officersa employednatural ordisaster contracted for buildings included in the 2017-2018inventory fiscalrequired year.pursuant to s.

(17) FUNDING1013.31; COMPRESSION ALLOCATION.—The Legislature may provide an annual funding compression allocation in the General Appropriations Act.

The(e) Operating allocationexpenditures isthat createdsupport tothe provideuniversity additionalmission funding to school districts and developmentalthat researchare schoolsnonrecurring; whose total funds per FTE in the prior year were less than the statewide average.

Usingand the(f) Any mostpurpose recentapproved priorby year FEFP calculation for each eligible school district, the totalboard fundsor perspecified FTEin shall be subtracted from the stateGeneral averageAppropriations fundsAct. per FTE, not including any adjustments made pursuant to paragraph (18)(b).

The(4) Annually, resultingby fundsAugust per15, FTEthe difference,chief orfinancial aofficer portionof thereof,each asuniversity designatedshall incertify the unexpended amount of funds appropriated to the university from the General AppropriationsRevenue Act,Fund, shallthe thenEducational beEnhancement multipliedTrust byFund, and the schoolEducation/General district’sStudent totaland unweightedOther FTEFees toTrust provideFund as of June 30 of the allocation.previous fiscal year.

IfSection the16. Paragraph calculated(b) fundsof aresubsection greater(6) thanof thesection amount1011.80, includedFlorida inStatutes, theis Generalamended Appropriations Act, they must be prorated to theread: appropriation amount based on each participating school district’s share.

This subsection expires July 1, 2019.

Section 7. Paragraph (b) of subsection (6) of section 1011.80, Florida Statutes, is amended to read:

Section 8. Paragraph17. Section (c)1011.802, of subsection (2) of section 1011.81, Florida Statutes, is amendedcreated to read:

1011.802 FLAG program.— (1) Subject to appropriations provided in the General Appropriations Act, the Florida Apprenticeship Grant (FLAG) program is created to provide grants to high schools, career centers, charter technical career centers, Florida College System institutions, and other entities authorized to sponsor an apprenticeship or preapprenticeship program, as defined in s.

446.021, on a competitive basis to establish new apprenticeship or preapprenticeship programs and expand existing apprenticeship or preapprenticeship programs.

The Department of Education shall administer the grant program.

(2) Applications must contain projected enrollment and projected costs for the new or expanded apprenticeship program.

(3) The department shall give priority to apprenticeship programs with demonstrated regional demand.

Grant funds may be used for instructional equipment, supplies, personnel, student services, and other expenses associated with the creation or expansion of an apprenticeship program.

Grant funds may not be used for recurring instructional costs or for indirect costs.

Grant recipients must submit quarterly reports in a format prescribed by the department.

(4) The State Board of Education may adopt rules to administer this section.

Section 18. Paragraph (c) of subsection (2) of section 1011.81, Florida Statutes, is amended to read:

Section 9. This19. Paragraph act(e) shallof takesubsection effect(3) Julyof 1,section 2019.1011.84, Florida Statutes, is amended to read:

1011.84 Procedure for determining state financial support and annual apportionment of state funds to each Florida College System institution district.—The procedure for determining state financial support and the annual apportionment to each Florida College System institution district authorized to operate a Florida College System institution under the provisions of s.

1001.61 shall be as follows:

(3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.— (e) If at any time the unencumbered balance in the general fund of the Florida College System institution board of trustees approved operating budget goes below 7 5 percent, the president shall provide written notification to the State Board of Education.

Annually, by August 15, the chief financial officer of each Florida College System institution shall certify the unexpended amount of state funds remaining in the general fund of an institution as of June 30 of the previous fiscal year.

Section 20. Subsection (2) of section 1013.03, Florida Statutes, is amended to read:

1013.03 Functions of the department and the Board of Governors.—The functions of the Department of Education as it pertains to educational facilities of school districts and Florida College System institutions and of the Board of Governors as it pertains to educational facilities of state universities shall include, but not be limited to, the following:

(2) Establish, for the purpose of determining need, equitably uniform utilization standards for all types of like space, regardless of the level of education, that includes standards for post-secondary classroom and teaching laboratory space.

