CONSTITUTION FOR THE STUDENT BODY OF THE UNIVERSITY OF FLORIDA
We, the members of the Student Body of the University of Florida, desiring to: Provide a form of government for the supervision of student activities; Provide a forum for the expressions of student views and interests; Maintain academic freedom, academic responsibility, and student rights; Improve student cultural, social, and physical welfare; Develop better educational standards, facilities, and teaching methods; Help promote national and international understanding and fellowship at the student level; and Foster the recognition of the rights and responsibilities of students to the school, the community, and humanity; do hereby establish this Constitution.
ARTICLE I
Section 1. Every full-time student, so defined by the regulations of this University, shall be a member of the Student Body and shall have an equal voice and vote therein with his fellow students. Every student shall be subject to this Constitution, its By-laws and the laws of the Student Body.
Section 2. The governing organization of the Student Body of the University of Florida shall be known as the Student Government of the University of Florida. Student Government shall be recognized as the representative of the Student Body and as such its actions, not limited herein, supersede those of all other student organizations.
Section 3. This Student Government shall be divided into three branches: The executive, the legislative and the judicial.
ARTICLE II
Section 1. All legislative powers of the Student Body shall be vested in the Student Senate.
Section 2. Composition. The Student Senate shall be composed of :
A. Forty (40) members elected in the Fall election from on-campus living areas and from off-campus as apportioned by law. Apportionment shall be on the basis of population, as nearly equal as practicable, and shall provide that each on-campus living area with a minimum of three hundred (300) students elect at least one (1) representative, provided Diamond-Schucht, Corry and Flavet II villages and any other future village shall have one seat. Transferring from a living area, except when such transfer shall have been made unavoidable by the temporary closing thereof, shall constitute de facto resignation from any seat filled by election from that living area with successor to be chosen as provided by the Student Senate.
B. Forty (40) members elected from the Colleges and Schools of the University in Spring Elections as apportioned by law. Such apportionment shall be on the basis of enrollment, and shall provide that each college or school shall elect at least one representative. The freshman and sophomore classes shall each be considered a college within the meaning of this section. Transferring from a college with the exception of the freshman and sophomore classes, shall constitute de facto resignation from a seat elected by the college with the successor to be chosen as provided for by the Student Senate.
C. The Student Senate of the Summer Session, as defined by the Student Senate, shall be composed of the following:
1. Those duly elected members of the Student Senate attending the Summer Session, and
2. The replacements, nominated by those duly elected members who will not be attending Summer Session, provided such replacements are nominated and approved by a majority of the Student Senate before the Summer Session begins. These replacements shall serve for the Summer Session only.
3. Those elected by a majority of the Student Senate to Living-Area or College vacancies not filled by the above procedures. These replacements shall serve for the Summer Session only.
Section 3. Powers. The Student Senate shall have the power to:
A. Determine its rules and procedures, compel the attendance of absent members, censure or expel a member by a two-thirds vote of its membership upon prior written notice to him, elect its officers except those designated herein and fix the time and place of its meetings provided that there be a regular meeting with fixed time and place at least once every two (2) weeks.
B. Provide for the elections of the Student Body, canvass all Student Body elections within 14 days and be the sole judge of the validity thereof and the qualifications of the officers elected therein.
C. Decide all tie elections at its first meeting following canvassing;
D. Enter into contracts and agreements in behalf of the Student Body provided such documents be Laws of the Student Body.
E. The Student Senate shall have power to charter such subsidiary organizations as it may deem necessary to the proper functioning of the government or the general well-being of the Student Body, such charters to be considered Bills of Law and enacted accordingly.
F. The Student Senate shall have power to initiate, grant, amend and revoke amendments to charters through the same process as amending any other Bill of Law and under regulations of the Rules and Procedure of the Student Senate, Student Body Laws and Student Body Constitution, and no amendment to a charter shall be valid unless it has been approved by the Student Senate under said procedure.
G. Approve appointments and recommendations of the President of the Student Body to student government administrative positions, Presidential or University committees and office in subsidiary organizations.
