House Bill hb1511c1

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    Florida House of Representatives - 2001             CS/HB 1511

        By the Council for Lifelong Learning and Representatives
    Waters, Gannon, Frankel, Machek, McGriff, Melvin, Attkisson,
    Betancourt, Richardson, Heyman, Henriquez, Maygarden and
    Wallace



  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 240.235, F.S.; requiring the

  4         approval of certain student fee modifications,

  5         rather than just increases, by certain

  6         committees; changing language to conform with

  7         other provisions of the bill; creating ss.

  8         240.236 and 240.336, F.S.; providing for the

  9         establishment of student governments at each

10         state university and community college with the

11         authority to establish certain procedures and

12         to provide for the election or removal of

13         student government officers; providing powers

14         and duties; providing for suspension or removal

15         from office under certain circumstances;

16         amending ss. 240.295, 240.382, 240.531,

17         447.203, and 447.301, F.S.; conforming language

18         to other provisions of the act and Florida law;

19         repealing s. 240.136, F.S., relating to the

20         removal and suspension of student government

21         officers; providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsection (1) of section 240.235, Florida

26  Statutes, is amended to read:

27         240.235  Fees.--

28         (1)  Each university may is authorized to establish

29  separate activity and service, health, and athletic fees.

30  When duly established, these the fees shall be collected as

31  component parts of the registration and tuition fees and shall

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  1  be retained by the university and paid into the separate

  2  activity and service, health, and athletic funds.

  3         (a)1.  Each university president shall establish a

  4  student activity and service fee on the main campus of the

  5  university.  The university president may also establish a

  6  student activity and service fee on any branch campus or

  7  center.  Any subsequent modification increase in the activity

  8  and service fee must be recommended by an activity and service

  9  fee committee, at least one-half of whom are students

10  appointed by the student body president.  The remainder of the

11  committee shall be appointed by the university president.  A

12  chairperson, appointed jointly by the university president and

13  the student body president, may shall vote only in the case of

14  a tie.  The recommendations of the committee shall take effect

15  only after approval by the university president, after

16  consultation with the student body president, with final

17  approval by the Board of Regents.  An increase in the activity

18  and service fee may occur only once each fiscal year and must

19  be implemented beginning with the fall term. The Board of

20  Regents is responsible for promulgating the rules and

21  timetables necessary to implement this fee.

22         2.  The student activity and service fees shall be

23  expended for lawful purposes to benefit the student body in

24  general.  These purposes This shall include, but are shall not

25  be limited to, student publications and grants to duly

26  recognized student organizations, the membership of which is

27  open to all students at the university without regard to race,

28  sex, or religion.  The fund may not benefit activities for

29  which an admission fee is charged to students, except for

30  student-government-sponsored

31  student-government-association-sponsored concerts.  The

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  1  allocation and expenditure of the fund shall be determined by

  2  the student government association of the university, except

  3  that the president of the university may veto any line item or

  4  portion thereof within the budget when submitted by the

  5  student government association legislative body.  The

  6  university president shall have 15 school days from the date

  7  of presentation of the budget to act on the allocation and

  8  expenditure recommendations, which shall be deemed approved if

  9  no action is taken within the 15 school days. If any line item

10  or portion thereof within the budget is vetoed, the student

11  government association legislative body shall within 15 school

12  days make new budget recommendations for expenditure of the

13  vetoed portion of the fund.  If the university president

14  vetoes any line item or portion thereof within the new budget

15  revisions, the university president may reallocate by line

16  item that vetoed portion to bond obligations guaranteed by

17  activity and service fees. Unexpended funds and undisbursed

18  funds remaining at the end of a fiscal year shall be carried

19  over and remain in the student activity and service fund and

20  be available for allocation and expenditure during the next

21  fiscal year.

22         (b)  Each university president shall establish a

23  student health fee on the main campus of the university.  The

24  university president may also establish a student health fee

25  on any branch campus or center. Any subsequent modification

26  increase in the health fee must be recommended by a health

27  committee, at least one-half of whom are students appointed by

28  the student body president. The remainder of the committee

29  shall be appointed by the university president.  A

30  chairperson, appointed jointly by the university president and

31  the student body president, may shall vote only in the case of

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  1  a tie.  The recommendations of the committee shall take effect

  2  only after approval by the university president, after

  3  consultation with the student body president, with final

  4  approval by the Board of Regents.  An increase in the health

  5  fee may occur only once each fiscal year and must be

  6  implemented beginning with the fall term. The Board of Regents

  7  is responsible for promulgating the rules and timetables

  8  necessary to implement this fee.

  9         (c)  Each university president shall establish a

10  separate athletic fee on the main campus of the university.

11  The university president may also establish a separate

12  athletic fee on any branch campus or center.  The initial

13  aggregate athletic fee at each university shall be equal to,

14  but may be no greater than, the 1982-1983 per-credit-hour

15  activity and service fee contributed to intercollegiate

16  athletics, including women's athletics, as provided by s.

