This amendment implements the changes enacted by ch. 2015-19 L.O.F. The effect will be a rule consistent with governing law.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.024Composition of Boards of Trustees

PURPOSE AND EFFECT: This amendment implements the changes enacted by ch. 2015-19 L.O.F. The effect will be a rule consistent with governing law.

SUMMARY: The membership requirements for the Florida College System institution boards of trustees will be amended to reflect the current membership framework outlined in s. 1001.61, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There is no associated cost or financial impact that will occur as a result of the changes made to this rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), 1001.61(1), FS.

LAW IMPLEMENTED: 1001.61(1), FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Christopher Mullin, Executive Vice Chancellor, Florida College System, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.024 Composition of Boards of Trustees.

(1) The number of trustees on Florida College System institution community college boards of trustees shall be:

(a) One (1) county district boards – five (5) or seven (7) trustees as decided by the board.

(b) Two (2) or more county district boards – no less than five (5) and no more than nine (9) members. five (5) trustees from the county of location and four (4) from the cooperating county. However, if the county of location has more than five (5) times the population of the cooperating county as determined by the U.S. Census, there shall be three (3) trustees from the cooperating county.

(c) Three (3) and four (4) county district boards – three (3) trustees from the county of location and two (2) from each cooperating county.

(d) Five (5) county district boards – three (3) trustees from the county of location, two (2) from each of the two (2) more populous cooperating counties, and one (1) from each of the two (2) less populous cooperating counties.

(e) Six (6) county district boards – three (3) trustees from the county of location, two (2) from the most populous cooperating county, and one (1) from each of the remaining counties.

(2) Population shall be determined by the most recent population estimates published by the Legislative Office of Economic and Demographic Research.

(3) Notwithstanding (1), the number of trustees for the boards of trustees of the following community colleges shall be:

(a) South Florida Community College – four trustees from Highlands County, two trustees from Hardee County, and two from DeSoto County.

(b) Gulf Coast Community College – five trustees from Bay County, three trustees from Gulf County, and one trustee from Franklin County.

(c) Edison Community College – three trustees from Lee County, two trustees from Charlotte County, two trustees from Collier County, one trustee from Glades County, and one trustee from Hendry County.

(2)(4) Trustees shall be appointed for terms of four (4) years and may be reappointed. Terms shall expire on May 31 of the year of expiration, or as soon thereafter as the successors shall be qualified to serve. Trustees shall reside in the college’s designated counties pursuant to s. 1000.21(3), F.S. Residential address shall determine a trustee’s county of origin.

(5) In the event of a violation of this rule, adjustments shall be made immediately, except that the number of trustees from a county shall not be reduced until terms expire or resignations are tendered.

(6) When changes in board composition are required by law or by this rule the Governor shall stagger the length of terms of the board positions next in line for appointment in such a manner as to provide for future position expiration dates as equal in number as possible in each succeeding year for each county. In such cases, where eight or more trustee positions will exist in any college, then at least two terms will expire each year. Where less than eight trustee positions will exist, then at least one but not more than two trustee positions will expire each year.

(3)(7) Florida College System institutions Community colleges shall annually report to the Chancellor the composition of their boards of trustees immediately following the board organization meeting required under s. 1001.61(4), F.S., including the name, residential address (with county), e-mail address, home and business telephone numbers, and end of term.

Rulemaking Authority 1001.02(1), (9), 1001.61(1) FS. Law Implemented 1001.61(1), F.S. Chapters 84-336, 44 Laws of Florida. History–New 12-19-74, Formerly 6A-8.06, Amended 12-26-77, 7-26-84, 11-5-85, Formerly 6A-14.24, Amended 12-6-90, 7-20-04,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Madeline Pumariega, Chancellor, Florida College System

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2015