The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Higher Education
BILL: SB 1726
INTRODUCER: Senator Calatayud
SUBJECT: Higher Education
DATE: April 9, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck HE Favorable
2. Gray Elwell AHE Pre-meeting
3. RC
I. Summary:
SB 1726 establishes term limits for members of the Board of Governors (BOG), the State Board
of Education (SBE), and state university and Florida College System (FCS) institution boards of
trustees. It also limits the length of time an SBE or FCS institution board of trustees member may
serve as board chair.
The bill requires that appointed BOG members be Florida residents and file a full and public
disclosure of financial interests. The bill repeals the public records exemption for state university
and FCS institution presidential applicants and makes changes to the presidential search and
selection process. Finally, the bill requires enhanced textbook, instructional material, and course
syllabus transparency from state universities and FCS institutions.
The bill does not have a fiscal impact on state revenues or expenditures. See Section V., Fiscal
Impact Statement.
The bill is effective July 1, 2025.
II. Present Situation:
Board Appointments, Terms, and Residency Requirements
Board of Governors
The Board of Governors (BOG) of the State University System (SUS) is established as a body
corporate to operate, regulate, control, and be fully responsible for the management of the whole
university system.
1 The BOG consists of 17 members: 14 citizen members appointed by the
Governor and confirmed by the Senate, the Commissioner of Education, the chair of the advisory
1
FLA. CONST. art. IX, s. 7(d).; and s. 1001.70, F.S.
REVISED: BILL: SB 1726 Page 2
council of faculty senates or the equivalent, and the president of the Florida Student Association
or the equivalent. Appointed members serve staggered seven-year terms.
There are no term limits
for service, including service as chair. Members do not receive compensation but may be
reimbursed for travel and per diem expenses.
2 Florida residency is not required for BOG
members.
State Board of Education
The State Board of Education (SBE) is established as a body corporate with supervision of the
system of free public education.
3 The SBE consists of seven citizen members who are residents
of Florida and are appointed by the Governor to staggered four-year terms, subject to Senate
confirmation. Members may be reappointed by the Governor but may not serve more than eight
years of consecutive service. The SBE selects a chair and vice chair from among its appointed
members. The chair serves a two-year term and may be reselected for one additional consecutive
term.
Members serve without compensation but are entitled to reimbursement for travel and per
diem expenses.
4
State University Boards of Trustees
Each state university is governed by a university board of trustees (UBOT)
5
composed of 13
members: six citizen members appointed by the Governor and five citizen members appointed by
the BOG, all subject to Senate confirmation. The UBOT also includes the chair of the faculty
senate (or equivalent) and the president of the student body. Appointed members serve staggered
five-year terms. There is no state residency requirement, but the Governor and the BOG must
consider diversity and regional representation in appointments. Regional representation includes
the chair of a campus board.
6 UBOT members receive no compensation but may be reimbursed
for travel and per diem.
7
Each UBOT selects its chair and vice chair from among the appointed members. The chair serves
a two-year term and may be reselected for one additional consecutive term. Additional
consecutive terms are permitted with approval by a two-thirds vote of the board. The chair is
responsible for presiding over meetings, calling special meetings, and attesting to board actions.
8
Florida College System Board of Trustees
Each Florida College System (FCS) institution is governed by a local board of trustees dedicated
to the purposes of the state college system.
9 FCS institution boards of trustees vary in size based
on the service area. A board consists of five members if the college serves one school board
district, seven members if the board elects to do so within a single district, and up to nine
members if the district includes two or more school board districts. Florida State College at
2
Section 1001.70, F.S.
3
FLA. CONST. art. IX, s. 2.
4
Section 1001.01, F.S.
5
FLA. CONST. art. IX, s. 7(c).
6
Section 1001.71(1), F.S.
7
Section 1001.71(2), F.S.
8
Section 1001.71(4), F.S.
9
FLA. CONST. art. IX, s. 8(c). BILL: SB 1726 Page 3
Jacksonville must have an odd number of trustees, and St. Johns River State College must have
seven trustees representing its three-county area.
10
Members are appointed by the Governor to staggered four-year terms, subject to Senate
confirmation,
11 and must reside within the college’s service delivery area.
12 They serve without
compensation but may be reimbursed for expenses.
13
Each board elects a chair and vice chair at
its first regular meeting after July 1.
14
Full and Public Disclosure of Financial Interests
Full and Public Disclosure
The Florida Constitution requires all elected constitutional officers and candidates for such
offices to file a full and public disclosure of their financial interests.
Other public officers,
candidates, and public employees may also be required to file such disclosures as determined by
law.
