Fla. Stat. § 1001.92 — Florida Code / Title XLVIII / Chapter 1001 / Part IV / Section 1001.92
1001.92 State University System Performance-Based Incentive.
Status: in_force

(1) A State University System Performance-Based Incentive shall be awarded to state universities using performance-based metrics adopted by the Board of Governors of the State University System. Beginning with the Board of Governors’ determination of each university’s performance improvement and achievement ratings, and the related distribution of annual fiscal year appropriation, the performance-based metrics must include: (a) The 4-year graduation rate for first-time-in-college students; (b) Beginning in fiscal year 2022-2023, the 3-year graduation rate for associate in arts transfer students; (c) Retention rates; (d) Postgraduation education rates; (e) Degree production; (f) Affordability; (g) Postgraduation employment and salaries, including wage thresholds that reflect the added value of a baccalaureate degree; (h) Access rate, based on the percentage of undergraduate students enrolled during the fall term who received a Pell Grant during the fall term; and (i) Beginning in fiscal year 2021-2022, the 6-year graduation rate for students who are awarded a Pell Grant in their first year. The Board of Governors may approve other metrics in a publicly noticed meeting. The board shall adopt benchmarks to evaluate each state university’s performance on the metrics to measure the state university’s achievement of institutional excellence or need for improvement and minimum requirements for eligibility to receive performance funding. Benchmarks and metrics may not be adjusted after university performance data has been received by the Board of Governors.

(2) Each fiscal year, the amount of funds available for allocation to the state universities based on the performance-based funding model shall consist of the state’s investment in performance funding plus institutional investments consisting of funds deducted from the base funding of each state university in the State University System in an amount provided by the Legislature. The Board of Governors shall establish minimum performance funding eligibility thresholds for the state’s investment and the institutional investments. A state university that meets the minimum institutional investment eligibility threshold, but fails to meet the minimum state investment eligibility threshold, shall have its institutional investment restored but is ineligible for a share of the state’s investment in performance funding. The institutional investment shall be restored for each institution eligible for the state’s investment under the performance-based funding model.

(3)(a) A state university that fails to meet the Board of Governors’ minimum institutional investment performance funding eligibility threshold shall have its institutional investment withheld by the board and must submit an improvement plan to the board that specifies the activities and strategies for improving the state university’s performance. The board must review and approve the improvement plan and, if the plan is approved, must monitor the state university’s progress in implementing the activities and strategies specified in the improvement plan. The state university shall submit monitoring reports to the board by December 31 and May 31 of each year in which an improvement plan is in place. The ability of a state university to submit an improvement plan to the board is limited to 1 fiscal year. (b) The Chancellor of the State University System shall withhold disbursement of the institutional investment until the monitoring report is approved by the Board of Governors. A state university determined by the board to be making satisfactory progress on implementing the improvement plan shall receive no more than one-half of the withheld institutional investment in January and the balance of the withheld institutional investment in June. A state university that fails to make satisfactory progress may not have its full institutional investment restored. Any institutional investment funds that are not restored shall be redistributed in accordance with the board’s performance-based metrics.

(4) Distributions of performance funding, as provided in this section, shall be made by the Legislature to each of the state universities.

(5) Notwithstanding any other provision of this section, if any institution is found to have a substantiated violation of s. 1000.05(4)(a), the institution shall be ineligible to receive performance funding during the next fiscal year following the year in which the violation is substantiated. Substantiated findings are those as determined by a court of law, a standing committee of the Legislature, or the Board of Governors.

(6) By October 1 of each year, the Board of Governors shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report on the previous fiscal year’s performance funding allocation which must reflect the rankings and award distributions.

(7) The Board of Governors shall adopt regulations to administer this section.

History: s. 14, ch. 2015-222; ss. 9, 126, ch. 2016-62; s. 12, ch. 2016-237; s. 5, ch. 2018-4; s. 4, ch. 2020-117; ss. 8, 9, ch. 2022-154.