Florida Senate - 2009                       CS for CS for SB 762
       
       
       
       By the Committees on Higher Education Appropriations; and Higher
       Education; and Senators Pruitt and King
       
       
       
       605-03986-09                                           2009762c2
    1                        A bill to be entitled                      
    2         An act relating to state university tuition and fees;
    3         amending s. 216.136, F.S.; requiring the Education
    4         Estimating Conference to develop information relating
    5         to the national average of tuition and fees; amending
    6         s. 1009.01, F.S.; revising the definition of the term
    7         “tuition differential”; amending s. 1009.24, F.S.;
    8         revising provisions relating to the use of the student
    9         financial aid fee; deleting obsolete provisions;
   10         revising provisions relating to the establishment of a
   11         tuition differential; providing requirements for the
   12         assessment and expenditure of a tuition differential;
   13         providing requirements for a university board of
   14         trustees to submit a proposal to the Board of
   15         Governors to implement a tuition differential;
   16         requiring the Board of Governors’ review and approval
   17         of a proposal; requiring the Board of Governors to
   18         report specified information annually to the
   19         Legislature and the Governor; providing for
   20         application; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (a) of subsection (4) of section
   25  216.136, Florida Statutes, is amended to read:
   26         216.136 Consensus estimating conferences; duties and
   27  principals.—
   28         (4) EDUCATION ESTIMATING CONFERENCE.—
   29         (a) The Education Estimating Conference shall develop such
   30  official information relating to the state public and private
   31  educational system, including forecasts of student enrollments,
   32  the national average of tuition and fees at public postsecondary
   33  educational institutions, the number of students qualified for
   34  state financial aid programs and for the William L. Boyd, IV,
   35  Florida Resident Access Grant Program and the appropriation
   36  required to fund the full award amounts for each program, fixed
   37  capital outlay needs, and Florida Education Finance Program
   38  formula needs, as the conference determines is needed for the
   39  state planning and budgeting system. The conference’s initial
   40  projections of enrollments in public schools shall be forwarded
   41  by the conference to each school district no later than 2 months
   42  prior to the start of the regular session of the Legislature.
   43  Each school district may, in writing, request adjustments to the
   44  initial projections. Any adjustment request shall be submitted
   45  to the conference no later than 1 month prior to the start of
   46  the regular session of the Legislature and shall be considered
   47  by the principals of the conference. A school district may amend
   48  its adjustment request, in writing, during the first 3 weeks of
   49  the legislative session, and such amended adjustment request
   50  shall be considered by the principals of the conference. For any
   51  adjustment so requested, the district shall indicate and
   52  explain, using definitions adopted by the conference, the
   53  components of anticipated enrollment changes that correspond to
   54  continuation of current programs with workload changes; program
   55  improvement; program reduction or elimination; initiation of new
   56  programs; and any other information that may be needed by the
   57  Legislature. For public schools, the conference shall submit its
   58  full-time equivalent student consensus estimate to the
   59  Legislature no later than 1 month after the start of the regular
   60  session of the Legislature. No conference estimate may be
   61  changed without the agreement of the full conference.
   62         Section 2. Subsection (3) of section 1009.01, Florida
   63  Statutes, is amended to read:
   64         1009.01 Definitions.—The term:
   65         (3) “Tuition differential” means the supplemental fee
   66  charged to a student for instruction provided by a public
   67  university in this state pursuant to s. 1009.24(16).
   68         Section 3. Subsections (7) and (16) of section 1009.24,
   69  Florida Statutes, are amended to read:
   70         1009.24 State university student fees.—
   71         (7) A university board of trustees is authorized to collect
   72  for financial aid purposes an amount not to exceed 5 percent of
   73  the tuition and out-of-state fee. The revenues from fees are to
   74  remain at each campus and replace existing financial aid fees.
   75  Such funds shall be disbursed to students as quickly as
   76  possible. A minimum of 75 percent of funds from the student
   77  financial aid fee for new financial aid awards shall be used to
   78  provide financial aid based on absolute need. A student who has
   79  received an award prior to July 1, 1984, shall have his or her
   80  eligibility assessed on the same criteria that were used at the
   81  time of his or her original award. The Board of Governors shall
   82  develop criteria for making financial aid awards. Each
   83  university shall report annually to the Board of Governors and
   84  the Department of Education on the revenue collected pursuant to
   85  this subsection, the amount carried forward, the criteria used
   86  to make awards, the amount and number of awards for each
   87  criterion, and a delineation of the distribution of such awards.
