Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1296
       
       
       
       
       
       
                                Ì404368?Î404368                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2019           .                                
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       The Committee on Education (Diaz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (j) is added to subsection (3) of
    6  section 1001.706, Florida Statutes, paragraph (e) of subsection
    7  (5) of that section is amended, and paragraph (i) is added to
    8  that subsection, to read:
    9         1001.706 Powers and duties of the Board of Governors.—
   10         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
   11  OPERATION OF STATE UNIVERSITIES.—
   12         (j)The Board of Governors shall require each institution
   13  to conduct an annual assessment of the intellectual freedom and
   14  viewpoint diversity at that institution. The Board of Governors
   15  shall select or create an objective, nonpartisan, and
   16  statistically valid survey, to be used by each institution, that
   17  considers the extent to which competing ideas and perspectives
   18  are presented and members of the university community feel free
   19  to express their beliefs and viewpoints on campus and in the
   20  classroom. The Board of Governors shall annually compile and
   21  publish the assessments by September 1 of each year, beginning
   22  with September 1, 2020.
   23         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
   24         (e) The Board of Governors shall maintain an effective
   25  information system to provide accurate, timely, and cost
   26  effective information about each university. The board shall
   27  continue to collect and maintain, at a minimum, management
   28  information as such information existed on June 30, 2002. The
   29  Office of the Inspector General shall annually verify the
   30  accuracy of the data used to implement ss. 1001.7065 and
   31  1001.92.
   32         (i)The Board of Governors shall match individual student
   33  information with information in the files of state and federal
   34  agencies that maintain educational and employment records. The
   35  board must enter into an agreement with the Department of
   36  Economic Opportunity that allows access to the individual
   37  reemployment assistance wage records maintained by the
   38  department. The agreement must protect individual privacy and
   39  provide that student information may be used only for the
   40  purposes of auditing or evaluating higher education programs
   41  offered by state universities.
   42         Section 2. Subsections (3) through (7) of section
   43  1001.7065, Florida Statutes, are renumbered as subsections (4)
   44  through (8), respectively, a new subsection (3) is added to that
   45  section, and paragraphs (c), (d), (j), (k), and (l) of
   46  subsection (2) are amended, to read:
   47         1001.7065 Preeminent state research universities program.—
   48         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
   49  following academic and research excellence standards are
   50  established for the preeminent state research universities
   51  program:
   52         (c) A freshman retention rate of 90 percent or higher for
   53  full-time, first-time-in-college students, as reported annually
   54  in the Board of Governors Accountability Plan to the Integrated
   55  Postsecondary Education Data System (IPEDS).
   56         (d) A 4-year graduation rate of 60 percent or higher for
   57  full-time, first-time-in-college students, as reported annually
   58  in the Board of Governors Accountability Plan to the IPEDS.
