s. 236.24 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 237.081

73-137; s. 2, ch. 80-103.

236.25 District school tax.-1(1) Each school board desiring to participate in

the state allocation offunds for current operation as prescribed by s. 236.081(6) shall levy no more than 8 mills of tax on the nonexempt assessed valuation for school purposes of the· district, exclusive of millage voted under the provisions ofs. 9(b) or s. 12, Art. VII of the State Constitution. However, in no event shall the non voted discretionary millage of a district ex­ceed 25 percent of the millage which is required pur­suant to s. 236.081(4), exclusive of millage levied pur­suant to subsection (2).

(2) In addition to the maximum millage levy as provided- in subsection (1), each school board may levy up to 2 mills of tax on the nonexempt assessed valuation for the following school purposes:

(a) New construction and remodeling projects, as set forth in s. 235.435(3), without regard to the prior­itization in that section, sites and site improvement or expansion to new sites, existing sites, auxiliary facilities, or ancillary facilities .

(b) Maintenance, renovation, and repair of exist­ing school plants. However, these funds shall not supplant current expenditures from operating reve­nues for maintenance, renovation, and repair, based on the average of the prior 3 fiscal years; and such funds shall be subject to the provisions of s. 4 of chapter 79-583, Laws of Florida.

(c) School bus replacement. (d) Any school district levying the additional mil­

lage provided by this section shall not receive funds as provided in s. 196.033 for the additional capital outlay millage.

(3) These taxes shall be certified, assessed, and collected as prescribed in s. 237.091 and shall be expended as provided by law.

( 4) All levies and collections of ad valorem taxes made for the support of public schools prior to the effective date of this section are hereby approved, ratified, and confirmed.

(5) Nothing in chapter 75-284, Laws of Florida, shall in any way be construed to incre~se the maxi­mum school millage levies as provided for in subsec­tion (1).

History.-s. 1025, ch. 19355, 1939; CGL 1940 Supp. 892(344); s. 28, ch. 69-216; s. 1, ch. 69-300; s. 4, ch. 70-401; ss. 3, 4, ch. 71-263; s. 5, ch. 72-333; s. 8, ch. 74-227; s . 34, ch. 75-284; s. 1, ch. 79-332; s. 45, ch. 80-274; s. 1, ch. 80-381.

'Note.-Section 64, ch. 80-274, provides that s. 45 of that act "shall, except where expressly provided otherwise, apply to assessment rolls and taxes lev­ied thereon for 1980 and each year thereafter."

may be incorporated in and published as a part ofthe notice· prescribed in this section.

History.-s. 1039, ch. 19355, 1939; CGL 1940 Supp. 892(358); s. 83, ch. 29764, 1955; s. 12, ch. 59-371; s. 1, ch. 69-300; s. 11, ch. 80-295.

237.041 237.051 237.081

2;37.091 237.101 237.211

CHAPTER 237

FINANCIAL ACCOUNTS AND EXPENDITURES

Form of annual budget required. Estimate of property appraiser. · · Public hearings; budgets to be submitted

to Department of Education. Levying of taxes. · Implementation of the official budget. School depositories; payments into and

. withdrawals from depositories. ·

1237.041 Form of annual budget required.­An annual budget is required to be prepared and adopted by the school board of each district and sub­mitted to the Department of Education for examina­tion each year on or before the date provided in regu­lations of the state board. Such annual budget shall be prepared in accordance with regulations pre­scribed by the state board and the provisions of s. 200.065. The annual budget submitted by each school board shall be consistent with, and contribute to, the implementation of a planned long-range school program for the district.

History.-s. 1064, ch. 19355, 1939; CGL 1940 Supp. 892(383); ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 167, ch. 72-221; s. 32; ch. 80-274.

'Note.-Section 64, ch. 80-274, provides that s. 32 of that act "shall, except where expressly provided otherwise, apply to assessment rolls and taxes lev-ied thereon for 1980 and each year thereafter." ·

Note.- Former s. 237.06.

1237.051 Estimate of property appraiser.­Pursuant to s. 200.065, the property appraiser of each county shall certify to the superintendent his estimate of the total valuation to be assessed on the current year's tax roll for nonexempt property in the county.

History.-s. 1066, ch. 19355, 1939; CGL 1940 Supp. 892(385); s. 87, ch. 29764, 1955; s. 1, ch. 61-328; s. 1, ch. 69-300; s. 167, ch. 72-221; s . 1, ch. 77-102; s. 33, ch. 80-274.

'Note.-Section 64, ch. 80-274, provides that s. 33 of that act "shall, except where expressly provided otherwise, apply to assessment rolls and taxes lev­ied thereon for 1980 and each year thereafter."

Note.-Former s. 237.08.

1237.081 Public hearings; budgets to be sub­mitted to Department of Education.-The school

236.39 · Notice of election; qualifications of board of each district shall cause a summary of its electors.-The said school board .shall also, at the tentative budget, including the proposed millage lev­meeting at which is passed the resolution provided ies as provided for by law, to be advertised one time for ins. 236.37, order that an election shall be held in a newspaper of general circulation published in in the school district to determine whether or not the district or to be posted at the courthouse door if there shall be issued by the district the bonds provid- there be nQ such newspaper. The advertisement ed for in such resolution, in which election only the shall appear adjacent to the advertisement required duly qualified electors thereof shall vote; and prior pursuant to s. 200.065. The board shall hold public to the time of holding such election, the school board hearings to adopt tentative and final budgets pursu­shall cause to be published once each week for 4 ant to s. 200.065. The hearings shall be primarily for successive weeks in a newspaper published in the the purpose of hearing requests and complaints from district a notice of the holding of such election, which the public regarding the budgets and the proposed shall specify the time and place or places of the hold- tax levies and for explaining the budget and pro­ing thereof. The resolution prescribed in s. 236.37 posed or adopted amendments thereto, if any.· The

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s. 237.081 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 237.211

school board shall then require the superintendent to transmit forthwith two copies oftheadoptedbudg­et to the Department of Education for approval as prescribed by law and regulations of the state board.

History.-s. 1070, ch. 19355, 1939; CGL 1940 Supp. 892(389); s. 8, ch. 22839, 1945; s. 16, ch. 67-387; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 167, ch. 72-221; s. 21, ch. 75-284; s. 34, ch. 80-274.

'Note.-Section 64, ch. 80-274, provides that s. 34 of that act "shall, except where expressly provided otherwise, apply to assessment rolls and taxes lev­ied thereon for 1980 and each year thereafter."

Note.-Former s. 237.12.

'237.091 Levying of taxes.-(1) Upon receipt ofthe certificate of the property

appraiser giving the assessed valuation of the county and of each of the special tax_ school districts, the school board shall determine by resolution the amounts necessary to be raised for current operating purposes and for each district bond interest and sinking fund and the millage necessary to be levied for each such fund, including the voted millage. A certified copy of the resolution shall thereupon be filed with the county property appraiser, and the school board shall also order the property appraiser to assess the several millages certified by the school board against the appropriate taxable property in the school district.

(2) The property appraiser shall then assess the taxes as ordered by the school board. Tax millages so assessed shall be clearly designated and separately identified as to source on the tax bill for other county taxes.

(3) The collector shall collect said taxes and pay over the same promptly as collected to the district school depository or depositories to be used as provid­ed by law; provided, that all taxes authorized herein shall be assessed and collected on railroad, street railroad, sleeping car, parlor car, and telegraph com­pany property in the rrianner now provided by law.

History.-s. 1076, ch. 19355, 1939; CGL 1940 Supp. 892(395); s. 169, ch. 65-239; s. 1, ch. 67-226; s. 1, ch. 69-300; s. 1, ch. 70-401; s. 167, ch. 72-221; s. 1, ch. 77-102; s. 35, ch. 80-274; s. 12, ch. 80-295.

'Note.-Section 64, ch. 80-274, provides that s. 35 of that act, which repealed subsection (4) of this section, "shall, except where expressly provided other­wise, apply to assessment rolls and taxes levied thereon for 1980 and each year thereafter." ·

Note.-Former s. 237.18.

237.101 Implementation of the official budg­et.-The official budget shall -give the appropria­tions and ·reserves therein the force and effect of fixed appropril'l.tions and reserves, and the same shall not be altered, amended, or exceeded except as authorized. However, if the actual receipts during any year are less than budgeted receipts, and any obligations are thereby incurred which cannot be met before the close of the year, such obligations shall be paid and accounted for in the ensuing fiscal year in the manner prescribed by rules of the state board and shall be payable out of the first ·funds available for that purpose.

History.-s. 167, ch. 72-221; s. 80, ch. 73-333; s. 13, ch. 80-295.

237.211 School depositories; payments into and withdrawals from depositories.-

(!) SCHOOL FUNDS TO BE PAID INTO DE­POSITORIES; TRIPLICATE RECEIPTS TO BE IS­SUED.-The tax collector, the clerk of the circuit court, the superintendent, and all other persons hav­ing, receiving, or collecting any money payable to the school district shall promptly pay the same to

the bank or banks selected by the school board to receive funds for that purpose. No bank shall be so selected unless it is qualified as an approved deposi­tory as provided by law. Each bank receiving any school money as provided herein shall make a re­ceipt for same in triplicate of which one copy shall be carefully preserved and kept by the bank, one copy shall be given to the person from whom money was received, and one copy shall be given to the school board.

(2) FUNDS ON DEPOSIT WITH EACH DEPOS­ITORY; OVERDRAWING ACCOUNTS PROHIBIT­ED.-The school board shall require an accurate and complete set of accounts to be maintained in the books and records for each fund on deposit in each district school depository. Each such account shall show the amount subject to withdrawal, amount de­posited, amount expended, and balance thereof. In compliance with the provisions of this subsection, a school board may maintain a separate checking ac­count for each such fund or may utilize a single checking account for the deposit and withdrawal of moneys from all funds and segregate the various funds on the books and records only. No check or warrant shall be drawn in excess of the balance to the credit of the appropriate fund.

(3) HOW FUNDS DRAWN FROM DEPOSITO­RIES.-All money drawn from any district school depository holding same as prescribed herein shall be upon a check or warrant drawn on authority of the school board as prescribed by law. Each check or warrant shall be signed by the chairman or, in his absence, the vice chairman of the school board and countersigned by the superintendent, with corporate seal of the school board affixed. However, as a mat­ter of convenience, the corporate seal of the school board may be printed upon the warrant and a proper record of such warrant shall be maintained. The school board may by resolution, a copy of which must be delivered to the depository, provide for internal funds to be withdrawn from any district depository by a check duly signed by at least two bonded school employees designated by the board to be responsible for administering such funds. However, the superin­tendent of schools, after having been by resolution specifically so authorized, may transfer funds from one county depository to another or within a county depository for investment purposes by written in­structions signed by the superintendent or his desig­nee.

(4) FORM OF WARRANTS; DIRECT DEPOSIT OF FUNDS.-The school board is authorized toes­tablish the form or forms of warrants, which are to be signed by the chairman or, in his absence, the vice chairman of the school board and countersigned by the superintendent, for payment or disbursement of moneys out of the school depository and to change the form thereof from time to time as the school board deems appropriate. If authorized in writing by the payee, such school board warrants may provide for the direct deposit of funds to the account of the payee in any financial institution which is designat­ed in writing by the payee and which has lawful authority to accept such deposits. The written au­thorization of the payee shall be filed with the school board. Direct deposit of funds may be by any elec-

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s. 237.211 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.06

tronic or other medium approved by the school board for such purpose. The State Board of Education shall adopt rules prescribing minimum security measures that must be implemented by any school board prior to establishing the system authorized in this subsec­tion.

(5) EXEMPTION FOR SELF-INSURANCE PROGRAMS.-The school board is authorized to contract with an approved service qrganization to provide self-insurance services, including, but not limited to, the evaluation, settlement, and payment of self-insurance claims on behalf of the school board. Pursuant to such contract, the school board may advance money to the service organization to be deposited in a special checking account for paying claims against the school board under its self-insur­ance program. The special checking account shall be maintained in a designated district school deposito­ry. The school board may replenish such account as often as necessary upon the pre~entation by the ser­vice organization of documentation for claims paid equal to the amount of the requested reimburse­ment. Such replenishment shall be made by a war­rant signed by the chairman of the board and coun­tersigned by the superintendent.

History.-s. 1090, ch.19355,1939; CGL1940 Supp. 892(409); s. 24, ch. 29754, 1955; s. 8, ch. 59-23; s. 20, ch. 63-376; s. 1, ch. 69-300; s. 1, ch. 71-163; s. 167, ch. 72-221; s. 1, ch. 78-33; ss. 5, 16, ch. 79-385; s. '3, ch. 80-285; s. 7, ch. 80-378.

Note.-Former s. 237.32. cf.-s. 136.01 et seq. County depositories.

238.06

238.07 238.08 238.181

CHAPTER 238

RETIREMENT SYSTEM FOR SCHOOL TEACHERS

Membership application, creditable ser-vice, and time for making contributions.

Regular benefits; survivor benefits. Optional benefits. Reemployment after retirement; condi­

tions and limitations.

subsection-(4). Any person made eligible to member­ship in the retirement system by provisions of this law may elect:

(a) To make no contributions for the school years between 1939-1940 and 1952-1953, inclusive, and if he so elects, shall be entitled to no membership cred­it for those years except as otherwise provided in this chapter.

(b) To make contributions with accumulated reg-. ular interest to the retirement system on or before

the time of retirement of such member for such years after July 1, 1939, as he served as a teacher, at the prescribed rate on the basis of his salary for those years, and if such contributions are made, he shall be entitled to membership service credit for such years.

(2) With respect to plans A, B, C, or D as set forth in s. 238.07, any member of the retirement system may elect to contribute to the retirement system an amount which shall be equivalent to the difference between the amount such member has contributed and the amount he would have contributed had the provisions ofs. 238.01(14) been in effect July 1, 1939, and such election must be made and the amount paid into the retirement system on or before the time of the retirement of such member.

(3) The division shall fix and determine by appro­priate rules and regulations how much service in any year is the equivalent of a year of service, but in no case shall it allow any credit for a period of ab­sence without pay of more than a month's duration nor shall it allow credit for more than 1 year of service for all service in any school year.

(4) Subject to the above restriction and to such other rules and regulations as the division shall adopt, the division shall verify, as soon as practicable after the filing of the application, the statement of service therein claimed and shall issue to each per­son who becomes a member or any person with prior teaching service in the state who becomes a member of the retirement system, a prior service certificate certifying the length of service with which he is cred­ited on the basis of his statement of service. Such prior service credit shall include credit for service

238.06 Membership application, creditable rendered prior to date of establishment as a teacher service, and time for making contributions.- within the state or in a similar capacity outside the

(1) Under such rules and regulations as the Divi- state but not more than 10 years of credit for service sion of Retirement shall adopt, each teacher upon outside the state shall be included. Credit for prior becoming a member shall file with the division an service outside the state may be claimed only by a application showing date of birth and such other person employed as a teacher in the state prior to necessary information as the division may require July 1, 1939; provided that any person who became for the proper operation of the retirement system. a member of the system after July 1, 1939, but prior Until such application is filed no teacher or his bene- to July 1, 1955, and remained a member for 10 years ficiary shall be eligible to receive any benefits under shall be entitled to receive out-of-state prior service this chapter. If a member has been a teacher in Flori- credit for a period not exceeding 10 years; provided da, he shall itemize on such application all service as that any person with out-of-state service who be­a teacher rendered prior to the date of establishment came a member of the system after July 1, 1939, but of the retirement system, including service in a simi- prior to July 1, 1955, and remained a member for 10 lar capacity in other states rendered by him prior to years shall be entitled to receive membership service July 1, 1939, for which he claims credit. Persons not credit for a period of not exceeding 10 years, includ­eligible to membership in the retirement system as ing credit for the period covered by service in the of July 1, 1939, and now eligible to membership shall Armed Forces of the nation during World War II; file with the division an application and shall meet provided such member was a public school teacher with all other requirements prescribed above. All within 1 year before entering the armed services; such persons shall be entitled to prior service credit and provided he resumed teaching, if such member for the years prior to July 1, 1939, as prescribed in shall, prior to retirement, make contribution to the

303

s. 238.06 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.06

retirement system with accumulated regular inter­est thereon in an amount equal to the contribution he would have made if such service had been ren­dered in the state subsequent to July 1, 1939; provid­ed that no member who receives, or who is entitled to receive, a pension or annuity from any other state or county or municipality or other taxing district shall receive out-of-state prior service credit or mem­bership service credit as set forth above; provided, however, that the change in this subsection shall not affect the rights of persons who have retired when this amendment to the law takes effect; provided, however, that any person who becomes a member of the system on or after July 1, 1955 and who has moved from another state to Florida, and becoming employed in a category covered by the Teachers' Re-

. tirement System, must teach in the state for 5 years before being entitled to receive any out-of-state ser­vice credit. After having been employed within the state for a period of 5 years, a teacher may establish and receive credit for 1 year of out-of-state service for each additional year of service credit witpin the state, with a maximum of 10 years out-of-state credit allowed. In order to establish and receive this out-of­state credit, a teacher, who became a member of the• system on or after July 1, 1955, but prior to October 1, 1963, must pay into the retirement system prior to retirement total contributions equal to 8 percent (plus accumulated regular interest thereon), of such out-of-state compensation as the teacher received during those years of out-of-state service for which the teacher receives out-of~state credit, provided, however, that contributions on out-of-state salary re­ceived prior to July 1, 1939, will not be required of any member in this category retiring on or after July 1, 1969. In order to establish and receive this out-of­state credit, a teacher who becomes a member of the retirement system on or after October 1, 1963, must pay into the retirement system prior to retirement, total contributions which are in addition to the regu­lar membership contributions and which, when ac­cumulated with regular interest thereon, are equal to the actuarial equivalent at the time of retirement of the monthly benefit which becomes payable at retirement on account of out-of-state credit. In the event that such accumulated additional contribu­tions at time of retirement are less than the, actuari­al equivalent at time of retirement of the monthly benefit attributable to out-of-state credit, the month­ly benefit attributable to out-of-state credit shall be reduced by an amount equal to the product of:

(a) The monthly benefit attributable to out-of-state credit, and ·

(b) The ratio that such deficiency bears to the actuarial equivalent of the monthly benefit attribut­able to the out-of-state credit.

If such accumulated additional contributions are in excess of the actuarial equivalent at time of retire­ment of the monthly benefit attributable to out-of­state credit, such excess shall be paid in a lump sum to the member at time of retirement. No person may receive retirement benefits for less than 10 years of service credit earned in Florida.

(5) Any person who is a member of the Teachers' Retirement System, and who has been employed as

an employee of any county in Florida or any county board of public instruction of Florida or the state or the United States Department of Agriculture at Welaka, Florida, shall upon payment of accumulat­ed contributions for the years subsequent to July 1, 1939, receive credit for both prior and membership service for all years in which such person was em­ployed by any county in Florida or any county board of public instruction of Florida or the state or the

. United States Department of Agriculture at Welaka, Florida, toward retirement in the Teachers' Retire­ment System; provided, such contributions shall be paid on or before the date of the retirement of such member.

(6) So long as membership continues, a prior ser­vice certificate shall be final and conclusive for re­tirement purposes as to such prior service credit, unless modified by the division upon application made by the member within 1 year after the date of issuance or modification of a prior service certificate or upon the disc'overy by the division of error or fraud.

(7) When membership ceases such certificate shall become void; should the teacher again become a member, such teacher shall enter the system as a teacher not entitled to prior service credit, except as provided in s. 238.07(12)(c); and provided further that if the teacher should so become a member fol­lowing the first occurrence of cessation of member­ship, such certificate shalf be valid until the mem­bership next ceases.

(8) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership services rendered by him since he last became a member, and also, if he has a prior service certificate which is in full force and effect, the service certified on his prior service certificate.

(9) Subject to the provisions of subsection (4), out­of-state service credit shall be allowed for:

(a) Service rendered as a teacher in American overseas dependent schools conducted by the Armed Forces of the United States for children of citizens of the United States residing in areas outside the conti-nental United States, and .

(b) Service rendered as a teacher in federally as­sisted binational schools serving as demonstration centers for methods and practices employed in the United States, as provided in 22 U.S.C. s. 1448.

(10) A member of the retirement system created by this chapter who has been eligible or becomes eligible to receive workers' compensation payments for an injury or illness occurring during his employ­ment while a member of any state retirement system shall be subject to the following provisions:

(a) If the member receives no salary payments for the period of time he receives workers' compensa­tion payments, upon his return to active employ­ment he shall receive full retirement credit for the period for which workers' compensation payments were received. No employee or employer contribu­tions shall be required i11 order for the member to receive retirement credit for such period. Such cred­it shall be based on the member's rate of monthly compensation immediately prior to his receiving workers' compensation payments.

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s. 238.06 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.07

(b) If the member receives partial salary for the period of time he receives workers' compensation payments, the required employee contributions shall be deducted from his partial salary each pay period, and, upon his return to active employment, he shall receive full retirement credit for the period for which workers' compensation payments were re­ceived. Such credit shall be based on the member's rate of monthly compensation immediately prior to his receiving workers' compensation payments.

(c) If the member is retained in full-pay status in lieu of receiving workers' compensation payments, the required employee contributions shall be deduct­ed from his salary each pay period, and he shall receive retirement credit for such period in the same manner he would have received credit had he not been injured or incapacitated.

History.-8. 6, ch. 19014, 1939; CGL 1940 Supp. 892(161); 8. 3, ch. 20749, 1941; 8 . 3, ch. 22062, 1943; 8. 3, ch. 22693, 1945; s. 3, ch. 23864, 1947; s. 7, ch. 24337, 1947; 8. 3, ch. 25398, 1949; s. 2, ch. 28196, 1953; ss. 4, 5, ch. 29942, 1955; s. 1, ch. 29913, 1955; 8. 1, ch. 59-481; s. 3, ch. 63-554; ss. 31, 35, ch. 69-106; s. 1, ch. 69-109; s. 1, ch. 71-260; s. 5, ch. 72-347; 8. 1, ch. 73-326; s. 65, ch. 79-40; s. 16, ch. 80-295.

238.07 Regular benefits; survivor benefits.­(!) If any member retires and before his death

fails to select one of the optional benefits set forth in s. 238.08, his executors or administrators shall re­ceive the excess of his accumulated contributions at retirement over the total of all annuity payments made to the member.

(2) The provisions for the retirement of a mem­ber are as follows:

(a) To retire at the age of 60 upon the basis of a standard of service of 35 years (this provision shall be known and referred to throughout this chapter as plan A); or

(b) To retire at the age of 55 upon the basis of a standard of service of 35 years (this provision.shall be known and referred to throughout this chapter as plan B); or

(c) To retire at the age of 55 upon the basis of a standard of service of 30 years (this provision shall be known and referred to throughout this chapter as plan C); or

(d) To retire after 25 years of service upon the basis of a standard of service of 25 years provided the member has reached age 50; provided, further, how­ever, that a member electing to retire under this provision shall not be eligible to receive the benefits allowed by subsection (8) and paragraph (ll)(f) (this provision shall be known and referred to throughout this chapter as plan D); or

(e) To retire: 1. At normal retirement age which shall be age

60 for those persons whose membership date, or last renewal thereof, occurred prior to July 1, 1963, and age 62 for those persons whose membership date, or last renewal thereof, occurred on or after July 1, 1963; or

2. · Prior to normal retirement age but at or subse­quent to age 55, provided that upon such date the member has completed 10 years of creditable ser­vice, which shall be the early retirement age; or

3. Subsequent to normal retirement age, which shall be the delayed retirement age; (this provision shall be known and referred to throughout this chap­ter as plan E).

The manner and time of selecting a plan of retire­ment are set out elsewhere in this chapter. -

(3) Any member who, prior to July 1, 1955, elect­ed to retire under one of plans A, B, C, or D may elect, prior to retirement, to retire under plan E in accordance with the terms hereof. Any person who became a member on or after July 1, 1955, shall retire under plan E, except as provided for under s. 238.31. With respect to plans A, B, C, or D, any mem­ber shall have the right at'any time to change to a plan of retirement requiring a lower rate of contri­bution. The Division of Retirement shall also notify the member of the rate of contribution such member must make from and after selecting such plan of retirement. Any member in service may retire· upon reaching the age of retirement formerly selected by him, upon his written application to the division set­ting forth at which time, not more than 90 days subsequent to the execution and filing of such appli­cation, it is his desire to retire notwithstanding that during such period of notification he may have sepa­rated from service. Upon receipt of such application for retirement, the division shall retire such member not more than 90 days thereafter. Before such mem­ber may retire he must file with the division his written selection of one of the optiQnal benefits pr<>'­vided in s. 238.08.

(4) Upon service retirement under plans A and B, a member shall receive a retirement allowance which shall consist of:

(a) An annuity which shall . be the actuarial equivalent of his accumulated· contributions at the time of his retirement; and

(b) A pension, in addition to this annuity, of one one-hundred-fortieth of his average final compensa­tion, multiplied by the number of his years of mem­bership service since he last became a member; and

(c) If the member has a prior service certificate in full force and effect, an additional pension of one­seventieth of his average final compensation, multi­plied by the number of years of service certified on his prior service certificate.

(5) Upon service retirement under plan C a mem­ber shall receive a service retirement allowance which shall consist of:

(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

(b) A pension, in addition to his annuity of one one-hundred-twentieth of his average final compen­sation, multiplied by the number of years of mem­bership service since he last became a member; and

(c) If the member has a prior service certificate in full force and effect, an additional pension of one­sixtieth of his average final compensation, multi­plied by the number of years of service certified .on his prior service certificate.

(6) Upon service retirement under plan D, a member shall receive a service retirement allowance which shall consist of:

(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

(b) A pension, in addition to his annuity, of one one-hundredth of his average final compensation multiplied by the number of his years of member-

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s. 238.07 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.07

ship service since he last became a member; and (c) If the member has a prior service certificate

in full force and effect, an additional pension of one­fiftieth of his average final compensation multiplied by the number of years of service certified on his prior service certificate.

(7) Upon service retirement under plan E, a member shall receive a service retirement allowance which shall be determined as follows:

(a) At normal.retirenient age: Two percent of his average final compensation multiplied by the num­ber of years of creditable service.

(b) At early retirement age: Two percent of his average final compensation multiplied by the num­ber of years of creditable service and adjusted for actuarial equivalents based on completed months by which early retirement precedes normal retirement.

(c) At delayed retirement age: .Two percent of his average final compensation multiplied by the num­ber of years of creditable service.

(8) Any member who has heretofore, or who hereafter, retires after 30 years of creditable service shall receive a retirement allowance of not less than $100 per month, provided, however that with respect to plans A, B, or C, any person with less than 30 but with 10 or more years of service shall be entitled to a service retirement allowance which shall be com­puted on the basis of an average final compensation of $2,400 per year and shall receive a retirement allowance which shall be the equivalent of one-six­tieth of said average final compensation multiplied by the number of years of his creditable service; pro­vided that in no event shall such a member receive a retirement allowance greater than $100 per month.

(9) Any member who has taught, or·who teaches in the public free schools of Florida for not less than an aggregate of 10 years and withdraws or has with­drawn from the system, may elect to leave his accu­mulated contributions in the system or to repay his withdrawn accumulations to the system, and upon reaching retirement age, he shall receive a retire­ment allowance based on the number of ·years of service which he taught in the public schools of Flor­ida before retirement, provided, that a person who has lost his membership and later returns to service shall be allowed the privilege of having credit re­stored for previous service if he returns to full-time teaching service and renders 3 ·additional years of continuous service.

(10) Any member in service, who has 10 or more years of creditable service, may upon the application of his employer or upon his own application, be re­tired by the division not less than 30 nor more than 90 days next following the date of filing such applica­tion, on a disability retirement allowance; provided that the medical board after a medical examination of such member shall certify that such member is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be re­tired.

(11) Upon retirement on account of disability, a member shall be paid his service retirement allow­ance ifhe is eligible for a service retirement allow­ance; otherwise, he shall receive a retirement allow-

ance which shall consist of: (a) An annuity which shall be the actuarial

equivalent of his accumulated contributions at the time of retirement; and

(b) If he is making contributions for retirement under plan A or B, he shall receive a pension which, together with his annuity shall provide a total retire­ment allowance equal to one-seventieth of his aver­age final compensation multiplied by the number of years of service creditable to him at retirement, if such retirement allowance exceeds 25 percent of his average final compensation; or if such retirement allowance does not exceed 25 percent of his average final compensation, a pension shall be payable which, together with his annuity, shall provide a total retirement allowance of25 percent of his aver­age final compensation; provided, however that no retirement allowance shall exceed one-seventieth of his average final compensation, multiplied by the number of years of total service which would be cred­ited to the member were his service continued to the minimum age for service retirement.

(c) If he is making contributions for retirement under plan C, he shall receive a pension which, to­gether with his annuity, shall provide a total retire­ment allowance equal to one-sixtieth of his average final compensation multiplied by the number of years of service creditable to him at retirement, if such retirement allowance exceeds 25 percent of his average final compensation; or if such retirement allowance does not exceed 25 percent of his average final compensation, a pension shall be payable which, together with his annuity, shall provide a total retirement allowance of25 percent of his aver­age final compensation; provided, however that no retirement allowance shall exceed one-sixtieth of his average final compensation multiplied by the num­ber of years of total service which would be credited to the member were his service continued to the minimum age for service retirement.

(d) If he is making contributions for retirement under plan D, he shall receive a pension, which to­gether with his annuity shall provide a total retire­ment allowance equal to one-fiftieth of his average final compensation multiplied by the number of years of service creditable to him at retirement, if such retirement allowance exceeds 25 percent of his average final compensation; or 'if such retirement allowance does not exceed 25 percent of his average final compensation, a pension shall be payable which, together with his annuity, shall provide a total retirement allowance of25 percent ofhis aver­age final compensation, provided, however that no retirement allowance shall exceed one-fiftieth of his average final compensation multiplied by the num­ber of years of total service which would be credita­ble to the member were his service continued to the minimum age of service retirement; provided, how­ever that when a member has taught the standard number of years required for retirement under any of the several retirement plans provided by this sec­tion and elected by such member, and such member shall retire on account of disability prior to attain­ment of the minimum required age under the plan elected, then such member so retired shall receive the same benefits as if he had retired on service

306

s. 238.07 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.07

retirement under the plan elected. (e) If he is making contributions for retirement

under plan E, he shall receive a retirement allow­ance which shall consist of 100 percent of the retire­ment allowance to which he would be entitled if his date of disability retirement were his otherwise nor­mal retirement date; provided, however that the re­tirement allowance payable upon disability retire­ment shall not be less than the 25 percent of average final compensation nor, if disability retirement oc­curs prior to the date on which the member is first eligible for service retirement, shall it be greater than the service retirement allowance to which the member would be entitled if he continued in active service to such date at the same rate of compensation effective on the date of disability retirement.

