Florida Senate - 2020                                    SB 1402
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01365-20                                           20201402__
    1                        A bill to be entitled                      
    2         An act relating to higher education; amending s.
    3         1001.7065, F.S.; revising standards for the preeminent
    4         state research universities program; requiring such
    5         standards to be reported annually in a specified plan;
    6         deleting the “emerging preeminent state research
    7         university” designation within the State University
    8         System; conforming provisions to changes made by the
    9         act; deleting the programs of excellence designation
   10         within the State University System; creating the
   11         “state universities of distinction” designation within
   12         the State University System; requiring the Board of
   13         Governors to establish standards and measures for
   14         specific state university competencies; providing
   15         requirements for such standards and measures;
   16         authorizing the Board of Governors to annually submit
   17         such programs to the Legislature for funding by a
   18         specified date; amending s. 1001.92, F.S.; revising
   19         the performance-based metrics for state universities
   20         to include specific data beginning in a certain fiscal
   21         year; authorizing the Board of Governors to approve
   22         other metrics; prohibiting the adjustment of such
   23         metrics and benchmarks once specified data has been
   24         received; amending s. 1004.085, F.S.; requiring
   25         innovative pricing techniques and payment options to
   26         include an opt-out provision; amending s. 1004.346,
   27         F.S.; removing a limitation on the length of time a
   28         Phosphate Research and Activities Board member may
   29         serve after expiration of his or her term; amending s.
   30         1011.90, F.S.; providing requirements for a specified
   31         legislative budget request; requiring the Board of
   32         Governors to define specified classifications in
   33         regulation and provide such classifications in
   34         specified budget requests; prohibiting the growth rate
   35         of administrators at a state university from exceeding
   36         the growth rate of faculty at such university;
   37         providing effective dates.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Effective upon this act becoming a law,
   42  subsections (2), (3), (5), (6), and (7) of section 1001.7065,
   43  Florida Statutes, are amended to read:
   44         1001.7065 Preeminent state research universities program.—
   45         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
   46  following academic and research excellence standards are
   47  established for the preeminent state research universities
   48  program and shall be reported annually in the Board of Governors
   49  Accountability Plan:
   50         (a) An average weighted grade point average of 4.0 or
   51  higher on a 4.0 scale and an average SAT score of 1800 or higher
   52  on a 2400-point scale or 1200 or higher on a 1600-point scale
   53  for fall semester incoming freshmen, as reported annually.
   54         (b) A top-50 ranking on at least two well-known and highly
   55  respected national public university rankings, including, but
   56  not limited to, the U.S. News and World Report rankings,
   57  reflecting national preeminence, using most recent rankings.
   58         (c) A freshman retention rate of 90 percent or higher for
   59  full-time, first-time-in-college students, as reported annually
   60  to the Integrated Postsecondary Education Data System (IPEDS).
   61         (d) A 4-year graduation rate of 60 percent or higher for
   62  full-time, first-time-in-college students, as reported annually
   63  to the IPEDS. However, for the 2018 determination of a state
   64  university’s preeminence designation and the related
   65  distribution of the 2018-2019 fiscal year appropriation
   66  associated with preeminence and emerging preeminence, a
   67  university is considered to have satisfied this graduation rate
   68  measure by attaining a 6-year graduation rate of 70 percent or
   69  higher by October 1, 2017, for full-time, first-time-in-college
   70  students, as reported to the IPEDS and confirmed by the Board of
   71  Governors.
   72         (e) Six or more faculty members at the state university who
   73  are members of a national academy, as reported by the Center for
   74  Measuring University Performance in the Top American Research
   75  Universities (TARU) annual report or the official membership
   76  directories maintained by each national academy.
   77         (f) Total annual research expenditures, including federal
   78  research expenditures, of $200 million or more, as reported
   79  annually by the National Science Foundation (NSF).
   80         (g) Total annual research expenditures in diversified
   81  nonmedical sciences of $150 million or more, based on data
   82  reported annually by the NSF.
   83         (h) A top-100 university national ranking for research
   84  expenditures in five or more science, technology, engineering,
   85  or mathematics fields of study, as reported annually by the NSF.
   86         (i) One hundred or more total patents awarded by the United
   87  States Patent and Trademark Office for the most recent 3-year
   88  period.