H. Provide for the control and disbursement of Student Body funds.
I. Provide for the succession to those offices of the Student Body not otherwise herein.
J. Require reports from any officer of the Student Body and any chartered or subsidiary organization.
K. Impeach any officer of the Student Body at a meeting of the Student Senate by three-fourths vote of the total membership, In the case that the Vice President of the Student Body is being impeached, the President of the Student Senate shall preside.
L. Approve affiliations between the University of Florida Student Government and any other university, regional, or national organization by a two-thirds vote.
M. Enact all laws necessary and proper for the general well being of the Student Body.
Section 4. Prohibitions. The Student Senate shall not:
A. Enact any law abridging any of its powers delegated by the Constitution;
B. Appropriate funds for a period of over one year;
C. Increase the grant-in-aid of any officer of the Student Body effective to the incumbent at the time of the increase;
D. Infringe the secrecy of the ballot in general Student Body elections;
E. Deny floor privileges in the Student Senate to elected general officers of the Student Body, heads of executive departments, deans of colleges or schools of the University Administrative officers; and,
F. Meet in executive sessions.
Section 5. Procedures
A. No bill shall become law unless it shall be introduced by a member of the Student Senate, read and passed by majority vote at two meetings of the Student Senate, and submitted to the Florida Alligator in the interim.
B. No bill shall become law without the signature of the President of the Student Body provided that withholding of his signature shall constitute veto and that the President of the Student Body must notify the President of the Student Senate within ten (10) days after Senate passage, giving reasons for his veto.
C. The President of the University may veto a proposed Bill of Law. The President of the Student Body shall notify the President of the Senate within ten (10) days after Senate passage, giving reasons for his veto.
D. The Treasurer of the Student Body shall have veto equal with that of the President of the Student Body in all matters concerning Budget approval and revisions to said budget. The Treasurer of the Student Body shall have exclusive veto in matters concerning appropriations from Special Request Funds.
E. Any Bill which the President of the Student Body and the Treasurer of the Student Body shall choose to veto, shall be considered as having been vetoed once.
F. If a Bill of Law has not been vetoed within ten (10) days following its passage, it shall automatically take effect.
G. A vetoed bill may be enacted notwithstanding the veto of the President or Treasurer of the Student Body if it is read a third time in full and passed by a two-thirds vote of the members of the Student Senate present and voting at a regular meeting.
H. The quorum for the conduct of business shall be forty (40) members.
I. All legislation of the Student Senate shall be categorized as follows:
1. Bill of Law, the Budget and Organizations Charters, which are subject to veto as provided for above.
2. Authorizations: Advising, ordering, or prescribing the method for an officer to fulfill some duty provided for in this Constitution, appropriations from Special Request Funds and such appropriations shall be the only Authorizations subject to veto, as provided for above.
3. Resolutions: Expressions of the sentiments of the Student Senate and not subject to veto.
ARTICLE III
Section l. All executive powers of the Student Body shall be vested in the President of the Student Body, assisted by a Vice President and a Treasurer.
Section 2. Election of Executive Officers. The President, Vice President and Treasurer of the Student Body shall be chosen in the Spring Election by a majority vote of the Student Body voting in the election and shall serve for one year. The President and Vice President shall be elected on a joint ticket. The President, Vice President, and Treasurer shall be required to enroll as students for all terms of said year. Enrollment shall be defined as completing registration for classes and paying of required enrollment fees. In the event that no candidate receives a majority there will be a run-off according to the election laws. Nothing in this amendment shall effect the results of the spring election, 1971.
Section 3. Vacancies. If the office of President becomes vacant, such vacancy shall be filled by a succession of the Vice President to that office and afterward succession shall be as provided by law.
