House Bill hb0353

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    Florida House of Representatives - 2002                 HB 353

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending ss. 229.003 and 229.008, F.S.;

  4         revising the membership of state university

  5         boards of trustees; amending s. 229.0082, F.S.;

  6         removing authority of university presidents to

  7         approve internal procedures of student

  8         government organizations; creating s. 240.236,

  9         F.S.; providing requirements for university

10         student governments; providing requirements

11         with respect to the adoption and approval of

12         internal procedures; providing procedures for

13         suspension and removal of officers; amending s.

14         240.5275, F.S.; revising the membership of the

15         Campus Board of the University of South Florida

16         Sarasota/Manatee; amending s. 240.5277, F.S.;

17         revising the membership of the Board of

18         Trustees of New College of Florida; repealing

19         s. 240.136, F.S., relating to suspension and

20         removal of elected student government officials

21         at state universities and community colleges;

22         providing an effective date.

23

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

25

26         Section 1.  Subsection (4) of section 229.003, Florida

27  Statutes, is amended to read:

28         229.003  Florida education governance reorganization.--

29         (4)  The Governor shall appoint for each university in

30  the State University System a 12-member board of trustees,

31  which shall be a body corporate with all the powers of a body

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    Florida House of Representatives - 2002                 HB 353

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  1  corporate. In addition to the 12 members, the a student body

  2  president elected on the main campus pursuant to s. 240.236

  3  shall serve ex officio as a voting member of the board of

  4  trustees. There shall be no state residency requirement for

  5  university board members, but the Governor shall consider

  6  diversity and regional representation. Each appointee is

  7  subject to confirmation by the Senate at the regular

  8  legislative session immediately following his or her

  9  appointment.

10         Section 2.  Paragraph (a) of subsection (1) of section

11  229.008, Florida Statutes, is amended to read:

12         229.008  Boards of trustees of the state

13  universities.--

14         (1)(a)  Effective July 1, 2001, and no later than

15  November 1, 2001, the Governor shall appoint a 12-member

16  13-member board of trustees for each university in the State

17  University System, each member to be confirmed by the Senate

18  in the regular legislative session immediately following his

19  or her appointment. In addition, the a student body president

20  elected on the main campus pursuant to s. 240.236 shall serve

21  ex officio as a voting member of his or her university board

22  of trustees. There shall be no state residency requirement for

23  university board members, but the Governor shall consider

24  diversity and regional representation. Members of the boards

25  of trustees shall receive no compensation but may be

26  reimbursed for travel and per diem expenses as provided in s.

27  112.061.

28         Section 3.  Subsection (15) of section 229.0082,

29  Florida Statutes, is amended to read:

30         229.0082  University presidents; powers and

31  duties.--The president is the chief executive officer of the

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    Florida House of Representatives - 2002                 HB 353

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  1  university, shall be corporate secretary of the state

  2  university board of trustees, and is responsible for the

  3  operation and administration of the university. Each

  4  university president shall:

  5         (15)  Approve the internal procedures of student

  6  government organizations and Provide purchasing, contracting,

  7  and budgetary review processes for student government these

  8  organizations.

  9         Section 4.  Section 240.236, Florida Statutes, is

10  created to read:

11         240.236  University student governments.--

12         (1)  A student government is created on the main campus

13  of each state university. In addition, each university board

14  of trustees may establish a student government on any branch

15  campus or center.

16         (2)  Each student government shall be organized and

17  maintained by students and shall be composed of at least a

18  student body president, a student legislative body, and a

19  student judiciary. The student body president and the student

20  legislative body shall be elected by the student body;

21  however, interim vacancies and the student judiciary may be

22  filled in a manner other than election as prescribed by the

23  internal procedures of the student government.

24         (3)  Each student government shall adopt internal

25  procedures governing:

26         (a)  The operation and administration of the student

27  government.

28         (b)  The execution of all other duties as prescribed to

29  the student government by law.

30         (4)(a)  The qualifications, elections, and returns, the

31  appointments, and the suspension, removal, and discipline of

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    Florida House of Representatives - 2002                 HB 353

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  1  officers of the student government shall be determined by the

  2  student government as prescribed by its internal procedures.

  3         (b)  Any elected or appointed officer of the student

  4  government may be removed from office by the majority vote of

  5  students participating in a referendum held under this

  6  paragraph. Each student government shall adopt internal

  7  procedures by which students may petition for a referendum to

  8  remove from office an elected or appointed officer of the

  9  student government. 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 later than 60 days

15  after the filing of the petition.

