Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1726
       
       
       
       
       
       
                                Ì2619907Î261990                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2025           .                                
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       The Appropriations Committee on Higher Education (Calatayud)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 20.701, Florida Statutes, is created to
    6  read:
    7         20.701 Residency requirements.—Notwithstanding any other
    8  law:
    9         (1)Effective January 6, 2027, each member of a state
   10  university board of trustees must be a United States citizen and
   11  either a resident of this state or a graduate of the university,
   12  the administration of which is overseen by the board. The office
   13  of any member who does not meet the requirements of this
   14  subsection is automatically deemed vacant.
   15         (2)Effective January 6, 2027, each member of the Board of
   16  Governors must be a United States citizen and either a resident
   17  of this state or a graduate of a state university, as defined in
   18  s. 1000.21. The office of any member of the Board of Governors
   19  who does not meet the requirements of this subsection is
   20  automatically deemed vacant.
   21         Section 2. Paragraph (f) is added to subsection (1) of
   22  section 112.3144, Florida Statutes, to read:
   23         112.3144 Full and public disclosure of financial
   24  interests.—
   25         (1)
   26         (f)Beginning January 1, 2026, each citizen member of the
   27  Board of Governors of the State University System must comply
   28  with the financial disclosure requirements of this section and
   29  s. 8, Art. II of the State Constitution.
   30         Section 3. Subsections (1) and (2) of section 1001.01,
   31  Florida Statutes, are amended to read:
   32         1001.01 State Board of Education; generally.—
   33         (1) The State Board of Education is established as a body
   34  corporate. The state board shall be a citizen board consisting
   35  of seven members who are residents of the state appointed by the
   36  Governor to staggered 4-year terms, subject to confirmation by
   37  the Senate. Members of the state board shall serve without
   38  compensation but shall be entitled to reimbursement of travel
   39  and per diem expenses in accordance with s. 112.061. Members may
   40  only serve two be reappointed by the Governor for additional
   41  terms not to exceed 8 years of consecutive service.
   42         (2) The State Board of Education shall select a chair and a
   43  vice chair from its appointed members. The chair shall serve a
   44  single 2-year term and may be reselected for one additional
   45  consecutive term.
   46         Section 4. Subsections (2) and (4) of section 1001.61,
   47  Florida Statutes, are amended to read:
   48         1001.61 Florida College System institution boards of
   49  trustees; membership.—
   50         (2) Trustees shall be appointed by the Governor to
   51  staggered 4-year terms, subject to confirmation by the Senate in
   52  regular session. A trustee may continue to serve until a
   53  successor is appointed. Trustees may be reappointed by the
   54  Governor for one additional term, not to exceed 8 consecutive
   55  years of service.
   56         (4) At its first regular meeting after July 1 of each year,
   57  each Florida College System institution board of trustees shall
   58  organize by electing a chair, whose duty as such is to preside
   59  at all meetings of the board, to call special meetings thereof,
   60  and to attest to actions of the board, and a vice chair, whose
   61  duty as such is to act as chair during the absence or disability
   62  of the elected chair. It is the further duty of the chair of
   63  each board of trustees to notify the Governor, in writing,
   64  whenever a board member fails to attend three consecutive
   65  regular board meetings in any one fiscal year, which absences
   66  may be grounds for removal. The chair shall serve a single 2
   67  year term.
   68         Section 5. Subsection (19) of section 1001.64, Florida
   69  Statutes, is amended to read:
   70         1001.64 Florida College System institution boards of
   71  trustees; powers and duties.—
   72         (19) Each board of trustees shall appoint, suspend, or
   73  remove the president of the Florida College System institution.
   74  Such appointments, reappointments, suspensions, and extensions
   75  of a president, including associated contracts, are not subject
   76  to approval or confirmation by the State Board of Education. In
   77  appointing a permanent president, the chair of the institution’s
   78  board of trustees shall appoint a presidential search committee.
