Fla. Stat. § 1004.26 — Florida Code / Title XLVIII / Chapter 1004 / Part II / Section 1004.26
1004.26 University student governments; the Florida Student Association.
Status: in_force

(1) A student government is created on the main campus of each state university. In addition, each university board of trustees may establish a student government on any branch campus or center. Each student government is a part of the university at which it is established.

(2) Each student government shall be organized and maintained by students and shall be composed of at least a student body president, a student legislative body, and a student judiciary. The student body president and the student legislative body shall be elected by the student body; however, interim vacancies and the student judiciary may be filled in a manner other than election as prescribed by the internal procedures of the student government.

(3) Each student government shall adopt internal procedures governing: (a) The operation and administration of the student government. (b) The execution of all other duties as prescribed to the student government by law.

(4)(a) The qualifications, elections, and returns, the appointments, and the suspension, removal, and discipline of officers of the student government shall be determined by the student government as prescribed by its internal procedures. (b) Any elected or appointed officer of the student government may be removed from office by the majority vote of students participating in a referendum held under this paragraph. Each student government shall adopt internal procedures by which students may petition for a referendum to remove from office an elected or appointed officer of the student government. The grounds for removal of a student government officer by petition must be expressly contained in the petition and are limited to the following: malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or conviction of a felony. The referendum must be held no later than 60 days after the filing of the petition. (c) Each student government shall adopt internal procedures providing for the suspension and removal of an elected or appointed student government officer following the conviction of that officer of a felony. (d) Notwithstanding any other provision of law, each student government shall adopt internal procedures providing an elected or appointed officer of the student government who has been disciplined, suspended, or removed from office, the right to directly appeal such decision to the vice president of student affairs or other senior university administrator designated to hear such appeals. The internal procedures shall not condition the exercise of such right on the consideration or decision of any student panel, including, but not limited to, any student judiciary, or place any condition precedent on the exercise of such right granted by this paragraph.

(5)(a) The Florida Student Association is designated as the nonprofit advocacy organization serving the needs of the students of the State University System. If the Florida Student Association fails to meet the requirements of this section, the Chancellor of the Board of Governors shall designate an equivalent nonprofit advocacy organization to serve the needs of the students of the State University System with the approval of the Board of Governors. (b) The Florida Student Association shall be governed by a board of directors. The membership of the board of directors shall be comprised of the 12 student body presidents of the state universities. The board of directors shall annually elect a chair from among the board’s members. The chair shall also serve as president of the association. (c) The Florida Student Association shall adopt bylaws to establish: 1. A due process for the removal or impeachment of the president of the association. Such due process must provide that the president of the association may be removed by the majority vote of members of the board of directors. The grounds for removal of the president of the association are limited to malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or conviction of a felony. 2. Procedures for the suspension and removal of the president of the association following the conviction of a felony. 3. Procedures for a president of the association who has been disciplined, suspended, or removed from his or her position to directly appeal such decision to the Vice Chancellor for Academic and Student Affairs for the Board of Governors. The bylaws may not place any condition precedent on the exercise of such right granted by this paragraph, and the association may not elect a new president until the exhaustion of the appeals process or any other due process rights afforded by this section.

(6) There shall be no cause of action against a state university for the actions or decisions of the student government of that state university unless the action or decision is made final by the state university and constitutes a violation of state or federal law.

History: s. 3, ch. 2002-188; s. 43, ch. 2004-41; s. 2, ch. 2010-219; s. 4, ch. 2021-159; s. 5, ch. 2023-83.