(1) Each university shall maintain a minimum carry forward balance of at least 7 percent of its state operating budget. If a university fails to maintain a 7 percent balance in state operating funds, the university shall submit a plan to the Board of Governors to attain the 7 percent balance of state operating funds within the next fiscal year.
(2) Each university that retains a state operating fund carry forward balance in excess of the 7 percent minimum shall submit a spending plan for its excess carry forward balance. The spending plan shall be submitted to the university’s board of trustees for review, approval, or, if necessary, amendment by September 30, 2020, and each September 30 thereafter. The Board of Governors shall review, approve, and amend, if necessary, each university’s carry forward spending plan by November 15, 2020, and each November 15 thereafter.
(3) A university’s carry forward spending plan shall include the estimated cost per planned expenditure and a timeline for completion of the expenditure. Authorized expenditures in a carry forward spending plan may include:
(a) Commitment of funds to a public education capital outlay project for which an appropriation has previously been provided that requires additional funds for completion and which is included in the list required by s. 1001.706(12)(d);
(b) Completion of a renovation, repair, or maintenance project that is consistent with the provisions of s. 1013.64(1), up to $5 million per project and replacement of a minor facility that does not exceed 10,000 gross square feet in size up to $2 million;
(c) Completion of a remodeling or infrastructure project, including a project for a developmental research school, up to $10 million per project, if such project is survey recommended pursuant to s. 1013.31;
(d) Completion of a repair or replacement project necessary due to damage caused by a natural disaster for buildings included in the inventory required pursuant to s. 1013.31;
(e) Operating expenditures that support the university mission and that are nonrecurring;
(f) Any purpose specified by the board or in the General Appropriations Act; and
(g) A commitment of funds to a contingency reserve for expenses incurred as a result of a state of emergency declared by the Governor pursuant to s. 252.36.
(4) Annually, by September 30, the chief financial officer of each university shall certify the unexpended amount of funds appropriated to the university from the General Revenue Fund, the Educational Enhancement Trust Fund, and the Education/General Student and Other Fees Trust Fund as of June 30 of the previous fiscal year.
(5) A university may spend the minimum carryforward balance of 7 percent if a demonstrated emergency exists and the plan is approved by the university’s board of trustees and the Board of Governors.
History.—s. 640, ch. 2002-387; s. 15, ch. 2019-103; s. 184, ch. 2020-2; s. 16, ch. 2020-117.
Structure Florida Statutes
Title XLVIII - Early Learning-20 Education Code
Chapter 1011 - Planning and Budgeting
Part I - Preparation, Adoption, and Implementation of Budgets (Ss. 1011.01-1011.57)
Subpart C - Universities: Preparation,Adoption, and Implementation of Budgets
1011.40 - Budgets for universities.
1011.41 - University appropriations.
1011.4106 - Trust fund dissolution and local account appropriations.
1011.411 - Budgets for sponsored research at universities.
1011.42 - University depositories; deposits into and withdrawals from depositories.
1011.43 - Investment of university agency and activity funds; earnings used for scholarships.
1011.45 - End of year balance of funds.
1011.47 - Auxiliary enterprises; contracts, grants, and donations.
1011.48 - Establishment of educational research centers for child development.
1011.49 - Assent to Smith-Lever Act; university board of trustees authorized to receive grants.
1011.50 - Agricultural experiment stations; assent to Act of Congress; federal appropriation.
1011.51 - Independent postsecondary endowment grants.
1011.52 - Appropriation to first accredited medical school.
1011.521 - Appropriation to private colleges and universities.