Section 4. Powers and Duties of the President
A. The President shall be the chief executive of the Student Body;
B. Take care that all provisions of this Constitution, its By-laws and the laws of the Student Body are faithfully executed;
C. Present to the Student Senate each University term a State of the Campus message;
D. Appoint all committees or commissions not provided in this Constitution which he may deem necessary;
E. Call Special Meetings of the Student Senate.
F. Require the written interpretation of the Student Court of any provision of the Constitution, its By-Laws, or of any Charter, law of the Student Body, or Student Senate Act;
G. Appoint staff assistants or aides not provided for in this Constitution, its By-Laws or laws of the Student Body;
H. Any other power or duty provided for in this Constitution.
Section 5. Executive Cabinet. The President shall appoint, with concurrence of a majority of the Student Senate's members, the officers of the Executive Cabinet who shall be responsible to him for the execution of their duties and shall be subject to removal from office by him. The officers of the Executive Cabinet shall be established by law.
Section 6. Powers and Duties of the Vice President. The Vice President shall exercise the powers and duties of the President in his absence, and assist the President in the conduct of the government. The Vice President shall have the power to appoint staff aides and shall have any other Vice Presidential powers or duties provided in this Constitution.
Section 7. Powers and Duties of the Treasurer. The Treasurer shall keep complete and accurate accounts of all student body funds on deposit with the Cashier of the University; sign all requisitions on said funds on order of the Student Senate, and assist the President in the conduct of government. The Treasurer shall have the power to appoint staff aides, and any other Treasurer's powers or duties provided in this Constitution.
ARTICLE IV
Section 1. Judicial Powers. All judicial power of the Student Body shall be vested in the Student Court and such other tribunals as are established by law.
Section 2. "Commitment to Academic Honesty", "Offenses Against the Student Body". Every student shall be bound by the commitment to academic honesty and the laws of the Student Body enacted in accordance with this constitution. The "Commitment to Academic Honesty" shall prohibit academic dishonesty, and offenses against the Student Body as may be defined by the Student Senate by law.
Section 3. Officers and Members.
A. The Student Court shall be composed of a Chancellor, a Clerk, one Justice from each college, including one Justice from the School of Forestry, and two Justices each from the Freshman and Sophomore classes, and Attorney General, Chief Defense Council, and Bailiff and such lesser officers as are necessary.
B. The Chancellor shall be elected by a majority of those voting in the Spring General Election. At the time of election, the Chancellor shall be a full time law student having completed or presently be taking the law school course in evidence and shall be a member in good standing of the Student Court Bar Association. The Chancellor shall sit as judge in all Student Court proceedings and perform all duties incumbent upon such office; in his absence the Vice Chancellor shall sit as Chancellor. In the event no candidate receives a majority there shall be a run-off according to the election laws. Nothing in this amendment shall effect the results of the spring election 1971.
C. The Justices shall be elected from the College or School in which they are enrolled by a plurality of those voting in the Spring general elections. At the time of election, each Justice must be a full-time student enrolled in the College or School from which he is elected.
D. The Clerk of the Student Court shall be appointed by the Chancellor following the Spring general election. The Clerk shall be a full-time undergraduate student. The Clerk shall be the Chief Administrative officer of the Court and he shall assist the Chancellor in the performance of his duties.
E. In addition, the Chancellor shall appoint an Attorney General, a Chief Defense Counsel, and a Bailiff; the Attorney General and the Chief Defense Counsel shall have the same qualifications as the Chancellor; the Bailiff shall be a full-time student.
There shall be a Board of Masters composed of:
1. The Chancellor of the Student Court, who shall be the presiding officer;
2. The Vice Chancellor of the Student Court, to be appointed jointly by the President of the Student Body and the Chancellor of the Student Court with the approval of two-thirds of the members of the Student Senate present and voting at a regular meeting. The Vice Chancellor must have completed, or be presently taking the course in evidence.
3. Three (3) members appointed jointly by the President of the Student Body and the Chancellor of the Student Court with the approval by two-thirds of the members of the Student Senate present and voting at a regular meeting. They shall have completed the Freshman year of Law School and shall serve for as long as they are members of the Student Body.
Section 4. Vacancy in Office.
A. A vacancy shall exist when any officer of the Court ceases to be a full-time student or when he resigns, is impeached, removed, or otherwise disqualified from holding office in Student Government;
B. If a vacancy occurs in the Office of Chancellor, the President of the Student Body, with majority consent of the Justices, shall appoint a successor who at the time of his appointment shall be a full-time law student having completed the course in evidence, and shall be a member in good standing of the Student Court Bar Association.
