Senate Bill 2262
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
By Senator Holzendorf
2-1367-99
1 A bill to be entitled
2 An act relating to university student
3 governments; amending s. 97.021, F.S.;
4 redefining the term "qualifying educational
5 institution"; amending s. 120.81, F.S.;
6 providing for the Florida Student Association,
7 Inc., rather than the Council of Student Body
8 Presidents, to establish certain rules and
9 guidelines for judicial proceedings involving
10 students in the State University System;
11 providing that rules adopted by the student
12 government at a state university are not rules
13 under ch. 120, F.S.; amending s. 240.235, F.S.;
14 replacing the term "student government
15 association" with the term "student
16 government"; creating s. 240.236, F.S.;
17 creating a student government at each state
18 university; providing for the composition of
19 student governments and for their election;
20 providing guidelines for creating student
21 governments at branch campuses; providing for
22 student governments to adopt rules governing
23 the operation and administration of the student
24 government, the allocation and expenditure of
25 student activity and service fees, and the
26 election, appointment, and discipline of
27 officers of the student government; providing a
28 procedure for students to petition to hold a
29 referendum recommending the removal of a
30 student government officer; providing that the
31 university may not take certain actions with
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 respect to student government except as
2 provided in s. 240.261, F.S.; amending s.
3 240.295, F.S.; conforming terminology; amending
4 s. 240.533, F.S.; revising membership of the
5 Council on Equity in Athletics; amending s.
6 447.203, F.S.; redefining the term "student
7 representative"; conforming terminology;
8 amending s. 447.301, F.S.; providing for a
9 student representative who may be present at
10 certain employee bargaining sessions to be
11 appointed by the Florida Student Association,
12 Inc., rather than selected by the council of
13 student body presidents; repealing s. 240.136,
14 F.S., relating to the suspension and removal
15 from office of elected student government
16 officials; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (24) of section 97.021, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 97.021 Definitions.--For the purposes of this code,
23 except where the context clearly indicates otherwise, the
24 term:
25 (24) "Qualifying educational institution" means any
26 public or private educational institution receiving state
27 financial assistance which has, as its primary mission, the
28 provision of education or training to students who are at
29 least 18 years of age, if the provided such institution has
30 more than 200 students enrolled in classes with the
31 institution and if provided that the recognized student
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 government or student government association organization has
2 requested this designation in writing and has filed the
3 request with the office of the supervisor of elections in the
4 county in which the institution is located.
5 Section 2. Paragraph (f) of subsection (1) of section
6 120.81, Florida Statutes, is amended, and paragraph (k) is
7 added to that subsection, to read:
8 120.81 Exceptions and special requirements; general
9 areas.--
10 (1) EDUCATIONAL UNITS.--
11 (f) Sections 120.569 and 120.57 do not apply to any
12 proceeding in which the substantial interests of a student are
13 determined by the State University System or a community
14 college district. The Board of Regents shall establish a
15 committee, at least half of whom shall be appointed by the
16 Florida Student Association, Inc. Council of Student Body
17 Presidents, which shall establish rules and guidelines
18 ensuring fairness and due process in judicial proceedings
19 involving students in the State University System.
20 (k) Rules adopted by the student government at a state
21 university under s. 240.236 are not rules as defined in this
22 chapter.
23 Section 3. Subsection (1) of section 240.235, Florida
24 Statutes, 1998 Supplement, is amended to read:
25 240.235 Fees.--
26 (1) Each university may is authorized to establish
27 separate activity and service, health, and athletic fees.
28 When duly established, these the fees shall be collected as
29 component parts of the registration and tuition fees and shall
30 be retained by the university and paid into the separate
31 activity and service, health, and athletic funds.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 (a)1. Each university president shall establish a
2 student activity and service fee on the main campus of the
3 university. The university president may also establish a
4 student activity and service fee on any branch campus or
5 center. Any subsequent increase in the activity and service
6 fee must be recommended by an activity and service fee
7 committee, at least one-half of whom are students appointed by
8 the student body president. The remainder of the committee
9 shall be appointed by the university president. A
10 chairperson, appointed jointly by the university president and
11 the student body president, may shall vote only in the case of
12 a tie. The recommendations of the committee shall take effect
13 only after approval by the university president, after
14 consultation with the student body president, with final
15 approval by the Board of Regents. An increase in the activity
16 and service fee may occur only once each fiscal year and must
17 be implemented beginning with the fall term. The Board of
18 Regents is responsible for promulgating the rules and
19 timetables necessary to implement this fee.
