House Bill 1981

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1999                HB 1981

        By the Committee on Colleges & Universities and
    Representatives Betancourt, J. Miller, Waters and Bense





  1                      A bill to be entitled

  2         An act relating to university student

  3         governments and state universities; amending s.

  4         240.235, F.S.; defining "consultation" for

  5         purposes of establishing student fees;

  6         providing requirements regarding the

  7         recommendations of fee committees; creating s.

  8         240.236, F.S., relating to university student

  9         governments; requiring the establishment of a

10         student government at each state university;

11         authorizing each student government to adopt

12         certain internal procedures; requiring the

13         adoption of certain procedures; providing for

14         the university president to have responsibility

15         for the student government and final approval

16         authority for internal procedures adopted

17         according to this section; amending s. 240.295,

18         F.S.; defining "consultation" for purposes of

19         approval of state university capital outlay

20         projects; amending s. 240.531, F.S., relating

21         to the establishment of educational research

22         centers for child development; revising

23         terminology; repealing s. 240.136, F.S.,

24         relating to suspension and removal from office

25         of elected student government officials;

26         providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsection (1) of section 240.235, Florida

31  Statutes, 1998 Supplement, is amended to read:

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1         240.235  Fees.--

  2         (1)  Each university may is authorized to establish

  3  separate activity and service, health, and athletic fees.

  4  When duly established, these the fees shall be collected as

  5  component parts of the registration and tuition fees and shall

  6  be retained by the university and paid into the separate

  7  activity and service, health, and athletic funds.

  8         (a)1.  Each university president shall establish a

  9  student activity and service fee on the main campus of the

10  university.  The university president may also establish a

11  student activity and service fee on any branch campus or

12  center.  Any subsequent modification increase in the activity

13  and service fee must be recommended by an activity and service

14  fee committee, at least one-half of whom are students

15  appointed by the student body president.  The remainder of the

16  committee shall be appointed by the university president.  A

17  chairperson, appointed jointly by the university president and

18  the student body president, may shall vote only in the case of

19  a tie.  The recommendations of the committee shall take effect

20  only after approval by the university president, after

21  consultation with the student body president, with final

22  approval by the Board of Regents.  An increase in the activity

23  and service fee may occur only once each fiscal year and must

24  be implemented beginning with the fall term. The Board of

25  Regents is responsible for promulgating the rules and

26  timetables necessary to implement this fee.

27         2.  The student activity and service fees shall be

28  expended for lawful purposes to benefit the student body in

29  general.  These purposes This shall include, but are shall not

30  be limited to, student publications and grants to duly

31  recognized student organizations, the membership of which is

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1  open to all students at the university without regard to race,

  2  sex, or religion.  The fund may not benefit activities for

  3  which an admission fee is charged to students, except for

  4  student-government sponsored

  5  student-government-association-sponsored concerts.  The

  6  allocation and expenditure of the fund shall be determined by

  7  the student government association of the university, except

  8  that the president of the university may veto any line item or

  9  portion thereof within the budget when submitted by the

10  student government association legislative body.  The

11  university president shall have 15 school days from the date

12  of presentation of the budget to act on the allocation and

13  expenditure recommendations, which shall be deemed approved if

14  no action is taken within the 15 school days. If any line item

15  or portion thereof within the budget is vetoed, the student

16  government association legislative body shall within 15 school

17  days make new budget recommendations for expenditure of the

18  vetoed portion of the fund.  If the university president

19  vetoes any line item or portion thereof within the new budget

20  revisions, the university president may reallocate by line

21  item that vetoed portion to bond obligations guaranteed by

22  activity and service fees. Unexpended funds and undisbursed

23  funds remaining at the end of a fiscal year shall be carried

24  over and remain in the student activity and service fund and

25  be available for allocation and expenditure during the next

26  fiscal year.

27         (b)  Each university president shall establish a

28  student health fee on the main campus of the university.  The

29  university president may also establish a student health fee

30  on any branch campus or center. Any subsequent modification

31  increase in the health fee must be recommended by a health

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1  committee, at least one-half of whom are students appointed by

  2  the student body president. The remainder of the committee

  3  shall be appointed by the university president.  A

  4  chairperson, appointed jointly by the university president and

  5  the student body president, may shall vote only in the case of

  6  a tie.  The recommendations of the committee shall take effect

  7  only after approval by the university president, after

  8  consultation with the student body president, with final

  9  approval by the Board of Regents.  An increase in the health

10  fee may occur only once each fiscal year and must be

11  implemented beginning with the fall term. The Board of Regents

12  is responsible for promulgating the rules and timetables

13  necessary to implement this fee.

14         (c)  Each university president shall establish a

15  separate athletic fee on the main campus of the university.

16  The university president may also establish a separate

17  athletic fee on any branch campus or center.  The initial

18  aggregate athletic fee at each university shall be equal to,

19  but may be no greater than, the 1982-1983 per-credit-hour

20  activity and service fee contributed to intercollegiate

21  athletics, including women's athletics, as provided by s.

22  240.533.  Concurrently with the establishment of the athletic

23  fee, the activity and service fee shall experience a one-time

24  reduction equal to the initial aggregate athletic fee. Any

25  subsequent modification increase in the athletic fee must be

26  recommended by an athletic fee committee, at least one-half of

27  whom are students appointed by the student body president.