   59  However, for the 2018 determination of a state university’s
   60  preeminence designation and the related distribution of the
   61  2018-2019 fiscal year appropriation associated with preeminence
   62  and emerging preeminence, a university is considered to have
   63  satisfied this graduation rate measure by attaining a 6-year
   64  graduation rate of 70 percent or higher by October 1, 2017, for
   65  full-time, first-time-in-college students, as reported to the
   66  IPEDS and confirmed by the Board of Governors.
   67         (j) Four hundred or more doctoral degrees awarded annually,
   68  including professional doctoral degrees awarded in medical and
   69  health care disciplines, as reported annually in the Board of
   70  Governors Annual Accountability Plan Report.
   71         (k) Two hundred or more postdoctoral appointees annually,
   72  as reported annually in the Board of Governors Accountability
   73  Plan TARU annual report.
   74         (l) An endowment of $500 million or more, as reported
   75  annually in the Board of Governors Annual Accountability Plan
   76  Report.
   77         (3)The Board of Governors shall use its 2019
   78  Accountability Plan for determining a state university’s
   79  preeminence designation and distributing awards for the 2019
   80  2020 fiscal year appropriation. This subsection shall expire on
   81  July 1, 2020.
   82         Section 3. Subsection (1) of section 1001.92, Florida
   83  Statutes, is amended to read:
   84         1001.92 State University System Performance-Based
   85  Incentive.—
   86         (1) A State University System Performance-Based Incentive
   87  shall be awarded to state universities using performance-based
   88  metrics adopted by the Board of Governors of the State
   89  University System. Beginning with the Board of Governors’
   90  determination of each university’s performance improvement and
   91  achievement ratings for 2018, and the related distribution of
   92  the annual 2018-2019 fiscal year appropriation, the performance
   93  based metrics must include:
   94         (a) 4-year graduation rates;
   95         (b)Beginning in fiscal year 2020-2021, 2-year graduation
   96  rates for full-time 2+2 associate degree transfer students from
   97  Florida College System institutions, with points deducted for
   98  decreases in the enrollment of associate in arts degree transfer
   99  students;
  100         (c) Retention rates;
  101         (d) Postgraduation education rates;
  102         (e) Degree production;
  103         (f) Affordability;
  104         (g) Postgraduation employment and salaries, including wage
  105  thresholds that reflect the added value of a baccalaureate
  106  degree;
  107         (h) Access rate, based on the percentage of undergraduate
  108  students enrolled during the fall term who received a Pell Grant
  109  during the fall term;
  110         (i)Beginning in fiscal year 2020-2021, 6-year graduation
  111  rates for students who are eligible for a Pell Grant as compared
  112  with students who are not eligible for a Pell Grant, with points
  113  deducted for decreases in the enrollment of students who are
  114  eligible for a Pell Grant; and
  115         (j)Beginning in fiscal year 2020-2021, the percent of
  116  students graduating without excess hours.
  117  
  118  The Board of Governors may approve and other metrics approved by
  119  the board in a publicly formally noticed meeting. The board
  120  shall adopt benchmarks to evaluate each state university’s
  121  performance on the metrics to measure the state university’s
  122  achievement of institutional excellence or need for improvement
  123  and minimum requirements for eligibility to receive performance
  124  funding. Benchmarks and metrics may not be adjusted after
  125  university performance data has been received by the Board of
  126  Governors Access rate benchmarks must be differentiated and
  127  scored to reflect the varying access rate levels among the state
  128  universities; however, the scoring system may not include bonus
  129  points.
  130         Section 4. Section 1001.92(1)(h), Florida Statutes, as
  131  amended by this act is repealed on June 30, 2020.
  132         Section 5. Paragraph (b) of subsection (2) of section
  133  1004.28, Florida Statutes, is amended to read:
  134         1004.28 Direct-support organizations; use of property;
  135  board of directors; activities; audit; facilities.—
  136         (2) USE OF PROPERTY.—
  137         (b) The board of trustees, in accordance with regulations
  138  and guidelines of the Board of Governors, shall prescribe by
  139  regulation conditions with which a university direct-support
  140  organization must comply in order to use property, facilities,
  141  or personal services at any state university, including that
  142  personal services must comply with s. 1012.976. Such regulations
  143  shall provide for budget and audit review and oversight by the
  144  board of trustees, including thresholds for approval of
  145  purchases, acquisitions, projects, and issuance of debt.
  146  Beginning No later than July 1, 2019, the transfer of a state
  147  appropriation by the board of trustees to any direct-support
  148  organization and its not-for-profit subsidiaries and affiliates
  149  may only include only funds pledged for capital projects.
  150  Beginning July 1, 2019, and annually thereafter, Each university
  151  board of trustees shall annually report to the Legislature the
  152  amount of state appropriations transferred to any direct-support
  153  organization and its not-for-profit subsidiaries and affiliates
  154  during the previous fiscal year, the purpose for which the funds
  155  were transferred, and the remaining balance of any funds
  156  transferred.
  157         Section 6. Subsections (1), (4), and (5), and paragraph (a)
  158  of subsection (6) of section 1004.335, Florida Statutes, are
  159  amended to read:
  160         1004.335 Accreditation consolidation of University of South
  161  Florida branch campuses.—
  162         (1) The University of South Florida Consolidation Planning
  163  Study and Implementation Task Force is established to develop
  164  recommendations to improve service to students by phasing out
  165  the separate accreditation of the University of South Florida
  166  St. Petersburg branch campus and the University of South Florida
  167  Sarasota/Manatee branch campus, which were conferred by the
  168  Southern Association of Colleges and Schools Commission on
  169  Colleges (SACSCOC) pursuant to ss. 1004.33 and 1004.34,
  170  respectively.
