Florida 2022 2022 Regular Session

Florida Senate Bill S7044 Analysis / Analysis

Filed 02/25/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Appropriations  
 
BILL: SB 7044 
INTRODUCER:  Education Committee and Senator Diaz 
SUBJECT:  Postsecondary Education 
DATE: February 23, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
 Jahnke Bouck ED Submitted as Committee Bill 
1. Grace Sadberry AP Favorable 
 
I. Summary: 
SB 7044 modifies requirements related to postsecondary education transparency of course 
information and student fees, transfer of credit, and accreditation. Specifically the bill: 
 Requires additional information about textbooks and instructional materials that Florida 
College System (FCS) institutions and state universities must post at least 45 days before the 
first day of class for each term.  
 Revises the maintenance requirements and course information that must be included in the 
statewide course numbering system (SCNS). 
 Requires the State Board of Education to adopt rules governing the SCNS procedures, 
collection of course information, publication of course information, and faculty discipline 
committee reviews. 
 Requires certain postsecondary education institutions receiving general education course 
credit in transfer to apply the credit to general education core course requirements and other 
general education requirements before applying as elective credit.  
 Establishes transparency requirements for FCS institutions and state universities to 
prominently post and email to enrolled students all tuition and fees. 
 Subjects any FCS institution or state university proposal or action to increase a fee, 
authorized by law, to an extraordinary vote. 
 Prohibits a state college or state university from being accredited by the same accrediting 
agency or association for consecutive accreditation cycles. 
 Provides a cause of action for any postsecondary education institution that is negatively 
impacted by a retaliatory action by its accrediting agency or association. 
 
The bill has no fiscal impact on state government. See Section V. Fiscal Impact Statement. 
 
The bill is effective July 1, 2022. 
REVISED:   BILL: SB 7044   	Page 2 
 
II. Present Situation: 
The present situation for the relevant portions of the bill is discussed under the Effect of 
Proposed Changes of this bill analysis. 
III. Effect of Proposed Changes: 
Textbooks and Instructional Materials Transparency 
Present Situation 
Current law establishes requirements regarding the textbook and instructional materials adoption 
process at Florida College System (FCS) institutions and state universities. As part of this 
process, each FCS institution and university is required to post a hyperlink to lists of required 
and recommended textbooks for at least 95 percent of all courses and course sections offered 
during the upcoming term. Such lists must be posted as early as is feasible, but at least 45 days 
before the first day of class for each term. The lists must include the International Standard Book 
Number (ISBN) for each required textbook or other identifying information, which must include, 
at a minimum: the title, all authors listed, publishers, edition number, copyright date, published 
date, and any other relevant information necessary to identify the specific textbooks or 
instructional materials required and recommended for each course.
 1
 
  
Eight of the 12 state universities met the 95 percent threshold for posting of lists of required and 
recommended textbooks and instructional materials for courses and course sections at least 45 
days prior to the start of classes for the Fall 2020 semester. Ten universities met the threshold for 
the Spring 2021 semester.
 2
 
 
Twenty-one of the 28 FCS institutions met the 95 percent threshold for posting of lists of 
required and recommended textbooks and instructional materials for courses and course sections 
at least 45 days prior to the start of classes for the Fall 2020 semester.
3
 
 
The State Board of Education (SBE) and the Board of Governors (BOG) are required to adopt 
textbook and instructional materials affordability policies, procedures, and guidelines for 
implementation by FCS institutions and state universities, respectively, that further efforts to 
minimize the cost of textbooks and instructional materials for students attending such institutions 
while ensuring that the quality of education and academic freedom is maintained. 
 
Further, the board of trustees of each FCS institution and state university is required to submit an 
annual report by September 30 to the Chancellor of the FCS or the State University System 
(SUS), respectively. Each FCS institution's and state university’s report is required to address the 
following four components: 
 The textbook and instructional materials selection process for high-enrollment courses. 
                                                
1
 Section 1004.085, F.S. 
2
 Florida Board of Governors, State University System Textbook & Instructional Materials Affordability Report Fall 2021, at 
pg. 7, available at https://www.flbog.edu/wp-content/uploads/2021/11/2021-Textbook-Instructional-Materials-
Report_Final.pdf. 
3
 See Florida Department of Education, College and Textbook Affordability in the Florida College System 2021 (Fall 2021).  BILL: SB 7044   	Page 3 
 
