Florida Senate - 2025                             CS for SB 1726
       
       
        
       By the Appropriations Committee on Higher Education; and Senator
       Calatayud
       
       
       
       
       608-03463-25                                          20251726c1
    1                        A bill to be entitled                      
    2         An act relating to higher education; creating s.
    3         20.701, F.S.; requiring members of a state university
    4         board of trustees and members of the Board of
    5         Governors to be United States citizens and either
    6         residents of this state or graduates of a state
    7         university beginning on a specified date; providing
    8         that specified offices are deemed vacant under certain
    9         circumstances; amending s. 112.3144, F.S.; requiring
   10         certain members of the Board of Governors to comply
   11         with specified financial disclosure requirements
   12         beginning on a specified date; amending s. 1001.01,
   13         F.S.; revising term limits for members and the chair
   14         of the State Board of Education; amending s. 1001.61,
   15         F.S.; providing term limits for members and the chairs
   16         of the Florida College System institution boards of
   17         trustees; authorizing trustees to serve until the
   18         appointment of a successor; amending s. 1001.64, F.S.;
   19         providing that certain actions related to the
   20         president of a Florida College System institution are
   21         not subject to approval by the State Board of
   22         Education; requiring that a presidential search
   23         committee be appointed to make the appointment of such
   24         president; providing requirements for such committee;
   25         requiring that such president be recommended by the
   26         committee; authorizing the renewal of a presidential
   27         contract for a specified period; amending s. 1001.70,
   28         F.S.; providing term limits for appointed members of
   29         the Board of Governors; amending s. 1001.706, F.S.;
   30         requiring the Board of Governors to adopt regulations
   31         regarding state university public opinion survey
   32         research; requiring the Board of Governors to review
   33         the admission criteria of state universities;
   34         requiring that state university program admission
   35         criteria be posted on state university websites;
   36         providing that the president of a state university is
   37         appointed by the university board of trustees;
   38         requiring that a presidential search committee be
   39         appointed to make the appointment of such president;
   40         providing requirements for such committee; requiring
   41         that such president be recommended by the committee;
   42         authorizing the renewal of a presidential contract for
   43         a specified period; deleting a requirement that the
   44         Board of Governors confirm the selection and
   45         reappointment of such president; revising the
   46         requirements for certain state university capital
   47         outlay projects to be included on a specified list;
   48         amending s. 1001.71, F.S.; providing term limits for
   49         appointed members of university boards of trustees;
   50         deleting obsolete language and a certain consideration
   51         for appointed members; authorizing appointed members
   52         to serve until a successor is appointed; amending s.
   53         1004.085, F.S.; defining the terms “syllabus” or
   54         “syllabi” and “term”; adding certain materials to
   55         lists of textbooks and instructional materials;
   56         requiring that the current syllabi for specified
   57         courses be posted as a hyperlink in a specified system
   58         and include specified information; amending s.
   59         1004.098, F.S.; defining the term “final group of
   60         applicants”; amending s. 1007.25, F.S.; prohibiting a
   61         Florida College System institution or state university
   62         from imposing a certain graduation requirement;
   63         amending s. 1011.47, F.S.; authorizing a university
   64         board of trustees to approve the transfer of
   65         unreserved cash from one auxiliary enterprise to
   66         support another auxiliary enterprise under certain
   67         conditions; providing effective dates.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Section 20.701, Florida Statutes, is created to
   72  read:
   73         20.701 Residency requirements.—Notwithstanding any other
   74  law:
   75         (1)Effective January 6, 2027, each member of a state
   76  university board of trustees must be a United States citizen and
   77  either a resident of this state or a graduate of the university,
   78  the administration of which is overseen by the board. The office
   79  of any member who does not meet the requirements of this
   80  subsection is automatically deemed vacant.
   81         (2)Effective January 6, 2027, each member of the Board of
   82  Governors must be a United States citizen and either a resident
   83  of this state or a graduate of a state university, as defined in
   84  s. 1000.21. The office of any member of the Board of Governors
   85  who does not meet the requirements of this subsection is
   86  automatically deemed vacant.
   87         Section 2. Paragraph (f) is added to subsection (1) of
   88  section 112.3144, Florida Statutes, to read:
   89         112.3144 Full and public disclosure of financial
   90  interests.—
   91         (1)
   92         (f)Beginning January 1, 2026, each citizen member of the
   93  Board of Governors of the State University System must comply
   94  with the financial disclosure requirements of this section and
   95  s. 8, Art. II of the State Constitution.