C. If a vacancy occurs in the Office of Justice, the Chancellor with majority consent of the Justices, shall appoint a successor who, at the time of his appointment, is a full-time student enrolled in the College or School of his predecessor.
D. Officers appointed under this section shall serve until their elected or appointed successor takes office.
Section 5. Jurisdiction of the Student Court.
A. The Student Court shall have original jurisdiction over violations of the "Commitment to Academic Honesty" and "Offenses Against the Student Body", as defined in Article IV, Section 2.
B. Board of Masters, shall upon written request of the President of the Student Body or upon written petition of twenty (20) members of the Student Body, interpret any part of this Constitution or any laws or charter enacted or granted by the Student Senate.
C. The Board of Masters, shall, upon written request of any student and for good cause shown, order any Officer of the Student Government or of any subsidiary organization, to perform any lawful act or refrain or desist from any action unlawful and such order shall be published in the Florida Alligator for four (4) consecutive publication days within the week following the rendition of the order.
D. The Student Court shall maintain a permanent file of official election results for every General Student Body Election.
E. The Student Court shall have power to punish for contempt of Court.
Section 6. Procedures.
A. The Student Court by a majority vote of the Justices shall make and publish its Rules of Procedure.
B. The accused shall have the right to a speedy and public trial in accordance with the Courts Rules of Procedure in all cases presented by the Attorney General. In all cases where a right to trial by jury is not expressly waived, the accused shall not be found guilty, unless by unanimous vote of six (6) jurors.
C. In all cases where the accused cannot or will not appear for trial within a reasonable time, the Student Court shall have the power to enter a plea of not guilty and conduct a trial by jury in absentia, provided however, that the accused shall be represented by counsel and shall have been afforded reasonable notice of the circumstances of the offense and date of the trial.
D. The Chancellor in conjunction with two justices shall determine the penalty imposed upon every student adjudged guilty of a violation of the "Commitment to Academic Honesty", or of an "Offense Against the Student Body".
E. All final judgments of the Student Court may be appealed to the Student Appeals Court, which shall consist of the three appointed members of the Board of Masters, in accordance with the Student Court Rules of Procedure.
F. No action shall be brought unless an information is filed within sixty (60) days from the date of the violation of offense.
G. All information concerning the identity of the accused shall be held in confidence and shall be disclosed only to the extent necessary for the performance of the official functions of the Student Court as herein described. The Student Court shall have subpoena power over the person and effects of any student.
H. Where a student is found not guilty of the charge or charges brought against him, all records of such charge or charges shall be destroyed. Where a student is found guilty of the charge or charges brought against him, all records of such offense shall be placed in the Student's permanent record file.
I. The Student Court shall be empowered to secure such information from the Dean for Student Development, Registrar or other University personnel as shall be necessary in effectuating the purpose of the Student Court. Such information shall be held in confidence.
Section 7. Penalties.
A. A student adjudged guilty of a "Commitment to Academic Honesty" violation or an "Offense Against the Student Body" may be awarded any or all of the following penalties:
1. A severe reprimand;
2. Penalty hours, not to exceed twenty (20), such penalty hours shall be in addition to the number of hours otherwise required for graduation. Hours earned prior to the end of the term in which the penalty is imposed will not satisfy the penalty requirement;
3. Suspension from the University for a period designated by the Student Court;
4. Expulsion from the University; and
5. Student Court Probation.
B. Penalties for contempt shall not exceed nine (9) hours for each offense.
ARTICLE V
Section 1. There shall be a Traffic Court whose jurisdiction, duties and procedures shall be provided for by law.
Section 2. Presiding officer. There shall be a Chief Justice of the Traffic Court who shall be the presiding judge in all Traffic Court proceedings and shall perform all duties incumbent upon such office as provided by law. The Chief Justice of the Traffic Court shall be elected by a majority vote of the Student Body voting in the Spring Election. In the event that no candidate receives a majority there shall be a runoff according to the election laws. Nothing in this amendment shall effect the results of the Spring Election, 1971.