 Specific initiatives of the institution designed to reduce the costs of textbooks and 
instructional materials. 
 Institution policies implemented for the posting of textbook and instructional materials 
information for students. 
 The number of courses and course sections that did not meet the textbook and instructional 
materials posting deadline in the previous academic year.
 4
 
 
Effect of Proposed Changes 
The bill modifies s. 1004.085, F.S., to supplement current law requiring posts of lists of required 
and recommended textbooks and instructional materials at least 45 days before the first day of 
class for each term. The bill requires the lists to:  
 Remain posted for at least five academic years. 
 Be searchable by the course subject, course number, course title, the name of the instructor of 
the course, the title of each assigned textbook or instructional material, and each author of an 
assigned textbook or instructional material. 
 Be easily downloadable by current and prospective students. 
 
In addition, if a course is a general education core course option, the list must include course 
syllabi information containing sufficient detail to inform students of all of the following: 
 The course curriculum. 
 The goals, objectives, and student expectations of the course. 
 How student performance will be measured. 
 
Articulation 
The Legislature has established policies to facilitate articulation and seamless integration within 
Florida’s education system. The purpose of the State’s system of articulation is to provide for the 
efficient and effective progression and transfer of students within the education system and to 
allow students to proceed toward their educational objectives as rapidly as their circumstances 
permit.
5
  
 
Present Situation 
Florida law requires the Department of Education, in conjunction with the BOG, to develop, 
coordinate, and maintain a statewide course numbering system for postsecondary and dual 
enrollment education in school districts, public postsecondary educational institutions, and 
participating nonpublic postsecondary educational institutions that will: 
 Improve program planning. 
 Increase communication among all delivery systems. 
 Facilitate student acceleration and the transfer of students and credits between public school 
districts, public postsecondary educational institutions, and participating nonpublic 
educational institutions. 
 
                                                
4
 Section 1004.085, F.S. 
5
 Section 1007.01(1) and (2), F.S.  BILL: SB 7044   	Page 4 
 
The continuing maintenance of the system must be accomplished with the assistance of 
appropriate faculty committees representing public and participating nonpublic educational 
institutions.
6
 
 
All 12 of Florida’s state universities, 28 FCS institutions, 38 participating nonpublic 
postsecondary institutions, and 48 career education centers participate in the statewide course 
numbering system (SCNS).
7
 When transferring institutions, a student’s credits are accepted at 
institutions participating in the SCNS when the two institutions offer the same course, course 
prefix, and number.
8
 
 
Courses that have the same academic content and are taught by faculty with comparable 
credentials are given the same prefix and number and are considered equivalent courses.
9
 
Equivalent courses are guaranteed to transfer to any other institution participating in the SCNS. 
Credits awarded for equivalent courses must satisfy institutional requirements on the same basis 
as credits awarded to native students. Courses that are not substantially like any other course in 
the SCNS are given a unique course number and are not considered equivalent. 
 
Specific types of courses are exempted from the guarantee of transfer for equivalent courses. 
Exceptions include courses not offered at the receiving institution; special topics, internship, 
practicum, and dissertation courses, graduate courses; and applied performing arts or skills 
courses in criminal justice that require demonstration achievement.
 10
 
 
Statewide Articulation Agreement 
Florida established a Statewide Articulation Agreement in 1971 to facilitate the seamless 
articulation of student credits between and among public postsecondary institutions. The “2+2” 
articulation system provides for the equitable treatment of transfer students.
11
 The Articulation 
Coordinating Committee, made up of members representing the SUS, FCS, public career and 
technical education, K-12 education, and nonpublic postsecondary education oversees the 
agreement and makes recommendation for continuous improvement.
12
 
 
Under the statewide articulation agreement, a student who graduates from an FCS institution 
with an associate in arts (AA) degree is guaranteed the following rights: 
 Admission to an upper division program at a state university or FCS institution if it offers 
baccalaureate degree programs, except to limited access programs. 
                                                
6
 Section 1007.24(1), F.S. 
7
 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 3, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. 
8
 Id. at 3-4.; See also Section 1007.24(7), F.S. The course number is composed of a three character prefix, a three digit 
number indicating the course content, and a level digit indicating the level of instruction (non college credit, lower or upper 
division, or graduate and professional). 
9
 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 4, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. 
10
 Section 1007.24(7), F.S. 
11
 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 14, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. 
12
 Section 1007.01(3), F.S.  BILL: SB 7044   	Page 5 
 