   96         Section 3. Subsections (1) and (2) of section 1001.01,
   97  Florida Statutes, are amended to read:
   98         1001.01 State Board of Education; generally.—
   99         (1) The State Board of Education is established as a body
  100  corporate. The state board shall be a citizen board consisting
  101  of seven members who are residents of the state appointed by the
  102  Governor to staggered 4-year terms, subject to confirmation by
  103  the Senate. Members of the state board shall serve without
  104  compensation but shall be entitled to reimbursement of travel
  105  and per diem expenses in accordance with s. 112.061. Members may
  106  only serve two be reappointed by the Governor for additional
  107  terms not to exceed 8 years of consecutive service.
  108         (2) The State Board of Education shall select a chair and a
  109  vice chair from its appointed members. The chair shall serve a
  110  single 2-year term and may be reselected for one additional
  111  consecutive term.
  112         Section 4. Subsections (2) and (4) of section 1001.61,
  113  Florida Statutes, are amended to read:
  114         1001.61 Florida College System institution boards of
  115  trustees; membership.—
  116         (2) Trustees shall be appointed by the Governor to
  117  staggered 4-year terms, subject to confirmation by the Senate in
  118  regular session. A trustee may continue to serve until a
  119  successor is appointed. Trustees may be reappointed by the
  120  Governor for one additional term, not to exceed 8 consecutive
  121  years of service.
  122         (4) At its first regular meeting after July 1 of each year,
  123  each Florida College System institution board of trustees shall
  124  organize by electing a chair, whose duty as such is to preside
  125  at all meetings of the board, to call special meetings thereof,
  126  and to attest to actions of the board, and a vice chair, whose
  127  duty as such is to act as chair during the absence or disability
  128  of the elected chair. It is the further duty of the chair of
  129  each board of trustees to notify the Governor, in writing,
  130  whenever a board member fails to attend three consecutive
  131  regular board meetings in any one fiscal year, which absences
  132  may be grounds for removal. The chair shall serve a single 2
  133  year term.
  134         Section 5. Subsection (19) of section 1001.64, Florida
  135  Statutes, is amended to read:
  136         1001.64 Florida College System institution boards of
  137  trustees; powers and duties.—
  138         (19) Each board of trustees shall appoint, suspend, or
  139  remove the president of the Florida College System institution.
  140  Such appointments, reappointments, suspensions, and extensions
  141  of a president, including associated contracts, are not subject
  142  to approval or confirmation by the State Board of Education. In
  143  appointing a permanent president, the chair of the institution’s
  144  board of trustees shall appoint a presidential search committee.
  145  The presidential search committee shall be composed of at least
  146  two members of the board of trustees and may include persons
  147  from the institution’s faculty, student body, foundation board,
  148  financing corporation board, if applicable, alumni, donors, and
  149  members from the community the institution serves. However, none
  150  of the persons appointed to serve on the presidential search
  151  committee may hold positions that report directly to the
  152  president. The Commissioner of Education or a member of the
  153  State Board of Education may not serve on a presidential search
  154  committee. The permanent president appointed by the
  155  institution’s board of trustees must be recommended by the
  156  presidential search committee The board of trustees may appoint
  157  a search committee. The board of trustees shall conduct annual
  158  evaluations of the president in accordance with rules of the
  159  State Board of Education and submit such evaluations to the
  160  State Board of Education for review. The evaluation must address
  161  the achievement of the performance goals established by the
  162  accountability process implemented pursuant to s. 1008.45. A
  163  presidential contract may be renewed for a term exceeding 1
  164  year, but not exceeding the term of the original contract.
  165         Section 6. Subsection (1) of section 1001.70, Florida
  166  Statutes, is amended to read:
  167         1001.70 Board of Governors of the State University System.—
  168         (1) Pursuant to s. 7(d), Art. IX of the State Constitution,
  169  the Board of Governors is established as a body corporate
  170  composed comprised of 17 members as follows: 14 citizen members
  171  appointed by the Governor subject to confirmation by the Senate;
  172  the Commissioner of Education; the chair of the advisory council
  173  of faculty senates or the equivalent; and the president of the
  174  Florida student association or the equivalent. The appointed
  175  members may only shall serve a single staggered 7-year term
  176  terms. In order to achieve staggered terms, beginning July 1,
  177  2003, of the initial appointments, 4 members shall serve 2-year
  178  terms, 5 members shall serve 3-year terms, and 5 members shall
  179  serve 7-year terms.
