| 1 | A bill to be entitled |
| 2 | An act relating to state university tuition and fees; |
| 3 | amending s. 216.136, F.S.; requiring the Education |
| 4 | Estimating Conference to develop information relating to |
| 5 | the national average of tuition and fees; amending s. |
| 6 | 1009.01, F.S.; revising the definition of the term |
| 7 | "tuition differential"; amending s. 1009.24, F.S.; |
| 8 | revising provisions relating to the use of the student |
| 9 | financial aid fee; deleting obsolete provisions; revising |
| 10 | provisions relating to the establishment of a tuition |
| 11 | differential; providing requirements for the assessment |
| 12 | and expenditure of a tuition differential; providing |
| 13 | requirements for revenue raised from private sources for |
| 14 | purposes of providing need-based financial aid; providing |
| 15 | conditions for the payment of a tuition differential; |
| 16 | providing requirements for a university board of trustees |
| 17 | to submit a proposal to the Board of Governors to |
| 18 | implement a tuition differential; requiring the Board of |
| 19 | Governors' review and approval of a proposal; requiring |
| 20 | the Board of Governors to report specified information |
| 21 | annually to the Legislature and the Governor; providing |
| 22 | for application; providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Paragraph (a) of subsection (4) of section |
| 27 | 216.136, Florida Statutes, is amended to read: |
| 28 | 216.136 Consensus estimating conferences; duties and |
| 29 | principals.-- |
| 30 | (4) EDUCATION ESTIMATING CONFERENCE.-- |
| 31 | (a) The Education Estimating Conference shall develop such |
| 32 | official information relating to the state public and private |
| 33 | educational system, including forecasts of student enrollments, |
| 34 | the national average of tuition and fees at public postsecondary |
| 35 | educational institutions, the number of students qualified for |
| 36 | state financial aid programs and for the William L. Boyd, IV, |
| 37 | Florida Resident Access Grant Program and the appropriation |
| 38 | required to fund the full award amounts for each program, fixed |
| 39 | capital outlay needs, and Florida Education Finance Program |
| 40 | formula needs, as the conference determines is needed for the |
| 41 | state planning and budgeting system. The conference's initial |
| 42 | projections of enrollments in public schools shall be forwarded |
| 43 | by the conference to each school district no later than 2 months |
| 44 | prior to the start of the regular session of the Legislature. |
| 45 | Each school district may, in writing, request adjustments to the |
| 46 | initial projections. Any adjustment request shall be submitted |
| 47 | to the conference no later than 1 month prior to the start of |
| 48 | the regular session of the Legislature and shall be considered |
| 49 | by the principals of the conference. A school district may amend |
| 50 | its adjustment request, in writing, during the first 3 weeks of |
| 51 | the legislative session, and such amended adjustment request |
| 52 | shall be considered by the principals of the conference. For any |
| 53 | adjustment so requested, the district shall indicate and |
| 54 | explain, using definitions adopted by the conference, the |
| 55 | components of anticipated enrollment changes that correspond to |
| 56 | continuation of current programs with workload changes; program |
| 57 | improvement; program reduction or elimination; initiation of new |
| 58 | programs; and any other information that may be needed by the |
| 59 | Legislature. For public schools, the conference shall submit its |
| 60 | full-time equivalent student consensus estimate to the |
| 61 | Legislature no later than 1 month after the start of the regular |
| 62 | session of the Legislature. No conference estimate may be |
| 63 | changed without the agreement of the full conference. |
| 64 | Section 2. Subsection (3) of section 1009.01, Florida |
| 65 | Statutes, is amended to read: |
| 66 | 1009.01 Definitions.--The term: |
| 67 | (3) "Tuition differential" means the supplemental fee |
| 68 | charged to a student for instruction provided by a public |
| 69 | university in this state pursuant to s. 1009.24(16). |
| 70 | Section 3. Subsections (7) and (16) of section 1009.24, |