   79  The presidential search committee shall be composed of at least
   80  two members of the board of trustees and may include persons
   81  from the institution’s faculty, student body, foundation board,
   82  financing corporation board, if applicable, alumni, donors, and
   83  members from the community the institution serves. However, none
   84  of the persons appointed to serve on the presidential search
   85  committee may hold positions that report directly to the
   86  president. The Commissioner of Education or a member of the
   87  State Board of Education may not serve on a presidential search
   88  committee. The permanent president appointed by the
   89  institution’s board of trustees must be recommended by the
   90  presidential search committee The board of trustees may appoint
   91  a search committee. The board of trustees shall conduct annual
   92  evaluations of the president in accordance with rules of the
   93  State Board of Education and submit such evaluations to the
   94  State Board of Education for review. The evaluation must address
   95  the achievement of the performance goals established by the
   96  accountability process implemented pursuant to s. 1008.45. A
   97  presidential contract may be renewed for a term exceeding 1
   98  year, but not exceeding the term of the original contract.
   99         Section 6. Subsection (1) of section 1001.70, Florida
  100  Statutes, is amended to read:
  101         1001.70 Board of Governors of the State University System.—
  102         (1) Pursuant to s. 7(d), Art. IX of the State Constitution,
  103  the Board of Governors is established as a body corporate
  104  composed comprised of 17 members as follows: 14 citizen members
  105  appointed by the Governor subject to confirmation by the Senate;
  106  the Commissioner of Education; the chair of the advisory council
  107  of faculty senates or the equivalent; and the president of the
  108  Florida student association or the equivalent. The appointed
  109  members may only shall serve a single staggered 7-year term
  110  terms. In order to achieve staggered terms, beginning July 1,
  111  2003, of the initial appointments, 4 members shall serve 2-year
  112  terms, 5 members shall serve 3-year terms, and 5 members shall
  113  serve 7-year terms.
  114         Section 7. Paragraph (a) of subsection (5), paragraph (a)
  115  of subsection (6), and paragraph (c) of subsection (12) of
  116  section 1001.706, Florida Statutes, are amended, and paragraph
  117  (k) is added to subsection (3) of that section, to read:
  118         1001.706 Powers and duties of the Board of Governors.—
  119         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  120  OPERATION OF STATE UNIVERSITIES.—
  121         (k) The Board of Governors shall adopt regulations
  122  prohibiting universities that conduct public opinion survey
  123  research from polling activities related to candidates for any
  124  federal, state, or local office. A university may conduct survey
  125  research to measure opinions and inform the public about social,
  126  political, and economic issues unrelated to candidate
  127  preference.
  128         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  129         (a)1. The Legislature intends that the Board of Governors
  130  shall align the missions of each constituent university with the
  131  academic success of its students; the existing and emerging
  132  economic development needs of the state; the national reputation
  133  of its faculty and its academic and research programs; the
  134  quantity of externally generated research, patents, and
  135  licenses; and the strategic and accountability plans required in
  136  paragraphs (b) and (c). The Board of Governors shall
  137  periodically review the mission of each constituent university
  138  and make updates or revisions as needed. Upon completion of a
  139  review of the mission, the board shall review existing academic
  140  programs, including admission criteria, for alignment with the
  141  mission. The board shall include in its review a directive to
  142  each constituent university regarding its programs for any
  143  curriculum or admission criteria that violates s. 1000.05 or
  144  that is based on theories that systemic racism, sexism,
  145  oppression, and privilege are inherent in the institutions of
  146  the United States and were created to maintain social,
  147  political, and economic inequities. The mission alignment and
  148  strategic plan must consider peer institutions at the
  149  constituent universities. The mission alignment and strategic
  150  plan must acknowledge that universities that have a national and
  151  international impact have the greatest capacity to promote the
  152  state’s economic development through: new discoveries, patents,
  153  licenses, and technologies that generate state businesses of
  154  global importance; research achievements through external grants
  155  and contracts that are comparable to nationally recognized and
  156  ranked universities; the creation of a resource rich academic
  157  environment that attracts high-technology business and venture
  158  capital to the state; and this generation’s finest minds
  159  focusing on solving the state’s economic, social, environmental,
  160  and legal problems in the areas of life sciences, water,
  161  sustainability, energy, and health care. A nationally recognized
  162  and ranked university that has a global perspective and impact
  163  must be afforded the opportunity to enable and protect the
  164  university’s competitiveness on the global stage in fair
  165  competition with other institutions of other states in the
  166  highest Carnegie Classification.
