Senate Bill sb2172c1
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Florida Senate - 2001 CS for SB 2172
By the Committee on Appropriations and Senators Sullivan,
Crist, Miller, Dyer, Wasserman Schultz and Klein
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1 A bill to be entitled
2 An act relating to state universities; amending
3 s. 240.235, F.S.; requiring the approval of
4 certain student fee modifications, rather than
5 just increases, by certain committees;
6 conforming provisions; creating s. 240.236,
7 F.S.; providing for the establishment of
8 student governments at each state university
9 with the authority to establish certain
10 procedures and to provide for the election or
11 removal of student government officers;
12 providing powers and duties; providing for
13 suspension or removal from office under certain
14 circumstances; amending s. 240.295, F.S.;
15 conforming provisions; creating s. 240.336,
16 F.S.; providing for student governments at
17 community colleges; amending ss. 240.382,
18 240.531, 447.203, 447.301, F.S.; conforming
19 provisions; repealing s. 240.136, F.S.,
20 relating to the removal and suspension of
21 student government officers; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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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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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.
4 (a)1. Each university president shall establish a
5 student activity and service fee on the main campus of the
6 university. The university president may also establish a
7 student activity and service fee on any branch campus or
8 center. Any subsequent modification increase in the activity
9 and service fee must be recommended by an activity and service
10 fee committee, at least one-half of whom are students
11 appointed by the student body president. The remainder of the
12 committee shall be appointed by the university president. A
13 chairperson, appointed jointly by the university president and
14 the student body president, may shall vote only in the case of
15 a tie. The recommendations of the committee shall take effect
16 only after approval by the university president, after
17 consultation with the student body president, with final
18 approval by the Board of Regents. An increase in the activity
19 and service fee may occur only once each fiscal year and must
20 be implemented beginning with the fall term. The Board of
21 Regents is responsible for promulgating the rules and
22 timetables necessary to implement this fee.
23 2. The student activity and service fees shall be
24 expended for lawful purposes to benefit the student body in
25 general. These purposes This shall include, but are shall not
26 be limited to, student publications and grants to duly
27 recognized student organizations, the membership of which is
28 open to all students at the university without regard to race,
29 sex, or religion. The fund may not benefit activities for
30 which an admission fee is charged to students, except for
31 student-government-sponsored
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1 student-government-association-sponsored concerts. The
2 allocation and expenditure of the fund shall be determined by
3 the student government association of the university, except
4 that the president of the university may veto any line item or
5 portion thereof within the budget when submitted by the
6 student government association legislative body. The
7 university president shall have 15 school days from the date
8 of presentation of the budget to act on the allocation and
9 expenditure recommendations, which shall be deemed approved if
10 no action is taken within the 15 school days. If any line item
11 or portion thereof within the budget is vetoed, the student
12 government association legislative body shall within 15 school
13 days make new budget recommendations for expenditure of the
14 vetoed portion of the fund. If the university president
15 vetoes any line item or portion thereof within the new budget
16 revisions, the university president may reallocate by line
17 item that vetoed portion to bond obligations guaranteed by
18 activity and service fees. Unexpended funds and undisbursed
19 funds remaining at the end of a fiscal year shall be carried
20 over and remain in the student activity and service fund and
21 be available for allocation and expenditure during the next
22 fiscal year.
23 (b) Each university president shall establish a
24 student health fee on the main campus of the university. The
25 university president may also establish a student health fee
26 on any branch campus or center. Any subsequent modification
27 increase in the health fee must be recommended by a health
28 committee, at least one-half of whom are students appointed by
29 the student body president. The remainder of the committee
30 shall be appointed by the university president. A
31 chairperson, appointed jointly by the university president and
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1 the student body president, may shall vote only in the case of
2 a tie. The recommendations of the committee shall take effect
3 only after approval by the university president, after
4 consultation with the student body president, with final
5 approval by the Board of Regents. An increase in the health
6 fee may occur only once each fiscal year and must be
7 implemented beginning with the fall term. The Board of Regents
8 is responsible for promulgating the rules and timetables
9 necessary to implement this fee.
10 (c) Each university president shall establish a
11 separate athletic fee on the main campus of the university.
12 The university president may also establish a separate
13 athletic fee on any branch campus or center. The initial
14 aggregate athletic fee at each university shall be equal to,
15 but may be no greater than, the 1982-1983 per-credit-hour
16 activity and service fee contributed to intercollegiate
17 athletics, including women's athletics, as provided by s.
18 240.533. Concurrently with the establishment of the athletic
19 fee, the activity and service fee shall experience a one-time
20 reduction equal to the initial aggregate athletic fee. Any
21 subsequent modification increase in the athletic fee must be
22 recommended by an athletic fee committee, at least one-half of
23 whom are students appointed by the student body president.
