The Florida Senate

1001.705  Responsibility for the State University System under s. 7, Art. IX of the State Constitution; legislative finding and intent.--

(1)  LEGISLATIVE FINDINGS.--

(a)  Definitions.--For purposes of this act, the term:

1.  "Board of Governors" as it relates to the State University System and as used in s. 7, Art. IX of the State Constitution and Title XLVIII and other sections of the Florida Statutes is the Board of Governors of the State University System which belongs to and is part of the executive branch of state government.

2.  "Institutions of higher learning" as used in the State Constitution and the Florida Statutes includes publicly funded state universities.

3.  "Public officer" as used in the Florida Statutes includes members of the Board of Governors.

4.  "State university" or "state universities" as used in the State Constitution and the Florida Statutes are agencies of the state which belong to and are part of the executive branch of state government. This definition of state universities as state agencies is only for the purposes of the delineation of constitutional lines of authority. Statutory exemptions for state universities from statutory provisions relating to state agencies that are in effect on the effective date of this act remain in effect and are not repealed by virtue of this definition of state universities.

(b)  Constitutional duties of the Board of Governors of the State University System.--In accordance with s. 7, Art. IX of the State Constitution, the Board of Governors of the State University System has the duty to operate, regulate, control, and be fully responsible for the management of the whole publicly funded State University System and the board, or the board's designee, has responsibility for:

1.  Defining the distinctive mission of each constituent university.

2.  Defining the articulation of each constituent university in conjunction with the Legislature's authority over the public schools and community colleges.

3.  Ensuring the well-planned coordination and operation of the State University System.

4.  Avoiding wasteful duplication of facilities or programs within the State University System.

5.  Accounting for expenditure of funds appropriated by the Legislature for the State University System as provided by law.

6.  Submitting a budget request for legislative appropriations for the institutions under the supervision of the board as provided by law.

7.  Adopting strategic plans for the State University System and each constituent university.

8.  Approving, reviewing, and terminating degree programs of the State University System.

9.  Governing admissions to the state universities.

10.  Serving as the public employer to all public employees of state universities for collective bargaining purposes.

11.  Establishing a personnel system for all state university employees; however, the Department of Management Services shall retain authority over state university employees for programs established in ss. 110.123, 110.1232, 110.1234, 110.1238, and 110.161, and in chapters 121, 122, and 238.

12.  Complying with, and enforcing for institutions under the board's jurisdiction, all applicable local, state, and federal laws.

(c)  Constitutional duties of the Legislature.--In accordance with s. 3, Art. II of the State Constitution, which establishes the separation of powers of three branches of government; s. 1, Art. III of the State Constitution, which vests the legislative power of the state in the Legislature; s. 8, Art. III of the State Constitution, which provides the exclusive executive veto power of the Governor and the exclusive veto override power of the Legislature; s. 19, Art. III of the State Constitution, which requires the Legislature to enact state planning and budget processes and requirements for budget requests by general law; s. 1, Art. VII of the State Constitution, which requires that the authority to expend state funds be by general law enacted by the Legislature; and s. 1, Art. IX of the State Constitution, which requires the Legislature to make adequate provision by law for the "establishment, maintenance, and operation of institutions of higher learning," the Legislature has the following responsibilities:

1.  Making provision by law for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.

2.  Appropriating all state funds through the General Appropriations Act or other law.

3.  Establishing tuition and fees.

4.  Establishing policies relating to merit and need-based student financial aid.

5.  Establishing policies relating to expenditure of, accountability for, and management of funds appropriated by the Legislature or revenues authorized by the Legislature. This includes, but is not limited to, policies relating to: budgeting; deposit of funds; investments; accounting; purchasing, procurement, and contracting; insurance; audits; maintenance and construction of facilities; property; bond financing; leasing; and information reporting.

6.  Maintaining the actuarial and fiscal soundness of centrally administered state systems by requiring state universities to continue to participate in programs such as the Florida Retirement System, the state group health insurance programs, the state telecommunications and data network (SUNCOM), and the state casualty insurance program.

7.  Establishing and regulating the use of state powers and protections, including, but not limited to, eminent domain, certified law enforcement, and sovereign immunity.

8.  Establishing policies relating to the health, safety, and welfare of students, employees, and the public while present on the campuses of institutions of higher learning.

(2)  LEGISLATIVE INTENT.--It is the intent of the Legislature to reenact laws relating to the Board of Governors of the State University System, the university boards of trustees, the State Board of Education, and the postsecondary education system in accordance with the findings of this act.

History.--s. 1, ch. 2005-285.