Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1752
                                Barcode 595224                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                

       The Committee on Budget Subcommittee on Higher Education
       Appropriations (Oelrich) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1001.765, Florida Statutes, is created
    6  to read:
    7         1001.765 State universities of academic and research
    8  excellence and national preeminence.—
    9         (1) This section may be cited as the “State Universities of
   10  Academic and Research Excellence and National Preeminence Act.”
   11         (2) A collaborative partnership is established between the
   12  Board of Governors and the Legislature to elevate the academic
   13  and research excellence and national preeminence of Florida’s
   14  highest-performing state research universities in accordance
   15  with this section. The partnership stems from the State
   16  University System Governance Agreement executed on March 24,
   17  2010, wherein the Board of Governors and leaders of the
   18  Legislature agreed to a framework for the collaborative exercise
   19  of their joint authority and shared responsibility for the State
   20  University System. Specifically, the governance agreement
   21  confirmed the commitment of the Board of Governors and the
   22  Legislature to continue collaboration on accountability
   23  measures, the use of data, and recommendations derived from such
   24  data.
   25         (3)(a) Beginning with the 2012-2013 academic year, a state
   26  research university that has substantially met at least 11 of
   27  the academic and research excellence standards identified in
   28  subsection (4), as verified by the Board of Governors, may
   29  establish student tuition and fees at differentiated and market
   30  rates in addition to the tuition differential fee,
   31  notwithstanding the percentages and dollar amount limitations in
   32  s. 1009.24, as approved by the university’s board of trustees
   33  and the Board of Governors. Tuition and fee increases may occur
   34  no more than once each academic year and must be implemented
   35  beginning with the fall term.
   36         (b) A qualified beneficiary having a prepaid advance
   37  payment contract pursuant to s. 1009.98(2)(b) that was in effect
   38  prior to the first year a state university receives tuition and
   39  fee authority under this subsection, and that remains in effect,
   40  is exempt from the payment of any increase to tuition and fees
   41  assessed pursuant to this subsection. A qualified beneficiary
   42  having a prepaid advance payment contract pursuant to s.
   43  1009.98(2)(b) that is entered into the first year a state
   44  university receives tuition and fee authority under this
   45  subsection, or thereafter, is liable for the difference between
   46  the highest rate of tuition and fees covered by the advance
   47  payment contract and the tuition and fees assessed pursuant to
   48  this subsection by the state university the student attends.
   49         (4) Academic and research excellence standards for state
   50  universities of national preeminence are:
   51         (a) An average weighted grade point average of 3.8 or
   52  higher on a 4.0 scale and an average SAT score of 1800 or higher
   53  for fall semester incoming freshman, as reported annually.
   54         (b) A top 50 ranking on at least two well-known and highly
   55  respected national public university rankings, reflecting
   56  national preeminence, using most recent rankings.
   57         (c) A freshman retention rate of 90 percent or higher for
   58  full-time first-time-in-college students, as reported annually
   59  to the Integrated Postsecondary Education Data System (IPEDS).
   60         (d) A 6-year graduation rate of 70 percent or higher for
   61  full-time first-time-in-college students, as reported annually
   62  to the IPEDS.
   63         (e) Six or more faculty members at the state university who
   64  are members of a national academy, as reported by the Center for
   65  Measuring University Performance in the Top American Research
   66  Universities (TARU) annual report.
   67         (f) Total annual research expenditures, including federal
   68  research expenditures, of $200 million or more, as reported in
   69  the TARU annual report.
   70         (g) Total annual research expenditures in diversified
   71  nonmedical sciences of $100 million or more, based on data
   72  reported annually by the National Science Foundation (NSF).
   73         (h) A top 100 university national ranking for research
   74  expenditures in five or more science, technology, engineering,
   75  or mathematics fields of study, as reported annually by the NSF.
   76         (i) One hundred or more total patents awarded by the United
   77  States Patent and Trademark Office for the most recent 3-year
   78  period.
   79         (j) Two hundred fifty or more doctoral degrees awarded
   80  annually, as reported in the TARU annual report.
   81         (k) Two hundred or more postdoctoral appointees annually,
   82  as reported in the TARU annual report.