   89         (j) Four hundred or more doctoral degrees awarded annually,
   90  including professional doctoral degrees awarded in medical and
   91  health care disciplines, as reported in the Board of Governors
   92  Annual Accountability Report.
   93         (k) Two hundred or more postdoctoral appointees annually,
   94  as reported in the TARU annual report.
   95         (l) An endowment of $500 million or more, as reported in
   96  the Board of Governors Annual Accountability Report.
   97         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
   98         (a) The Board of Governors shall designate each state
   99  university that annually meets at least 11 of the 12 academic
  100  and research excellence standards identified in subsection (2)
  101  as a “preeminent state research university.”
  102         (b)The Board of Governors shall designate each state
  103  university that annually meets at least 6 of the 12 academic and
  104  research excellence standards identified in subsection (2) as an
  105  “emerging preeminent state research university.”
  106         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  107  SUPPORT.—
  108         (a) A state university that is designated as a preeminent
  109  state research university shall submit to the Board of Governors
  110  a 5-year benchmark plan with target rankings on key performance
  111  metrics for national excellence. Upon approval by the Board of
  112  Governors, and upon the university’s meeting the benchmark plan
  113  goals annually, the Board of Governors shall award the
  114  university its proportionate share of any funds provided
  115  annually to support the program created under this section.
  116         (b) A state university designated as an emerging preeminent
  117  state research university shall submit to the Board of Governors
  118  a 5-year benchmark plan with target rankings on key performance
  119  metrics for national excellence. Upon approval by the Board of
  120  Governors, and upon the university’s meeting the benchmark plan
  121  goals annually, the Board of Governors shall award the
  122  university its proportionate share of any funds provided
  123  annually to support the program created under this section.
  124         (c) The award of funds under this subsection is contingent
  125  upon funding provided by the Legislature to support the
  126  preeminent state research universities program created under
  127  this section. Funding increases appropriated beyond the amounts
  128  funded in the previous fiscal year shall be distributed equally
  129  to as follows:
  130         1. each designated preeminent state research university
  131  that meets the criteria in paragraph (a) shall receive an equal
  132  amount of funding.
  133         2.Each designated emerging preeminent state research
  134  university that meets the criteria in paragraph (b) shall,
  135  beginning in the 2018-2019 fiscal year, receive an amount of
  136  funding that is equal to one-fourth of the total increased
  137  amount awarded to each designated preeminent state research
  138  university.
  139         (6) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  140  AUTHORITY.—The Board of Governors is encouraged to identify and
  141  grant all reasonable, feasible authority and flexibility to
  142  ensure that each designated preeminent state research university
  143  and each designated emerging preeminent state research
  144  university is free from unnecessary restrictions.
  145         (7) STATE UNIVERSITIES PROGRAMS OF DISTINCTION EXCELLENCE
  146  THROUGHOUT THE STATE UNIVERSITY SYSTEM.—The Board of Governors
  147  shall establish standards and measures whereby state
  148  universities that focus on one core competency unique to the
  149  State University System which achieves excellence at the
  150  national or state level, meets state workforce needs, and
  151  fosters an innovation economy that focuses on areas such as
  152  health care, security, transportation, and science, technology,
  153  engineering, and mathematics (STEM), including supply chain
  154  management, individual undergraduate, graduate, and professional
  155  degree programs in state universities which objectively reflect
  156  national excellence can be identified. The Board of Governors
  157  may annually submit such programs and make recommendations to
  158  the Legislature by January September 1 for funding, 2018, as to
  159  how any such programs could be enhanced and promoted.
  160         Section 2. Subsection (1) of section 1001.92, Florida
  161  Statutes, is amended to read:
  162         1001.92 State University System Performance-Based
  163  Incentive.—
  164         (1) A State University System Performance-Based Incentive
  165  shall be awarded to state universities using performance-based
  166  metrics adopted by the Board of Governors of the State
  167  University System. Beginning with the Board of Governors’
  168  determination of each university’s performance improvement and
  169  achievement ratings for 2018, and the related distribution of
  170  annual the 2018-2019 fiscal year appropriation, the performance
  171  based metrics must include:
  172         (a)Beginning in fiscal year 2021-2022, a single graduation
  173  rate metric comprised of 4-year graduation rates for first-time
  174  in-college students and 2-year graduation rates for Florida
  175  College System institution associate in arts transfer students;
  176         (b) Retention rates;
  177         (c) Postgraduation education rates;
  178         (d) Degree production;
  179         (e) Affordability;
  180         (f) Postgraduation employment and salaries, including wage
  181  thresholds that reflect the added value of a baccalaureate
  182  degree;
  183         (g) Access rate, based on the percentage of undergraduate
  184  students enrolled during the fall term who received a Pell Grant
  185  during the fall term; and
  186         (h)Beginning in fiscal year 2021-2022, the 6-year
  187  graduation rate for students who are awarded a Pell Grant in
  188  their first year.