  180         Section 7. Paragraph (a) of subsection (5), paragraph (a)
  181  of subsection (6), and paragraph (c) of subsection (12) of
  182  section 1001.706, Florida Statutes, are amended, and paragraph
  183  (k) is added to subsection (3) of that section, to read:
  184         1001.706 Powers and duties of the Board of Governors.—
  185         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  186  OPERATION OF STATE UNIVERSITIES.—
  187         (k) The Board of Governors shall adopt regulations
  188  prohibiting universities that conduct public opinion survey
  189  research from polling activities related to candidates for any
  190  federal, state, or local office. A university may conduct survey
  191  research to measure opinions and inform the public about social,
  192  political, and economic issues unrelated to candidate
  193  preference.
  194         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  195         (a)1. The Legislature intends that the Board of Governors
  196  shall align the missions of each constituent university with the
  197  academic success of its students; the existing and emerging
  198  economic development needs of the state; the national reputation
  199  of its faculty and its academic and research programs; the
  200  quantity of externally generated research, patents, and
  201  licenses; and the strategic and accountability plans required in
  202  paragraphs (b) and (c). The Board of Governors shall
  203  periodically review the mission of each constituent university
  204  and make updates or revisions as needed. Upon completion of a
  205  review of the mission, the board shall review existing academic
  206  programs, including admission criteria, for alignment with the
  207  mission. The board shall include in its review a directive to
  208  each constituent university regarding its programs for any
  209  curriculum or admission criteria that violates s. 1000.05 or
  210  that is based on theories that systemic racism, sexism,
  211  oppression, and privilege are inherent in the institutions of
  212  the United States and were created to maintain social,
  213  political, and economic inequities. The mission alignment and
  214  strategic plan must consider peer institutions at the
  215  constituent universities. The mission alignment and strategic
  216  plan must acknowledge that universities that have a national and
  217  international impact have the greatest capacity to promote the
  218  state’s economic development through: new discoveries, patents,
  219  licenses, and technologies that generate state businesses of
  220  global importance; research achievements through external grants
  221  and contracts that are comparable to nationally recognized and
  222  ranked universities; the creation of a resource rich academic
  223  environment that attracts high-technology business and venture
  224  capital to the state; and this generation’s finest minds
  225  focusing on solving the state’s economic, social, environmental,
  226  and legal problems in the areas of life sciences, water,
  227  sustainability, energy, and health care. A nationally recognized
  228  and ranked university that has a global perspective and impact
  229  must be afforded the opportunity to enable and protect the
  230  university’s competitiveness on the global stage in fair
  231  competition with other institutions of other states in the
  232  highest Carnegie Classification.
  233         2.To assist the Board of Governors in its review of
  234  admission criteria, each constituent university shall post
  235  program admission criteria on its website.
  236         (6) POWERS AND DUTIES RELATING TO PERSONNEL.—
  237         (a) The Board of Governors, or the board’s designee, shall
  238  establish the personnel program for all employees of a state
  239  university, except the president. The board of trustees of a
  240  state university shall select and reappoint the university
  241  president. In appointing a permanent president, the chair of the
  242  university board of trustees shall appoint a presidential search
  243  committee. The presidential search committee shall be composed
  244  of 15 members, of whom at least three must be members of the
  245  board of trustees, and may include persons from the university’s
  246  faculty, the student body, the university’s foundation board,
  247  the university’s financing corporation board, if applicable,
  248  alumni, donors, and members from the community in which the
  249  university serves. However, none of the persons appointed to
  250  serve on the presidential search committee may hold positions
  251  that report directly to the president. The Chancellor of the
  252  State University System or a member of the Board of Governors
  253  may not serve on the presidential search committee. The
  254  permanent president selected by the board of trustees must have
  255  been recommended by the presidential search committee.
  256  Selections, reappointments, and extensions of a president,
  257  including associated contracts, are not subject to approval or
  258  confirmation by the Board of Governors. A presidential contract
  259  may be renewed for a term exceeding 1 year, but not exceeding
  260  the term of the original contract. The Board of Governors shall
  261  confirm the presidential selection and reappointment by a
  262  university board of trustees as a means of acknowledging that
  263  system cooperation is expected.
