Florida Senate - 2012 CS for CS for SB 1752 By the Committees on Budget Subcommittee on Higher Education Appropriations; and Higher Education; and Senators Oelrich and Lynn 605-04237-12 20121752c2 1 A bill to be entitled 2 An act relating to state universities of academic and 3 research excellence and national preeminence; creating 4 s. 1001.765, F.S.; providing a short title; 5 establishing a collaborative partnership between the 6 Board of Governors of the State University System and 7 the Legislature to elevate the academic and research 8 excellence and national preeminence of the highest 9 performing state research universities; authorizing a 10 state research university that meets specified 11 criteria, verified by the Board of Governors, to 12 establish student tuition and fees at differentiated 13 and market rates; providing certain conditions for 14 implementing tuition and fee increases; establishing 15 academic and research excellence standards for state 16 universities of national preeminence; specifying 17 requirements relating to debt service obligations; 18 establishing procedures to obtain certain budget 19 authorization for the 2012-2013 fiscal year; 20 establishing procedures for institutional legislative 21 budget requests for certain tuition and fee increases; 22 authorizing state universities of national preeminence 23 to establish required courses for certain students; 24 encouraging the Board of Governors to identify, grant, 25 and recommend flexibilities to achieve goals and 26 improve the national rankings of programs of 27 excellence; requiring the Board of Governors to 28 oversee implementation; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 1001.765, Florida Statutes, is created 33 to read: 34 1001.765 State universities of academic and research 35 excellence and national preeminence.— 36 (1) This section may be cited as the “State Universities of 37 Academic and Research Excellence and National Preeminence Act.” 38 (2) A collaborative partnership is established between the 39 Board of Governors and the Legislature to elevate the academic 40 and research excellence and national preeminence of Florida’s 41 highest-performing state research universities in accordance 42 with this section. The partnership stems from the State 43 University System Governance Agreement executed on March 24, 44 2010, wherein the Board of Governors and leaders of the 45 Legislature agreed to a framework for the collaborative exercise 46 of their joint authority and shared responsibility for the State 47 University System. Specifically, the governance agreement 48 confirmed the commitment of the Board of Governors and the 49 Legislature to continue collaboration on accountability 50 measures, the use of data, and recommendations derived from such 51 data. 52 (3)(a) Beginning with the 2012-2013 academic year, a state 53 research university that has substantially met at least 11 of 54 the academic and research excellence standards identified in 55 subsection (4), as verified by the Board of Governors, may 56 establish student tuition and fees at differentiated and market 57 rates in addition to the tuition differential fee, 58 notwithstanding the percentages and dollar amount limitations in 59 s. 1009.24, as approved by the university’s board of trustees 60 and the Board of Governors. Tuition and fee increases may occur 61 no more than once each academic year and must be implemented 62 beginning with the fall term. 63 (b) A qualified beneficiary having a prepaid advance 64 payment contract pursuant to s. 1009.98(2)(b) that was in effect 65 prior to the first year a state university receives tuition and 66 fee authority under this subsection, and that remains in effect, 67 is exempt from the payment of any increase to tuition and fees 68 assessed pursuant to this subsection. A qualified beneficiary 69 having a prepaid advance payment contract pursuant to s. 70 1009.98(2)(b) that is entered into the first year a state 71 university receives tuition and fee authority under this 72 subsection, or thereafter, is liable for the difference between 73 the highest rate of tuition and fees covered by the advance 74 payment contract and the tuition and fees assessed pursuant to 75 this subsection by the state university the student attends. 76 (4) Academic and research excellence standards for state 77 universities of national preeminence are: 78 (a) An average weighted grade point average of 3.8 or 79 higher on a 4.0 scale and an average SAT score of 1800 or higher 80 for fall semester incoming freshman, as reported annually. 81 (b) A top 50 ranking on at least two well-known and highly 82 respected national public university rankings, reflecting 83 national preeminence, using most recent rankings. 