  189  
  190  The Board of Governors may approve and other metrics approved by
  191  the board in a publicly formally noticed meeting. The board
  192  shall adopt benchmarks to evaluate each state university’s
  193  performance on the metrics to measure the state university’s
  194  achievement of institutional excellence or need for improvement
  195  and minimum requirements for eligibility to receive performance
  196  funding. Benchmarks and metrics may not be adjusted after
  197  university performance data has been received by the Board of
  198  Governors Access rate benchmarks must be differentiated and
  199  scored to reflect the varying access rate levels among the state
  200  universities; however, the scoring system may not include bonus
  201  points.
  202         Section 3. Subsection (4) of section 1004.085, Florida
  203  Statutes, is amended to read:
  204         1004.085 Textbook and instructional materials
  205  affordability.—
  206         (4) Each Florida College System institution and state
  207  university board of trustees is authorized to adopt policies in
  208  consultation with providers, including bookstores, which allow
  209  for the use of innovative pricing techniques and payment options
  210  for textbooks and instructional materials. Such policies may
  211  include bulk pricing arrangements that enable students to
  212  purchase course materials or texts that are delivered digitally;
  213  delivered through other technologies that are, or the licenses
  214  of which are, required for use within a course; or delivered in
  215  a print format. Innovative pricing techniques and payment
  216  options must include an opt-in or opt-out provision for students
  217  and may be approved only if there is documented evidence that
  218  the options reduce the cost of textbooks and instructional
  219  materials for students taking a course.
  220         Section 4. Paragraph (c) of subsection (2) of section
  221  1004.346, Florida Statutes, is amended to read:
  222         1004.346 Florida Industrial and Phosphate Research
  223  Institute.—
  224         (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate
  225  Research and Activities Board is created to monitor the
  226  expenditure of funds appropriated to the university from the
  227  Phosphate Research Trust Fund.
  228         (c) Members of the board appointed by the Governor shall be
  229  appointed to 3-year terms. A board member may continue to serve
  230  until a successor is appointed, but not more than 180 days after
  231  the expiration of his or her term. A board member is eligible
  232  for reappointment to subsequent terms.
  233         Section 5. Subsection (4) of section 1011.90, Florida
  234  Statutes, is amended to read:
  235         1011.90 State university funding.—
  236         (4) The Board of Governors shall establish and validate a
  237  cost-estimating system consistent with the requirements of
  238  subsection (1) and shall report as part of its legislative
  239  budget request the actual expenditures for the fiscal year
  240  ending the previous June 30. The legislative budget request must
  241  also include 5-year trend information on the number of faculty
  242  and administrators at each university and the proportion of FTE
  243  dedicated to instruction and research compared to
  244  administration. The Board of Governors, by regulation, shall
  245  define faculty and administrator classifications and shall also
  246  report the definitions in the legislative budget request. The
  247  growth rate of administrators at a state university may not
  248  exceed the growth rate of faculty at such university.
  249  Expenditure analysis, operating budgets, and annual financial
  250  statements of each university must be prepared using the
  251  standard financial reporting procedures and formats prescribed
  252  by the Board of Governors. These formats shall be the same as
  253  used for the 2000-2001 fiscal year reports. Any revisions to
  254  these financial and reporting procedures and formats must be
  255  approved by the Executive Office of the Governor and the
  256  appropriations committees of the Legislature jointly under the
  257  provisions of s. 216.023(3). The Board of Governors shall
  258  continue to collect and maintain at a minimum management
  259  information existing on June 30, 2002. The expenditure analysis
  260  report shall include total expenditures from all sources for the
  261  general operation of the university and shall be in such detail
  262  as needed to support the legislative budget request.
  263         Section 6. Except as otherwise expressly provided in this
  264  act and except for this section, which shall take effect upon
  265  this act becoming a law, this act shall take effect July 1,
  266  2020.