Florida Senate - 2020                             CS for SB 1402
       By the Committee on Education; and Senator Diaz
       581-03020-20                                          20201402c1
    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         removing funding provisions for emerging preeminent
    7         state research universities; deleting the programs of
    8         excellence designation within the State University
    9         System; creating the “state universities of
   10         distinction” designation within the State University
   11         System; requiring the Board of Governors to establish
   12         standards and measures for specific state university
   13         competencies; providing requirements for such
   14         standards and measures; authorizing the Board of
   15         Governors to annually submit such programs to the
   16         Legislature for funding by a specified date; amending
   17         s. 1001.92, F.S.; revising the performance-based
   18         metrics for state universities to include specific
   19         data beginning in a certain fiscal year; authorizing
   20         the Board of Governors to approve other metrics;
   21         prohibiting the adjustment of such metrics and
   22         benchmarks once specified data has been received;
   23         amending s. 1004.085, F.S.; requiring innovative
   24         pricing techniques and payment options to include an
   25         opt-out provision; amending s. 1004.346, F.S.;
   26         removing a limitation on the length of time a
   27         Phosphate Research and Activities Board member may
   28         serve after expiration of his or her term; amending s.
   29         1011.90, F.S.; providing requirements for a specified
   30         legislative budget request; requiring the Board of
   31         Governors to define specified classifications in
   32         regulation and provide such classifications in
   33         specified budget requests; prohibiting the growth rate
   34         of administrators at a state university from exceeding
   35         the growth rate of faculty at such university;
   36         providing effective dates.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Effective upon this act becoming a law,
   41  subsections (2), (5), and (7) of section 1001.7065, Florida
   42  Statutes, are amended to read:
   43         1001.7065 Preeminent state research universities program.—
   45  following academic and research excellence standards are
   46  established for the preeminent state research universities
   47  program and shall be reported annually in the Board of Governors
   48  Accountability Plan:
   49         (a) An average weighted grade point average of 4.0 or
   50  higher on a 4.0 scale and an average SAT score of 1800 or higher
   51  on a 2400-point scale or 1200 or higher on a 1600-point scale
   52  for fall semester incoming freshmen, as reported annually.
   53         (b) A top-50 ranking on at least two well-known and highly
   54  respected national public university rankings, including, but
   55  not limited to, the U.S. News and World Report rankings,
   56  reflecting 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 4-year graduation rate of 60 percent or higher for
   61  full-time, first-time-in-college students, as reported annually
   62  to the IPEDS. However, for the 2018 determination of a state
   63  university’s preeminence designation and the related
   64  distribution of the 2018-2019 fiscal year appropriation
   65  associated with preeminence and emerging preeminence, a
   66  university is considered to have satisfied this graduation rate
   67  measure by attaining a 6-year graduation rate of 70 percent or
   68  higher by October 1, 2017, for full-time, first-time-in-college
   69  students, as reported to the IPEDS and confirmed by the Board of
   70  Governors.
   71         (e) Six or more faculty members at the state university who
   72  are members of a national academy, as reported by the Center for
   73  Measuring University Performance in the Top American Research
   74  Universities (TARU) annual report or the official membership
   75  directories maintained by each national academy.
   76         (f) Total annual research expenditures, including federal
   77  research expenditures, of $200 million or more, as reported
   78  annually by the National Science Foundation (NSF).
   79         (g) Total annual research expenditures in diversified
   80  nonmedical sciences of $150 million or more, based on data
   81  reported annually by the NSF.
   82         (h) A top-100 university national ranking for research
   83  expenditures in five or more science, technology, engineering,
   84  or mathematics fields of study, as reported annually by the NSF.
   85         (i) One hundred or more total patents awarded by the United
   86  States Patent and Trademark Office for the most recent 3-year
   87  period.