Section 3. Members. The members of the Traffic Court shall be as provided for by law.
ARTICLE VI
Section l. The Florida Alligator, the Student Yearbook and any other student publications provided for by the Student Senate or the Board of Student Publications shall be free from any censorship or pressure aimed at controlling editorial policy or staff appointments and removal, by Student Government or its officers and members.
Section 2. The Board of Student Publications shall be responsible for the administrative and editorial policy of all student publications, and for the appointment to or removal from elective positions of all student publications.
ARTICLE VII
Section 1. Qualifications for Voting. Only members of the Student Body, as defined in Article 1, shall be entitled to vote in Student Body Elections. 1
Section 2. Two general elections will be held each year; Fall elections shall be held on the fourth Wednesday after Fall term classes commence. Spring elections shall be held on the third Wednesday after classes commence for the first term beginning after March each year. In cases of conflict of the above with school holidays, the Student Senate shall designate, by a two-thirds vote of its members present at a regular meeting, another date. In the event that the University Academic Terms shall be changed from the quarter system the Student Senate shall provide for election dates by a two-thirds vote of its members present and voting at a regular meeting. Nothing in this amendment shall effect the results of the Spring Election, 1971.
Section 3. Time of Assuming Office. The elective officers of the Student Body shall assume the duties of their offices ten (10) days after canvassing of elections by the Student Senate.
Section 4. Qualifications for Office. To be eligible for an office of the Student Government a student must be eligible to vote and have a 2.0 or better average for his total period as a member of the Student Body. Candidates for the offices of President, Vice President, and Treasurer shall have enrolled and completed at least three (3) terms at the University of Florida.
ARTICLE VIII
Section 1. The Student Senate may establish by-laws to this Constitution provided that such by-laws shall not conflict with the provisions herein, and further provided that such by-laws shall be introduced by a member of the Student Senate, read and passed by a two-thirds vote at two meetings of the Senate, and submitted to the Florida Alligator in the interim.
Section 2. The President may veto a proposed by-law provided that he notify the President of the Student Senate within ten (10) days after passage, giving reasons for his veto.
Section 3. The Treasurer may veto a proposed by-law if the by-law concerns financial affairs of the Student Body, provided that he notify the President of the Student Senate within ten (10) days after passage, giving reasons for his veto.
Section 4. The President of the University may veto a proposed by-law. The President of the Student Body shall notify the President of the Student Senate within ten (10)days after the President of the University exercises such veto.
Section 5. Any proposed by-law which the President of the Student Body and the Treasurer of the Student Body both shall choose to veto, shall be considered as having been vetoed once.
Section 6. If a proposed by-law has not been vetoed within ten (10) days following its passage, it shall automatically take effect.
Section 7. A proposed by-law that has been vetoed by the Student Body President and/or Treasurer may be enacted notwithstanding the veto of the President or Treasurer if it is read a third time in full and passed by a three-fourths vote of the Student Senate at a regular meeting.
ARTICLE IX
Section 1. Amendments to the Constitution. This Constitution may be amended by a two-thirds vote of the Student Body voting thereon at a special or general election, providing twenty-five percent of the Student Body casts ballots at that election and providing the amendment has been proposed by:
A. Two-thirds of the Student Senate present and voting at two regular meetings of that body, or
B. Ten (10) percent of the Student Body by petition filed with the Chancellor of the Honor Court not less than fourteen days prior to the regular elections.
Section 2. Publication. The proposed amendment shall be published in the Florida Alligator not less than one nor more than three weeks prior to the election at which it is considered.
ARTICLE X
Section 1. This Constitution shall be in full effect on February 14, 1968, except that Part D. Section 3 of Article IV and Section 2 of Article V shall be suspended until the day of the Spring general election in 1969 at which time it shall take full effect and that Section 3 Article VII shall be suspended until August 1, 1968, at which time it shall be in full effect.
Section 2. All laws established under the procedures of the Constitution of the Student Body and not contrary to the provisions of this Constitution, shall have full effect until they may be amended as provided herein.
1
"All students who pay activity and service fees are entitled to vote in Student Government elections." BOM Opinion 26-090287