ENROLLED HB 0051A 2003 Legislature
1	A bill to be entitled
2	An act relating to state universities; creating s.
3	1001.70, F.S.; establishing the Board of Governors;
4	providing membership and terms of office; amending s.
5	1001.71, F.S.; revising membership of university boards of
6	trustees and terms of office; amending s. 1009.24, F.S.;
7	authorizing a nonrefundable admissions deposit; creating
8	1012.975, F.S.; defining the terms "cash-equivalent
9	compensation," "public funds," and "remuneration";
10	limiting the annual remuneration of a state university
11	president to $225,000 from public funds; providing certain
12	limitations on benefits for state university presidents
13	under the Florida Retirement System; authorizing a party
14	to provide cash or cash-equivalent compensation in excess
15	of annual limit from nonpublic funds; eliminating any
16	state obligation to provide cash or cash-equivalent
17	compensation for state university presidents under certain
18	circumstances; providing for construction of the act in
19	pari materia with laws enacted during the Regular Session
20	of the Legislature; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Section 1001.70, Florida Statutes, is created
25	to read:
26	1001.70 Board of Governors.--Pursuant to s. 7(d), Art. IX
27	of the State Constitution, the Board of Governors is established
28	as a body corporate comprised of 17 members as follows: 14
29	citizen members appointed by the Governor subject to
30	confirmation by the Senate; the Commissioner of Education; the
31	chair of the advisory council of faculty senates or the
32	equivalent; and the president of the Florida student association
33	or the equivalent. The appointed members shall serve staggered
34	7-year terms. In order to achieve staggered terms, beginning
35	July 1, 2003, of the initial appointments, 4 members shall serve
36	2-year terms, 5 members shall serve 3-year terms, and 5 members
37	shall serve 7-year terms.
38	Section 2. Section 1001.71, Florida Statutes, is amended
39	to read:
40	1001.71 University boards of trustees; membership.--
41	(1) Pursuant to s. 7(c), Art. IX of the State
42	Constitution, each local constituent university shall be
43	administered by a university board of trustees comprised of 13
44	members as follows: 6 citizen members appointed by the Governor
45	subject to confirmation by the Senate; 5 citizen members
46	appointed by the Board of Governors subject to confirmation by
47	the Senate; the chair of the faculty senate or the equivalent;
48	and the president of the student body of the university. The
49	appointed members shall serve staggered 5-year terms. In order
50	to achieve staggered terms, beginning July 1, 2003, of the
51	initial appointments by the Governor, 2 members shall serve 2-
52	year terms, 3 members shall serve 3-year terms, and 1 member
53	shall serve a 5-year term and of the initial appointments by the
54	Board of Governors, 2 members shall serve 2-year terms, 2
55	members shall serve 3-year terms, and 1 member shall serve a 5-
56	year term.University boards of trustees shall be comprised of
57	12 members appointed by the Governor and confirmed by the Senate
58	in the regular legislative session immediately following his or
59	her appointment. In addition, the student body president elected
60	on the main campus of the university pursuant to s. 1004.26
61	shall serve ex officio as a voting member of his or her
62	university board of trustees.There shall be no state residency
63	requirement for university board members, but the Governor and
64	the Board of Governorsshall consider diversity and regional
65	representation.
66	(2) Members of the boards of trustees shall receive no
67	compensation but may be reimbursed for travel and per diem
68	expenses as provided in s. 112.061.
69	(3) The Governor may remove a trustee upon the
70	recommendation of the State Board of Education, or for cause.
71	(4) Boards of trustees' members shall be appointed for
72	staggered 4-year terms, and may be reappointed for additional
73	terms not to exceed 8 years of service.
74	(3)(5)Each board of trustees shall select its chair and
75	vice chair from the appointed members at its first regular
76	meeting after July 1. The chair shall serve for 2 years and may
77	be reselected for one additional consecutive term. The duties of
78	the chair shall include presiding at all meetings of the board
79	of trustees, calling special meetings of the board of trustees,
80	and attesting to actions of the board of trustees, and notifying
81	the Governor in writing whenever a board member fails to attend
82	three consecutive regular board meetings in any fiscal year,
83	which failure may be grounds for removal. The duty of the vice
84	chair is to act as chair during the absence or disability of the
85	chair.
86	(4)(6)The university president shall serve as executive
87	officer and corporate secretary of the board of trustees and
88	shall be responsible to the board of trustees for all operations
89	of the university and for setting the agenda for meetings of the
90	board of trustees in consultation with the chair.
91	Section 3. Subsection (13) of section 1009.24, Florida
92	Statutes, amended to read:
93	1009.24 State university student fees.--
94	(13) Each university board of trustees is authorized to
95	establish a nonrefundable admissions deposit for undergraduate,
96	graduate, and professional degree programs in an amount not to
97	exceed $200. The admissions deposit shall be imposed at the time
98	of an applicant's acceptance to the university and shall be
99	applied toward tuition upon enrollment. In the event the
100	applicant does not enroll in the university, the admissions
101	deposit shall be deposited in an auxiliary account of the
102	university and used to expand financial assistance,
103	scholarships, and student academic and career counseling
104	services at the university. A university board of trustees that
105	establishes an admissions deposit pursuant to this subsection
106	must also adopt policies that provide for the waiver of such
107	deposit on the basis of financial hardship.The board of
108	trustees of the University of Florida is authorized to establish
109	an admissions deposit fee for the University of Florida College
110	of Dentistry in an amount not to exceed $200.
111	Section 4. Section 1012.975, Florida Statutes, is created
112	to read:
113	1012.975 Remuneration of state university presidents;
114	limitations.--
115	(1) DEFINITIONS.--As used in this section, the term:
116	(a) "Cash-equivalent compensation" means any benefit that
117	may be assigned an equivalent cash value.
118	(b) "Public funds" means funds appropriated from the
119	General Revenue Fund, funds appropriated from state trust funds,
120	tuition and fees, or any funds from a state university trust
121	fund regardless of repository.
122	(c) "Remuneration" means salary, bonuses, and cash-
123	equivalent compensation paid to a state university president by
124	his or her employer for work performed, excluding health
125	insurance benefits and retirement benefits.
126	(2) LIMITATION ON COMPENSATION.--Notwithstanding any other
127	law, resolution, or rule to the contrary, a state university
128	president may not receive more than $225,000 in remuneration
129	annually from public funds. Only compensation, as such term is
130	defined in s. 121.021(22), provided to a state university
131	president may be used in calculating benefits under chapter 121.
132	(3) EXCEPTIONS.--This section does not prohibit any party
133	from providing cash or cash-equivalent compensation from funds
134	that are not public funds to a state university president in
135	excess of the limit in subsection (2). If a party is unable or
136	unwilling to fulfill an obligation to provide cash or cash-
137	equivalent compensation to a state university president as
138	permitted under this subsection, public funds may not be used to
139	fulfill such obligation.
140	Section 5. If any law that is amended by this act was also
141	amended by a law enacted at the 2003 Regular Session of the
142	Legislature, such laws shall be construed as if they had been
143	enacted during the same session of the Legislature, and full
144	effect should be given to each if that is possible.
145	Section 6. This act shall take effect July 1, 2003.