 Acceptance of at least 60 semester hours by the state universities and FCS baccalaureate 
degree-granting institutions. 
 Adherence to the university or college requirements and policies, based on the catalog in 
effect at the time the student first enters the Florida college, provided the student maintains 
continuous enrollment. 
 Transfer of equivalent courses under the SCNS. 
 Acceptance by the state universities and baccalaureate degree-granting FCS institutions of 
credits earned in accelerated programs (e.g. Dual Enrollment, CLEP, Advanced Placement, 
International Baccalaureate, and Advanced International Certificate of Education). 
 No additional general education core or general education institutional requirements. 
 Advance knowledge of selection criteria for limited access programs. 
 Equal opportunity with native university students to enter limited access programs. 
 
Some degree programs require specific lower division coursework outside of common 
prerequisites, thus, depending on a student’s course selection, the 60 hours earned in the AA will 
be accepted; however, not all of the credit may apply towards a student’s degree program.
13
 
 
General Education Courses 
Current law requires an AA degree at an FCS or SUS institution to be no more than 60 semester 
hours of college credit and include 36 semester hours of general education course work. A 
baccalaureate degree must be no more than 120 semester hours of college credit, unless prior 
approval has been granted by the BOG or the SBE, as applicable, and include 36 semester hours 
of general education coursework. 
 
Students initially entering an FCS or SUS institution in 2015-2016 and thereafter, are required to 
complete at least one identified general education core course in each of the subject areas of 
communication, mathematics, social sciences, humanities, and natural sciences. All public 
postsecondary educational institutions are required to accept these courses as meeting general 
education core course requirements.
14
 After completing the general education core course 
requirements, the remaining courses and credits that fulfill the total 36-hour general education 
requirement for an associate in arts or baccalaureate degree are at the discretion of the FCS or 
SUS institution.
15
 
 
General education programs in Florida, while consistent at the general education core 
requirements and the total of 36 hours for completion, vary in the selection of institutionally-
required courses. Students who transfer with an AA or associate in science (AS) degree, or who 
have completed their block of 36 general education hours do not have to meet the receiving 
institution’s general education program requirements. If a student does not complete the total 36-
hour general education curriculum prior to transfer, each course, outside of courses taken as 
                                                
13
 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 15, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. 
14
 Section 1007.25, F.S. 
15
 Florida Board of Governors, Regulation 8.005 General Education Core Course Options, available at 
https://www.flbog.edu/wp-content/uploads/8_005GeneralEducationCore_final.pdf and Rule 6A -14.0303(5), F.A.C.  BILL: SB 7044   	Page 6 
 
general education courses, will be reviewed individually to determine if it meets the general 
education requirements of the new institution.
 16
 
 
Effect of Proposed Changes 
The bill modifies s. 1007.24, F.S., to largely codify existing practice in the development and 
maintenance of the SCNS. The bill requires the SCNS to be maintained electronically and 
regularly updated by the DOE, and in addition to including the courses at the recommended 
levels, requires the inclusion of course numbers, course titles, credits awarded, and other 
identifiable information by institution and academic year, as required by SBE rule. The bill 
further requires such information to be included in the registration process at each state 
university and FCS institution. 
 
When receiving transfer course credit, the bill requires postsecondary institutions participating in 
the SCNS to accept and apply general education courses and credit, including credit earned 
through dual enrollment, course equivalences, and other acceleration mechanisms, as first 
satisfying general education core course credit requirements and other general education subject 
area course credit requirements before applying the course credit as elective credit. 
 
Additionally, the bill requires the SBE to adopt rules that provide for the collection of course 
information from participating institutions, identifiable information required for each course, and 
the conduct of regularly scheduled faculty committee reviews and recommendations. 
Specifically, the rules must address the following: 
 Required institutional reporting formats, timelines, and procedures for the timely and 
uniform collection and publication of course data information. 
 Regularly scheduled faculty committee reviews and recommendations to the commissioner 
for the alignment or realignment of courses, course numbers, course titles, designated levels, 
credits awarded, and other identifiable information for the purpose of facilitating credit 
transfer and acceptance for substantially similar courses at receiving institutions. 
 Regularly scheduled faculty committee reviews and recommendations to the commissioner 
for the classification or reclassification of courses as satisfying general education, general 
education core, prerequisite, substitution, equivalency, civic literacy, or other course types, 
consistent with subject area, course content, programmatic, and other requirements outlined 
in rule. 
 
