(1) LEGISLATIVE INTENT. The Legislature recognizes that the educational opportunities for women athletes are greatly enhanced by providing equal opportunity for women to participate in intercollegiate athletics. Therefore, it is the intent of the Legislature to demonstrate through financial assistance to the State University System and the institutions therein its commitment to the principle of equity by assuring equal opportunity for female athletes. Furthermore, it is the intent of the Legislature that the Title IX regulations of the 1972 Educational Amendments, as amended, form the basis upon which appropriations are made.

(2) COUNCIL.

(a) There is created within the Board of Regents the Council on Equity in Athletics. The council shall meet at least once, but not more than four times, annually. The council shall be composed of: 1. The Chancellor of the State University System or a designee, who shall serve as chair of the council. 2. The Commissioner of Education or a designee. 3. The President of the State Council of Student Body Presidents or a designee. 4. The Equal Employment Opportunity officer for the Department of Education or a designee. 5. The director of the Office of Equal Opportunity Programs for the Board of Regents. 6. One member from each institution within the State University System, at least five of whom shall be women. Except for the Chancellor or his or her designee, the Commissioner of Education or designee, the Equal Employment Opportunity officer for the Department of Education, and the Director of the Board of Regents Office of Equal Opportunity Programs, and except for the President of the State Council of Student Body Presidents, or a designee, who shall be appointed to a term of 1 year, the terms of council members appointed to fill vacancies which occur after August 1, 1991, shall be as follows: three members shall be appointed for 2-year terms; three members shall be appointed for 3-year terms; and three members shall be appointed for 4-year terms. Upon expiration of these members' terms of office, terms of office shall be for 4 years. Institutional members shall be nominated by the university presidents and selected by the Chancellor of the State University System. In the event of a vacancy prior to expiration of a member's term, such vacancy shall be filled by the Chancellor of the State University System.

(b) The council shall have as its primary responsibilities: 1. The determination of available resources for women's intercollegiate athletics at each institution within the State University System. 2. The determination of required resources for women's intercollegiate athletics at each institution within the State University System in order to comply with the provisions herein. 3. The development of a state formula for the request and allocation of funds based on the Title IX regulations, which shall assure equity for funding women's intercollegiate athletics at each institution within the State University System. 4. The advisement of the board of the required appropriation and allocation to assure equity as provided herein.

(3) FUNDING.

(a) An equitable portion of all separate athletic fees shall be designated for women's intercollegiate athletics.

(b) The level of funding and percentage share of support for women's intercollegiate athletics shall be determined by the Board of Regents, in consultation with the Council on Equity in Athletics. The level of funding and percentage share attained in the 1980-1981 fiscal year shall be the minimum level and percentage maintained by each institution, except as the Board of Regents otherwise directs for the purpose of assuring equity. Consideration shall be given by the Board of Regents to emerging athletic programs at state universities which may not have the resources to secure external funds to provide athletic opportunities for women. It is the intent that the effect of any redistribution of funds among institutions shall not negate the requirements as set forth in this section.

(c) In addition to the above amount, an amount equal to the sales taxes collected from admission to athletic events sponsored by an institution within the State University System shall be retained and utilized by each institution to support women's athletics.

(4) GENDER EQUITY PLAN.

(a) Each state university shall develop a gender equity plan pursuant to s. 228.2001. The council shall review each university's plan to ensure compliance and report such findings to the Board of Regents.

(b) The plan shall include consideration of equity in sports offerings, participation, availability of facilities, scholarship offerings, and funds allocated for administration, recruitment, comparable coaching, publicity and promotion, and other support costs.

(c) The Commissioner of Education shall annually assess the progress of each university's plan and advise the Board of Regents regarding compliance.

(d) The Board of Regents shall annually evaluate the Chancellor and university presidents on the extent to which the gender equity goals have been achieved.

(e) To determine the proper level of support for women's athletic scholarships, an equity plan may determine, where appropriate, that support for women's scholarships may be disproportionate to the support of scholarships for men.

(f) Effective July 1, 1994, if a state university is not in compliance with Title IX of the Education Amendments of 1972 and the Florida Educational Equity Act, the Board of Regents shall: 1. Declare the university ineligible for competitive state grants. 2. Withhold funds sufficient to obtain compliance. The university shall remain ineligible and the funds shall not be paid until the university comes into compliance or the Chancellor approves a plan for compliance.

(5) BOARD OF REGENTS. The Board of Regents shall assure equal opportunity for female athletes and establish:

(a) Guidelines for reporting of intercollegiate athletics data concerning financial, program, and facilities information for review by the Board of Regents annually.

(b) Systematic audits for the evaluation of such data.

(c) Criteria for determining and assuring equity. History: s. 3, ch. 80-359; s. 24, ch. 81-193; s. 1, ch. 81-319; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 83-326; s. 1, ch. 84-47; s. 6, ch. 84-94; s. 27, ch. 87-6; s. 64, ch. 91-45; ss. 1, 3, 4, ch. 91-123; s. 5, ch. 91-429; s. 3, ch. 93-202; s. 75, ch. 95-148.