These standards shall also establish, for postsecondary education classrooms, a minimum room utilization rate of 40 hours per week and a minimum station utilization rate of 60 percent.

These rates shall be subject to increase based on national norms for utilization of postsecondary education classrooms.

The State Board of Education and the Board of Governors shall adopt standards, with justification, for use in each Florida College System institution’s survey and state university’s survey, respectively, as applied pursuant to s.

1013.31.

(a) The boards must define and apply, at minimum, the following space utilization metrics when calculating space need:

1. For postsecondary education classroom space, a minimum room utilization rate and a minimum station utilization rate.

2. For postsecondary education nonvocational, teaching laboratory space, a minimum room utilization rate and a minimum station utilization rate.

(b) Each state university and Florida College System institution shall determine full-time equivalent enrollment estimate adjustments to account for online students.

(c) By January 1, 2021, the Board of Governors for state universities and the State Board of Education for Florida College System institutions shall each provide on its website the most recent summary survey data by state university or Florida College System institution, as applicable, showing space needs met for each campus by type of space.

The format shall be consistent across all state universities and all Florida College System institutions.

Section 21. Paragraph (c) of subsection (1) of section 1013.31, Florida Statutes, is amended to read:

1013.31 Educational plant survey;

localized need assessment;

PECO project funding.— (1) At least every 5 years, each board shall arrange for an educational plant survey, to aid in formulating plans for housing the educational program and student population, faculty, administrators, staff, and auxiliary and ancillary services of the district or campus, including consideration of the local comprehensive plan.

The Department of Education shall document the need for additional career and adult education programs and the continuation of existing programs before facility construction or renovation related to career or adult education may be included in the educational plant survey of a school district or Florida College System institution that delivers career or adult education programs.

Information used by the Department of Education to establish facility needs must include, but need not be limited to, labor market data, needs analysis, and information submitted by the school district or Florida College System institution.

(c) Required need assessment criteria for district, Florida College System institution, state university, and Florida School for the Deaf and the Blind plant surveys.—Educational plant surveys must use uniform data sources and criteria specified in this paragraph.

Each revised educational plant survey and each new educational plant survey supersedes previous surveys.

1. The school district’s survey must be submitted as a part of the district educational facilities plan defined in s.

1013.35.

To ensure that the data reported to the Department of Education as required by this section is correct, the department shall annually conduct an onsite review of 5 percent of the facilities reported for each school district completing a new survey that year.

If the department’s review finds the data reported by a district is less than 95 percent accurate, within 1 year from the time of notification by the department the district must submit revised reports correcting its data.

If a district fails to correct its reports, the commissioner may direct that future fixed capital outlay funds be withheld until such time as the district has corrected its reports so that they are not less than 95 percent accurate.

2. Each survey of a special facility, joint-use facility, or cooperative career education facility must be based on capital outlay full-time equivalent student enrollment data prepared by the department for school districts and Florida College System institutions and by the Chancellor of the State University System for universities.

A survey of space needs of a joint-use facility shall be based upon the respective space needs of the school districts, Florida College System institutions, and universities, as appropriate.

Projections of a school district’s facility space needs may not exceed the norm space and occupant design criteria established by the State Requirements for Educational Facilities.

3. Each Florida College System institution’s survey must reflect the capacity of existing facilities as specified in the inventory maintained by the Department of Education.

Projections of facility space needs must comply with standards for determining space needs as specified by rule of the State Board of Education, consistent with the standards and metrics adopted pursuant to s.

1013.03(2)(a).

The 5-year projection of capital outlay student enrollment must be consistent with the annual report of capital outlay full-time student enrollment prepared by the Department of Education.

4. Each state university’s survey must reflect the capacity of existing facilities as specified in the inventory maintained and validated by the Chancellor of the State University System.

Projections of facility space needs must be consistent with standards for determining space needs as specified by regulation of the Board of Governors, consistent with the standards and metrics adopted pursuant to s.

1013.03(2)(a).

The projected capital outlay full-time equivalent student enrollment must be consistent with the 5-year planned enrollment cycle for the State University System approved by the Board of Governors.

