F.S POSTSECONDARY EDUCATION Ch Postsecondary education programs of excellence. cation.-

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1 F.S POSTSECONDARY EDUCATION Ch. 240 of any fiscal period may be used during any succeeding period pursuant to this section. (5) The Florida High Technology and Industry Council shall recommend financial support for research programs in advanced technology from the Advanced Technology Fund. Funds may be allocated for the purchase of equipment and fixtures, employment of faculty and support staff, provision of fellowships, and other purposes approved by the council and the university. No such funds shall be used for capital construction. Each designated research program shall match its allocation from the fund with an amount at least equal to the allocation from private or public, nonstate funds. (6) The Board of Regents may allocate moneys from the Advanced Technology Fund to universities or university-affiliated research agencies for the purpose of planning and program development for future designation as research programs in advanced technology. Such moneys shall be awarded based on the same application process as used in the designation of research programs and shall be awarded only to universities and institutions whose evaluations yield a reasonable expectation of future research program priority designation. No applicant shall receive more than one award per fiscal year pursuant to this subsection. (7) No university or university-affiliated program shall derive overhead from moneys awarded through the Advanced Technology Fund. History.-s. 7, ch Incubator facilities program.- (1) Each research and development park established pursuant toss may provide incubator facilities to eligible small business concerns. As used in this section, "small business concern" shall be defined as an independently owned and operated business concern incorporated in Florida which is not an affiliate or a subsidiary of a business dominant in its field of operation and which employs 25 or fewer full-time employees. "Incubator facility" shall be defined as a facility in which small business concerns share common space, equipment, and support personnel and through which such concerns have access to professional consultants for advice related to the technical and business aspects of conducting a commercial enterprise. The park authority shall authorize concerns for inclusion in the incubator facility. (2) Each research and development park authority that provides an incubator facility shall provide the fol lowing: (a) Management and maintenance of the incubator facility; (b) Secretarial and other support personnel, equipment, and utilities; and (c) Mechanisms to assist with the acquisition of technical, management, and entrepreneurial expertise to resident and other local small business concerns. (3) The incubator facility and any improvements to the facility shall be owned by the research and development park authority. The park authority may charge residents of the facility all or part of the cost for facilities, utilities, and support personnel and equipment. No small business concern shall reside in the incubator facility for more than 2 calendar years. The state shall not be liable for any act or failure to act of any small business concern residing in an incubator facility pursuant to this section or of any such concern benefiting from the incubator facilities program. History.- s. 8, ch Postsecondary education programs of excellence in mathematics, science, and computer edu cation.- (1) From funding provided in the General Appropriations Act, the Department of Education shall approve plans to promote excellence in mathematics,. science, and computer education. Funds shall be d1stnbuted to state universities and community colleges as provided in the General Appropriations Act to provide one or more of the following : (a) Cooperative programs involving postsecondary institutions and private industry to promote excellence in mathematics, science, and computer education. (b) Cooperative programs involving public school districts to provide enrichment experiences to public school students in mathematics, science, and computer education. (c) Training programs to enable teachers to make better use of scientific and technical equipment. (d) Instructional research grants to faculty to establish summer courses or research projects wh1ch w1ll allow more students to study engineering, mathematics, science, and computer skills (e) Encouragement of faculty upgrading whereby existing faculty are given the opportunity to update the1r training in the newest technologies and processes. (f) Joint appointments with industry whereby Industry provides full-time appointments for faculty members in coordination of full-time appointments of industry personnel to state universities and community colleges to teach engineering, computer science, mathematics, or science courses. (2) From funds provided in the General Appropriations Act, the Department of Education is authorized to award feasibility planning grants to state universities or community colleges to establish or expand centers for academically talented students in mathematics, science, and computer education in kindergarten through grade 12.. (3) From funds provided in the General Appropnations Act, the Department of Education is authorized to approve plans for the purchase and ma1ntenance of scientific and technical equipment used in mathematics, science, and computer skills education. (4) This section shall be implemented in the school year and thereafter only to the extent as specifically funded and authorized by law. History.-ss. 7, 23, ch : s. 6, ch Florida Prepaid Postsecondary Education Expense Program.-. (1) The Legislature recognizes that educational opportunity at the postsecondary level1s a cnt1cal state Interest. It further recognizes that educational opportun1ty is best ensured through the provision of postsecondary institutions that are geographically and financially accessible. Accordingly, it is the intent of the Legislature

2 Ch. 240 POSTSECONDARY EDUCATION F.S that a program be established through which many of the costs associated with postsecondary attendance may be paid in advance and fixed at a guaranteed level for the duration of undergraduate enrollment. It is similarly the intent of the Legislature to provide a program that fosters timely financial planning for postsecondary attendance and to encourage employer participation in such planning through program contributions on behalf of employees and the dependents of employees. (2) As used in this section: (a) "Advance payment contract" means a contract entered into by the board and a purchaser pursuant to this section. (b) "Board" means the Prepaid Postsecondary Education Expense Board. (c) "Fund" means the Prepaid Postsecondary Education Expense Trust Fund. (d) "Purchaser" means a person who makes or is obligated to make advance registration or dormitory residence payments in accordance with an advance payment contract. (e) "Qualified beneficiary" means a resident of this state at the time a purchaser enters into an advance payment contract on behalf of the resident. (f) "State postsecondary institution" means any community college identified ins or university identified in s (g) "Program" means the Florida Prepaid Postsecondary Education Expense Program. (h) "Registration fee" means matriculation fee, financial aid fee, building fee, and Capital Improvement Trust Fund fee. (3) There is created a Florida Prepaid Postsecondary Education Expense Program to provide a medium through which the cost of registration and dormitory residence may be paid in advance of enrollment in a state postsecondary institution at a rate lower than the projected corresponding cost at the time of actual enrollment. Such payments shall be combined and invested in a manner that yields, at a minimum, sufficient interest to generate the difference between the prepaid amount and the cost of registration and dormitory residence at the time of actual enrollment. Students who enroll in a state postsecondary institution pursuant to this section shall be charged no fees in excess of the terms delineated in the advance payment contract. (4) There is created the Prepaid Postsecondary Education Expense Trust Fund. The fund shall consist of state appropriations, moneys acquired from other governmental or private sources, and moneys remitted in accordance with advance payment contracts. All funds deposited into the trust fund may be invested pursuant to s ; however, such investment shall not be mandatory. Interest income accruing to the trust fund shall increase the total funds available for the program. Any balance contained within the fund at the end of a fiscal year shall remain therein and shall be available for carrying out the purposes of the program. In the event that interest income exceeds the amount necessary for program administration and disbursements, the board may designate an additional percentage of the fund to serve as a contingency fund. Moneys contained within the 1752 fund shall be exempt from the investment requirements of s (5) The Florida Prepaid Postsecondary Education Expense Program shall be administered by the Prepaid Postsecondary Education Expense Board. The Prepaid Postsecondary Education Expense Board is hereby created as a body corporate with all the powers of a body corporate for the purposes delineated in this section. The board shall be assigned to and administratively housed within the Division of Treasury of the Department of Insurance, but it shall independently exercise the powers and duties specified in this section. The board shall consist of seven members to be composed of the Insurance Commissioner and Treasurer, Comptroller, Chancellor of the Board of Regents, Executive Director of the State Board of Community Colleges, and three members appointed by the Governor and subject to confirmation by the Senate. Each member appointed by the Governor shall possess knowledge, skill, and experience in the areas of accounting, actuary, risk management, or investment management. Each member of the board not appointed by the Governor may name a designee to serve the board on behalf of the member; however, any designee so named shall meet the qualifications required of gubernatorial appointees to the board. Members appointed by the Governor shall serve terms of 3 years, except that in making the initial appointments, the Governor shall appoint one member to serve for 1 year, one member to serve for 2 years, and one member to serve for 3 years. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term. Any member shall be eligible for reappointment and shall serve until a successor qualifies. Members of the board shall serve without compensation, but shall be reimbursed for per diem and travel in accordance with s Each member of the board shall file a full and public disclosure of his financial interests pursuant to s. 8, Art. II of the State Constitution and corresponding statute. (a) The Governor shall appoint a member of the board to serve as the initial chairman of the board. Thereafter, the board shall elect a chairman annually. The board shall annually elect a board member to serve as vice chairman and shall designate a secretarytreasurer who need not be a member of the board. The secretary-treasurer shall keep a record of the proceedings of the board and shall be the custodian of all printed material filed with or by the board and of its official seal. Notwithstanding the existence of vacancies on the board, a majority of the members shall constitute a quorum. The board shall take no official action in the absence of a quorum. The board shall meet, at a minimum, on a quarterly basis at the call of the chairman. (b) The board shall appoint an executive director to serve as the chief administrative and operational officer of the board and to perform other duties assigned to him by the board. (c) The board shall have the powers necessary or proper to carry out the provisions of this section, including, but not limited to, the power to: 1. Adopt an official seal and bylaws. 2. Sue and be sued.