  171         (4) No later than February 15, 2019, the task force must
  172  submit a report to the University of South Florida Board of
  173  Trustees which includes, at a minimum, recommendations on the
  174  following:
  175         (a) Identification of specific degrees in programs of
  176  strategic significance, including health care, science,
  177  technology, engineering, mathematics, and other program
  178  priorities to be offered at the University of South Florida St.
  179  Petersburg branch campus and the University of South Florida
  180  Sarasota/Manatee branch campus and the timeline for the
  181  development and delivery of programs on each campus;
  182         (b) Maintaining the unique identity of each campus and an
  183  assessment of whether a separate educational mission is
  184  beneficial to the future of each campus;
  185         (c) Maintaining faculty input from all campuses during the
  186  review and development of general education requirements to
  187  reflect the distinctive identity of each campus;
  188         (d) Developing the research capacity at each campus;
  189         (e) Equitable distribution of programs and resources to
  190  establish pathways to admission for all students who require
  191  bridge programming and financial aid;
  192         (f) Establishing budget transparency and accountability
  193  regarding the review and approval of student fees among
  194  campuses, including fee differentials and athletic fees, to
  195  enable the identification of the equitable distribution of
  196  resources to each campus, including the University of South
  197  Florida Health; and
  198         (g) Developing and delivering integrated academic programs,
  199  student and faculty governance, and administrative services to
  200  better serve the students, faculty, and staff at the University
  201  of South Florida College of Marine Science, the University of
  202  South Florida Sarasota/Manatee branch campus, and the University
  203  of South Florida St. Petersburg branch campus.
  204         (5) No later than March 15, 2019, the Board of Trustees of
  205  the University of South Florida, after considering the
  206  recommendations of the task force, must adopt and submit to the
  207  Board of Governors an implementation plan that:
  208         (a) Establishes a timeline for each step that is necessary
  209  to terminate the separate accreditation for each campus no later
  210  than June 30, 2020, while maintaining branch campus status for
  211  both campuses, so that there is no lapse in institutional
  212  accreditation for any campus during the phasing-out process.
  213         (b) Minimizes disruption to students attending any the
  214  University of South Florida or any of its branch campuses campus
  215  so that the consolidation of SACSCOC accreditation does not
  216  impede a student’s ability to graduate within 4 years after
  217  initial first-time-in-college enrollment.
  218         (c) Requires that, on or before July 1, 2020, the entirety
  219  of the University of South Florida, including all branch
  220  campuses and other component units of the university, operate
  221  under a single institutional accreditation from the SACSCOC.
  222         (d) Requires that, on each regularly scheduled submission
  223  date subsequent to July 1, 2020, the University of South Florida
  224  report consolidated data for all of the university’s campuses
  225  and students to the Integrated Postsecondary Education Data
  226  System and to the Board of Governors. The Board of Governors
  227  shall use the consolidated data for purposes of determining
  228  eligibility for funding pursuant to ss. 1001.7065 and 1001.92.
  229         (6) Notwithstanding ss. 1001.7065 and 1001.92 or any Board
  230  of Governors regulation to the contrary relating to the
  231  calculation of graduation rates and retention rates, a student
  232  who meets all of the following criteria may not be counted by
  233  the Board of Governors when calculating or confirming the
  234  graduation rate or the retention rate of the University of South
  235  Florida under those sections:
  236         (a) The student was admitted to and initially enrolled
  237  before the spring 2020 semester as a first-time-in-college
  238  student at the University of South Florida St. Petersburg branch
  239  campus or the University of South Florida Sarasota/Manatee
  240  branch campus.