84 (c) A freshman retention rate of 90 percent or higher for 85 full-time first-time-in-college students, as reported annually 86 to the Integrated Postsecondary Education Data System (IPEDS). 87 (d) A 6-year graduation rate of 70 percent or higher for 88 full-time first-time-in-college students, as reported annually 89 to the IPEDS. 90 (e) Six or more faculty members at the state university who 91 are members of a national academy, as reported by the Center for 92 Measuring University Performance in the Top American Research 93 Universities (TARU) annual report. 94 (f) Total annual research expenditures, including federal 95 research expenditures, of $200 million or more, as reported in 96 the TARU annual report. 97 (g) Total annual research expenditures in diversified 98 nonmedical sciences of $100 million or more, based on data 99 reported annually by the National Science Foundation (NSF). 100 (h) A top 100 university national ranking for research 101 expenditures in five or more science, technology, engineering, 102 or mathematics fields of study, as reported annually by the NSF. 103 (i) One hundred or more total patents awarded by the United 104 States Patent and Trademark Office for the most recent 3-year 105 period. 106 (j) Two hundred fifty or more doctoral degrees awarded 107 annually, as reported in the TARU annual report. 108 (k) Two hundred or more postdoctoral appointees annually, 109 as reported in the TARU annual report. 110 (l) A national quality ranking higher than predicted based 111 on available financial resources rankings, as reported annually 112 by U.S. News and World Report. 113 (m) An endowment of $400 million or more, as reported in 114 the TARU annual report. 115 (n) Annual giving of $50 million or more, as reported in 116 the TARU annual report. 117 (5) Fees collected pursuant to s. 1009.24 that are used to 118 pledge or secure revenue bonds or to secure debt shall be 119 maintained at the appropriate level to meet all debt service 120 obligations of the state university. 121 (6)(a) For the 2012-2013 fiscal year, a state university 122 that meets the requirements of subsection (3), as of February 1, 123 2012, shall submit to the Board of Governors, no later than May 124 31, 2012, the university’s proposal for increasing tuition and 125 fee rates for the 2012-2013 academic year as provided for in 126 this section. Upon approval of the university’s proposal, the 127 Board of Governors shall request an amendment to increase the 128 budget authority in the Education/General Student and Other Fees 129 Trust Fund necessary to accommodate the additional tuition and 130 fee revenues generated by the university’s approved rates. 131 Notwithstanding the $1 million limitation on increases to an 132 approved operating budget contained in ss. 216.181(11) and 133 216.292(3), a budget amendment exceeding that dollar amount is 134 subject to notice and objection procedures set forth in s. 135 216.177. 136 (b) A state university that meets the requirements of 137 subsection (3) shall annually submit to the Board of Governors, 138 no later than May 31, the university’s tuition and fee rate 139 proposal as provided for in this section. Upon approval of the 140 university’s proposal, the Board of Governors shall request, in 141 the board’s annual legislative budget request, budget authority 142 in the Education/General Student and Other Fees Trust Fund 143 necessary to accommodate tuition and fee revenues generated by 144 the university’s approved rates. 145 (7) In order to provide a jointly shared educational 146 experience, a state university that has met the requirements of 147 subsection (3) may require its incoming first-time-in-college 148 students to take a 9-to-12-credit set of courses specifically 149 determined by the university. The state university may require 150 that this set of courses be taken at the university and may 151 stipulate that credit for such courses may not be earned through 152 any acceleration mechanism, pursuant to s. 1007.27 or s. 153 1007.271, or other transfer credit. All accelerated credits 154 earned up to the limits specified in ss. 1007.27 and 1007.271 155 shall be applied toward graduation at the student’s request. 156 (8) The Board of Governors is encouraged to identify and 157 grant additional authority and flexibilities as may be 158 appropriate to achieve state university and State University 159 System goals. In addition, the Board of Governors is encouraged 160 to identify state university programs of academic and research 161 excellence and make recommendations to the Legislature for 162 flexibilities designed to move those programs higher in 163 appropriate nationally recognized rankings. 164 (9) The Board of Governors shall oversee implementation of 165 this section. 166 Section 2. This act shall take effect upon becoming a law.