3 F.S POSTSECONDARY EDUCATION Ch Make and execute contracts and other necessary instruments. 4. Establish agreements or other transactions with federal, state, and local agencies, including state universities and community colleges. 5. Invest funds not required for immediate disbursement. 6. Appear in its own behalf before boards, commissions, or other governmental agencies. 7. Hold, buy, and sell any instruments, obligations, securities, and property determined appropriate by the board. 8. Require a reasonable length of state residence for qualified beneficiaries. 9. Restrict the number of participants in the community college plan, university plan, and dormitory residence plan, respectively. However, any person denied participation solely on the basis of such restriction shall be granted priority for participation during the succeeding year. 10. Segregate contributions and payments to the fund into various accounts and funds. 11. Contract for necessary goods and services, employ necessary personnel, and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for administrative or technical assistance. 12. Solicit and accept gifts, grants, loans, and other aids from any source or participate in any other way in any government program to carry out the purposes of this section. 13. Require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into an advance payment contract on a fraudulent basis. 14. Procure insurance against any loss in connection with the property, assets, and activities of the fund or the board. 15. Impose reasonable time limits on use of the tuition benefits provided by the program. However, any such limitation shall be specified within the advance payment contract. 16. Delineate the terms and conditions under which payments may be withdrawn from the fund and impose reasonable fees and charges for such withdrawal. Such terms and conditions shall be specified within the advance payment contract. 17. Provide for the receipt of contributions in lump sums or installment payments. 18. Establish other policies, procedures, and criteria to implement and administer the provisions of this section. (d) The board shall administer the fund in a manner that is sufficiently actuarially sound to defray the obligations of the program. The board shall annually evaluate or cause to be evaluated the actuarial soundness of the fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, the board may adjust the terms of subsequent advance payment contracts to ensure such soundness. (e) The board shall establish a comprehensive investment plan for the purposes of this section. The board may place assets of the fund in savings accounts 1753 or use the same to purchase fixed or variable life insurance or annuity contracts, securities, evidence of indebtedness, or other investment products pursuant to the comprehensive investment plan and in such proportions as may be designated or approved under that plan. Such insurance, annuity, savings, or investment products shall be underwritten and offered in compliance with the applicable federal and state laws, regulations, and rules by persons who are duly authorized by applicable federal and state authorities. Within the comprehensive investment plan, the board may authorize investment vehicles, or products incident thereto, as may be available or offered by qualified companies or persons. (f) The board may delegate responsibility for administration of the comprehensive investment plan required in paragraph (e) to a person the board determines to be qualified. Such person shall be compensated by the board. Directly or through such person, the board may contract with a private corporation or institution to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board or such person, including, but not limited to, providing consolidated billing, individual and collective recordkeeping and accountings, and asset purchase, control, and safekeeping. (g) The board shall annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the fund and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, and members of the State Board of Education on or before November 15 each year. In addition, the board shall make the report available to purchasers of advance payment contracts. The accounts of the fund shall be subject to annual audits by the Auditor General or his designee. (h) The board shall solicit answers to applicable ruling requests from the Internal Revenue Service regarding the tax status of fees paid pursuant to an advance payment contract to the purchaser or qualified beneficiary and from the Securities and Exchange Commission regarding the application of federal securities laws to the trust. The board shall make the status of such requests known before entering into an advance payment contract. (i) The board shall solicit proposals for the marketing of the Florida Prepaid Postsecondary Education Expense Program pursuant to s The entity designated pursuant to this paragraph shall serve as a centralized marketing agent for the program and shall be solely responsible for the marketing of the program. Any materials produced for the purpose of marketing the program shall be submitted to the board for review. No such materials shall be made available to the public before the materials are approved by the board. Any educational institution may distribute marketing materials produced for the program; however, all such materials shall have been approved by the board prior to distribution. Neither the state nor the board shall be liable for misrepresentation of the program by a marketing agent.

4 Ch.240 POSTSECONDARY EDUCATION F.S (6)(a) The board shall construct advance payment contracts for registration and advance payment contracts for dormitory residence in accordance with the provisions of this section. Advance payment contracts constructed for the purposes of this section shall be exempt from the provisions of the Florida Insurance Code. The board may request assistance from the Department of Legal Affairs in the development of the advance payment contracts. The contents of both such contracts shall include, but not be limited to, the following : 1. The amount of the payment or payments and the number of payments required from a purchaser on behalf of a qualified beneficiary. 2. The terms and conditions under which purchasers shall remit payments, including, but not limited to, the date or dates upon which each payment shall be due. 3. Provisions for late payment charges and for default. 4. Provisions for penalty fees for withdrawals from the fund. 5. The name and date of birth of the qualified beneficiary on whose behalf the contract is drawn and the terms and conditions under which another person may be substituted as the qualified beneficiary. 6. The name of any person who may terminate the contract. The terms of the contract shall specify whether the contract may be terminated by the purchaser, the qualified beneficiary, a specific designated person, or any combination of these persons. 7. The terms and conditions under which a contract may be terminated, the name of the person entitled to any refund due as a result of termination of the contract pursuant to such terms and conditions, and the amount of refund, if any, due to the person so named. 8. The time limitations, if any, within which the qualified beneficiary must claim his benefits through the program. 9. Other terms and conditions deemed by the board to be necessary or proper. (b) In addition to the provisions of paragraph (a), an advance payment contract for registration shall include, but not be limited to, the following: 1. The number of semester credit hours contracted by the purchaser. 2. The state postsecondary system toward which the contracted credit hours will be applied. 3. The assumption of a contractual obligation by the board to the qualified beneficiary to provide for a specified number of semester credit hours of undergraduate instruction at a state postsecondary institution, not to exceed the average number of credit hours required for the conference of the degree that corresponds to the plan purchased on behalf of the qualified beneficiary. (c) In addition to the provisions of paragraph (a), an advance payment contract for dormitory residence shall include, but not be limited to, the following : 1. The number of semesters of dormitory residence contracted by the purchaser. 2. The assumption of a contractual obligation by the board to the qualified beneficiary to provide for a specified number of semesters of dormitory residence at a state university, not to exceed the maximum number of semesters of full-time enrollment required for the conference of a baccalaureate degree. (d) An advance payment contract may provide that contracts which have not been terminated or the benefits exercised within a specified period of time shall be considered terminated. Time expended by a qualified beneficiary as an active duty member of any of the armed services of the United States shall be added to the period of time specified pursuant to this paragraph. No purchaser or qualified beneficiary whose advance payment contract is terminated pursuant to this paragraph shall be entitled to a refund. The board shall retain any moneys paid by the purchaser for an advance payment contract terminated in accordance with this paragraph. (e) No refund provided pursuant to subparagraph (a)7. shall exceed the amount paid into the fund by the purchaser. In the event that an advance payment contract is converted from a university to a community college registration plan, the refund amount shall be reduced by the amount transferred to a community college on behalf of the qualified beneficiary. No refund shall be authorized through an advance payment contract if the qualified beneficiary has completed more than 50 percent of the semester credit hours allowed pursuant to the specific plan contracted; however, this provision shall not apply to persons who convert from a university to a community college plan and terminate the contract upon graduation from the community college. (7) At a minimum, the board shall make advance payment contracts available for three independent plans to be known as the community college plan, the university plan, and the dormitory residence plan, respectively. (a) Through the community college plan, the advance payment contract shall provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of an associate degree. The cost of participation in the community college plan shall be based primarily on the average current and projected registration fees within the State Community College System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. Qualified beneficiaries shall bear the cost of any laboratory fees associated with enrollment in specific courses. Each qualified beneficiary shall be classified as a resident for tuition purposes pursuant to s regardless of his actual legal residence. (b) Through the university plan, the advance payment contract shall provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of a baccalaureate degree. The cost of participation in the university plan shall be based primarily on the current and projected registration fees within the State University System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. Qualified beneficiaries shall bear the cost of any

5 F.S POSTSECONDARY EDUCATION Ch.240 laboratory fees associated with enrollment in specific courses. In the event that a qualified beneficiary fails to be admitted to a state university or chooses to attend a community college, the qualified beneficiary may convert the average number of semester credit hours required for the conference of an associate degree from a university plan to a community college plan and may retain the remaining semester credit hours in the university plan or may request a refund for prepaid credit hours in excess of the average number of semester credit hours required for the conference of an associate degree pursuant to subparagraph (6)(a)7. Each qualified beneficiary shall be classified as a resident for tuition purposes pursuant to s regardless of his actual legal residence. (c) Through the dormitory residence plan, the advance payment contract shall provide prepaid housing fees for a maximum of 10 semesters of full-time undergraduate enrollment in a state university. Dormitory residence plans shall be purchased in increments of 2 semesters. The cost of participation in the dormitory residence plan shall be based primarily on the average current and projected housing fees within the State University System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. Qualified beneficiaries shall bear the cost of any additional elective charges such as laundry service or long-distance telephone service. Each state university may specify the residence halls eligible for inclusion in the plan. In addition, any state university may request immediate termination of a dormitory residence contract based on a violation or multiple violations of rules of the residence hall. Qualified beneficiaries shall have the highest priority in the assignment of housing within university residence halls. In the event that sufficient housing is not available for all qualified beneficiaries, the board shall refund the purchaser or qualified beneficiary an amount equal to the fees charged for dormitory residence during that semester. No such refund shall be granted for a period in excess of 1 semester; however, a refund may be granted for each of 2 consecutive semesters. Community college residence halls shall be prohibited from inclusion in the dormitory residence plan. The people who purchase a community college plan or university plan may or may not purchase the dormitory plan. However, the purchase of the dormitory plan is prohibited without purchasing the community college plan or university plan. (d) A qualified beneficiary may apply a community college plan, university plan, or dormitory residence plan toward any eligible independent college or university. An independent college or university which is located and chartered in Florida, is not for profit, is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or the Accrediting Commission of the Association of Independent Colleges and Schools, and which confers degrees as defined in s shall be eligible for such application. In order to be eligible for participation in the dormitory residence plan, an eligible independent college or university shall provide written certification to the board that it complies with the provisions of paragraph (c). The board shall 1755 transfer or cause to have transferred to the eligible independent college or university designated by the qualified beneficiary an amount not to exceed the redemption value of the plan within a state postsecondary institution. In the event that the cost of registration or housing fees at the independent college or university is less than the corresponding fees at a s ate postsecondary institution, the amount transferred shall not exceed the actual cost of registration or housing fees. No transfer authorized pursuant to this paragraph shall exceed the number of semester credit hours or semesters of dormitory residence contracted on behalf of a qualified beneficiary. (8) The board shall solicit proposals for the operation of the Florida Prepaid Postsecondary Education Expense Program pursuant to s , through which the board shall contract for the services of a records administrator, a trustee services firm, and one or more product providers. (a) The records administrator shall be the entity designated by the board to conduct the daily operations of the program on behalf of the board. The goals of the board in selecting a records administrator shall be to provide all purchasers with the most secure, welldiversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the purchasers at the lowest cost possible. Evaluations of proposals submitted pursuant to this paragraph shall include, but not be limited to, the following criteria: 1. Fees and other costs charged to purchasers that affect account values or operational costs related to the J.Jrugram. 2. Past experience in records administration and current ability to provide timely and accurate service in the areas of records administration, audit and reconciliation, plan communication, participant service, and complaint resolution. 3. Sufficient staff and computer capability for the scope and level of service expected by the board. 4. Financial history and current financial strength and capital adequacy to provide administrative services required by the board. (b) The trustee services firm shall be the entity designated by the board to select and supervise investment programs on behalf of the board. The goals of the board in selecting a trustee services firm shall be to obtain the highest standards of professional trustee services, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the purchasers at the lowest cost possible. The trustee services firm shall agree to meet the obligations of the board to qualified beneficiaries if moneys in the fund fail to offset the obligations of the board as a result of imprudent selection or supervision of investment programs by such firm. Evaluations of proposals submitted pursuant to this paragraph shall include, but not be limited to, the following criteria: 1. Adequacy of trustee services for supervision and management of the program, including current opera-