   83         (l) A national quality ranking higher than predicted based
   84  on available financial resources rankings, as reported annually
   85  by U.S. News and World Report.
   86         (m) An endowment of $400 million or more, as reported in
   87  the TARU annual report.
   88         (n) Annual giving of $50 million or more, as reported in
   89  the TARU annual report.
   90         (5) Fees collected pursuant to s. 1009.24 that are used to
   91  pledge or secure revenue bonds or to secure debt shall be
   92  maintained at the appropriate level to meet all debt service
   93  obligations of the state university.
   94         (6)(a) For the 2012-2013 fiscal year, a state university
   95  that meets the requirements of subsection (3), as of February 1,
   96  2012, shall submit to the Board of Governors, no later than May
   97  31, 2012, the university’s proposal for increasing tuition and
   98  fee rates for the 2012-2013 academic year as provided for in
   99  this section. Upon approval of the university’s proposal, the
  100  Board of Governors shall request an amendment to increase the
  101  budget authority in the Education/General Student and Other Fees
  102  Trust Fund necessary to accommodate the additional tuition and
  103  fee revenues generated by the university’s approved rates.
  104  Notwithstanding the $1 million limitation on increases to an
  105  approved operating budget contained in ss. 216.181(11) and
  106  216.292(3), a budget amendment exceeding that dollar amount is
  107  subject to notice and objection procedures set forth in s.
  108  216.177.
  109         (b) A state university that meets the requirements of
  110  subsection (3) shall annually submit to the Board of Governors,
  111  no later than May 31, the university’s tuition and fee rate
  112  proposal as provided for in this section. Upon approval of the
  113  university’s proposal, the Board of Governors shall request, in
  114  the board’s annual legislative budget request, budget authority
  115  in the Education/General Student and Other Fees Trust Fund
  116  necessary to accommodate tuition and fee revenues generated by
  117  the university’s approved rates.
  118         (7) In order to provide a jointly shared educational
  119  experience, a state university that has met the requirements of
  120  subsection (3) may require its incoming first-time-in-college
  121  students to take a 9-to-12-credit set of courses specifically
  122  determined by the university. The state university may require
  123  that this set of courses be taken at the university and may
  124  stipulate that credit for such courses may not be earned through
  125  any acceleration mechanism, pursuant to s. 1007.27 or s.
  126  1007.271, or other transfer credit.
  127         (8) The Board of Governors is encouraged to identify and
  128  grant additional authority and flexibilities as may be
  129  appropriate to achieve state university and State University
  130  System goals. In addition, the Board of Governors is encouraged
  131  to identify state university programs of academic and research
  132  excellence and make recommendations to the Legislature for
  133  flexibilities designed to move those programs higher in
  134  appropriate nationally recognized rankings.
  135         (9) The Board of Governors shall oversee implementation of
  136  this section.
  137         Section 2. This act shall take effect upon becoming a law.
  139  ================= T I T L E  A M E N D M E N T ================
  140         And the title is amended as follows:
  141         Delete everything before the enacting clause
  142  and insert:
  143                        A bill to be entitled                      
  144         An act relating to state universities of academic and
  145         research excellence and national preeminence; creating
  146         s. 1001.765, F.S.; providing a short title;
  147         establishing a collaborative partnership between the
  148         Board of Governors of the State University System and
  149         the Legislature to elevate the academic and research
  150         excellence and national preeminence of the highest
  151         performing state research universities; authorizing a
  152         state research university that meets specified
  153         criteria, verified by the Board of Governors, to
  154         establish student tuition and fees at differentiated
  155         and market rates; providing certain conditions for
  156         implementing tuition and fee increases; establishing
  157         academic and research excellence standards for state
  158         universities of national preeminence; specifying
  159         requirements relating to debt service obligations;
  160         establishing procedures to obtain certain budget
  161         authorization for the 2012-2013 fiscal year;
  162         establishing procedures for institutional legislative
  163         budget requests for certain tuition and fee increases;
  164         authorizing state universities of national preeminence
  165         to establish required courses for certain students;
  166         encouraging the Board of Governors to identify, grant,
  167         and recommend flexibilities to achieve goals and
  168         improve the national rankings of programs of
  169         excellence; requiring the Board of Governors to
  170         oversee implementation; providing an effective date.