Florida Legislature 2005 (click for ongoing coverage)

THE LATEST Man gets $2M for 22 years he lost Mystery: Who left money faucet on? Many hurricane relief measures get blown away Dramatic proposal, cautious response Legislature doesn't act on minimum wage deal For open-government cause: 'a mixed bag'

Lawmakers take control of unversity tuitions

A bill sent to the governor lights the fuse for a court challenge over who will hold the financial power.

By DAVID KARP
Published May 6, 2005

TALLAHASSEE - State lawmakers passed a bill Thursday that gives them sole power to decide how much students should pay to attend a public university in Florida.

The bill also gives legislators the authority to set university fees and establish financial aid policies.

If signed into law by Gov. Jeb Bush, the measure is likely to trigger a court fight over who should control Florida's university system.

In 2002, voters passed a constitutional amendment that appears to give the Board of Governors that authority, including over tuition.

"I think the Constitution is very clear," said E.T. York, a former university system chancellor who is part of a group suing over the issue. "Yet the Legislature has tried to spell out a different understanding."

The bill also forbids almost all lobbyists from serving on the Board of Governors or as a trustee at any of Florida's 11 public universities.

Five Democrats, including Rep. Arthenia Joyner of Tampa, voted against the bill in the House. It passed in the Senate 38-0.

Proponents of having the Board of Governors set tuition say the board is more likely to raise tuition to levels that would help Florida schools move to national prominence.

"The stronger the Board of Governors, the stronger higher education will be," said Howard Rock, a professor at Florida International University and a former board member. "Only the Board of Governors will be able to marshal the resources to make the higher education system a strong system."

If the Legislature sets tuition, it will probably keep it low, Rock said. That's because lawmakers know every tuition increase raises the cost of the Bright Futures scholarship program, which helps pay the education expenses of thousands of Florida students.

Legislators say they need the power to set tuition so they can keep a handle on the state's budget.

The bill gives the Board of Governors control over university admissions, university employees, program creation and the setting of each school's mission and strategic plan.

Legislators also gave the board its own staff for the first time, according to Carolyn Roberts, the board's chairwoman. The proposed state budget gives the board about $6.1-million, she said, enough to pay about 60 employees who currently work for the state Department of Education.

"This is a very important first step," said Roberts, who said she wants to hold a workshop with legislators to discuss the two groups' roles.

"I am always hopeful that we can work it out without having it settled in court," she said.

Bush said Thursday he needs to study the final version of the bill before deciding whether he will sign it.

Times staff writers Lucy Morgan, Joni James and Steve Bousquet contributed to this report.

[Last modified May 6, 2005, 00:37:10]