6 Ch.240 POSTSECONDARY EDUCATION F.S tions and staff organization and commitment of management to the proposal. 2. Capability to execute program responsibilities within time and regulatory constraints. 3. Past experience in trustee services and current ability to maintain regular and continuous interactions with the board, records administrator, and product provider. 4. The minimum purchaser participation assumed within the proposal and any additional requirements of purchasers. 5. Adequacy of technical assistance and services proposed for staff. 6. Adequacy of a management system for evaluating and improving overall trustee services to the program. 7. Adequacy of facilities, equipment, and electronic data processing services. 8. Detailed projections of administrative costs, including the amount and type of insurance coverage, and detailed projections of total costs. (c)1. The product providers shall be the entities designated by the board to develop investment portfolios on behalf of the board to achieve the purposes of this section. Product providers shall be limited to authorized insurers as defined in s , banks as defined in s , associations as defined in s , and investment companies as defined in the Investment Company Act of All product providers shall have their principal place of business and corporate charter located and registered in the United States. In addition, each product provider shall agree to meet the obligations of the board to qualified beneficiaries if moneys in the fund fail to offset the obligations of the board as a result of imprudent investing by such provider. Each authorized insurer shall evidence superior performance overall on an acceptable level of surety in meeting its obligations to its policyholders and other contractual obligations. Only qualified public depositories approved by the State Insurance Commissioner and Treasurer shall be eligible for board consideration. Each investment company shall provide investment plans as specified within the request for proposals. 2. The goals of the board in selecting a product provider company shall be to provide all purchasers with the most secure, well-diversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the purchasers at the lowest cost possible. Evaluations of proposals submitted pursuant to this paragraph shall include, but not be limited to, the following criteria: a. Fees and other costs charged to purchasers that affect account values or operational costs related to the program. b. Past and current investment performance, including investment and interest rate history, guaranteed minimum rates of interest, consistency of investment performance, and any terms and conditions under which moneys are held. c. Past experience and ability to provide timely and accurate service in the areas of records administration, 1756 benefit payments, investment management, and complaint resolution. d. Financial history and current financial strength and capital adequacy to provide products, including operating procedures and other methods of protecting program assets. (9) The state shall agree to meet the obligations of the board to qualified beneficiaries if moneys in the fund fail to offset the obligations of the board. The Legislature shall appropriate to the Prepaid Postsecondary Education Expense Trust Fund the amount necessary to meet the obligations of the board to qualified beneficiaries. (10) The assets of the fund shall be maintained, invested, and expended solely for the purposes of this section and shall not be loaned, transferred, or otherwise used by the state for any purpose other than the purposes of this section. This subsection shall not be construed to prohibit the board from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state or an agency or instrumentality of the state. Unless otherwise specified by the board, assets of the fund shall be expended in the following order of priority: (a) To make payments to state postsecondary institutions on behalf of qualified beneficiaries. (b) To make refunds upon termination of advance payment contracts. (c) To pay the costs of program administration and operations. (11) The state or any state agency, county, municipality, or other political subdivision may, by contract or collective bargaining agreement, agree with any employee to remit payments toward advance payment contracts through payroll deductions made by the appropriate officer or officers of the state, state agency, county, municipality, or political subdivision. Such payments shall be held and administered in accordance with this section. (12) Nothing in this section shall be construed as a promise or guarantee that a qualified beneficiary will be admitted to a state postsecondary institution or to a particular state postsecondary institution, will be allowed to continue enrollment at a state postsecondary institution after admission, or will be graduated from a state postsecondary institution. (13) In the event that the state determines the program to be financially infeasible, the state may discontinue the provision of the program. Any qualified beneficiary who has been accepted by and is enrolled or is within one year of enrollment in an eligible independent college or university or state postsecondary institution shall be entitled to exercise the complete benefits for which he has contracted. All other contract holders shall be refunded pursuant to subparagraph (6)(a)7.; however, such refunds shall include an interest rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations. Hlatory.-s. 1, ch College career work experience program. (1) There is established the college career work experience program, to be administered by the Department of Education. The purpose of the program is to introduce eligible students to work experience in their de-

7 F.S POSTSECONDARY EDUCATION Ch.240 clared major areas of study or areas of career interest. Such program shall be available to: (a) Any student attending a state university or community college authorized by Florida law; or (b) Any student attending a nonprofit Florida college or university which is accredited by a member of the Council on Postsecondary Accreditation, the credits of which are acceptable, without qualification, for transfer to a state university; which grants baccalaureate or associate degrees; which is not a pervasively sectarian institution; and which is located in and chartered by the state. (2) A participating institution may not expend funds provided pursuant to this section for student employment within the institution. (3) Each participating university or college is empowered to enter into a contractual agreement with any private or public employer for the purpose of establishing a career work experience program. The public or private employer shall be responsible for furnishing 50 percent of the student's wages, but public community colleges and universities may not use other student financial aid funds for this purpose. The participating college or university shall furnish the remaining 50 percent of the student's wages from moneys which it receives from the trust fund established ins ; however, no money received from the trust fund may be used to pay wages for a student's employment which is not related to the student's declared major area of study or area of career interest. The private or public employer is responsible for furnishing the full cost of any mandatory benefits. Such benefits may not be considered part of the 50- percent -wage-requirement total. (4) The Department of Education shall report to the State Board of Education and the Legislature on or before February 15, 1988, and biennially thereafter, on the effectiveness of the college career work experience program. Such report shall include, but is not limited to: (a) An analysis of the current participation of state agencies and community colleges in the program. (b) An analysis of the need for creation of a job development component to the program and a specific budget request for this component if the analysis identifies a need. (c) Recommendations for any necessary program modifications. History.-s. 29, ch ; s. 26, ch ; ss. 26, 29, ch ; s. 53, ch ; s. 8, ch Work experience program; eligibility. (1) A student is eligible to participate in the college career work experience program if: (a) He is enrolled at an eligible college or university as no less than a half-time undergraduate student in good standing, as defined by the college or university; however, a student may remain employed during the break between two consecutive terms. A student may also remain employed, although not enrolled, during the summer term if he preregisters as no less than a halftime student for the subsequent academic term ; a student who attends an institution that does not provide preregistration shall provide documentation of intent to 1757 enroll as no less than a half-time student for the subsequent academic term; (b) He has been a resident of the state continuously for the 2 years immediately preceding his application for participation in the program and is not a resident of another state; and (c) He demonstrates financial need, as defined by the college or university. (2) As a condition for renewal of a grant award, a student shall earn a grade point average of at least 2.0 on a 4.0 scale for the previous term, maintain at least an overall 2.0 average for college work, or have an average below 2.0 for only the previous term and be eligible for continued enrollment in the institution. History.-s. 30, ch ; s. 27, ch ; s. 9, ch College Career Work Experience Program Trust Fund.-There is created the College Career Work Experience Program Trust Fund. The Comptroller shall authorize expenditures from this fund upon receipt of vouchers approved by the Department of Education. Any balance therein at the end of any fiscal year shall remain therein and shall be available for carrying out the purposes of this program. Hlstory.-s. 31, ch Work experience program; rules.-the Department of Education shall prescribe such rules for the program as are necessary for its administration, for the determination of eligibility and selection of institutions to receive funds for students, to ensure the proper expenditure of funds, and to provide an equitable distribution of funds between students at public and independent colleges and universities. Hlstory.-s. 32, ch Public school work experience program. (1) There is established the public school work experience program to be administered by the Department of Education. The purpose of the program is to provide work-study financial assistance to students who serve in the public schools of this state. (2) Students who participate in the public school work experience program shall serve in public elementary and secondary schools as science laboratory assistants or teacher aides or in public postsecondary schools as mentors who tutor and counsel educationally disadvantaged freshmen. The program shall be available to: (a) Any student who is attending a state university or community college. (b) Any student who is attending a nonprofit college or university in this state which is accredited by a member of the Council on Postsecondary Accreditation and the credits of which college or university are acceptable, without qualification, for transfer to a state university; which grants baccalaureate or associate degrees; which is not a pervasively sectarian institution; and which is located in and chartered by the state. (3) Each participating university or community college may use up to 10 percent of its expenditures of funds provided pursuant to this section to train and supervise student mentors.

