‘How is this not unconstitutional?‘: Florida Senate higher education bill faces questions as it heads to full vote

TALLAHASSEE, Fla. – In the state capital, a bill heading to the Senate floor could change how leadership is chosen within Florida’s higher education system.

RELATED: Florida legislators pass bill that could reshape how universities select their leadership

The 15-page Senate Bill 1726 addresses various topics related to governance and accountability in Florida’s higher education institutions.

Sen. Alexis Calatayud, representing District 38, emphasized the bill’s intent to uphold academic excellence and accountability.

“The legislation aims to maintain Florida’s commitment to academic excellence and accountability in higher education through changes in governance structure, responsible oversight, and enhanced transparency,” she said.

Under the proposed legislation, the presidential search committee would be required to present three applicants for “final consideration.”

In 2022, former Nebraska Senator Ben Sasse was named the sole finalist for the presidency at the University of Florida. His appointment faced significant backlash from students.

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Sasse stepped down in July, prompting a new search for leadership in Gainesville.

During the Senate Rules Committee meeting, Sen. Blaise Ingoglia, representing District 11, raised concerns about the selection process after the finalists are named.

“Who picks the actual new president? Is it the trustees or is it the Board of Governors?” he asked.

Sen. Calatayud responded that the bill aims to ensure an institution-specific process.

“This bill is focused on making sure it’s an institution specific process and so we have that separation of the university trustees are selecting the president from the three applicants,” she said.

Ingoglia expressed concerns that this approach could shift decision-making authority away from the state level and the Board of Governors, which oversees the operation of the state university system.

Sen. Blaise Ingoglia, R-Spring Hill discusses his Senate Bill 6B: Transportation of Inspected Unauthorized Aliens in the Fiscal Policy Committee meeting Tuesday, Feb. 7, 2023 at the Capitol in Tallahassee, Fla. Florida legislators are meeting in a two-week special session to take up a list of issues proposed by Gov. Ron DeSantis. (AP Photo/Phil Sears) (Copyright 2023 the Associated Press. All rights reserved.)

The Board of Governors consists of 17 members, 14 of whom are appointed by the governor. This board typically performs the confirmation process for university leadership. If the final decision were to rest with the university’s board of trustees, which has 13 members—six appointed by the governor, Ingoglia said that could raise some legal questions.

“How is this not unconstitutional where you’re giving the trustees final say so over the [Board of Governors] when the constitution has it exactly the converse?”

In response, Calatayud said, “It is our belief and understanding that this is a process that is permissible constitutionally.”

Despite the pushback, the bill successfully passed its final committee vote and is now headed for the Senate floor.


About the Author
Chris Will headshot

Chris Will has joined the News4JAX team as a weekend morning reporter, after graduating from the University of Florida in spring 2024. During his time in Gainesville, he covered a wide range of stories across the Sunshine State. His coverage of Hurricane Ian in southwest Florida earned a National Edward R. Murrow Award.

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