Accreditation 
In the United States, institutions of higher education are permitted to operate with considerable 
independence and autonomy. The United States has no Ministry of Education or other 
centralized federal authority exercising control over the quality of postsecondary educational 
institutions, and the states assume varying degrees of control over education. As a consequence, 
American educational institutions can vary widely in the character and quality of their programs. 
To ensure a basic level of quality, the practice of accreditation arose in the United States as a 
                                                
16
 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 15, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf.  BILL: SB 7044   	Page 7 
 
means of conducting nongovernmental, peer evaluation of educational institutions and 
programs.
17
 
 
Present Situation 
In order for students to receive federal student aid from the U.S. Department of Education 
(USDOE) for postsecondary study, the institution must be accredited by a nationally recognized 
accrediting agency, be authorized by the State in which the institution is located, and receive 
approval from the USDOE through a program participation agreement.
18
 
 
Federal law requires an accrediting agency to establish standards for the accreditation process, 
which must be sufficiently rigorous to ensure that the agency is a reliable authority regarding the 
quality of the education provided by the institution it accredits. While an agency may establish 
additional accreditation standards it deems appropriate, the agency must establish standards for 
the following: 
 Student success, in relation to the institution’s mission, including as applicable, course 
completion, passage of state licensing examinations, and job placement rates. 
 Curriculum. 
 Faculty. 
 Facilities, equipment, and supplies. 
 Fiscal and administrative capacity as appropriate to the specified scale of operations. 
 Student support services. 
 Recruiting and admissions practices, academic calendars, catalogs, publications, grading, and 
advertising. 
 Measures of program length and the objectives of the degrees or credentials offered. 
 Record of student complaints received by, or available, to the agency. 
 Record of compliance with the institution’s responsibilities under title IV of the Higher 
Education Act of 1965, as amended, based on the most recent loan default data, the results of 
financial or compliance audits, program reviews, and any other information provided by the 
USDOE.
 19
 
 
For the purposes of determining institution eligibility for Federal Financial Aid programs, the 
accrediting agency must also establish the following procedures which are required of an 
institution it accredits: 
 Review newly established branch campuses of any of its accredited institutions. 
 Perform regular onsite inspections that focus on educational quality and program 
effectiveness. 
 Monitor the expansion of programs at institutions that are experiencing significant 
enrollment growth. 
 Submit a teach-out-plan to the agency for approval in certain circumstances. 
                                                
17
 United States Department of Education, History and Context of Accreditation in the United States, 
https://www2.ed.gov/admins/finaid/accred/accreditation_pg2.html#U.S. (last visited February 5, 2022). 
18
 United States Department of Education, Overview of Accreditation in the United States, 
https://www2.ed.gov/admins/finaid/accred/accreditation.html (last visited February 3, 2022). 
19
 34 C.F.R. s. 602.16.  BILL: SB 7044   	Page 8 
 
 Confirm that the institution or programs they accredit have publicly disclosed transfer of 
credit policies and make public the criteria established regarding the acceptance of credit 
earned at another institution. 
 Publicly disclose when an institution is considered for accreditation or renewal of 
accreditation. 
 
To gain or renew accreditation, an institution must be evaluated through a set of procedures 
established by an accrediting agency. Many of the procedures are guided by federal 
requirements. 
 
The process typically begins with an institutional self-study, to examine whether the institution 
meets the basic standards of the accrediting agency. The self-study includes reports which show 
how the institution meets the agency’s standards. The next phase of the process involves a peer 
review and site visit at the institution. The peer review includes a review of the self-study and an 
on-site visit to determine whether the standards of the agency are being met, in addition to 
discussions with faculty, students, staff and administrators regarding issues or questions that may 
have arisen during the self-study. 
 