  264         (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  265  Governors shall submit the prioritized list as required by s.
  266  1013.64(4). Projects considered for prioritization shall be
  267  chosen from a preliminary selection group which shall include
  268  the list of projects maintained pursuant to paragraph (d) and
  269  the top two priorities of each state university.
  270         (c) A new construction, remodeling, or renovation project
  271  that has not received an appropriation in a previous year may
  272  shall not be considered for inclusion on the prioritized list
  273  required by s. 1013.64(4), unless:
  274         1. A plan is provided to reserve funds in an escrow
  275  account, specific to the project, into which shall be deposited
  276  each year an amount of funds equal to 1 percent of the total
  277  value of the building for future maintenance;
  278         2. There exists sufficient capacity within the cash and
  279  bonding estimate of funds by the Revenue Estimating Conference
  280  to accommodate the project within the 3-year Public Education
  281  Capital Outlay funding cycle; and
  282         3. The project has been recommended pursuant to s. 1013.31.
  283         Section 8. Subsection (1) of section 1001.71, Florida
  284  Statutes, is amended to read:
  285         1001.71 University boards of trustees; membership.—
  286         (1) Pursuant to s. 7(c), Art. IX of the State Constitution,
  287  each local constituent university shall be administered by a
  288  university board of trustees composed comprised of 13 members as
  289  follows: 6 citizen members appointed by the Governor subject to
  290  confirmation by the Senate; 5 citizen members appointed by the
  291  Board of Governors subject to confirmation by the Senate; the
  292  chair of the faculty senate or the equivalent; and the president
  293  of the student body of the university. The appointed members
  294  shall serve staggered 5-year terms. Appointed members may be
  295  reappointed for one additional term, not to exceed 10 years of
  296  consecutive service. In order to achieve staggered terms,
  297  beginning July 1, 2003, of the initial appointments by the
  298  Governor, 2 members shall serve 2-year terms, 3 members shall
  299  serve 3-year terms, and 1 member shall serve a 5-year term and
  300  of the initial appointments by the Board of Governors, 2 members
  301  shall serve 2-year terms, 2 members shall serve 3-year terms,
  302  and 1 member shall serve a 5-year term. There shall be no state
  303  residency requirement for university board members, but The
  304  Governor and the Board of Governors shall consider diversity and
  305  regional representation when appointing members. An appointed
  306  board member may continue to serve until a successor is
  307  appointed. Beginning July 2, 2020, For purposes of this
  308  subsection, regional representation includes shall include the
  309  chair of a campus board established pursuant to s. 1004.341.
  310         Section 9. Subsections (1) and (5) of section 1004.085,
  311  Florida Statutes, are amended to read:
  312         1004.085 Textbook and instructional materials affordability
  313  and transparency.—
  314         (1) As used in this section, the term:,
  315         (a)The term “Instructional materials” means educational
  316  materials for use within a course which may be available in
  317  printed or digital format.
  318         (b)“Syllabus” or “syllabi” means the course syllabus or
  319  syllabi developed by the instructor assigned to the course.
  320         (c)“Term” includes the fall, spring, and summer terms.
  321         (5)(a) Each Florida College System institution and state
  322  university shall post prominently in the course registration
  323  system and on its website a hyperlink to lists of required and
  324  recommended textbooks and instructional materials for at least
  325  95 percent of all courses and course sections offered at the
  326  institution during the upcoming term. The lists must include the
  327  International Standard Book Number (ISBN) for each required and
  328  recommended textbook and instructional material or other
  329  identifying information, which must include, at a minimum, all
  330  of the following: the title, all authors listed, publishers,
  331  edition number, copyright date, published date, and other
  332  relevant information necessary to identify the specific
  333  textbooks or instructional materials required and recommended
  334  for each course. The lists must include those materials that are
  335  open access or an open educational resource for which there is
  336  no cost, must include a unique identifier, if available, and
  337  must include any relevant information necessary to identify the
  338  specific resource. The State Board of Education and the Board of
  339  Governors shall include in the policies, procedures, and
  340  guidelines adopted under subsection (6) certain limited
  341  exceptions to this notification requirement for classes added
  342  after the notification deadline.
  343         (b) The lists of required and recommended textbooks and
  344  instructional materials required in paragraph (a) must be, to
  345  the maximum extent possible, based on a list submitted by the
  346  instructor and must:
  347         1. Be posted as early as is feasible but at least 45 days
  348  before the first day of class for each term.