5. The district educational facilities plan of a school district and the educational plant survey of a Florida College System institution, state university, or the Florida School for the Deaf and the Blind may include space needs that deviate from approved standards for determining space needs if the deviation is justified by the district or institution and approved by the department or the Board of Governors, as appropriate, as necessary for the delivery of an approved educational program.

Section 22. Subsection (4) of section 1013.40, Florida Statutes, is amended to read:

1013.40 Planning and construction of Florida College System institution facilities;

property acquisition.— (4) The campus of a Florida College System institution within a municipality designated as an area of critical state concern, as defined in s.

380.05, and having a comprehensive plan and land development regulations containing a building permit allocation system that limits annual growth, may construct dormitories for up to 300 beds for Florida College System institution students.

Such dormitories are exempt from the building permit allocation system and may be constructed up to 45 feet in height if the dormitories are otherwise consistent with the comprehensive plan, the Florida College System institution has a hurricane evacuation plan that requires all dormitory occupants to be evacuated 48 hours in advance of tropical force winds, and transportation is provided for dormitory occupants during an evacuation.

State funds and tuition and fee revenues may not be used for construction, debt service payments, maintenance, or operation of such dormitories.

Additional dormitory beds constructed after July 1, 2016, may not be financed through the issuance of bonds by the Florida College System institution;

however, bonds may be issued by nonpublic entities as part of a public-private partnership between the college and a nonpublic entity.

Section 23. Subsections (2) and (3) of section 1013.60, Florida Statutes, are renumbered as subsections (3) and (4), respectively, subsection (1) of that section is amended, and a new subsection (2) is added to that section, to read:

1013.60 Legislative capital outlay budget request.— (1) The Commissioner of Education shall develop a budget request allocation plan procedure deemed appropriate in arriving at the appropriate amounts required to fund each project projects as reflected in the integrated, comprehensive budget request required by this section.

The official estimates for funds accruing to the Public Education Capital Outlay and Debt Service Trust Fund made by the Revenue Estimating Conference shall be used in determining the budget request pursuant to this section.

The commissioner, in consultation with the appropriations committees of the Legislature, shall provide annually an estimate of funds that shall be utilized by Florida College System institutions and universities in developing their required 3-year prioritized priority lists pursuant to s.

1013.64.

(2) The commissioner shall include with the submission of each updated budget request allocation plan an assessment over the 3 years of the plan of the amount of state funding needed to complete previously funded projects compared to the amount of funds provided in the Public Education Capital Outlay and Debt Service Trust Fund for projects funded in a prior year and which require additional state funds for completion.

Section 24. Paragraph (a) of subsection (4) of section 1013.64, Florida Statutes, is amended, and paragraphs (i) and (j) are added to subsection (1) of that section, to read:

1013.64 Funds for comprehensive educational plant needs;

construction cost maximums for school district capital projects.—Allocations from the Public Education Capital Outlay and Debt Service Trust Fund to the various boards for capital outlay projects shall be determined as follows:

(1) (i) The Board of Governors shall specify by regulation the procedures for the reporting of funds appropriated or expended pursuant to this section or s.

1011.45.

Each university shall report the amounts expended by the university from all sources, including, but not limited to, the Public Education Capital Outlay and Debt Service Trust Fund and carry forward funds.

(j) The State Board of Education shall specify by rule the procedures for the reporting of funds appropriated or expended pursuant to this section or s.

1013.841.

Each Florida College System institution shall report the amounts expended by the institution from all sources, including, but not limited to, the Public Education Capital Outlay and Debt Service Trust Fund and carry forward funds.

(4)(a) Florida College System institution boards of trustees and university boards of trustees shall receive funds for projects based on a 3-year prioritized priority list, to be updated annually, which is submitted to the Legislature in the legislative budget request at least 90 days before prior to the legislative session.

The State Board of Education shall submit a 3-year prioritized priority list for Florida College System institutions, and the Board of Governors shall submit a 3-year prioritized priority list for universities to the Legislature not later than 60 days before each regular legislative session which shall be updated upon request after subsequent estimating conferences.

The sum of each year’s project lists must consider the total amount to be distributed for construction and renovation provided for each year pursuant to the 3-year budget request allocation plan developed by the Commissioner of Education pursuant to s.