Following the visit, the peer review team submits a report to the accrediting agency with 
recommendations. The decision-making body of an accrediting agency issues a decision on 
whether to award or deny accreditation or preaccreditation to a new institution; renew or 
terminate accreditation for an existing institution; or take an intermediate action, such as 
probationary status.
20
 An accrediting agency must provide an institution with the ability to appeal 
an agency action prior to it becoming final.
21
 
 
A renewal of accreditation must take place at regularly established intervals set by the 
accrediting agency.
22
 Accrediting agencies also monitor institutions between full accreditation 
reviews and may require annual reporting, interim reviews, or reviews of any substantive 
changes.
23
 
 
Council of Regional Accrediting Commissions 
The Council of Regional Accrediting Commissions (C-RAC) represents the seven organizations 
responsible for the accreditation
24
 of approximately 3,000 of the nation’s colleges and 
universities:
 
 
 Accrediting Commission for Community and Junior Colleges. 
 Higher Learning Commission. 
 Middle States Commission on Higher Education. 
 New England Commission of Higher Education. 
                                                
20
 Congressional Research Service, An Overview of Accreditation of Higher Education in the United States (Oct. 16, 2020), at 
5-6, available at https://sgp.fas.org/crs/misc/R43826.pdf.. 
21
 34 C.F.R. s. 602.25. 
22
 34 C.F.R. s. 602.19(a). 
23
 34 C.F.R. s. 602.22. A substantive change could include an institution’s change of control, addition of new educational 
programs that are a significant departure from existing offers, or a new location or branch campus. 
24
 Defined as “a process of external review used by the higher education community to assure quality and spur ongoing 
improvement.” Council of Regional Accrediting Commissions, Accreditation 101, https://www.c-rac.org/accreditation-101 
(last visited February 4, 2022).  BILL: SB 7044   	Page 9 
 
 Northwest Commission on Colleges and Universities. 
 Southern Association of Colleges and Schools Commission on Colleges (SACSCOC). 
 Western Association of Schools and Colleges (WASC) Senior College and University 
Commission.
 25
 
 
The SACSCOC is the body for the accreditation of degree-granting higher education institutions 
in the Southern states. It serves as the common denominator of shared values and practices 
primarily among the diverse institutions in Alabama, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia and Latin America and 
certain other international sites approved by the SACSCOC Board of Trustees that award 
associate, baccalaureate, master’s, or doctoral degrees.
 26
 
 
SACSCOC accredits 74 Florida public and private colleges and universities,
27
 including 12 
universities that make up the State University System of Florida, 28 institutions in the Florida 
College System, and 34 private colleges and universities. 
 
Revised Federal Regulations for Accreditation outside Traditional Region 
In 2020, the U.S. Department of Education (USDOE) revised federal regulations to remove 
geographical boundaries on institutions seeking accreditation.
28
 The USDOE noted the 
distinctions between regional and national accreditors are artificial and all accreditors are held to 
the same USDOE standards. Further under these rules, the USDOE recognizes accreditors based 
on the following three categories: institutional accreditors, programmatic accreditors, and 
specialized accreditors, which are programmatic accreditors that also accredit single-program 
institutions.
 29
 
 
The USDOE recognizes 31 non-regional accrediting agencies whose member institutions may 
establish eligibility to participate in federal financial aid programs.
30
 
 
Effect of Proposed Changes 
The bill creates section 1008.47, F.S., relating to postsecondary education institution 
accreditation. The bill defines a “postsecondary education institution” as an FCS institution, state 
university, or nonpublic postsecondary education institution that receives state funds. 
 
The bill prohibits Florida’s public postsecondary education institutions from being accredited by 
the same accrediting agency or association for consecutive accreditation cycles.  The bill requires 
in the year following reaffirmation or fifth-year review by their accrediting agencies or 
                                                
25
 Council of Regional Accrediting Commissions, Who We Are, https://www.c-rac.org/copy-of-about-us (last visited 
February 4, 2022). 
26
 The Southern Association of Colleges and Schools Commission on Colleges website at https://sacscoc.org/about-sacscoc/ 
(last visited February 4, 2022). 
27
 Southern Association of Colleges and Schools Commission on Colleges, SACSCOC Accredited and Candidate List (July 
2021), available at https://sacscoc.org/app/uploads/2019/11/Institutionswebmemlist.pdf. 
28
 See 84 Federal Register 58917-58918 (amending 34 C.F.R. §§ 602.3, 602.11) 
29
 United States Department of Education, Final Accreditation and State Authorization Regulations, available at 
https://www2.ed.gov/policy/highered/reg/hearulemaking/2018/accredfactsheetfinal.pdf. 
30
 United States Department of Education, Institutional Accrediting Agencies, available at 
https://www2.ed.gov/admins/finaid/accred/accreditation_pg3.html#RegionalInstitutional (last visited February 5, 2022).  BILL: SB 7044   	Page 10 
 
associations, public postsecondary education institutions to collaborate to identify accrediting 
agencies or associations that are recognized by the database created and maintained by the 
USDOE, other than their current accrediting agencies or associations, from which to seek 
accreditation and seek and obtain accreditation before their next reaffirmation date. 
 