15 Under the Florida Constitution, “full and public disclosure of financial interests” means
disclosing the reporting individual’s net worth and the value of each asset and liability exceeding
$1,000.
16 The disclosure must be accompanied by either a sworn statement identifying each
separate source and amount of income exceeding $1,000 or a copy of the individual’s most
recent federal income tax return. However, beginning January 1, 2023, the Commission on
Ethics may no longer accept federal income tax returns for this purpose.
17
Pursuant to general law, the Commission on Ethics has adopted by rule CE Form 6 (Form 6),
which is used for full and public financial disclosure.
18 Reporting individuals are required to file
Form 6 annually by July 1 through the Commission’s electronic filing system.
19
Form 6 requires filers to report their net worth, assets, and liabilities. Each asset valued over
$1,000 must be specifically identified and reported, and each liability over $1,000 must include
the creditor’s name and address and the amount owed. Filers must also disclose the value of their
net worth as of December 31 of the previous year or a more current date.
20
Statement of Financial Interests—Limited Financial Disclosure
In addition to the full financial disclosure required on Form 6, current law provides for a more
limited financial disclosure using the Commission on Ethics’ CE Form 1 (Form 1).
21
Form 1
must be filed by a wide range of public officers and employees, including all officers holding
elected positions in any political subdivision of the state (other than counties), certain appointed
10
Section 1001.61(1), F.S.
11
Section 1001.61(2), F.S.
12
FLA. CONST. art. IX, s. 8(c).
13
Section 1001.61(3), F.S.
14
Section 1001.61(4), F.S.
15
FLA. CONST. art II, s. 8(a).; See ss. 112.3144(1)(b) and 112.3145, F.S.
16
FLA. CONST. art II, s. 8.
17
See 112.3144(6)(c) and (7)(a), F.S.
18
See Rule 34-8.002, F.A.C.
19
FLA. CONST. art II, s. 8(j)(1); See s. 112.3144(2), F.S.
20
See FLA. CONST. art II, s. 8(j)(1); s. 112.3144(5)-(6), F.S.; Rule 34-8.004, F.A.C.
21
See s. 112.3145, F.S.; Rule 34-8.202, F.A.C. BILL: SB 1726 Page 4
local officials, specified state officers and employees, and individuals seeking to qualify as
candidates for these state or local offices.
22
Form 1 requires filers to disclose specified information about their financial interests, including
sources of income, real property, intangible personal property, liabilities, and interests in certain
businesses.
Filers are not required to report exact dollar amounts; instead, they must disclose
whether the value of assets or liabilities exceeds certain thresholds.
23
Presidential Search and Selection
State University System
The BOG is responsible for confirming the selection and reappointment of state university
presidents by each UBOT.
24 The UBOT chair, in consultation with the BOG chair, appoints a 15-
member presidential search committee. The committee must include at least three UBOT
members, two BOG designees, and representatives from groups such as faculty, students,
foundation or financing boards, alumni, donors, and community members. Individuals who
report directly to the president are prohibited from serving on the committee.
25
The search committee is responsible for developing position criteria aligned with the institution’s
goals, vetting applicants, reviewing public records, conducting interviews, and recommending an
unranked list of more than two qualified final applicants to the UBOT.
26
All individuals with
access to confidential applicant information are required to sign a non-disclosure agreement
(NDA) to ensure the confidentiality of that information.
27
The list of final applicants is subject to
prior review and approval by the BOG chair. If exceptional circumstances make it infeasible to
recommend more than two applicants, the committee must document the reason and determine
whether additional applications should be solicited.
28 The UBOT selects a president-elect from
the recommended list and submits the selection to the BOG for confirmation.
29
In the event a UBOT selects an interim president, a formal search is not required; however, the
interim appointment must still be confirmed by the BOG. A UBOT may delegate full authority to
an interim president to serve before confirmation if determined to be in the best interest of the
university.
A public records exemption applies to the personal identifying information of applicants for the
position of university president. This information remains confidential until a final group of
applicants is established or 21 days before an interview or final action is taken, whichever occurs
22
See s. 112.3145, F.S.; Rule 34-8.202, F.A.C. For a guide explaining who must file the Form 1 and what the Form 1 entails,
see Florida Commission on Ethics, Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees,
p. 15-19, available at https://ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf?cp=2023310 (last visited
Apr. 1, 2025).
23
Section 112.3145, F.S.
24
Section 1001.706(6)(a), F.S.
25
Board of Governors Regulation 1.002(1)(a).
26
Board of Governors Regulation 1.002(1)(c).