1013.60.

The lists shall reflect decisions by the State Board of Education pursuant to s.

1001.03 for Florida College System institutions and the Board of Governors pursuant to s.

1001.706 for state universities concerning program priorities that implement the statewide plan for program growth and quality improvement in education.

No remodeling or renovation project shall be included on the 3-year priority list unless the project has been recommended pursuant to s.

1013.31 or is for the purpose of correcting health and safety deficiencies.

No new construction project shall be included on the first year of the 3-year priority list unless the educational specifications have been approved by the commissioner for a Florida College System institution project or by the Board of Governors for a university project, as applicable.

The funds requested for a new construction project in the first year of the 3-year priority list shall be in conformance with the scope of the project as defined in the educational specifications.

Any new construction project requested in the first year of the 3-year priority list which is not funded by the Legislature shall be carried forward to be listed first in developing the updated 3-year priority list for the subsequent year’s capital outlay budget.

Should the order of the priority of the projects change from year to year, a justification for such change shall be included with the updated priority list.

Section 25. Section 1013.841, Florida Statutes, is created to read:

1013.841 End of year balance of Florida College System institution funds.— (1) Unexpended amounts in any fund in any Florida College System institution current year state operating budget shall be carried forward and included as the balance forward for that fund in the approved operating budget for the following year.

(2)(a) Each Florida College System institution with a final FTE less than 15,000 for the prior year shall maintain a minimum carry forward balance of at least 5 percent of its state operating budget.

If a Florida College System institution fails to maintain a 5 percent balance in state operating funds, the president shall provide written notification to the State Board of Education.

(b) Each Florida College System institution with a final FTE less than 15,000 for the prior year that retains a state operating fund carry forward balance in excess of the 5 percent minimum shall submit a spending plan for its excess carry forward balance.

The spending plan shall include all excess carry forward funds from state operating funds.

The spending plan shall be submitted to the Florida College System institution’s board of trustees for approval and publishing by September 1, 2019, and each September 1 thereafter.

(3)(a) Each Florida College System institution with a final FTE of 15,000 or greater for the prior year shall maintain a minimum carry forward balance of at least 7 percent of its state operating budget.

If a Florida College System institution fails to maintain a 7 percent balance in state operating funds, the institution shall submit a plan to the State Board of Education to attain the minimum balance.

(b) Each Florida College System institution with a final FTE of 15,000 or greater for the prior year that retains a state operating fund carry forward balance in excess of the 7 percent minimum shall submit a spending plan for its excess carry forward balance.

The spending plan shall include all excess carry forward funds from state operating funds.

The spending plan shall be submitted to the Florida College System institution’s board of trustees for approval and publishing by September 1, 2019, and each September 1 thereafter.

The Florida College System institution shall submit approved plans to the State Board of Education for publication and review by October 1, 2019, and each October 1 thereafter.

(4) A Florida College System institution identified in paragraph (3)(a) must include in its carry forward spending plan the estimated cost per planned expenditure and a timeline for completion of the expenditure.

Authorized expenditures in a carry forward spending plan may include:

(a) Commitment of funds to a public education capital outlay project for which an appropriation was previously provided, which requires additional funds for completion, and which is included in the list required by s.

1001.03(18)(d);

(b) Completion of a renovation, repair, or maintenance project that is consistent with the provisions of s.

1013.64(1), up to $5 million per project;

(c) Completion of a remodeling or infrastructure project, up to $10 million per project, if such project is survey recommended pursuant to s.

1013.31;

(d) Completion of a repair or replacement project necessary due to damage caused by a natural disaster for buildings included in the inventory required pursuant to s.

1013.31;

and (e) Operating expenditures that support the Florida College System institution’s mission which are nonrecurring.

(f) Any purpose approved by the state board or specified in the General Appropriations Act.

Section 26. By December 1, 2020, all survey recommended projects for each state university and Florida College System institution shall be reviewed and revised to incorporate the updated space need calculation requirements as specified in s.

1013.31(1)(c), Florida Statutes.

Section 27. This act shall take effect July 1, 2019.