(f) With respect to plans A, B, or C, the average final compensation under this subsection shall be computed on the actual average final compensation, or upon the basis of an average final compensation of $2,400 per year, whichever is the greater.

(g) Notwithstanding the minimum disability re­tirement allowance set out in paragraphs (a) through (f), any member who retired prior to July 1, 1957, on account of disability, shall, on and after July 1, 1957, receive as a minimum disability retire­ment allowance $75 per month, or an annual sum equal to 40 multiplied by the number of years of his creditable service whichever is the greater, and any person who retires on and after July 1, 1957, shall, from the date of his retirement, receive as a mini­m~m disability retirement allowance $75 per month, or an annual sum equal to 40 multiplied by the number ofyears of creditable service, whichever is the greater.

(12)(a) Once each year during the first 5 years following the retirement of a member on a disability retirement allowance, and once in every 3-year peri­od thereafter, the division may require any disabili­ty beneficiary who has not yet attained his minimum service retirement age to undergo a medical exami­nation by the medical board or a physician or physi­cians designated by the medical board, such exami­nation to be made at the place of residence of said beneficiary or other place mutually agreed upon. Should a disability beneficiary, who has not yet at­tained his minimum service retirement age, refuse to submit to any such medical examination, his re­tirement allowance shall be discontinued until his withdrawal of such refusal, and should such refusal continue for 1 year, all his rights in and to his pen­sion shall be forfeited-.

(b) Should the medical board report and certify to the division that such disability beneficiary is en­gaged in or is able to engage in a gainful occupation paying more than the difference between his disabil­ity retirement allowance and his average final com­pensation, and should the division concur in such report, then the amount of his pension shall be re­duced to an amount which, together with his annui­ty and the amount earnable by him, shall equal the amount of his average final compensation. Should his earning capacity later be changed, the amount of his pension may be further modified; provided that the pension so modified shall not exceed the amount of the pension allowable under subsection (11), at the

time of retirement, nor an amount which, when add­ed to the amount earnable by the beneficiary, togeth­er with his annuity, equals the amount of his aver­age final compensation. A beneficiary restored to active service at a salary less than the average final compensation upon the basis of which he was retired shall not become a member ofthe retirement system at that time.

(c) Should a disability beneficiary under his min­imum service retirement age be at any time in ser­vice at a salary equal to or greater than his average final compensation upon the basis of which he was retired, his disability retirement allowance shall cease and he shall again become a member of the retirement system and shall contribute thereafter at the same rate at which he paid prior to disability. Any prior service certificate, on the basis of which his allowance was computed at the time of }::lis disa­bility retirement, shall be restored to full force and effect; and, in addition, upon his subsequent retire­ment he shall be credited with all his membership service on the basis of which his allowance was com­puted at the time of his disability retirement.

(13) Should a member cease to be a teacher ex­cept by death or by retirement under the provisions of this chapter, he shall be paid the amount of his accumulated contributions. Should a member die be­fore retirement, the amount of his accumulated con­tributions shall be paid to such person, if any, as he shall have nominated by written designation duly executed and filed with the division; otherwise, to his executors or administrators.

(14) Any member who retires on or after July 1, 1954, who at the time of his retirement has not served as a teacher in Florida for 10 years shall not be eligible to receive and shall not be paid any ser­vice retirement allowance.

(15) Any member of the Teachers' Retirement System who has heretofore, or who hereafter, retires and who has passed his 65th birthday and whose retirement allowance is less than $150 shall have his retirement allowance redetermined and shall be en­titled to a service retirement allowance which shall be computed on the basis of an average final compen­sation of $2,400 per year and shall receive a retire­ment allowance which shall be the equivalent of one­sixtieth of said average final compensation multi­plied by the number of years o(his creditable service; provided, that in no event shall such redetermi­nation entitle the member to receive a retirement allowance greater than $150.

(15A)(a) Any member of the Teachers' Retire­ment System who has heretofore, or who hereafter, retires with no less than 10 years of creditable ser­vice and who has passed his 65th birthday, ·may, upon application to the division, have his retirement allowance redetermined and thereupon shall be en­titled to a monthly service retirement allowance which shall be equal to $4 multiplied by the number of years of his creditable service which shall be paya­ble monthly during his retirement; provided, · that the amount of retirement allowance as determined hereunder, shall be reduced by an amount equal to:

1. Any social security benefits received by the member, and

2. Any social security benefits that the member

307

s. 238.07 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.07

is eligible to receive by reason of his own right or be vested in the division. through his spouse.

(b) No payment shall be made to a member of the Teachers' Retirement System under this act, until the division has determined the social security sta­tus of such member.

(c) Eligibility of a member of the Teachers' Re­tirement System shall be determined under the so­cial security laws and regulations;_provided, howev­er, that a member shall be considered eligible if he or his spouse has reached 65 years of age and would draw social security if he or his spouse were not en'gaged in activity that results in his or his spouse receiving income that w'ould make him or her ineli­gible to receive social security benefits. A member of the Teachers' Retirement System shall be deemed to be eligible for soci.al security benefits if he has this eligibility in his own right or through his spouse.

(d) The division shall review, at least annually, the social security status of all members of the Teachers' Retirement System receiving payment un­

No person shall be considered a child who has mar­ried or, except as provided in subparagraph 2.b. or as to a child who is physically or mentally incapable of self-support as hereinbefore set forth, has become 18 years of age.

3. A parent is a natural parent of a member and includes a lawful spouse of a natural parent.

4. A beneficiary is a person who is entitled to benefits under this subsection by reason of his rela­tion to a deceased member during the lifetime of such member.

(b) In addition to all other benefits to which a member shall, subject to the conditions set out be­low, be entitled, the beneficiary of such member shall, upon the death of such member, receive the following benefits: · Minimum period of paid service of member in Florida as regular full-time teacher

Beneficiaries of de­ceased member Benefite

der this act and shall increase or decrease payments 1. One calendar day

to such members as shall be necessary to carry out Widow or widower who has care of dependent child or children of de­ceased member.

$190.00 per month for one child. $260.00 per month if more than one child, maximum ben­elite · $260.00 per month.

the intent of this act. (e) No member of the Teachers' Retirement Sys­

tem shall have his retirement allowance reduced or any of his rights impaired by reason of this act.

(f) This subsection shall take effect on January 1, 1962.

2. One calendar day

(15B) Any person who was a member of the 3. One calendar day

Teachers' Retirement System prior to December 1, 1970, and who has collected a disability retirement allowance from the Teachers' Retirement System 4. Onecalendarday

and has returned to active teaching service, shall be deemed to have been on health leave of absence each year between the date of his disability retirement and his return to service and may elect to receive service credit for each year upon payment of the 5. Onecalendarday

required contributions plus regular interest. Howev-er, upon his retirement after June 27, 1971, his monthly retirement allowance shall be reduced by an amount calculated to recover within 10 years the 6· Ten years

total disability benefits paid to the member by the Teachers' Retirement System while he was retired 1. Retired member on disability.

One or more dependent children if there is no surviving widow or widower.

Dependent parente 65 years or older.

Designated beneficiary and, if no designated beneficiary, then the executor or administra­tor of deceased mem-ber. '

Dependent widow or widower 50 years of age and less than 65 years of age.

Widow or widower 65 years of age or older.

Designated beneficiary and if no designated beneficiary, then the executor or administra­tor of deceased retired · member.

$190.00 per month per .child; maximum ben­elite $260.00 per month if more than one child.

For each parent, $100.00 per month for life.

$500.00 lump sum death benefite payable only once.

$150.00 per month for life. ·

$175.00 per month for life.

$600.00 lump sum death lienefite payable only once. · (16)(a) Definitions under survivor benefits are:

1. A dependent is a child, widow, widower, or parent of the deceased member who was receiving not less than one-half of his support from the de-ceased member at the time of the death of such mem- Beginning on July 1, 1971, the lump sum death bene­her. fit, provided in item 7 above for the retired teacher,

2. A child is a natural or legally adopted child of shall apply to all present and future retirees of the a member, who: systems. ·

a. Is under 18 years of age, or (c) The payment of survivor benefits shall begin b. Is over 18 years of age but not over 22 years of as of the month immediately following the death of

d · 11 d d d d the member except where the beneficiary has not age an IS enro e as a stu ent in an accre ite reached the age required to receive benefits under educational institution, or paragraph (b), in which event the payment of survi-

c. Is 18 _years of age or older and is physically or vor benefits shall begin as of the month immediately mentally incapable of self-support, when such.men- following the month in which the beneficiary reach­tal and physical incapacity occurred prior to such es the required age. Provided that if death occurs child obtaining the age of18 years. Such person shall during the first 3 years of employment, the ·payment cease to be regarded as a child upon the termination of survivor benefits shall be reduced by the amount of such physical or mental disability. The determina- of monthly benefits the member's survivors are enti­tion as to such physical or mental incapability shall tled to receive under federal social security as either

308

s. 238.07 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.08

a survivor of the member or as a covered worker under federal social security.

(d) Limitations on rights of beneficiary are: 1. The person named as beneficiary in paragraph

(b) shall, in no event, be entitled to receive the bene­fits set out in such paragraph unless the death of the member under whom such beneficiary claims occurs within the period of time after the member has served in Florida as follows:

(1) Option one. He may elect to receive his bene­fits in a retirement allowance payable throughout his life.

(2) . Option two. He may elect to receive on retire­ment the actuarial equivalent (at that time) of his retirement allowance in a reduced retirement allow­ance payable throughout life, with the provisions that if he dies before he has received in payment of his annuity the amount of his accumulated contribu­

Period after serving in tions, as they were at the time of his retirement, the Florida in which balance shall be paid to such person, if any, as he

Minimum number of years of service in Florida

death of member shall nominate by written designation duly acknowl-occurs edged and filed with the division; otherwise, to his

Three to five Six to nine

Ten or more

Two years Five years Ten years

2. Upon the death of a member, the division shall make a determination of the beneficiary or benefici­aries of the deceased member and shall pay survivor benefits to such beneficiary or beneficiaries begin­ning 1 month immediately following the death of the member except where the beneficiary has not reached the age required to receive benefits under paragraph (b), in which event the payment of survi­vor benefits shall begin as of the month immediately following the month in which the beneficiary reach­es the required age. When required by the division, the beneficiary or beneficiaries shall file an applica­tion for survivor benefits upon forms prescribed by the division.

3. The beneficiaries of a member to receive survi­vor benefits are fixed by this subsection, and a mem­ber may not buy or otherwise change such benefits. H~ may, however, designate the beneficiary to re­ceive the $500 death benefits. If a member fails to make this designation, the $500 death benefits shall be paid to his executor or administrator.

4. The beneficiary or beneficiaries of a member whose death occurs while he is in service or while he is receiving a disability allowance under subsection (11), shall receive survivor benefits under this sub­section determined by the years of service in Florida of the deceased member as set out in paragraph (b). The requirement that the death of a member must occur within a certain period of time after service in Florida as set out in subparagraph 1. of paragraph (d) shall not apply to a member receiving a disability benefit at the time of his death. ·

(17) Any person who hereafter elects to receive retirement benefits under s. 112.05 shall not be enti­tled to the retirement benefits of this chapter except for the refund of his accumulated contributions as provided in subsection (13); likewise any person who elects to receive retirement benefits under this chap­ter shall thereby become ineligible to receive retire­ment benefits under s. 112.05.

History.-s. 7, ch. 19014, 1939; CGL 1940 Supp. 892(162); s. 4, ch. 22693, 1945; s. 4, ch. 23864, 1947; s. 11, ch. 25035, 1949; s. 4, ch. 25398, 1949; s. 1, ch. 28110, 1953; s. 3, ch. 28196, 1953; s. 6, ch. 29942, 1955; ss. 2, 4, 5, ch. 57-357; s. 2, ch. 61-301; ss. 1-6, ch. 61-333; ss. 2-5, ch. 61-458; ss. 4, 5, 7, 12, ch. 63-554; ss. 1, 2, ch. 65-552; s. 1, ch. 67-557; ss. 31, 35, ch. 69-106; s. 1, ch. 69-189; s. 1, ch. 70-125; s. 1, ch. 70-998; s. 1, ch. 71-198; s. 2, ch. 71-260; s. 1, ch. 71-347; s. 1, ch. 72-343; s. 1, ch. 73-326; s. 1, ch. 76-225; s. 14, ch. 80-295.

238.08 Optional benefits.-A member may elect to receive his benefits under the terms of this chapter according to the provisions of any one of the following options:

executors or administrators. (3) Option three. He may elect at any time prior

to receipt of his or her first monthly installment of retirement compensation, to receive a reduced re­tirement compensation with the provision that the surviving spouse shall continue to draw such re­duced retirement compensation so long as he or she shall live. The amount of such reduced retirement compensation shall be the actuarial equivalent of the amount of such retirement otherwise payable.

(4) Option four. He may elect at any time prior to receipt· of his or her first monthly installment of retirement compensation, to receive a reduced re­tirement compensation with the provision that the surviving spouse shall continue to draw one-half of such reduced retirement compensation so long as he or she shall live. The amount of such reduced retire­ment compensation shall be the actuarial equivalent ofthe amount of such retirement otherwise payable.

(5) If a member continues in service beyond the date he is first eligible for service retirement · and does not, prior to his death, elect Options three or four, his spouse may, at the option of the spouse, receive either the accumulated contributions of the member at date of death or the reduced retirement compensation to which the beneficiary wou.ld have been entitled under Option three, calculated on the assumption that the member retired on his date of death and died· immediately subsequent thereto pro­vided that the spouse of any member who died be­tween July 1, 1955, and June .30, 1957, both dates inclusive, is entitled to full benefits under this sub­section and further provided that for all persons who become members of the system on or after July 1, 1963, the amount of such retirement allowance oth­erwise payable to the member at his date of death shall be determined on the basis of his normal retire­ment age as defined ins. 238.07.

(6) Notwithstanding any provision in this chap­ter to the contrary, the following provisions shall apply to any member of the retirement system who 4as accumulated at least 10 years of service and dies prior to retirement:

(a) If the deceased member's surviving spouse has previously received a refund of the member's accumulated contributions made to the retirement system, such spouse may pay to the Division of Re­tirement an amount equal to the sum of the amount of the deceased member's contributions previously refunded and regular interest compounded annually on the amount of such refunded contributions from the date of refund to the date of payment to the division, and by so doing be entitled to receive the

309

s. 238.08 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 238.181

monthly retirement benefit provided in paragraph (c).

(b) If the deceased member's surviving spouse has not received a refund of the deceased member's accumulated contributions, such spouse shall, upon application to the division within 30 days of the death of the member, receive the monthly retire­ment benefit provided in paragraph (c).

(c) The monthly benefit payable to the spouse described in paragraph (a) or paragraph (b) shall be the amount which would have been payable to the deceased member's spouse, assuming that the mem­ber retired on the date of his death and had selected the option in subsection (3), such benefit to be based on the ages of the spouse and member as of the date of death of the member. The benefit shall commence on the first day of the month following the payment of the aforesaid amount to the division, if paragraph (a) is applicable, or on-the first day of the month following the receipt of the spouse's application by the division, if paragraph (b) is applicable.

(7) The surviving spouse or other dependent of any member whose employment is terminated by death shall, upon application to the director of the Division of Retirement of the Department of Admin­istration, be permitted to pay the required contribu­tions for any service performed by the member which could have been claimed by the member at the time of his death. Such service shall be added to the creditable service of the member and shall be used in the calc.ulation of any benefits which may be paya­ble to the surviving spouse or other surviving de­pendent.

(8) Upon the death of a retired member or benefi­ciary who is receiving monthly benefits under this chapter, the monthly benefits shall be paid through the last day of the month of death and shall termi­nate, or be adjusted, if applicable, as of that date in accordance with the optional form ofbenefit selected at the time of retirement.

History.-s. 8, ch. 19014, 1939; CGL 1940 Supp. 892(163); s. 7, ch. 22858, 1945; s. 4, ch. 28196, 1953; s. 7, ch. 29942, 1955; s. 3, ch. 57-357; s. 8,ch . 63-554; s. 3, ch. 65-552; ss. 31, 35, ch. 69-106; s. 1, ch . 69-110; s. 1, ch. 70-182; s. 4, ch. 72-334; s. 3, ch. 72-345; s. 1, ch. 73-326; s. 7, ch. 80-130.

238.181 Reemployment after retirement; con­ditions and limitations.-

(1) Any person who is retired under this chapter, except under the disability provisions of s. 238.07, may be employed by an employer that does not par­ticipate in a state-administered retirement system and may receive compensation from such employ­ment without limiting or restricting in any way the retirement benefits payable to such person.

(2)(a) Any person retired under this chapter, ex­cept under the disability retirement provisions of s. 238.07, may be employed by an employer that partic­ipates in a state-administered retirement system and may receive compensation from such employ-ment and retirement benefits at the same time, so long as the employment does not exceed 600 hours

shall give timely notice of this fact in writing to his employer and to the division and shall advise both of the date on which he will exceed the limitation. The division shall suspend S\!Ch retired person's benefits for the remainder of the calendar year during which he continues employment in excess of the limitation in paragraph (a). Upon commencement of the next calendar year, the division shall resume payment of the retired person's benefits until he again exceeds the employment limitation of paragraph (a), at which time his benefits shall again be suspended for the remainder of the calendar year. Should such per­son fail to provide timely notice of his employment in excess of the limitation to the division, and should he receive and retain both benefits and compensa­tion in excess of the limitation of paragraph (a), the division shall suspend his retirement benefits until he has repaid to the retirement trust fund all bene­fits received after the limitation was reached.

(c) The employment by an employer of any re­tiree of any state-administered retirement system shall have no effect on the average final compensa­tion or years of creditable service of such retiree, nor shall any deductions or contributions for retirement be made from or for the compensation received by such retiree with respect to such employment.

(d) Notwithstanding the provisions of paragraph (a), any retired person who is employed by an em­ployer under the system within 1 calendar month of retirement shall forfeit his right to benefits during that month.

(e) The limitations of this subsection shall apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the cate­gory of funds from which the person is compensated.

History.-s. 2, ch. 28110, 1953; s. 12, ch. 29942, 1955; s. 1, ch. 57-189; s. 1, ch. 69-300; "· 1, ch. 72-215; s. 4, ch. 80-126.

CHAPTER 240

POSTSECONDARY EDUCATION

PART II STATE UNIVERSITY SYSTEM

PART III COMMUNITY COLLEGE SYSTEM

PART IV SCHOLARSHIP AND , FINANCIAL AID

PART V SPECIFIC PROGRAMS AND INSTITUTIONS

PART II

STATE UNIVERSITY SYSTEM each calendar year, or the compensation earned in

240.235 such employment does not exceed $4,000 each calen-

dar year, whichever limitation permits the longer 240.241 employment. However, such limitation shall not ap-

Fees. Divisions of sponsored research at state

universities. ply to a person age 65 or older. · 240.257

(b) Any person to whom the limitation in para-graph (a) applies who will exceed such limitation 240.271

310

Florida Endowment Trust Fund for Emi­nent Scholars Act.

State University System; funding.

s. 240.235 1980 SUPPLEMENT TO FLORIDA STATUTES·1979

240.296 State University Housing Loan Fund.

240.235 Fees.-

waive any or all application, course registration, and related fees for persons 60 years of age or older who are residents of this state and who attend classes for credit. No academic credit shall be awarded for at­tendance in classes for which fees are waived under this subsection. This privilege may be granted only on a space-available basis, if such classes are not filled as of the close of registration. A university may limit or deny the privilege for courses which are in programs for which the Board of Regents has estab­lished selective admissions criteria. Persons paying full fees and state employees taking courses on a space-available basis shall have priority over those persons whose fees are waived in all cases where classroom spaces are limited.

History.-s. 19, ch. 79-222; s. 1, ch. 80-14; s. 1, ch. 80.237.

(1) The student activity and service fee shall be collected as a component part of the registration and tuition fees in the amounts approved by the Legisla­ture. The student activity and service fees shall be paid into a student activity and service fund at the university and shall be expended for lawful purposes to benefit the student body in general. This shall include, but not be limited to, student publications and grants to duly recognized student organizations, the membership of which is open to all students at the university without regard to race, sex, or reli­gion. The fund shall not benefit activities for which an admission fee is charged to students, except for intercollegiate athletics or student-government-as-sociation-sponsored concerts. The allocation and ex- 240.241 Divisions of sponsored research at penditure of the fund shall be determined by the state universities.-student government association of the university, (1) Each university, with the approval of the De­except that the president of the university may veto partment of Education, is authorized to create, as it

deems advisable, divisions of sponsored research any line item or portion thereof within the budget which will serve the function of administration and when submitted by the student government associa- promotion of the programs of research, including tion legislative body. The university president shall sponsored training programs, of the university at have 15 school days from the date of presentation of which they are located. the budget to act on the allocation and expenditure (2) The university shall set such policies to regu­recommendations, which shall be deemed approved late the activities of the divisions of sponsored re­ifno action is taken within the 15 school days. If any search as it may. consider necessary to effectuate the line item or portion thereof within the budget is purposes of this act and to administer the research vetoed, the student government association legisla- programs in a manner which assures efficiency and tive body shall within 15 school days make new effectiveness, producing the maximum benefit for budget recommendations for expenditure of the the educational programs and maximum service to vetoed portion of the fund. If the university presi- the state. dent vetoes any line item or portion thereof within (3) A division of sponsored research created un­the new budget revisions, the university president der the provisions of this act shall be under the su­may reallocate by line item that vetoed portion to pervision of the president of that university, who is intercollegiate athletics, health service, or bond obli- authorized to appoint a director; to employ full-time gations guaranteed by activity and service fees. Un- and part-time staff, research personnel, and profes­expended funds and undisbursed funds remaining at sional services; to employ on a part-time basis per­the end of a fiscal year shall be carried over and sonnel of the university; and to employ temporary remain in the student activity and service fund and employees whose salaries are paid entirely from the be available for allocation and expenditure during permanent sponsored research development fund or the next fiscal year. from that fund in combination 1with other nonstate

(2) The university may permit the deferral of sources, with such positions being exempt from the registration and tuition fees for those students re- requirements of the Florida Statutes relating to sala­ceiving financial aid from federal or state assistance ries, except that no such appointment shall be made programs when such aid is delayed in being trans- for a total period of longer than 1 year. mitted to the student through circumstances beyond (4) The president of the university where a divi­the control of the student. Failure to make timely sion of sponsored research is created is authorized to application for such aid shall be insufficient reason negotiate, enter into, and execute research con­to receive such deferral. tracts; to solicit and accept research grants and do-

(a) Veterans and other eligible students receiv- nations; and to fix and collect fees, other payments, ing benefits under chapter 32, chapter 34, or chapter and donations that may accrue by ·reason thereof. 35, 38 U.S.C., shl;l.ll be entitled to one deferment each (5) A division of sponsored research shall be fi­academic year and an additional deferment each nanced from the moneys of a university which are on time there is a delay in the receipt of their benefits. deposit or received for use in the research or related

(b) The university is required to enforce the col- programs of that particular university. Such moneys lection of or otherwise settle delinquent accounts. shall be deposited by the university in a permanent

(3) Any dependent child of a special risk member sponsored research development fund in a deposito­as defined in s. 121.021(15) shall be entitled to a full ry or depositories approved for the deposit of state waiver of undergraduate fees if the special risk funds and shall be accounted for and disbursed sub­member was killed in the line of duty. This waiver ject to regular audit by the Auditor General. shall apply until the child's 25th birthday. To qualify (6) The fund balance on hand in any existing re­for this waiver, the child shall be required to meet search trust fund in the respective university, at the regular admission requirements. time a division of sponsored research is created, shall

(4) The Board of Regents shall establish rules to be transferred to a permanent sponsored research

311

s. 240.241 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.257

development fund established for the university, and thereafter the fund balance of the sponsored re­search development fund at the end of any fiscal period may be used during any succeeding period for the purposes and in the manner authorized by this act.

(7) Moneys deposited in the permanent spon­sored research development fund of a university shall be disbursed in accordance with the terms of the contract, grant, or donation under which they are received. Moneys received for overhead or indi­rect costs and other moneys not required for the payment of direct costs shall be applied to the cost of operating the division of sponsored research. Any surplus moneys shall be used to support other re­search or sponsored training programs in any area of the university. Moneys allocated for the salaries of regular university employees shall be transferred to the appropriate fund of a university and shall be '!>aid out by the Comptroller in the same manner as salaries for other university employees. Transporta­tion and per diem expense allowances shall be the same as those provided by law for state employees in s. 112.061.

(8)(a) Each University shall submit to the Board of Regents a report of the activities of each division of sponsored research together with an estimated budget for the next biennium.

(b) Not less than 90 days prior to the convening of each regular session of the Legislature in which an appropriation· shall be made, the Board of Re­gents shall submit to the chairman of the appropria­tions committee of each house of the Legislature a compiled report, together with a compiled estimated budget for the next biennium. A copy of such report and estimated budget shall be furnished to the State Board of Education and to the Governor, as the chief budget officer of the state.

(9) All purchases of a division of sponsored re­search shall be made in accordance with the policies and procedures of the university; however, in com­pliance with policies and procedures established by the university and concurred in by the Department of Education, whenever a director of sponsored re­search shall certify to the president that, in a partic­ular instance, it is necessary for the efficient or expe­ditious prosecution of a research project, the pur­chase of material, supplies, equipment, or services for research purposes shall be exempt from the gen­eral purchasing requirement of the Florida Statutes.

(10) . The university may authorize the construc­tion, alteration, or remodeling of buildings when the funds used are derived entirely from the sponsored research development fund of a university or from that fund in combination 'with other nonstate sources, .provided that such construction, alteration, or remodeling is for. use exclusively in the area of research; it also may authorize the acquisition of real property when the cost is entirely from said funds. Title to all real property shall vest in the Board of Trustees of the Internal Improvement Trust Fund and shall only be transferred or con­veyed by it.

(11) The sponsored research programs of the In­stitute of Food and Agricultural Sciences and the engineering and industrial experiment station shall

continue to be centered at the University of Florida as heretofore provided by law.

(12) The operation of the divisions of sponsored research and the conduct of the sponsored research program are hereby expressly exempted from the provisions of any other laws or portions of laws in conflict herewith and are, subject to the require­ments of subsection (9), exempted from the provi­sions of chapters 215, 216, and 283.

(13) The divisions of sponsored research may pay, by advancement or reimbursement, or a combi­nation thereof, the costs of per diem of officers ·and employees of the state and of other authorized per­sons, as defined in s. 112.061(2)(e), for foreign travel up to the current rates as stated in the grant and contract terms and may also pay incidental expenses as authorized by s. 112.061(8). This subsection ap­plies to any state officer or employee traveling in foreign countries for sponsored programs of the uni­versity, if such travel expenses ar.e approved in the terms of the contract or grant. The provisions of s. 112.061, other than those relating to per diem, apply to the travel described in this subsection. As used in this subsection, "foreign travel" means any travel outside the United States and its territories and pos­sessions and Canada. Persons traveling in foreign countries pursuant to this section shall not be enti­tled to reimqursements or advancements pursuant to s. 112.061(6)(a)2. for such travel.

(14) Each division of sponsored research is au­thorized to advance funds to any principal investiga­tor who, under the contract or grant terms, will be performing a portion of his research at a site that is remote from the university. Funds shall be advanced only to employees .who have executed a proper pow­er..of-attorney with the university to ensure the proper collection of such advanced funds if it be­comes necessary. As used in this subsection, the term "remote" means so far removed from the uni­versity as to render normal purchasing and payroll functions ineffective.

History.-ss. 1-12, ch. 63-534; s. 18, ch. 65-130; s. 1, ch. 67-90; ss. 2, 3, ch. 67-371; s. 8, ch. 69-82; ss. 15, 31, 35, ch. 69-106; s. 76, ch. 77-104; s. 5, ch. 77-320; s. 29, ch. 79-222; ss. 1, 2, ch. 80-172.

'Note.-The word "with" was substituted for "and" by the editors. Note.-Former s. 241.621.

240.257 Florida Endowment Trust Fund for Eminent Scholars Act.-

(1) SHORT TITLE.-This section shall be known and may be cited as the "Florida Endowment Trust Fund for Eminent Scholars Act."

(2) LEGISLATIVE INTENT.-The Legislature recognizes that the State University System woul9, be greatly strengthened by the addition of distin­guished scholars. It further recognizes that private support as well as state support is preferred in help­ing to obtain distinguished scholars for the state uni­versities and that private support will help strength­en the commitment of citizens and organizations in promoting excellence throughout all state universi­ties. It is therefore the intent of the Legislature to establish a trust fund to provide the opportunity to each state university to receive and match challenge grants to create endowments for selected eminent scholars to occupy chairs within the university. The associated foundations that serve the universities .shall solicit and receive gifts· from private sources to

312

s. 240.257 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.271

provide for matching funds to the trust fund chal­lenge grants for the establishment of endowments for chairs within universities.

(3) ESTABLISHMENT OF THE TRUST FUND. -There is established a Trust Fund for Eminent Scholars to be divided into challenge grants to be administered by the Board of Regents. The Legisla­ture shall designate funds to be transferred to the trust fund from the General Revenue Fund. All ap­propriated funds deposited into the trust fund shall be invested by the State Board of Administration pursuant to the provisions of s. 215.44. Interest in­come accruing to . that portion of the trust fund not matched shall increase the total funds available for challenge grants.