  167         2.To assist the Board of Governors in its review of
  168  admission criteria, each constituent university shall post
  169  program admission criteria on its website.
  170         (6) POWERS AND DUTIES RELATING TO PERSONNEL.—
  171         (a) The Board of Governors, or the board’s designee, shall
  172  establish the personnel program for all employees of a state
  173  university, except the president. The board of trustees of a
  174  state university shall select and reappoint the university
  175  president. In appointing a permanent president, the chair of the
  176  university board of trustees shall appoint a presidential search
  177  committee. The presidential search committee shall be composed
  178  of 15 members, of whom at least three must be members of the
  179  board of trustees, and may include persons from the university’s
  180  faculty, the student body, the university’s foundation board,
  181  the university’s financing corporation board, if applicable,
  182  alumni, donors, and members from the community in which the
  183  university serves. However, none of the persons appointed to
  184  serve on the presidential search committee may hold positions
  185  that report directly to the president. The Chancellor of the
  186  State University System or a member of the Board of Governors
  187  may not serve on the presidential search committee. The
  188  permanent president selected by the board of trustees must have
  189  been recommended by the presidential search committee.
  190  Selections, reappointments, and extensions of a president,
  191  including associated contracts, are not subject to approval or
  192  confirmation by the Board of Governors. A presidential contract
  193  may be renewed for a term exceeding 1 year, but not exceeding
  194  the term of the original contract. The Board of Governors shall
  195  confirm the presidential selection and reappointment by a
  196  university board of trustees as a means of acknowledging that
  197  system cooperation is expected.
  198         (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  199  Governors shall submit the prioritized list as required by s.
  200  1013.64(4). Projects considered for prioritization shall be
  201  chosen from a preliminary selection group which shall include
  202  the list of projects maintained pursuant to paragraph (d) and
  203  the top two priorities of each state university.
  204         (c) A new construction, remodeling, or renovation project
  205  that has not received an appropriation in a previous year may
  206  shall not be considered for inclusion on the prioritized list
  207  required by s. 1013.64(4), unless:
  208         1. A plan is provided to reserve funds in an escrow
  209  account, specific to the project, into which shall be deposited
  210  each year an amount of funds equal to 1 percent of the total
  211  value of the building for future maintenance;
  212         2. There exists sufficient capacity within the cash and
  213  bonding estimate of funds by the Revenue Estimating Conference
  214  to accommodate the project within the 3-year Public Education
  215  Capital Outlay funding cycle; and
  216         3. The project has been recommended pursuant to s. 1013.31.
  217         Section 8. Subsection (1) of section 1001.71, Florida
  218  Statutes, is amended to read:
  219         1001.71 University boards of trustees; membership.—
  220         (1) Pursuant to s. 7(c), Art. IX of the State Constitution,
  221  each local constituent university shall be administered by a
  222  university board of trustees composed comprised of 13 members as
  223  follows: 6 citizen members appointed by the Governor subject to
  224  confirmation by the Senate; 5 citizen members appointed by the
  225  Board of Governors subject to confirmation by the Senate; the
  226  chair of the faculty senate or the equivalent; and the president
  227  of the student body of the university. The appointed members
  228  shall serve staggered 5-year terms. Appointed members may be
  229  reappointed for one additional term, not to exceed 10 years of
  230  consecutive service. In order to achieve staggered terms,
  231  beginning July 1, 2003, of the initial appointments by the
  232  Governor, 2 members shall serve 2-year terms, 3 members shall
  233  serve 3-year terms, and 1 member shall serve a 5-year term and
  234  of the initial appointments by the Board of Governors, 2 members
  235  shall serve 2-year terms, 2 members shall serve 3-year terms,
  236  and 1 member shall serve a 5-year term. There shall be no state
  237  residency requirement for university board members, but The
  238  Governor and the Board of Governors shall consider diversity and
  239  regional representation when appointing members. An appointed
  240  board member may continue to serve until a successor is
  241  appointed. Beginning July 2, 2020, For purposes of this
  242  subsection, regional representation includes shall include the
  243  chair of a campus board established pursuant to s. 1004.341.