24 The remainder of the committee shall be appointed by the
25 university president. A chairperson, appointed jointly by the
26 university president and the student body president, may shall
27 vote only in the case of a tie. The recommendations of the
28 committee shall take effect only after approval by the
29 university president, after consultation with the student body
30 president, with final approval by the Board of Regents. An
31 increase in the athletic fee may occur only once each fiscal
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1 year and must be implemented beginning with the fall term. The
2 Board of Regents is responsible for promulgating the rules and
3 timetables necessary to implement this fee.
4 Section 2. Section 240.236, Florida Statutes, is
5 created to read:
6 240.236 University student governments.--
7 (1) There is created within each state university a
8 student government that shall be organized and maintained by
9 students as the official representatives of the student body.
10 Each student government shall be composed of at least a
11 student body president and a student legislative body. Interim
12 vacancies may be filled in a manner other than election as
13 prescribed by the student government. Each student government
14 may adopt internal procedures governing:
15 (a) The operation and administration of the student
16 government.
17 (b) The election, appointment, removal, and discipline
18 of officers of the student government.
19 (c) The execution of all other duties as prescribed to
20 the student government by law.
21 (2) Any elected officer of the student government of a
22 state university may be removed from office by the majority
23 vote of students participating in a referendum held pursuant
24 to the provisions of this section. The student government
25 shall develop a procedure by which students may petition for a
26 referendum to remove from office an elected officer of the
27 student government. The grounds for removal of a student
28 government officer by petition must be expressly contained in
29 the petition and are limited to the following: malfeasance,
30 misfeasance, neglect of duty, incompetence, permanent
31 inability to perform official duties, or conviction of a
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1 felony. The referendum must be held no more than 60 days after
2 the filing of the petition.
3 (3) The student government shall develop procedures
4 providing for the suspension and removal of an elected student
5 government officer following the conviction of that officer of
6 a felony.
7 (4) Each student government is a part of the
8 university at which it is established. The internal procedures
9 adopted by the student government under this section are
10 subject to final approval by the university president.
11 Section 3. Subsection (3) of section 240.295, Florida
12 Statutes, is amended to read:
13 240.295 State University System; authorization for
14 fixed capital outlay projects.--
15 (3) Other than those projects currently authorized, no
16 project proposed by a university which is to be funded from
17 Capital Improvement Trust Fund fees or building fees shall be
18 submitted to the Board of Regents for approval without prior
19 consultation with the student government association of that
20 university. The Board of Regents shall adopt promulgate rules
21 that which are consistent with this requirement.
22 Section 4. Section 240.336, Florida Statutes, is
23 created to read:
24 240.336 Community college student governments.--
25 (1) There is created within each community college a
26 student government that shall be organized and maintained by
27 students as the official representatives of the student body.
28 Each student government shall be composed of at least a
29 student body president and a student legislative body. Interim
30 vacancies may be filled in a manner other than election as
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1 prescribed by the student government. Each student government
2 may adopt internal procedures governing:
3 (a) The operation and administration of the student
4 government.
5 (b) The election, appointment, removal, and discipline
6 of officers of the student government.
7 (c) The execution of all other duties as prescribed to
8 the student government by law.
9 (2) Any elected officer of the student government of a
10 community college may be removed from office by the majority
11 vote of students participating in a referendum held pursuant
12 to the provisions of this section. The student government
13 shall develop a procedure by which students may petition for a
14 referendum to remove from office an elected officer of the
15 student government. The grounds for removal of a student
16 government officer by petition must be expressly contained in
17 the petition and are limited to the following: malfeasance,
18 misfeasance, neglect of duty, incompetence, permanent
19 inability to perform official duties, or conviction of a
20 felony. The referendum must be held no more than 60 days after
21 the filing of the petition.
22 (3) The student government shall develop procedures
23 providing for the suspension and removal of an elected student
24 government officer following the conviction of that officer of
25 a felony.
26 (4) Each student government is a part of the community
27 college at which it is established. The internal procedures
28 adopted by the student government under this section are
29 subject to final approval by the community college president.
30 Section 5. Subsection (2) of section 240.382, Florida
31 Statutes, is amended to read:
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1 240.382 Establishment of child development training
2 centers at community colleges.--
3 (2) In consultation with the student government
4 association or a recognized student group representing the
5 student body, the district board of trustees of any community
6 college may establish a child development training center in
7 accordance with this section. Each child development training
8 center shall be a child care center established to provide
9 child care during the day and at variable hours, including
10 evenings and weekends, for the children of students. Emphasis
11 should be placed on serving students who demonstrate financial
12 need as defined by the district board of trustees. At least 50
13 percent of the child care slots must be made available to
14 students, and financially needy students, as defined by the
15 district board of trustees, shall receive child care slots
16 first. The center may serve the children of staff, employees,
17 and faculty; however, a designated number of child care slots
18 shall not be allocated for employees. Whenever possible, the
19 center shall be located on the campus of the community
20 college. However, the board may elect to provide child care
21 services for students through alternative mechanisms, which
22 may include contracting with private providers.