(4) ALLOCATION AND ADMINISTRATION OF THE TRUST FUND.-

(a) For the duration of the program, each univer­sity shall be eligible to match one-ninth of the funds provided in s. 124, chapter 79-222, Laws of Florida. Any university which has matched one-ninth of the fund previously provided shall be eligible to match the additional funds appropriated herein. The amount appropriated to the trust shall be allocated by the Board of Regents to each university on the basis of one $400,000 challenge grant for each $600,-000 raised from private sources. If a university chooses to pursue the use of the allocated challenge grant funds, such funds shall be matched on a 1% to 1 basis. Matching funds shall come from contribu­tions made after July 1, 1979, and pledged for the purposes of the act. To be eligible, such contributions must be in excess of the total average annual level of contributions made to the foundation in the 3 fiscal years prior to July 1, 1979. Each university foundation shall establish its own Eminent Scholars Trust Fund for each challenge grant as a depository for private contributions and state matching funds as provided herein. State matching funds in the amount of $400,000 shall be transferred to a univer­sity foundation upon notification that the university has received and deposited $600,000 in its own Emi­nent Scholars Trust Fund. Contributions may also be eligible for matching if there is a commitment to make a donation of at least $600,000 and an initial payment of $100,000 accompanied by a written pledge to provide the balance within 5 years after the date of such initial payment. Payments on the balance must be at least $100,000 per year and shall be made on or before the anniversary date of the initial payment. Pledged contributions shall not be eligible for matching prior to the actual collection of the total ·funds. Once the income from the endow­ment can be effectively utilized pursuant to subsec­tion (5), the university shall proceed to implement plans for establishing an endowed chair. Any funds which remain unmatched by contribution or pledge of contribution as outlined above on June 30, 1983, shall be available for matching by any university. No funds accruing to the New College Foundation of the University of South Florida for its separate en­dowment program shall qualify for an endowed chair as_ provided for in this act.

(b) The foundation serving a university shall have the responsibility for the maintenance and in­vestment of its trust fund and for the administration

of the program at that university. The governing board of.each foundation shall be responsible for soliciting and receiving gifts to be used as matching funds to be deposited and matched with the chal­lenge grants for the establishment of the endow­ments for the specified univei'sity. Once an endow- · ment is established and operating, there may be fur­ther challenge grants to be matched for the estab­lishment of more chairs. Each foundation shall in­clude in its annual report to the Board of Regents information concerning collection and investment of matching gifts and donations and investment of the trust fund.

(5) ESTABLISHMENT OF CHAIRS.- When the sum of the challenge grant and matching funds reaches $1,000,000, the foundation and the president of the university may recommend to the Board of Regents, for its approval, the establishment of an endowed chair. The Board of Regents must then ap­prove the recommendation, considering the existing programs of the State University System, in order for the chair to be established. The chair, which is then the property of the university, may be named in honor of a donor, benefactor, or honoree of the university, at the option of the foundation. ·

(6) SELECTION OF EMINENT SCHOLARS.­(a) The president shall be responsible for the fi­

nal approval of criteria to be used in the selection process.

(b) Presidents of the universities shall nominate individuals for consideration as candidates, or indi­viduals may apply to the foundation for considera­tion as candidates. Candidates for the chairs may or may not be currently employed as faculty members of the granting institutions; however, a candidate not so employed must become employed as a faculty member by the granting institution upon acceptance of the chair.

(c) The president of the university shall establish a committee to process each application or nomina­tion. The committee shall consist of at least the fol­lowing: one member appointed by student govern­ment; two faculty members appointed by the presi­dent; and four members appointed by the founda­tion, one of whom shall be an alumnus of the univer­sity. The committee shall recommend to the presi­dent for his approval one or more eligible candidates. The president shall select the candidate to be offered the chair. If a candidate is not selected by the presi­dent or if the approved candidate does not accept the chair, the selection process shall be repeated.

(d) Upon the approval of the president, proceeds of the endowment may be used as salaries or a sup­plement for salaries for the holder of the chair and for those individuals directly associated with the holder of the chair's scholarly work and for other expenses directly related to the chair's scholarly work.

History.-s. 123, ch. 79-222; s. 1, ch. 80-226.

240.271 State University System; funding.­(1) Planned enrollments for each university as

accepted or modified by the Legislature and program cost categories shall be the basis for the allocation of appropriated funds to the universities.

(2) In addition to enrollment-based appropria­tions, categorical programs shall be established in

313

s. 240.271 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.296

the State University System which are not directly related to student enrollment. Such programs shall be based upon the assigned missions of the institu­tions and shall include, but not be limited to, re­search and public service programs. Appropriations by the Legislature and allocations by the board shall be based upon full costs, as determined pursuant to subsection (1), and priorities established by the Leg­islature.

(3) The Legislature by line item in an appropria­tions act may identify programs of extraordinary quality for the utilization of state funds to be matched by nonstate and nonfederal sources.

(4) The Board of Regents shall establish a cost­estimating system consistent with the requirements of subsection (1) and shall report as part of its legisla­tive budget request the actual expenditures for the fiscal year ending the previous June 30. The report shall include total expenditures from all sources and shall be in such detail as needed to support the legis­lative budget request.

(5) If the actual enrollment for any university is 'less than the planned enrollment by 0 to 5 percent for any fiscal year, and no more than 8 percent less for any biennium, the university shall receive full funding as allocated. If the actual enrollment is less than planned enrollment by more than 5 percent for any fiscal year or more than 8 percent for any bien­nium, the university's allocation for instruction shall be reduced proportionately to the difference between 5 percent and the actual percentage reduc­tion in enrollment for any fiscal year, or the differ­ence between 8 percent and the actual percentage reduction in enrollment for the biennium, whichev­er is larger. If actual enrollment exceeds target en­rollment, there shall be no increased allocation, and an explanation of the excess shall be provided with the next year's enrollment plan.

(6) For the 1979-1981 biennium, any quality im­provement funds appropriated by the Legislature for the State University System and referenced to this section shall be allocated in the following manner:

(a) . All disciplines shall be categorized as follows: 1. Category I-The laboratory sciences and techni­

cal disciplines. 2. Category li-The professional and education

disciplines. 3. Category III-The fine arts and foreign lan-

guage disciplines. 4. Category IV-All other disciplines. 5. Category V-Law. (b) For allocation purposes, the Board of Regents

shall divide any quality improvement funds among the different levels and categories in the following manner:

Percentage 1. Lower level: category 1.. .. ..................... .. .. .. .... . 5 2. Lower level: category II ...................... .. .. .. .... .. 3 3. Lower level: category III ... .... ........ .. .. ...... .. .. . .. 2 4. Lower level: category IV .... .. ... ..... .. .......... ...... 9 5. Upper level: category I .. .... .. ...... .. .... .. ... .. .. ... 11 6. Upper level: category 11 .... .. .. .... ..... .. ........ .... . 23 7. Upper level: category III ....... .. .... : ........ .. ..... . :. 4 8. Upper level: category IV ...... ... ............. ........ 18 9. Beginning graduate: category I ... ........ ......... 2 10. Beginning graduate: category II .............. .. 9

11. Beginning graduate: category 111.. .... ........ 0.5 12. Beginning graduate: category IV ...... .. ...... .. 2 13. Beginning graduate: category V .. . ... .. ..... ... 3 14. Advanced graduate: category !... ... .. .... ...... .. 2 15. Advanced graduate: category II .. .. .... .. ........ 4 16. Advanced graduate: category IIi ....... ....... 0.5 17. Advanced graduate: category IV .. .. .. ...... .. .. 2 (c) Each university shall receive funds for quali-

ty improvement in a lump sum allocation for each fiscal year of the biennium and shall expend these funds in accordance with cost data analysis and uni­versity priorities in conformance with the system­wide and university master plans.

(d) However, any increase in salary rate result­ing from new positions shall not exceed 25 percent of each university's total allocation for quality im­provement in fiscal year 1979-1980.

(7) The enrollment planning plus program cost data established by this section may be phased in as practicable during the 1979-1981 biennium but shall be used as the basis for preparing the legislative budget requests for succeeding bienniums.

History.-s. 39, ch. 79·222; s. 2, ch. 80-226.

240.296 State University Housing Loan Fund.--'-

(1) SHORT TITLE.-This section shall be known and may be cited as the "State University Housing Loan Fund Act."

(2) DEFINITIONS.-As used in this section: (a) "Current severe housing shortage" is an ex­

isting shortage in supply of acceptable, safe, and san­itary housing available for currently enrolled full­time students at reasonable rents within the com­muting area of the educational institution.

(b) "Developmental cost" means the cost of land and site improvement, architectural and engineer­ing services, and construction; the cost of acquiring existing and related dining facilities; and the cost of built-in or installed kitchen equipment or food-ser­vice equipment in central dining facilities.

(c) "Eligible applicant" means any institution within the State University System.

(d) "Housing" means structures or portions of structures which consist of living accommodations for students.

(3) LEGISLATIVE INTENT.-The Legislature recognizes the need for rehabilitation, alteration, and renovation of housing facilities to provide hous­ing for students attending the state universities. It is further recognized that loans from the ·fund estab­lished by this section may be made in accordance with applicable rules only to the extent that appli­cants are unable to obtain necessary financing else­where on equally favorable terms or conditions. It is, therefore, the intent of the Legislature to establish a loan fund to provide the opportunity for each state university to obtain funds for student housing. This loan program shall be administered through the ex­isting offices of the Board of Regents, and no new office or agency shall be established for this purpose.

(4) ELIGIBILITY REQUIREMENTS.-The fol­lowing projects shall be eligible for application:

(a) Rehabilitation and renovation projects to con­serve energy and reduce fuel consumption, maintain the quality oflife, provide for the safety of residents, and reduce operating costs of existing housing and

314

s. 240.296 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.359

related dining facilities. Applications for funds allo­cated under this category must include the· estimat­ed number of months before operating cost savings would equal development cost, less current inflation factors. Allocations shall be based upon the age of a facility, its physical condition, the status of deferred maintenance, and the need or demand for university housing.

(b) Renovation, refurbishing, alterations, and equipment as determined necessary to meet state and federal requirements for accessibility for handi­capped students. Funds allocated under this catego­ry must meet specifically the needs of handicapped students as defined in s. 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93-112) and as they relate to the university's housing program.

In order to exclude projects which are uneconomical or exceed reasonable design standards, applications propo_sing a developmental cost exclusive of land or extraordinary cost in excess of$14,000 per occupant based upon designated capacity of proposed housing projects are not eligible.

(5) APPLICATlON AND ALLOCATION OF FUNDS.- .

(a) Applications shall be received once a year and must be filed in the office of the Board of Regents no later than August 1. .

(b) Only one application for request of funds may be submitted and considered per institution under . each pf the three categories.

(c) A subcommittee ofthe Board.ofRegents shall be established to review and approve all applica-tions. ,

(d) . All construction allocations shall be governed by state rules pertaining to construction and pur­chase.

(6) LOAN TERMS AND LIMITATIONS.-(a) Loans will be amortized by approximately

equal periodic payments ofcombined _principal and interest over the life of the loan. Such payments shall be made not less 1frequently than annually, and not more 1frequently than semiannually.

(b) Funds shall be made available for projects o~tlined in paragraphs (4)(a) and (b) from the Capital Improvement Fee Trust Fund as provided for by the appropriations act.

(c) The minimum loan which may be requested is $25,000.

History.-s. 3, ch. 80-314. 'Note.-The word "frequently" was inserted by the editors.

PART III

COMMUNITY COLLEGE SYSTEM

240.349 Requirements for participation in commu­nity college program fund.

240.357 Procedure for determining the transporta­tion density index for community col­leges.

240.359 Procedure for determining state financial support and annual apportionment of state funds to each community college district. .

240.375 Payment of costs of civil actions against

officers, employees, or agents of district board of trustees.

240.376 Provisions for the protection of property by district boards of trustees.

240.349 Requirements for participation in community college program fund.-

(1) Each district which participates in the state appropriations for the community college program fund shall provide evidence of its effort to maintain an adequate community college program which shall meet the minimum standards prescribed by the State Board of Education in accordance with s. 240.325.

(2) Each board of trustees of each community col­lege which participates in the community college program fund is directed to establish rules to waive any or all application, course-registration, and relat­ed fees for persons 60 years of age or older who are residents of this state and who attend classes which are funded under the. community college program fund. This privilege may be granted only on a space­available basis if such classes are not filled as of the close of registration. A community college may limit or deny the privilege for courses which are in pro­grams for which the board of trustees has estab­lished selective admissions criteria.

History.-s. 7, ch. 63-495; s. 160, ch. 65-239; s. 13, ch. 68-5; s. 70, ch. 72-221; s. 6, ch. 72-348; s. 56, ch. 79-222; s. 2, ch. 80-237.

Note.-Former ss. 236.71, 230.0113, 230.763. cf.-s. 240.359(3)(i) Assigned full-time equivalent students.

240.357 Procedure for determining the trans­portation density index for community colleges. -[Repealed by s. 16, ch. 80-295.]

240.359 Procedure for determining state fi. nancial support and annual apportionment of state funds to each community college district. -The procedure for determining state 'financial suP­port and the annual apportionment to each commu­nity college district authorized to operate a commu­nity college under the provisions of s. 240.313 shall be as follows: ·

(1) DETERMINING THE AMOUNT TO BE IN­CLUDED IN THE STATE COMMUNITY COL­LEGE PROGRAM FUND FOR THE CURRENT OP­ERATING PROGRAM . ...::.

(a) The Department of Education shall deter­mine annually from an analysis of operating costs, prepared in the manner prescribed by rules of the State Board of Education, the costs per full-time equivalent student served in courses and fields of study ·offered in co~munity colleges. Such fields of study shall be classified into multilevel cost catego­ries in relation to the average statewide costs and the costs adjusted, to the year of apportionment for changes in economic conditions and other factors as prescribed by rules of the State Board of Education.

(b) The allocation of funds for community col­leges shall be based on advanced and professional disciplines, occupational disciplines, compensatory programs, and adult elementary and secondary pro­grams. The occupational disciplines shall be further subdivided into technical, skilled and semiskilled, and supplemental.

(c) The amounts determined by multiplying the cost of each field of study times the full-time equiva-

315

s. 240.359 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.359

lent students estimated by the Department of Educa­tion shall be submitted to the Executive Office ofthe Governor with the legislative budget request prior to each regular session of the Legislature.

(d) The State Board of Education shall adopt rules to implement s. 9(d)(8)f., Art. XII of the State Constitution. These rules shall provide for the use of the funds available under s. 9(d)(8)f., Art. XII by an individual community college for operating expense in any fiscal year during which the State Board of Education has determined that all major capital out­lay needs have been met. Highest priority for the use of these funds for purposes other than financing ap­proved capital outlay projects shall be for the proper maintenance and repair of existing facilities for projects approved by the State Board of Education. However, in any fiscal year in which funds from this source are authorized for operating expense other than approved maintenance and repair projects, the allocation of community college program funds shall be reduced by an amount equal to the sum used for such operating expense for that community college that year, and that amount shall not be released or allocated among the other community colleges that year. ·

(2) DETERMINING THE AMOUNT TO BE IN­CLUDED FOR CAPITAL OUTLAY AND DEBT SERVICE.-The amount included for capital outlay and debt service shall be as determined and provided in s. 18, Art. XII ofthe State Constitution of1885, as adopted by s. 9(d), Art. XII of the 1968 revised State Constitution and State Board of Education rules.

(3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-

(a) By December 15 of each year, the Department of Education shall estimate the annual enrollment of each community college for the current fiscal year and for the 6 subsequent fiscal years. These esti­mates shall be based upon prior years' enrollments, upori the initiai fall term enrollments for the current fiscal year for each college, and upon each college's estimated current enrollment and demographic changes in the respective community college dis­tricts.

(b) The enrollment as accepted or modified by the Legislature shall be the assigned enrollment and the basis for the allocation of appropriated funds to the Division of Community Colleges by the Legisla­ture and to the individual colleges by the division.

(c) The apportionment to each community col­lege from the community college program fund for current operations shall be based on an assigned full-time equivalent enrollment as determined in paragraphs (a) and (b) and shall consider the cost level of each field of study and such other factors as prescribed by rules of the State Board of Education.

(d) If the actual enrollment for any community college isfrom 0 to 5 percent or 100 full-time equiva­lent students, whichever is greater, less than the assigned enrollment for any fiscal year, and no more than 8 percent less for any biennium, the college shall receive full funding as allocated. If the actual enrollment is more than 5 percent below the as­signed enrollment for any fiscal year or more than 8 percent for any biennium, the college's allocation for direct instructional cost shall be reduced propor-

tionately to the difference between 5 percent and the actual percentage reduction in enrollment for any fiscal year or the difference between 8 percent and the actual percentage reduction in enrollment for the biennium, whichever is larger. If actual enroll­ment of a college exceeds the assigned enrollment, there shall be no increased allocation. Any institu­tion not meeting its assigned enrollments within the 5-percent difference shall enroil the elderly in exist­ing courses, at no charge to them, within the 5-per­cent difference. "Elderly" shall be defined as persons 65 years of age or older. If the course is offered for credit, the elderly may enroll in the course, but shall not receive credit for the course.

(e) No community college shall commit funds for the employment of personnel or resources in excess of those required to continue the same level of sup­port for either the previously approved enrollment or the revised enrollment, whichever is lower.

(f) The apportionment to each community col­lege district for capital outlay and debt service shall be the amount determined in accordance with sub­section (2). This amount, less any amount deter­mined as necessary for administrative expense by the State Board of Education and any amount neces­sary for debt service on bonds issued by the State Board of Education, shall be transmitted to the com­munity college district board of trustees to be ex­pended in a manner prescribed by rules of the State

· Board of Education. (g) The total apportionment to each community

college district from state funds shall be the total apportionment from the community college pro­gram fund for each community college district as determined in paragraph (c) and the amount for cap­ital outlay and debt service as provided in paragraph (f). .

(h) Colleges shall seek 'to maintain an unencum­bered fund balance of between 4 and 10 percent of the funds available in the current general fund of the operating budget. If the 10-percent upper level is exceeded for 2 consecutive years, the appropriation to the college in a succeeding fiscal year shall be reduced by the average of the excess of the fund balance over the 10 percent for the 2 years. In excep­tional cases, when fund balances greater than 10 percent are necessary for a college, prior approval shall be obtained from the 'director of the Division of Community Colleges.

(i) Any community college which is enrolling stu­dents pursuant to the provisions ofs. 240.349(2) and which has not achieved its assigned full-time equiva­lent students as authorized in this subsection may include such students for whom fees have been waived to the extent necessary to earn for that com­munity college the assigned full-time equivalent stu­dents for that year.

(4) EXPENDITURE OF ALLOCATED FUNDS. -Any funds allocated herein to any district for a public community college shall be expended only for the purpose of supporting that college.

History.-s. 7, ch. 63-495; ss. 163-165, ch. 65-239; s. 1, ch. 65-434; s. 1, ch. 68-2; s. 15, ch. 68-5; ss. 3-5, ch. 68-14; ss. 15, 35, ch. 69-106; s. 1, ch. 69-213; s. 31, ch. 69-216; s. 1, ch. 69-300; ss. 12-14, ch. 70-94; ss. 65, 70, ch. 72-221; ss. 3, 9, ch. 72-348; s. 4, ch. 72-352; s. 1, ch. 73-232; s. 2, ch. 74-293; s. 1, ch. 77-174; s. 104, ch. 79-190; s. 59, ch. 79-222; s. 2, ch. 80-237.

316

s. 240.359 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.413

Note.-See former ss. 236.74, 230.0117, 230.767.

240.375 Payment of costs of civil actions against officers, employees, or agents of district board of trustees.-Whenever any civil action has been brought against any officer of the district board of trustees, including a board member, or any person employed by or agent of the district board of trus­tees, of any public community college for any act or omission arising out of and in the course of the per­formance of his duties and responsibilities, the dis­trict board of trustees may defray all costs of defend­ing such action, including reasonable attorney's fees and expenses together with costs of appeal, if any, and may save harmless and protect such person from any financial loss resulting therefrom; and the board of trustees is authorized to be self-insured, to enter into risk-management programs, or to pur­chase insurance for whatever coverage it may choose, or to have any combination thereof, to cover all such losses and expenses.

History.-s. 1, ch. 69-210; s. 70, ch. 72-221; s. 63, ch. 79-222; s. 1, ch. 80-285. Note.-Former s. 230.774.

240.376 Provisions for the protection of prop­erty by district boards of trustees.-The district boards of trustees shall be responsible for managing and protecting real and personal property acquired or held in trust for use by and for the benefit of such college. To that end, any board is authorized to be self-insured, to enter into risk-management pro­grams, or to purchase insurance for whatever cover­age it may choose, or to have any combination there­of, in anticipation of any loss, damage, or destruc­tion.

History.-s. 2, ch. 80-285; s. 10, ch. 80-325.

PART IV

SCHOLARSHIP AND FINANCIAL AID

240.402 Florida Academic Scholars' Fund. 240.413 Seminole and Miccosukee Indian Scholar­

ships.

240.402 Florida Academic Scholars' Fund.­(1) There is created a Florida Academic Scholars'

Fund, to award scholarships to each Florida student who:

(a)l. If he is an undergraduate student, is recog­nized by the merit or achievement programs of the National Merit Scholarship Corporation as a schol­ar, finalist, semifinalist, or commended student or has obtained a 3.5 grade point average in high school academic subjects and has scored in the upper 2 per­cent of the graduating class of an accredited high school; or,

2. If he is a graduate student, has maintained a 3.5 grade point average, or equivalent, and has scored in the upper 2 percent of the graduating class of an accredited public or private college or universi­ty; .

(b) Has been a bona fide resident of this state for the preceding 2 years prior to graduation from high school or equivalent, as defined in s. '229.814; and

(c) Attends, on a full-tirne basis, a state universi­ty or community college authorized by Florida law;

a nursing diploma school approved by the Board of Nursing; any Florida college, university, or commu­nity college which is accredited by a member of the Council on Postsecondary Accreditation; or any Florida institution the credits of which are accepta­ble for transfer to state universities. . (2) Each student who meets such requirements is

eligible for a stipend for tuition and registration fees, not to exceed $1,200 per academic year. This award is in addition to other scholarships, grants, or loans received by the student, but shall be used in the determination of need for awards based on need. If a student transfers from one eligible institution to another as specified in subsection (3), his grant shall be transferable. The amount of unmet need shall be recalculated for the new institution in accordance with s. 240.409(1) and (3). Payments .of academic scholars' awards shall be transmitted, .on behalf of the students, to the president of the college, universi­ty, community college, or nursing diploma school which the recipient is attending or to his representa­tive in advance of the registration period. Should any recipient terminate his enrollment for any rea­son during the academic year, the unused portion of the grant, as determined by policies and rules of the Department of Education, shall be refunded within 60 days to the department, for the purposes of this section, by the. president of the college, university, community college, or nursing diploma school, or by his representative.

(3) Recipients of academic scholarships shall maintain the equivalent of a 3.2 cumulative grade average in undergraduate studies, or a 3.5 cumula­tive grade average or the equivalent in graduate studies, on a 4.0 scale, or shall maintain an approved equivalent student progress evaluation plan, on at least 12 hours per quarter, trimester, or semester in order to be eligible for a continuation of the award. No undergraduate student may receive a Florida Ac­ademic Scholars' Fund award for more than the equivalent of 8 semesters or 12 quarters. No gradu­ate student may receive a Florida Academic Schol­ars' Fund award for more than 3 years. The award may be renewed on an annual basis upon a showing by the recipient that he meets the necessary qualifi­cations. If any recipient transfers from one accredit­ed Florida college, university, community college, or nursing diploma school to another eligible institu­tion, his award shall be transferable, provided he is otherwise eligible for the award.

(4) The Department of Education shall adminis­ter this fund under policies and rules established by the State Board of Education.

(5) The Legislature shall appropriate biennially, from general revenue, funds to be deposited in the Florida Academic Scholars' Fund, as created herein, for the purpose of funding this act.

History.-ss. 1, 2, ch. 80-314. 'Note.-The reference to s. 229.814 was substituted by the editors for a

reference to s. 299.814 to correct an apparent typographical error.

240.413 Seminole and Miccosukee Indian Scholarships.-

(1) There is created a Seminole and Miccosukee Indian Scholarship Fund to be administered by the Florida Student Financial Assistance Commission of the Department ofEducation in accordance with pol-

317

s. 240.413 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 240.505

icies established by the State Bo~rd of Education. The Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida shall act in an advisory capacity in the development of the rules.

(2) Scholarships shall be awarded by the commis­sion to students who:

(a) Have graduated from high school, have earned an equivalency diploma issued by the Depart­ment of Education pursuant to s. 229.814, have earned an equivalency.diploma issued by the United States Armed Forces Institute, or have been accept­ed through an early admission program;

(b) Are enrolled at a state university or commu­nity college authorized by Florida law; a nursing diploma school approved by the Board of Nursing; any Florida college, university, or community col­lege which is accredited by a member of the Council on Postsecondary Accreditation; or any Florida in­stitution the credits of which are acceptable for transfer to state universities;

(c) ·Are enrolled as either full-time or part-time undergraduate students and make satisfactory aca­demic progress as defined by the college or universi­ty; and

(d) Have been recommended by the Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida.

(3) Recommendation by the Seminole Tribe of Florida or the Miccosukee Tribe oflndians of Florida shall:

(a) Be based upon established standards of finan­cial need as determined by the respective tribe and the commission;

(b) Be based upon such other eligibility require­ments for student financial assistance as are adopted by the respective tribe;

(c) Include certification of membership or eligi­bility for membership in the Seminole Tribe of Flori­da or the Miccosukee Tribe oflndians of Florida; and

(d) Include a recommendation for the amount of the award.

(4) The amount of the scholarship shall not ex­ceed a total of $2,000 per academic year for a full­time student. The amount shall be prorated accord­ingly for part-time students. At the beginning of each semester or quarter, the commission shall certi­fy the name of each scholarship holder eligible to receive funds for that registration period to the Comptroller, who shall draw a warrant in favor of each scholarship recipient. Each recipient shall be eligible to have the scholarship renewed from year to year, provided all academic and other require­ments of the college or university and rules estab­lished by the State Board of Education are met. _

(5) The commission shall recommend sufficient amounts for the continuation of the program to the Commissioner of Education, who shall include such recommendation. in the legislative budget requests.

History.-ss. 1-6, ch. 63-404; s. 1, ch. 65-515; s. 1, ch. 67-133; ss. 13, 14, ch. 69-180; s. 1, ch. 69-300; ss. 15, 35, ch. 69-106; s. 1, ch. 71-217; s. 70, ch. 72-221; s. 70, ch. 79-222; ss. 1, 2, ch. 80-241.

Note.-Former s. 239.66.

PARTV

SPECIFIC -PROGRAMS AND INSTITUTIONS

240.505 County or area extension programs; coop-

eration between counties and Universi- -ty of Florida.

240.515 Florida State Museum; functions. 240.529 Approved teac;:her education programs. 240.533 Women's intercollegiate athletics. '

240.505 County or area extension programs; cooperation between counties and University of Florida.- ·

(1) County or area extension programs will be developed, based on local situations, needs, and prob­lems, supported by scientific and technical informa­tion developed by the University of Florida, the United States Department of Agriculture, and other sources of research information. This information will be made available through the local ptogram, with the aid of research scientists and extension spe­cialists of the Institute of Food and Agricultural Sci~ ences. · ·

(2) In each county or other geographic subdivi­sion the board of county commissioners or other le­gally constituted governing body will annually de­termine the extent of its financial participation in cooperative extension work. The extent of such fi­nancial participation by the counties will influence the number of county extension agents and clerical staff employed and the scope of the local extensiol) program.

(3) Boards of county commissioners or other le­gally constituted governing bodies will approve or disapprove of persons recommended for extension positions in the county. If the governing body of the county notifies the extension service by resolution that it wants a list of three qualified candidates, then the extension service shall, for each position, make its recommendation by submitting a list of not fewer than three qualified persons, or all qualified persons if three or fewer. From this list, the board of county commissioners, or other legally constituted govern­ing body, shall make its selection. If none of the persons recommended are approved, the extension service shall continue to submit lists of not fewer than three additional qualified persons until one person is selected. If the governing body of the coun­ty does not forward such a resolution to the exten­sion service, the extension service shall recommend one qualified candidate to the governing body. If a person recommended is not approved, the extension service shall recommend another qualified candi­date and shall repeat this procedure as necessary until one person is selected. Extension agents so ap­pointed will be staff members of the University of Florida: It is the responsibility of the cooperative extension service to· determine qualifications for po-sitions. ·

(4) Although county extension agents are jointly employed by the federal, state, and county govern­ments for the purposes of administration of the coop­erative extension service, the policies and proce­dures of the Board of Regents and the University of Florida will apply except in those instances when federal legislation or the basic memorandum of un­derstanding is applicable.

(5) The University of Florida will provide the st;:lff of county extension -personnel in the county with supervision and resources for planning and pro-

318

s. 240.505 1980 SUPPLEMENT TO· FLORIDA STATUTES 1979 s. 240.529

gramming. The university is responsible for the pro­gramming process. It will make available needed program materials to the extension agents through the subject matter specialists or through other re­source persons available from within the university. It will be responsible for maintaining a high level of technical competence in the county extension staff through a continuous program of in-service training.

(6) The county extension director will report pe­riodically to the board of county commissioners or other legally constituted governing body on pro­grams underway and results in the county. Each board of county commissioners or other legally con­stituted governing body will develop a plan which will enable it to be kept informed on the progress and results of the local extension program so that its own knowledge of program needs and problems may be­come a part of the educational work carried on by the agents. Such plan shall provide for a means of communicating the board's satisfaction with the ex­tension program to the county extension director and the cooperative extension service.

History.-s. 1, ch. 72-98; s. 99, ch. 79-222; s. 1, ch. Ba-38. Note.-Fonner s. 241.193.