| 71 | Florida Statutes, are amended to read: |
| 72 | 1009.24 State university student fees.-- |
| 73 | (7) A university board of trustees is authorized to |
| 74 | collect for financial aid purposes an amount not to exceed 5 |
| 75 | percent of the tuition and out-of-state fee. The revenues from |
| 76 | fees are to remain at each campus and replace existing financial |
| 77 | aid fees. Such funds shall be disbursed to students as quickly |
| 78 | as possible. A minimum of 75 percent of funds from the student |
| 79 | financial aid fee for new financial aid awards shall be used to |
| 80 | provide financial aid based on absolute need. A student who has |
| 81 | received an award prior to July 1, 1984, shall have his or her |
| 82 | eligibility assessed on the same criteria that were used at the |
| 83 | time of his or her original award. The Board of Governors shall |
| 84 | develop criteria for making financial aid awards. Each |
| 85 | university shall report annually to the Board of Governors and |
| 86 | the Department of Education on the revenue collected pursuant to |
| 87 | this subsection, the amount carried forward, the criteria used |
| 88 | to make awards, the amount and number of awards for each |
| 89 | criterion, and a delineation of the distribution of such awards. |
| 90 | The report shall include an assessment by category of the |
| 91 | financial need of every student who receives an award, |
| 92 | regardless of the purpose for which the award is received. |
| 93 | Awards which are based on financial need shall be distributed in |
| 94 | accordance with a nationally recognized system of need analysis |
| 95 | approved by the Board of Governors. An award for academic merit |
| 96 | shall require a minimum overall grade point average of 3.0 on a |
| 97 | 4.0 scale or the equivalent for both initial receipt of the |
| 98 | award and renewal of the award. |
| 99 | (16) Each university board of trustees may establish a |
| 100 | tuition differential for undergraduate courses upon receipt of |
| 101 | approval from the Board of Governors. The tuition differential |
| 102 | shall promote improvements in the quality of undergraduate |
| 103 | education and shall provide financial aid to undergraduate |
| 104 | students who exhibit financial need. |
| 105 | (a) Seventy-percent of the revenues from the tuition |
| 106 | differential shall be expended for purposes of undergraduate |
| 107 | education. Such expenditures may include, but are not limited |
| 108 | to, increasing course offerings, improving graduation rates, |
| 109 | increasing the percentage of undergraduate students who are |
| 110 | taught by faculty, decreasing student-faculty ratios, providing |
| 111 | salary increases for faculty who have a history of excellent |
| 112 | teaching in undergraduate courses, improving the efficiency of |
| 113 | the delivery of undergraduate education through academic |
| 114 | advisement and counseling, and reducing the percentage of |
| 115 | students who graduate with excess hours. This expenditure for |
| 116 | undergraduate education may not be used to pay the salaries of |
| 117 | graduate teaching assistants. The remaining 30 percent of the |
| 118 | revenues from the tuition differential, or an equivalent amount |
| 119 | of new revenue from private sources, shall be expended to |
| 120 | provide financial aid to undergraduate students who exhibit |
| 121 | financial need to meet the cost of university attendance. This |
| 122 | expenditure for need-based financial aid shall not supplant the |
| 123 | amount of need-based aid provided to undergraduate students in |
| 124 | the preceding fiscal year from financial aid fee revenues, from |
| 125 | the direct appropriation for financial assistance provided to |
| 126 | state universities in the General Appropriations Act, or from |
| 127 | existing private sources. Any revenue raised from private |
| 128 | sources to meet the requirements of this paragraph shall be |
| 129 | deposited in a separate account for need-based financial aid and |
| 130 | shall not be commingled with funds from existing private |
| 131 | sources. |
| 132 | (b) Each tuition differential is subject to the following |
| 133 | conditions: |
| 134 | 1. The tuition differential may be assessed on one or more |