23 Section 6. Subsections (1), (2), and (4) of section
24 240.531, Florida Statutes, are amended to read:
25 240.531 Establishment of educational research centers
26 for child development.--
27 (1) Upon approval of the university president, the
28 student government association of any university within the
29 State University System may establish an educational research
30 center for child development in accordance with the provisions
31 of this section. Each such center shall be a child day care
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1 center established to provide care for the children of
2 students, both graduate and undergraduate, faculty, and other
3 staff and employees of the university and to provide an
4 opportunity for interested schools or departments of the
5 university to conduct educational research programs and
6 establish internship programs within such centers. Whenever
7 possible, such center shall be located on the campus of the
8 university. There shall be a director of each center,
9 selected by the board of directors of the center.
10 (2) There shall be a board of directors for each
11 educational research center for child development, consisting
12 of the president of the university or his or her designee, the
13 student body government president or his or her designee, the
14 chair of each department participating in the center or his or
15 her designee, and one parent for each 50 children enrolled in
16 the center, elected by the parents of children enrolled in the
17 center. The director of the center shall be an ex officio,
18 nonvoting member of the board. The board shall establish
19 local policies and perform local oversight and operational
20 guidance for the center.
21 (4) The Board of Regents shall adopt is authorized and
22 directed to promulgate rules for the establishment, operation,
23 and supervision of educational research centers for child
24 development. These Such rules shall include, but are need not
25 be limited to,: a defined method of establishment of and
26 participation in the operation of centers by the appropriate
27 student governments, government associations; guidelines for
28 the establishment of an intern program in each center,; and
29 guidelines for the receipt and monitoring of funds from grants
30 and other sources of funds consistent with existing laws.
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1 Section 7. Subsection (18) of section 447.203, Florida
2 Statutes, is amended to read:
3 447.203 Definitions.--As used in this part:
4 (18) "Student representative" means the representative
5 selected by each community college student government
6 association and the council of student body presidents. Each
7 representative may be present at all negotiating sessions
8 which take place between the appropriate public employer and
9 an exclusive bargaining agent. The Said representative shall
10 be enrolled as a student with at least 8 credit hours in the
11 respective community college or in the State University System
12 during his or her term as student representative.
13 Section 8. Subsection (5) of section 447.301, Florida
14 Statutes, is amended to read:
15 447.301 Public employees' rights; organization and
16 representation.--
17 (5) In negotiations over the terms and conditions of
18 service and other matters affecting the working environment of
19 employees, or the learning environment of students, in
20 institutions of higher education, one student representative
21 selected by the council of student body presidents may, at his
22 or her discretion, be present at all negotiating sessions
23 which take place between the Board of Regents and the
24 bargaining agent for an employee bargaining unit. In the case
25 of community colleges, the student government association of
26 each college shall establish procedures for the selection of,
27 and shall select, a student representative to be present, at
28 his or her discretion, at negotiations between the bargaining
29 agent of the employees and the board of trustees. Each
30 student representative shall have access to all written draft
31 agreements and all other written documents pertaining to
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1 negotiations exchanged by the appropriate public employer and
2 the bargaining agent, including a copy of any prepared written
3 transcripts of any negotiating session. Each student
4 representative shall have the right at reasonable times during
5 the negotiating session to comment to the parties and to the
6 public upon the impact of proposed agreements on the
7 educational environment of students. Each student
8 representative shall have the right to be accompanied by
9 alternates or aides, not to exceed a combined total of two in
10 number. Each student representative shall be obligated to
11 participate in good faith during all negotiations and shall be
12 subject to the rules and regulations of the Public Employees
13 Relations Commission. The student representatives shall have
14 neither voting nor veto power in any negotiation, action, or
15 agreement. The state or any branch, agency, division, agent,
16 or institution of the state shall not expend any moneys from
17 any source for the payment of reimbursement for travel
18 expenses or per diem to aides, alternates, or student
19 representatives participating in, observing, or contributing
20 to any negotiating sessions between the bargaining parties;
21 however, this limitation does not apply to the use of student
22 activity fees for the reimbursement of travel expenses and per
23 diem to the university student representative, aides, or
24 alternates participating in the aforementioned negotiations
25 between the Board of Regents and the bargaining agent for an
26 employee bargaining unit.
27 Section 9. Section 240.136, Florida Statutes, is
28 repealed.
29 Section 10. This act shall take effect July 1, 2001.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 2172
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4 1. Removes the increase in the Capital Improvement Trust Fund
fee and the building fee.
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2. Codifies the current practice of how student governments
6 are established at community colleges.
7 3. Removes from SB 2172 the requirement that any projects
funded from the Capital Improvement Trust Fund fees or
8 building fees must be recommended by a university-wide
committee.
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