240.515 Florida State Museum; functions.­(!) The functions of the Florida State Museum,

located at the University of Florida, are to make scientific investigations toward the sustained devel­opment of natural resources-and a greater apprecia­tion of human cultural heritage, including, but not limited to, biological surveys, ecological studies, en­vironmental impact assessments, in-depth archaeo­logical research, and ethnological analyses, and to collect and maintain a depository of biological, ar­chaeological, and ethnographic specimens and mate­rials in sufficient numbers and quantities to provide within the state and region a base for research on the variety, evolution, and conservation of wild species; the composition, distribution, importance, and func­tioning of natural ecosystems; and the distribution of prehistoric and historic archaeological sites and an understanding of the aboriginal and early Euro­pean cultures that occupied them. State institutions, departments, and agencies may deposit type collec­tions from archaeological sites in the museum, and it shall be the duty of each state institution, depart­ment, and agency to cooperate by depositing in the museum voucher and type biological specimens col­lected as part of the normal research and monitoring duties of its staff and to transfer to the museum those biological specimens and collections in its pos­session but not actively being curated or used in the research or teaching of that institution, department, or agency. The Florida State Museum is empowered to accept, preserve, maintain, or dispose of these specimens and materials in a manner which makes each collection and its accompanying data available for research and use by the staffofthe museum and by cooperating institutions, departments, agencies, and qualified independent researchers. The biologi­cal, archaeological, and ethnographic collections shall belong to the state with the title vested in the Florida State Museum, except as provided in s. 267.12(3)~ In collecting or otherwise acquiring these collections; the museum shall comply with pertinent state wildlife, archaeological, and agricultural laws

and rules. However, all collecting, quarantine, and accreditation permits issued by other institutions, departments, and agencies shall be granted routine­ly for said museum research study or collecting ef­fort on state lands or within state jurisdiction which does not pose a significant threat to the survival of endangered wild species, habitats, or ecosystems. In addition, the museum shall develop exhibitions and conduct programs which illustrate, interpret, and explain the natural history of the state and region and shall maintain a library of publications pertain­ing to the work as herein provided. The exhibitions, collections, and library of the museum shall be open, free to the public, under suitable rules to be promul­gated by the director of the museum and approved by the University of Florida.

(2)(a) There is established within the Florida State Museum a State Medical Museum. The medi­cal museum is empowered to act as a depository for materials which enhance the mission of the College of Medicine 1ofthe University ofFlorida in teaching, research, and public service on behalfofthe citizens of the state. The Florida State Museum shall provide space to the medical museum and shall provide nec­essary staff to assist in the founding and inaugurat­ing of the museum services.

(b) The medical museum shall be directed by the Florida State Medical Museum Council, which shall be appointed by the President of the University of Florida upon recommendation of the Dean of the College of Medicine. The council shall consist of 10 members who shall have a demonstrated interest in and knowledge of medicine. Members shall serve without remuneration and shall serve for a term of five years. The membership shall organize and elect a chairman from its membership. The council shall meet upon the call of the chair, but in no case shall it meet less often than once in each calendar year.

Hlstory.-s.' 2, ch. 7368, 1917; RGS 627; CGL 796; s. 2, ch. 63-204; s. 7, ch. 65-130; s. 98, ch. 79-222; s. 1, ch. 80-141.

'Note.- The words "of the University o( Florida" were inserted by the edi­tors.

Note.-Fonner s. 241.13.

240.529 Approved teacher education pro­grams.-

(1) Each teacher education program of an insti­tution of higher learning within the state which has been approved by the Department of Education, as provided for by rules ofthe State Board of Education, shall require, as a prerequisite for admission into the teacher education program, that a student receive a passing score at the 40th percentile or above, to be established by state board rule, on · a nationally standardized college entrance examination. Howev­er, the State Board of Education shall provide by rule for a waiver of this requiremen:t. The rule, when adopted, shall require that 90 percent of those admit­ted to teacher education programs meet the 40th­percentile requirement on an institutional basis or on a systemwide basis in the case of the State Uni­versity System. This rule shall be effective upon adoption by the state board pursuant to chapter 120.

(2) Effective July 1, 1982, continued approval of specific teacher education programs at each institu­tion of higher learning within the state shall be con­tingent upon the passing of the state written exami­nation required by s. 231.17(2) by at least 80 percent

319

s. 240.529 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 243.151

of the graduates of the program who take the exami­nation.

History.-s. 2, ch. 78-423; s. 96, ch. 79-222; s. 7, ch. 80-325; s. 8, ch. 80-378. Note.-Former s. 239.795.

240.533 Women's intercollegiate athletics.­(1) SHORT TITLE.-This section shall be known

and may be cited as the "Florida Women's Intercol­legiate Athletics Equity Act."

(2) LEGISLATIVE INTENT.-The Legislature recognizes· that the educational opportunities for women athletes would be greatly enhanced by pro­viding equal opportunity for women to participate in intercollegiate athletics. Therefore, it is the intent of the Legislature to demonstrate through financial as­sistance to the State University System and the in­stitutions therein its commitment to the principle of equity by assuring equal opportunity for female ath­letes. Furthermore, it is the intent of the Legislature that the Title IX regulations as promulgated by the United States Department ofHealth, Education, and Welfare shall form the basis upon which appropria­tions are made.

(3) COUNCIL.-(a) There is created within the 1 Postsecondary

Education Coordinating Commission the Council on Equity in Athletics. The council shall meet at least once, but not more than four times, annually and shall receive reimbursement for travel and per diem as provided in s. 112.061. The council shall be com­posed of:

1. One member of the commission, appointed by the chairman of the commission for a 2-year term.

2. The executive director of the commission or his designee, who shall serve as chairman of the council.

3. The President of the State Council of Student Body Presidents or his designee.

4. The Equal Employment Opportunity officer for the Department of Education or his designee.

5. The Florida Association for Intercollegiate Athletics for Women Title IX legislative representa­tive, appointed by the president of that association.

6. One men's athletic director and one women's athletic director, or coordinator of women's sports, within the NCAA/ AlA W institutions in the State University System, to be selected from among them­selves for a 2-year term.

7. One men's athletic director and one women's athletic director, or coordinator of women's sports, within the NAIA/ AIAW institutions in the State University System, to be selected from among them­selves for a 2-year term.

(b) The council shall have as its primary respon­sibilities:

1. The determination of available resources for women's intercollegiate athletics at each institution within the State University System.

2. The determination of required resources for women's intercollegiate athletics at each institution within the State University System in order to com­ply with the provisions herein.

3. The development of a state formula for the request and allocation offunds based on the Title IX regulations, which shall assure equity for funding women's intercollegiate athletics at each institution within the State University System.

4. The advisement of the commission of the re­quired appropriation and allocation to assure equity as provided herein.

(4) FUNDING.-(a) The 20-cent-per-credit-hour increase in · the

student activity and service fee in the State Univer­sity System provided in s. 1 of chapter 79-212, Laws of Florida (the General Appropriations Act), shall be continued and shall be awarded to women's intercol­legiate athletics to aid in the assurance of equal op­portunity for female athletes. In the event that the 20-cent-per-credit-hour increase exceeds the amount necessary to assure equal opportunity for female athletes on an individual campus, the council shall determine the amount of such excess which would then revert to student government for allocation to other student services. Student government associa­tions and university presidents shall continue to budget at least the same level of funding to intercol­legiate athletics as they allocated to intercollegiate athletics on each campus in the 1978-1979 fiscal year and shall not decrease the amount or percentage share awarded to women's intercollegiate athletics. In the event that the 20-cent-per-credit-hour in­crease does not fully meet the required allocation on an individual campus to assure equity in funding women's intercollegiate athletics as established by the aforementioned formula, the commission shall then include in the system budget request the appro­priation of the necessary funds.

(b) The level of funding and percentage share of an institution's support for women's intercollegiate athletics attained by the 1980-1981 appropriation shall be the minimum level and percentage main­tained by each institution. Provided, further, that the provisions of s. 212.04(2)(b) to the contrary not­withstanding, no tax shall be levied on admissions to athletic or other events held by public and private colleges and universities when only student, faculty, or inmate talent is utilized. Funds previously remit­ted to the state under the prior provisions of s.

. 212.04(2)(b) shall be retained and utilized by the schools to support women's athletics.

History.-s. 3, ch. 80-359. 'Note.-The Board of Regents was to be replaced by the Postsecondary

Education Coordinating Commission in H.B. 1769 (1980), but that bill did not become law.

CHAPTER 243

EDUCATIONAL INSTITUTIONS LAW; REVENUE CERTIFICATES

PART I

EDUCATIONAL INSTITUTIONS LAW

243.151 Lease agreements; land, facilities.

243.151 Lease agreements; land, facilities.­(!) Each university is authorized to negotiate

and enter into agreements to lease land under its jurisdiction to individuals or corporations for the purpose of erecting thereon facilities and accommo-

320

s. 243.151 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 246.011

dations 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 40 years 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. The board 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.

History.-ss. 1, 2, 4, ch. 69-404; ss. 27, 35, ch. 69-106; s. ~2. ch. 75-302; s. 1, . ch. 79-216; s. 116, ch. 79-222; ss. 1, 2, ch. 80-359.

CHAPTER 244

EDUCATIONAL COMPACTS

PART II

NATIONAL COMPACT

244.07 Florida Education Council.

244.07 Florida Education Council.-(1) COUNCIL ESTABLISHED.-There is hereby

established the Florida Education Council, com­posed of the members ofthe Education Commission of the States representing this state; six other per­sons appointed by the Governor; and four persons appointed by the Commissioner of Education, who shall be members of district or school advisory com­mittees as provided in s. 229.58 or members of a recognized schoolwide support group. Initial ap­pointments shall be staggered so that, after the ini­tial appointments have been made, one-third of the membership is appointed annually. The maximum length of any appointment shall be 3 years. In addi­tion, the President of the Senate and Speaker of the House shall each appoint two members who shall

serve 2-year terms. These four persons shall not be members of the Legislature and shall not derive a majority of their incomes from educational or educa­tion-related fields. The 14 persons shall broadly rep­resent the people of Florida. The chairman shall be designated by the Governor from among council members. The council shall meet on the call of its chairman or at the request of a majority ofits mem­bers, but. in any event the council shall meet at least two times each year. The activities of the council shall be supported through existing resources of the Department -of Education. ·

(2) DUTIES AND RESPONSIBILITIES.-The council may consider any matter relating to the Edu­cation Commission of the States and state issues 1for which Florida: may receive technical assistance from the Education Commission of the States. In addition, the council shall serve as the chief state­level coordinating and monitoring body for district and school advisory committees by: .

(a) Systematically monitoring the activities and progress of district and school advisory committees in order to identify strengths and successes, as well as problems and areas of need. This process should include review of the annual reports of school progress required by s. 229 .. 575(3) and evaluation of the efficacy of projects funded through the educa­tional improvement project grant provided for in s. 229.59.

(b) Providing such information and technical as­sistance to district and school advisory committees as they deem necessary to enable them to function effectively.

(c) Reviewing and evaluating proposals for edu­cational improvement project gr:ants related to advi­sory committees as provided in s. 229.59.

(d) . Developing a coherent and consistent policy to facilitate broad-based citizen involvement in, and support of, public education, along with proposals for the implementation of such policies.

(e) Transmitting to the State Board of Education and the Legislature advice related to improving ele­mentary and secondary education in this state.

History.-s. 2, ch. 67-344; s. 8, ch. 77-426; s. 17, ch. 80-295. 'Note.-The word "for" was substituted for "on" by the editors.

CHAPTER 246

NONPUBLIC POSTSECONDARY INSTITUTIONS

246.011 Purpose. 246.021 Definitions. · 246.091 License period and renewal. 246.095 Disclosure to prospective students; condi­

tion of licensing.

1246.011 Purpose.-(1) It is the intent of the Legislature to encourage

privately supported higher education and to protect the integrity of degrees and diplomas conferred by privately supported educational institutions. This chapter shall provide for the protection of the health, education, welfare, and morals of the citizens

321

s. 246.011 1980 SUPPLEMENT TO FLORIDA. STATUTES 1979 s. 246.021

of Florida and shall facilitate and promote the acqui­sition of a minimum satisfactory education by all the citizens of this state. Presently existing in this state are many fine non public colleges, but there are some -non public colleges which do not generally offer those educational opportunities which the citizens of this state deem essential. The latter type of college also fails to contribute to the ultimate health, education, welfare, and ·morals of the citizens of Florida. It is in the interest of, ani:l essential to, the public health, education,. welfare, and morals that the state create the means whereby all non public colleges as defined in this chapter shall satisfactorily meet minimum educational standards.

(2) A common practice in our society is to use diplomas and degrees for many ·purposes. Some of these purposes are for employers to judge the qualifi­cations of prospective employees; for public and non­public professional groups, educational agencies, governmental agencies, and educational institutions to determine the qualifications for admission to, and continuation of, educational and occupational goals, professional or occupational affiliations; and public and professional assessment of the extent of compe­tency of individuals engaged in a wide range of ac-tivities within our society. .

(3) Because of the common use of diplomas and degrees, the minimum-legal requirements as provid­ed by this chapter for the establishment and opera­tion ofnonpublic colleges will protect the individual student from deceptive, fraudulent, or substandard education; protect the nonpublic institutions; and protect the citizens of this state holding diplomas or degrees. . .

(4) Nothing contained herein is intended to regu­late the stated purpose of a non public college or to restrict any religious instruction or training in a nonpublic college.

History.--<1. 1, ch. 71-128; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 10, 16, ch. 79-385; s. 7, ch. 80-378. ,

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982, except for the possible effect of Jaws affecting this section prior to that date. Section 7 of ch. 80-378, amended s. 16, ch. 79-385, to provide that, if ch. 246 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that s. 246.011, as amended by s. 6 of ch. 79-385, shall also be repealed on the same date as is therein provided.

1246.021 Definitions.-As used in this chapter, unless the context otherwise requires:

(1) "College" means any educational facility maintained or conducted by any person, association, partnership, corporation, or trust and operating as an institute, community college, college, university, or entity of whatever kind which furnishes or offers to furnish a degree as defined herein or which fur­nishes or offers to furnish instruction leading to­ward, or prerequisite to, an academic degree beyond the secondary level and which requires that, in order to obtain a degree or diploma, the recipient thereof satisfactorily complete appropriate courses or class­es or laboratory or research study in person or by correspondence. The following shall be excluded from this definition as it applies to the licensing and regulation requirements of this chapter:

(a) Colleges provided, operated, and supported by the State of Florida or its political subdivisions or the Federal Government.

(b) Colleges licensed or approved for establish-

ment and operation under chapters 464, 466, 475, 4 76, and 4 77 and any other chapters of the Florida Statutes, requiring licensing or approval as defined in this chapter.

(c) Nonpublic colleges accredited by an accredit­ing agency recognized by the United 'States Office of Education or the State Board of Education and char­tered in Florida.

(d) Classes or tutoring provided, operated, and entirely supported by an employer solely for his em­ployees. However, no degree or diploma as hereinaft-er defined shall be awarded. ·

(e) Classes ·or tutoring provided, operated, and supported by a recognized labor union beyond the basic level of instruction, or by a professional or fra­ternal organiZation, solely for the union's or organi­zation's membership. However, no degree or diplo­ma as hereinafter defined shall be awarded.

(0 Colleges that offer instruction of an a vocation­al or recreational nature that does not lead to an occupational objective. However, no degree or diplo­ma as hereinafter defined shall be awarded.

(g) . Chartered religious colleges the only purpose of which is to prepare students in religious disci­plines for either missionary or ministerial service and the catalogs of which honestly and accurately present their academic programs, offering only de­grees of an ecclesiastical nature.

(h) Colleges chartered in Florida the credits or degrees of which are accepted for credit by at least three accredited in~?titutions of higher learning.

·(2) ·"Out-of-state college" or "college outside the state" means any college where the place of instruc­tion, the legal place of residence, or the place of eval­uation of instruction or work by correspondence is not within the legal boundaries of this state.

(3) "Instruction" means the dissemination of knowledge or practice which signifies, purports, or is generally taken to signify the preparation or educa­tion of a person, generally or specifically, for further understanding, study, skill, or training.

(4) "Agent" means a person employed by or rep­resenting a college within or outside the state to procure Florida students, enrollees, or subscribers by solicitation in any form made at a place or places other than the office or legal place of business of a college.

(5) "Colleges whose credits or degrees are accept­ed for credit by at least three accredited institutions of higher learning" shall mean those institutions which have notarized letters from appropriate offi­cials from colleges accredited by an accrediting agen­cy recognized by the United States Office of Educa­tion or the State Board of Education stating that the credits are accepted with no limitation of their full acceptance, such as validation upon successful com­pletion ofa probationary period such as a quarter or semester of full-time work.

(6) "Diploma" means a certificate, transcript, re­port, document, title of designation, mark, appella­tion, series ofletters, numbers, or words which signi­fies, purports, or is generally taken to signify attend­ance, progress, or satisfactory completion of the re­quirements or prerequisite of an academic degree which may be used for any purpose whatsoever . .

(7) "Degree" means any academic or honorary

322

s. 246.021 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 250.22

title of designation, mark, appellation, series of let­ters, numbers, or words, such as, but not limited·to, "bachelors," "masters," "doctorate," or "fellow," which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic, educational, or professional program of study beyond the secondary school level or for a recognized title conferred for meritorious recogni­tion and associate degree awarded by a community college or other institution in liberal arts which may be used for any purpose whatsoever.

(8) "Board" means the State Board of Indepen­dent Colleges and Universities.

History.-s. 2, ch. 71-128; s. 1, ch. 72-203; s. 70, ch. 72-221; s. 1, ch. 73-91; s. 1, ch. 73-252; s. 1, ch. 73-294; s. 1, ch. 76-43; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 10, 16, ch. 79-385; s. 7, ch. 80-378.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982, except for the possible effect of laws affecting this section prior to that date. Section 7 of ch. 80-378, amended s. 16, ch. 79-385, to provide that, if ch. 246 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that s. 246.021, as amended by s. 7 of ch. 79-385, shall also be repealed on the same date as is therein prqvided.

1246.091 License period and renewal.- . (1) Each original license shall be subject to an

annual review and renewal by. the board to deter­mine if the licensee is in compliance with this chap­ter. An institution affected under this act may .be granted a temporary or provisional license for a peri­od up to 1 year. Nothing in this act shall prevent the extension of such temporary or provisional licenses provided a good faith effort has been made by the college and agent. The burden of determining com­pliance or a good faith effort shall rest with the board.

(2) · A licensed college which seeks to expand its educational program and degrees to be conferred shall file an amendment to the application. , (3) A licensed college, prior to the discontinuance of operation, shall have the duty to convey all stu-

. d~nt records to the board or to another location des­ignated by the board.

History.-s. 9, ch. 71-128; s. 4, ch. 73-294; s. 3, ch. 76-43; s. 3, ch. 76-168; s. 3, ch. 77-426; s. 1, ch. 77-457; ss. 8, 10, 16, ch. 79-385; s. 1, ch. 80-378.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982, except for the possible effect of laws affecting this section prior to that date. Section 7 of ch. 80-378, amended s. 16, ch. 79-385, to provide that, if ch. 246 fs repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that s. 246.091, as amended by s. 8 of ch. 79-385, shall alao be repealed on the same date as is therein provided.

unless the institution seeking to be licensed or seek­ing a renewal of license provides the board with a sworn statement of compliance with the provisions of this section. Such statement shall be made in the manner and form as prescribed by the board.

(3) Refusal of any institution to comply with-the provisions of this section shall constitute cause for revocation or suspension of a license under the provi­sions of s. 246.111.

History.-s. 4, ch. 7.6-43; s. 3, ch. 76-i68; ss. 9, 10, 16, ch. 79-385; s. 7, ch. 80-378. . .

'Note:-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982,'except for the possible effect of, laws affecting this section prior to that date. Section 7 of ch. 80-378, amended s. 16, ch. 79-385, to provide that, if ch. 246 is repealed in accordance With the intent expressed in the Regulatory Reform Act of 1976, .as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that s. 246.095, as amended by s. 9 of ch. 79-385, shall also be repealed on the same date as is therein provided.

250.22 250.482

CHAPTER 250

MILITARY CODE

Retirement. Troops called oudnt6 active service; not to

be- penalized by employers and post­secondary institutions.

250.22 Retirement.-(!) Any person who shall have reached the age of

64 years and shall have completed not less than 30 years of service as an officer or enlisted man in the Organized Militia of Florida (exclusive of time served on the inactive or retired lists) on, before, or subsequent to the passage of this section shall be eligible upon his own application, whether on the active or retired list of said Organized Militia, to be retired under the provisions of this section -with the rank or rating held by him at the time of such retire­ment and shall receive pay in an amount equal to one-half of the base pay as is now or hereafter may be prescribed in the applicable pay tables for similar grades and periods of service of personnel in the United States Army or Air Force; provided that in computing service in the Organized. Militia of Flori­da, service in federal military forces during a period of war or upon order of the President ofthe United

1246.095 Disclosure to prospective students; States, in any military duty, where the applicant has condition of licensing.-. been inducted from the Organized Militia of Florida

(1) Every institution which is required to be li- shall be included; and provided further that in com­censed under the provisions of s. 246.081 and which puting such service performed after July 1, 1955, either directly or indirectly solicits for enrollment only federally recognized service shall be included. any student shall disclose to each prospective 'stu- Eligibility for retirement under this section shall be dent a statement of the institution's purpose, its edu- in addition to any other retirement that such person cational programs and curricula, a description of its is eligible to receive except that any person who physical facilities, its status regarding licensure, and elects to retire and.is retired under the provisions of the fact that additional information regarding the this section and who is eligible to receive retirement institution may be obtained by contacting the State pay from the state under any other provision of law Board oflndependent Colleges and Universities, De- may not include, in determining eligibility and bene­partinent of Education, Tallahassee. The disclosures fits for such other retirement, service performed or required to · be made under the provisions of this contribution made while employed by the Military subsection shall be made in writing and prior to the Department of the state; provided, however, that re­collection of any fee or tuition from the prospective tirement pay under this section shall be reduced by student to whom disclosure is required to be made. any amount of retirement pay, pension or compensa-

(2) No license shall be granted or renewed by the tion which such person is eligible to receive from the board under the provisions ofs. 246.081 or s. 246.091 Federal Government for military service.

323

s. 250.22 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 253.023

(2) Any person who shall have reached the age of 60 years (but less than 64) and is otherwise qualified to receive the retirement pay provided in subsection (1) above may elect to retire and thereafter receive a reduced benefit which would be · the actuarial equivalent of his benefit under subsection (1).

(3) Sufficient money to meet the requirements of this section is hereby appropriated out of any mon­eys in the State Treasury not otherwise appropriat­ed and payments under this section will be made to those eligible to receive the same on the first day of each calendar month from the General Revenue Fund by the Comptroller upon prescribed pay vouch­ers certified to by the Adjutant General of the state.

(4) In computing time of service of an officer or enlisted man in the Organized Militia of the state for purposes of retirement under this section, service in federal military forces during the period from Au­gust 27, 1940, to December 31, 1946, both dates inclu­sive, when inducted into such federal service from the Organized Militia of Florida, shall be included at double the time of actual service.

(5) Upon the · death of any person receiving monthly benefits under this section, the monthly benefits shall be paid through the last day of the month of death and shall terminate on that date.

(6) All powers, duties, and functions related to the administration of this section are vested in the Department of Administration and shall be assigned to the Division of Retirement.

History.-ss. 1, 2, ch. 20848, 1941; s. 1, ch. 23018, 1945; s. I , ch. 25112, 1949; ss. I , 2, ch. 29725, 1955; s. 3, ch. 77·124; s. 8, ch. 80.130.

Note.-Former ss. 250.76, 250.78.

250.482 Troops called out into active service; not to be penalized by employers and post­secondary institutions.-In the event that a mem­ber of the Florida National Guard is called out into active service pursuant to this chapter, no employer, community college, or university in this state shall discharge, reprimand, or in any other way penalize such member because of his absence 1by reason of active duty.

History.-s. I , ch. 80.227. 'Note.-The words "by reason of' were substi~uted for "due to" by the

editors.

CHAPTER 252

DISASTER PREPAREDNESS

252.355 Local civil defense organizations; registry of disabled citizens.

252.355 Local civil defense- organizations; registry of disabled citizens.-

(1)' Each local organization for civil defense in the state shall provide for the voluntary registration of disabled citizens located within the jurisdiction of the local organization. The registration shall be uti­lized to determine who would need assistance in· case of evacuation because of a disaster and shall be up­dated annually.

(2) Each electric utility in the state shall notify residential customers in its area, on an annual basis,

of the availability of a volunteer program by their local civil defense unit to register all disabled citi­zens who may neeP. assistance during an emergency.

(3) Any advertising required by this section shall, whenever possible, be done through the use of public service announcements oflocal radio stations and shall not require the expenditure of local gov­ernment funds.

(4) This section shall be exempt from the provi­sions of chapter 119.

History.-ss. 1-4, ch. 80-191.

253.023

253.025 253.03

253.034 253.77

CHAPTER 253

STATE LANDS

Conservation and Recreation Lands Trust Fund established; purpose.

Acquisition of state lands. Board of trustees to administer state lands; ·

lands enumerated. State-owned lands; uses. State lands; state agency authorization for

use prohibited without consent of agency in which title vested.

253.023 Conservation and Recreation Lands Trust Fund established; purpose.-

(1) It is the policy of the state that the citizens of this state shall be assured the availability of public lands on which to recreate. In recognition of this policy, it is the intent of the Legislature to provide such public lands for the people residing in urban and metropolitan areas of the state as well as those residing in less populated, rural areas; it is the fur­ther intent of the Legislature, with regard to the . lands described in paragraph (3)(b), that a high prior­ity be given to the acquisition of sue}}. lands in or near counties exhibiting the greatest concentration of population. . .

(2) There is established within the Department of Natural Resources the Conservation and Recrea­tion Lands Trust Fund, to be used as a nonlapsing, revolving fund exclusively for the purposes of this section. To the fund shall be credited 50 percent of the total moneys collected from. the excise tax on the severance of:

(a) Oil, such moneys to be taken from the first oil tax provided in s. 211.02(1)(a);

(b) Gas, such moneys to be taken from the first gas tax provided in s. 211.02(1)(c);

(c) Solid minerals other than phosphate rock, such moneys to comprise that portion of the tax paid into the State Treasury in accordance with s. 211.31(1)(a); and

(d) Phosphate rock, such moneys to be taken from that portion of 'the tax paid into the State Treasury in accordance with s. 211.31(3)(a).

The Department of Revenue, upon compilation of each month's receipts of the severance tax, shall credit the amount provided in this section to the fund, commencing with the funds collected in Octo-

324

s. 253.023 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 253.025

her 1979. If the moneys credited to the fund at any time during the fiscal year or the balance of the fund at the end of the fiscal year exceeds $3 million for fiscal year 1979-1980 or 1980-1981, in either case, the excess shall be transferred to the General Revenue Fund. If the moneys credited to the fund at any time during the fiscal year or the balance of the fund at the end of the fiscal year exceeds $20 million for fiscal year 1981-1982 or any fiscal year thereafter, in· either case the excess shall be transferred to the General Revenue Fund.

(3) The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, may allocate moneys from the fund in any 1 year to acquire the fee or any lesser interest in land in each of the following categories and pro­portions:

(a) Up to 70 percent of such moneys for any inter-

protect such lands and their associated natural re­sources.

(10) The board of trustees may allocate, in any year, an amount not to exceed 10 percent of the moneys credited to the fund in that year, such alloca­tion to be used for maintenance and management of any lands acquired pursuant to this section.

(11) All lands managed under this section shall be open for public use and enjoyment to the extent the board of trustees find compatible with the con­servation and protection of public lands. Such public use may include, upon approval of the board oftrus­tees, fishing, hunting, camping, hiking, nature study, swimming, boating, and canoeing.

History.-s. a, ch. 79-255; s. 16, ch. 80.356. 'Note.-This cross reference was changed by the editors from "s. 259.03(1)"

to conform to the renumbering of subsections within s. 259.03 by s. 13, ch. 79-255. Subsection (2) defines "state capital projects for environmentally en­dangered lands."

est in lands qualified for purchase as environmental- 253.025. Acquisition of state Iands.-ly endangered lands as defined in 1

S. 259.03(2), or (1) Neither the Board of Trustees of the Internal (b) Up to 70 percent of such moneys for any inter- Improvement Trust Fund nor its duly authorized

est in lands which the board of trustees determines agent shall commit the state, through any instru­should be acquired in the public interest for the fol- ment of negotiated contract or agreement for pur­lowing purposes: chase, to the purchase of lands with or without a p-

l. For use and protection as natural floodplain, purtenances unless the provisions of this section marsh, or estuary, if the protection and conservation have been fully complied with. However, the board of such lands is necessary to enhance or protect wa- of trustees may substitute federally mandated acqui­ter quality or quantity or to protect fish or wildlife sition procedures for the provisions of this section habitat which cannot otherwise be accomplished when federal funds are available and will be utilized through local and state regulatory programs; for the purchase of lands, title to which will vest' in

2. For use as state parks, recreation areas, public the board of trustees, and qualification for said fed­beaches, state forests, wilderness areas, or wildlife eral funds requires compliance with federally man­management areas; dated acquisition procedures. Prior to any state

3. For restoration of altered ecosystems to cor- agency initiating any land acquisition, the title to rect environmental damage that has already oc- which land is to vest in the board of trustees, such curred; or agency shall coordinate with the Division of State

4. For preservation of significant archaeological Lands to determine the availability of existing state-or historical sites. owned lands in the area and the public purpose for

(4) The board of trustees may allocate, in any which the acquisition is being proposed. Once the year, an amount not to exceed 5 percent of the mon- state agency has determined and established the ey credited to the fund in that year, such allocation public purpose for an acquisition and the unavaila­to be used for the initiation and maintenance of a bility of existing suitable state-owned lands, the natural areas inventory to aid in the identification state agency may proceed to acquire such lands by of areas to be acquired pursuant to this section. employing all available statutory authority for ac-

(5) Moneys in the fund not needed to meet obliga- qU:isition. Land acquisition procedures provided for tions incurred under this section shall be deposited in this section are for voluntary, negotiated acquisi­with the Treasurer to the credit of the fund and may tions. be invested in the manner provided by law. Interest (2) For the purposes of this section, the term "ne­received on such investments shall be credited to the gotiations" shall not include preliminary contacts Conservation and Recreation Lands Trust Fund. with the property owner to determine the availabili-

(6) The board of trustees may enter into any con- ty of the property, existing appraisal data, existing tract necessary to accomplish the purposes of this abstracts, and surveys. . section. (3) Prior to approval by the board of trustees of

(7) Prior to or concurrent with the acquisition any final agreement for purchase, evidence of mar­under this section of any interest in lands, the board ketable title shall be provided by the landowner. of trustees shall designate an agency or agencies to Such evidence of marketability shall be in the form manage such lands and shall make a preliminary of title insurance or an abstract of title with a title determination as to the extent and nature of public opinion. The board of trustees may waive the re­use for which the lands will be available. quirement that the landowner provide evidence of

(8) Lands shall be acquired under this section in marketable title, and, in ·such case, the acquiring accordance with acquisition procedures for state agency shall provide evidence of marketable title. lands provided for ins. 253.025. (4) Prior to negotiations with the parcel owner,

(9) Agencies designated to manage lands under an appraisal of the parcel shall be required as fol­this section shall develop and adopt, with the ap- lows: proval of the board of trustees, individual manage- (a) Each parcel to be acquired shall have at least ment plans for each project designed to conserve and one appraisal. Two appraisals are required when the

325

s. 253.025 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 253.025

value of the first appraisal exceeds $100,000. Howev­er, when the value of either appraisal exceeds $100,-000 and the parcel appraisal is of a peculiar or com­plex nature, a third appraisal shall be obtained.

