House Bill hb1511

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    Florida House of Representatives - 2001                HB 1511

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to state universities; amending

  3         s. 240.209, F.S.; increasing certain student

  4         fees; amending s. 240.235, F.S.; requiring the

  5         approval of certain student fee modifications,

  6         rather than just increases, by certain

  7         committees; changing language to conform with

  8         other provisions of the bill; creating s.

  9         240.236, F.S.; providing for the establishment

10         of student governments at each state university

11         with the authority to establish certain

12         procedures and to provide for the election or

13         removal of student government officers;

14         providing powers and duties; providing for

15         suspension or removal from office under certain

16         circumstances; amending s. 240.295, F.S.;

17         requiring the approval of projects to be funded

18         from Capital Improvement Trust Fund fees or

19         building fees by committees partially appointed

20         by the student government president; amending

21         s. 240.531, F.S.; conforming language to other

22         provisions of the act and Florida law;

23         repealing s. 240.136, F.S., relating to the

24         removal and suspension of student government

25         officers; providing an effective date.

26

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

28

29         Section 1.  Paragraph (g) of subsection (3) of section

30  240.209, Florida Statutes, is amended to read:

31         240.209  Board of Regents; powers and duties.--

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    Florida House of Representatives - 2001                HB 1511

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  1         (3)  The board shall:

  2         (g)  Recommend to the Legislature any proposed changes

  3  in the Capital Improvement Trust Fund and building fees.  The

  4  Capital Improvement Trust Fund fee is established as $2.94

  5  $2.44 per credit hour per semester.  The building fee is

  6  established as $2.82 $2.32 per credit hour per semester.

  7         Section 2.  Subsection (1) of section 240.235, Florida

  8  Statutes, is amended to read:

  9         240.235  Fees.--

10         (1)  Each university may is authorized to establish

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

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

13  component parts of the registration and tuition fees and shall

14  be retained by the university and paid into the separate

15  activity and service, health, and athletic funds.

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

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

18  university.  The university president may also establish a

19  student activity and service fee on any branch campus or

20  center.  Any subsequent modification increase in the activity

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

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

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

24  committee shall be appointed by the university president.  A

25  chairperson, appointed jointly by the university president and

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

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

28  only after approval by the university president, after

29  consultation with the student body president, with final

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

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

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    Florida House of Representatives - 2001                HB 1511

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

  2  Regents is responsible for promulgating the rules and

  3  timetables necessary to implement this fee.

  4         2.  The student activity and service fees shall be

  5  expended for lawful purposes to benefit the student body in

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

  7  be limited to, student publications and grants to duly

  8  recognized student organizations, the membership of which is

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

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

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

12  student-government-sponsored

13  student-government-association-sponsored concerts.  The

14  allocation and expenditure of the fund shall be determined by

15  the student government association of the university, except

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

17  portion thereof within the budget when submitted by the

18  student government association legislative body.  The

19  university president shall have 15 school days from the date

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

21  expenditure recommendations, which shall be deemed approved if

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

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

24  government association legislative body shall within 15 school

25  days make new budget recommendations for expenditure of the

26  vetoed portion of the fund.  If the university president

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

28  revisions, the university president may reallocate by line

29  item that vetoed portion to bond obligations guaranteed by

30  activity and service fees. Unexpended funds and undisbursed

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

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    Florida House of Representatives - 2001                HB 1511

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

  2  be available for allocation and expenditure during the next

  3  fiscal year.

  4         (b)  Each university president shall establish a

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

  6  university president may also establish a student health fee

  7  on any branch campus or center. Any subsequent modification

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

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

10  the student body president. The remainder of the committee

11  shall be appointed by the university president.  A

12  chairperson, appointed jointly by the university president and

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

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

15  only after approval by the university president, after

16  consultation with the student body president, with final

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

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

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

20  is responsible for promulgating the rules and timetables

21  necessary to implement this fee.

22         (c)  Each university president shall establish a

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

24  The university president may also establish a separate

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

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

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

28  activity and service fee contributed to intercollegiate

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

30  240.533.  Concurrently with the establishment of the athletic

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

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    Florida House of Representatives - 2001                HB 1511

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  1  reduction equal to the initial aggregate athletic fee. Any

  2  subsequent modification increase in the athletic fee must be

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

  4  whom are students appointed by the student body president.