The bill also provides a cause of action against an accrediting agency or association by a public 
or private postsecondary education institution that has been negatively impacted by retaliatory 
action taken against the postsecondary education institution by an accrediting agency or 
association. The bill provides that if the postsecondary institution prevails, it may recover 
liquidated damages up to the amount of federal financial aid received by the postsecondary 
education institution, court costs, and reasonable attorney fees. 
 
These provisions expires December 31, 2032. 
 
Additionally, the bill directs the Division of Law Revision to prepare a reviser’s bill to replace 
references to the phrases “the Southern Association of Colleges and Schools,” “the Commission 
on Colleges of the Southern Association of Colleges and Schools,” and "the Southern 
Association of Colleges and Schools Commission on Colleges" wherever they occur in Florida 
Statutes with the phrase "an accrediting agency or association recognized by the database created 
and maintained by the United States Department of Education." 
 
Tuition and Fees 
Present Situation 
Florida College System 
The SBE has adopted a rule related to student fees. The rule authorizes each FCS institution 
board of trustees to establish, publish, collect, and budget student fees, and establish dates for the 
payment of such fees.
31
 
 
The standard tuition rate for the FCS is currently set in statute at $71.98 per credit hour for 
advanced and professional, postsecondary vocational, developmental education, and educator 
preparation institute programs, and at $91.79 per credit hour for resident baccalaureate degree 
programs.
32
 For 2020-2021, the average annual cost for the academic year, taking 30 credit hours 
was $3,207.
33
 
 
Each FCS institution is required to publicly notice and notify all enrolled students of any 
proposal to increase tuition or fees at least 28 days before its consideration at a board of trustees 
meeting. The notice must:
 
 
 Include the date and time of the meeting at which the proposal will be considered. 
 Specifically outline the details of existing tuition and fees, the rationale for the proposed 
increase, and how the funds from the proposed increase will be used. 
                                                
31
 Rule 6A-14.054, F.A.C. 
32
 Section 1009.23(3)(a) and (b), F.S. 
33
 See The Florida Department of Education “College and Textbook Affordability in the Florida College System 2021,” at pg. 
2-3.  BILL: SB 7044   	Page 11 
 
 Be posted on the institution’s website and used in a press release.
 34
 
 
State University System 
The BOG, or the board’s designee, is authorized to establish tuition for graduate and professional 
programs and out-of-state fees for all programs.
35
 The BOG has adopted regulations related to 
the adoption of tuition and fees at state universities.
36
 The regulations authorize undergraduate 
tuition per credit hour to be charged as established in law and that each university board of 
trustees set out-of-state fees, graduate fees and myriad other associated student fees.
37
 
 
BOG regulation requires the institution board of trustees to authorize all fees assessed to students 
and that only tuition and fees outlined in the board regulations may be charged.
38
  
The resident undergraduate tuition rate for the SUS is currently set in statute at $105.07 per 
credit hour.
39
 For 2021-2022, the average resident undergraduate, full-time student tuition and 
fees is $6,030.26.
40
 
 
Each state university is required to publicly notice and notify all enrolled students of any 
proposal to change tuition or fees at least 28 days before its consideration at a board of trustees 
meeting. The notice must: 
 Include the date and time of the meeting at which the proposal will be considered. 
 Specifically outline the details of existing tuition and fees, the rationale for the proposed 
change, and how the funds from the proposed change will be used. 
 Be posted on the institution’s website and used in a press release.
 41
 
 
Effect of Proposed Changes 
The bill requires each FCS institution and state university to prominently post all tuition and 
fees, as well as any proposed changes, to their respective websites in an area that is transparent 
and easily accessible. Additionally, the bill adds to existing notification requirements to require 
that for any proposal to increase tuition or fees, the institution must email this information to all 
enrolled students. The bill requires the emailed notification to all enrolled students to also 
include how existing tuition and fees are expended and the necessity for the proposed change or 
increase. 
 