  349         2. Remain posted for at least 5 academic years.
  350         3. Be searchable by the general education status, the
  351  course subject, the course section, the course number, the
  352  course title, the name of the instructor of the course, the
  353  title of each assigned textbook or instructional material, and
  354  each author of an assigned textbook or instructional material.
  355         4.Include the duration of any license allowing access to
  356  the textbook or instructional material for which students must
  357  purchase or pay for access.
  358         5.4. Be easily downloadable by current and prospective
  359  students.
  360         (c) To maximize informed student choice, courses If a
  361  course subject to paragraphs (a) and (b) must include the
  362  current is a general education core course option identified
  363  pursuant to s. 1007.25, course syllabi posted in the same
  364  location as the postings of required and recommended textbooks
  365  and instructional materials at least 10 business days before the
  366  start of the term. Individualized courses, such as directed
  367  individual studies, thesis, dissertation defense, and
  368  performance, are exempt from this requirement. Each syllabus
  369  must contain syllabi information containing sufficient detail to
  370  inform students of all of the following must be included:
  371         1. The course curriculum, including the required and
  372  recommended textbooks and instructional materials regardless of
  373  cost or whether the materials are open access or an open
  374  educational resource.
  375         2. Specific The goals, objectives, and student expectations
  376  of the course.
  377         3. How student performance will be evaluated, including the
  378  grading scale and methodology measured.
  379         Section 10. Present subsections (1), (2), and (3) of
  380  section 1004.098, Florida Statutes, are redesignated as
  381  subsections (2), (3), and (4), respectively, a new subsection
  382  (1) is added to that section, and paragraph (a) of present
  383  subsection (2) of that section is amended, to read:
  384         1004.098 Applicants for president of a state university or
  385  Florida College System institution; public records exemption;
  386  public meetings exemption.—
  387         (1) For the purposes of this section, the term “final group
  388  of applicants” means no fewer than three applicants who will
  389  receive final consideration for president of a state university
  390  or Florida College System institution.
  391         (3)(a)(2)(a) Any portion of a meeting held for the purpose
  392  of identifying or vetting applicants for president of a state
  393  university or a Florida College System institution, including
  394  any portion of a meeting which would disclose personal
  395  identifying information of such applicants which is otherwise
  396  confidential and exempt under subsection (2) (1), is exempt from
  397  s. 286.011 and s. 24(b), Art. I of the State Constitution.
  398         Section 11. Subsection (15) is added to section 1007.25,
  399  Florida Statutes, to read:
  400         1007.25 General education courses; common prerequisites;
  401  other degree requirements.—
  402         (15)A Florida College System institution or state
  403  university may not impose an institution-wide or university-wide
  404  graduation requirement that includes a course in conflict with
  405  paragraph (3)(c).
  406         Section 12. Subsection (1) of section 1011.47, Florida
  407  Statutes, is amended to read:
  408         1011.47 Auxiliary enterprises; contracts, grants, and
  409  donations.—As used in s. 19(f)(3), Art. III of the State
  410  Constitution, the term:
  411         (1)(a) “Auxiliary enterprises” includes activities that
  412  directly or indirectly provide a product or a service, or both,
  413  to a university or its students, faculty, or staff and for which
  414  a charge is made. These auxiliary enterprises are business
  415  activities of a university which require no support from the
  416  General Revenue Fund, and include activities such as housing,
  417  bookstores, student health services, continuing education
  418  programs, food services, college stores, operation of vending
  419  machines, specialty shops, day care centers, golf courses,
  420  student activities programs, data center operations, and
  421  intercollegiate athletics programs.
  422         (b)Each university board of trustees may determine whether
  423  its auxiliary enterprises, including intercollegiate athletics
  424  programs, will be self-supporting on an individual or collective
  425  basis. A university board of trustees may approve the transfer
  426  of unreserved cash from one auxiliary enterprise to support
  427  another auxiliary enterprise as long as such transfer does not
  428  reduce revenues necessary to cover all expenditures of the
  429  auxiliary enterprise, violate any bond covenants, or impact debt
  430  service payments and required reserves. Transfers made under
  431  this paragraph must be reported to the Board of Governors
  432  annually. This paragraph expires June 30, 2030.
  433         Section 13. Except as otherwise expressly provided in this
  434  act and except for this section, which shall take effect upon
  435  becoming a law, this act shall take effect July 1, 2025.