  244         Section 9. Subsections (1) and (5) of section 1004.085,
  245  Florida Statutes, are amended to read:
  246         1004.085 Textbook and instructional materials affordability
  247  and transparency.—
  248         (1) As used in this section, the term:,
  249         (a)The term “Instructional materials” means educational
  250  materials for use within a course which may be available in
  251  printed or digital format.
  252         (b)“Syllabus” or “syllabi” means the course syllabus or
  253  syllabi developed by the instructor assigned to the course.
  254         (c)“Term” includes the fall, spring, and summer terms.
  255         (5)(a) Each Florida College System institution and state
  256  university shall post prominently in the course registration
  257  system and on its website a hyperlink to lists of required and
  258  recommended textbooks and instructional materials for at least
  259  95 percent of all courses and course sections offered at the
  260  institution during the upcoming term. The lists must include the
  261  International Standard Book Number (ISBN) for each required and
  262  recommended textbook and instructional material or other
  263  identifying information, which must include, at a minimum, all
  264  of the following: the title, all authors listed, publishers,
  265  edition number, copyright date, published date, and other
  266  relevant information necessary to identify the specific
  267  textbooks or instructional materials required and recommended
  268  for each course. The lists must include those materials that are
  269  open access or an open educational resource for which there is
  270  no cost, must include a unique identifier, if available, and
  271  must include any relevant information necessary to identify the
  272  specific resource. The State Board of Education and the Board of
  273  Governors shall include in the policies, procedures, and
  274  guidelines adopted under subsection (6) certain limited
  275  exceptions to this notification requirement for classes added
  276  after the notification deadline.
  277         (b) The lists of required and recommended textbooks and
  278  instructional materials required in paragraph (a) must be, to
  279  the maximum extent possible, based on a list submitted by the
  280  instructor and must:
  281         1. Be posted as early as is feasible but at least 45 days
  282  before the first day of class for each term.
  283         2. Remain posted for at least 5 academic years.
  284         3. Be searchable by the general education status, the
  285  course subject, the course section, the course number, the
  286  course title, the name of the instructor of the course, the
  287  title of each assigned textbook or instructional material, and
  288  each author of an assigned textbook or instructional material.
  289         4.Include the duration of any license allowing access to
  290  the textbook or instructional material for which students must
  291  purchase or pay for access.
  292         5.4. Be easily downloadable by current and prospective
  293  students.
  294         (c) To maximize informed student choice, courses If a
  295  course subject to paragraphs (a) and (b) must include the
  296  current is a general education core course option identified
  297  pursuant to s. 1007.25, course syllabi posted in the same
  298  location as the postings of required and recommended textbooks
  299  and instructional materials at least 10 business days before the
  300  start of the term. Individualized courses, such as directed
  301  individual studies, thesis, dissertation defense, and
  302  performance, are exempt from this requirement. Each syllabus
  303  must contain syllabi information containing sufficient detail to
  304  inform students of all of the following must be included:
  305         1. The course curriculum, including the required and
  306  recommended textbooks and instructional materials regardless of
  307  cost or whether the materials are open access or an open
  308  educational resource.
  309         2. Specific The goals, objectives, and student expectations
  310  of the course.
  311         3. How student performance will be evaluated, including the
  312  grading scale and methodology measured.
  313         Section 10. Subsection (15) is added to section 1007.25,
  314  Florida Statutes, to read:
  315         1007.25 General education courses; common prerequisites;
  316  other degree requirements.—
  317         (15)A Florida College System institution or state
  318  university may not impose an institution-wide or university-wide
  319  graduation requirement that includes a course in conflict with
  320  paragraph (3)(c).
  321         Section 11. Subsection (1) of section 1011.47, Florida
  322  Statutes, is amended to read:
  323         1011.47 Auxiliary enterprises; contracts, grants, and
  324  donations.—As used in s. 19(f)(3), Art. III of the State
  325  Constitution, the term:
  326         (1)(a) “Auxiliary enterprises” includes activities that
  327  directly or indirectly provide a product or a service, or both,
  328  to a university or its students, faculty, or staff and for which
  329  a charge is made. These auxiliary enterprises are business
  330  activities of a university which require no support from the
  331  General Revenue Fund, and include activities such as housing,
  332  bookstores, student health services, continuing education
  333  programs, food services, college stores, operation of vending
  334  machines, specialty shops, day care centers, golf courses,
  335  student activities programs, data center operations, and
  336  intercollegiate athletics programs.
