Senate Bill 1808

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    Florida Senate - 2000                                  SB 1808

    By Senators Sullivan, King, Dawson, Holzendorf, Klein, Horne,
    Dyer, Kirkpatrick, Casas and Cowin




    22-796-00

  1                      A bill to be entitled

  2         An act relating to student governments;

  3         amending s. 240.235, F.S.; defining the term

  4         "consultation," for purposes of establishing

  5         certain student fees; requiring certain

  6         information to be included in a fee proposal;

  7         revising requirements for modifying fees;

  8         creating s. 240.236, F.S.; providing for a

  9         student government at each state university and

10         providing minimum requirements for such

11         governments; amending s. 240.295, F.S.;

12         defining the term "consultation," with respect

13         to submission of capital outlay projects for

14         Board of Regents' approval; requiring certain

15         information to be included in a project

16         proposal; amending s. 240.531, F.S., relating

17         to educational research centers for child

18         development; revising terminology to conform to

19         changes made by the bill; repealing s. 240.136,

20         F.S., relating to suspension and removal from

21         office of elected student government officials;

22         providing an effective date.

23

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

25

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

27  Statutes, is amended to read:

28         240.235  Fees.--

29         (1)  Each university may is authorized to establish

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

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

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    Florida Senate - 2000                                  SB 1808
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  1  component parts of the registration and tuition fees and shall

  2  be retained by the university and paid into the separate

  3  activity and service, health, and athletic funds. For the

  4  purposes of this section, "consultation" is defined as an

  5  ongoing and documented dialogue with the student body

  6  president following any recommendation by a fee committee and

  7  before approval of any proposal for modification of any fee.

  8  An attachment containing the names and affiliations of all

  9  committee members, whether student, faculty, staff, or other;

10  containing any objection or alternative to a modification of a

11  fee as formulated by the student government; and stating that

12  the university president and the student government have

13  reviewed the proposal shall be included in each proposal.

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

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

16  university.  The university president may also establish a

17  student activity and service fee on any branch campus or

18  center.  Any subsequent modification increase in the activity

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

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

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

22  committee shall be appointed by the university president.  A

23  chairperson, appointed jointly by the university president and

24  the student body president, shall vote only in the case of a

25  tie.  The recommendations of the committee shall take effect

26  only after approval by the university president, after

27  consultation with the student body president, with final

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

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

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

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    Florida Senate - 2000                                  SB 1808
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  1  Regents is responsible for promulgating the rules and

  2  timetables necessary to implement this fee.

  3         2.  The student activity and service fees shall be

  4  expended for lawful purposes to benefit the student body in

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

  6  be limited to, student publications and grants to duly

  7  recognized student organizations, the membership of which is

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

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

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

11  student-government-sponsored

12  student-government-association-sponsored concerts.  The

13  allocation and expenditure of the fund shall be determined by

14  the student government association of the university, except

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

16  portion thereof within the budget when submitted by the

17  student government association legislative body.  The

18  university president shall have 15 school days from the date

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

20  expenditure recommendations, which shall be deemed approved if

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

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

23  government association legislative body shall within 15 school

24  days make new budget recommendations for expenditure of the

25  vetoed portion of the fund.  If the university president

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

27  revisions, the university president may reallocate by line

28  item that vetoed portion to bond obligations guaranteed by

29  activity and service fees. Unexpended funds and undisbursed

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

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

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    Florida Senate - 2000                                  SB 1808
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  1  be available for allocation and expenditure during the next

  2  fiscal year.

  3         (b)  Each university president shall establish a

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

  5  university president may also establish a student health fee

  6  on any branch campus or center. Any subsequent modification

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

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

  9  the student body president. The remainder of the committee

10  shall be appointed by the university president.  A

11  chairperson, appointed jointly by the university president and

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

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

14  only after approval by the university president, after

15  consultation with the student body president, with final

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

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

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

19  is responsible for promulgating the rules and timetables

20  necessary to implement this fee.

21         (c)  Each university president shall establish a

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

23  The university president may also establish a separate

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

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

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

27  activity and service fee contributed to intercollegiate

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

29  240.533.  Concurrently with the establishment of the athletic

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

31  reduction equal to the initial aggregate athletic fee. Any

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    Florida Senate - 2000                                  SB 1808
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  1  subsequent modification increase in the athletic fee must be

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

  3  whom are students appointed by the student body president.