8 Ch. 240 POSTSECONDARY EDUCATION F.S (4)(a) To be eligible to participate in the public school work experience program, a student must: 1. Be enrolled at an eligible institution as no less than a half-time undergraduate student and be in good standing as defined by the institution; however, a student may remain employed during the break between two consecutive terms. A student may also remain employed, although not enrolled, during the summer term if he preregisters as no less than a half-time student for the subsequent academic term; a student who attends an institution that does not provide preregistration shall provide documentation of intent to enroll as no less than a half-time student for the subsequent academic term; 2. Have been a resident of the state continuously for the 2 years immediately preceding application and not be a resident of another state; 3. Have completed at least 15 semester hours of coursework for academic credit; and 4. Demonstrate financial need and academic merit as defined by the institution. (b) As a condition for renewal of financial assistance under the public school work experience program, a student must have earned an initial grade point average of at least 2.5 on a 4.0 scale, or its equivalent, for the previous term; must maintain at least an overall 2.5 average, or its equivalent, for college work or have an average below 2.5, or its equivalent, for only the previous term ; and must be eligible for continued enrollment in the institution. (5) Each participating postsecondary institution may enter into contractual agreements with public schools for the purpose of establishing the public school work experience program. The receiving school shall be responsible for providing 20 percent of the wages for a student employed pursuant to this section. The sponsoring postsecondary institution shall provide the remaining 80 percent from moneys it receives from the Public School Work Experience Program Trust Fund. (6) There is created the Public School Work Experience Program Trust Fund. The Comptroller shall authorize expenditures from this fund upon receipt of vouchers approved by the Department of Education. Any balance in the trust fund at the end of a fiscal year shall remain in the fund and be available for carrying out the purposes of the public school work experience program. History.-s. 54, ch ; s. 10, ch ; s. 1, ch

9 F.S SPECIALIZED STATE EDUCATIONAL INSTITUTIONS Ch Florida School for the Deaf and the Blind; board of trustees Use of out-of-state educational facilities, fi CHAPTER 242 SPECIALIZED STATE EDUCATIONAL INSTITUTIONS nancing. Construction of state school in St. Johns County. Appropriation to first accredited medical school. Florida School of the Arts. Education for state prisoners; Correctional Education School Authority; Board of Correctional Education Florida School for the Deaf and the Blind; board of trustees.- (1) There is hereby created a Board of Trustees for the Florida School for the Deaf and the Blind of the Department of Education, which board shall consist of seven members. Of these seven members, one appointee shall be a blind person, and one appointee shall be a deaf person. Each member shall have been a resident of the state for a period of at least 10 years. Their terms of office shall be 4 years. The appointment of the trustees shall be by the Governor with the confirmation of the Senate. The Governor may remove any member for cause and shall fill all vacancies which occur. (2) The board of trustees shall elect a chairman annually. The trustees shall be reimbursed for traveling expenses as provided in s , the accounts of which shall be paid by the Treasurer upon itemized vouchers duly approved by the chairman. (3) The board of trustees is authorized to adopt such rules as are necessary to operate the Florida School for the Deaf and the Blind. Such rules shall be submitted to the State Board of Education for approval or disapproval. If any rule is not disapproved by the State Board of Education within 60 days of its receipt by the State Board of Education, the rule shall be filed immediately with the Department of State. The board of trustees shall act at all times in conjunction with, and under the supervision of and general policies adopted by, the State Board of Education. (4) The Board of Trustees for the Florida School for the Deaf and the Blind is a body corporate and shall have a corporate seal. Title to any gift, donation, or bequest received by the board of trustees pursuant to subsection (5) shall vest in the board of trustees. Title to all other property and other assets of the Florida School for the Deaf and the Blind shall vest in the State Board of Education, but the board of trustees shall have complete jurisdiction over the management of the school and is invested with full power and authority to appoint a president, faculty, teachers, servants, and other employees and remove the same as in its judgment may be best and fix their compensation; to determine eligibility of students and procedure for admission; to provide for the students of the school necessary bedding, clothing, food, and medical attendance and such other things as may be proper for the health and comfort of the students without cost to their parents or guardians, except that the board may set tuition and other fees for nonresidents; to provide for the proper keeping of accounts and records and for budgeting of funds; to enter into contracts; to sue and be sued; to secure public liability insurance; and to do and perform every other matter or thing requisite to the proper management, maintenance, support, and control of the school at the highest efficiency economically possible, the board of trustees taking into consideration the purposes of the establishment. (5)(a) The Board of Trustees for the Florida School for the Deaf and the Blind is authorized to receive gifts, donations, and bequests of money or property, real or personal, tangible or intangible, from any person, firm, corporation, or other legal entity. However, the board of trustees may not obligate the state to any expenditure or policy that is not specifically authorized by law. (b) If the bill of sale, will, trust indenture, deed, or other legal conveyance specifies terms and conditions concerning the use of such money or property, the board of trustees shall observe such terms and conditions (c) The board of trustees may deposit outside the State Treasury such moneys as are received as gifts, donations, or bequests and may disburse and expend such moneys, upon its own warrant, for the use and benefit of the Florida School for the Deaf and the Blind and its students, as the board of trustees deems to be in the best interest of the school and its students. Such money or property shall not constitute or be considered a part of any legislative appropriation, and such money shall not be used to compensate any person for engaging in lobbying activities before the House of Representatives or Senate or any committee thereof. (d) The board of trustees may sell or convey by bill of sale, deed, or other legal instrument any property, real or personal, received as a gift, donation, or bequest, upon such terms and conditions as the board of trustees deems to be in the best interest of the school and its students. (e) The board of trustees may invest such moneys in securities enumerated under s (6) The Board of Trustees for the Florida School for the Deaf and the Blind, located in St. Johns County, shall designate a portion of the school as "The Verle Allyn Pope Complex for the Deaf," in tribute to the late Senator Verle Allyn Pope. History.-ss. 1, 2, 3, 4, ch ; s. 19, ch ; s. 1, ch ; ss. 15, 35, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 119, ch ; s. 1, ch ; s. 113, ch ; s. 1, ch Use of out-of-state educational facilities, financing.- (1) The Florida School for the Deaf and the Blind is hereby authorized to expend funds for the purpose of sending children under the age of 20, who are deaf as well as blind, for which there are no facilities for education in this state, to any school, institution, or other place outside the state providing a qualified program of edu-

10 Ch. 242 SPECIALIZED STATE EDUCATIONAL INSTITUTIONS F.S cation for such children. Such funds may be spent for room, board, tuition, transportation, and other items which are necessarily relevant to the education of such children. (2) In interpreting and carrying out the provisions of this act, the words "deaf-blind children," wherever used, will be construed to include any child whose combination of handicaps of deafness and blindness would prevent him from profiting satisfactorily from educational programs provided for the blind child or the deaf child. (3) The Florida School for the Deaf and the Blind is hereby authorized to determine if such children should be sent to such out-of-state places, and the Florida School for the Deaf and the Blind is hereby authorized to promulgate such rules and regulations as it deems necessary and proper for carrying out the purposes and intents of this act. Hletory.-s. 1, ch Construction of state school in St. Johns County.-lf and when the State School for Deaf and Blind as provided for by law is separated and there is created a special state school for the blind and a state school for the deaf, such schools shall both be located in St. Johns County. Hletory.-s. 1, ch Appropriation to first accredited medical school.- (1) Subject to the provisions hereinafter set forth, the Legislature shall provide an annual appropriation to the first accredited medical school. Payments of moneys from such appropriation shall be made semiannually at the beginning of the first and third quarters. (2) In order for a medical school to qualify under the provisions of this section and to be entitled to the benefits herein, such medical school: (a) Must be primarily operated and established to offer, afford, and render a medical education to residents of the state qualifying for admission to such institution; (b) Must be operated by a municipality or county of this state, or by a nonprofit organization heretofore or hereafter established exclusively for educational purposes; (c) Must, upon the formation and establishment of an accredited medical school, transmit and file with the Department of Education documentary proof evidencing the facts that such institution has been certified and approved by the council on medical education and hospitals of the American Medical Association and has adequately met the requirements of that council in regard to its administrative facilities, administrative plant, clinical facilities, curriculum, and all other such requirements as may be necessary to qualify with the council as a recognized, approved, and accredited medical school; 1760 (d) Must certify to the Department of Education the name, address, and educational history of each student approved and accepted for enrollment in such institution for the ensuing school year. (3) The Department of Education shall, within 60 days of the receipt of the student enrollment of the medical school, pay to the school, each year, the amount appropriated for students accepted and approved for enrollment in such medical institution, provided each medical student is a legal resident of the state or, if the student is not of legal age, his parents or legal guardian are residents of the state at the time of the student's acceptance and approval as a medical student. In the event a student resigns or is dismissed from such medical institution for any reason whatsoever before the end of a school year, then the medical institution shall, within 30 days from such dismissal or resignation, remit to the state, through the Department of Education, a pro rata amount of the sum before paid by the state to the medical institution, which amount is to be computed by dividing the total number of days in the school year into the sum paid for that student and multiplying the result by the total number of days remaining in such school year after such resignation or dismissal. (4) Such institution is prohibited from expending any of the sums received under the terms of this section for any purposes whatsoever, except for the operation and maintenance of a medical school and for medical research. The institution is further prohibited from expending any sums received under the terms of this section for the construction or erection of any buildings of any kind, nature, or description or for the maintenance and operation of a hospital in any form or manner whatsoever. Hiatory.-ss. 1, 2, 3, 4, 5, ch , 1951 : s. 8, ch : s. 1, ch : s. 1, ch : s. 2, ch : s. 18, ch : s. 1, ch : s. 1, ch : s. 1, ch : ss. 15, 35, ch : s. 1, ch : s. 1, ch : s. 43, ch : s. 64, ch : s. 70, ch Florida School of the Arts.- (1) This section shall be known and may be cited as the "Florida School of the Arts Act." (2) As the state strives to achieve excellence in all aspects of public education, it is the intent of the Legislature that specific attention be given to the needs of artistically talented high school and college students. It is further intended that such students who are occupationally oriented to the arts be provided with the means for achieving both an academic education and artistic training appropriate to their gifts. (3) There is created the Florida School of the Arts. The school shall offer a program of academic and artistic studies in the visual and performing arts, which program shall be available to talented high school and college students in the state. (4) The Florida School of the Arts is assigned to the District Board of Trustees of the St. Johns River Community College for purposes of administration and governance; but the Florida School of the Arts, within appropriations and limitations established annually by the Legislature, shall serve as a professional school on a statewide basis for all qualified students. (5)(a) The Council for the Florida School of the Arts shall be established to advise the community college district board of trustees on matters pertaining to the operation of the school. The council shall consist of 12 members, appointed by the Commissioner of Education for 4-year staggered terms. A member may serve two terms. (b) Paragraph (a) is repealed on October 1, 1994, and the Council for the Florida School of the Arts shall be reviewed by the Legislature pursuant to s Hletory.-ss. 1, 2, ch

