House Bill 0643

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







    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.--

                                  1

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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,

                                  2

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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

                                  3

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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

                                  4

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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

                                  5

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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

                                  6

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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

                                  7

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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.

28

29

30

31

                                  8

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






    Florida House of Representatives - 2000                 HB 643

    529-190-00






  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