(b) Appraisal f~es shall be paid by the agency proposing the acquisition. The board of trustees shall approve qualified fee appraisal organizations which shall include, but not be limited to, the Ameri­can Institute, Society of Real Estate Appraisers, American Society of Appraisers, Farm Managers and Rural Appraisers, and National Association of Independent Fee Appraisers. The Division of State Lands shall maintain a current list of all fee apprais­ers who are members of the professional organiza­tions approved by the board of trustees and who de­sire to conduct appraisals tinder contract for the di­vision. The list of qualified fee appraisers shall con­tain information relative to the fee appraiser's quali­fications, location of practice, business reputation, and areas of specialization, if any. An agency propos­ing . an acquisition shall select fee appraisers from this list. When th~ Division of State Lands deter­mines that the need for an appraisal exists, it shall publish notice of such need in the general area of the proposed land acquisition that an assignment is available and specify the substantive requirements of the appraisal and when it must be completed. If at least three qualified fee appraisers on the current list are not located within the general area, the no­tice shall be published statewide. When the division has received three responses to the notice from qual­ified fee appraisers, it shall evaluate the various pro­posals submitted and, based upon all pertinent fac­tors including quoted completion date, anticipated fees, appraiser's expertise, and previous appraisals, it shall select the required number of qualified ap­praisers. Each fee appraiser selected to appraise a particular parcel shall, prior to contracting with the agency, submit to that agency an affidavit substanti­ating that he has no vested or fiduciary interest in such parcel.

(c) After the contract between the agency and the fee appraiser is signed, the agency shall transmit to the fee appraiser all pertinent title information developed pursuant to subsection (3); a specification of the rights to be acquired; a list of items, if any, considered to be noncompensable; minimum ap­praisal requirements that apply; required appraisal forms; and a certified survey which meets the mini­mum requirements for upland parcels establisheQ. by the Florida Society of Professional Land Surveyors and the Florida Land Title Association and which accurately portrays to the greatest extent practical the condition of the parcel as it currently exists. However, in cases where a survey cannot be practi­cally comple~ed or where the cost of the survey will be prohibitive relative to the expected value of the parcel, the requirement for such certified survey may, in part or in whole, be waived by the board of trustees any time prior to submission of the agree­ment for purchase to the division. The fee appraiser and the review appraiser for the agency shall not act in any way that may be construed as negotiating with the property owner. Appraisal reports shall be confidential, for use by the agency and the board of trustees, until such time as both reports, if two ap-

praisals are required, are accepted J:>y the agency. Prior to acceptance, the agency shall submit a copy of such report to the Division of State Lands. The division shall review such report in accordance with generally accepted professional standards of ap­praisal review. With respect to proposed purchases in excess of $100,000, this review shall include a general field inspection of the subject property by the, review appraiser. The review appraiser may re­ject an appraisal report following a desk review, but is prohibited from approving an appraisal report in excess of $100,000 without a field review. This re­view shall include a check for comparable sales which may have been omitted by the fee appraiser. Prior to acceptance of an appraisal report, the re­view appraiser shall request the appropriate local property appraiser's comments on the value of the proposed acquisition. Any questions of applicability of laws affecting an appraisal shall be addressed by the legal office of the agency.

(d) Techniques and methods used by a fee ap­praiser shall be consistent with generally accepted appraisal standards. If the fee appraiser uses·compa­rable sales in determining value, he shall thoroughly describe each such sale including date of sale, legal description, present use, highest and best use, the official record book and page where the transaction is recorded, the grantor and grantee, purchase price, terms and conditions of the sale, and when and with whom verified. The fee appraiser shall consider any enhanced value to adjoining property of the land­owner whose land is being considered for acquisition and which may occur as a proximate result of the proposed acquisition.

(e) The appraisal report must document and ade­quately support the fee appraiser's estimate of con­clusion as to value. The report shall include a de­scription of the location, size, shape, topography, ac­cess, highway frontage, and present zoning of the property. The availability of utilities, if any, and a detailed description of any appu.rtenances shall also be included. Further, the appraisal report shall con­tain the sales history of the parcel for the prior 10 years. Such sales history shall include all parties. and considerations with the amount of consideration ver­ified, if possible, and the amount of assessed value of the parcel.

(f) If the divergencies as to conclusions of values between two appraisals for the same parcel are greater than 20 percent of the lower value, a third appraisal shall be required.

(g) The board of trustees shall not consider an appraisal acquired by a seller, or any part thereof, in determining value.

(5)(a) Negotiations for land acquisition between a landowner or his designated agent and a state agen­cy, title to whose land is held by the board of trus­tees, shall not be commenced prior to completion of the appraisal report pursuant to subsection (4).

(b) When the owner is represented by an agent or broker, negotiations shall not be initiated or contin­ued until a written statement verifying such agent's or broker's legal or fiduciary relationship with the owner is on file with the agency.

(c) Upon the initiation of negotiations, the state agency shall inform the owner in writing that all

326

s. 253.025 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 253.03

agreements for purchase are subject to approval by the board of trustees.

(d) All offers or counter-offers shall be in writing and shall be available for examination by the board of.trustees. No offer by a state agency shall exceed the value for that parcel as determined pursuant to a single appraisal or the average of two appraisals if such are required. If three appraisals are required, the offer shall not exceed the average of the two closest appraisals. All offers by the agency, including the final offer, shall be reviewed by the legal counsel of the agency. Final offers shall be in the form of an agreement for purchase and shall be signed and at­tested to by the owner and the representative of the agency. Before the agency signs the agreement for purchase, the provisions of s. 286.23 shall be com­plied with. Within 10 days after the signing of the agreement for purchase, the state agency shall fur­nish the Division of State Lands with the original of the agreement for purchase along with copies of the disclosure notice, evidence of marketability, the ap­praisal report, the fee appraiser's affidavit, a state­ment that the inventory of existing state-owned lands was examined and contained no available suit­able land in the area, and a statement outlining the public purpose for which the acquisition is being made and the statutory authority therefor.

(e) Within 45 days of receipt by the Division of State Lands of the agreement for purchase and the required documentation, the board of trustees shall either reject or approve the agreement. Approved agreements for purchase shall be binding on both parties. Agreements disapproved shall be returned to the agency, along with a statement as to the defi­ciencies of the agreement or the supporting docu­mentation. Agreements for purchase disapproved by the board of trustees may be resubmitted when such deficiencies have been corrected.

(6) No dedication, gift, grant, or bequest oflands and appurtenances shall be accepted by the board of trustees until the receiving state agency supplies sufficient evidence of marketability of title. The board of trustees shall not accept by dedication, gift, grant, or bequest any lands and appurtenances that are determined as being owned by the state either in fee or by virtue of the state's sovereignty or which are so encumbered so as to preclude use of such land and appurtenances for any reasonable public pur­pose. The state shall not be required to appraise the value of such donated lands and appurtenances as a condition of receipt.

(7) Any conveyance to the board of trustees of fee title shall be made by no less than a special warranty deed. The title to lands acquired pursuant to this section shall vest in the board oftrustees as provided in 1s. 253.031. All such lands, title to which is vested in the board pursuant to this section, shall be admin­istered pursuant to the provisions of s. 253.03.

(8) The Auditor General shall conduct perform­ance postaudits of all acquisitions and divestitures within 60 days following the board's final approval ofland acquisitions under this section and shall sub­mit an audit report to the board of trustees, Presi­dent of the Senate, Speaker of the House of Repre­sentatives, and their designees, except that the Audi­tor General may at his discretion not postaudit those

acquisitions and divestitures involving sums of less than $100,000.

(9) The board of trustees and all affected agen­cies shall adopt and may modify or repeal such rules and regulations as are necessary to carry out the purposes of this section, including rules governing the ter_ms and conditions of land ptJ,rchases. When multiple landowners are involved in an acquisition, such rules shall a,ddress the procedures to be fol­lowed in obtaining written option agreements so that the interests of the state are fully protected.

History.-s. 9, ch. 79-255; s. 7, ch. 80.356. 1Note.-This reference contains an apparent error. The intended reference

is probably s. 253.03(1).

253.03 Board of trustees to administer state lands; lands enumerated.-

(!) The Board of Trustees of the Internal Im­provement Trust Fund of the state is vested and charged with the acquisition, administration, man­agement, control, supervisi9n, conservation, protec­tion, and disposition of all lands owned by, or which may hereafter inure to, the state or any of its agen­cies, departments, boards, or commissions, excluding lands held for road and canal rights-of-way, spoil areas and lands required for disposal of materials or borrow pits, any land, title to which is vested or may become vested in any port authority, flood control district or water management district or navigation district or agency created by any general Qr special act, and any lands, including the Camp Blanding Military Reservation, which have been conveyed to the state for military purposes only, and which are subject to reversion if conveyed by the original gran­tee, or ifthe conveyance to the Board of Trustees of the Internal Improvement Trust Fund under this act would ' work a reversion from any other cause, or where any conveyance oflands held by a state agen­cy which are encumbered by or subject to liens, trust agreements or any form of contract which encum­bers state lands for the repayment of funded debt. Lands vested in the Board ofTrustees of the Internal Improvement Trust Fund shall be deemed to be:

'(a) All swamp and overflowed lands held by the state, or which may hereafter inure to said state;

(b) All lands owned by the state by right of its sovereignty;

(c) All internal improvement lands proper; (d) All tidal lands; (e) All lands covered by shallow waters of the'

ocean, gulf, or bays or lagoons thereof, and all lands owned by the ' state covered by fresh water;

(f) All parks, reservations, or lands or bottoms set aside in the name of the state, excluding lands held for road and canal rights-of-way;

(g) All lands which have accrued, or which may hereafter accrue, to the state from any source what­soever, excluding lands held for road and canal rights-of-way or spoil areas or borrow pits,. or any land, title to which is vested or may become vested in any port authority, flood control district, water management district, or navigation district or agen­cy created by any general or special act.

(2) It is the intent of the Legislature that the Board of Trustees of the Internal Improvement Trust Fund shall continue to receive proceeds from the sale or disposition of the products of lands and

327

s. 253.03 1980 SUPPLEMENT TO F.LORIDA STATUTES 1979 s. 253.03

the sale oflands of which the use and possession are not subsequently transferred by appropriate lease or similar instrument from the board of trustees to the proper using agency. Such using agency shall be en­titled to the proceeds from the sale of products on, under, growing out of, or connected with lands which such using agency shall hold under lease or similar instrument from the board of trustees. The Board of Trustees of the Internal Improvement Trust Fund is directed and authorized to enter into leases or simi­lar instruments, without consideration, for the use, benefit, and possession of public lands by state agen­cies which may properly use and possess them for the benefit of the state.

(3) The provisions of s. 270.11, requiring the board oftrustees to reserve unto itself certain oil and mineral interest in all deeds of conveyances execut­ed by said board of trustees, shall not have applica­tion to any lands that inure to the board of trustees from other state ·agencies, departments, boards, or commissions under the terms and provisions of this act.

(4) It is the intent of the Legislature that where title to any lands are in the State of Florida, with no specific agency authorized by the Legislature to con­vey or otherwise dispose of such lands, the Board of Trustees of the Internal Improvement Trust Fund shall be vested with such title and shall hereafter be authorized to exercise over such lands such authori­ty as may be provided by law.

(5) It is the specific intent of the Legislature that this act shall repeal any provision of state law which may r~quire the Board of Trustees of the Internal Improvement Trust Fund to pay taxes or assess­ments of any kind to any state or local public agency on lands which are transferred or conveyed to the Board of Trustees of the Internal Improvement Trust Fund under the terms of this act and which at the time of the passage of this act are entitled to tax-exempt status under the Constitution or laws of the state.

(6) Commencing September 1, 1967, all land held in the name of the state or any of its boards, depart­ments, agencies, or commissions shall be deemed to be vested in the Board of Trustees of the Internal Improvement Trust Fund for the use and benefit of the state. By October 1, 1967~ any board, commission, department, or agency holding title to any state lands used for public purpose shall execute all in­struments necessary to transfer such title to the said Board of Trustees of the Internal Improvement Trust Fund for the use and benefit of the state, ex­cept lands which reverted to the state under the provisions of chapter 18296, Laws of Florida, 1937, commonly known and referred to as the "Murphy Act."

(7) The .Board of Trustees of the Internal Im­provement Trust Fund is hereby authorized and di­rected to administer all state-owned lands and shall be responsible for the creation of an overall and com­prehensive plan of development concerning the ac­quisition, management, and disposition of state­owned lands so as to insure maximum benefit and use. The Board of Trustees of the Internal Improve­ment Trust Fund shall adopt rules and regulations

necessary to carry out the purposes of this act as herein set forth.

(8)(a) The Board of Trustees of the Internal Im­provement Trust Fund shall maintain an annual in­ventory of all publicly owned lands within the state. Such inventory shall include all lands owned by any unit of state government or local government; by the federal government, to the greatest extent possible; and by any other public entity. The board shall sub­mit a copy of the inventory to the President of the Senate and the Speaker of the House of Representa­tives on or before March 1 of each year.

(b) In addition to any other parcel data available, the inventory shall include a legal description or proper reference thereto, the number of acres or square feet within the boundaries, and the assessed value of all publicly owned uplands. To the greatest extent practical, the legal description or proper ref­erence thereto and the number of acres or square feet shall be determined for all publicly owned sub­merged lands. For the purposes of this subsection, the term "submerged lands" means publicly owned lands below the ordinary high-water mark of fresh­waters and below the mean high-water line of salt waters extending seaward to the outer jurisdiction of the state. The Department of Revenue shall furnish annual, current, property assessments for tax-ex­empt public lands to the board to be used in compil­ing the assessed value portion of the inventory. ·

(c) State agencies or bodies, including the Game and Fresh Water Fish Commission, the Department of Transportation, the Department of Agriculture and Consumer Services, the Armory Board, water management districts, water control districts, navi­gation districts, and authorities, which hold title to real property shall, by December 31 of each year, submit a list of their respective holdings to the board. The Department of Revenue shall furnish the board, by December 31 of each year, from data it has obtained pursuant to the requirements of chapter 195, a compilation of all tax-exempt public lands within the state, listed by county. The Department of Revenue and the board shall use common or cross­indexed parcel numbers to facilitate data compari­sons. To the greatest extent possible, the board shall attempt, at the county level, to record and report discrepancies between information supplied by the Department of Revenue and by other state agencies or bodies. The board shall include a listing of all major unresolved discrepancies in the annual inven­tory submitted to the Legislature.

(9) The Board .of Trustees of the Internal Im­provement Trust Fund shall be responsible for the acquisition and disposal of federal lands and build­ings which are declared surplus or excess. The Board ofTrustees of the Internal Improvement Trust Fund shall establish regular procedures to assure that state and local agencies are made aware of the avail­ability of federal lands and buildings.

(10) The Board of Trustees of the Internal Im­provement Trust Fund and the State of Florida through any of its agencies are hereby prohibited from levying any charge, by whatever name known or attaching any lien, on any and all materials dredged from state-sovereignty tidal lands or sub­merged bottom lands or on the lands constituting the

328

s. 253.03 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 253.034

spoil areas on which such dredged materials are placed, except as otherwise provided for in this sub­section, when such materials are dredged by or on behalf of the United States or the local sponsors of active federal navigation projects in the pursuance of the improvement, construction, maintenance, and operation of such projects or by a public body author­ized to operate a public port facility (all such parties referred to herein shall hereafter be called "public body") in pursuance of the improvement, construc­tion, maintenance, and operation of such facility, including any public transfer and terminal facilities, which actions are hereby declared to be for a public purpose. "Local sponsor" shall mean the local agen­cy designated pursuant to an Act of Congress to as­sume a portion of the navigation project costs and duties. Active federal navigation projects are those congressionally approved projects which are being performed by the Corps of Engineers, United States Army, or maintained by the local sponsors.

(a) No materials dredged from. state-sovereignty tidal or submerged bottom lands by a public body shall be deposited on private lands until:

·1. The United States Army Corps of Engineers shall first have certified that no public lands are available within a reasonable distance of the dredg­ing site; and

2. The public body shall have published notice of its intention to utilize certain private lands for the deposit of materials in a newspaper published and having general circulation in the appropriate county at least three times within a 60-day period prior to the date of the scheduled deposit of any such materi­al, and therein advised the general public of the op­portunity to bid on the purchase of such materials for deposit on the purchaser's designated site, pro­vided any such deposit shall be at no increased cost to the public body. Such notice shall state the terms, location, and conditions for receipt ofbids and shall state that the public body shall accept the highest responsible bid. All bids shall be submitted to the Trustees of the Internal Improvement Trust Fund. All moneys obtained from such purchases of materi­als shall be remitted forthwith to the Trustees of the Internal Improvement Trust Fund. Compliance with this subsection shall vest, without any obligation, full title to the said materials in the owner of the land where deposited.

(b) When public lands on which are deposited materials dredged from state-sovereignty tidal or submerged bottom lands by the public body, are sold or leased for a period in excess of 20 years, which term shall include any options to a private party, 50 percent of any remuneration received shall forth­with be remitted to the Trustees of the Internal Im­provement Trust Fund and the balance shall be re­tained by the public body owning the land.

(c) Any materials which have been dredged from state-sovereignty tidal or submerged bottom lands by the public body and deposited on public lands may be removed by the public body to private lands or interests only after due advertisement for bids, which shall mean a notice published at least three times within a 60-day period in a newspaper pub­lished and having general circulation in the appro­priate county. The purchase price submitted by the

highest responsible bidder shall be' remitted to the Trustees of the Internal Improvement Trust Fund. If no bid is received, the public body shall have the right to fully convey title to, and dispose of, any such material on its land, with no requirement of pay­ment to the Trustees of the Internal Improvement Trust Fund.

(d) Nothing in this subsection shall affect any preexisting contract or permit to engage in dredging of materials from state-sovereignty tidal and sub­merged bottom lands, nor shall it be construed to void any preexisting agreement or lien against the lands upon which dredged materials have been placed or to have any retroactive effect.

(11) The Board of Trustees of the Internal Im­provement Trust Fund may adopt rules to provide for the assessment and collection of reasonable fees, commensurate with the actual cost to the board, for disclaimers, easements, exchanges, gifts, leases, re­leases, or sales of any interest in lands or any appli­cations therefor and for reproduction of documents.

(12) The Board of Trustees of the Internal Im­provement Trust Fund is hereby authorized to ad­minister, manage, control, conserve, and protect all real property forfeited to the state pursuant to ss. 943.46-943.464. The board is directed to immediately determine the value of all such property and shall ascertain whether the property is in any way encum­bered. If the board determines that it is in the best interest of the state to do so, funds from the Land Acquisition Trust Fund may be used to satisfy any such encumbrances. All property acquired by the board pursuant to ss. 943.46-943.464 shall be sold as soon as commercially feasible. The proceeds of the sale shall be distributed as follows:

(a) Any moneys used to satisfy encumbrances and expended as costs of administration, appraisal, management, conservation, protection, and sale shall be replaced in the Land Acquisition Trust Fund; and

(b) The remainder shall be distributed as set forth ins. 943.464.

History.-s. 1, ch. 15642, 1931; CGL 1936 Supp. 1446(13); s. 2, ch. 61-119; ss. 2, 3, ch. 67-269; s. 2, ch. 67-2236; ss. 2"<. 35, ch. 69-106; s. 8, ch. 71-286; s. 1, ch. 75-76; s. 1, ch. 78-251; s. 10, ch. 79-255; s. 15, ch. 80-356.

253.034 State-owned lands; uses.-(1) As used in this section, the following phrases

shall have the following meanings: (a) "Single use" means management for one par­

ticular purpose to the exclusion of all other pur­poses, except that the using agency shall have the option of including in its management program com­patible secondary purposes which will not detract from or interfere with the primary management purpose. Such single uses may include, but are not necessarily restricted to, the use of agricultural lands for production of food and livestock, the use of improved sites and grounds for institutional pur­poses, and the use oflands for parks, preserves, wild­life management, archaeological or historic sites, or wilderness areas where the maintenance of essen­tially natural conditions is important. All sub­merged lands shall be considered single-use lands and shall be managed primarily for the maintenance of essentially natural conditions, the propagation of fish and wildlife, and public recreation·, including

329

s. 253.034 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 253.77

hunting and fishjng where deemed appropriate by the managing agency.

(b) .. :'Multiple use" means the harmonio';ls and.co­ordinated management of timber, recreation, wlld­life, forage, archaeological and historic sites, or wa­ter resources so that they are utilized in the combi­nation that will best serve the people of the state, making the most judicious use of the land for some or all of these resources and giving consideration to the relative values of the various resources.

(2) All lands owned by. the Board of Trustees of the Internal Improvement Trust Fund shall be man­aged in a manner that wil~ provide the greatest com­bination of benefits to the people of the state. All such lands not designated in the land-management plan. required by subsection 1

( 4) for a specific single use shall receive multiple-use management. '

(3) No management agreement, lease, or other instrument authorizing the use of lands owned by the Board of Trustees of the Internal Improvement Trust Fund shall be executed for a period greater than is necessary to prpvide for the reasonable use of the land for the existing or planned life cycle or amortization of the improvements. An agency man­aging or leasing state-owned lands from the Board of Trustees of the Internal Improvement Trust Fund shall not sublease such lands without prior review by the division·and approval by the board.

(4) Each state agency managing lands owned by the Board of Trustees of the Internal Improvement Trust Fund shall submit to the· Division of 2State Lands and to the board a land-management plan within 2 years of July 1, 1980, and at least every 5 years thereafter in a form and manner prescribed by the board. All management plans, whether for sin­gle-use or multiple-use properties, shall specifically describe how the managing agency plans to identify, locate protect and preserve, or otherwise use fragile nonre~ewable resources, such as archaeological and historic sites, as well as other fragile resources, in­cluding endangered plant and animal species. Land­management plans submitted by an agency shall in­clude reference to appropriate statutory authority for such use or uses and shall conform to the appro­priate policies and guidelines of the state land-man­agement plan. The Board ofTrustees of the Internal Improvement Trust Fund shall consider the land­management plan submitted by each state agency and the recommendations of the Division of State Lands and shall approve with or without modifica­tion or reject such plan. The use or possession of any such lands which is not in accordance with an ap­proved land-management plan shall be subject to terminatioq by the board. ·

(5) The Board of Trustees of the Internal Im­provement Tru,st Fund shall determine which lan.ds, the title to which is vested in the board, and wh1ch Murphy Act lands and lands held for road and canal right-of-way, spoil ar~as, or bm:row pits, the title to which is held by the state, are of no benefit to the public; and .the owner of said lands shall dispo~e of said lands, pursuant to law, as surplus. W1thm 2 years of July 1, 1980, and at least every 5 years thereafter in a form and manner prescribed by the board, each state agency shall indicate to the board those lands which the agency owns or manages

which the agency believes are surplus. The proceeds from the disposal of such lands shall be placed .in the Conservation and Recreation Lands Trust Fund.

(6) This section shall not be construed so as to affect:

(a) Other provisions of this chapter relating to oil, gas, or mineral resources. ·

(b) The exclusive use of state-owned land subject to a lease authorized and .executed by the Board of Trustees of the Internal Improvement Trust Fund leasing state-owned land for private uses and pur­poses.

History.-s. 2, ch. 80·280. · 'Note.-Reference to subsection (4) was substituted for reference to subsec·

tion (3) by the editors to correct an apparent error. 'Note.-The words "State Lands" were substituted. for "Land Sales" by the

editors.

253.77 State lands; state agency authoriza­tion for use prohibited without consent of agen· cy in which title vested.-

(1) No department, including any division; bu­reau, section, or other subdivision thereof, or any other agency of the state possessing regulatory pow­ers involving the issuance of permits shall issue al1y permit, license, or other evidence of authority in­volving the use of sovereignty or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the De­partment of N~tural Resources under chapter 253, until the applicant for such permit, license, or other evidence of permission shall have received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement; or other· form of consent authorizing the proposed use and exhibited it to such agency or department or subdivision thereof having regulatory power to per­mit such use.

(2) The permitting agency shall, within 30 days after receipt of a permit application, notify the appli­cant and the executive director of the Department of Natural Resources or his designee that a lease, li­cense, easement, or other form of consent of the Board of Trustees of the Internal Improvement Trust Fund authorizing the proposed use may be required. However, this subsection shall not apply to any permit, license, or other form of consent to take the regulated action which was issued and outstand-ing on July 1, 1980. . .

(3) This act shall not apply to any permit, hcense, or other form of consent to take the regulated action which was issued and outstanding on June 23, 1976.

History.-ss. 1, 2, ch. 76-245; •. 11, ch. 8().66.

CHAPTER 255

PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS

255.05 Bond of contractor constructing public buildings; action by materialmen, etc.

255.25 Approval of the Division of Building Con­struction and Property Management prior to construction or lease of build­ings.

330

s. 255.05 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 255.25

255.21'!2 Findings and intent.

255.05 Bond of contractor constructing pub­lic buildings; action by materialmen, etc.-

(1) Any person entering into a formal contract with the state or any county, city, or political subdi­vision thereof, or other public authority, for the con­struction of a public building, for the prosecution and completion of a public work, or for r~pairs upon a public building or public work shall .be required, before commencing the work, to .execute a payment and performance bond with a surety insurer author­ized to do business in this state as surety. Such bond shall be conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 whose claims derive directly or indirectly from the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him. Such action shall not involve the public authority in any expense. However, at the discretion of the director of the Department of General Ser­vices when such work is done for the state, or at the discretion of the official or board awarding such con­tract when such work is done for any county, city, political subdivision, or public authority, any person entering into such a contract which is for $25,000 or less may be exempted from executing the payment and performance bond. The director of the Depart­ment of General Services may delegate to state agen­cies the authority to exempt any person entering into such a contract amounting to $25,000 or· less from executing the payment and performance bond. In the event such exemption is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption.

(2) A claimant, except a laborer, who is not in privity with the contractor and who has not re-ceived payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, ma­terials, or supplies for the prosecution of the work, furnish the contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his labor, materials, or sup­plies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials -or supplies and of the non­payment. No action for the labor, materials, or sup­plies may be institu~ed against the contractor or the surety unless both notices have been given. No ac­tion shall be instituted against the contractor or the surety on the bond after 1 year from the perform­ance of the labor or completion of delivery of the materials or supplies.

(3) The bond required in subsection (1) may be in substantially the following form:

PUBLIC CONSTRUCTION BOND

BY THIS BOND, We ..... , as Principal and .... . , a corporation, as Surety, are bound to ..... , .herein called Owner, in the sum of$ ..... , for payment of which we bind ourselves, our heirs, personal repre­sentatives, successors, and assigns, jointly and sever­ally.

THE CONDITION OF THIS BOND is _that if Prin­cipal: .

1. Performs the contract dated ..... , 19 ..... between Principal and Owner for construction of ..... , the con~ tract being made a part of this bond by reference, at the times and in the manner prescribed in the con­tract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, sup­plying Principal with labor, materials, or supplies, used directly or indirectly by Principal_ in the prose­cution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate pro­ceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and mate­rials furnished under the contract for the time speci­fied in the contract, then this bond is void; otherwise it remains in full force.

Any changes in or under the contract documents and compliance or noncompliance with any formali­ties connected with the contract or the changes does not affect Surety's obligation under this bond.

DATED ON ..... , 19 ...... .. ~~~m~ .. 9.f..P.r.i!!.~!P.~L.

By ... .................................................................................. . As Attorney in Fact

... <N~m-~ .. 9.f. .\lw:~~.r.L.

(4) The payment provisions of all bonds fur­nished for public work contracts described in subsec­tion (1) shall, regardless of form, be construed and deemed statutory bond provisions, subject to all re-quirements of subsection (2). .

(5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. ·

(6) 'All bonds executed pursuant to this section shall make reference to this section by number and shall contain reference to the notice and time limita­tion provisions of this section.

History.-s. 1, ch. 6867, 1915; RGS 3533; s. 1, ch. 10035, 1925; CGL 5397; s. 1, ch. 59-491; s. 1, ch. 63-437; s. 1, ch. 71-47; ss. 1, 2, ch. 77-40; s. 1, ch. 77-78; s. 1, ch. 77-81; s. 1, ch. 80-32; s. 1, ch. 80-54. cf.-s. 337.18 Surety bonds required; defaults; damage assessment.

255.25 Approval of the Division of Building Construction and Property Management prior to construction or lease of buildings.-

( I) No state agency shall construct a building for state use unless prior approval of the architectural design and preliminary construction plans is first obtained from the division.

(2)(a) Except as provided in paragraph (b), no state agency shall lease a building or any part there­of unless prior approval of the lease conditions and of the need therefor is first obtained from the divi-

331

s. 255.25 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 255.25

sion. Any approved lease may include an option to purchase or an option to renew the lease, or both, upon such terms and conditions as are established by the division subject to final approval by the head of the Department of General Services.