The bill subjects any FCS institution or state university proposal or action for a fee increase, 
authorized by law, to a supermajority vote. Specifically, the bill requires that an FCS institution 
proposal or action to raise, impose, or authorize any fee, as authorized by law, except for tuition, 
                                                
34
 Section 1009.23(20), F.S 
35
 Section 1009.24(4)(b), F.S. 
36
 Florida Board of Governors, Active Regulations, Chapter 7, https://www.flbog.edu/regulations/active-regulations/ (last 
visited February 4, 2022). 
37
 Florida Board of Governors, Regulation 7.003 Fees, Fines and Penalties, available at https://www.flbog.edu/wp-
content/uploads/7-001-tuition-and-associated-fees-regulation.pdf. 
38
 Florida Board of Governors Regulation 7.001 Tuition and Associated Fees, available at https://www.flbog.edu/wp-
content/uploads/2021/10/7.003-Fees-fines-penalties-regulationOct2021FINAL.pdf. 
39
 Section 1009.24(4)(a), F.S 
40
 Florida Board of Governors, State University System of Florida, Tuition and Required Fees, 2021-22, available at 
https://www.flbog.edu/wp-content/uploads/2021/07/2021-2022-SUS-Tuition-and-Fees-Report.pdf. 
41
 Section 1009.24(20), F.S.  BILL: SB 7044   	Page 12 
 
must be approved by a supermajority of the members of the board of trustees of the institution, if 
approval by the board of trustees is required by general law, and supermajority vote of the 
members of the SBE, if approval by the SBE is required by general law, in order to take effect. 
 
The bill codifies s. 7(e), Art. IX of the State Constitution by requiring any state university 
proposal or action to raise, impose, or authorize any fee, as authorized by law, except for tuition, 
to be approved by at least nine affirmative votes of the members of the board of trustees of the 
constituent university (out of a total of 13 members), if approval by the board of trustees is 
required by general law, and at least 12 affirmative votes of the members of the BOG (out of a 
total of 17 members), if approval by the BOG is required by general law, in order to take effect. 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
The measures designed to improve articulation and credit transfer may allow students to 
also save money by completing their programs in a more timely fashion.  
 
The provision relating to public postsecondary institutions seeking and obtaining 
accreditation may have a positive impact on some accrediting agencies or associations 
while having a negative fiscal impact on others, depending on which accrediting agencies 
and associations receive applications from Florida’s public postsecondary institutions.  BILL: SB 7044   	Page 13 
 
C. Government Sector Impact: 
There will be an indeterminate cost to Florida College System institutions and state 
universities related to the requirement they seek and obtain accreditation from an 
accrediting agency or association other than their current accreditors.  
 
The cost of accreditation is multi-faceted and will vary based on the accreditation agency 
and the size of the institution seeking accreditation. Direct and indirect costs form the 
basis for the full costs of accreditation. The direct costs of accreditation include 
accreditor and application fees, operating expenses, direct payments to employees (above 
and beyond salaries), self-study costs, travel costs, consultant fees, office services and 
supplies, travel, meals, and evaluation site-visit costs.  For example, application fees vary 
between $5,000 to $12,500 per institution and the costs associated with site visits 
conducted by accreditors average $2,500 plus expenses for each evaluator. The candidate 
institution pays all reasonable and necessary costs per site visit, including travel, lodging, 
food, and possibly honoraria. Indirect costs such as, human capital costs, costs associated 
with institutional administration, faculty, and staff time as well as opportunity costs of 
redirected resources are much more difficult to identify but studies suggest these cost 
may significantly outweigh the direct costs. 
 
The initial accreditation process requires a substantial financial and time commitment. To 
the extent the cost of seeking and obtaining accreditation is greater than the costs borne 
for reaffirmation, there is an indeterminate fiscal impact to Florida College System 
institutions and state universities. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
1004.085, 1007.24, 1008.47, 1009.23, 1009.24   
This bill substantially amends the following sections of the Florida Statutes: 1004.085, 1007.24, 
1009.23, and 1009.24.  
  
This bill creates section 1008.47 of the Florida Statutes.   
 
The bill creates an unnumbered section of Florida law.  BILL: SB 7044   	Page 14 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.