16         (c)  Each student government shall adopt internal

17  procedures providing for the suspension and removal of an

18  elected or appointed student government officer following the

19  conviction of that officer of a felony.

20         (5)  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 board of trustees;

24  however, a procedure is deemed approved unless it is

25  disapproved at the next meeting of the board of trustees which

26  is held at least 15 days after the procedure is adopted by the

27  student government and presented to the corporate secretary of

28  the board of trustees.

29         Section 5.  Subsection (2) of section 240.5275, Florida

30  Statutes, is amended to read:

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    Florida House of Representatives - 2002                 HB 353

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  1         240.5275  The University of South Florida

  2  Sarasota/Manatee.--

  3         (2)  The Board of Trustees of the University of South

  4  Florida shall appoint to the Campus Board, from

  5  recommendations of the President of the University of South

  6  Florida, three residents of Manatee County and two residents

  7  of Sarasota County, to serve 4-year staggered terms. In

  8  addition, the student body president of the University of

  9  South Florida Sarasota/Manatee elected pursuant to s. 240.236

10  shall serve ex officio as a voting member of the Campus Board.

11  If one or more residents of Sarasota County or Manatee County

12  are appointed to the Board of Trustees of the University of

13  South Florida, the board shall, at the next vacancy of the

14  Campus Board, appoint one of those members to serve jointly as

15  a member of the Campus Board. The Board of Trustees may

16  reappoint a member to the Campus Board for one additional

17  term. The Campus Board has the powers and duties provided by

18  law, which include the authority to:

19         (a)  Review and approve an annual legislative budget

20  request to be submitted to the Commissioner of Education. The

21  Campus Executive Officer shall prepare the legislative budget

22  request in accordance with guidelines established by the

23  Florida Board of Education. This request must include items

24  for campus operations and fixed capital outlay.

25         (b)  Approve and submit an annual operating plan and

26  budget for review and consultation by the Board of Trustees of

27  the University of South Florida. The campus operating budget

28  must reflect the actual funding available to that campus from

29  separate line-item appropriations contained in each annual

30  General Appropriations Act, which line-item appropriations

31  must initially reflect the funds reported to the Legislature

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    Florida House of Representatives - 2002                 HB 353

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  1  for the University of South Florida Sarasota/Manatee campus

  2  for fiscal year 2000-2001 and any additional funds provided in

  3  the fiscal year 2001-2002 legislative appropriation.

  4         (c)  Enter into central support services contracts with

  5  the Board of Trustees of the University of South Florida for

  6  any services that the campus at Sarasota/Manatee cannot

  7  provide more economically, including payroll processing,

  8  accounting, technology, construction administration, and other

  9  desired services. However, all legal services for the campus

10  must be provided by a central services contract with the

11  university. The Board of Trustees of the University of South

12  Florida and the Campus Board shall determine in a letter of

13  agreement any allocation or sharing of student fee revenue

14  between the University of South Florida's main campus and the

15  Sarasota/Manatee campus.

16

17  The Board of Trustees of the University of South Florida may

18  lawfully delegate other powers and duties to the Campus Board

19  for the efficient operation and improvement of the campus and

20  for the purpose of vesting in the campus the attributes

21  necessary to meet the requirements for separate accreditation

22  by the Southern Association of Colleges and Schools.

23         Section 6.  Subsection (3) of section 240.5277, Florida

24  Statutes, is amended to read:

25         240.5277  New College of Florida.--

26         (3)  BOARD OF TRUSTEES.--The Governor shall appoint 12

27  members to the Board of Trustees, to serve 4-year staggered

28  terms, as follows:

29         (a)  Three residents of Sarasota County.

30         (b)  Two residents of Manatee County.

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    Florida House of Representatives - 2002                 HB 353

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  1         (c)  Until the expiration date of the terms of office

  2  of the members who are on the board June 30, 2001, seven

  3  members selected from the Board of Trustees of the New College

  4  Foundation.

  5

  6  In addition, the a student body president of New College of

  7  Florida elected pursuant to s. 240.236 shall serve ex officio

  8  as be a voting member of the board.

  9         Section 7.  Section 240.136, Florida Statutes, is

10  repealed.

11         Section 8.  This act shall take effect July 1, 2002.

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13            *****************************************

14                          HOUSE SUMMARY

15
      Revises the membership of state university boards of
16    trustees. Transfers authority to approve internal
      procedures of student government organizations from
17    university presidents to university boards of trustees.
      Provides requirements for university student governments.
18    Repeals provisions relating to suspension and removal of
      student government officials at universities and
19    community colleges and establishes new procedures for
      such discipline at universities.
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