The Florida Senate

¹240.227  University presidents; powers and duties.--The president is the chief administrative officer of the university and is responsible for the operation and administration of the university. Each university president shall:

(1)  Have the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law governing the operation and administration of the university, which shall include the specific powers and duties enumerated in this section. Such rules shall be consistent with the mission of the university and statewide rules and policies and shall assist in the development of the university in a manner which will complement the missions and activities of the other universities for the overall purpose of achieving the highest quality of education for the citizens of the state.

(2)  Prepare a budget request to be transmitted to the Board of Regents. Such request shall be prepared in accordance with the fiscal policy guidelines, formats, and instructions prescribed by the Board of Regents.

(3)  Develop an operating budget.

(4)  Conduct ²biennially a space utilization study to support the university budget request for capital outlay.

(5)  Appoint university personnel and provide for the compensation and other conditions of employment such as recruitment, non-reappointment, benefits and hours of work, evaluation, recognition, inventions and works, learning opportunities, academic freedom and responsibility, promotion, assignment, demotion, transfer, tenure and permanent status, ethical obligations and conflicts of interest, restrictive covenants, disciplinary actions, complaints, appeals and grievance procedures, and separation and termination from employment, consistent with applicable law, collective bargaining agreements, and the Board of Regents rules.

(6)  Certify annually to the Board of Regents the actual classroom contact hours conducted by each faculty member.

(7)  Maintain all data and information pertaining to the operation of the university.

(8)  Govern admissions, subject to rules of the Board of Regents and as provided in s. 240.233.

(9)  Develop a program of continuing education and establish, pursuant to rules and guidelines adopted by the Board of Regents, fees for continuing education activities within the university service area when there is a demonstrated and justified need. The university is authorized to cooperate with any public utility, any other governmental entity or private individual, or any type of profit or nonprofit legal entity in connection with the establishment and operation of such a continuing education program, including the acceptance of money and other things of value.

(10)  Provide and coordinate credit and noncredit extension courses in all fields which the university considers necessary to improve and maintain the educational standards of the university service area.

(11)  Establish and maintain a personnel exchange program, by which persons employed within the university as instructional and research faculty and comparable administrative and professional staff may be exchanged with persons employed in like capacities by institutions of higher learning which are not under the jurisdiction of the university, by units of government either within or without this state, or by private industry. The salary and benefits of State University System and state personnel participating in the exchange program shall be continued during the period of time they participate in the exchange program, and such personnel shall be deemed to have no break in creditable or continuous state service or employment during the period of time in which they participate in the exchange program. The salary and benefits of persons participating in the personnel exchange program who are employed by institutions of higher learning which are not under the jurisdiction of the university, by units of government either within or without this state, or by private industry shall be paid by the originating employers of those participants. The duties and responsibilities of a person participating in the exchange program shall be the same as those of the person he or she replaces.

(12)  Approve and execute contracts for the acquisition of commodities, goods, equipment, services, leases of real and personal property, and construction to be rendered to or by the university, provided such contracts are made pursuant to rules of the Board of Regents, are for the implementation of approved programs of the university, and do not require expenditures in excess of $1 million. The acquisition may be made by installment or lease-purchase contract. Such contracts may provide for the payment of interest on the unpaid portion of the purchase price. Notwithstanding any other provisions of this subsection, university presidents shall comply with the provisions of s. 287.055 for the procurement of professional services and may approve and execute all contracts for planning, construction, and equipment for projects with building programs and construction budgets approved by the Board of Regents. For the purposes of a university president's contracting authority, a "continuing contract" for professional services under the provisions of s. 287.055 is one in which construction costs do not exceed $1 million or the fee for study activity does not exceed $100,000.

(13)  Use, maintain, protect, and control university-owned or university-controlled buildings and grounds, property and equipment, name, and trademarks and other proprietary marks, and the financial and other resources of the university. Such authority may include placing restrictions on commercial activity and on access to facilities, firearms, food, tobacco, alcoholic beverages, distribution of printed materials, animals, and sound. The authority vested in the university president under this subsection includes the authority to prioritize the use of university space, property, equipment, and resources and the authority to impose charges for the use of those items. Furthermore, each university president has the authority to adjust property records and dispose of state-owned tangible personal property in the university's custody in accordance with procedures established by the Board of Regents. Notwithstanding the provisions of s. 273.055(5), all moneys received from the disposition of state-owned tangible personal property shall be retained by the university and disbursed for the acquisition of tangible personal property and for all necessary operating expenditures. The university shall maintain records of the accounts into which such moneys are deposited.

(14)  Establish the internal academic calendar of the university within general guidelines of the Board of Regents.

(15)  Administer the university's program of intercollegiate athletics.

(16)  Recommend to the Board of Regents the establishment and termination of degree programs within the approved role and scope of the university.

(17)  Award degrees.

(18)  Supervise all construction contracts.

(19)  Recommend to the Board of Regents any fees applicable to the university and not otherwise prescribed by law.

(20)  Organize the university to efficiently and effectively achieve the goals of the university; however, any reorganization which increases the number of administrators or their level of compensation shall be reviewed and approved by the Board of Regents.

(21)  Review periodically the operations of the university in order to determine whether the rules and policies of the Board of Regents and the universities are being followed and to determine how effectively and efficiently the university is being administered.

(22)  Otherwise provide for the effective operation of the university in the achievement of the goals established for it in the strategic plan adopted by the Board of Regents.

(23)  Enter into agreements for student exchange programs which involve students at the university and students in institutions of higher learning, either within or without the state, which are not in the State University System. Such agreements may provide that the tuition and fees of a student who is enrolled in a university in the State University System and who is participating in an exchange program shall be paid to the state university during the period of time he or she is participating in the exchange program. Such agreements may also provide that the tuition and fees of a student who is enrolled in an institution which is not in the State University System and who is participating in an exchange program shall be paid to the nonstate institution in which he or she is enrolled.

(24)  Approve the internal procedures of student government and provide purchasing, contracting, and budgetary-review processes.

(25)  Provide for the use and protection of data and technology, including information systems, communication systems, computer hardware and software, and networks.

(26)  Ensure compliance with federal laws, regulations, and other requirements that are applicable to the university.

(27)  Each university president is authorized to adopt rules to implement the provisions of this section.

History.--s. 16, ch. 79-222; s. 9, ch. 81-193; s. 26, ch. 84-336; s. 6, ch. 85-68; ss. 6, 12, ch. 85-241; ss. 4, 34, ch. 86-145; s. 43, ch. 86-156; s. 6, ch. 89-381; s. 12, ch. 90-365; s. 6, ch. 93-242; s. 34, ch. 95-148; s. 15, ch. 95-243; s. 26, ch. 95-392; s. 11, ch. 98-65; s. 35, ch. 98-200; s. 7, ch. 99-252; s. 2, ch. 2000-215; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--Chapter 91-109 provides for a change from biennial to annual budgeting.