  241         Section 7. Paragraph (b) of subsection (4) and paragraph
  242  (b) of subsection (5) of section 1004.41, Florida Statutes, are
  243  amended, paragraph (g) is added to subsection (4), and paragraph
  244  (f) is added to subsection (5) of that section, to read:
  245         1004.41 University of Florida; J. Hillis Miller Health
  246  Center.—
  247         (4)
  248         (b) The University of Florida Board of Trustees shall
  249  provide in the lease or by separate contract or agreement with
  250  Shands Teaching Hospital and Clinics, Inc., for the following:
  251         1. Approval of the articles of incorporation of Shands
  252  Teaching Hospital and Clinics, Inc., by the University of
  253  Florida Board of Trustees.
  254         2. Governance of Shands Teaching Hospital and Clinics,
  255  Inc., by a board of directors appointed, subject to removal, and
  256  chaired by the President of the University of Florida, or his or
  257  her designee, and vice chaired by the Vice President for Health
  258  Affairs of the University of Florida or his or her designee. The
  259  University of Florida Board of Trustees shall approve all
  260  appointments to the board and its not-for-profit subsidiaries
  261  and affiliates.
  262         3. Use of hospital facilities and personnel in support of
  263  community service and patient care, research programs, and the
  264  teaching roles of the health center.
  265         4. Continued recognition of the collective bargaining units
  266  and collective bargaining agreements as currently composed and
  267  recognition of the certified labor organizations representing
  268  those units and agreements.
  269         5. Use of hospital facilities and personnel in connection
  270  with research programs conducted by the health center.
  271         6. Reimbursement to Shands Teaching Hospital and Clinics,
  272  Inc., for indigent patients, state-mandated programs,
  273  underfunded state programs, and costs to Shands Teaching
  274  Hospital and Clinics, Inc., for support of the teaching and
  275  research programs of the health center. Such reimbursement shall
  276  be appropriated to either the health center or Shands Teaching
  277  Hospital and Clinics, Inc., each year by the Legislature after
  278  review and approval of the request for funds.
  279         7. Audit of the financial statements of Shands Teaching
  280  Hospital and Clinics, Inc., in accordance with generally
  281  accepted accounting principles as prescribed by the Governmental
  282  Accounting Standards Board for a separate corporation affiliated
  283  with a government entity that holds a voting majority interest
  284  of the affiliated corporation’s governing board. The financial
  285  statements shall be provided to the University of Florida Board
  286  of Trustees for attachment to its audited financial statement
  287  which is provided to the Auditor General. The University of
  288  Florida may obtain additional financial information from Shands
  289  Teaching Hospital and Clinics, Inc., upon request by the Auditor
  290  General. This subparagraph applies equally to any not-for-profit
  291  subsidiary of Shands Teaching Hospital and Clinics, Inc., which
  292  directly delivers health care services and also qualifies as an
  293  instrumentality of the state under the governance control and
  294  the primary purpose standards specified in this section.
  295         (g)Beginning July 1, 2019, the transfer of state
  296  appropriations by the University of Florida Board of Trustees to
  297  Shands Teaching Hospital and Clinic, Inc., and its not-for
  298  profit subsidiaries and affiliates may only include funds
  299  pledged for capital projects, for the delivery of health care
  300  services, as matching dollars for intergovernmental services, or
  301  for funding graduate medical education.
  302         (5)