(b) The approval of the division need not be ob­tained for the lease of less than 2,000 square feet of space within a privately owned building, provided the agency head has certified compliance with appli­cable leasing criteria and fire safety standards as may be provided pursuant to s. 255.249(2)(k) and has determined such lease to be in the best interest of the state. Such a lease which is for a term extending beyond the end of a fiscal year shall be subject to the provisions of s. 216.311.

(c) Each state agency shall develop procedures and adopt rules to ensure that the leasing practices of that agency are in substantial compliance with the rules adopted pursuant to this section and to s. 255.249.

(3)(a) No state agency shall enter into a lease as lessee for the use of 2,000 square feet or more of space in a privately owned building except upon ad­vertisement for and receipt of competitive bids and award to the lowest and best bidder. The division shall have the authority to approve a lease for 2,000 square feet or more of space that covers more than 1 fiscal year, subject to the provisions of s. 216.311, if such lease is, in the judgment of the division, in the best interests of the state. This paragraph shall not apply to buildings or facilities of any size leased for the purpose of providing care and living space for persons.

(b) The division may approve extensions of an existing lease of 2,000 square feet or more of space if such extensions are determined to be in the best interests of the state, but in no case shall the total of such extensions exceed 11 months. If at the end of the 11th month an agency still needs space, it shall be procured by competitive bid in accordance with s. 255.249(2)(b).

(4)(a) The division shall not authorize any state agency 'to enter into a lease agreement for space in a privately owned building when suitable space is available in a state-owned or other publicly owned building located in the same geographic region, ex­cept upon presentation to the division of sufficient written justification, acceptable to the division, that a separate space is required in order to fulfill the statutory duties of the agency making such request. The term "state-owned or other publicly owned building" as used in this subsection means any state­owned or other publicly owned facility regardless of use or control.

(b) State agencies shall cooperate with local gov­ernmental units by using suitable, existing publicly owned facilities. Agencies may utilize unexpended funds appropriated for lease payments to:

1. Pay their proportion of operating costs. 2. Renovate applicable spaces. (c) There is created a Public Facilities Conver­

sion Revolving Trust Fund in the State Treasury to be administered by the Department of General Ser­vices. Legislative appropriations made for the pur­pose of renovating publicly owned facilities shall be transferred to this fund and are appropriated for

such uses authorized by law. Amounts from this fund may be transferred to state agencies as author­ized by the Executive Office of the Governor. With the approval ofthe Executive Office of the Governor, agencies may utilize allocations from the Public Fa­cilities Conversion Revolving Trust Fund to reno­vate spaces which they will occupy, provided:

1. The project is shown to be cost-effective. 2, The applicable agency makes annual pay­

ments in the amount of the savings to the Public Facilities Conversion Revolving Trust Fund until the cost of renovation is recovered.

(5) Before construction or renovation of any state-owned or state-leased building is commenced, the division shall ascertain that the proposed con­struction or renovation plan complies with the fire safety standards of the State Building Code. The di­vision may delegate this responsibility to any ex offi­cio agent of the State Fire Marshal. Whenever the division determines that a construction or renova­tion plan is not in compliance with such fire safety standards, the division may issue an order to cease all construction or renovation activities until com­pliance is obtained, except those activities required to achieve such compliance. The division shall with­hold approval of any proposed lease until the con­struction or renovation plan complies with fire safe­ty standards. The cost of all modifications or renova­tions made for the purpose of bringing leased proper­ty into compliance with fire safety standards shall be borne by the lessor. Compliance with fire safety standards in the case of a building leased pursuant to paragraph (2)(b) shall be certified by the agency head as provided in that paragraph and shall not be subject to the requirements of this subsection.

(6) Before construction or substantial improve­ment of any state-owned building is commenced, the division shall ascertain that the proposed construc­tion or substantial improvement complies with the flood-plain-management criteria, as prescribed in the rules and regulations of the United States De­partment of Housing and Urban Development at 24 C.F.R.; Parts 1909-1925, promulgated pursuant to 42 U.S.C. ss. 4001-4128, and the division shall monitor the project to assure compliance with the criteria. In accordance with chapter 120, the division shall adopt any necessary rules to insure that all such proposed state construction and substantial im­provement of state buildings in designated flood prone areas complies with said flood-plain-manage­ment criteria. Whenever the division determines that a construction or substantial improvement project is not in compliance with the established flood-plain-management criteria, the division may issue an order to cease all construction or improve­ment activities until compliance is obtained, except those activities required to achieve such compliance.

(7) This section shall not apply to any lease hav­ing a term of less than 21 consecutive days for the purpose of securing the one-time special use of the leased property. This section shall not apply to any lease for nominal or no consideration.

(8) No agency shall enter into more than one lease for space in the same privately owned facility or complex within any 12-month period except upon the solicitation of competitive bids.

332

s. 255.25 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 258.165

(9) Specialized educational facilities, excluding classrooms, shall be exempt from the competitive bid requirements for leasing pursuant ~o this section if the executive head of any state agency shall certify in writing that said facility is available from a single source and that the competitive bid requirements would be detrimental to the state. Such certification shall include documentation of evidence of steps tak­en to determine sole-source status.

History.-s. 22, ch. 69-106; s. 5, ch. 75-70; s. 12, ch. 75-151; s. 1, ch. 77-174; s. 2, ch. 77-280; s. 3, ch. 78-166; s. 1, ch. 80-55; s. 1, ch. 80-294.

255.252 Findings and intent.-(1) Operating and maintenance expenditures as­

sociated with energy equipment and with energy consumed in state-financed and leased buildings rep­resent a significant cost over the life of a building. Energy conserved by appropriate building design not only reduces the demand for energy but also reduces costs for building operation. For example, commercial buildings are estimated to use from 20 to 80 percent more energy than would be required if energy-conserving designs were used. The size, de­sign, orientation, and operability of windows, the ratio of ventilating air to air heated or cooled, the level of lighting consonant with s.pace-use require­ments, the handling of occupancy loads, and the abil­ity to zone off areas not requiring equivalent levels of heating or cooling are but a few of the considera­tions necessary to conserving energy.

(2) Significant efforts are underway by the Gen­eral Services Administration, the National Bureau of Standards, and others to detail the considerations and practices for energy conservation in buildings. Most important is that energy-efficient designs pro­vide energy savings over the life ·of the building structure. Conversely, energy-inefficient designs cause excess and wasteful energy use and high costs over that life. With buildings lasting many decades and with energy costs escalating rapidly, it is essen­tial that the costs of operation and maintenance for energy-using equipment be included in all design proposals for state buildings.

(3) In order that such energy-efficiency consider­ations become a function of building design, and also a model for future application in the private sector, it shall be the policy of the state that buildings con­structed and financed by the state be designed and constructed in a manner which will minimize the consumption of energy used in the operation and maintenance of such buildings. It is further the poli­cy of the state, when economically feasible, to retro­fit existing state-owned buildings in a manner which will minimize the consumption of energy used in the operation and maintenance of such buildings . .

(4) In addition to designing and constructing new buildings to be energy-efficient, it shall be the policy ofthe state to operate, maintain, and renovate exist­ing state facilities, or provide for their renovation, in a manner which will minimize energy consumption and ensure that facilities leased by the state are operated so as to minimize energy use.

History.-s. 2, ch. 74-187; s. 1, ch. 78-26; s. 1, ch. 80-286.

CHAPTER 258

STATE PARKS AND PRES_ERVES

258.024 Police powers of director and·park officers. 258.165 Biscayne Bay Aquatic Preserve.

258.024 Police powers of director and park officers.-

(1) The Governor and Cabinet as the head of the Department of Natural Resources are authorized to designate the director of the Division of Recreation and Parks. The director and such number of park officers as may be deemed necessary at each park site shall be constituted police officers having the following powers:

(a) To make arrest without warrant under cir­cumstances set forth in s. 901.15 only when such violations occur upon lands under jurisdiction of the division and only if the director and the park officers have been certified in compliance with s. 943.14 or are on temporary waiver as provided by s. 943.14 until certified; however, such employees shall not be eligible for membership in the special risk class of the Florida Retirement System;

(b) To bear arms. while in the performance of their official duties;

(c) To have the powers of search and seizure, as set forth in s. 901.21.

(2) The park officers so designated as officers having the power to arrest shall:

(a) Meet the requirements of the 'Police Stand-ards Board; and ·

(b) Be assigned to one regular duty station only and perform such services in addition to their other regular duties as park officers.

(3) The Division of Recreation and Parks is not authorized by this section to establish a special law enforcement unit or division within that agency, and the park officers designated as having arrest powers shall not be employed as a patrol to move from one state park to another.

(4) It is unlawful for any person to resist arrest or otherwise interfere with the director or park offi­cers in the performance of their lawful duties.

History.-s. 1, ch. 70-106; s. 8, ch. 73-333; s. 1, ch. 80-201. 'Note.-The Police Standards Board was abolished by ch. 74-386, which

established the Police Standards and Training Commission. Note.-Former s. 592.075.

258.165 Biscayne Bay Aquatic Preserve.­(!) DESIGNATION.-Biscayne Bay in Dade and

Monroe Counties, as hereinafter described to include Card Sound, is designated and established as an aquatic preserve under the provisions of this section. It is the intent of the legislature that Biscayne Bay be preserved in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations.

(2) BOUNDARIES.-(a) For the purposes of this section, Biscayne

Bay, sometimes referred to in this ·section as "the preserve," shall be comprised of the body of water in

333

s. 258.165 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 258.165

Dade and Monroe Counties known as Biscayne Bay whose boundaries are generally defined as follows:

Begin at the southwest intersection of the right-of­way of State Road 826 and the mean high-water line of Biscayne Bay (Township 52 South, Range 42 East, Dade County); thence southerly along the westerly mean high-water line ofBiscayne Bay to its intersec­tion with the right-of-way of State Road 905A (Town­ship 59 South, Range 40 East, Monroe County); thence easterly along such right-of-way to the easter­ly mean high-water line of Biscayne Bay; thence northerly along the easterly me~n high-water line of Biscayne Bay following the westerly shores of the most easterly islands and Keys with connecting lines drawn between the closest points of adjacent islands to the southeasterly intersection of the right-of-way of State Road 826 and the mean high-water line of Biscayne· Bay; thence westerly to the point ofbl:)gin­ning. Said boundary extends across the mouths of all artificial waterways, but includes all natural water­ways tidally connected to Biscayne Bay. Excluded from the preserve are those submerged lands con­veyed to the United States for the establishment of the Biscayne National Monument as defined by Pub. L. No. 90-606 of the United States.

(b) The preserve established by this section shall include the submerged bottom lands and the water column upon such lands, as well as all publicly owned islands, within the boundaries of the pre­serve. Any privately held upland within the bounda­ries of the preserve shall be deemed to be excluded therefrom. However, the Board of Trustees of the Internal Improvement Trust Fund may negotiate an arrangement with any such private upland owner by which such land may be included in the preserve.

(c) The board of trustees may transfer to the United States any interest in lands, title to' which is vested in the board of trustees, which are presently within the boundaries of the preserve for inclusion in the Biscayne National Monument or its successor should the area be designated a national park. Transfers of interest under this paragraph shall be subject to the following conditions:

1. All interest~ jn oil, gas, or other mineral rights held by the boa.'rd of trustees shall be retained and not transferred to the United States.

2. All rights to fish on the waters shall be re­tained and not transferred to the United States.

3. All rights to impose and collect state excise taxes on the sales of alcohol or tobacco shall be re­tained and not transferred to the United States.

4. Transfers of interest shall be subject to out­standing easements, reservations, or other interests appearing of record.

(3) AUTHORITY OF TRUSTEES.-The Board of Trustees of the Internal Improvement Trust Fund is authorized and directed to maintain the aquatic pre­serve hereby created pursuant and subject to the following provisions: . .

(a) No further sale, transfer, or lease of sove­reignty submerged lands in the preserve shall be approved or consummated by the board of trustees, except upon a showing of extreme hardship on the part of the applicant and a determination by the board of trustees that such sale, transfer, or lease is in the public interest.

(b) No further dredging or filling of submerged lands of the preserve shall be approved or tolerated by the board of trustees except:

1. Such minimum dredging and spoiling as may be a,uthorized for public n~vigation projects or for such minimum dredging and spoiling as may be con­stituted as a public necessity .or for preservation of the bay according to the expressed intent of this section. · .

2. Such other alteration of physical conditions as may be necessary to ~nhance the quality or utility of the preserve.

3. Such minimum dredging and filling as may be authorized for the creation and maintenance of marinas, piers, and docks and their attendant navi­gation channels and access roads. Such projects may only be authorized upon a specific finding by the board of trustees that there is assurance that the project will be constructed and operated in a man'ner that will not adversely affect the water quality of the preserve. This subparagraph shall not approve the connection of upland canals to the waters of the pre­serve.

4. Such dredging as is necessary for the purpose of eliminating conditions hazardous to the public

· health or for the purpose of eliminating stagnant waters, unsightly mud flats, islands, and spoil banks, the dredging of which would enhance the aesthetic quality and utility of the preserve and be clearly in the public interest as determined by the board of trustees.

Any dredging or filling under this subsection or im­provements under subsection (5) shall be approved Qnly after public notice and hearings in the area affected, pursuant to chapter 120.

(c) There shall be no drilling of wells, excavation for shell or minerals, or erection of structures other than docks within the preserve unless such activity is associated with activity authorized by this section.

1(d) The board of trustees shall not approve any seaward relocation of bulkhead lines or further es­tablishment of bulkhead lines except when a pro­posed bulkhead line is located at the line of mean high water along the shoreline. Construction, re­placement, or relocation of seawalls shall be prohib­ited without the approval of the board of trustees, which approval may be granted only if riprap con­struction is used in the seawall.

(e) Notwithstanding other provisions of this sec­tion, the board of trustees may, respecting lands ly­ing within Biscayne Bay:

1. .Enter into agreements for and establish lines delineating sovereignty and privately owned lands.

2. Enter into agreements for the exchange of, and excliange, sovereignty lands for privately owned lands.

3. Accept gifts ofland within or contiguous to the preserve.

4. Negotiate for, and enter into agreements with owners oflands contiguous to sovereignty lands for, any public and private use of any of such lands.

5. ·Take any and all actions convenient for, or necessary to, the accomplishment of any and all of the acts and matters authorized by this paragraph.

(4) RULES.-

334

s. 258.165 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 265.26

(a) The board of trustees shall adopt and enforce reasonable rules and regulations to carry out the provisions of this section and specifically to provide:

1. ~dditional preserve management criteria as may -be : necessary to accommodate special circum­stances.

2. Regulation of human activity within the pre­serve in such a manner as not to interfere unreason­ably with lawful and traditional public uses of the preserve, such as fishing (both sport and commer­cial), boating, and swimming. ·

(b) Other uses of the preserve, or human activity within the preserve, although not originally contem­plated, may be permitted by the board of trustees, but only subsequent to a formal finding of compati­bility with the purposes of this section.

(c) Fishing involving the use of seines or nets is prohibited in the preserve, except when the fishing is for shrimp or mullet and such fishing is otherwise permitted by state law or rules promulgated by the Department of Natural Resources.

(5) RIPARIAN RIGHTS.-Neither the establish­ment nor the management of the Biscayne Bay Aquatic Preserve shall operate to infringe upon the riparian rights of upland property owners adjacent to or within the preserve. Reasonable improvement for ingress and egress, mosquito control, shore pro­tection, public utility expansion, and similar pur­poses may be permitted by the board of trustees or Department of Environmental Regp.lation, subject to the provisions of any other applicable laws under the jurisdiction of other agencies.

(6) DISCHARGE OF WASTES PROHIBITED.­No wastes or effluents which substantially inhibit the accomplishment of the purposes of this section shall be discharged into the preserve.

(7) ENFORCEMENT.-The provisions of this section may be enforced in accordance with the pro­visions ofs. 403.412. In addition,, the Department of Legal Affairs is authorized to bring an action for civil penalties of $5,000 per day against any person, natural or corporate, who violates the provisions of this section or any rule or regulation issued hereun­der.

(8) SECTIONS 403.501-403.515 APPLICABLE.­The provisions of this section shall be subject to the provisions of ss .. 403.501-403.515. ·

History.-ss. 1-8. ch. 74·171; s. 2, ch. 76-109; s. 1, ch. 77·174; s. 1, ch. 78-628; s. 12, ch. 79-65; s. 1, ch. 8().204.

'Note.-Section 26, ch. 75·22, repealed s. 253.122, relating to the power to fix bulkhead lines. J

CHAPTER 265

MEMORIALS~ MUSEUMS, AND FINE ARTS

265.26 265.28

265.281 265.282 265.283 265.284

Trustees of Ringling Museum of Art. Fine Arts Council; creation, membership,

and. duties. Short title. · Legislative intent. Definitions. Chief cultural officer; director of division;

poV'{ers and duties.

265.285 Florida Fine Arts Council; creation, mem­bership, and duties.

265.286 Fine arts grants award by Division of Cul­tural Affairs.

265.287 State Theater Program; Department of State.

265.288 State Theater Board of Florida. 265.289 Contract organizations; contract; audit;

admission fees. 265.29 Additional powers and duties of Fine Arts

Council. 265.30 Art grants; Division of Cultural Affairs,

powers and duties.

1265.26 Trustees of Ringling Museum of Art.-

(1)(a) There is created a Board ofTrustees of the John and Mable Ringling Museum of Art, which shall consist of nine members, of whom four mem­bers shall be residents of Sarasota County or Mana­tee County, and five shall be from five different counties in the state.. Of the four members from Sarasota and Manatee Counties, there shall be at least one member from each of those counties. Each member shall have been a resident and citizen of the state for a period of at least 10 years. The terms of office of the members shall be 4 years, except the terms of the first members, two of whom shall be appointed for a term ofl year, two of whom shall be appointed for a term of 2 years, two of whom shall be appointed for a term of 3 years, and three for a term of 4 years. The appointment of the trustees shall be by the Governor. The Governor may remove any member for cause and shall fill all vacancies that occur. Members whose terms have expired may continue to serve until replaced .or reappointed.

(b) The John and Mable Ringling Museum of Art is designated as the official art museum of the State of Florida. The purpose and function shall be to maintain and preserve all objects of art donated to the state through the will of John Ringling; to ac­quire and preserve objects of art; to provide art mu­seum services to communities throughout the state; to conduct programs in cooperation with these com­munities; and to strengthen local organizations through the following services:

1. To conduct or assist in the conduct of exhibits of the visual arts;

2. To engage in educational programs in the field of visual arts; and ,

3. To engage in such other activities related to visual arts which shall benefit the citizens of this state.

The museum shall also engage in programs on the national and international level to enhance further the cultural resources of Florida.

(2) The board of trustees shall elect a chairman annually. The trustees shall be reimbursed for trav­eling expenses, as provided in s. 112.061, while in the performance of their duties, the accounts of which shall be paid by the State Treasurer upon itemized vouchers duly approved by the chairman. The chair­man of the board may appoint such committees as deemed necessary to carry out the functions of the board.

335

s. 265.26 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 265.284

(3) The Board of Trustees of the John and Mable Ringling Museum of Art is assigned to the Depart­ment of State.

(4) The board of trustees shall have complete ju­risdiction over the management of the museum and is invested with full power and authority to appoint a director, who shall be exempt from the Career Ser­vice System, and to appoint other employees, in ac­cordance with Florida Statutes and rules; to remove the same in accordance with Florida Statutes and rules; to provide for the proper keeping of accounts and records and budgeting of funds; to enter into contracts for professional programs of the museum and for the support and maintenance of the muse­um; 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 John and Mable Ringling Museum of Art at the highest efficiency economically possible while taking into consideration the purposes of the establishment.

(5) All presently existing obligations, contracts, and other commitments of the John and Mable Ring­ling Museum of Art shall be honored by the board of trustees.

(6) Any authority assumed or vested by law in the director or other officer or employee of the John and Mable Ringling Museum of Art is vested in the board of trustees. The director upon approval of the trustees is authorized to expend not to exceed $1,000 annually from funds derived from admissions for public relations deemed by the trustees to be neces­sary and in the best interest ofthe museum in addi­tion to publicity and advertising expenditures.

(7) Notwithstanding the provisions of s. 287.025(1)(e), the board of trustees may enter into contracts to insure paintings and other objects of art which it loans for public exhibition pursuant to s. 265.27.

(8)(a) The board oftrustees may enter into agree­ments to accept credit card payments as compensa­tion for sales in the gift shops. The board of trustees may establish accounts in credit card banks for the deposit of credit card sales invoices.

(b) The board of trustees may establish a policy which will permit the acceptance of tour vouchers issued by tour organizations or travel agents for pay­ment of admissions.

History.-ss. 1-6, ch. 59-60; s. 19, ch. 63-400; s. 1, ch. 63-150; ss. 10, 35, ch. 69-106; s. 4, ch. 78-323; ss. 1, 2, ch. 79-29; ss. 1, 2, ch. 80-48 . .

'Note.-Repealed by s. 4, ch. 78-323, effective October 1, 1981, except for the possible effect of laws affecting this section prior to that date. Section 2, ch. 80-48, provides that, if s. 265.26 is repealed in accordance with the intent expressed in the Sundown Act, it 'is the intent of the Legislature thatch. 80-48 shall also be repealed on the same date as is therein provided.

Note.-Former s. 272.19.

265.28 Fine Arts Council; creation, member­ship, and duties.--{Repealed by s. 3, ch. 80-319.]

265.281 Short title.-Sections 265.281-265.286 shall be known and may be cited as the "Florida Fine Arts Act of 1980."

History.-s. 1, ch. 80-319.

265.282 Legislative intent.-The Legislature recognizes the vast cultural resources available in the state for the development, promotion, and enjoy­ment of the fine arts. It is the intent of the Legisla-

ture by enactment of this legislation to provide for maximum efficiency in providing state support for, and gaining national and international recognition of, the efforts, works, and performances of Florida artists and art agencies. Furthermore, it is the in­tent of the Legislature to foster, through the pro­grams created hereunder, the development of a receptive climate for the fine arts; to enrich cultural­ly and benefit the citizens of this state in their daily lives; to make Florida visits and .vacations all the more appealing to the world; and to attract to Flori­da residency additional outstanding creators in the fields of fine arts through appropriate programs of publicity, education, coordination, grants, and ac­tivities, such as sponsorship of art lectures and exhi­bitions and central compilation and dissemination of information on the progress of the fine arts in Flori­da.

History.-s. 1, ch. 80-319.

265.283 Defmitions.-The following definitions shall apply to ss. 265.281-265.286:

(1) "Department" means the Department of State. ,

(2) "Division" means the Division of Cultural Af­fairs of the Department of State.

(3) "Fine arts" means any and all artistic disci­plines which include, but are not limited to, music, dan-ce, drama, theater programs, crea~ive writing, literature, architecture, painting, . sculpture, folk arts, photography, crafts, and public media, and the execution and exhibition of other such allied, major art forms.

(4) "Secretary"· means the Secretary of State. (5) "Director" means the Director of the Division

of Cultural Affairs of the Department of State .. History.-s. 1, ch. 80-319.

265.284 Chief cultural officer; director of di· vision; powers and duties.-

(1) The Secretary of State shall be chief cultural officer of the state.

(2) The Division of Cultural Affairs of the De­partment of State shall be headed by a di:rector who shall serve at the pleasure of the Secretary of State.

(3) The Division of Cultural Affairs shall have direct administrative authority and responsibility for all of the programs authorized by this act. In furtherance thereof, the division shall have the au­thority to:

(a) Accept and administer state and federal funds provided for the fine arts, the grants, and any program authorized by this act.

(b) Subject to the approval of the Secretary of State, enter into such contracts with any person, firm, performing arts company, educational institu­tion, arts organization, corporation, or governmen­tal agency as may be necessary or advisable to carry out its functions under this act.

(c) Seek, and help assure, a uniformity of art­work within state buildings and review all art con­tent of existing public buildings or buildings of state ownership for the purpose of making recommenda­tions to the Department of General Services as to matters of installation, relocation, restoration, re­moval, or any other disposition of such works of art.

(d) On request, or at its own initiative, consult

336

s. 265.284 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 265.286 .

with and advise other individuals, groups, organiza­tions, or state agencies and officials, particularly the Governor and the Cabinet, concerning the acquisi­tion by gift or purchase of fine art works, the appro­priate use and display of state-owned art treasures for maximum public benefit, and the suitability of any structures or fixtures primarily intended for or­namental or decorative purposes in public buildings.

(e) Accept on behalf of the state donations of money, property, art objects, and antiquities. Such donations of money and any cash income which niay be received by the division or which were previously received by the Florida Fine Arts Council from the disposal of any donations of property, art objects, or antiquities shall be deposited into a separate trust fund and are hereby appropriated to the use of the division for the purposes of this act.

(4) There is created the Florida Fine Arts Trust Fund to be administered by the Department of State for the purposes set forth in this act.

(5) The division is further authorized to: (a) Accept and administer moneys appropriated

by the Legislature, and moneys received from the Federal Government or from other public or private sources, for the development of nationally recog­nized Florida performing arts groups through a state touring program. The division shall develop and es­tablish a selection procedure which will ensure max­imum opportunity for selection of and participation by Florida performing art groups in the state touring program.

(b) Sponsor performances and exhibits; promote and encourage the study and appreciation of fine arts; and collect, publish, and print pamphlets, pa­pers, newsletters, and other materials relating to fine arts programs available throughout the state.

(c) Conduct and support cultural programs and cultural exchanges in conjunction with the Depart­ment of Commerce and other appropriate state agen­cies, including the acceptance of funding, technical assistance, and other forms of support for such pur­poses.

(d) Promulgate such rules as are necessary to carry out its duties.

(6) Subject to funding by the Legislature, there are created the State Orchestra Program, State Dance Program, and State Opera Program, each· to be administered as part of, and under the direct su­pervision of, the Division of Cultural Affairs.

History.-ss. 1, 2, ch. 80-319.

1265.285 Florida Fine Arts Council; creation, membership, and duties.-

(1) The Florida Fine Arts Council is created as an advisory body, as defined in s. 20.03(7), to consist of 15 members to be appointed by the Secretary of State. In making the appointments, the Secretary of State shall give due consideration to geographical representation so that all areas of the state will have a voice on the council. The term of office of each appointed member shall be 4 years; however, of the members first appointed, three shall be appointed for terms of 1 year, four for terms of 2 years, four for terms of 3 years, and four for terms of 4 years. No appointed member of the council who serves a full 4-year term shall be eligible for reappointment dur­ing a 1-year period following the expiration of his

term. The members shall elect a chairman from their number annually. Any vacancy on the council shall be filled for the remainder of the unexpired term in the same manner as for the original appoint­ment. The council shall meet as often as necessary to conduct business or at the call of the Secretary of State. Members of the council shall not receive any compensation for their services, but shall be reim­bursed for travel and expenses incurred in the per­formance of their duties, as provided in s. 112.061.

(2) The duties of the council shall be to: (a) Advise the Secretary of State in all matters

pertaining to fine arts, specifically with respect to any programs operated by the department as au­thorized hereunder.

(b) Stimulate and encourage throughout the state the study and presentation of fine arts and the public interest and participation therein.

(c) Make such surveys as may be advisable of public and private institutions which are engaged within the state in artistic and cultural activities.

(d) Encourage the participation in and apprecia­tion of fine arts to meet the needs and aspirations of persons in all parts of the state.

(e) Encourage public interest in the cultural her­itage of this state and expand the cultural resources of the state.

(f) Encourage and assist freedom of artistic ex­pression essential for the well-being of fine arts.

(g) Advise the Secretary of State in all matters concerning the awarding of grants for the fine arts under this act.

(h) Promote the decoration and beautification of the interiors of the Capitol Building and other public . buildings, and advise appropriate state officers, stat~;J agencies, and the Department of General Services in this regard.

History.-ss. 1, 4, ch. 80-319. 1 Note.-Section 4, ch. 80-319, provides that, in accordance with the intent

expressed in s. 11.611, this section, as created by ch. 80-319, shall be repealed (expires) on October 1, 1986, and the Florida Fine Arts Council shall be subject to legislative review as required by s. 11.611(4), (5), and (6).

265.286 Fine arts grants award by Division of Cultural Affairs.-

(1) Subject to the recommendation of the Florida Fine Arts Council and to the approval of the Secre­tary of State, the division is authorized to expend appropriated state and federal funds for fine arts grants. The division shall expend all funds in accord­ance with state law and shall use such appropria­tions to supplement the financial support of:

(a) Programs which have substantial artistic and cultural significance, giving emphasis to American creativity and the maintenance and encouragement of professional excellence.

(b) Programs meeting professional standards or standards of authenticity, irrespective of origin, which programs are of significant merit and which, without such assistance, would otherwise be una­vailable to the citizens of this state.

(2) Grants shall be made by contract with any nonprofit corporation, local or state governmental entity, or artist engaged in or concerned with the arts. The total grant amount awarded to a program, with the exception of individual fellowships, shall not exceed 50 percent of the nonfederal share of the cost of the program. However, up to 20 percent of the

337

. s. 265.286 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 265.288

funds appropriated for art grants may be available for grants and contracts without regard to such limi-tation. ·

,(3) In administering grants, contracts, and funds appropriated for arts programs, the division may re­lease moneys in advance on a quarterly basis. The grantee or contractee shall furnish to the division, within 90 days of the end of the quarter, a complete and accurate accounting of how all state funds were expended during such quarter. Postaudits to be con­ducted by an independent certified public account­ant may be required in accordance with rules adopt­ed by the division.

(4) The division is authorized to develop and con­duct a challenge grant program available to cultural institutions or groups of institutions which have re­gional or statewide impact. Challenge grants shall be made for not less than $10,000; and matching moneys must be on at least a basis of3 to 1, with the institution providing the higher ratio. The division shall by rule establish the specific eligibility and matching criteria for such grants. Separate funding for this program shall be provided by the Legisla-~re. .

History.-s. 1, ch. 80-319.

1265.287 State Theater Program; Dep~tment of State.-

(1) There is created within the Department of State a State Theater Program. The purpose of the State Theater Program is to enrich the lives of the citizens of the state by providing quality theater pro­grams statewide, to encourage the development of theater educational programs in public schools and

·universities, and to assist in developing a work force of professionals for the filin and theater industry within the state:

(2) To enrich and enlarge the artistic capacity of community theaters and the quality and quantity of amateur and professional theaters throughout the state, the department · may provide programs through workshops, clinics, seminars, and any other appropriate means.