11 F.S SPECIALIZED STATE EDUCATIONAL INSTITUTIONS Ch Education for state prisoners; Correctional Education School Authority; Board of Correctional Ed ucation.- (1) There is hereby created a Correctional Education School Authority attached to the Department of Corrections which shall be composed of the educational and library facilities of all institutions operated by the Department of Corrections and shall be supervised by a Board of Correctional Education. All education-related property assigned to the Department of Corrections, unexpended balances of appropriations or allocations of other funds, programs, activities, and functions of the correctional education program shall be assigned to the school authority by July 1, Facilities and maintenance of facilities that house the education programs shall continue to be assigned to the Department of Corrections. All education-related positions, including central office administrative positions, shall be assigned to the school authority. (2)(a) There is hereby established a Board of Correctional Education attached to the Department of Corrections, which shall be composed of seven voting members and two nonvoting members. Membership shall be as follows: 1. Two voting ex officio members, who shall be the Commissioner of Education and the Secretary of Corrections. 2. Five voting members appointed by the Governor and confirmed by the Senate in regular session. Appointed members shall represent the community at large and shall have knowledge of educational or correctional issues. The Commissioner of Education and the Secretary of Corrections may submit recommendations for appointment to the Governor for his consideration. The Governor may remove any member for cause and shall fill vacancies, as appropriate. 3. Two nonvoting ex officio members, who shall be the secretary of the Department of Labor and Employment Security and the President of Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). (b) Members of the board shall serve without compensation but shall be reimbursed for per diem and travel expenses incurred in the performance of their duties as provided in s (c) Members at large shall be appointed for terms of 4 years each, except for initial appointments and whenever a vacancy occurs other than by expiration of a term. Initial terms shall be as follows : Two members at large shall be appointed for 2-year terms and three members at large shall be appointed for 4-year terms. Whenever a vacancy occurs of a member at large other than by expiration, the Governor shall appoint a member for theremainder of that term. (d) No appointed member shall serve more than two consecutive 4-year terms. (e) Members of the board shall elect a chairman annually. (f) The board is vested with the authority and responsibility to manage and operate the correctional education program, as provided by law. The Department of Corrections shall cooperate and render assistance as may be necessary to enable the board to discharge its responsibilities. Resources of the department may be 1761 used to support the operation of the education programs as agreed by the department and the board. The Correctional Education School Authority shall operate its education programs in accordance with applicable provisions of the Florida school laws and rules of the State Board of Education except as expressly exempted by the State Board of Education. (g) The board shall be appointed no later than 60 days subsequent to passage of this bill. (h) The responsibilities of the board shall be to: 1. Adopt and enforce all necessary rules for the management and operation of education programs within the Department of Corrections. In adopting rules the board shall consider the Department of Corrections operating procedures and goals of correctional education. Rules adopted by the board shall not conflict with Department of Corrections rules relating to security or any applicable rules adopted by the Department of Education as specified in the Florida School Code. 2. Develop written cooperative agreements with the Department of Corrections outlining the duties and responsibilities of the school authority and its staff and Department of Corrections institutional personnel. 3. Establish a task force to plan, organize, and implement the transition to ensure a smooth transfer of responsibilities. 4. Develop guidelines for the school authority staff concerning the behavioral control of inmates while in education programs and the reporting of behavioral problems. 5. Survey the facilities of existing education programs within the institutions and determine the need, extent, and cost of renovation and remodeling. 6. In cooperation with the Department of Education, pursuant to s , monitor and assess all inmate education program services and report the results of such evaluation in the board 's annual report of its activities. 7. Set the compensation and salary of the Director of Correctional Education. 8. Adopt rules governing the compensation and salary of teachers and other education personnel under annual or term contracts. 9. Visit and inspect schools at reasonably frequent intervals. 10. Approve education programs of the appropriate levels and types in the correctional institutions and adopt rules for the admission of inmate students thereto. 11. Enter into agreements with public or private school districts, entities, community colleges, junior colleges, colleges, or universities as may be deemed appropriate for the purpose of carrying out its duties and responsibilities. Agreements and contracts for instructional services shall expressly prescribe the qualifications of and the board's expectations for instructors and the educational objectives to be met. 12. Review and approve the budget request for the correctional education program. 13. Review and approve the 5-year comprehensive plan for correctional education. 14. Review and approve goals and objectives relating to all phases of the correctional education program.

12 Ch. 242 SPECIALIZED STATE EDUCATIONAL INSTITUTIONS F.S Report the board's annual activities to the Secretary of Corrections, the Commissioner of Education, the Governor, and the Legislature. 16. Ensure that correctional education programs comply with the policies set by the board and with public policies and goals and objectives of the state, which include, in the following order of priority: a. Providing every inmate who has an expectation of release from custody within 5 years with the opportunity to achieve functional literacy, specifically the ability to read and write the English language and the ability to perform routine mathematical functions prior to his release or expiration of his sentence. b. Providing every inmate who has an expectation of release from custody within 5 years, and who has demonstrated the intellectual capacity to benefit therefrom, with the opportunity to obtain the equivalent of a public high school education. Inmates who wish to receive a standard high school diploma shall be required to meet the graduation requirements provided for in ss and The highest priority in achieving this goal shall be focused on those institutions housing youthful offenders as defined in chapter 958. c. Ensuring that every inmate who has an expectation of release from custody within 5 years be released possessing at least entry-level marketable vocational skills in one or more occupational fields for which there is a demonstrable demand in the economy of this state. d. Ensuring that every inmate be released possessing life management skills which will allow him to function successfully in a free society. e. Providing that inmates who demonstrate college-level aptitudes be provided the opportunity to participate in college-level academic programs which may be offered within correctional facilities. Associated costs shall be borne by the inmate. f. Providing that training in the fundamentals of physical education and personal health be an integral part of all academic and vocational education programs. Such training shall include instruction in personal hygiene, general health, and the importance of rules and discipline in athletic contests. Regular vigorous physical exercise shall be emphasized in those correctional facilities housing youthful offenders as defined in chapter 958. (3) The Board of Correctional Education is created as a body corporate with all powers of a body corporate for all the purposes created by, or that may exist under, the provisions of this chapter or laws amendatory hereof and shall: (a) Have a corporate seal. (b) Employ personnel or contract with education providers or other authorized entities or agents as may be necessary in its judgment and may fix their compensation. (c) Have power to contract and be contracted with, to sue and be sued, and to plead and be impleaded in all courts of law and equity. (d) Receive donations. (e) Have final rulemaking authority. (4) There is hereby established the position of Director of Correctional Education who shall be appointed by 1762 the board and shall serve at the discretion of the board. The director shall: (a) Supervise the administration of the school authority. (b) Develop standardized correctional education curricula which shall be in accordance with Department of Education standards. (c) Ensure that correctional education programs provide minimum performance standards, basic functional literacy skills, and marketable vocational skills which are in accordance with established Department of Education standards. (d) In cooperation with the Department of Education, pursuant to s , develop a procedure by January 1, 1988, to evaluate the effectiveness of correctional education programs, to include criteria similar to those utilized by the Department of Education. (e) In concurrence with the institution superintendent, recommend the institution education program manager to the board for appointment. After consultation with the institution education program manager and the institution superintendent, approve all staff responsible for providing education programs. (f) Ensure that all education staff shall be certified in accordance with the Department of Education standards within 2 years. Provision shall be made for the development of individual plans, approved by the Director of Correctional Education, in the event any current education staff member does not qualify for certification and the school authority chooses to hire him. In lieu of certification, correctional librarians must hold a master's degree in library science from a library program accredited by the American Library Association. (g) Give priority consideration for employment to adversely affected contract employees providing inmate education services who are displaced upon establishment of the Correctional Education School Authority. (h) Develop a compensation and pay plan for correctional educators which is competitive with school district salaries and includes a step pay plan. (i) Develop a procedure for maintaining a list of substitute teachers so that students will not be temporarily displaced in the event a regular instructor is absent for any reason. Institution education program managers shall maintain an active substitute list at all times. (j) Develop a mechanism to test all offenders committed to the custody of the Department of Corrections, unless said offenders are specifically excluded from the testing requirement by board policy. The test shall be in accordance with acceptable Department of Education testing standards. (k) Develop a 5-year comprehensive plan for correctional education by June 1, The plan shall have a 3-year phase-in schedule and shall require the director to: 1. Work with PRIDE to develop training programs for offenders. 2. Develop measurable objectives. 3. Develop quality control mechanisms. 4. Interface academic education and vocational training with participation in prison industries programs. (I) Develop goals and objectives relating to all phases of the correctional education program.