  4  The remainder of the committee shall be appointed by the

  5  university president.  A chairperson, appointed jointly by the

  6  university president and the student body president, shall

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

  8  committee shall take effect only after approval by the

  9  university president, after consultation with the student body

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

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

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

13  Board of Regents is responsible for adopting promulgating the

14  rules and timetables necessary to implement this fee.

15         Section 2.  Section 240.236, Florida Statutes, is

16  created to read:

17         240.236  University student governments.--

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

19  student government that shall be organized and maintained by

20  students as the official representative of the student body.

21  Each student government shall be composed of at least a

22  student body president and a student legislative body, both to

23  be elected by the student body. Interim vacancies may be

24  filled in a manner other than election, as prescribed by the

25  student government. Each student government may adopt internal

26  procedures governing:

27         (a)  The operation and administration of the student

28  government.

29         (b)  The election, appointment, removal, and discipline

30  of officers of the student government.

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    Florida Senate - 2000                                  SB 1808
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  1         (c)  The execution of all other duties as prescribed to

  2  the student government by law.

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

  4  state university may be removed from office by the majority

  5  vote of students participating in a referendum held pursuant

  6  to this section. The student government shall develop a

  7  procedure for students to petition for a referendum to remove

  8  an elected officer of the student government from office. The

  9  grounds for removal of a student government officer by

10  petition are limited to the following, and they must be

11  expressly contained in the petition: malfeasance, misfeasance,

12  neglect of duty, incompetence, permanent inability to perform

13  official duties, and conviction of a felony. The referendum

14  must be held no more than 60 days after the petition is filed.

15         (3)  The student government shall develop procedures

16  providing for the suspension and removal of an elected officer

17  following that officer's conviction of a felony.

18         (4)  The internal procedures adopted by the student

19  government under this section are subject to final approval by

20  the university president.

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

22  Statutes, is amended to read:

23         240.295  State University System; authorization for

24  fixed capital outlay projects.--

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

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

27  Capital Improvement Trust Fund fees or building fees may shall

28  be submitted to the Board of Regents for approval without

29  prior consultation with the student government association of

30  that university. For the purposes of this subsection,

31  "consultation" is defined as an ongoing and documented

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    Florida Senate - 2000                                  SB 1808
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  1  dialogue with the student body president regarding each

  2  proposed project, which shall begin before developing the

  3  university proposal. An attachment containing any objection or

  4  alternative formulated by the student government, and stating

  5  that the university president and the student government have

  6  reviewed the project or projects proposed, shall be included

  7  in the proposal. The Board of Regents shall adopt promulgate

  8  rules that which are consistent with this requirement.

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

10  240.531, Florida Statutes, are amended to read:

11         240.531  Establishment of educational research centers

12  for child development.--

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

14  student government association of any university within the

15  State University System may establish an educational research

16  center for child development in accordance with the provisions

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

18  center established to provide care for the children of

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

20  staff and employees of the university and to provide an

21  opportunity for interested schools or departments of the

22  university to conduct educational research programs and

23  establish internship programs within such centers.  Whenever

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

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

26  selected by the board of directors of the center.

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

28  educational research center for child development, consisting

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

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

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

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    Florida Senate - 2000                                  SB 1808
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  1  her designee, and one parent for each 50 children enrolled in

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

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

  4  nonvoting member of the board.  The board shall establish

  5  local policies and perform local oversight and operational

  6  guidance for the center.

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

  8  directed to promulgate rules governing for the establishment,

  9  operation, and supervision of educational research centers for

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

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

12  and participation in the operation of centers by the

13  appropriate student governments government associations;

14  guidelines for the establishment of an intern program in each

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

16  from grants and other sources of funds consistent with

17  existing laws.

18         Section 5.  Section 240.136, Florida Statutes, is

19  repealed.

20         Section 6.  This act shall take effect July 1, 2000.

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22            *****************************************

23                          SENATE SUMMARY

24    Defines the term "consultation," as it is used in
      relation to the setting of student fees and approval of
25    capital outlay projects to be submitted to the Board of
      Regents for the board's approval. Requires the
26    establishment of a student government at each state
      university and provides minimum requirements for those
27    governments. Revises provisions relating to removal of
      elected student government officials from office.
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