1 | A bill to be entitled |
2 | An act relating to postsecondary education; providing |
3 | definitions; specifying the constitutional duties of the |
4 | Board of Governors of the State University System under s. |
5 | 7, Art. IX of the State Constitution; specifying the |
6 | constitutional duties of the Legislature; providing |
7 | legislative intent; amending s. 112.313, F.S.; prohibiting |
8 | citizen members of the Board of Governors of the State |
9 | University System and citizen members of a board of |
10 | trustees of a local constituent university from |
11 | representing principals before the Legislature; providing |
12 | an effective date. |
13 | WHEREAS, in 2000, the Florida Legislature enacted |
14 | chapter 2000-321, Laws of Florida, the Florida Education |
15 | Governance Reorganization Act of 2000, which restructured |
16 | the state's public education system to create a seamless |
17 | K-20 system and repealed the Florida Board of Regents, an |
18 | entity previously established by the Legislature to govern |
19 | the administration of the State University System, and |
20 | WHEREAS, in 2000, the Legislature consolidated the |
21 | administration of the state's institutions of higher |
22 | education with grades K through 12 in the Florida Board of |
23 | Education (later the State Board of Education) and the |
24 | Commissioner of Education, and |
25 | WHEREAS, in 2002, the voters amended the State |
26 | Constitution to create the Board of Governors to "be |
27 | responsible for the coordinated and accountable operation |
28 | of the whole university system" and did not express an |
29 | intent to limit legislative powers granted in section 1, |
30 | Article IX of the State Constitution, and |
31 | WHEREAS, in its review of the ballot title and |
32 | summary to the initiative proposal creating the Board of |
33 | Governors, the Florida Supreme Court found that the |
34 | amendment would authorize "the statewide board of |
35 | governors to 'operate, regulate, control, and be fully |
36 | responsible for the management of the whole university |
37 | system'" [Advisory Opinion to the Attorney General Re |
38 | Local Trustees, 819 So.2d 725, 729 (Fla. 2002)], and |
39 | WHEREAS, the Florida Supreme Court found that the |
40 | ballot title and summary for the proposed amendment |
41 | plainly and unequivocally expressed its chief purpose and |
42 | that this purpose "does not substantially affect or alter |
43 | any provision in the State Constitution" [Id. at 732], and |
44 | WHEREAS, the Court's advisory opinion indicates that |
45 | the Court interpreted "the plain unequivocal language" of |
46 | the proposal's ballot summary as not making fundamental |
47 | changes redistributing legislative power to an entity |
48 | within another branch, which would alter the balance of |
49 | governmental powers, and |
50 | WHEREAS, since 1968 and continuing through today, |
51 | Section 1 of Article IX of the State Constitution provides |
52 | that "[a]dequate provision shall be made by law for ... |
53 | the establishment, maintenance, and operation of |
54 | institutions of higher learning ...," and |
55 | WHEREAS, as of November 2002, the Board of Governors |
56 | is charged by Section 7 of Article IX of the State |
57 | Constitution with the responsibility to "operate, |
58 | regulate, control, and be fully responsible for the |
59 | management of the whole university system," and |
60 | WHEREAS, the canons of Florida statutory construction |
61 | require that laws on the same subject are to be construed |
62 | "in harmony with one another" so as not to render any part |
63 | meaningless based upon the presumption that the people |
64 | would not have adopted useless constitutional law [See, |
65 | e.g., Unruh v. State, 669 So.2d 242 (Fla. 1996); see, |
66 | also, State ex rel. McKay v. Keller, 191 So. 542 (Fla. |
67 | 1939) (holding that principles governing the construction |
68 | of statutes are generally applicable as well to the |
69 | construction of constitutions)], and |
70 | WHEREAS, in accordance with these dictates, it is the |
71 | Legislature's intention herein to harmonize and give |
72 | meaningful effect to both Sections 1 and 7 of Article IX |
73 | of the State Constitution, and |
74 | WHEREAS, litigants in Floridians for Constitutional |
75 | Integrity, Inc., et al. v. State Board of Education and |
76 | Board of Governors, Case No. 04-CA-3040, filed in the |
77 | Second Judicial Circuit in and for Leon County, Florida, |
78 | have alleged that the 2002 amendment so altered the State |
79 | Constitution that the Legislature cannot enact laws |
80 | controlling the policy or direction of the State |
81 | University System, that the Board of Governors is not |
82 | subject to legislative control, that the Board of |
83 | Governors controls such public funds as tuition and |
84 | student fees, federal contracts and grants, and that all |
85 | authority over the State University System was transferred |
