Bill Text: FL S1348 | 2012 | Regular Session | Comm Sub

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Bill Title: Eminent Domain

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/HB 1037 -SJ 1402 [S1348 Detail]

Download: Florida-2012-S1348-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1348
       
       
       
       By the Committee on Education Pre-K - 12; and Senators Wise and
       Gaetz
       
       
       
       581-03361-12                                          20121348c1
    1                        A bill to be entitled                      
    2         An act relating to eminent domain; amending s.
    3         1002.36, F.S.; authorizing the Board of Trustees of
    4         the Florida School for the Deaf and the Blind to
    5         exercise the power of eminent domain after receiving
    6         approval from the Administration Commission; providing
    7         an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (e) of subsection (4) of section
   12  1002.36, Florida Statutes, is amended to read:
   13         1002.36 Florida School for the Deaf and the Blind.—
   14         (4) BOARD OF TRUSTEES.—
   15         (e) The board of trustees is invested with full power and
   16  authority to:
   17         1. Appoint a president, faculty, teachers, and other
   18  employees and remove the same as in its judgment may be best and
   19  fix their compensation.
   20         2. Procure professional services, such as medical, mental
   21  health, architectural, and engineering.
   22         3. Procure legal services without the prior written
   23  approval of the Attorney General.
   24         4. Determine eligibility of students and procedure for
   25  admission.
   26         5. Provide for the students of the school necessary
   27  bedding, clothing, food, and medical attendance and such other
   28  things as may be proper for the health and comfort of the
   29  students without cost to their parents, except that the board of
   30  trustees may set tuition and other fees for nonresidents.
   31         6. Provide for the proper keeping of accounts and records
   32  and for budgeting of funds.
   33         7. Enter into contracts.
   34         8. Sue and be sued.
   35         9. Secure public liability insurance.
   36         10. Do and perform every other matter or thing requisite to
   37  the proper management, maintenance, support, and control of the
   38  school at the highest efficiency economically possible, the
   39  board of trustees taking into consideration the purposes of the
   40  establishment.
   41         11. Receive gifts, donations, and bequests of money or
   42  property, real or personal, tangible or intangible, from any
   43  person, firm, corporation, or other legal entity. However, the
   44  board of trustees may not obligate the state to any expenditure
   45  or policy that is not specifically authorized by law. If the
   46  bill of sale, will, trust indenture, deed, or other legal
   47  conveyance specifies terms and conditions concerning the use of
   48  such money or property, the board of trustees shall observe such
   49  terms and conditions.
   50         12. Deposit outside the State Treasury such moneys as are
   51  received as gifts, donations, or bequests and may disburse and
   52  expend such moneys, upon its own warrant, for the use and
   53  benefit of the Florida School for the Deaf and the Blind and its
   54  students, as the board of trustees deems to be in the best
   55  interest of the school and its students. Such money or property
   56  does shall not constitute and may not or be considered a part of
   57  any legislative appropriation.
   58         13. Sell or convey by bill of sale, deed, or other legal
   59  instrument any property, real or personal, received as a gift,
   60  donation, or bequest, upon such terms and conditions as the
   61  board of trustees deems to be in the best interest of the school
   62  and its students.
   63         14. Invest such moneys in securities enumerated under s.
   64  215.47(1), (2)(c), (3), (4), and (10), and in The Common Fund,
   65  an Investment Management Fund exclusively for nonprofit
   66  educational institutions.
   67         15. After receiving approval from the Administration
   68  Commission, exercise the power of eminent domain in the manner
   69  provided in chapter 73 or chapter 74.
   70         Section 2. This act shall take effect July 1, 2012.