20 2. The student activity and service fees shall be
21 expended for lawful purposes to benefit the student body in
22 general. These purposes This shall include, but are shall not
23 be limited to, student publications and grants to duly
24 recognized student organizations, the membership of which is
25 open to all students at the university without regard to race,
26 sex, or religion. The fund may not benefit activities for
27 which an admission fee is charged to students, except for
28 student-government-sponsored
29 student-government-association-sponsored concerts. The
30 allocation and expenditure of the fund shall be determined by
31 the student government association of the university, except
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 that the president of the university may veto any line item or
2 portion thereof within the budget when submitted by the
3 student government association legislative body. The
4 university president shall have 15 school days from the date
5 of presentation of the budget to act on the allocation and
6 expenditure recommendations, which shall be deemed approved if
7 no action is taken within the 15 school days. If any line item
8 or portion thereof within the budget is vetoed, the student
9 government association legislative body shall within 15 school
10 days make new budget recommendations for expenditure of the
11 vetoed portion of the fund. If the university president
12 vetoes any line item or portion thereof within the new budget
13 revisions, the university president may reallocate by line
14 item that vetoed portion to bond obligations guaranteed by
15 activity and service fees. Unexpended funds and undisbursed
16 funds remaining at the end of a fiscal year shall be carried
17 over and remain in the student activity and service fund and
18 be available for allocation and expenditure during the next
19 fiscal year.
20 (b) Each university president shall establish a
21 student health fee on the main campus of the university. The
22 university president may also establish a student health fee
23 on any branch campus or center. Any subsequent increase in the
24 health fee must be recommended by a health committee, at least
25 one-half of whom are students appointed by the student body
26 president. The remainder of the committee shall be appointed
27 by the university president. A chairperson, appointed jointly
28 by the university president and the student body president,
29 may shall vote only in the case of a tie. The recommendations
30 of the committee shall take effect only after approval by the
31 university president, after consultation with the student body
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 president, with final approval by the Board of Regents. An
2 increase in the health fee may occur only once each fiscal
3 year and must be implemented beginning with the fall term. The
4 Board of Regents is responsible for promulgating the rules and
5 timetables necessary to implement this fee.
6 (c) Each university president shall establish a
7 separate athletic fee on the main campus of the university.
8 The university president may also establish a separate
9 athletic fee on any branch campus or center. The initial
10 aggregate athletic fee at each university shall be equal to,
11 but may be no greater than, the 1982-1983 per-credit-hour
12 activity and service fee contributed to intercollegiate
13 athletics, including women's athletics, as provided by s.
14 240.533. Concurrently with the establishment of the athletic
15 fee, the activity and service fee shall experience a one-time
16 reduction equal to the initial aggregate athletic fee. Any
17 subsequent increase in the athletic fee must be recommended by
18 an athletic fee committee, at least one-half of whom are
19 students appointed by the student body president. The
20 remainder of the committee shall be appointed by the
21 university president. A chairperson, appointed jointly by the
22 university president and the student body president, may shall
23 vote only in the case of a tie. The recommendations of the
24 committee shall take effect only after approval by the
25 university president, after consultation with the student body
26 president, with final approval by the Board of Regents. An
27 increase in the athletic fee may occur only once each fiscal
28 year and must be implemented beginning with the fall term. The
29 Board of Regents is responsible for promulgating the rules and
30 timetables necessary to implement this fee.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 Section 4. Section 240.236, Florida Statutes, is
2 created to read:
3 240.236 University student governments.--
4 (1) There is created at each state university a
5 student government that shall be organized and maintained by
6 students as the official representative of the student body.
7 Each student government shall be composed of at least a
8 student body president and a student legislative body, both to
9 be elected by the student body. Interim vacancies may be
10 filled in a manner other than election as prescribed by the
11 student government. The university president may establish a
12 separate student government at a branch campus or center when
13 the annual total full-time-equivalent student enrollment at
14 the branch campus or center exceeds 1,200 if a majority of the
15 students at the branch campus or center sign a written
16 petition requesting that a student government be formed. Each
17 student government may adopt rules governing:
18 (a) The operation and administration of the student
19 government.
