ENROLLED 2017 CRC P 6002 20176002er 1 2 REVISION 2 3 A proposal to revise the State Constitution by the Constitution 4 Revision Commission of Florida. 5 6 A proposed revision relating to higher education; 7 amending Section 7 of Article IX of the State 8 Constitution to establish minimum vote thresholds for 9 university boards of trustees and the board of 10 governors to impose or authorize a new fee or increase 11 an existing fee, as authorized by law; creating 12 Section 8 of Article IX of the State Constitution to 13 specify the purposes of the State College System and 14 to provide for the governance structure of the system; 15 and creating a new section in Article X of the State 16 Constitution to establish the right of survivors of 17 specified first responders and military members to 18 death benefits. 19 20 Be It Proposed by the Constitution Revision Commission of 21 Florida: 22 23 Section 7 of Article IX of the State Constitution is 24 amended, and section 8 is added to that article, to read: 25 ARTICLE IX 26 EDUCATION 27 SECTION 7. State University System.— 28 (a) PURPOSES. In order to achieve excellence through 29 teaching students, advancing research and providing public 30 service for the benefit of Florida’s citizens, their communities 31 and economies, the people hereby establish a system of 32 governance for the state university system of Florida. 33 (b) STATE UNIVERSITY SYSTEM. There shall be a single state 34 university system comprised of all public universities. A board 35 of trustees shall administer each public university and a board 36 of governors shall govern the state university system. 37 (c) LOCAL BOARDS OF TRUSTEES. Each local constituent 38 university shall be administered by a board of trustees 39 consisting of thirteen members dedicated to the purposes of the 40 state university system. The board of governors shall establish 41 the powers and duties of the boards of trustees. Each board of 42 trustees shall consist of six citizen members appointed by the 43 governor and five citizen members appointed by the board of 44 governors. The appointed members shall be confirmed by the 45 senate and serve staggered terms of five years as provided by 46 law. The chair of the faculty senate, or the equivalent, and the 47 president of the student body of the university shall also be 48 members. 49 (d) STATEWIDE BOARD OF GOVERNORS. The board of governors 50 shall be a body corporate consisting of seventeen members. The 51 board shall operate, regulate, control, and be fully responsible 52 for the management of the whole university system. These 53 responsibilities shall include, but not be limited to, defining 54 the distinctive mission of each constituent university and its 55 articulation with free public schools and community colleges, 56 ensuring the well-planned coordination and operation of the 57 system, and avoiding wasteful duplication of facilities or 58 programs. The board’s management shall be subject to the powers 59 of the legislature to appropriate for the expenditure of funds, 60 and the board shall account for such expenditures as provided by 61 law. The governor shall appoint to the board fourteen citizens 62 dedicated to the purposes of the state university system. The 63 appointed members shall be confirmed by the senate and serve 64 staggered terms of seven years as provided by law. The 65 commissioner of education, the chair of the advisory council of 66 faculty senates, or the equivalent, and the president of the 67 Florida student association, or the equivalent, shall also be 68 members of the board. 69 (e) FEES. Any proposal or action of a constituent 70 university to raise, impose, or authorize any fee, as authorized 71 by law, must be approved by at least nine affirmative votes of 72 the members of the board of trustees of the constituent 73 university, if approval by the board of trustees is required by 74 general law, and at least twelve affirmative votes of the 75 members of the board of governors, if approval by the board of 76 governors is required by general law, in order to take effect. A 77 fee under this subsection shall not include tuition. 78 SECTION 8. State College System.— 79 (a) PURPOSES. In order to achieve excellence and to provide 80 access to undergraduate education to the students of this state; 81 to originate articulated pathways to a baccalaureate degree; to 82 ensure superior commitment to teaching and learning; and to 83 respond quickly and efficiently to meet the demand of 84 communities by aligning certificate and degree programs with 85 local and regional workforce needs, the people hereby establish 86 a system of governance for the state college system of Florida. 87 (b) STATE COLLEGE SYSTEM. There shall be a single state 88 college system comprised of all public community and state 89 colleges. A local board of trustees shall govern each state 90 college system institution and the state board of education 91 shall supervise the state college system. 92 (c) LOCAL BOARDS OF TRUSTEES. Each state college system 93 institution shall be governed by a local board of trustees 94 dedicated to the purposes of the state college system. A member 95 of a board of trustees must be a resident of the service 96 delivery area of the college. The powers and duties of the 97 boards of trustees shall be provided by law. Each member shall 98 be appointed by the governor to staggered 4-year terms, subject 99 to confirmation by the senate. 100 (d) ROLE OF THE STATE BOARD OF EDUCATION. The state board 101 of education shall supervise the state college system as 102 provided by law. 103 104 A new section is added to Article X of the State 105 Constitution to read: 106 ARTICLE X 107 MISCELLANEOUS 108 Death benefits for survivors of first responders and 109 military members.— 110 (a) A death benefit shall be paid by the employing agency 111 when a firefighter; a paramedic; an emergency medical 112 technician; a law enforcement, correctional, or correctional 113 probation officer; or a member of the Florida National Guard, 114 while engaged in the performance of their official duties, is: 115 (1) Accidentally killed or receives accidental bodily 116 injury which results in the loss of the individual’s life, 117 provided that such killing is not the result of suicide and that 118 such bodily injury is not intentionally self-inflicted; or 119 (2) Unlawfully and intentionally killed or dies as a result 120 of such unlawful and intentional act or is killed during active 121 duty. 122 (b) A death benefit shall be paid by funds from general 123 revenue when an active duty member of the United States Armed 124 Forces is: 125 (1) Accidentally killed or receives accidental bodily 126 injury which results in the loss of the individual’s life, 127 provided that such killing is not the result of suicide and that 128 such bodily injury is not intentionally self-inflicted; or 129 (2) Unlawfully and intentionally killed or dies as a result 130 of such unlawful and intentional act or is killed during active 131 duty. 132 (c) If a firefighter; a paramedic; an emergency medical 133 technician; a law enforcement, correctional, or correctional 134 probation officer; or an active duty member of the Florida 135 National Guard or United States Armed Forces is accidentally 136 killed as specified in paragraphs (a)(1) and (b)(1), or 137 unlawfully and intentionally killed as specified in paragraphs 138 (a)(2) and (b)(2), the state shall waive certain educational 139 expenses that the child or spouse of the deceased first 140 responder or military member incurs while obtaining a career 141 certificate, an undergraduate education, or a postgraduate 142 education. 143 (d) An eligible first responder must have been working for 144 the State of Florida or any of its political subdivisions or 145 agencies at the time of death. An eligible military member must 146 have been a resident of this state or his or her duty post must 147 have been within this state at the time of death. 148 (e) The legislature shall implement this section by general 149 law. 150 (f) This section shall take effect on July 1, 2019. 151 152 BE IT FURTHER PROPOSED that the following statement be placed on 153 the ballot: 154 155 CONSTITUTIONAL AMENDMENT 156 ARTICLE IX, SECTIONS 7, 8 157 ARTICLE X, NEW SECTION 158 FIRST RESPONDER AND MILITARY MEMBER SURVIVOR BENEFITS; 159 PUBLIC COLLEGES AND UNIVERSITIES.—Grants mandatory payment of 160 death benefits and waiver of certain educational expenses to 161 qualifying survivors of certain first responders and military 162 members who die performing official duties. Requires 163 supermajority votes by university trustees and state university 164 system board of governors to raise or impose all legislatively 165 authorized fees if law requires approval by those bodies. 166 Establishes existing state college system as constitutional 167 entity; provides governance structure.