  303         (b) The University of Florida Board of Trustees shall
  304  provide in the lease or by separate contract or agreement with
  305  Shands Jacksonville Medical Center, Inc., and Shands
  306  Jacksonville HealthCare, Inc., for the following:
  307         1. Approval of the articles of incorporation of Shands
  308  Jacksonville Medical Center, Inc., and of Shands Jacksonville
  309  HealthCare, Inc., by the University of Florida Board of
  310  Trustees, which may act through the president of the university
  311  or his or her designee. In approving the articles of
  312  incorporation of Shands Jacksonville Medical Center, Inc., and
  313  of Shands Jacksonville HealthCare, Inc., the president of the
  314  university, or his or her designee, may act as the chair of the
  315  board of directors, or the president of the university or his or
  316  her designee or members of the University of Florida Board of
  317  Trustees may act as the approving body of Shands Jacksonville
  318  Medical Center, Inc., or Shands Jacksonville HealthCare, Inc.
  319         2. Governance of Shands Jacksonville Medical Center, Inc.,
  320  and of Shands Jacksonville HealthCare, Inc., by boards of
  321  directors appointed, subject to removal, and chaired by the
  322  President of the University of Florida, or his or her designee.
  323  One director of each board may be so appointed after being
  324  nominated by the mayor of the City of Jacksonville subject to
  325  the applicable standards for directors of such board. If there
  326  is a vice chair of the board of directors of Shands Jacksonville
  327  Medical Center, Inc., or Shands Jacksonville HealthCare, Inc.,
  328  the Vice President for Health Affairs of the University of
  329  Florida, or his or her designee or the designee of the president
  330  of the university, shall hold that position. The University of
  331  Florida Board of Trustees shall approve all appointments to the
  332  board and its not-for-profit subsidiaries and affiliates.
  333         3. Use of the Shands Jacksonville Medical Center, Inc.,
  334  hospital facilities and personnel in support of community
  335  service and patient care, research programs, and the teaching
  336  roles of the health center of the University of Florida Board of
  337  Trustees.
  338         4. Reimbursement to Shands Jacksonville Medical Center,
  339  Inc., for indigent patients, state-mandated programs,
  340  underfunded state programs, and costs to the not-for-profit
  341  corporation for support of the teaching and research programs of
  342  the health center. Such reimbursement shall be appropriated to
  343  either the health center or the not-for-profit corporation each
  344  year by the Legislature after review and approval of the request
  345  for funds.
  346         5. Audit of the financial statements of Shands Jacksonville
  347  Medical Center, Inc., and Shands Jacksonville HealthCare, Inc.,
  348  in accordance with generally accepted accounting principles as
  349  prescribed by the Governmental Accounting Standards Board for a
  350  separate corporation affiliated with a government entity that
  351  holds a voting majority interest of the affiliated corporation’s
  352  governing board. The financial statements shall be provided to
  353  the University of Florida Board of Trustees for attachment to
  354  its audited financial statement which is provided to the Auditor
  355  General. The University of Florida may obtain additional
  356  financial information from Shands Jacksonville Medical Center,
  357  Inc., and Shands Jacksonville HealthCare, Inc., upon request by
  358  the Auditor General. This subparagraph applies equally to any
  359  not-for-profit subsidiary which directly delivers health care
  360  services and also qualifies as an instrumentality of the state
  361  under the governance control and primary purpose standards
  362  specified in this section.
  363         (f)Beginning July 1, 2019, the transfer of state
  364  appropriations by the University of Florida Board of Trustees to
  365  Shands Jacksonville Medical Center, Inc., and Shands
  366  Jacksonville HealthCare, Inc., and any of their not-for-profit
  367  subsidiaries and affiliates may only include funds pledged for
  368  capital projects, for the delivery of health care services, as
  369  matching dollars for intergovernmental services, or for funding
  370  graduate medical education.
  371         Section 8. Subsection (7) is added to section 1007.23,
  372  Florida Statutes, to read:
  373         1007.23 Statewide articulation agreement.—
  374         (7)The articulation agreement must specifically provide
  375  for a reverse transfer agreement for Florida College System
  376  associate in arts degree-seeking students who transfer to a
  377  state university before earning an associate in arts degree.
  378  Students must be awarded an associate in arts degree by the
  379  Florida College System institution upon completion of degree
  380  requirements at the state university if the student earned a
  381  majority of the credit hours from the Florida College System
  382  institution. State universities must identify students who have
  383  completed requirements for the associate in arts degree and
  384  transfer credits earned at the state university back to the
  385  Florida College System institution so that the associate in arts
  386  degree may be awarded by the Florida College System institution.
  387         Section 9. Upon the expiration and reversion of the
  388  amendment made to section 1009.215, Florida Statutes, pursuant
  389  to section 13, chapter 2018-10, Laws of Florida, subsection (3)
  390  of section 1009.215, Florida Statutes, is amended to read:
  391         1009.215 Student enrollment pilot program for the spring
  392  and summer terms.—
  393         (3) Students who are enrolled in the pilot program and who
  394  are eligible to receive Bright Futures Scholarships under ss.