20 (b) The allocation and expenditure of student activity
21 and service fees under s. 240.235, including, but not limited
22 to, rules governing the payment of honoraria to campus
23 speakers offering controversial points of view.
24 (c) The election, appointment, and discipline of
25 officers of the student government. These rules must include a
26 process for the removal of an elected officer who is convicted
27 of a crime or found civilly liable for an act of moral
28 turpitude, after all available rights of judicial appeal have
29 been exercised or waived or have expired. This process must
30 include a procedure for the immediate suspension of the
31 officer following the conviction or civil finding and during
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 any appeal and must provide for a temporary successor to the
2 office pending completion of any appeal. The process must also
3 include a procedure by which students may petition for a
4 referendum recommending to the student government the removal
5 of an officer. The referendum must be held no more than 60
6 days after the petition is filed. A recommendation to remove
7 the officer must be made by majority vote of the students
8 participating in the referendum.
9 (2) The university may not disband or replace a
10 student government, nor suspend, remove, or otherwise
11 discipline an officer of the student government, except in
12 accordance with s. 240.261.
13 Section 5. Subsection (3) of section 240.295, Florida
14 Statutes, is amended to read:
15 240.295 State University System; authorization for
16 fixed capital outlay projects.--
17 (3) Other than those projects currently authorized, a
18 no project proposed by a university which is to be funded from
19 Capital Improvement Trust Fund fees or building fees may not
20 shall be submitted to the Board of Regents for approval
21 without prior consultation with the student government
22 association of that university. The Board of Regents shall
23 adopt promulgate rules that which are consistent with this
24 requirement.
25 Section 6. Subsections (1), (2), and (4) of section
26 240.531, Florida Statutes, are amended to read:
27 240.531 Establishment of educational research centers
28 for child development.--
29 (1) Upon approval of the university president, the
30 student government association of any university within the
31 State University System may establish an educational research
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 center for child development in accordance with the provisions
2 of this section. Each such center shall be a child day care
3 center established to provide care for the children of
4 students, both graduate and undergraduate, faculty, and other
5 staff and employees of the university and to provide an
6 opportunity for interested schools or departments of the
7 university to conduct educational research programs and
8 establish internship programs within such centers. Whenever
9 possible, such center shall be located on the campus of the
10 university. There shall be a director of each center,
11 selected by the board of directors of the center.
12 (2) There shall be a board of directors for each
13 educational research center for child development, consisting
14 of the president of the university or his or her designee, the
15 student body government president or his or her designee, the
16 chair of each department participating in the center or his or
17 her designee, and one parent for each 50 children enrolled in
18 the center, elected by the parents of children enrolled in the
19 center. The director of the center shall be an ex officio,
20 nonvoting member of the board. The board shall establish
21 local policies and perform local oversight and operational
22 guidance for the center.
23 (4) The Board of Regents shall adopt is authorized and
24 directed to promulgate rules governing for the establishment,
25 operation, and supervision of educational research centers for
26 child development. These Such rules must shall include, but
27 need not be limited to: a defined method of establishment of
28 and participation in the operation of centers by the
29 appropriate student governments government associations;
30 guidelines for the establishment of an intern program in each
31 center; and guidelines for the receipt and monitoring of funds
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 from grants and other sources of funds consistent with
2 existing laws.
3 Section 7. Paragraph (a) of subsection (2) of section
4 240.533, Florida Statutes, is amended to read:
5 240.533 Gender equity in intercollegiate athletics.--
6 (2) COUNCIL.--
7 (a) There is created within the Board of Regents the
8 Council on Equity in Athletics. The council shall meet at
9 least once, but not more than four times, annually. The
10 council is shall be composed of:
11 1. The Chancellor of the State University System or a
12 designee, who shall serve as chair of the council.
13 2. The Commissioner of Education or a designee.