13 F.S SPECIALIZED STATE EDUCATIONAL INSTITUTIONS Ch.242 (m) Develop a staffing and funding formula for correctional education. The formula shall include differential funding levels for various types of programs, shall be based on the number of full-time equivalent students, shall be based on information obtained as a result of unscheduled attendance counts taken by an independent source once per quarter, and shall provide the basis for the legislative budget request. For purposes of this section, a full-time equivalent student shall be equal to a minimum of 1050 hours of instruction per calendar year, and each course of instruction shall be equal to a minimum of 150 hours of instruction per calendar year. To be eligible to receive credit for the completion of a course required for the receipt of a standard high school diploma or its equivalent, an inmate must be in attendance for 135 hours of instruction which comprise a course. The funding formula shall include the procedure to document daily attendance and shall require that attendance records be retained for audit purposes. Funds generated by the formula per full-time equivalent student shall not exceed the level of state funding per fulltime equivalent student generated through the Florida Education Finance Program or Florida Community College Program Fund for students enrolled in comparable education programs provided by public school districts and community colleges. Funds appropriated for education shall be used solely for that purpose and shall not be transferred to any other budget entity for a purpose other than education. (n) Prepare the legislative budget request for the entire correctional education program and submit it to the Board of Correctional Education. The director shall be responsible for all expenditures pursuant to appropriations. (o) Immediately implement procedures to secure appropriate entitlement funds from federal and state grant sources to supplement the annual legislative appropriation. These funds shall be utilized expressly for correctional education. (p) Be responsible, along with the Board of Correctional Education, for all academic education and vocational training programs. (q) Work with the Department of Corrections in identifying by March 1, 1988, at least one existing correctional facility to convert to a vocational-technical center. Once the site is selected, the Director of Correctional Education, with assistance from the Department of Education, shall develop a comprehensive operational training plan which shall contain the following provisions: 1. The vocational-technical center shall house inmates who have reached a minimum level of proficiency in institutional vocational training programs and provide them with intensified training in their field. 2. Inmates shall become eligible for transfer to the vocational- technical center approximately 1 year prior to their anticipated work release eligibility date, provided they are otherwise qualified. 3. Course offerings at the vocational-technical center shall be in accordance with established Department of Education vocational training standards. 4. Vocational training offered at the vocationaltechnical center shall be offered either by contract or by Correctional Education School Authority teachers and administrators. (r) Specify which educational facilities other than the vocational-technical center shall offer vocational training and which programs shall be available. Criteria for making such determinations shall be in accordance with accepted Department of Education standards. Programs not meeting minimum Department of Education standards shall not be offered. (s) Ensure that vocational training programs complement existing PRIDE programs whenever possible. (t) In conjunction with the Department of Corrections, determine conditions under which an inmate may be removed from an education program or the classroom. Department of Corrections managers are prohibited from taking inmates out of education programs or classrooms unless such conditions exist. (u) Be responsible for renovation and new construction of correctional education facilities. (v) Conduct a survey of all correctional institutions to identify inmates with special education needs and develop a plan whereby those special needs will be addressed. (5) The Correctional Education School Authority and the Board of Correctional Education are subject to the provisions of chapter 120, except that curricula established pursuant to this section shall not be a rule. History.-s. 13, ch ; s. 1, ch ; s. 2, ch Note.- Repealed effective October 1, 1996, by s. 1. ch and scheduled for review pursuant to s

14 Ch.243 EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES F.S CHAPTER 243 EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES PART I EDUCATIONAL INSTITUTIONS LAW (ss ) PART II COUNTIES HIGHER EDUCATIONAL FACILITIES AUTHORITIES LAW (ss ) PART I EDUCATIONAL INSTITUTIONS LAW Definitions. Powers. Resolution for issuance of revenue certificates. Powers to secure revenue certificates. Remedies of any holder of revenue certificates. Moneys of institutions. Validity of revenue certificates. Prohibitions against obligating state. Revenue certificate obligations of Board of Regents. Supplemental nature of law; construction and purpose. Short title. Federal aid; financing dormitories and auxiliary accommodations, institutions of higher learning. Board of Administration to act as fiscal agent. Lease agreements; land, facilities Definitions.-The following terms, wherever used or referred to in this law, shall have the following meanings unless a different meaning clearly appears in the context: (1) The term "institution" shall mean any institution under the jurisdiction of the State Board of Regents. (2) The term "board" shall mean the State Board of Regents. (3) The term "revenue certificate" shall mean certificates with respect to the repayment of any loans or borrowed money, issued by the State Board of Control or Board of Regents pursuant to this law. (4) The term "to acquire" shall include to purchase, to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop, and to improve a project. (5) The term "project" shall mean and include buildings, structures, improvements, and equipment of every kind, nature and description, which may be required by or convenient for the purpose of an institution, including, without limiting the generality of the foregoing, administration, dining, exhibition, lecture, recreational and teaching halls, or parts thereof, or additions thereto; commons, dining halls, dormitories, auditoriums, libraries, infirmaries, laundries, laboratories, metallurgical plants, museums, swimming pools, watertowers, fire prevention and firefighting systems, gymnasiums, stadia, dwellings, greenhouses, farm buildings, and stables, or parts thereof, or additions thereto; or any one, or more than one, or all of the foregoing, or any combination thereof, acquired pursuant to this law. (6) The term "Recovery Act" shall mean the National Industrial Recovery Act, approved June 16, 1933, and the Emergency Relief Appropriation Act of 1935, approved April 8, 1935, and any acts or joint resolutions amendatory thereof and any acts or joint resolutions supplemental thereto, and revisions thereof, and any further acts or resolutions of the Congress of the United States to encourage public works, to provide relief, work relief, or to increase employment by providing for useful projects and providing for the making of loans or grants or both. (7) The term "federal agency" shall mean the United States, the President of the United States, the Federal Emergency Administrator of Public Works, or such other agency or agencies as may be designated or created to make loans or grants or both pursuant to the Recovery Act. (8) The term "private agency, corporation or individual" shall mean any private corporation, trust company, firm or individual doing business as such. Hlatory.-s. 2, ch , 1935; CGL 1936 Supp. 788(2); s. 2, ch , 1941 ; s. 2, ch , 1943; s. 7, ch , 1945; s. 2, ch ; s. 18, ch Note.-Former s Powers.-The board, subject to the limitations and restrictions appearing in this law, shall have power and is hereby authorized: (1) To have a corporate seal and alter the same at pleasure; (2) To sue and be sued; (3) To acquire by purchase, gift or the exercise of the right of eminent domain and hold real or personal property or rights or interests therein and water rights; (4) To make contracts and to execute all instruments necessary or convenient; (5) To acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, any project or projects, and to operate and maintain such project; (6) To accept grants of money or materials or property of any kind from a federal agency, private agency, corporation or individual, upon such terms and conditions as such federal agency, private agency, corporation or individual may impose; (7) To borrow money and issue revenue certificates and to provide for the payment of the same and for the rights of the holders thereof as herein provided ; (8) To perform all acts and do all things necessary or convenient to carry out the powers granted herein, to obtain loans or grants or both from any federal agency,

15 F.S EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES Ch.243 private agency, corporation or individual, and to accomplish the purposes of this law and secure the benefits of the Recovery Act. Hlstory.-s. 3, ch , 1935; CGL 1936 Supp. 788(3); s. 3, ch , 1941 ; s. 3, ch , 1943; s. 7, ch , Note.-Former s Resolution for issuance of revenue certificates.-revenue certificates issued under the provisions of s shall be authorized by resolution of the board. Said revenue certificates shall bear interest at such rate or rates not exceeding 7.5 percent per annum, unless the total cost of payment of interest in excess of 7.5 percent shall be committed to be paid by an agency of the Federal Government, payable semiannually, may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding 50 years from their respective dates, may be in such form, either coupon or registered, may carry such registration privileges, may be executed in such manner, may be payable in such medium of payment and at such place or places, may be subject to such terms of redemption, with or without premium, may contain such terms, covenants, and conditions, and may be declared or become due before the maturity date thereof as such resolution or other resolutions may provide. The revenue certificate may be sold at public or private sale at not less than par. Pending the preparation of the definitive certificates, interim receipts or certificates in such form and with such provisions as said board may determine may be issued to the purchaser or purchasers of certificates sold pursuant to s Said certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law. Hlstory.-s. 4, ch , 1935; CGL 1936 Supp. 788(4); s. 4, ch , 1941 ; s. 4, ch , 1943; s. 7, ch , 1945; s. 1, ch ; s. 1, ch. 68-6; s. 1, ch ; s. 22, ch Note.-Former s Powers to secure revenue certificates. The board, in connection with the issuance of revenue certificates to acquire any projects for an institution or in order to secure the payment of such revenue certificates and interest thereon, shall have power by resolution: (1) To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such projects. (2) To provide that such revenue certificates shall be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of such institution) derived from, and shall be payable from, fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project. (3) To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project. (4) To covenant with or for the benefit of the holder or holders of such revenue certificates that so long as any of such revenue certificates shall remain outstanding and unpaid, such institution will fix, maintain, and collect in such installments as may be agreed upon an amount of the fees, rentals, and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay when due such revenue certificates and interest thereon, and to create and maintain reasonable reserves therefor, and to pay the cost of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board in its absolute discretion. (5) To make and enforce and agree to make and enforce parietal rules that shall insure the use of such project by all students in attendance at such institutions to the maximum extent to which such project is capable of serving such students, or if such project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served thereby. (6) To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined: (a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals, and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, or (b) Convey or otherwise alienate such project or the real estate upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates, or 1765 (c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real estate upon which it shall be located. (7) To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given. (8) To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of reve-