   88  The report shall include an assessment by category of the
   89  financial need of every student who receives an award,
   90  regardless of the purpose for which the award is received.
   91  Awards which are based on financial need shall be distributed in
   92  accordance with a nationally recognized system of need analysis
   93  approved by the Board of Governors. An award for academic merit
   94  shall require a minimum overall grade point average of 3.0 on a
   95  4.0 scale or the equivalent for both initial receipt of the
   96  award and renewal of the award.
   97         (16) Each university board of trustees may establish a
   98  tuition differential for undergraduate courses upon receipt of
   99  approval from the Board of Governors. The tuition differential
  100  shall promote improvements in the quality of undergraduate
  101  education and shall provide financial aid to undergraduate
  102  students who exhibit financial need.
  103         (a) Seventy percent of the revenues from the tuition
  104  differential shall be expended for purposes of undergraduate
  105  education. Such expenditures may include, but are not limited
  106  to, increasing course offerings, improving graduation rates,
  107  increasing the percentage of undergraduate students who are
  108  taught by faculty, decreasing student-faculty ratios, providing
  109  salary increases for faculty who have a history of excellent
  110  teaching in undergraduate courses, improving the efficiency of
  111  the delivery of undergraduate education through academic
  112  advisement and counseling, and reducing the percentage of
  113  students who graduate with excess hours. This expenditure for
  114  undergraduate education may not be used to pay the salaries of
  115  graduate teaching assistants. The remaining 30 percent of the
  116  revenues from the tuition differential, or the equivalent amount
  117  of revenue from private sources, shall be expended to provide
  118  financial aid to undergraduate students who exhibit financial
  119  need to meet the cost of university attendance. This expenditure
  120  for need-based financial aid shall not supplant the amount of
  121  need-based aid provided to undergraduate students in the
  122  preceding fiscal year from financial aid fee revenues, the
  123  direct appropriation for financial assistance provided to state
  124  universities in the General Appropriations Act, or from private
  125  sources.
  126         (b) Each tuition differential is subject to the following
  127  conditions:
  128         1.The tuition differential may be assessed on one or more
  129  undergraduate courses or on all undergraduate courses at a state
  130  university.
  131         2.The tuition differential may vary by course or courses,
  132  campus or center location, and by institution. Each university
  133  board of trustees shall strive to maintain and increase
  134  enrollment in degree programs related to math, science, high
  135  technology, and other state or regional high-need fields when
  136  establishing tuition differentials by course.
  137         3.For each state university that has total research and
  138  development expenditures for all fields of at least $100 million
  139  per year as reported annually to the National Science
  140  Foundation, the aggregate sum of tuition and the tuition
  141  differential may not be increased by more than 15 percent of the
  142  total charged for the aggregate sum of these fees in the
  143  preceding fiscal year. For each state university that has total
  144  research and development expenditures for all fields of less
  145  than $100 million per year as reported annually to the National
  146  Science Foundation, the aggregate sum of tuition and the tuition
  147  differential may not be increased by more than 15 percent of the
  148  total charged for the aggregate sum of these fees in the
  149  preceding fiscal year.
  150         4. The aggregate sum of undergraduate tuition and fees per
  151  credit hour, including the tuition differential, may not exceed
  152  the national average of undergraduate tuition and fees at 4-year
  153  degree-granting public postsecondary educational institutions.
  154         5. The tuition differential may not be calculated as a part
  155  of the scholarship programs established in ss. 1009.53-1009.538.
  156         6. Beneficiaries having prepaid tuition contracts pursuant
  157  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  158  which remain in effect, are exempt from the payment of the
  159  tuition differential.
  160         7. The tuition differential may not be charged to any
  161  student who was in attendance at the university before July 1,
  162  2007, and who maintains continuous enrollment.
  163         8. The tuition differential may be waived by the university
  164  for students who meet the eligibility requirements for the
  165  Florida public student assistance grant established in s.
  166  1009.50.
  167         9. Subject to approval by the Board of Governors, the
  168  tuition differential authorized pursuant to this subsection may
  169  take effect with the 2009 fall term.
  170         (c) A university board of trustees may submit a proposal to
  171  the Board of Governors to implement a tuition differential for
  172  one or more undergraduate courses. At a minimum, the proposal
  173  shall:
  174         1. Identify the course or courses for which the tuition
  175  differential will be assessed.
  176         2. Indicate the amount that will be assessed for each
  177  tuition differential proposed.