| 135 | undergraduate courses or on all undergraduate courses at a state |
| 136 | university. |
| 137 | 2. The tuition differential may vary by course or courses, |
| 138 | campus or center location, and by institution. |
| 139 | 3. The aggregate sum of tuition and the tuition |
| 140 | differential charged for a given course or courses may not be |
| 141 | increased by more than 15 percent of the total charged for the |
| 142 | aggregate sum of these fees in the same course or courses in the |
| 143 | preceding fiscal year. |
| 144 | 4. The aggregate sum of undergraduate tuition and fees per |
| 145 | credit hour, including the tuition differential, may not exceed |
| 146 | the national average of undergraduate tuition and fees at 4-year |
| 147 | degree-granting public postsecondary educational institutions. |
| 148 | 5. The tuition differential may not be calculated as a |
| 149 | part of the scholarship program established in ss. 1009.53- |
| 150 | 1009.538. |
| 151 | 6. Beneficiaries having prepaid tuition contracts pursuant |
| 152 | to s. 1009.98(2)(b) that were in effect on July 1, 2007, and |
| 153 | that remain in effect, are exempt from the payment of the |
| 154 | tuition differential. |
| 155 | 7. The tuition differential may not be charged to any |
| 156 | student who was in attendance at the university before July 1, |
| 157 | 2007, and who maintains continuous enrollment. |
| 158 | 8. The tuition differential may be waived by the |
| 159 | university for students who meet the eligibility requirements |
| 160 | for the Florida public student assistance grant established in |
| 161 | s. 1009.50. |
| 162 | 9. Subject to approval by the Board of Governors, the |
| 163 | tuition differential authorized pursuant to this subsection may |
| 164 | take effect with the 2009 fall term. |
| 165 | (c) A university board of trustees may submit a proposal |
| 166 | to the Board of Governors to implement a tuition differential |
| 167 | for one or more undergraduate courses. At a minimum, the |
| 168 | proposal shall: |
| 169 | 1. Identify the course or courses for which the tuition |
| 170 | differential will be assessed. |
| 171 | 2. Indicate the amount that will be assessed for each |
| 172 | tuition differential proposed. |
| 173 | 3. Indicate the purpose of the tuition differential. |
| 174 | 4. Indicate how the revenues from the tuition differential |
| 175 | will be used. |
| 176 | 5. Indicate how the university will monitor the success of |
| 177 | the tuition differential in achieving the purpose for which the |
| 178 | tuition differential is being assessed. |
| 179 | (d) The Board of Governors shall review each proposal and |
| 180 | advise the university board of trustees of approval of the |
| 181 | proposal, the need for additional information or revision to the |
| 182 | proposal, or denial of the proposal. The Board of Governors |
| 183 | shall establish a process for any university to revise a |
| 184 | proposal or appeal a decision of the board. |
| 185 | (e) The Board of Governors shall submit a report to the |
| 186 | President of the Senate, the Speaker of the House of |
| 187 | Representatives, and the Governor describing the implementation |
| 188 | of the provisions of this subsection no later than January 1, |
| 189 | 2010, and no later than January 1 each year thereafter. The |
| 190 | report shall summarize proposals received by the board during |
| 191 | the preceding fiscal year and actions taken by the board in |
| 192 | response to such proposals. In addition, the report shall |
| 193 | provide the following information for each university that has |
| 194 | been approved by the board to assess a tuition differential: |
| 195 | 1. The course or courses for which the tuition |
| 196 | differential was assessed and the amount assessed. |
| 197 | 2. The total revenues generated by the tuition |
| 198 | differential. |
| 199 | 3. With respect to waivers authorized under subparagraph |
| 200 | (b)8., the number of students eligible for a waiver, the number |
| 201 | of students receiving a waiver, and the value of waivers |
| 202 | provided. |
| 203 | 4. With respect to need-based financial aid provided under |
| 204 | paragraph (a), the number of students eligible for an award, the |
| 205 | number of students receiving an award, and the value of the |
