HB 1001

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17	K-20 system and repealed the Florida Board of Regents, an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
124	Be It Enacted by the Legislature of the State of Florida:
125
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.

CODING: Words stricken are deletions; words underlined are additions.