  178         3. Indicate the purpose of the tuition differential.
  179         4. Indicate how the revenues from the tuition differential
  180  will be used.
  181         5. Indicate how the university will monitor the success of
  182  the tuition differential in achieving the purpose for which the
  183  tuition differential is being assessed.
  184         (d) The Board of Governors shall review each proposal and
  185  advise the university board of trustees of approval of the
  186  proposal, the need for additional information or revision to the
  187  proposal, or denial of the proposal. The Board of Governors
  188  shall establish a process for any university to revise a
  189  proposal or appeal a decision of the board.
  190         (e) The Board of Governors shall submit a report to the
  191  President of the Senate, the Speaker of the House of
  192  Representatives, and the Governor describing the implementation
  193  of the provisions of this subsection no later than January 1,
  194  2010, and no later than January 1 each year thereafter. The
  195  report shall summarize proposals received by the board during
  196  the preceding fiscal year and actions taken by the board in
  197  response to such proposals. In addition, the report shall
  198  provide the following information for each university that has
  199  been approved by the board to assess a tuition differential:
  200         1.The course or courses for which the tuition differential
  201  was assessed and the amount assessed.
  202         2. The total revenues generated by the tuition
  203  differential.
  204         3. With respect to waivers authorized under subparagraph
  205  (b)8., the number of students eligible for a waiver, the number
  206  of students receiving a waiver, and the value of waivers
  207  provided.
  208         4. Detailed expenditures of the revenues generated by the
  209  tuition differential.
  210         5. Changes in retention rates, graduation rates, the
  211  percentage of students graduating with more than 110 percent of
  212  the hours required for graduation, pass rates on licensure
  213  examinations, the number of undergraduate course offerings, the
  214  percentage of undergraduate students who are taught by faculty,
  215  student-faculty ratios, and the average salaries of faculty who
  216  teach undergraduate courses.
  217         (f) No state university shall be required to lower any
  218  tuition differential that was approved by the Board of Governors
  219  and in effect prior to January 1, 2009, in order to comply with
  220  the provisions of this subsection. The Board of Governors may
  221  establish a uniform maximum undergraduate tuition differential
  222  that does not exceed 40 percent of tuition for all universities
  223  that meet the criteria for Funding Level 1 under s. 1004.635(3),
  224  and may establish a uniform maximum undergraduate tuition
  225  differential that does not exceed 30 percent of tuition for all
  226  universities that have total research and development
  227  expenditures for all fields of at least $100 million per year as
  228  reported annually to the National Science Foundation. Once these
  229  criteria have been met and the differential established by the
  230  Board of Governors, the board of trustees of a qualified
  231  university may maintain the differential unless otherwise
  232  directed by the Board of Governors. However, the board shall
  233  ensure that the maximum tuition differential it establishes for
  234  universities meeting the Funding Level 1 criteria is at least 30
  235  percent greater than the maximum tuition differential the board
  236  establishes for universities that meet the required criteria for
  237  research and development expenditures. The tuition differential
  238  is subject to the following conditions:
  239         (a) The sum of tuition and the tuition differential may not
  240  be increased by more than 15 percent of the total charged for
  241  these fees in the preceding fiscal year.
  242         (b) The tuition differential may not be calculated as a
  243  part of the scholarship programs established in ss. 1009.53
  244  1009.537.
  245         (c) Beneficiaries having prepaid tuition contracts pursuant
  246  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  247  which remain in effect, are exempt from the payment of the
  248  tuition differential.
  249         (d) The tuition differential may not be charged to any
  250  student who was in attendance at the university before July 1,
  251  2007, and who maintains continuous enrollment.
  252         (e) The tuition differential may be waived by the
  253  university for students who meet the eligibility requirements
  254  for the Florida public student assistance grant established in
  255  s. 1009.50.
  256         (f) A university board of trustees that has been authorized
  257  by the Board of Governors to establish a tuition differential
  258  pursuant to this subsection may establish the tuition
  259  differential at a rate lower than the maximum tuition
  260  differential established by the board, but may not exceed the
  261  maximum tuition differential established by the board.
  262         (g) The revenue generated from the tuition differential
  263  must be spent solely for improving the quality of direct
  264  undergraduate instruction and support services.
  265         (h) Information relating to the annual receipt and
  266  expenditure of the proceeds from the assessment of the tuition
  267  differential shall be reported by the university in accordance
  268  with guidelines established by the Board of Governors.
  269         Section 4. This act shall take effect July 1, 2009.