House Bill 0643
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    Florida House of Representatives - 2000                 HB 643
        By Representatives Casey, Cosgrove, Wasserman Schultz,
    Betancourt, Waters, Henriquez, L. Miller, Crist, Murman,
    Maygarden, Sublette, Turnbull, Lawson, J. Miller and Wise
  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 final approval
15         authority for internal procedures adopted
16         according to this section; amending s. 240.295,
17         F.S.; defining "consultation" for purposes of
18         approval of state university capital outlay
19         projects; amending s. 240.531, F.S., relating
20         to the establishment of educational research
21         centers for child development; revising
22         terminology; repealing s. 240.136, F.S.,
23         relating to suspension and removal from office
24         of elected student government officials;
25         providing an effective date.
26
27  Be It Enacted by the Legislature of the State of Florida:
28
29         Section 1.  Subsection (1) of section 240.235, Florida
30  Statutes, is amended to read:
31         240.235  Fees.--
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    Florida House of Representatives - 2000                 HB 643
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  1         (1)  Each university may is authorized to establish
  2  separate activity and service, health, and athletic fees.
  3  When duly established, these the fees shall be collected as
  4  component parts of the registration and tuition fees and shall
  5  be retained by the university and paid into the separate
  6  activity and service, health, and athletic funds.
  7         (a)1.  Each university president shall establish a
  8  student activity and service fee on the main campus of the
  9  university.  The university president may also establish a
10  student activity and service fee on any branch campus or
11  center.  Any subsequent modifications increase in the activity
12  and service fee must be recommended by an activity and service
13  fee committee, at least one-half of whom are students
14  appointed by the student body president.  The remainder of the
15  committee shall be appointed by the university president.  A
16  chairperson, appointed jointly by the university president and
17  the student body president, may shall vote only in the case of
18  a tie.  The recommendations of the committee shall take effect
19  only after approval by the university president, after
20  consultation with the student body president, with final
21  approval by the Board of Regents.  An increase in the activity
22  and service fee may occur only once each fiscal year and must
23  be implemented beginning with the fall term. The Board of
24  Regents is responsible for adopting promulgating the rules and
25  timetables necessary to implement this fee.
26         2.  The student activity and service fees shall be
27  expended for lawful purposes to benefit the student body in
28  general.  These purposes This shall include, but are shall not
29  be limited to, student publications and grants to duly
30  recognized student organizations, the membership of which is
31  open to all students at the university without regard to race,
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    Florida House of Representatives - 2000                 HB 643
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  1  sex, or religion.  The fund may not benefit activities for
  2  which an admission fee is charged to students, except for
  3  student-government-sponsored
  4  student-government-association-sponsored concerts.  The
  5  allocation and expenditure of the fund shall be determined by
  6  the student government association of the university, except
  7  that the president of the university may veto any line item or
  8  portion thereof within the budget when submitted by the
  9  student government association legislative body.  The
10  university president shall have 15 school days from the date
11  of presentation of the budget to act on the allocation and
12  expenditure recommendations, which shall be deemed approved if
13  no action is taken within the 15 school days. If any line item
14  or portion thereof within the budget is vetoed, the student
15  government association legislative body shall within 15 school
16  days make new budget recommendations for expenditure of the
17  vetoed portion of the fund.  If the university president
18  vetoes any line item or portion thereof within the new budget
19  revisions, the university president may reallocate by line
20  item that vetoed portion to bond obligations guaranteed by
21  activity and service fees. Unexpended funds and undisbursed
22  funds remaining at the end of a fiscal year shall be carried
23  over and remain in the student activity and service fund and
24  be available for allocation and expenditure during the next
25  fiscal year.
26         (b)  Each university president shall establish a
27  student health fee on the main campus of the university.  The
28  university president may also establish a student health fee
29  on any branch campus or center. Any subsequent modification
30  increase in the health fee must be recommended by a health
31  committee, at least one-half of whom are students appointed by
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  1  the student body president. The remainder of the committee
  2  shall be appointed by the university president.  A
  3  chairperson, appointed jointly by the university president and
  4  the student body president, may shall vote only in the case of
  5  a tie.  The recommendations of the committee shall take effect
  6  only after approval by the university president, after
  7  consultation with the student body president, with final
  8  approval by the Board of Regents.  An increase in the health
  9  fee may occur only once each fiscal year and must be
10  implemented beginning with the fall term. The Board of Regents
11  is responsible for adopting promulgating the rules and
12  timetables necessary to implement this fee.