   88         (j) Four hundred or more doctoral degrees awarded annually,
   89  including professional doctoral degrees awarded in medical and
   90  health care disciplines, as reported in the Board of Governors
   91  Annual Accountability Report.
   92         (k) Two hundred or more postdoctoral appointees annually,
   93  as reported in the TARU annual report.
   94         (l) An endowment of $500 million or more, as reported in
   95  the Board of Governors Annual Accountability Report.
   97  SUPPORT.—
   98         (a) A state university that is designated as a preeminent
   99  state research university shall submit to the Board of Governors
  100  a 5-year benchmark plan with target rankings on key performance
  101  metrics for national excellence. Upon approval by the Board of
  102  Governors, and upon the university’s meeting the benchmark plan
  103  goals annually, the Board of Governors shall award the
  104  university its proportionate share of any funds provided
  105  annually to support the program created under this section.
  106         (b) A state university designated as an emerging preeminent
  107  state research university shall submit for approval to the Board
  108  of Governors a 5-year benchmark plan with target rankings on key
  109  performance metrics for national excellence. Upon approval by
  110  the Board of Governors, and upon the university’s meeting the
  111  benchmark plan goals annually, the Board of Governors shall
  112  award the university its proportionate share of any funds
  113  provided annually to support the program created under this
  114  section.
  115         (c) The award of funds under this subsection is contingent
  116  upon funding provided by the Legislature to support the
  117  preeminent state research universities program created under
  118  this section. Funding increases appropriated beyond the amounts
  119  funded in the previous fiscal year shall be distributed as
  120  determined annually by the Legislature to as follows:
  121         1. each designated preeminent state research university
  122  that meets the criteria in paragraph (a) shall receive an equal
  123  amount of funding.
  124         2. Each designated emerging preeminent state research
  125  university that meets the criteria in paragraph (b) shall,
  126  beginning in the 2018-2019 fiscal year, receive an amount of
  127  funding that is equal to one-fourth of the total increased
  128  amount awarded to each designated preeminent state research
  129  university.
  132  shall establish standards and measures whereby state
  133  universities that focus on one core competency unique to the
  134  State University System which achieves excellence at the
  135  national or state level, meets state workforce needs, and
  136  fosters an innovation economy that focuses on areas such as
  137  health care, security, transportation, and science, technology,
  138  engineering, and mathematics (STEM), including supply chain
  139  management, individual undergraduate, graduate, and professional
  140  degree programs in state universities which objectively reflect
  141  national excellence can be identified. The Board of Governors
  142  may annually submit such programs and make recommendations to
  143  the Legislature by January September 1 for funding, 2018, as to
  144  how any such programs could be enhanced and promoted.
  145         Section 2. Subsection (1) of section 1001.92, Florida
  146  Statutes, is amended to read:
  147         1001.92 State University System Performance-Based
  148  Incentive.—
  149         (1) A State University System Performance-Based Incentive
  150  shall be awarded to state universities using performance-based
  151  metrics adopted by the Board of Governors of the State
  152  University System. Beginning with the Board of Governors’
  153  determination of each university’s performance improvement and
  154  achievement ratings for 2018, and the related distribution of
  155  annual the 2018-2019 fiscal year appropriation, the performance
  156  based metrics must include:
  157         (a)Beginning in fiscal year 2021-2022, a single graduation
  158  rate metric comprised of 4-year graduation rates for first-time
  159  in-college students and 2-year graduation rates for Florida
  160  College System institution associate in arts transfer students;
  161         (b) Retention rates;
  162         (c) Postgraduation education rates;
  163         (d) Degree production;
  164         (e) Affordability;
  165         (f) Postgraduation employment and salaries, including wage
  166  thresholds that reflect the added value of a baccalaureate
  167  degree;
  168         (g) Access rate, based on the percentage of undergraduate
  169  students enrolled during the fall term who received a Pell Grant
  170  during the fall term; and
  171         (h)Beginning in fiscal year 2021-2022, the 6-year
  172  graduation rate for students who are awarded a Pell Grant in
  173  their first year.