16 Ch.243 EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES F.S nue certificates of any specified amount or percentage of such revenue certificate may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate. (9) To vest in a trustee or trustees or the holder or holders of any specified amount or percentage of revenue certificates the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders. (10) To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient or desirable in order to secure such revenue certificates, or as may in the judgment of the board tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein, it being the intention hereof to give the board power to make all covenants, including any covenants or agreements giving a lien upon any project constructed, to the agency lending the money for the construction of such project, as security for such loan; and including the power to make any conveyance which may be necessary, of any lot or parcel of land, to any federal agency, private agency, corporation or individual as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon, and also the right to lease any structure constructed upon the lands of the state for a fair rental; and to perform all acts and to do all things, not inconsistent with the Constitution of the state, in the issuance of such revenue certificates and for their security, which a private business corporation might do. History.-s. 5, ch , 1935; CGL 1936 Supp. 788(5); s. 5, ch , 1941; s. 5, ch , 1943; s. 7, ch , Note.-Former s Remedies of any holder of revenue certificates.-any holder or holders of revenue certificates, including a trustee, or trustees for holders of such revenue certificates, shall have the right, in addition to all other rights : (1) By mandamus or other suit, action or proceeding in any court of competent jurisdiction to enforce his or their rights against the board and the Department of Education and any officer, agent or employee of such board or department to fi x and collect such rentals and other charges adequate to carry out any agreement as to or pledge of such fees, rentals or other charges, and require the said Department of Education and the board and any of their officers, agents or employees to carry out any other covenants and agreements and to perform their duties under this law. (2) By action to enjoin any acts or things which may be unlawful or a violation of the rights of such holders of revenue certificates. History.-s. 7, ch , 1935; CGL 1936 Supp. 788(7); s. 7, ch , 1941 ; s. 7, ch , 1943; s. 7, ch , 1945; s. 10, ch , 1951 ; ss. 15, 35, ch Note.-Former s ' Moneys of institutions.-no moneys derived from the sale of revenue certificates or otherwise borrowed under the provisions of this law, or received as a grant, shall be required to be paid into the State Treasury, but shall be deposited by the treasurer or other fiscal officer of the board in a separate bank account or accounts in such bank or banks or trust company or trust companies as may be designated by the board. Each such separate bank account or accounts shall be designated with the name of the institution where such project is acquired. All deposits of such moneys shall, if required by the board, be secured by obligations of the United States, of a market value equal at all times to the amount of the deposit; and all banks and trust companies are hereby authorized to give such security. Such money shall be disbursed as may be directed by the board and in accordance with the terms of any agreements with the holder or holders of any revenue certificates. This section shall not be construed as limiting the power of the institution to agree in connection with the issuance of any of its revenue certificates, or the receipt of any grant, as to the custody and disposition of the moneys received from the sale of such revenue certificates or as payment of any such grant or the income and revenue of the institution pledged and assigned to or in trust for the benefit of the holder or holders thereof. History.-s. 8, ch , 1935; CGL 1936 Supp. 788(8); s. 8, ch , 1941 ; s. 8, ch , 1943; s. 7, ch , Note.-Former s Validity of revenue certificates.-the revenue certificates bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board. The validity of the revenue certificates shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith. History.-s. 9, ch , 1935; CGL 1936 Supp. 788(9); s. 9, ch , 1941 ; s. 9, ch , 1943; s. 7, ch , Note.-Former s Prohibitions against obligating state. Nothing in this law contained shall be construed to authorize the board to contract a debt on behalf of, or in any way to obligate, the state, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way of, appropriations made by the Legislature, or revenue derived from the investment of the proceeds of the sale, and from the rental of such lands as have been set aside by legislative enactments of the United States, for the use and benefit of the respective state educational institutions. History.-s. 10, ch , 1935; CGL 1936 Supp. 788(10); s. 10, ch , 1941 ; s. 10, ch , 1943; s. 7, ch , Note.-Former s Revenue certificate obligations of Board of Regents.-AII revenue certificates issued pursuant to this law shall be obligations of the board, payable only in accordance with the terms thereof and shall not be obligations general, special or otherwise of the state. Such revenue certificates shall not be a bond or debt of

17 F.S EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES Ch.243 the state, and shall not be enforceable against the state, nor shall payment thereof be enforceable out of any funds of the board other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates. History.-s. 11, ch , 1935; CGL 1936 Supp. 788(11); s. 11, ch , 1941 ; s. 11, ch , 1943; s. 7, ch , Note.-Former s Supplemental nature of law; construction and purpose.-the powers conferred by this law shall be in addition to and supplemental to, and the limitations imposed by this law shall not affect, the powers conferred by any other law, general or special, and revenue certificates may be issued hereunder without any referendum, notwithstanding the provisions of any other such law and without regard to the procedure required by any other such law. Insofar as the provisions of the law are inconsistent with the provisions of any other law, general or special, the provisions of this law shall be controlling, except in pursuance of any contract or agreement theretofore entered into by and between any institution and any federal agency. History.-s. 13, ch , 1935; CGL 1936 Supp. 788(12); s. 1, ch , 1937; s. 1, ch , 1939; s. 13, ch , 1941 ; s. 13, ch , 1943; s. 7, ch , Note.-Former s Short title.-sections may be cited as the "Educational Institutions Law of 1935." History.-s. 1, ch , 1935; CGL 1936 Supp. 788(1 ); s. 1, ch , 1941 ; s. 1, ch , 1943; s. 7, ch , Note.-Former s Federal aid; financing dormitories and auxiliary accommodations, institutions of higher learn ing.- (1) The Board of Regents is authorized to negotiate with the Federal Government and, after advertising for bids, with any governmental or private agency, for funds to construct dormitories and other auxiliary accommodations, including student unions, food and health service facilities, bookstores, and recreational facilities necessary and desirable to serve the needs of the students and faculty at the institutions in the State University System, such loans to be secured through the issuance of revenue certificates by the Board of Regents. Income derived from the rental of these dormitories and other auxiliary accommodations shall be used to retire the revenue certificates so issued and for such other purposes as may be provided in the loan agreement. (2) In order to furnish the facilities, authority is hereby given for the use of surplus auxiliary money for the purpose of equipping and furnishing the dormitories and other auxiliary accommodations. (3) Authority is further granted to the Board of Regents for the pledging of any trust funds which do not require legislative appropriation or approval, available and not otherwise obligated, for the purpose of securing these loans. Trust funds described herein shall be restricted to auxiliary trust funds and such student building fees as established by the Board of Regents and approved by the Legislature pursuant to 1 s (4) The Board of Regents is authorized to use the funds for the construction of dormitories and other auxiliary accommodations under the terms of the agreements with the agency involved. History.-ss. 1, 2, 3, 4, ch , 1955; s. 2, ch ; s. 3, ch ; s. 1, ch ; s. 2, ch ; s. 2, ch ; s. 18, ch ; s. 2, ch ; s. 45, ch Note.-Section was repealed by s. 121, ch Note.-Former s Board of Administration to act as fiscal agent.-ln furtherance of the provisions of this chapter, the State Board of Administration may upon request of the Board of Regents or of each university act as fiscal agent for the Board of Regents in the issuance and sale of any revenue certificates which may be issued pursuant to this chapter and may upon request of the Board of Regents take over the management, control, administration, custody, and payment of any or all debt services or funds or assets now or hereafter available for any revenue certificates issued pursuant to this chapter. Th e Board of Regents may from time to time provide by its duly adopted resolution the duties said fiscal agent shall perform, and such duties may be changed, modified, or repealed by subsequent resolution as the Board of Regents may deem appropriate. History.-s. 1, ch ; s. 2, ch ; s. 18, ch ; s. 115, ch Lease agreements; land, facilities.- (1) Each university is authorized to negotiate and, upon approval of the Board of Regents, enter into agreements to lease land under its jurisdiction to individuals or corporations for the purpose of erecting thereon facilities and accommodations necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide master plan adopted by the Board of Regents. Such agreement will be for a term not in excess of 99 years or the life expectancy of the permanent facilities constructed thereon, whichever is shorter, and shall include as a part of the consideration provisions for the eventual ownership of the completed facilities by the university. The Board of Trustees of the Internal Improvement Trust Fund upon request of the university shall lease any such property to the university for sublease as heretofore provided. (2) Each university is authorized to enter into lease agreements whereby income-producing buildings, improvements, and facilities are leased to the university for a period of time specified in such agreements. Each university is authorized to use any trust funds, available and not otherwise obligated, for the purpose of paying rent to the owner should income from student housing facilities not be sufficient in any payment period. The trust funds actually used for payment of rent shall be replaced as soon as possible to the extent that income from student housing facilities exceeds the amount necessary for such payment. Trust funds described herein shall be restricted to auxiliary trust funds. (3) The powers granted in this section shall be supplemental to those provided elsewhere in part I, and the university may do any and all things necessary to implement a lease program including the powers enumerated in part I. Each university shall be empowered to negotiate contracts under this section. (4) Agreements negotiated by the Board of Regents prior to January 1, 1980, for the purposes listed herein shall be validated, and said board 's capacity to act in such cases ratified and confirmed.