27
Board of Governors Regulation 1.002(3) and s. 1004.098, F.S.
28
Board of Governors Regulation 1.002(1)(c).
29
Board of Governors Regulation 1.002(1)(d). BILL: SB 1726 Page 5
first. Meetings held for the purpose of identifying or vetting applicants are exempt from public
meeting requirements; however, a complete recording must be made and maintained.
Once the
final group of applicants is determined, public meeting and disclosure requirements apply.
30
Florida College System
Each FCS institution's board of trustees is responsible for appointing, suspending, or removing
the college president. Boards may, but are not required to, establish a presidential search
committee.
31 Upon taking action to appoint, suspend, or dismiss a president, the board must
immediately notify the SBE. The UBOT must also inform the president, at the time of contract
issuance, of their assigned duties, the procedure by which performance will be evaluated, and the
criteria used in the evaluation.
32
Boards are required to evaluate the president annually and submit the completed evaluation to
the SBE for review.
33
The evaluation must address the president’s achievement of performance
goals established through the accountability process and must be conducted in accordance with
SBE rules.
34
A public records exemption applies to the personal identifying information of applicants for the
position of college president. This information remains confidential until a final group of
applicants is established or 21 days before an interview or final action is taken, whichever occurs
first. Meetings held for the purpose of identifying or vetting applicants are exempt from public
meeting requirements; however, a complete recording must be made and maintained. Once the
final group of applicants is determined, public meeting and disclosure requirements apply.
35
Public Records Exemption
In 2022, the Legislature created a public records and public meetings exemption for presidential
searches at state universities and FCS institutions.
36 The exemption was intended to expand the
pool of qualified applicants by shielding the personal identifying information of candidates who
were not selected as finalists. The personal identifying information of an applicant remains
confidential until a final group of applicants is established or 21 days before a meeting is held to
interview or take final action on a candidate, whichever occurs first.
37
Once that threshold is met,
public records and public meeting requirements apply.
The exemption also provides that meetings held for the purpose of identifying or vetting
applicants are exempt from public meeting requirements; however, a complete recording of any
such meeting must be made and maintained.
Meetings held to establish candidate qualifications
30
Section 1004.098, F.S.
31
Section 1001.64(19), F.S.
32
Rule 6A-14.026, F.A.C.
33
Id.
34
Section 1001.64(19), F.S.
35
Section 1004.098, F.S.
36
Id.
37
Section 1004.098(1), F.S. BILL: SB 1726 Page 6
or compensation frameworks and meetings occurring after the final group of applicants is
determined remain subject to public meeting requirements.
38
The exemption is subject to the Open Government Sunset Review Act
39 and will be repealed on
October 2, 2027, unless reviewed and reenacted by the Legislature.
40
Textbook, Instructional Material, & Course Syllabus Affordability and Transparency
State universities and FCS institutions are required to post, prominently in their course
registration systems and on their websites, lists of required and recommended textbooks and
instructional materials for at least 95 percent of all courses and course sections offered during the
upcoming term. The lists must include the International Standard Book Number (ISBN) or other
identifying information, including, at a minimum: the title, all listed authors, publisher, edition
number, copyright date, published date, and other relevant information necessary to identify the
materials. The lists must:
• Be posted as early as is feasible, but at least 45 days before the first day of class for each
term.
• Remain posted for at least five academic years.
• Be searchable by the course subject, course number, course title, instructor name, textbook or
material title, and author.
• Be easily downloadable by current and prospective students.
For courses that are designated as general education core course options, institutions must also
include course syllabi that provide sufficient detail to inform students of course curriculum, goals
and objectives, student expectations, and how performance will be measured.
41
III. Effect of Proposed Changes:
Financial Disclosure
This bill amends s. 112.3144, F.S., to require each citizen member of the Board of Governors
(BOG) to annually file a full and public disclosure of his or her financial interests beginning on
January 1, 2026.
Board Appointments, Terms, and Residency Requirements
The bill amends s. 1001.01, F.S., to establish term limits for members of the State Board of
Education (SBE). Members may serve only two four-year terms, and the chair may serve only a
single two-year term.
The bill amends s. 1001.61, F.S., to authorize Florida College System (FCS) institution board of
trustees (BOT) members to be reappointed by the Governor for one additional four-year term,
38
Section 1004.098(2), F.S.
39
Section 119.15, F.S.
40
Section 1004.098(3), F.S.
41
Section 1004.085(5), F.S. BILL: SB 1726 Page 7
not to exceed eight consecutive years of service. The bill also authorizes the BOT chair to serve a
single two-year term.