| 206 | awards provided. |
| 207 | 5. The amount of revenue from private sources used to meet |
| 208 | the requirements of paragraph (a) and documentation of |
| 209 | compliance with the supplanting provisions of paragraph (a). |
| 210 | 6. Detailed expenditures of the revenues generated by the |
| 211 | tuition differential. |
| 212 | 7. Changes in retention rates, graduation rates, the |
| 213 | percentage of students graduating with more than 110 percent of |
| 214 | the hours required for graduation, pass rates on licensure |
| 215 | examinations, the number of undergraduate course offerings, the |
| 216 | percentage of undergraduate students who are taught by faculty, |
| 217 | student-faculty ratios, and the average salaries of faculty who |
| 218 | teach undergraduate courses. |
| 219 | (f) No state university shall be required to lower any |
| 220 | tuition differential that was approved by the Board of Governors |
| 221 | and in effect prior to January 1, 2009, in order to comply with |
| 222 | the provisions of this subsection. The Board of Governors may |
| 223 | establish a uniform maximum undergraduate tuition differential |
| 224 | that does not exceed 40 percent of tuition for all universities |
| 225 | that meet the criteria for Funding Level 1 under s. 1004.635(3), |
| 226 | and may establish a uniform maximum undergraduate tuition |
| 227 | differential that does not exceed 30 percent of tuition for all |
| 228 | universities that have total research and development |
| 229 | expenditures for all fields of at least $100 million per year as |
| 230 | reported annually to the National Science Foundation. Once these |
| 231 | criteria have been met and the differential established by the |
| 232 | Board of Governors, the board of trustees of a qualified |
| 233 | university may maintain the differential unless otherwise |
| 234 | directed by the Board of Governors. However, the board shall |
| 235 | ensure that the maximum tuition differential it establishes for |
| 236 | universities meeting the Funding Level 1 criteria is at least 30 |
| 237 | percent greater than the maximum tuition differential the board |
| 238 | establishes for universities that meet the required criteria for |
| 239 | research and development expenditures. The tuition differential |
| 240 | is subject to the following conditions: |
| 241 | (a) The sum of tuition and the tuition differential may |
| 242 | not be increased by more than 15 percent of the total charged |
| 243 | for these fees in the preceding fiscal year. |
| 244 | (b) The tuition differential may not be calculated as a |
| 245 | part of the scholarship programs established in ss. 1009.53- |
| 246 | 1009.537. |
| 247 | (c) Beneficiaries having prepaid tuition contracts |
| 248 | pursuant to s. 1009.98(2)(b) which were in effect on July 1, |
| 249 | 2007, and which remain in effect, are exempt from the payment of |
| 250 | the tuition differential. |
| 251 | (d) The tuition differential may not be charged to any |
| 252 | student who was in attendance at the university before July 1, |
| 253 | 2007, and who maintains continuous enrollment. |
| 254 | (e) The tuition differential may be waived by the |
| 255 | university for students who meet the eligibility requirements |
| 256 | for the Florida public student assistance grant established in |
| 257 | s. 1009.50. |
| 258 | (f) A university board of trustees that has been |
| 259 | authorized by the Board of Governors to establish a tuition |
| 260 | differential pursuant to this subsection may establish the |
| 261 | tuition differential at a rate lower than the maximum tuition |
| 262 | differential established by the board, but may not exceed the |
| 263 | maximum tuition differential established by the board. |
| 264 | (g) The revenue generated from the tuition differential |
| 265 | must be spent solely for improving the quality of direct |
| 266 | undergraduate instruction and support services. |
| 267 | (h) Information relating to the annual receipt and |
| 268 | expenditure of the proceeds from the assessment of the tuition |
| 269 | differential shall be reported by the university in accordance |
| 270 | with guidelines established by the Board of Governors. |
| 271 | Section 4. This act shall take effect July 1, 2009. |