28  The remainder of the committee shall be appointed by the

29  university president.  A chairperson, appointed jointly by the

30  university president and the student body president, may shall

31  vote only in the case of a tie.  The recommendations of the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1  committee shall take effect only after approval by the

  2  university president, after consultation with the student body

  3  president, with final approval by the Board of Regents.  An

  4  increase in the athletic fee may occur only once each fiscal

  5  year and must be implemented beginning with the fall term. The

  6  Board of Regents is responsible for promulgating the rules and

  7  timetables necessary to implement this fee.

  8

  9  For purposes of this section, "consultation" means an ongoing

10  and documented dialogue with the student body president

11  following any recommendation by a fee committee, and prior to

12  approval of any proposal for modification of any fee.  An

13  attachment containing the names and affiliation of all

14  committee members (i.e., student, faculty, or staff, etc.),

15  any objections and alternatives to a modification of any fee

16  as formulated by the student government, and stating that the

17  university president and the student government have reviewed

18  the proposal, shall accompany the recommendation of any fee

19  committee.

20         Section 2.  Section 240.236, Florida Statutes, is

21  created to read:

22         240.236  University student governments.--

23         (1)  There is created at each state university a

24  student government that shall be organized and maintained by

25  students as the official representatives of the student body.

26  Each student government shall be composed of at least a

27  student body president and a student legislative body, who are

28  both to be elected by the student body.  Interim vacancies may

29  be filled in a manner other than election as prescribed by the

30  student government.  Each student government may adopt

31  internal procedures governing:

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1         (a)  The operation and administration of the student

  2  government.

  3         (b)  The election, appointment, and discipline of

  4  officers of the student government.

  5         (c)  The execution of all other duties as delegated to

  6  the student government by law.

  7         (2)  Any elected officer of the student government of a

  8  state university may be removed from office by the majority

  9  vote of students participating in a referendum held pursuant

10  to the provisions of this section.  The student government

11  shall develop a procedure for students to petition for a

12  referendum to remove an elected officer of the student

13  government from office.  The grounds for removal of a student

14  government officer by petition are limited to the following,

15  and must be expressly stated in the petition: malfeasance,

16  misfeasance, neglect of duty, incompetence, permanent

17  inability to perform official duties, and conviction of a

18  felony.  The referendum must be held no more than 60 days

19  after filing of the petition.

20         (3)  The student government shall develop procedures

21  providing for the suspension and removal of an elected officer

22  following the conviction of that officer for a felony.

23         (4)  The university president is responsible for the

24  operation and administration of the university, including

25  student government, and has final approval authority for

26  internal procedures adopted pursuant to this section.

27         Section 3.  Subsection (3) of section 240.295, Florida

28  Statutes, is amended to read:

29         240.295  State University System; authorization for

30  fixed capital outlay projects.--

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1         (3)  Other than those projects currently authorized, no

  2  project proposed by a university which is to be funded from

  3  Capital Improvement Trust Fund fees or building fees may shall

  4  be submitted to the Board of Regents for approval without

  5  prior consultation with the student government association of

  6  that university. For the purposes of this subsection,

  7  "consultation" is defined as an ongoing and documented

  8  dialogue with the student body president regarding each

  9  proposed project, which shall begin prior to developing the

10  university proposal.  An attachment containing any objections

11  and alternatives formulated by the student government, and

12  stating that the university president and the student

13  government have reviewed the project or projects proposed,

14  shall be included in the proposal. The Board of Regents shall

15  promulgate rules which are consistent with this requirement.

16         Section 4.  Subsections (1), (2), and (4) of section

17  240.531, Florida Statutes, are amended to read:

18         240.531  Establishment of educational research centers

19  for child development.--

20         (1)  Upon approval of the university president, the

21  student government association of any university within the

22  State University System may establish an educational research

23  center for child development in accordance with the provisions

24  of this section.  Each such center shall be a child day care

25  center established to provide care for the children of

26  students, both graduate and undergraduate, faculty, and other

27  staff and employees of the university and to provide an

28  opportunity for interested schools or departments of the

29  university to conduct educational research programs and

30  establish internship programs within such centers.  Whenever

31  possible, such center shall be located on the campus of the

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1  university.  There shall be a director of each center,

  2  selected by the board of directors of the center.

  3         (2)  There shall be a board of directors for each

  4  educational research center for child development, consisting

  5  of the president of the university or his or her designee, the

  6  student body government president or his or her designee, the

  7  chair of each department participating in the center or his or

  8  her designee, and one parent for each 50 children enrolled in

  9  the center, elected by the parents of children enrolled in the

10  center. The director of the center shall be an ex officio,

11  nonvoting member of the board.  The board shall establish

12  local policies and perform local oversight and operational

13  guidance for the center.

14         (4)  The Board of Regents shall adopt is authorized and

15  directed to promulgate rules governing for the establishment,

16  operation, and supervision of educational research centers for

17  child development. These Such rules shall include, but are

18  need not be limited to:  a defined method of establishment of

19  and participation in the operation of centers by the

20  appropriate student governments government associations;

21  guidelines for the establishment of an intern program in each

22  center; and guidelines for the receipt and monitoring of funds

23  from grants and other sources of funds consistent with

24  existing laws.

25         Section 5.  Section 240.136, Florida Statutes, 1998

26  Supplement, is repealed.

27         Section 6.  This act shall ake effect July 1, 1999.

28

29

30

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1981

    184-285-99






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Defines "consultation" for purposes of establishing
  4    student fees and for approval of state university capital
      outlay projects. Provides requirements regarding the
  5    recommendations of fee committees. Creates provisions
      relating to student governments. Revises terminology
  6    relating to student governments and student fees. Repeals
      provisions relating to the suspension and removal from
  7    office of student government officials.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  9