18 Ch.243 EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES F.S History.- ss. 1, 2, 4, ch ; ss. 27, 35, ch ; s. 12, ch ; s. 1, ch ; s. 116, ch ; ss. 1, 2, ch ; s. 4, ch ; s. 44, ch PART II COUNTIES HIGHER EDUCATIONAL FACILITIES AUTHORITIES LAW Short title. Findings and declaration of necessity. Definitions. Creation of educational facilities authorities. Powers of authority. Payment of expenses. Acquisition of real property. Conveyance of title or interest to participating institutions. Notes of authority. Revenue bonds. Security of bondholders. Payment of bonds. Rates, rents, fees, and charges. Trust funds. Remedies of bondholders. Tax exemption. Refunding bonds. Legal investment. Reports. State agreement. Alternate means. Liberal construction. Provisions of part controlling Short title.-part II of chapter 243, may be referred to as the "Higher Educational Facilities Authorities Law." History.-s. 1, ch Findings and declaration of necessity.-lt is declared that for the benefit of the people of the state, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities ; that it is essential that institutions for higher education within each county in the state be provided with appropriate additional means to assist such youth in achieving the required levels of learning and development of their intellectual and mental capacities and that it is the purpose of part II of this chapter to provide a measure of assistance and an alternate method to enable institutions of higher education in each county of this state to provide the facilities and structures which are sorely needed to accomplish the purposes of this part. The necessity in the public interest of the provisions hereinafter enacted is hereby declared as a matter of legislative determination. History.- s. 2, ch Definitions.-The following terms, wherever used or referred to in this part of chapter 243 shall have the following respective meanings, unless a different meaning clearly appears from the context: 1768 (1) "Authority" or "educational facilities authority" means any of the public corporations created by s or any board, body, commission, department, or officer of the county succeeding to the principal functions thereof or to whom the powers conferred upon each authority by this part shall be given by this part. (2) "Commission" means the board of county commissioners or other legislative body charged with governing the county (as the case may be). (3) "Clerk" means the clerk of the commission or the officer of the county charged with the duties customarily imposed upon the clerk thereof. (4) "Real property" includes all lands, including improvements and fixtures thereon, and any property of any nature appurtenant thereto, or used in connection therewith and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (5) "Project" means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, and maintenance, storage, or utility facility, and other structures or facilities related thereto, or requ ired thereto, or required or useful for the instruction of students, or the conducting of research, or the operation of an institution for higher education, including parking and other facilities or structures, essential or convenient for the orderly conduct of such institution for higher education and shall also include equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended but shall not include such items as books, fuel, supplies or other items which are customarily deemed to result in a current operating charge. (6) "Cost," as applied to a project or any portion thereof financed under the provisions of this part, embraces all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be removed, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period of 30 months after completion of such construction, provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions and improvements, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation. (7) "Bonds" or "revenue bonds" mean revenue bonds of the authority issued under the provisions of this part, including revenue refunding bonds, notwithstanding

19 F.S EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES Ch.243 that the same may be secured by mortgage or the full faith and credit of a participating institution for higher education or any other lawfully pledged security of a participating institution for higher education. (8) "Institution for higher education" means an educational institution which by virtue of law or charter is an accredited, nonprofit educational institution empowered to provide a program of education beyond the high school level. (9) "Participating institution" means an institution for higher education which, pursuant to the provisions of this part, shall undertake the financing and construction or acquisition of a project or shall undertake the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this part. Hlstory.-s. 3, ch Creation of educational facilities authori ties.- (1) In each county there is hereby created a public body corporate and politic to be known as the " County Educational Facilities Authority." Each of said authorities is constituted as a public instrumentality and the exercise by an authority of the powers conferred by this part shall be deemed and held to be the performance of an essential public function. Each of said authorities shall not transact any business or exercise any power hereunder until and unless the commission by proper ordinance or resolution shall declare that there is a need for an authority to function in such county. The determination as to whether there is such need for an authority to function : (a) May be made by the commission on its own motion, or (b) Shall be made by the commission upon filing of a petition signed by 25 residents of the county asserting that there is need for an authority to function in such county and requesting that the commission so declare. (2) The commission may adopt the ordinance or resolution declaring that there is need for an educational facilities authority in the county if it shall find that the youth of the county do not have the fullest opportunity to learn and to develop their intellectual and mental capacities because there is a shortage of educational facilities or projects at the institutions for higher education located within the county. (3) In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have been established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of an ordinance or resolution by the commission declaring the need for the authority. Such ordinance or resolution shall be sufficient if it declares that there is such a need for an authority in the county. A copy of such ordinance or resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. (4) The aforementioned ordinance or resolution shall designate not less than five persons as members of the authority created for said county. One of such members shall be a trustee, director, officer, or employee of an institution for higher education if there be such an institution located in such county. Of the members first appointed, one shall serve for 1 year, one for 2 years, one for 3 years, one for 4 years, and the remainder for 5 years, and in each case until his successor is appointed and has qualified. Thereafter, the commission shall appoint for terms of 5 years each a member or members to succeed those whose terms expire. The commission shall fill any vacancy for an unexpired term. A member of the authority shall be eligible for reappointment. Any member of the authority may be removed by the commission for misfeasance, malfeasance, or willful neglect of duty. Each member of the authority before entering upon his duties shall take and subscribe the oath or affirmation required by the State Constitution. A record of each such oath shall be filed in the office of the Department of State and with the clerk. (5) The authority shall annually elect one of its members as chairman and one as vice chairman, and shall also appoint an executive director who shall not be a member of the authority and who shall serve at the pleasure of the authority and receive such compensation as shall be fixed by the authority. (6) The executive director shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. He may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. (7) A majority of the members of the authority shall constitute a quorum, and the affirmative vote of a majority of the members present at a meeting of the authority shall be necessary for any action taken by an authority; provided, however, any action may be taken by an authority with the unanimous consent of all of the members of an authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Any action taken by the authority under the provisions of this part may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. (8) The members of the authority shall receive no compensation for the performance of their duties hereunder but each such member shall be paid his necessary expenses incurred while engaged in the performance of such duties. (9) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of an institution for higher education to serve as a member of the authority. Hlstory.-s. 4, ch ; ss. 10, 35, ch ; s. 4, ch cf.-s Per diem and traveling expenses. s. 5, Art II, Sfafe Consf. Dual officeholding Powers of authority.-the purpose of the authority shall be to assist institutions for higher education in the construction, financing, and refinancing of projects, and for this purpose the authority is authorized and empowered:

20 Ch. 243 EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES F.S (1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business. (2) To adopt an official seal and alter the same at pleasure. (3) To maintain an office at such place or places in the county as it may designate. (4) To sue and be sued in its own name, and plead and be impleaded. (5) To determine the location and character of any project to be financed under the provisions of this part; and (a) To construct, reconstruct, maintain, repair, operate, lease as lessee or lessor and regulate the same; (b) To enter into contracts for any or all of such purposes; (c) To enter into contracts for the management and operation of a project; and (d) To designate a participating institution for higher education as its agent to determine the location and character of a project undertaken by such participating institution for higher education under the provisions of this part and as the agent of the authority, to construct, reconstruct, maintain, repair, operate, lease as lessee or lessor, and regulate the same, and, as the agent of the authority, to enter into contracts for any or all of such purposes, including contracts for the management and operation of such project. (6) To issue bonds, bond anticipation notes and other obligations of the authority for any of its corporate purposes, and to fund or refund the same, all as provided in this part. (7) Generally, to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by a project or any portion thereof and to contract with any person, partnership, association, or corporation or other body public or private in respect thereof. (8) To establish rules and regulations for the use of a project or any portion thereof and to designate a participating institution for higher education as its agent to establish rules and regulations for the use of a project undertaken by such participating institution for higher education. (9) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation. (10) To receive and accept from any public agency loans or grants for or in aid of the construction of a project or any portion thereof, and to receive and accept loans, grants, aid, or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such loans, grants, aid, and contributions are made. (11) To mortgage any project and the site thereof for the benefit of the holders of revenue bonds issued to finance such projects. (12) To make loans to any participating institution for higher education for the cost of a project in accordance with an agreement between the authority and the partieipating institution for higher education; provided no such loan shall exceed the total cost of the project as determined by the participating institution for higher education and approved by the authority. (13) To make loans to a participating institution for higher education to refund outstanding obligations, mortgages or advances issued, made or given by such participating institution for higher education for the cost of a project. (14) To charge to and equitably apportion among participating institutions for higher education its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this part. (15) To do all things necessary or convenient to carry out the purposes of this part. History.-s. 5, ch Payment of expenses.-aii expenses incurred in carrying out the provisions of this part shall be payable solely from funds provided under the authority of this part, and no liability or obligation shall be incurred by an authority hereunder beyond the extent to which moneys shall have been provided under the provisions of this part. History.-s. 6, ch Acquisition of real property.-the authority is authorized and empowered, directly or by and through a participating institution for higher education as its agent, to acquire by purchase solely from funds provided under the authority of this part, or by gift or devise, such lands, structures, property, real or personal, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within or without the state as it may deem necessary or convenient for the construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the authority or in the name of a participating institution for higher education as its agent. History.-s. 7, ch Conveyance of title or interest to participating institutions.-when the principal of and interest on revenue bonds of the authority issued to finance the cost of a particular project or projects at a participating institution for higher education, including any revenue refunding bonds issued to refund and refinance such revenue bonds, have been fully paid and retired or when adequate provision has been made fully to pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions thereof, the authority shall promptly do such things and execute such deeds and conveyances as are necessary and required to convey title to such project or projects to such participating institution for higher education, free and clear of all liens and encumbrances, all to the extent that title to such project or projects shall not, at the time, then be vested in such partici-