The bill amends s. 1001.70, F.S., to specify that appointed members of the BOG may serve only
a single seven-year term, and that each member appointed by the Governor must be a resident of
the state.
The bill amends s. 1001.71, F.S., to specify that appointed members of a state university board of
trustees (UBOT) may be reappointed for one additional five-year term, not to exceed 10
consecutive years of service. The bill removes diversity from consideration when appointing
members and deletes obsolete language.
Presidential Search and Selection
The bill amends s. 1001.64, F.S., to clarify that the SBE does not have the authority to approve
or confirm an FCS BOT’s appointment, reappointment, suspension, or contract extension of a
president. The BOT chair is required to appoint a presidential search committee when selecting
an interim or permanent president. The search committee must include at least two BOT
members and may include representatives from the institution’s faculty, student body, foundation
board, financing corporation board (if applicable), alumni, donors, and community members.
Individuals who report directly to the president, the Commissioner of Education, and members of
the SBE are prohibited from serving on the committee. The interim or permanent president
appointed by the BOT must be recommended by the search committee.
The bill amends s. 1001.706, F.S., to exclude the university president from the personnel
program established by the BOG for all other university employees. It requires a UBOT to select
and reappoint the university president and requires the UBOT chair to appoint a presidential
search committee when selecting an interim or permanent president. The committee must include
15 members, at least three of whom must be UBOT members, and may include representatives
from the university’s faculty, student body, foundation board, financing corporation board (if
applicable), alumni, donors, and community members. Individuals who report directly to the
president, the Chancellor of the State University System, and members of the BOG are
prohibited from serving on the committee. The appointed president must be recommended by the
search committee. The bill also eliminates the requirement that the BOG confirm or
acknowledge a UBOT’s selection or reappointment of a president.
Textbook, Instructional Material, and Course Syllabus Affordability and Transparency
The bill amends s. 1004.085, F.S., to define the terms “syllabus” or “syllabi” to mean the course
syllabus or syllabi developed by the instructor assigned to the course, and defines “term” to
include the fall, spring, and summer terms. The bill requires FCS and state university institutions
to post information on supplemental textbooks prominently, including those that are open access
or free of cost, for at least 95 percent of all courses and course sections offered during the
upcoming term. Institutions may provide a unique identifier as an alternative to an International
Standard Book Number (ISBN), when appropriate, for each required, recommended, and
supplemental textbook and instructional material, along with other identifying information.
BILL: SB 1726 Page 8
The lists must be based on instructor-submitted materials and, in addition to current
requirements, must be searchable by general education status and course section; include the
duration of any access license; provide cost comparisons between bundled and individual
purchases; and identify the lowest-cost option available.
The bill also requires course syllabi to be current and posted in the same location as the textbook
and instructional materials. Each syllabus must include the course curriculum; required,
recommended, and supplemental materials (regardless of cost or open-access status); specific
course goals, objectives, and student expectations; and details on how student performance will
be evaluated, including grading scale and methodology.
The bill further requires the SBE and BOG to set deadlines for instructors to notify bookstores of
required, recommended, and supplemental materials and to consider strategies for providing
materials to students who cannot afford them, including the use of open-access resources.
Public Records Exemption
The bill repeals s. 1004.098, F.S., eliminating the public records exemption for applicants
seeking a presidency at a state university or FCS institution, thereby making applicant
information subject to public disclosure under Florida’s open records laws.
The bill is effective July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The bill imposes residency and term limitations on members of the Board of Governors
(BOG). Specifically, the bill requires each BOG member to be a Florida resident, and
limits BOG members to a single seven-year term. Art. IX, s. 7(d) of the Florida
Constitution establishes the BOG of the State University System (SUS). The only
qualification in the Constitution for a member of the BOG is that the member must be BILL: SB 1726 Page 9
dedicated to the purposes of the SUS. This section of the Constitution does not provide
for or consider a residency requirement. Additionally, while the Constitution establishes
the staggered terms of seven years for BOG members, it does not specify term limits.
The bill also imposes term limitations on members of a state university board of trustees
(BOT). The bill requires that appointed members may be reappointed for one additional
term, not to exceed 10 years of consecutive service. Art. IX, s. 7(c) of the Florida
Constitution establishes each university BOT—its membership and staggered terms of
five years. The Constitution does not specify a limit to the number of terms a BOT
member may serve.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill does not have a fiscal impact on state revenues or expenditures.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 112.3144, 1001.01,
1001.61, 1001.64, 1001.70, 1001.706, 1001.71, and 1004.085.
This bill repeals section 1004.098 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None. BILL: SB 1726 Page 10
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.