(3) In addition to its other powers to contract granted herein, the department is specifically grant­ed the authority to contract with professional theat­rical management groups or companies to provide State Theater Program services, provided such con­tracts shall require the signatures ofboth the chair­man of the State Theater Board of Florida on behalf of the board and the Secretary of State to be valid. In administering funds appropriated for the State Theater Program, the department may release con­tract moneys in advance on a quarterly basis. The group or company contracted with shall furnish to the department, within 90 days ofthe end of a quar­ter, a complete and accurate accounting of how all state funds were expended during such quarter.

(4) All state-owned theaters are designated as "State Theater Program facilities." . (5) The state universities- and community col­leges are authorized to conduct -and support educa­tional programs in conjunction with the state theat­ers of Florida, including, but not limited to, the pro­vision ofteachers, instructors, and professors for the theater; the instruction of students; facilities for per­formances; technical assistance; and other forms of

support for the enrichment of the program. (6) The Department of Education is authorized to

conduct and support educational programs in con­junction with the state theaters of Florida, includ­ing, but not limited to, the provision of joint educa­tional programs and support for touring perform­ances in the universities and public school system and other forms of support for the enrichment of theater programs throughout the state. History~ss. 1, 4, ch. 80-288,

'Note.-Section 4, ch. 80-288, provides that, in accordance with the intent expressed in s. 1 L611, this section, as created by ch. 80-288, shall be repealed (expires) on October 1, 1986, and the State Theater Board of Florida shall be subject to legislative review as required by s. 11.611(4), (5), and (6). cf.-s. 265.288 State Theater Board of Florida.

1265.288 State Theater Board of Florida.­(1) There is created the State Theater Board of

Florida .to consist of members appointed as follows: (a) The Dean of the School of Theater of Florida

State University or his designee. . (b) One member who is a representative of the

Asolo Theater Festival Association, Inc., appointed by its board of directors. ·

(c) One member who is a representative of the Founders of the Player~ State Theater, appointed by its board of directors.

(d) Two members, who .shall each serve for a term of 4 years, appointed by the Secretary of State.

(e) One member for each additional theater re­ceiving funds from the board, such member to be selected by the board of directors of that theater.

Additionally, members of the board may be appoint­ed to represent those colleges and universities ac­cepted to participate in the State Theater Program.

(2) The members of the State Theater Board of Florida shall elect a chairman from their number. Any vacancies on the· board shall be filled in the same manner as original appointments. The Direc­tor of the Division of Cultural Affairs of the Depart­ment of State, or his designee, shall serve without voting rights as secretary of the board. The division may provide staff assistance to the board. The board shall meet as often as necessary to transact business at the call of the chairman or at the call of the Secre­tary of State. Members of the board shall not receive any compensation for their services but shall be re­imbursed for travel and expenses incurred in the performance .of their duties as provided ins. 112.061.

(3) The State Theater Board of Florida shall have the. followin·g duties and responsibilities:

(a) To develop criteria to ensure the quality of theater programs throughout the state and recom­mend specific actions to establish and maintain ex­cellence in theater programs and to formulate policy to encourage the development of additional profes­sional theater programs.

(b) To propose contracts with professional thea­ter management groups and companies.

(c) To work in conjunction with the department to provide workshops, clinics; and seminars. · (d) To establish the priority use for State Theater

Program facilities and approve additional locations for program performance.

(e) To propose the designation of additional state theaters.

(f) To work with the State University System to

338

s. 265.288 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 267.072

continue and provide educational programs in con­junction with the state theaters of Florida.

(g) To advise the Secretary of State on all aspects of the State Theater Program.

(h) To enter into an agreement annually with the Board of Trustees of the John and Mable Ringling Museum of Art for the use of the Asolo Theater.

Hlstory.-ss. 2, 4, ch. 80.288. 'Note.-Section 4, ch. 80-288, provides that, in accordance with the intent

expressed in s. 11.611, this section, as qeated by ch. 80-288, ,shall be repealed (expires) on October 1, 1986, and the State Theater Board of Florida shall be subject to legislative review as required by s. 11.611(4), (5), and (6).

1265.289 Contract organizations; contract; audit; admission fees.-

(1) DEFINITION.-For the purposes of this sec­tion, a "state theater contract organization" means an organization which:

(a) Is a corporation not for profit incorporated under the provisions of chapter 617.

(b) Is organized and operated to conduct theater programs.

(c) Is authorized to do business pursuant to ss. 170(c) and 501(3)(c) of the Internal Revenue Code of 1954.

(d) Has been contracted with to operate as a state theater contract organization.

(2) CONTRACT PROVISIONS.-The contract may:

(a) Permit the use of property, facilities, or per­sonal services of the State Theater Program. by a contract organization subject to the provisions of this section.

(b) · Prescribe any condition pertaining to the qualifications of contract organizations or with which a contraCt organization shall comply in order to use property, facilities, or personal services.

(c) Not pertnit the use of property, facilities, or personal services of the State Theater Program by any contract organization which does not provide equal employment opportunity to all persons regard­less of race, color, religion, sex, age, or national ori­gin.

(3) ANNUAL AUDIT.-Each contract organiza­tion shall cause an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be adopted by the department. The annual audit report shall be submitted to the Auditor General and the department for review. The Auditor Ge~eral and the department are each authorized to require and re­ceive from the contract organization, or from its in­dependent auditor, any detail or supplemental data relative to the operation of such organization. The identity of donors who desire to remain anonymous shall be protected, and the anonymity shall be main­tained in the auditor's report. The records of the organization, other than the auditor's report and supplemental data requested .by the Auditor Gener­al or the department, shall not be considered p~blic records for the purposes of chapter 119.

(4) ADMISSION FEES.-Any admission fee to a performance of a state theater, under provisions of a state theater contract, which performance is spon­sored in whole or in part by a contract organization,

shall be wholly retained by the contract organiza­tion.

Hlstory.-ss. 3, 4, ch. 80.288. 'Note.-Section 4, ch. 80.288, provides that, in accordance with the intent

expressed ins. 11.611, this section, as cre_~ted by ch. 80·288, shall be repealed (expires) on October 1, 1986, and the State Theater Board of Flor1da shall be subject to legislative review as required by s. 11.611(4), (5), and (6).

265.29 Additional powers and duties of Fine Arts Council.-{Repealed by s. 3, ch. 80-319.]

265.30 Art grants; Division of Cultural Af· fairs, powers and duties.-{Repealed by s. 3, ch. 80-319.]

CHAPTER267

ARCHIVES, HISTORY, AND RECORDS MANAGEMENT

..

267.072 Museum of Florida History. ·

267.072 Museum of Florida History.-(1) There is created the Museum of Florida Histo­

ry Trust Fund to be administered by the Department of State for the purp.oses set forth in this act.

(2) It is the duty of the Bureau of Historical Mu­seums to:

(a) Establish and administer a.museum store in the Museum of Florida History to provide informa­tion and materials relating to museum exhibits, col­lections, and programs to the public. The store may produce·, acquire, and .sell craft products, replicas and reproductions of artifacts, documents, and other merchandise relating to historical and cultural re­sources.and may make a reasonable charge for such merchandise. All profits received from sales shall be deposited to the Museum of Florida History Trust Fund to be used by the museum exclusivelyJor the acquisition imd production of exhibits or products for resale in the museum store. . (b) . Support the establishment of a nonprofit or­

ganization or ass.ociation to promote and encourage knowledge and appreciation of Florida. history and the programs ofthe Museum of Florida History and to cooperate with historical societies and other or­ganizations to provide funding and promotional s~p­port for the programs of the museum. Such organiza­tion or association may, with the consent of the bu­reau, operate the museum store or conduct special events and programs in the museum. All proceeds shall be used to support the programs ofthe Museum of Florida History.

(3) The bureau is authorized to accept gifts and donations, which shall be deposited in the Museum ofFloJ.Tida History Trust Fund to be used exclusively for the acquisition and production of exhibits or for the purchase ofitems for resale in the museum store. · (4) The museum store of the Museum of Florida History is authorized to enter into agreements and accept credit card payments as compensation for goods and products sold; however, no discount may be given and no service charge assessed. The bureau is further authorized to establish accounts in credit

339

s. 267.072 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 273.02

card banks for the deposit of credit card sales invoic­es.

History.-ss. 2-4, ch. 80-159.

CHAPTER 272

CAPITOL CENTER

272.16 272.161

Parking areas within Capitol Center area. Rental of reserved parking spaces.

272.16 Parking areas within Capitol Center area.-

'(1) The Division of Building Construction and Property Management of the Department of Gener­al Services may assign parking areas within the Cap­itol Center area to a state agency for its own use or for reassignment to state officers .and employees em­ployed in Tallahassee; provided parking areas must be provided for members of the Legislature during sessions of the Legislature, regular and extraordi­nary. Not more than 15 percent of said parking areas may be set aside for the use of persons temporarily visiting or attending to business in the Capitol Cen­ter area who reside beyond the territorial limits of the City of Tallahassee. Any remaining portion of the parking areas not assigned as aforesaid may be limited in period of time for use. However, the De­partment of General Services shall have no power to assign parking spaces in the legislative office build­ings, nor shall those spaces and spaces in the parking facility within the Capitol Building which are allo­cated to the Legislature be included under the provi­sions of this section and s. 272.161(1), except as pro­vided in subsection (2) of this section.

(2) The presiding officer of each ·house of the Leg­islature shall be responsible for the assignment of parking spaces in its respective office building.

:(3) The parking areas so assigned, or so limited in use, shall be clearly marked, and any violation of the same shall constitute a violation of this chapter and may be punished as if it constituted a violation of a municipal ordinance of the City of Tallahassee.

'(4) The Department of General Services shall adopt such rules as are necessary to carry out the purposes of subsections (1) arid (3).

History.-s. 5, ch. 29840, 1955; ss. 22, 35, ch. 69-106; s. 1, ch. 73-34; s. 2, ch. 75-70; s. 1, ch. 80-225.

'Note.-Subsection (1), as amended, and subsection (4), as created, take effect January 1, 1981.

1272.161 Rental of reserved parking spaces.- .

(1)(a) The Department of General Services may assign a reserved parking space to any state em­ployee, provider of essential services to the state, or state agency for reassignment to its employees. Any state agency assigned a reserved parking space shall charge the user of such space a fee in accordance with guidelines established by the department.

(b) Any state agency assigned a reserved parking space which is not rented for a period of 7 consecu­tive days shall return such space to the department for reassignment. All state agencies assigned re­served parking spaces shall assure the timely pay­ment of assessed rent to the department.

(c) Assignments of reserved parking spaces shall be limited to the amount of available parking under the supervision of the department. State agencies, employees, or providers of essential services may re­quest a reserved parking space in a . manner pre­scribed by the department.

(2) All employee parking fees shall be payable by the payroll deduction plan, periodically according to the employee's pay schedule, to the Department of General Services or to the contracting agency.

(3) All fees collected by the Department of Gen­eral Services under the provisions of this section shall be deposited in the Supervision Trust Fund. The department shall maintain a distinct account­ing of the revenues and expenditures related to the paid parking program which shall be displayed in the department's budget request submitted in ac­cordance with the provisions of chapter 216. The revenues collected from parking fees and fines shall be used for the maintenance, minor construction, enforcement, security, and administration of park-ing facilities and programs. .

(4) The Department of General Services shall adopt such rules as are necessary to carry out the purposes of this section.

(5) The Department of General Services shall es­tablish fees on all state-owned reserved parking spaces under the jurisdiction of the department.

(6) The Department of General Services shall have the authority to remove or tow away, or cause to be removed or towed away, any wrongfully parked vehicle in any assigned or reserved parking space or area under the c_ontrol of the Department of General Services throughout the state at the experise of the owner of the wrongfully parked vehicle.

History.-s. 1, ch. 70-249; s. 1, ch. 72-124; s. 2, ch. 80-225. 'Note.-As amended, effective January 1,1981, except that those provisions

" ... which provide for the deposit of fees in the Supervision Trust Fund ... shall take effect July 1, 1980." '

CHAPTER 273

STATE-OWNED TANGIBLE PERSONAL PROPERTY

273.02 Record and inventory of certain property.

273.02 Record and inventory of certain prop­erty.-The word "property" as used in this section means equipment, fixtures, and other tangible per­sonal property of a nonconsumable and nonexpenda­ble nature, the value or cost of which is $50 or more and the normal expected life of which is 1 year or more, and hardback-covered bound books, the value or cost of which is $25 or more. Each item of property which it is practicable to identify by marking shall be marked in the manner required by the Auditor General. Each custodian shall maintain an adequate record of property in his custody, which record shall contain such information as shall be required by the Auditor General. Once each ·year, on July 1, ot as soon thereafter as is practicable, and whenever there is a change of custodian, each custodian shall take an inventory of property in his custody. The

340

s. 273.02 1980 SU:PPLEMENT TO FLORIDA STATUTES 1979 s. 287.012

inventory shall be compared with the property record, and all discrepancies shall be traced and reconciled. All publicly supported libraries shall be exempt from this section.

History.-s. 2, ch. 57-277; s. 1, ch. 59-430; s. 1, ch. 69-74; s. 8, ch. 69-82; s. 3, ch. 80-380.

'·

CHAPTER 283

PUBLIC PRINTING AND STATIONERY

283.10 Bids required on class B printing.

283.10 Bids required on class B printing.­(1) No general contract shall be let to cover the

printing designated as "class B," but each job coming under this classification shall be let separately un­der regulations adopted by the Division of Purchas­ing of the Department of General Services to the lowest responsible bidder who shall manufacture the same in accordance with s. 283.03. Such contract shall apply only to the work under consideration and shall require competitive bids on all purchases in excess of$1,000. However, the contract for the Flori­da Statutes shall be let by the committee upon re­ceipt of competitive bids as provided ins. 11.242(6).

(2) The Secretary of the Senate and the Clerk of the House of Representatives may order envelopes, stationery, miscellaneous forms, records, memoran­dum pads, and the like without competitive bids upon a determination by either that a genuine emer­gency exists in his respective house so that any delay incident to the taking of bids would be detrimental to the efficient operation of the Legislative Depart­ment.

1(3) In order to preserve test security, a contract let for the development of tests and related materi­als by the Department of Education pursuant to s. 229.57, s. 231.17, or s. 232.246 may include the print­ing of such tests.

History.-s. 5, ch. 3699, 1887; RS 483; GS 655; s. 1, ch. 6207, 1911; RGS 1305; CGL 1981; s. 1, ch. 14824, 1931; s. 1, ch. 18064, 1937; s. 1, ch. 59-319; s. 1, ch. 65-417; s. 9, ch. 67-472; s. 8, ch. 69-94; ss. 22, 35, ch. 69-106; s. 80, ch. 71-377; s. 16, ch. 72-178; s. 1, ch. 76-71; s. 2, ch. 78-145; s. 3, ch. 79-135; s. 13, ch. 80-325; ss. 3, 5, ch. 80-392.

'Note.-Section 3, ch. 80·392, provides that, if ch. 231 is repealed in accord­ance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-392 shall also be repealed on the same date as is therein provided.

CHAPTER 286

PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS

286.0105 Notices of meetings and hearings must advise that a record is required to ap­peal.

286.0105 Notices of meetings and hearings must advise that a record is required to appeal. -Each board, commission, or agency of this state or of any political subdivision thereof shall include in

the notice of any meeting or hearing, ifnotice ofthe meeting or hearing is required, of such board, com­mission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or com~ission with re­spect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Hlstory.-s. 1, ch. 80-150.

CHAPTER 287

DEPARTMENT OF GENERAL SERVICES; DUTIES

PART I PURCHASING

PART III COMMUNICATIONS SYSTEMS AND SERVICES

PART I

PURCHASING

287.012 Definitions. 287.032 Purpose of division. 287.042 Powers, duties, and functions. 287.057 Procurement of contractual services. 287.062 Competitive bids, when required; excep-

tion; deferred-payment purchases. 287.114 Duties of the Auditor General. 287.115 Comptroller; quarterly reports.

1287.012 Definitions.-The following defini­tions shall apply in part I of chapter 287:

(1) "Agency" means any of the various state offi­cers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organi­zation, however designated, of the executive branch of state government.

(2) "Commodity" means any of the various sup­plies, materials, goods, merchandise, class B print­ing, equipment, and other personal property pur­chased, leased, or otherwise contracted for by the state and its agencies. However, commodities pur­chased for resale except class B printing are exclud­ed from this definition.

(3) "Contractual service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. Such services may include, but are not limited to, evaluations; con­sultations; maintenance; research and development studies or reports on the findings of consultants en­gaged thereunder; and professional, technical, and social services and shall apply only to those services rendered by individuals and firms who are indepen­dent contractors and not performing the duties of an authorized position.

341

s. 287.012 1980 SUPPLEMENT TO FLORIDA STATUTES 19'79 s. 287.042

(4) "Division" means the Division of Purchasing of the Department of General Services.

Hlstory.'--8. 22, ch. 69-106; s. 1, ch. 80-374. 'Note.-As amended, effective July 1, 1981.

287.032 Purpose of division.-It shall be the purpose of the Division of Purchasing:

(1) To promote efficiency, economy, and the con­servation of energy and to effect coordination in the purchase of commodities for the state; and .

(2) To provide overall direction of contractual service procurement policies, rules, procedures, and forms by making as consistent as possible the con­tractual service procurement processes of the vari­ous agencies.

Hlstory.-s. 22, ch: 69-106;· s. 8, ch. 69-82; s. 1, ch. 76-29; s. 1, ch. 77-316; s. 2, ch. 80-374.

1287.042 Powers, duties, ·and functions.-The division shall-have the following powers, duties, and functions:

(1) To canvass all sources of supply and contract for the purchase, lease, or acquisition in any man­ner, including purchase by installment sales or lease-purchase contracts which may provide for the payment of interest on unpaid portions of the pur­chase price, of all commodities required by the state government or any of its agencies under competitive bidding or by contractual negotiation. Any contract providing for deferred payments and the payment of interest shall be subject to specific rules adopted by the division.

(2) To plan and coordinate purchases in volume and to negotiate and execute purchasing agreements and contracts under which the division shall require state agencies to purchase commodities and under which a county, municipality, or other local public agency may purchase commodities. Purchases by any county, municipality, or other local public agen­cy under the provisions in the state purchasing· con­tracts shall be exempt from the competitive bid re­quirements otherwise applying to their purchases.

(3) To have general supervision, through the state agencies, of all storerooms and stores operated by the agencies; to provide for transfer or exchange of commodities among all state agencies and the sale of all commodities which-are surplus, obsolete, or unused; and to have supervision ofinventories of all commodities belonging to the state agencies. The du­ties imposed by this section shall not relieve any state agency from accountability for commodities under its control.

( 4) To establish a system of coordinated, uniform procurement policies, procedures, and practices which will require agencies to acquire contractual services utilizing competitive procurement methods to the maximum extent practicable. Such methods shall include, but not be limited to, adequate public notice requirements and procedures for the evalua­tion of all potential contractual service providers, including such factors as capabilities, past record, and experience and such factors a8 may be deter­mined by the division to be applicable to particular requirements. However, this section shall not apply in the following cases: ·

(a) If the head of any state agency maintains that an emergency exists in regard to the procurement of

any contractuai service, so that delay through the use of competitive procurement methods would be detrimental to the interests of the state, then the head of such agency shall file with 'the division and the office of the Auditor General a statement under oath certifying such conditions and circumstances.

(b) Contractual services available only from a single source may be excepted upon the filing of a certification of conditions and circumstances with the division and the office of the Auditor General by the head of any agency if, subsequent thereto, the division authorizes the exception in writing. · (c) Contracts for legal services. (5) To prescribe the methods of securing bids OJ

negotiating and awarding commodity and service contracts, unless o.therwise provided by law.

(6) To prescribe specific-commodities and quanti­ties to be purchased locally.

(7) To govern the purchase by any agency of any commodity; to establish standards and specifications for any commodity; and to set the maximum fair prices that shall be paid for any commodity.

(8) To establish definitions and classes of con­tractual services and .procedures for acquiring them. The authority ofthe division under this section shall not be construed to impair or interfere with the de­termination by state agencies 2of their need for, or their use. of, services including particular specifica-tions. .

(9) To furnish copies of.any commodity purchas­ing and contractual service rules to the Comptroller and all agencies affected thereby. Thereafter, no agency shall purchase any commodity covered by purchasing rules without prior approval of the divi­sion. The Comptroller shall not approve any account or direct any payment of any account for, the pur­chase of any commodity or the procurement of any contractual service covered by a purchasing or con­tractual service rule except as authorized therein. The division shall furnish copies of rules adopted by the division to any county, municipality, or other local public agency requesting them.

(10) To require that every agency furnish infor­mation relative to its commodity purchases and methods of purchasing commodities to the division.

(11) To prepare statistical data concerning the method of procurement, terms, usage, and disposi­tion of contractual services by state agencies. All such affected agencies shall furnish such informa­tion for this purpose as the division may call for on such forms or in such manner as the division may prescribe.

(12) To establish and maintain programs for the purpose of disseminating information to govern­ment, industry, educational institutions, and the general · public concerning policies, procedures, rules, and forms for the procurement of contractual services.

(13) Except as otherwise provided herein, to adopt rules necessary to carry out the purposes of this section, including the authority to delegate to any state agency any and all of the responsibility conferred by this section, retaining to the division any and all authority for supervision thereof. Such purchasing of commodities and procurement of con­tractual services by state agencies shall be in strict

342

s. 287.042 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 287.115

accordance with the rules and procedures prescribed by the Department of General Services.

History.-s. 22, ch. 69·106; s. 1, ch. 70-150; s. 1, ch. 79-92; s. 3, ch. 80-374. 'Note.-As amended, effective July 1, 1981. 'Note.-The word "or• was substituted for "or" by the editors to correct an

apparent typographical error.

1287.057 P~ocurement of contractual ser­vices.-

(1) No procurement of contractual services shall be made by the state or any agency thereof, except:

(a) Services procured by the Legislature. (b) Services the procurement of which is evi­

denced by a yvritten agreement embodying all provi­sions and conditions of the procurement of such ser­vices and executed prior to the rendering of any con­tractual service under the agreement except in cases of valid emergencies certified by the agency head.

(c) Medicaid services delivered to an eligible Medicaid recipient by a health-care provider who has not previously applied for and received a Medi­caid provider number from the Department of Health and Rehabilitative Services. This exception shall be valid for a period not to exceed 90 days after the date of delivery of service to the Medicaid recipi­ent, and shall not be renewed by the department.

(2) The written agreement shall include, but not be limited to, a provision that bills for fees or other compensation. for services or expenses submitted for contractual services shall be submitted in detail suf­ficient for a proper preaudit and postaudit thereof and that bills for any travel expenses shall be sub­mitted and paid in accordance with the rates speci­fied ins. 112.061 governing payments by the state for travel expenses. .

(3) When the price of a contractual service is less than $2,500, an agency may enter into a contract for such service employing procurement procedures set forth in rules promulgated by that agency. In the event that the combined price for more than one contractual .service procured from a single firm or individual is' equal to or lower than the total of the lowest separate prices for each contractual service, the combined price shall be accepted by the agency.

(4) In the event that no bids for contractual ser­vices are received utilizing the contract procure­ment methods described ins. 287.042(4), the agency may negotiate on the best terms and conditions.

(5) Nothing in this section shall affect the validi­ty or effect of any contract in existence on October 1, 1980.

HiStory.-s. 1; ch. 78-4; s. 2, ch 80-206; s. 4, ch. 80-374. 'Note.'-As amended by ch. 80-374, effective July 1, 1981.

287.062 Competitive bids, when required; ex­ception; deferred-payment purchases.-

(!) No purchase of commodities may be made when the purchase price thereof is in excess of $2,-500 unless made upon competitive bids received, ex-

chase of insurance, the period of coverage of such insurance shall not exceed a period of 30 days; and all such emergency purchases shall be reported to the head of the Department of General Services.

(b) Purchasing agreements, contracts, and maxi­mum price regulations executed by the division are excepted from bid requirements. .

(c) Commodities available only from a smgle source may be excepted from the bid requirements upon the filing by the head of an agency of a certifi­cation of conditions and circumstances with the divi­sion if, subsequent thereto, the division authorizes the exception in writing. .

(d) When it is in the best interest of the state, the head of the Department of General Services may authorize the division director to purchase insur­ance by negotiation, but this shall be done only un­der conditions most favorable ~o the public interest and upon a showing that said PU:rchase shall ;result in the lowest ultimate cost for the coverage obtained.

(2)(a) When any contract requix:es deferred pay­ments and the payment of interest, .such contract shall be submitted to the Comptrollez:ofthe state for the purpose of preaudit review and approval prior to acceptance by the state. The Comptroller shall adopt rules for the purpose of this subsection. Annually, on or before February 1, the Comptroller shall submit to the presiding officer of each house of the Legisla­ture a report containing a summary of each such contract approved or rejected during the previous calendar year. The report shall contain, for each con­tract, a description of the commodity or commodi­ties, the name of the acquiring agency, the name of the vendor, and pertinent financial terms of the con. tract.

1(b) Contracts executed pursuant to this subsec­tion shall bear interest at a rate not to exceed an average net interest-cost rate which shall be comput­ed by adding 150 basis points to the 20 "bond-buyer" Average Yield Index published immedi~tely !?reced­ing the first day of the calendar month m whteh t~e contract is submitted to the Comptroller for preaud1t review and approval.

1(3) In the event that no bids for commodity pur­chases are received, the division may negotiate on the best terms and conditions. ·

History.-s: 22, ch. 69-106; s. 1, ch. 78-109; s. 2, ch. 79-92; s. 5, ch. 80-374. 'Note.-Effective July 1, 1981.

1287.114 Duties oOhe Auditor General.-The Auditor General shall make an annual performance audit of and report on the Division of Purch~~ng and submit such report to the Legislative Aud1bng Committee within 60 days after the affected agency has responded to the findings of the audit. .

Hlstory.-s. 6, ch. 80-374. 'Note.-Effective July 1, 1981.

cept: 1287.115 Comptroller; quarterly reports.-(a) If the head of any state agency shall maintain The Comptroller shall submit to the office of the

that an emergency exists in regard to the purchase Auditor General, on a quarterly basis, a report on of any commodity, so that the delay incident to giv- those contractual service contracts disallowed pur­ing opportunity for competitive bidding would be suant to s. 287.042(9), which shall include, but not be detrimental to the interests of the state, then the limited to, the name of the user agency, the name of head of such agency shall file with the division a the firm or individual from which the contractual statement under oath certifying the conditions and service was to be acquired, a description of the con­circumstances. In the case of the emergency pur- tractual service, the financial terms of the contract,

343

s. 287.115 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 !i· 288.011

and the reason for rejection. Sixty days prior to the beginning of each legislative session, the Comptrol­ler shall submit a compilation of the four preceding quarterly reports to the President of the Senate and the Speaker of the House of Representatives.

History.-s. 6, ch. 80-374. 'Note.-Effective July 1, 1981.

PART III

COMMUNICATIONS SYSTEMS AND SERVICES

287.272 Additional duties of the division.

287.272 Additional duties of the division.­The Division of Communications shall provide a means whereby mental health district boards and those nonprofit community mental health agencies and alcohol treatment programs or facilities with whom they contract to provide services pursuant to chapters 394 and 396 may utilize the state communi­cations system upon· such terms and under such con­ditions as the division may establish.

History.-s. 1, ch. 80-107.

CHAPTER 288

COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS

288.011

288.Q12 288.03 288.06

288.063 288.105

288.115

288.34 288.342 288.39 288.601 288.602 288.603 288.604 288.605

288.606 288.607

288.608

288.609

Department of Commerce; travel and en-tertainment expenses.

Department of Commerce; foreign offices. Powers and duties of division. Division of Economic Development; power

to contract. Contracts for transportation projects. Economic Development Advisory Commit­

tee. Department of Commerce; membership

dues; presentments for outstanding ser­vice.

Division of Tourism; powers and duties. Tourism Promotional Trust Fund. Assistance to small businesses. Short title. Legislative findings. Policy and purpose. Definitions. Community Development Support and As-

sistance Fund. · Eligibility for assistance. . ·· Community development corporation sup­

port program. Community development deferred pay­

ment loan program. Authority of the department.

1288.011 Department of Commerce; travel and entertainment expenses.-

(!) As used in this section: (a) "Business client" means any person, other

than a state official or state employee, who receives

the services of, or is the subject of solicitation by, representatives of the Department of Commerce in connection with the performance of its statutory du­ties, including purch;:tsers or prospective purchasers of Florida products; persons or representatives of firms considering or being solicited for investment in the state; persons or representatives of firms consid­ering or being solicited for location, relocation, or expansion of a business within the state; and busi­ness, financial, or travel writers, tour b:r:okers, travel agents, and other persons connected with the tourist industry.

(b) "Entertainment expenses" means the actual, necessary, and reasonable costs of providing hospi­tality for business clients or guests, which costs are defined and prescribed by rules adopted by the De­partment of Commerce, subject to approval by the Comptroller. ·

(c) "Guest" means a person, other than a state official or state employee, authorized by the Secre­tary of the Department of Commerce or his designee to receive the hospitality of the Department of Com­merce in connection with the performance of its stat­utory duties.

(d) "Travel expenses" means the actual, neces­sary, and reasonable costs of transportation, meals, lodging, and incidental expenses normally incurred by a traveler, which costs are defined and prescribed by rules adopted by the Department of Commerce, subject to approval by the Comptroller.

(2) Notwithstanding the provisions ofs. 112.061, the Department of Commerce shall adopt rules by which it may make expenditures by advancement or reimbursement, or a combination thereof, to state officers and state employees; by which it may reim­burse business clients, guests, and authorized per­sons as defined in s. 112.061(2)(e); and by which it may make direct payments to third-party vendors:

(a) For travel expenses of business clients, guests, and authorized persons as defined in s. 112.061(2)(e) incurred by the Department of Com­merce in connection with the performance of its stat­utory duties, and for travel expenses incurred by state officials and state employees.while accompany­ing business clients or guests or when authorized by the Secretary of the Department of Commerce or his designee.

