Florida Senate - 2025                              CS for SB 312
       
       
        
       By the Committee on Education Postsecondary; and Senators Gaetz
       and Harrell
       
       
       
       
       589-02244-25                                           2025312c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Institute for Human and
    3         Machine Cognition, Inc.; amending s. 1004.447, F.S.;
    4         requiring the board of directors of the Florida
    5         Institute for Human and Machine Cognition, Inc.,
    6         rather than the Board of Governors, to authorize the
    7         creation of a subsidiary of the corporation; requiring
    8         that the articles of incorporation of the corporation,
    9         rather than of the corporation and any authorized and
   10         approved subsidiary, be approved in a written
   11         agreement by the Board of Governors; revising the
   12         composition of the board of directors of the
   13         corporation; requiring the corporation, rather than
   14         the Board of Trustees of the University of West
   15         Florida, to certify specified information annually to
   16         the Governor and Legislature; amending s. 1004.4471,
   17         F.S.; authorizing subsidiaries of the corporation to
   18         enter into certain affiliation agreements; providing
   19         an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (b) of subsection (1), subsection (4),
   24  paragraph (a) of subsection (5), and subsection (9) of section
   25  1004.447, Florida Statutes, are amended to read:
   26         1004.447 Florida Institute for Human and Machine Cognition,
   27  Inc.—
   28         (1)
   29         (b) The corporation is authorized to create not-for-profit
   30  corporate subsidiaries that are organized under the provisions
   31  of chapter 617 upon the prior approval of its board of directors
   32  the Board of Governors, as necessary, to fulfill its mission.
   33         (4) The articles of incorporation of the corporation or any
   34  authorized and approved subsidiary must be approved in a written
   35  agreement by the Board of Governors. The agreement and the
   36  articles of incorporation must shall:
   37         (a) Provide that the corporation and any authorized and
   38  approved subsidiary shall provide equal employment opportunities
   39  for all persons regardless of race, color, religion, gender,
   40  national origin, age, handicap, or marital status.
   41         (b) Provide that the corporation and any authorized and
   42  approved subsidiary are subject to the public records and
   43  meeting requirements of s. 24, Art. I of the State Constitution.
   44         (c) Provide that all officers, directors, and employees of
   45  the corporation and any authorized and approved subsidiary shall
   46  be governed by the code of ethics for public officers and
   47  employees as set forth in part III of chapter 112.
   48         (d) Provide that members of the board of directors of the
   49  corporation are responsible for the prudent use of all public
   50  and private funds and that they will ensure that the use of
   51  funds is in accordance with all applicable laws, bylaws, and
   52  contractual requirements.
   53         (e) Provide that the fiscal year of the corporation and any
   54  authorized and approved subsidiary is from July 1 to June 30.
   55         (5) The affairs of the corporation shall be managed by a
   56  board of directors who shall serve without compensation. Each
   57  director shall have only one vote.
   58         (a) The board of directors shall consist of:
   59         1. The chair of the Board of Governors or the chair’s
   60  designee.
   61         2. The chair of the Board of Trustees of the University of
   62  West Florida or the chair’s designee.
   63         3. The President of the University of West Florida or the
   64  president’s designee.
   65         3.4. Three state university representatives.
   66         4.5.Ten Nine public representatives who are neither state
   67  university employees nor state employees.
   68         (9) The corporation Board of Trustees of the University of
   69  West Florida shall annually certify to the Governor, the
   70  President of the Senate, the Speaker of the House of
   71  Representatives, and the Board of Governors that the corporation
   72  and its authorized subsidiaries are complying with the
   73  requirements of this section and are acting in the best
   74  interests of the state.
   75         Section 2. Section 1004.4471, Florida Statutes, is amended
   76  to read:
   77         1004.4471 Florida Institute for Human and Machine
   78  Cognition; affiliation with other universities.—The corporation
   79  created pursuant to s. 1004.447(1) and any authorized and
   80  approved subsidiary of the corporation may enter into
   81  affiliation agreements similar to the agreement described in s.
   82  1004.447(6) with the boards of trustees of other public or
   83  private universities.
   84         Section 3. This act shall take effect July 1, 2025.