13         (c)  Each university president shall establish a
14  separate athletic fee on the main campus of the university.
15  The university president may also establish a separate
16  athletic fee on any branch campus or center.  The initial
17  aggregate athletic fee at each university shall be equal to,
18  but may be no greater than, the 1982-1983 per-credit-hour
19  activity and service fee contributed to intercollegiate
20  athletics, including women's athletics, as provided by s.
21  240.533.  Concurrently with the establishment of the athletic
22  fee, the activity and service fee shall experience a one-time
23  reduction equal to the initial aggregate athletic fee. Any
24  subsequent modification increase in the athletic fee must be
25  recommended by an athletic fee committee, at least one-half of
26  whom are students appointed by the student body president.
27  The remainder of the committee shall be appointed by the
28  university president.  A chairperson, appointed jointly by the
29  university president and the student body president, may shall
30  vote only in the case of a tie.  The recommendations of the
31  committee shall take effect only after approval by the
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  1  university president, after consultation with the student body
  2  president, with final approval by the Board of Regents.  An
  3  increase in the athletic fee may occur only once each fiscal
  4  year and must be implemented beginning with the fall term. The
  5  Board of Regents is responsible for adopting promulgating the
  6  rules and timetables necessary to implement this fee.
  7
  8  For purposes of this section, "consultation" means an ongoing
  9  and documented dialogue with the student body president
10  following any recommendation by a fee committee, and prior to
11  approval of any proposal for modification of any fee.  An
12  attachment containing the names and affiliation of all
13  committee members (i.e., student, faculty, or staff, etc.),
14  any objections and alternatives to a modification of any fee
15  as formulated by the student government, and stating that the
16  university president and the student government have reviewed
17  the proposal, shall accompany the recommendation of any fee
18  committee.
19         Section 2.  Section 240.236, Florida Statutes, is
20  created to read:
21         240.236  University student governments.--
22         (1)  There is created at each state university a
23  student government that shall be organized and maintained by
24  students as the official representatives of the student body.
25  Each student government shall be composed of at least a
26  student body president and a student legislative body, who are
27  both to be elected by the student body.  Interim vacancies may
28  be filled in a manner other than election as prescribed by the
29  student government.  Each student government may adopt
30  internal procedures governing:
31
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  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 internal procedures adopted by the student
24  government under this section are subject to final approval by
25  the university president.
26         Section 3.  Subsection (3) of section 240.295, Florida
27  Statutes, is amended to read:
28         240.295  State University System; authorization for
29  fixed capital outlay projects.--
30         (3)  Other than those projects currently authorized, no
31  project proposed by a university which is to be funded from
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    Florida House of Representatives - 2000                 HB 643
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  1  Capital Improvement Trust Fund fees or building fees may shall
  2  be submitted to the Board of Regents for approval without
  3  prior consultation with the student government association of
  4  that university. For the purposes of this subsection,
  5  "consultation" is defined as an ongoing and documented
  6  dialogue with the student body president regarding each
  7  proposed project, which shall begin prior to developing the
  8  university proposal.  An attachment containing any objections
  9  and alternatives formulated by the student government, and
10  stating that the university president and the student
11  government have reviewed the project or projects proposed,
12  shall be included in the proposal. The Board of Regents shall
13  adopt promulgate rules which are consistent with this
14  requirement.
15         Section 4.  Subsections (1), (2), and (4) of section
16  240.531, Florida Statutes, are amended to read:
17         240.531  Establishment of educational research centers
18  for child development.--
19         (1)  Upon approval of the university president, the
20  student government association of any university within the
21  State University System may establish an educational research
22  center for child development in accordance with the provisions
23  of this section.  Each such center shall be a child day care
24  center established to provide care for the children of
25  students, both graduate and undergraduate, faculty, and other
26  staff and employees of the university and to provide an
27  opportunity for interested schools or departments of the
28  university to conduct educational research programs and
29  establish internship programs within such centers.  Whenever
30  possible, such center shall be located on the campus of the
31
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  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, is
26  repealed.
27         Section 6.  This act shall take effect July 1, 2000.
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    Florida House of Representatives - 2000                 HB 643
    529-190-00
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  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.
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