(b) For entertainment expenses of guests, .busi­ness clients, and authorized persons as defined in s. 112.061(2)(e) incurred by the Department of Com­merce in connection with the performance of its stat­utory duties, and for entertainment expenses in­curred for state officials and state employees when such expenses are incurred while in the physical presence of business clients or guests.

The rules shall be subject to approval by the Comp­troller prior to promulgation. The rules shall require the submission of paid receipts, or other proof pre­scribed by the Comptroller, with any claim for reim­bursement and shall require, as a condition for any advancement, an agreement to submit paid receipts or other proof and to refund any unused portion of the advancement within 15 days after the expense is incurred or, if the advancement is made in -connec­tion with travel, within 15 days after completion of

344

s. 288.011 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 288.03

the travel. However, with respect to an advancement made solely for travel expenses, the rules may allow paid receipts or other proof to be submitted, and any unused portion of the advancement to be refunded, within 30 days after completion of the travel. Opera­tional or promotional advancements, as defined in s. 288.35(4), obtained pursuant to this section shall not be commingled with any other state funds.

(3) An annual report shall be made to the Legis­lature not l~ter than December 30 of each year for the previous fiscal year, which report shall consist of a synopsis concisely summarizing entertainment and incidental expenses incurred within the United States and all travel, entertainment, and incidental expenses incurred outside the United States.

(4) Any claim submitted under this section shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this section shall contain a state­ment that the expenses were actually incurred as necessary travel or entertainment expenses in the performance of official duties of the Department of Commerce and shall be verified by written declara­tion that it is true and correct as to every material matter. Any person who willfully makes and sub­scribes to any such claim which he does not believe to be true and correct as to every material matter or who willfully aids or assists in, or procures, counsels, or advises, the preparation or presentation of a claim pursuant to this section, which claim is fraudulent or false as to any material matter, whether or not such falsity or fraud is with the knowledge or con­sent of the person authorized or required to present such claim, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Whoever receives an advance­ment or reimbursement by means of a false claim is civilly liable, in the amount of the overpayment, for the reimbursement of the public fund from which the claim was paid.

History.-s. 1, ch. 80·224. 'Note.-Effective January 1, 1981, except that, if rules to implement the

provisions of this act have not been approved by the Comptroller and adopted by the Department of Commerce prior to January 1, 1981, this act shall take effect July 1, 1981.

288.012 Department of Commerce; foreign of­fices.-

(1) The Department of Commerce is authorized to:

(a) Establish and operate offices in foreign coun­tries in the execution of its responsibilities for pro­moting the development of tourism and the econom­ic development of the state.

(b) Enter into agreements necessary to establish and operate an office in a foreign country containing provisions which may be in conflict with general laws ofthe state pertaining to the purchase of office space and contracts for services. When agreements pursuant to this section are made which set compen­sation in foreign currency, such agreements shall be subject to requirements of s. 215.425, but the pur­chase offoreign currency by the department to meet such obligations shall be subject only to s. 216.311.

(2) The department, in connection with the es­tablishment, operation, and management of any of its offices located in a foreign country, is exempt

from the provisions ofss. 255.21, 255.25, and 255.254 relating to leasing of buildings; ss. 283.01, 283.03, and 283.10 relating to bids for printing; and ss. 287.012-287.29 relating to purchasing, motor vehi­cles, and communications if the laws, administrative code, or business practices or customs of the foreign country, or political or administrative subdivision thereof, in which such office is located are in conflict with those sections.

(a) The department may exercise such exemp­tions only upon prior approval of the Governor.

(b) If approval for an exemption under this sec­tion is granted as an integral part of a plan of opera­tion for a specified foreign office, such action shall constitute continuing authority for the department to exercise the exemption, but only in the context and upon the terms originally granted. Any modifi­cation ofthe approved plan of operation with respect to an exemption contained therein must be resub­mitted to the Governor for his approval. An approval granted to exercise an exemption in any other con­text shall be restricted to the specific instance for which the exemption is to be exercised.

(c) As used in this subsection, the term "plan of operation" means a compilation of the specific poli­cies and procedures encompassing the entire scope of the operation and management of an . office estab­lished by the department in a foreign country.

(d) Upon final action by the Governor with re­spect to a request to exercise the exemption author­ized in this subsection, the department shall report such action, along with the original request and any modifications thereto, to the President of the Senate and Speaker of the House within 30 days.

History.-s. 1, ch. 80·401.

288.03 Powers and duties of division.-The general purposes ofthe Division of Economic Devel­opment of the Department of Commerce shall be to guide, stimulate, and promote the coordinated, effi­cient, and beneficial development of the state and its regions, counties, and municipalities in accordance with present and future needs and resources and the requirements of the prosperity, convenience, com­fort, health, safety, and general welfare of the people of the state. For the accomplishment of such pur­poses, the division shall have the power and authori­ty to:

(1) Create and build Florida industries. (2) Promote commerce and the sale of Florida

products. (3) Encourage employment for Florida citizens. (4) Raise the earning level of Florida's citizens. (5) In order to promote and develop business, ag-

riculture, industry, commerce, and employment for citizens of the state, plan and conduct a campaign of information, advertising, and publicity relating to the business, industrial, commercial, agricultural, educational, transportation, and residential . facili­ties, advantages, and products of the state and all parts thereof.

(6) Disseminate any such information pertaining to Florida by:

(a) Preparing and circulating motion pictures. (b) Preparing, purchasing, and distributing by

mail or other means of advertising, literature, and other material, including exhibits.

345

s. 288.03 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 288.03

(c) Although not specifically detailed but never­theless included in such media, promoting and en­couraging of, and, if necessary, contributing to, the happening and the holding of events arid activities within the state, including follow-up contacts by per­sonnel of the division within or without the state which in the judgment of the division will beneficial­ly publicize the state in furtherance of the purposes, powers, and duties of the division as prescribed in this chapter.

(7) Encourage and cooperate with other public and private organizations or groups in their efforts to publicize the agricultural and· industrial advan­tages of the state, including the establishment of, and expenditure for, a program of cooperative adver­tising with such public and private organizations or groups in accordance with rules promulgated by the division pursuant to chapter 120.

(8) Plan and carry out programs designed to en­large imd improve trade with other states and with foreign countries, and particularly with countries in the Western Hemisphere. ·

(9) Study and recommend annually to the Gover­nor and the Legislature, by January 15, such actions or measures as are necessary or desirable to remove barriers to free and advantageous flow of commerce and to relieve' restrictions or burdens imposed by law or otherwise which adversely retard or affect · the legitimate expansion and development of commerce and industry. ·

(10) Encourage research designed to further new and more extensive uses of the natural and other resources of the state, with a view to th~ develop­ment of new products and industrial processes.

(11) Promote and encourage the expansion and development of markets for Florida products.

(12) Serve as a clearinghouse for research, plan­ning, and programs to relieve the industrial prob­lems of the state.

(13) Investigate and 'study ·conditions affecting Florida business, industry, and commerce; collect and disseminate information; and encourage techni­cal studies, scientific investigations, statistical re­search, and educational activities necessary or use­ful for the proper execution of the powers and duties of the Division of Economic Development.

(14) Plan and develop an effective business infor­mation service that will directly assist Florida indus­try and also encourage industries outside the state to use business facilities within the state.

(15) Compile, collect, and periodically make available scientific indexes and other information relating to current business conditions.

(16) Study long-range trends and .developments in the industries of the state and analyze the reasons underlying such trends; study costs and other factors affecting successful operation of businesses within the state; and make an annual report to the Gover­nor and to the Legislature, by January 15, including recommendations for the improvement of any condi­tions, and for the elimination of any restrictions or burdens imposed by law, or otherwise existing, which adversely affect or retard legitimate develop­ment and expansion of business, industry, agricul­ture, and commerce.

(17) Upon request of the Governor, inquire into

and report to him concerning any program of public state improvements and the fmancing thereof.

(18) Advise, assist, and cooperate with munici­pal, county, regional, metropolitan area, and other local planning and development agencies within the state in preparing plans and programs for physical and economic development of such areas.

(19) In accordance and compliance with any fed­eral law or regulation now enacted or hereafter to be enacted, act as the official agency of the atate to work with federal agencies in matters affecting any pur­pose as to which the Legislature has not designated another state officer, board, bureau, commission, de­partment, or agency in ·relation thereto; state, re­gional, county, metropolitan area or municipal plan­ning, planning or construction of public works, ur­ban redevelopment, and other matters concerning the acquisition, planning, construction, develop­ment, financing, control, improvement, or distribu­tion of lands, buildings, structures, facilities, goods or services in the interest of the public, or for public purposes, or involving the expenditure of public funds, and act as the official agency of the state in connection with the grant or advance of any federal or other funds or credits to the state or through the state to its local governing bodies, in compliance with any such federal law. ·

(20) Accept, and expend, without the necessity of appropriation by the Legislature, any gift or grant of money made to the division for any or all of the purposes specified in 'this section.

1(21) Provide, arrange, and make expenditures for transportation, lodging, meals, and other reason­able and necessary iteq:1s and services for such neces­sary persons as determined by the head of the de­partment or his designated representative, in con~ nection with the performance of promotional and other duties of the division; however, entertainrriimt expenses shall be authorized only when meeting with business prospects, potential prospects, pur­chasers of Florida exports, potential purchasers of Florida exports, and foreign governmental dignitar­ies defined in subsection (23). All expenditures in excess of $10 made pursuant to this section shall be substantiated by paid bills therefor. Complete and detailed justification for all expenditures made pur­suant to this section shall be shown on the travel expense voucher or attached thereto. Transporta­tion and incidental expenses, other than those pro­vided in s. 112.061, shall only be authorized for offi­cers and employees of the state, other authorized persons, and business prospects when traveling pur­suant to subsection (23). All other transportation and incidental expenses pursuant to this section shall be as provided in s. 112.061. Operational or promotional advancements, as defined in s. 288.35(4), obtained pursuant to this section, shall not be commingled with any other funds. Any unused operational, promotional, or other funds advanced pursuant to this section shall be refunded promptly within 5 work days after completion of the travel period. · · ·

1(22) Pay by advancement or reimbursement, or a combination thereof, th~ costs of per diem of officers and employees of the state and other authorized per­sons, for foreign travel at the current rates as speci-

346

s. 288.03 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 288.063

fhid in the federal publication "Standardized Regu­lations (Government Civilians, Foreign Areas)," and incidental expenses as provided in s. 112.061(8). The provisions of this subsection shall apply for any state officer or employee traveling in foreign countries for the purpose of promoting economic development of the state, if such travel expenses are approved and certified by the agency head from whose funds the traveler is paid. As used in this subsection, the term "authorized person" shall have the same meaning as provided in s. 112.061(2)(e). With the exception of provisions concerning rates of payment for per diem, the provisions ofs.112.061 are applicable to the trav­el described in this subsection. As used in this sub­section, "foreign travel" means all travel outside the United States. Persons traveling in foreign countries pursuant to this section shall not be entitled to reim­bursements · or advancements pursuant to s. ll2.061(6)(a)2.

1(23) Pay by advancement or reimbursement, or by a combination thereof, the actual reasonable and necessary costs of meals, lodging, and incidental ex­penses of officers and employees of the state and other authorized persons 2when meeting with a busi­ness prospect of the state, purchaser of Florida ex­ports, or foreign governmental dignitaries. Further­more, when actually traveling with a business pros­pect or purchaser of Florida exports or foreign gov­ernmental dignitaries, the actual cost of transporta­tion is allowable. As used in this subsection, "busi­ness prospect" means any· person or representative of a firm actively considering the location or reloca­tion of a business within the state. With the excep­tion of provisions concerning rates of payment, the provisions of s. 112.06!. are applicable to the travel described in this subsection.

(24) Annually prepare a list, for the calendar year, of new companies locating in the state, existing companies expanding operations in the state, compa­nies moving operations out of the state, companies halting operations for bankruptcy or other reasons, and companies of 100 employees or more involved in layoffs of at least 15 percent of their full-time em­ployees. This list is to be submitted to the Governor and to the Legislature by February 15 of each year. Each listing shall include, but not be limited to, the company's:

(a) Standard Industrial Code or subcategory. (b) Location in Florida. (c) Investment, in dollars. (d) Number of employees and the increase or de­

crease in S\lCh number, if. applicable. (e) Type business and services offered or prod­

ucts produced, sold, etc., if applicable. (f) In the case of new companies locating in the

state and companies moving operations out of the state, the reasons the company took such action.

(25) Charge and cqllect registration fees at any conference, seminar, 4or other meeting conducted in furtherance of the duties, powers, and purposes of the division. Such fees shall be deposited in the State Treasury and restored to the expense appropriation of the division and shall be disbursed exclusively for the reasonable and necessary expenses of the confer­ence, seminar, or meeting for which they were col­lected. Any funds collected pursuant to this subsec-

tion which remain unexpended after the expenses of the conference, seminar, or meeting have be.en paid shall be deposited into the General Revenue Fund, unallocated.

(26) Subject tothe concurrence of the Treasurer, deposit sufficient state funds in a foreign bank, or purchase foreign currency at the current market rate, for the purpose of paying for salaries, expenses, promotional activities, and other services and mate­rial rendered in connection with the operation of division offices outside the United States or in the conduct of any statutory duties by the division out­side the United States. The amount of state funds deposited in any foreign bank, or the amount of for­eign currency bought, for the operation·of any single office, or any division promotional activity, outside the United States shall not exceed .at any time an amount equal to 25 per-cent of the annual budget of such division offices. All payments from these funds must have prior audit approval from the office ofthe Comptroller.

(27) Make grants of funds in accordance with this section pursuant to appropriations for such grants made by the Legislature.

3(28) Promulgate rules for the purpose of entering into contracts which are primarily for promotional and advertising services. Such rules shall include the authority to negotiate costs with the offerors of such services who have been determined to be quali­fied on the basis of technical merit, creative ability, and professional competency.

History.-s. 3, ch. 29788, 1955; s. 1, ch. 65-8; s. 2, ch. 65-173; ss. 1, 3, ch. 65-178; ss. 17, 35, ch. 69-106; s. 82, ch. 71-355; s. 1, ch. 73-283; _s. 1, ch. 74-230; s. 1, ch. 76-202; s. 1, ch. 77-18; s. 1, ch. 77-174; s. 1, ch. 78-184; s. 1, ch. '78-375; s. 1, ch. 80-209; s. 2, ch. 80-224; s. 9, ch. 80-374.

'Note.-Repealed by s. 2, ch. 80-224, effective January 1, 1981, but if rules to implement the provisions of ch. 80-224 have not been approved by the Comptroller and adopted by the Department of Commerce prior to that·date, ch. 80-224 will take effect July 1, 1981.

2Note.-The words uwhen meeting" were inserted by the editors to correct an apparent error in engrossing House Amendment 3 to S.B. 1357 (ch. 78-375). See 1978 Senate Journal, .p. 778. _ 'Note.-As created by s. 9, ch. 80-374, effective July 1, 1981. •Note.-The word "or" was s':'bstituted for "and" by the editors.

288.06 Division of Economic Development; power to contract.-In the performance of its du­ties, the Division of -Economic Development of the Department of Commerce is empowered and author­ized to make and enter into contracts and to assume such other functions as are necessary to carry out the provisions of this chapter that are not inconsist­ent with this or other laws.

History.-s. 6, ch. 29788, 1955; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 1, ch. 77-174; s. 2, ch. 80,209.

288.063 Contracts for transportation projects.-

( I) The Division of Economic Development is au­thorized to make expenditures and enter into con­tracts for transportation projects with the Depart­ment of Transportation.

(2) Any contract with the Department of Trans­portation for construction of any transportation project, executed by the Division of Economic Devel­opment, shall:

(a) Specify and identify the transportation project to be constructed.

(b) Require that the Department of Transporta­tion award the particular transportation project to the lowest and best bidder in accordance with appli-

34.7

s. 288.063 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 288.34

cable state and federal statutes or regulations. (c) R-equire that the Department of Transporta­

tion provide the division with copies of subcontrac­tors' progress reports, copies of all progress pay­ments made to subcontractors for work in connec­tion with such transportation projects, and any change orders executed by the department with sub­contractors and payments made pursuant thereto. In addition, the Department ofTransportation, upon completion and acceptance of the transportation project, shall make certification to the division that the project has been completed in compliance with the terms and conditions of the agreements between the department and the subcontractors.

(d) Require thatthe Division of Economic Devel­opment transfer funds for each transportation project to the Department of Transportation when the construction contract is awarded by the depart­ment to the lowest and best bidder.

(e) Require that the governing board of the ap­propriate local government body agree by resolution to accept future maintenance and other attendant costs occurring after completion of the transporta­tion project if the project is construction on a county or municipal system.

(3) With respect to any contracts executed pursu­ant to this section, "transportation project" means roads, as defined ins. 334.021(4)(b), which are neces­sary in the judgment of the Division of Economic Development to facilitate the economic development and growth of the state.

(4) The Division of Economic Development shall promulgate rules pursuant to chapter 120 setting forth the criteria by which transportation projects are to be specified and identified.

History.-s. 7, ch. 80-209.

288.105 Economic Development Advisory Committee.-[Repealed by s. 1, ch. 80-210.]

288.115 Department of Commerce; member­ship dues; presentments for outstanding ser­vice.-The Department of Commerce may incur ex­penses for membership dues of departmental em­ployees in associations and other organizations affil­iated with commerce and_ for presentment of plaques, framed certificates, or other items, not ex­ceeding $100 for such other items, expressing appre­ciation to persons who are not state of Florida public employees for outstanding and meritorious service to the tourist industry or economic development of the state. This section shall not delete authority of the department to make reasonable and necessary expenditures for promotional items pursuant to s. 288.03(21) or s. 288.34(1).

History.-s. 1, ch. 80-200.

288.34 Division of Tourism; powers and du­ties.-

(1) The general purposes of the Division of Tour­ism of the Department of Commerce shall be to guide, stimulate, and promote the coordinated, effi­cient, and beneficial travel and leisure development of the state and its regions, counties, and municipal­ities in accordance with present and future needs and resources and the requirements of the prosperi­ty, convenience, comfort, health, safety, and general

welfare of the people of the state. For the accom­plishment of such purposes, the division shall have the power and authority to:

(a) Create and build Florida tourism. (b) Encourage employment for state citizens. (c)l. Encourage visitors from other states and

other countries to come to Florida. 2. Manage and otherwise coordinate its activities

and functions of visitors' centers and welcome sta­tions within the state.

3. Provide services and information designed to inform tourists and other visitors concerning Flori­da's many tourist and visitor attractions and to dis­seminate any such information by means of com­monly used media within the state.

(d) Plan and conduct campaigns of information, advertising, and publicity relating to the recreation­al, scenic, historic, and transportation facilities and attractions of the state and all parts thereof and disseminate such information pertaining to Florida through and by means of the following media:

1. Newspaper advertising outside and inside the state;

2. Magazine advertising in magazines of state and national circulation;

3. Outdoor advertising outside and inside the state;

4. Radio and television advertising over stations outside and inside the state or networks extending outside the state;

5. Preparation and circulation of motion pic­tures;

6. Preparation, purchase, and distribution by mail, or by other means, of advertising, literature, and other material, including exhibits; and, al­though not specifically detailed but nevertheless in­cluded in such media, the promotion and encourage­ment of, and, if necessary, the contribution to, the happening and the holding of events and activities within and without the state, including follow-up contacts by personnel of the division within or with­out the state, which in the judgment of the division will beneficially publicize the state in furtherance of the purposes, powers, and duties of the division as prescribed in this section.

(e) Assist in carrying out any program of infor­mation, special events, and publicity designed to at­tract Florida tourists, visitors, and other interested persons from outside the state.

(f) Encourage and cooperate with other public and private organizations or groups in their efforts to publicize the attractions and vacation advantages of the state, including the establishment of and ex­penditure for a program of cooperative advertising with such public and private organizations and groups in accordance with rules promulgated by the division pursuant to chapter 120.

(g) Promote and encourage conventions, sporting events, and other special events.

'(h) Provide, arrange, and make expenditures for transportation, lodging, meals, and other reasonable and necessary items and services for such persons as the division deems proper, in connection with the performance of the promotional and other duties of the division; however;entertainment expenses shall be authorized only when meeting with travel writ-

348

s. 288.34 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 288.34

ers, tour brokers, or others connected with the tour­ist industry. All expenditures in excess of $10 made pursuant to this section shall be substantiated by paid bills therefor. Complete and detailed justifica­tion for all expenditures made -pursuant to this sec­tion shall be shown on the expense voucher or at­tached thereto. Transportation and incidental ex­penses, other than those provided ins. 112.061, shall only be authorized for officers and employees of the state and other authorized persons when traveling pursuant to paragraph (l). Operational or promo­tional advancements, as defined in s. 288.35(4), ob­tained pursuant to this section, shall not be commin­gled with any other funds.

(i) Charge and collect a reasonable fee equal to the approximate cost to the state for researching or compiling information or handling charges, publica­tions, materials, or services which, in its judgment, should not be furnished gratis to those requesting the information, research, handling, material, publi­cation, or other services. Any amounts of money re­ceived by the division from such sources shall be restored to the appropriations of the division and otherwise made available for its use in the perform­ance of its duties, powers, and purposes.

(j) Charge and collect registration fees at confer­ences, seminars, and other meetings conducted in furtherance of the duties, powers, and purposes of the division. Such fees shall be deposited in the State Treasury and restored to the expense appropriation of the division and shall be disbursed exclusively for the reasonable and necessary expenses of the confer­ence, seminar, or meeting for which they were col­lected. Any funds collected pursuant to this para­graph which remain unexpended after the expenses of the conference, seminar, or meeting have been paid shall be deposited. into the General Revenue Fund, unallocated.

1(k) Pay by advancement or reimbursement, or by a combination thereof, the costs of per diem, and incidental· expenses of officers and employees of the state and other authorized persons for foreign travel at the current rates as specified in the federal publi­cation "Standardized Regulations (Government Ci­vilians, Foreign Areas)." As used in this paragraph, the term "authorized person" shall have the same meaning as provided in s. 112.061(2)(e). With the ex­ception of provisions concerning rates of payment for .costs of per diem, the provisions ofs. 112.061 are applicable to the travel described in this paragraph. As used in this paragraph, "foreign travel" means all travel outside the United States. All transporta­tion and incidental expenses pursuant to this section shall be as provided in s. 112.061. Persons traveling in foreign countries pursuant to this section shall not be entitled to advancements or reimbursements pursuant to s. 112.061(6)(a)2.

1(1) Pay by advancement or reimbursement, or by a combination thereof, the actual reasonable and necessary costs of travel, meals, lodging, and inci­dental expenses of officers and employees of the state and other authorized persons when meeting with travel writers, tour brokers, or others connect­ed with the tourist industry, and while attending or traveling in connection with travel or trade shows. With the exception of provisions concerning rates of

payment, the provisions of s. 112.061 are applicable to the travel described in this paragraph.

(m) Subject to the concurrence of the Treasurer, deposit sufficient state funds in a foreign bank, or purchase foreign currency at the current market rate, for the purpose of paying for salaries, expenses, promotional activities, and other services and mate­rial rendered in connection with the operation of division offices outside the United States or in the conduct of any statutory duties by the division out­side the United States. The amount of state funds deposited in any foreign bank, or the amount of for­eign currency bought, for the operation of any single office or any division promotional activity outside the United States shall not exceed at any time an amount equal to 25 percent of the annual budget of such division offices. All payments from such funds must have prior audit approval from the office of the Comptroller.

(2) In the performance of its duties, the division is empowered and authorized to make and enter into contracts and to assume such other functions as are necessary to carry out the provisions of this section that are not inconsistent with this or other laws.

(3) The division is authorized to encourage the organization of advisory boards or committees among interested groups of citizens. Such boards or committees shall advise the division as to its work, and it shall, as far as practicable, cooperate with such advisory boards or committees to secure the active aid thereof in the accomplishment of the aims and fulfillment of the duties of the division.

(4) The Division of Tourism, upon receipt of a declaration, petition, resolution, certified copy of an ordinance, or other clear directions from a communi­ty, board of county commissioners, municipality, county, city, specified region or area of the state, or other governmental or quasi-governmental agency whose substantial interests are affected that remov­al of motorist services directional signs, as defined in s. 479.01(18), from specific defined areas would cause a substantial economic hardship in such defined areas, shall forward such declaration, resolution, or finding, together with such supportive information as is available and a certification by the Division of Tourism that such removal would, in fact, cause a substantial economic hardship in a specific defined area, to the Department of Transportation for trans­mittal to the United States Secretary of Transporta­tion for approval as provided in 23 U.S.C. s. 131(o).

(5) The division is authorized to make grants of funds in accordance with this section pursuant to appropriations for such grants made by the legisla­ture.

2(6~ The division shall promulgate rules for the purpose of entering into contracts which are primar­ily for promotional and advertising services. Such rules shall include the authority to negotiate costs with offerors of such services who have been deter­mined to be qualified on the basis of technical merit, creative ability, and professional competency.

History.-s. 2, ch. 74-230; s. 2, ch. 75-276; s. 2, ch. 77-18; s. 3, ch. 77-110; s. 4, ch. 78-8; s. 2, ch. 78-375; s. 118, ch. 79-400; s. 3, ch. 80-209; s. 2, ch. 80-224; s. 9, ch. 80-374.

'Note.-Repealed by s. 2, ch. 80-224, effective January 1, 1981, but if rules to implement the provisions of ch. 80-224 have not been approved by the Comptroller and adopted by the Department of Commerce prior to that date, ch. 80-224 will take effect July 1, 1981.

'Note.-Subsection (6), as created by s. 9, ch. 80-374, effective July 1, 1981.

349

s. 288.342 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 288.39

288.342 Tourism Promotional Trust Fund.­(1) There is created within the Division of Tour­

ism the Tourism Promotional Trust Fund. (2) The division is empowered to purchase and

hold for resale promotional items and products, the proceeds from the sale of which shall be deposited in the Tourism Promotional Trust Fund. As used ·in this subsection, "promotional products and items" means beverages and foodstuffs commonly distribut­ed from vending machines and literature ofan infor­mational or promotional nature.

(3) Moneys deposited in the Tourism-Promotion­al Trust Fund shall only be used to support the au­thorized activities and operations of the division, in­cluding, but not limited to, the purchase of addition­al promotional items and products.

History.-s. 1, ch. 80-234.

288.39 Assistance to small businesses.-(!) SHORT TITLE.-This section may be cited as

the "Small Business Assistance Act." (2) LEGISLATIVE PURPOSE.-The purpose of

this section is to promote the establishii_lent, preser­vation, and strengthening of small businesses in this state by: · . (a) Promoting and coordinating activities of fec;l­

eral, state, and local ·governments and of business and trade associations, universitie.s, foundations, professional organizations, and similar groups, which activities are of benefit to small businesses.

(b) Providing technical and managerial assis­tance to small businesses.

(c) Encouraging state agencies and persons un­der contract with state agencies to contract with small businesses for commodities and services.

(3) DUTIES OF THE DIVISION OF ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE.-The Division of Economic Develop­ment of the Department of Commerce shall establish and administer programs to:

(a) Provide a system for the development, collec­tion, summarization, and dissemination of informa­tion helpful to any person in establishing or operat­ing a small business, including information on:

1. Identification and development of new busi-ness opportunities.

2. Feasibility studies. 3. Market research. 4. The 'operation, management, and financing of

small businesses. . 5. Programs of federal, state, and local govern­

mental agencies which benefit small businesses. (b) Assist and counsel small businesses on: 1. How to deal with federal, state, or local gov­

ernmental agencies. 2. How t'o meet federal, state, or local regulation. 3. Policies of federal, state, and local govern­

ments relating to procurement and disposal of gov­ernment property and government cont.racts.

(c) Receive complaints and suggestions concern­ing policies and activities of federal, state, and local governmental agencies which affect small busi­nesses; develop, in cooperation with the agency, pro­posals for changes in policies or activities to alleviate any unnecessary adverse effects to small businesses; and work with the agency in implementing the changes.

(d) Conduct studies, workshops, and seminars dealing with small businesses.

(4) ANNUAL REPORTS.-On March 1 of each year, beginning with March 1, 1978, the Division of Economic Development of the Department of Com­merce shall make a written report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with respect to the imple­mentation of this section. The report shall contain information on: '

(a) The establishment and administration of the information system, including:

1. The information available. 2. How the information is disseminated. 3. The number and types of small businesses

which have used the information system and . what percentage the number using the system represents of the total number of small businesses in the state.

(b) The types of assistance and counseling that are available to small businesses from the depart­ment and contract agents; the number and types of businesses which have requested assistance or coun­seling, whether or not the assistance or counseling requested was provided, and, if such assistance or counseling was provided, the nature of the assis­tance or counseling; and what percentage the num­ber of businesses assisted or counseled represents of the total number of small businesses in the state.

(c)·· The complaints and suggestions received by the department or contract agents and any changes in policies which have been·developed or implement­ed to alleviate unnecessary adverse effects to small businesses.

(d) How the appropriations to carry out this sec­tion were spent and will be spent for the remainder of the current fiscal year.

(e) Plans and specific objectives to be ·accom­plished by the department in the next fiscal year to further the purpose of this section. Except for the first report required by this section, each report shall contain information on whether or not the plans and specific objectives of the department were accomplished. . _

(f) Recommended amendments' to this .section. (g) The budget for the next fiscal year. (5) COOPERATION WITH FEDERAL AGEN­

CIES.-The Division of Economic Development of the Department of Commerce, with the approval of the Legislature, shall cooperate with any federal agency which. offers any program that is Of benefit to small businesses and that is consistent with the pur­pose and the programs of this section.

'(6) SMALL BUSINESS ADVISORY COUN­CIL.-

(a) There is created within the Division of Eco­nomic Development a Small Business Advisory Council, which shall serve in an advisory capacity to the division.

(b) The council shall be composed of 10 members who are representatives of small businesses. The members of the council shall be appointed by the Governor for 2-year terms, except that.5 of the initial members shall be appointed for 1-year terms. Mem-bers may be reappointed. .

(c) Members ·of the council shall serve .without compensation, but shall be reimbursed for traveling

350