14 3. A student appointed by the Florida Student
15 Association, Inc. The President of the State Council of
16 Student Body Presidents or a designee.
17 4. The Equal Employment Opportunity officer for the
18 Department of Education or a designee.
19 5. The director of the Office of Equal Opportunity
20 Programs for the Board of Regents.
21 6. One member from each institution within the State
22 University System, at least five of whom must shall be women.
23 Except for the Chancellor or his or her designee, the
24 Commissioner of Education or designee, the Equal Employment
25 Opportunity officer for the Department of Education, and the
26 Director of the Board of Regents Office of Equal Opportunity
27 Programs, and except for the student appointed by the Florida
28 Student Association, Inc. President of the State Council of
29 Student Body Presidents, or a designee, who shall be appointed
30 to a term of 1 year, the terms of council members appointed to
31 fill vacancies that which occur after August 1, 1991, shall be
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 as follows: three members shall be appointed for 2-year
2 terms; three members shall be appointed for 3-year terms; and
3 three members shall be appointed for 4-year terms. Upon
4 expiration of these members' terms of office, terms of office
5 shall be for 4 years. Institutional members must shall be
6 nominated by the university presidents and selected by the
7 Chancellor of the State University System. If In the event of
8 a vacancy occurs before the prior to expiration of a member's
9 term, the such vacancy must shall be filled by the Chancellor
10 of the State University System.
11 Section 8. Subsection (18) of section 447.203, Florida
12 Statutes, is amended to read:
13 447.203 Definitions.--As used in this part:
14 (18) "Student representative" means the representative
15 appointed selected by each community college student
16 government association and the Florida Student Association,
17 Inc. council of student body presidents. Each representative
18 may be present at all negotiating sessions which take place
19 between the appropriate public employer and an exclusive
20 bargaining agent. The Said representative must shall be
21 enrolled as a student with at least 8 credit hours in the
22 respective community college or in the State University System
23 during his or her term as student representative.
24 Section 9. Subsection (5) of section 447.301, Florida
25 Statutes, is amended to read:
26 447.301 Public employees' rights; organization and
27 representation.--
28 (5) In negotiations over the terms and conditions of
29 service and other matters affecting the working environment of
30 employees, or the learning environment of students, in
31 institutions of higher education, one student representative
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 appointed selected by the Florida Student Association, Inc.,
2 council of student body presidents may, at his or her
3 discretion, be present at all negotiating sessions which take
4 place between the Board of Regents and the bargaining agent
5 for an employee bargaining unit. In the case of community
6 colleges, the student government association of each college
7 shall establish procedures for the appointment selection of,
8 and shall appoint select, a student representative to be
9 present, at his or her discretion, at negotiations between the
10 bargaining agent of the employees and the board of trustees.
11 Each student representative shall have access to all written
12 draft agreements and all other written documents pertaining to
13 negotiations exchanged by the appropriate public employer and
14 the bargaining agent, including a copy of any prepared written
15 transcripts of any negotiating session. Each student
16 representative has shall have the right at reasonable times
17 during the negotiating session to comment to the parties and
18 to the public upon the impact of proposed agreements on the
19 educational environment of students. Each student
20 representative has shall have the right to be accompanied by
21 alternates or aides, not to exceed a combined total of two in
22 number. Each student representative is shall be obligated to
23 participate in good faith during all negotiations and is shall
24 be subject to the rules and regulations of the Public
25 Employees Relations Commission. The student representatives
26 shall have neither voting nor veto power in any negotiation,
27 action, or agreement. The state or any branch, agency,
28 division, agent, or institution of the state may shall not
29 expend any moneys from any source for the payment of
30 reimbursement for travel expenses or per diem to aides,
31 alternates, or student representatives participating in,
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2262
2-1367-99
1 observing, or contributing to any negotiating sessions between
2 the bargaining parties; however, this limitation does not
3 apply to the use of student activity and service fees for the
4 reimbursement of travel expenses and per diem to the
5 university student representative, aides, or alternates
6 participating in the aforementioned negotiations between the
7 Board of Regents and the bargaining agent for an employee
8 bargaining unit.
9 Section 10. Section 240.136, Florida Statutes, as
10 created by section 55 of chapter 98-421, Laws of Florida, is
11 repealed.
12 Section 11. This act shall take effect July 1, 1999.
13
14 *****************************************
15 SENATE SUMMARY
16 Revises provisions relating to university student
governments, including provisions relating to the
17 suspension and removal of student government members and
provisions relating to the expenditure of student fees.
18 (See bill for details.)
19
20
21
22
23
24
25
26
27
28
29
30
31
13