17  240.533.  Concurrently with the establishment of the athletic

18  fee, the activity and service fee shall experience a one-time

19  reduction equal to the initial aggregate athletic fee. Any

20  subsequent modification increase in the athletic fee must be

21  recommended by an athletic fee committee, at least one-half of

22  whom are students appointed by the student body president.

23  The remainder of the committee shall be appointed by the

24  university president.  A chairperson, appointed jointly by the

25  university president and the student body president, may shall

26  vote only in the case of a tie.  The recommendations of the

27  committee shall take effect only after approval by the

28  university president, after consultation with the student body

29  president, with final approval by the Board of Regents.  An

30  increase in the athletic fee may occur only once each fiscal

31  year and must be implemented beginning with the fall term. The

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  1  Board of Regents is responsible for promulgating the rules and

  2  timetables necessary to implement this fee.

  3         Section 2.  Section 240.236, Florida Statutes, is

  4  created to read:

  5         240.236  University student governments.--

  6         (1)  There is created within each state university a

  7  student government that shall be organized and maintained by

  8  students as the official representatives of the student body.

  9  Each student government shall be composed of at least a

10  student body president and a student legislative body. Interim

11  vacancies may be filled in a manner other than election as

12  prescribed by the student government. Each student government

13  may adopt internal procedures governing:

14         (a)  The operation and administration of the student

15  government.

16         (b)  The election, appointment, removal, and discipline

17  of officers of the student government.

18         (c)  The execution of all other duties as prescribed to

19  the student government by law.

20         (2)  Any elected officer of the student government of a

21  state university may be removed from office by the majority

22  vote of students participating in a referendum held pursuant

23  to the provisions of this section. The student government

24  shall develop a procedure for students to petition for a

25  referendum to remove from office an elected officer of the

26  student government. The grounds for removal of a student

27  government officer by petition must be expressly contained in

28  the petition and are limited to the following:  malfeasance,

29  misfeasance, neglect of duty, incompetence, permanent

30  inability to perform official duties, or conviction of a

31

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  1  felony. The referendum must be held no more than 60 days after

  2  the filing of the petition.

  3         (3)  The student government shall develop procedures

  4  providing for the suspension and removal of an elected student

  5  government officer following the conviction of that officer of

  6  a felony.

  7         (4)  Each student government is a part of the

  8  university at which it is established. The internal procedures

  9  adopted by the student government under this section are

10  subject to final approval by the university president.

11         Section 3.  Subsection (3) of section 240.295, Florida

12  Statutes, is amended to read:

13         240.295  State University System; authorization for

14  fixed capital outlay projects.--

15         (3)  Other than those projects currently authorized, no

16  project proposed by a university which is to be funded from

17  Capital Improvement Trust Fund fees or building fees shall be

18  submitted to the Board of Regents for approval without prior

19  consultation with the student government association of that

20  university.  The Board of Regents shall promulgate rules which

21  are consistent with this requirement.

22         Section 4.  Section 240.336, Florida Statutes, is

23  created to read:

24         240.336  Community college student governments.--

25         (1)  There is created within each community college a

26  student government that shall be organized and maintained by

27  students as the official representatives of the student body.

28  Each student government shall be composed of at least a

29  student body president and a student legislative body. Interim

30  vacancies may be filled in a manner other than election as

31

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  1  prescribed by the student government. Each student government

  2  may adopt internal procedures governing:

  3         (a)  The operation and administration of the student

  4  government.

  5         (b)  The election, appointment, removal, and discipline

  6  of officers of the student government.

  7         (c)  The execution of all other duties as prescribed to

  8  the student government by law.

  9         (2)  Any elected officer of the student government of a

10  community college may be removed from office by the majority

11  vote of students participating in a referendum held pursuant

12  to the provisions of this section. The student government

13  shall develop a procedure for students to petition for a

14  referendum to remove from office an elected officer of the

15  student government. The grounds for removal of a student

16  government officer by petition must be expressly contained in

17  the petition and are limited to the following:  malfeasance,

18  misfeasance, neglect of duty, incompetence, permanent

19  inability to perform official duties, or conviction of a

20  felony. The referendum must be held no more than 60 days after

21  the filing of the petition.

22         (3)  The student government shall develop procedures

23  providing for the suspension and removal of an elected student

24  government officer following the conviction of that officer of

25  a felony.

26         (4)  Each student government is a part of the community

27  college at which it is established. The internal procedures

28  adopted by the student government under this section are

29  subject to final approval by the community college president.

30         Section 5.  Subsection (2) of section 240.382, Florida

31  Statutes, is amended to read:

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  1         240.382  Establishment of child development training

  2  centers at community colleges.--

  3         (2)  In consultation with the student government

  4  association or a recognized student group representing the

  5  student body, the district board of trustees of any community

  6  college may establish a child development training center in

  7  accordance with this section. Each child development training

  8  center shall be a child care center established to provide

  9  child care during the day and at variable hours, including

10  evenings and weekends, for the children of students. Emphasis

11  should be placed on serving students who demonstrate financial

12  need as defined by the district board of trustees. At least 50

13  percent of the child care slots must be made available to

14  students, and financially needy students, as defined by the

15  district board of trustees, shall receive child care slots

16  first. The center may serve the children of staff, employees,

17  and faculty; however, a designated number of child care slots

18  shall not be allocated for employees. Whenever possible, the

19  center shall be located on the campus of the community

20  college. However, the board may elect to provide child care

21  services for students through alternative mechanisms, which

22  may include contracting with private providers.