  175  The Board of Governors may approve and other metrics approved by
  176  the board in a publicly formally noticed meeting. The board
  177  shall adopt benchmarks to evaluate each state university’s
  178  performance on the metrics to measure the state university’s
  179  achievement of institutional excellence or need for improvement
  180  and minimum requirements for eligibility to receive performance
  181  funding. Benchmarks and metrics may not be adjusted after
  182  university performance data has been received by the Board of
  183  Governors Access rate benchmarks must be differentiated and
  184  scored to reflect the varying access rate levels among the state
  185  universities; however, the scoring system may not include bonus
  186  points.
  187         Section 3. Subsection (4) of section 1004.085, Florida
  188  Statutes, is amended to read:
  189         1004.085 Textbook and instructional materials
  190  affordability.—
  191         (4) Each Florida College System institution and state
  192  university board of trustees is authorized to adopt policies in
  193  consultation with providers, including bookstores, which allow
  194  for the use of innovative pricing techniques and payment options
  195  for textbooks and instructional materials. Such policies may
  196  include bulk pricing arrangements that enable students to
  197  purchase course materials or texts that are delivered digitally;
  198  delivered through other technologies that are, or the licenses
  199  of which are, required for use within a course; or delivered in
  200  a print format. Innovative pricing techniques and payment
  201  options must include an opt-in or opt-out provision for students
  202  and may be approved only if there is documented evidence that
  203  the options reduce the cost of textbooks and instructional
  204  materials for students taking a course.
  205         Section 4. Paragraph (c) of subsection (2) of section
  206  1004.346, Florida Statutes, is amended to read:
  207         1004.346 Florida Industrial and Phosphate Research
  208  Institute.—
  210  Research and Activities Board is created to monitor the
  211  expenditure of funds appropriated to the university from the
  212  Phosphate Research Trust Fund.
  213         (c) Members of the board appointed by the Governor shall be
  214  appointed to 3-year terms. A board member may continue to serve
  215  until a successor is appointed, but not more than 180 days after
  216  the expiration of his or her term. A board member is eligible
  217  for reappointment to subsequent terms.
  218         Section 5. Subsection (4) of section 1011.90, Florida
  219  Statutes, is amended to read:
  220         1011.90 State university funding.—
  221         (4) The Board of Governors shall establish and validate a
  222  cost-estimating system consistent with the requirements of
  223  subsection (1) and shall report as part of its legislative
  224  budget request the actual expenditures for the fiscal year
  225  ending the previous June 30. The legislative budget request must
  226  also include 5-year trend information on the number of faculty
  227  and administrators at each university and the proportion of FTE
  228  dedicated to instruction and research compared to
  229  administration. The Board of Governors, by regulation, shall
  230  define faculty and administrator classifications and shall also
  231  report the definitions in the legislative budget request. The
  232  growth rate of administrators at a state university may not
  233  exceed the growth rate of faculty at such university.
  234  Expenditure analysis, operating budgets, and annual financial
  235  statements of each university must be prepared using the
  236  standard financial reporting procedures and formats prescribed
  237  by the Board of Governors. These formats shall be the same as
  238  used for the 2000-2001 fiscal year reports. Any revisions to
  239  these financial and reporting procedures and formats must be
  240  approved by the Executive Office of the Governor and the
  241  appropriations committees of the Legislature jointly under the
  242  provisions of s. 216.023(3). The Board of Governors shall
  243  continue to collect and maintain at a minimum management
  244  information existing on June 30, 2002. The expenditure analysis
  245  report shall include total expenditures from all sources for the
  246  general operation of the university and shall be in such detail
  247  as needed to support the legislative budget request.
  248         Section 6. Except as otherwise expressly provided in this
  249  act and except for this section, which shall take effect upon
  250  this act becoming a law, this act shall take effect July 1,
  251  2020.