  5  The remainder of the committee shall be appointed by the

  6  university president.  A chairperson, appointed jointly by the

  7  university president and the student body president, may shall

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

  9  committee shall take effect only after approval by the

10  university president, after consultation with the student body

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

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

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

14  Board of Regents is responsible for promulgating the rules and

15  timetables necessary to implement this fee.

16         Section 3.  Section 240.236, Florida Statutes, is

17  created to read:

18         240.236  University student governments.--

19         (1)  There is created within each state university a

20  student government that shall be organized and maintained by

21  students as the official representatives of the student body.

22  Each student government shall be composed of at least a

23  student body president and a student legislative body. Interim

24  vacancies may be filled in a manner other than election as

25  prescribed by the student government. Each student government

26  may adopt internal 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.

31

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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 the provisions of this section. The student government

  7  shall develop a procedure for students to petition for a

  8  referendum to remove an elected officer of the student

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

10  government officer by petition must be expressly contained in

11  the petition and are limited to the following:  malfeasance,

12  misfeasance, neglect of duty, incompetence, permanent

13  inability to perform official duties, or conviction of a

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

15  the filing of the petition.

16         (3)  The student government shall develop procedures

17  providing for the suspension and removal of an elected student

18  government officer following the conviction of that officer of

19  a felony.

20         (4)  Each student government is a part of the

21  university at which it is established. The internal procedures

22  adopted by the student government under this section are

23  subject to final approval by the university president.

24         Section 4.  Subsection (3) of section 240.295, Florida

25  Statutes, is amended to read:

26         240.295  State University System; authorization for

27  fixed capital outlay projects.--

28         (3)  Any projects funded from Capital Improvement Trust

29  Fund fees or building fees must be recommended by a university

30  wide committee, at least one-half of the membership of which

31  are students appointed by the student body president. The

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    Florida House of Representatives - 2001                HB 1511

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  1  remainder of the committee shall be appointed by the

  2  university president. A chairperson, appointed jointly by the

  3  university president and the student body president, may vote

  4  only in the case of a tie. The recommendations of the

  5  committee shall be submitted to the Board of Regents for

  6  approval only upon approval by the university president, after

  7  consultation with the student body president. Other than those

  8  projects currently authorized, no project proposed by a

  9  university which is to be funded from Capital Improvement

10  Trust Fund fees or building fees shall be submitted to the

11  Board of Regents for approval without prior consultation with

12  the student government association of that university.  The

13  Board of Regents shall promulgate rules which are consistent

14  with this requirement.

15         Section 5.  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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    Florida House of Representatives - 2001                HB 1511

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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 for the establishment, operation,

16  and supervision of educational research centers for child

17  development. These Such rules shall include, but are need not

18  be limited to,:  a defined method of establishment of and

19  participation in the operation of centers by the appropriate

20  student governments, government associations; guidelines for

21  the establishment of an intern program in each center,; and

22  guidelines for the receipt and monitoring of funds from grants

23  and other sources of funds consistent with existing laws.

24         Section 6.  Section 240.136, Florida Statutes, is

25  repealed.

26         Section 7.  This act shall take effect July 1, 2001.

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    Florida House of Representatives - 2001                HB 1511

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

  2                          HOUSE SUMMARY

  3
      Increases the amount of Capital Improvement Trust Fund
  4    fees and building fees to be paid by students at state
      universities.  Requires the approval of any modification
  5    of student service, activity, health, or athletic fees,
      regardless of whether the modification is an increase in
  6    the fee.

  7
      Requires the creation of a student government at each
  8    state university with an elected legislative body, an
      elected student body president, and such other elected
  9    officers as may be provided by the student government.
      Permits the filling of vacancies by methods other than
10    election.  Authorizes each student government, subject to
      final approval by the university president, to establish
11    its own procedures and provide for the duties of its
      officers. Requires each student government to provide for
12    a method of removing officers by petition and referendum
      on specific grounds and for the suspension and removal of
13    a student government officer convicted of a felony.

14
      Requires that each project to be funded at a state
15    university from Capital Improvement Trust Fund fees or
      building fees must be recommended by a committee
16    comprised of both appointees of the student body
      president and the university president, with the student
17    body president appointing at least half of the members
      and the student body president and the university
18    president jointly appointing the chairperson. Requires
      the university president to consult with the student body
19    president prior to approving the committee's
      recommendations.
20

21    Repeals existing law governing the removal of student
      government officers by petition and referendum, which is
22    replaced by other provisions of the act.

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