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A bill to be entitled

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An act relating to university tuition; amending s.

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1009.24, F.S.; revising requirements for the Board of

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Governors in establishing tuition and out-of-state fees

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for graduate and professional programs; revising

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requirements for the Board of Governors in establishing a

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uniform maximum undergraduate tuition differential for

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universities that have research and development

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expenditures of a specified amount; allowing the

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university board of trustees to maintain the differential

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unless otherwise directed by the Board of Governors;

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providing an exemption from payment of the tuition

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differential for beneficiaries of a prepaid tuition

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contract that was in effect on July 1, 2008; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (c) of subsection (4) and subsection

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(16) of section 1009.24, Florida Statutes, as amended by section

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5 of chapter 2007-329, Laws of Florida, are amended to read:

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     1009.24  State university student fees.--

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     (4)

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     (c)  The Board of Governors, or the board's designee, may

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establish tuition for graduate and professional programs, and

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out-of-state fees for all programs. The sum of tuition and out-

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of-state fees assessed to nonresident students must be sufficient

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to offset the full instructional cost of serving such students.

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However, adjustments to out-of-state fees or tuition for graduate

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and professional programs pursuant to this section may not exceed

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10 percent in any year and adjustments to out-of-state fees or

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tuition for professional programs may not exceed 15 percent in

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any year.

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     (16)  The Board of Governors may establish a uniform maximum

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undergraduate tuition differential that does not exceed 40

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percent of tuition for all universities that meet the criteria

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for Funding Level 1 under s. 1004.635(3), and may establish a

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uniform maximum undergraduate tuition differential that does not

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exceed 30 percent of tuition for all universities that have total

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research and development expenditures for all fields of at least

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$100 million per year as reported annually to the National

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Science Foundation meet the criteria for Funding Level 2 under s.

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1004.635(3). Once these criteria have been met and the

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differential established by the Board of Governors, the board of

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trustees of a qualified university may maintain the differential

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unless otherwise directed by the Board of Governors. However, the

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board shall ensure that the maximum tuition differential it

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establishes for universities meeting the Funding Level 1 criteria

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is at least 30 percent greater than the maximum tuition

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differential the board establishes for universities that meet the

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required Funding Level 2 criteria for research and development

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expenditures. The tuition differential is subject to the

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following conditions:

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     (a)  The sum of tuition and the tuition differential may not

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be increased by more than 15 percent of the total charged for

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these fees in the preceding fiscal year.

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     (b)  The tuition differential may not be calculated as a

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part of the scholarship programs established in ss. 1009.53-

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1009.537.

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     (c)  Beneficiaries having prepaid tuition contracts pursuant

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to s. 1009.98(2)(b) which were in effect on July 1, 2008 2007,

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and which remain in effect, are exempt from the payment of the

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tuition differential.

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     (d)  The tuition differential may not be charged to any

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student who was in attendance at the university before July 1,

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2007, and who maintains continuous enrollment.

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     (e)  The tuition differential may be waived by the

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university for students who meet the eligibility requirements for

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the Florida public student assistance grant established in s.

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1009.50.

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     (f)  A university board of trustees that has been authorized

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by the Board of Governors to establish a tuition differential

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pursuant to this subsection may establish the tuition

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differential at a rate lower than the maximum tuition

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differential established by the board, but may not exceed the

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maximum tuition differential established by the board.

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     (g)  The revenue generated from the tuition differential

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must be spent solely for improving the quality of direct

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undergraduate instruction and support services.

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     (h)  Information relating to the annual receipt and

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expenditure of the proceeds from the assessment of the tuition

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differential shall be reported by the university in accordance

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with guidelines established by the Board of Governors.

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     Section 2.  This act shall take effect July 1, 2008.