  337         (b)Each university board of trustees may determine whether
  338  its auxiliary enterprises, including intercollegiate athletics
  339  programs, will be self-supporting on an individual or collective
  340  basis. A university board of trustees may approve the transfer
  341  of unreserved cash from one auxiliary enterprise to support
  342  another auxiliary enterprise as long as such transfer does not
  343  reduce revenues necessary to cover all expenditures of the
  344  auxiliary enterprise, violate any bond covenants, or impact debt
  345  service payments and required reserves. Transfers made under
  346  this paragraph must be reported to the Board of Governors
  347  annually. This paragraph expires June 30, 2030.
  348         Section 12. Except as otherwise expressly provided in this
  349  act and except for this section, which shall take effect upon
  350  becoming a law, this act shall take effect July 1, 2025.
  351  
  352  ================= T I T L E  A M E N D M E N T ================
  353  And the title is amended as follows:
  354         Delete everything before the enacting clause
  355  and insert:
  356                        A bill to be entitled                      
  357         An act relating to higher education; creating s.
  358         20.701, F.S.; requiring members of a state university
  359         board of trustees and members of the Board of
  360         Governors to be United States citizens and either
  361         residents of this state or graduates of a state
  362         university beginning on a specified date; providing
  363         that specified offices are deemed vacant under certain
  364         circumstances; amending s. 112.3144, F.S.; requiring
  365         certain members of the Board of Governors to comply
  366         with specified financial disclosure requirements
  367         beginning on a specified date; amending s. 1001.01,
  368         F.S.; revising term limits for members and the chair
  369         of the State Board of Education; amending s. 1001.61,
  370         F.S.; providing term limits for members and the chairs
  371         of the Florida College System institution boards of
  372         trustees; authorizing trustees to serve until the
  373         appointment of a successor; amending s. 1001.64, F.S.;
  374         providing that certain actions related to the
  375         president of a Florida College System institution are
  376         not subject to approval by the State Board of
  377         Education; requiring that a presidential search
  378         committee be appointed to make the appointment of such
  379         president; providing requirements for such committee;
  380         requiring that such president be recommended by the
  381         committee; authorizing the renewal of a presidential
  382         contract for a specified period; amending s. 1001.70,
  383         F.S.; providing term limits for appointed members of
  384         the Board of Governors; amending s. 1001.706, F.S.;
  385         requiring the Board of Governors to adopt regulations
  386         regarding state university public opinion survey
  387         research; requiring the Board of Governors to review
  388         the admission criteria of state universities;
  389         requiring that state university program admission
  390         criteria be posted on state university websites;
  391         providing that the president of a state university is
  392         appointed by the university board of trustees;
  393         requiring that a presidential search committee be
  394         appointed to make the appointment of such president;
  395         providing requirements for such committee; requiring
  396         that such president be recommended by the committee;
  397         authorizing the renewal of a presidential contract for
  398         a specified period; deleting a requirement that the
  399         Board of Governors confirm the selection and
  400         reappointment of such president; revising the
  401         requirements for certain state university capital
  402         outlay projects to be included on a specified list;
  403         amending s. 1001.71, F.S.; providing term limits for
  404         appointed members of university boards of trustees;
  405         deleting obsolete language and a certain consideration
  406         for appointed members; authorizing appointed members
  407         to serve until a successor is appointed; amending s.
  408         1004.085, F.S.; defining the terms “syllabus” or
  409         “syllabi” and “term”; adding certain materials to
  410         lists of textbooks and instructional materials;
  411         requiring that the current syllabi for specified
  412         courses be posted as a hyperlink in a specified system
  413         and include specified information; amending s.
  414         1007.25, F.S.; prohibiting a Florida College System
  415         institution or state university from imposing a
  416         certain graduation requirement; amending s. 1011.47,
  417         F.S.; authorizing a university board of trustees to
  418         approve the transfer of unreserved cash from one
  419         auxiliary enterprise to support another auxiliary
  420         enterprise under certain conditions; providing
  421         effective dates.