  395  1009.53-1009.536 shall be eligible to receive the scholarship
  396  award for attendance during the spring and summer terms. This
  397  student cohort shall also be eligible to receive Bright Futures
  398  Scholarships for the fall semester term to be used for off
  399  campus or online coursework, if Bright Futures Scholarship
  400  funding is provided by the Legislature for three terms for that
  401  academic year for other eligible students no more than 2
  402  semesters or the equivalent in any fiscal year, including the
  403  summer term.
  404         Section 10. Subsection (16) of section 1009.24, Florida
  405  Statutes, is amended to read:
  406         1009.24 State university student fees.—
  407         (16) Each university board of trustees may establish a
  408  tuition differential for undergraduate courses upon receipt of
  409  approval from the Board of Governors. However, beginning July 1,
  410  2014, the Board of Governors may only approve the establishment
  411  of or an increase in tuition differential for a state research
  412  university designated as a preeminent state research university
  413  pursuant to s. 1001.7065(4) s. 1001.7065(3). The tuition
  414  differential shall promote improvements in the quality of
  415  undergraduate education and shall provide financial aid to
  416  undergraduate students who exhibit financial need.
  417         (a) Seventy percent of the revenues from the tuition
  418  differential shall be expended for purposes of undergraduate
  419  education. Such expenditures may include, but are not limited
  420  to, increasing course offerings, improving graduation rates,
  421  increasing the percentage of undergraduate students who are
  422  taught by faculty, decreasing student-faculty ratios, providing
  423  salary increases for faculty who have a history of excellent
  424  teaching in undergraduate courses, improving the efficiency of
  425  the delivery of undergraduate education through academic
  426  advisement and counseling, and reducing the percentage of
  427  students who graduate with excess hours. This expenditure for
  428  undergraduate education may not be used to pay the salaries of
  429  graduate teaching assistants. Except as otherwise provided in
  430  this subsection, the remaining 30 percent of the revenues from
  431  the tuition differential, or the equivalent amount of revenue
  432  from private sources, shall be expended to provide financial aid
  433  to undergraduate students who exhibit financial need, including
  434  students who are scholarship recipients under s. 1009.984, to
  435  meet the cost of university attendance. This expenditure for
  436  need-based financial aid shall not supplant the amount of need
  437  based aid provided to undergraduate students in the preceding
  438  fiscal year from financial aid fee revenues, the direct
  439  appropriation for financial assistance provided to state
  440  universities in the General Appropriations Act, or from private
  441  sources. The total amount of tuition differential waived under
  442  subparagraph (b)7. may be included in calculating the
  443  expenditures for need-based financial aid to undergraduate
  444  students required by this subsection. If the entire tuition and
  445  fee costs of resident students who have applied for and received
  446  Pell Grant funds have been met and the university has excess
  447  funds remaining from the 30 percent of the revenues from the
  448  tuition differential required to be used to assist students who
  449  exhibit financial need, the university may expend the excess
  450  portion in the same manner as required for the other 70 percent
  451  of the tuition differential revenues.
  452         (b) Each tuition differential is subject to the following
  453  conditions:
  454         1. The tuition differential may be assessed on one or more
  455  undergraduate courses or on all undergraduate courses at a state
  456  university.
  457         2. The tuition differential may vary by course or courses,
  458  by campus or center location, and by institution. Each
  459  university board of trustees shall strive to maintain and
  460  increase enrollment in degree programs related to math, science,
  461  high technology, and other state or regional high-need fields
  462  when establishing tuition differentials by course.
  463         3. For each state university that is designated as a
  464  preeminent state research university by the Board of Governors,
  465  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  466  tuition differential may be increased by no more than 6 percent
  467  of the total charged for the aggregate sum of these fees in the
  468  preceding fiscal year. The tuition differential may be increased
  469  if the university meets or exceeds performance standard targets
  470  for that university established annually by the Board of
  471  Governors for the following performance standards, amounting to
  472  no more than a 2-percent increase in the tuition differential
  473  for each performance standard:
  474         a. An increase in the 4-year graduation rate for full-time,
  475  first-time-in-college students, as reported annually to the
  476  Integrated Postsecondary Education Data System.
  477         b. An increase in the total annual research expenditures.