86 | by the 2002 amendment to the Board of Governors subject |
87 | only to legislative appropriation authority of only the |
88 | state's general revenue, and |
89 | WHEREAS, on the contrary, the Florida Supreme Court |
90 | stated that while the 2002 amendment interacts with |
91 | Section 1 of Article IX, "it does not substantially affect |
92 | or change" it [Advisory Opinion, Id. at 730], and |
93 | WHEREAS, it is the duty of the Florida Legislature to |
94 | uphold Section 3 of Article II of the State Constitution |
95 | and safeguard the powers of one branch of government from |
96 | encroachments from entities of the other branches, and |
97 | WHEREAS, the Legislature has found that the powers of |
98 | the Legislature in Section 1 of Article IX of the State |
99 | Constitution and the powers of the Board of Governors in |
100 | Section 7 of Article IX of the State Constitution must and |
101 | can be defined in harmony to give each entity its full |
102 | measure of constitutional responsibility, and |
103 | WHEREAS, Section 18 of Article III of the State |
104 | Constitution confers upon the Legislature the obligation |
105 | to prohibit conflict between the public duties and private |
106 | interests of state officers, and |
107 | WHEREAS, the members of the statewide board of |
108 | governors and local boards of trustees, as established in |
109 | Section 7, Article IX of the State Constitution, are state |
110 | officers and subject to the ethics laws of the State of |
111 | Florida, and |
112 | WHEREAS, it is the intent of the Legislature to |
113 | ensure good government practices in the operation of the |
114 | education boards of this state, and |
115 | WHEREAS, the Legislature finds that lobbyists serving |
116 | as members of state education boards present an actual or |
117 | potential conflict of interest, and |
118 | WHEREAS, the Legislature finds that the Board of |
119 | Governors and the local boards of trustees should reach |
120 | their decisions free of political influence and in the |
121 | best interests of the people of the State of Florida, NOW, |
122 | THEREFORE, |
123 |
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124 | Be It Enacted by the Legislature of the State of Florida: |
125 |
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126 | Section 1. Responsibility for the State University System |
127 | under Section 7, Article IX of the State Constitution; |
128 | legislative finding and intent.-- |
129 | (1) LEGISLATIVE FINDINGS.-- |
130 | (a) Definitions.--For purposes of this act, the term: |
131 | 1. "Board of Governors" as it relates to the State |
132 | University System and as used in Section 7, Article IX of the |
133 | State Constitution and Title XLVIII and other sections of the |
134 | Florida Statutes is the Board of Governors of the State |
135 | University System which belongs to and is part of the executive |
136 | branch of state government. |
137 | 2. "Institutions of higher learning" as used in the State |
138 | Constitution and the Florida Statutes includes publicly funded |
139 | state universities. |
140 | 3. "Public officer" as used in the Florida Statutes |
141 | includes members of the Board of Governors. |
142 | 4. "State university" or "state universities" as used in |
143 | the State Constitution and the Florida Statutes are agencies of |
144 | the state which belong to and are part of the executive branch |
145 | of state government. This definition of state universities as |
146 | state agencies is only for the purposes of the delineation of |
147 | constitutional lines of authority. Statutory exemptions for |
148 | state universities from statutory provisions relating to state |
149 | agencies that are in effect on the effective date of this act |
150 | remain in effect and are not repealed by virtue of this |
151 | definition of state universities. |
152 | (b) Constitutional duties of the Board of Governors of the |
153 | State University System.--In accordance with Section 7, Article |
154 | IX of the State Constitution, the Board of Governors of the |
155 | State University System has the duty to operate, regulate, |
156 | control, and be fully responsible for the management of the |
157 | whole publicly funded State University System and the board, or |
158 | the board's designee, has responsibility for: |
159 | 1. Defining the distinctive mission of each constituent |
160 | university. |
161 | 2. Defining the articulation of each constituent |
162 | university in conjunction with the Legislature's authority over |
163 | the public schools and community colleges. |
164 | 3. Ensuring the well-planned coordination and operation of |
165 | the State University System. |
166 | 4. Avoiding wasteful duplication of facilities or programs |
167 | within the State University System. |
168 | 5. Accounting for expenditure of funds appropriated by the |
169 | Legislature for the State University System as provided by law. |
170 | 6. Submitting a budget request for legislative |
