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