  478         c. An increase in the total patents awarded by the United
  479  States Patent and Trademark Office for the most recent years.
  480         4. The aggregate sum of undergraduate tuition and fees per
  481  credit hour, including the tuition differential, may not exceed
  482  the national average of undergraduate tuition and fees at 4-year
  483  degree-granting public postsecondary educational institutions.
  484         5. Beneficiaries having prepaid tuition contracts pursuant
  485  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  486  which remain in effect, are exempt from the payment of the
  487  tuition differential.
  488         6. The tuition differential may not be charged to any
  489  student who was in attendance at the university before July 1,
  490  2007, and who maintains continuous enrollment.
  491         7. The tuition differential may be waived by the university
  492  for students who meet the eligibility requirements for the
  493  Florida public student assistance grant established in s.
  494  1009.50.
  495         8. Subject to approval by the Board of Governors, the
  496  tuition differential authorized pursuant to this subsection may
  497  take effect with the 2009 fall term.
  498         (c) A university board of trustees may submit a proposal to
  499  the Board of Governors to implement a tuition differential for
  500  one or more undergraduate courses. At a minimum, the proposal
  501  shall:
  502         1. Identify the course or courses for which the tuition
  503  differential will be assessed.
  504         2. Indicate the amount that will be assessed for each
  505  tuition differential proposed.
  506         3. Indicate the purpose of the tuition differential.
  507         4. Indicate how the revenues from the tuition differential
  508  will be used.
  509         5. Indicate how the university will monitor the success of
  510  the tuition differential in achieving the purpose for which the
  511  tuition differential is being assessed.
  512         (d) The Board of Governors shall review each proposal and
  513  advise the university board of trustees of approval of the
  514  proposal, the need for additional information or revision to the
  515  proposal, or denial of the proposal. The Board of Governors
  516  shall establish a process for any university to revise a
  517  proposal or appeal a decision of the board.
  518         (e) The Board of Governors shall submit a report to the
  519  President of the Senate, the Speaker of the House of
  520  Representatives, and the Governor describing the implementation
  521  of the provisions of this subsection no later than February 1 of
  522  each year. The report shall summarize proposals received by the
  523  board during the preceding fiscal year and actions taken by the
  524  board in response to such proposals. In addition, the report
  525  shall provide the following information for each university that
  526  has been approved by the board to assess a tuition differential:
  527         1. The course or courses for which the tuition differential
  528  was assessed and the amount assessed.
  529         2. The total revenues generated by the tuition
  530  differential.
  531         3. With respect to waivers authorized under subparagraph
  532  (b)7., the number of students eligible for a waiver, the number
  533  of students receiving a waiver, and the value of waivers
  534  provided.
  535         4. Detailed expenditures of the revenues generated by the
  536  tuition differential.
  537         5. Changes in retention rates, graduation rates, the
  538  percentage of students graduating with more than 110 percent of
  539  the hours required for graduation, pass rates on licensure
  540  examinations, the number of undergraduate course offerings, the
  541  percentage of undergraduate students who are taught by faculty,
  542  student-faculty ratios, and the average salaries of faculty who
  543  teach undergraduate courses.
  544         (f) No state university shall be required to lower any
  545  tuition differential that was approved by the Board of Governors
  546  and in effect prior to January 1, 2009, in order to comply with
  547  the provisions of this subsection.
  548         Section 11. Subsection (4) of section 1011.90, Florida
  549  Statutes, is amended to read:
  550         1011.90 State university funding.—
  551         (4) The Board of Governors shall establish and validate a
  552  cost-estimating system consistent with the requirements of
  553  subsection (1) and shall report as part of its legislative
  554  budget request the actual expenditures for the fiscal year
  555  ending the previous June 30. The legislative budget request must
  556  also include 5-year trend information on the number of faculty
  557  and administrators at each university. The Board of Governors,
  558  by regulation, shall define faculty and administrative personnel
  559  classifications and shall also report the definitions in the
  560  legislative budget request. The growth rate of administrators at
  561  any state university may not exceed the growth rate of faculty.