23         Section 6.  Subsections (1), (2), and (4) of section

24  240.531, Florida Statutes, are amended to read:

25         240.531  Establishment of educational research centers

26  for child development.--

27         (1)  Upon approval of the university president, the

28  student government association of any university within the

29  State University System may establish an educational research

30  center for child development in accordance with the provisions

31  of this section.  Each such center shall be a child day care

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  1  center established to provide care for the children of

  2  students, both graduate and undergraduate, faculty, and other

  3  staff and employees of the university and to provide an

  4  opportunity for interested schools or departments of the

  5  university to conduct educational research programs and

  6  establish internship programs within such centers.  Whenever

  7  possible, such center shall be located on the campus of the

  8  university.  There shall be a director of each center,

  9  selected by the board of directors of the center.

10         (2)  There shall be a board of directors for each

11  educational research center for child development, consisting

12  of the president of the university or his or her designee, the

13  student body government president or his or her designee, the

14  chair of each department participating in the center or his or

15  her designee, and one parent for each 50 children enrolled in

16  the center, elected by the parents of children enrolled in the

17  center. The director of the center shall be an ex officio,

18  nonvoting member of the board.  The board shall establish

19  local policies and perform local oversight and operational

20  guidance for the center.

21         (4)  The Board of Regents shall adopt is authorized and

22  directed to promulgate rules for the establishment, operation,

23  and supervision of educational research centers for child

24  development. These Such rules shall include, but are need not

25  be limited to,:  a defined method of establishment of and

26  participation in the operation of centers by the appropriate

27  student governments, government associations; guidelines for

28  the establishment of an intern program in each center,; and

29  guidelines for the receipt and monitoring of funds from grants

30  and other sources of funds consistent with existing laws.

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  1         Section 7.  Subsection (18) of section 447.203, Florida

  2  Statutes, is amended to read:

  3         447.203  Definitions.--As used in this part:

  4         (18)  "Student representative" means the representative

  5  selected by each community college student government

  6  association and the council of student body presidents. Each

  7  representative may be present at all negotiating sessions

  8  which take place between the appropriate public employer and

  9  an exclusive bargaining agent.  Said representative shall be

10  enrolled as a student with at least 8 credit hours in the

11  respective community college or in the State University System

12  during his or her term as student representative.

13         Section 8.  Subsection (5) of section 447.301, Florida

14  Statutes, is amended to read:

15         447.301  Public employees' rights; organization and

16  representation.--

17         (5)  In negotiations over the terms and conditions of

18  service and other matters affecting the working environment of

19  employees, or the learning environment of students, in

20  institutions of higher education, one student representative

21  selected by the council of student body presidents may, at his

22  or her discretion, be present at all negotiating sessions

23  which take place between the Board of Regents and the

24  bargaining agent for an employee bargaining unit.  In the case

25  of community colleges, the student government association of

26  each college shall establish procedures for the selection of,

27  and shall select, a student representative to be present, at

28  his or her discretion, at negotiations between the bargaining

29  agent of the employees and the board of trustees.  Each

30  student representative shall have access to all written draft

31  agreements and all other written documents pertaining to

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  1  negotiations exchanged by the appropriate public employer and

  2  the bargaining agent, including a copy of any prepared written

  3  transcripts of any negotiating session.  Each student

  4  representative shall have the right at reasonable times during

  5  the negotiating session to comment to the parties and to the

  6  public upon the impact of proposed agreements on the

  7  educational environment of students.  Each student

  8  representative shall have the right to be accompanied by

  9  alternates or aides, not to exceed a combined total of two in

10  number.  Each student representative shall be obligated to

11  participate in good faith during all negotiations and shall be

12  subject to the rules and regulations of the Public Employees

13  Relations Commission.  The student representatives shall have

14  neither voting nor veto power in any negotiation, action, or

15  agreement.  The state or any branch, agency, division, agent,

16  or institution of the state shall not expend any moneys from

17  any source for the payment of reimbursement for travel

18  expenses or per diem to aides, alternates, or student

19  representatives participating in, observing, or contributing

20  to any negotiating sessions between the bargaining parties;

21  however, this limitation does not apply to the use of student

22  activity fees for the reimbursement of travel expenses and per

23  diem to the university student representative, aides, or

24  alternates participating in the aforementioned negotiations

25  between the Board of Regents and the bargaining agent for an

26  employee bargaining unit.

27         Section 9.  Section 240.136, Florida Statutes, is

28  repealed.

29         Section 10.  This act shall take effect July 1, 2001.

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