171 | appropriations for the institutions under the supervision of the |
172 | board as provided by law. |
173 | 7. Adopting strategic plans for the State University |
174 | System and each constituent university. |
175 | 8. Approving, reviewing, and terminating degree programs |
176 | of the State University System. |
177 | 9. Governing admissions to the state universities. |
178 | 10. Serving as the public employer to all public employees |
179 | of state universities for collective bargaining purposes. |
180 | 11. Establishing a personnel system for all state |
181 | university employees; however, the Department of Management |
182 | Services shall retain authority over state university employees |
183 | for programs established in sections 110.123, 110.1232, |
184 | 110.1234, 110.1238, and 110.161, Florida Statutes, and in |
185 | chapters 121, 122, and 238, Florida Statutes. |
186 | 12. Complying with, and enforcing for institutions under |
187 | the board's jurisdiction, all applicable local, state, and |
188 | federal laws. |
189 | (c) Constitutional duties of the Legislature.--In |
190 | accordance with Section 3, Article II of the State Constitution, |
191 | which establishes the separation of powers of three branches of |
192 | government; Section 1, Article III of the State Constitution, |
193 | which vests the legislative power of the state in the |
194 | Legislature; Section 8, Article III of the State Constitution, |
195 | which provides the exclusive executive veto power of the |
196 | Governor and the exclusive veto override power of the |
197 | Legislature; Section 19, Article III of the State Constitution, |
198 | which requires the Legislature to enact state planning and |
199 | budget processes and requirements for budget requests by general |
200 | law; Section 1, Article VII of the State Constitution, which |
201 | requires that the authority to expend state funds be by general |
202 | law enacted by the Legislature; and Section 1, Article IX of the |
203 | State Constitution, which requires the Legislature to make |
204 | adequate provision by law for the "establishment, maintenance, |
205 | and operation of institutions of higher learning," the |
206 | Legislature has the following responsibilities: |
207 | 1. Making provision by law for the establishment, |
208 | maintenance, and operation of institutions of higher learning |
209 | and other public education programs that the needs of the people |
210 | may require. |
211 | 2. Appropriating all state funds through the General |
212 | Appropriations Act or other law. |
213 | 3. Establishing tuition and fees. |
214 | 4. Establishing policies relating to merit and need-based |
215 | student financial aid. |
216 | 5. Establishing policies relating to expenditure of, |
217 | accountability for, and management of funds appropriated by the |
218 | Legislature or revenues authorized by the Legislature. This |
219 | includes, but is not limited to, policies relating to: |
220 | budgeting, deposit of funds; investments; accounting; |
221 | purchasing, procurement, and contracting; insurance; audits; |
222 | maintenance and construction of facilities; property; bond |
223 | financing; leasing; and information reporting. |
224 | 6. Maintaining the actuarial and fiscal soundness of |
225 | centrally administered state systems by requiring state |
226 | universities to continue to participate in programs such as the |
227 | Florida Retirement System, the state group health insurance |
228 | programs, the state telecommunications and data network |
229 | (SUNCOM), and the state casualty insurance program. |
230 | 7. Establishing and regulating the use of state powers and |
231 | protections, including, but not limited to, eminent domain, |
232 | certified law enforcement, and sovereign immunity. |
233 | 8. Establishing policies relating to the health, safety, |
234 | and welfare of students, employees, and the public while present |
235 | on the campuses of institutions of higher learning. |
236 | (2) LEGISLATIVE INTENT.--It is the intent of the |
237 | Legislature to reenact laws relating to the Board of Governors |
238 | of the State University System, the university boards of |
239 | trustees, the State Board of Education, and the postsecondary |
240 | education system in accordance with the findings of this act. |
241 | Section 2. Subsection (17) is added to section 112.313, |
242 | Florida Statutes, to read: |
243 | 112.313 Standards of conduct for public officers, |
244 | employees of agencies, and local government attorneys.-- |
245 | (17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.--No |
246 | citizen member of the Board of Governors of the State University |
247 | System, nor any citizen member of a board of trustees of a local |
248 | constituent university, shall have or hold any employment or |
249 | contractual relationship as a legislative lobbyist requiring |
250 | annual registration and reporting pursuant to s. 11.045. |
251 | Section 3. This act shall take effect upon becoming a law. |