  562  Expenditure analysis, operating budgets, and annual financial
  563  statements of each university must be prepared using the
  564  standard financial reporting procedures and formats prescribed
  565  by the Board of Governors. These formats shall be the same as
  566  used for the 2000-2001 fiscal year reports. Any revisions to
  567  these financial and reporting procedures and formats must be
  568  approved by the Executive Office of the Governor and the
  569  appropriations committees of the Legislature jointly under the
  570  provisions of s. 216.023(3). The Board of Governors shall
  571  continue to collect and maintain at a minimum management
  572  information existing on June 30, 2002. The expenditure analysis
  573  report shall include total expenditures from all sources for the
  574  general operation of the university and shall be in such detail
  575  as needed to support the legislative budget request.
  576         Section 12. This act shall take effect July 1, 2019.
  577  
  578  ================= T I T L E  A M E N D M E N T ================
  579  And the title is amended as follows:
  580         Delete everything before the enacting clause
  581  and insert:
  582                        A bill to be entitled                      
  583         An act relating to the organization and operation of
  584         state universities; amending s. 1001.706, F.S.;
  585         requiring the Board of Governors to require state
  586         universities to conduct an annual assessment related
  587         to intellectual freedom and viewpoint diversity at
  588         each state university; providing requirements for the
  589         Board of Governors relating to such assessment;
  590         providing requirements for the Office of Inspector
  591         General; requiring the Board of Governors to match
  592         certain student information with specified educational
  593         and employment records; requiring the Board of
  594         Governors to enter into an agreement with the
  595         Department of Economic Opportunity for certain
  596         purposes; providing requirements for such agreement;
  597         amending s. 1001.7065, F.S.; revising the standards
  598         for the preeminent state research universities
  599         program; requiring the Board of Governors to use a
  600         certain plan for determining preeminence designations
  601         and awards for a specified fiscal year; providing for
  602         the expiration of a certain requirement; amending s.
  603         1001.92, F.S.; revising the state university system
  604         performance-based incentives; revising the
  605         performance-based metrics to include specific data
  606         beginning in a certain fiscal year; authorizing the
  607         Board of Governors to approve other metrics;
  608         prohibiting the adjustment of such metrics once
  609         specified data has been received; providing for the
  610         future repeal of s. 1001.92(1)(h), F.S., relating to a
  611         specific performance-based metric for the State
  612         University System Performance-Based Incentive;
  613         amending s. 1004.28, F.S.; providing that state
  614         appropriations transferred to specified entities by
  615         state university boards of trustees may only be used
  616         for specified purposes; revising a specified reporting
  617         requirement; amending s. 1004.335, F.S.; clarifying
  618         that the University of South Florida St. Petersburg
  619         and the University of South Florida Sarasota/Manatee
  620         are branch campuses; amending s. 1004.41, F.S.;
  621         requiring the University of Florida Board of Trustees
  622         to approve appointments to specified boards of
  623         directors and other entities relating to the J. Hillis
  624         Miller Health Center; providing that state
  625         appropriations transferred to certain entities by the
  626         University of Florida Board of Trustees may be used
  627         only for specified purposes; amending s. 1007.23,
  628         F.S.; requiring the statewide articulation agreement
  629         to provide for a reverse transfer agreement; providing
  630         for an associate degree to be awarded to certain
  631         students by Florida College System institutions;
  632         providing requirements for state universities in that
  633         process; amending s. 1009.215, F.S.; providing that
  634         students enrolled in a specified pilot program who are
  635         eligible to receive Bright Futures Scholarships are
  636         also eligible for such scholarship funds for
  637         designated terms under specified circumstances;
  638         amending s. 1009.24, F.S.; conforming a cross
  639         reference; amending s. 1011.90, F.S.; providing
  640         requirements for certain legislative budget requests;
  641         requiring the Board of Governors to adopt regulations
  642         to provide specified definitions; prohibiting
  643         administrator growth rate from exceeding faculty
  644         growth rate; providing an effective date.