1997 Florida Code
TITLE XVI EDUCATION
Chapter 240 Postsecondary Education  
PART II STATE UNIVERSITY SYSTEM (ss. 240.2011-240.2996)
240.2601   State University System Facility Enhancement Challenge Grant Program.

240.2601  State University System Facility Enhancement Challenge Grant Program.--

(1)  The Legislature recognizes that the State University System does not have sufficient physical facilities to meet the current demands of its instructional and research programs. It further recognizes that, to strengthen and enhance the State University System, it is necessary to provide facilities in addition to those currently available from existing revenue sources. It further recognizes that there are sources of private support that, if matched with state support, can assist in constructing much-needed facilities and strengthen the commitment of citizens and organizations in promoting excellence throughout the state universities. Therefore, it is the intent of the Legislature to establish a trust fund to provide the opportunity for each state university to receive and match challenge grants for instructional and research-related capital facilities within the university.

(2)  There is hereby established the Alec P. Courtelis State University System Facility Enhancement Challenge Grant Program for the purpose of assisting the State University System build high priority instructional and research-related capital facilities, including common areas connecting such facilities. The associated foundations that serve the universities shall solicit gifts from private sources to provide matching funds for capital facilities. For the purposes of this act, private sources of funds shall not include any federal, state, or local government funds that a university may receive.

(3)  There is established the Alec P. Courtelis Capital Facilities Matching Trust Fund for the purpose of providing matching funds from private contributions for the development of high priority instructional and research-related capital facilities, including common areas connecting such facilities, within the State University System. The Legislature shall appropriate funds to be transferred to the trust fund. The Public Education Capital Outlay and Debt Service Trust Fund, Capital Improvement Trust Fund, Division of Sponsored Research Trust Fund, and Contracts and Grants Trust Fund shall not be used as the source of the state match for private contributions. All appropriated funds deposited into the trust fund shall be invested pursuant to the provisions of s. 18.125. Interest income accruing to that portion of the trust fund shall increase the total funds available for the challenge grant program. Interest income accruing from the private donations shall be returned to the participating foundation upon completion of the project. The Board of Regents shall administer the trust fund and all related construction activities.

(4)  No project shall be initiated unless all private funds for planning, construction, and equipping the facility have been received and deposited in the trust fund and the state's share for the minimum amount of funds needed to begin the project has been appropriated by the Legislature. The Legislature may appropriate the state's matching funds in one or more fiscal years for the planning, construction, and equipping of an eligible facility. However, these requirements shall not preclude the university from expending available funds from private sources to develop a prospectus, including preliminary architectural schematics and/or models, for use in its efforts to raise private funds for a facility. Additionally, any private sources of funds expended for this purpose are eligible for state matching funds should the project materialize as provided for in this section.

(5)  To be eligible to participate in the Alec P. Courtelis Capital Facilities Matching Trust Fund, a state university shall raise a contribution equal to one-half of the total cost of a facilities construction project from private nongovernmental sources which shall be matched by a state appropriation equal to the amount raised for a facilities construction project subject to the General Appropriations Act.

(6)  If the state's share of the required match is insufficient to meet the requirements of subsection (5), the university shall renegotiate the terms of the contribution with the donors. If the project is terminated, each private donation, plus accrued interest, reverts to the foundation for remittance to the donor.

(7)  By September 1 of each year, the Board of Regents shall transmit to the Legislature a list of projects which meet all eligibility requirements to participate in the Alec P. Courtelis Capital Facilities Matching Trust Fund and a budget request which includes the recommended schedule necessary to complete each project.

(8)  In order for a project to be eligible under this program, it must be included in the State University System 5-year Capital Improvement Plan and must receive prior approval from the Board of Regents and the Legislature.

(9)  No university's project shall be removed from the approved 3-year PECO priority list because of its successful participation in this program until approved by the Legislature and provided for in the General Appropriations Act. When such a project is completed and removed from the list, all other projects shall move up on the 3-year PECO priority list. A university shall not use PECO funds, including the Capital Improvement Trust Fund fee and the building fee, to complete a project under this section.

(10)  Any project funds that are unexpended after a project is completed shall revert to the Capital Facilities Matching Trust Fund. Fifty percent of such unexpended funds shall be reserved for the university which originally received the private contribution for the purpose of providing private matching funds for future facility construction projects as provided in this section. The balance of such unexpended funds shall be available to any state university for future facility construction projects conducted pursuant to this section.

(11)  The surveys, architectural plans, facility, and equipment shall be the property of the State of Florida. A facility constructed pursuant to this section may be named in honor of a donor at the option of the university and the Board of Regents. No facility shall be named after a living person without prior approval by the Legislature.

History.--s. 2, ch. 88-241; s. 11, ch. 90-302; s. 35, ch. 91-109; s. 36, ch. 94-230; s. 1, ch. 96-196.