The Oddest Ballot Measure on Higher Ed? Look to Florida

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What do these three things have in common: death benefits for the families of first responders and veterans; tuition paid by university students; and governing boards of state colleges? All three issues appear in a single ballot measure, to amend Florida’s Constitution, which voters will consider on Tuesday.

Looked at broadly, the amendment could give some public colleges more governance autonomy while giving less independence to public universities. If 60 percent of Florida voters say yes to the measure, the governance structure of the Florida College System will be preserved in the state’s Constitution, just as the state university system’s is already.

At the same time, the measure would raise the requirements for the 12 public universities to increase student fees. Instead of a simple majority vote to increase a fee, the new amendment would mandate a supermajority of both the university’s local board and the state system’s board.

The third issue in the amendment would expand the categories of emergency responders and military veterans whose families would receive state educational and other benefits if the responders or service members are killed while performing their duties.

The unusual combination of subjects is the result, in part, of a once-every-20-years opportunity to revise Florida’s Constitution. A Constitutional Revision Commission, which met this year, approved bundling the three proposals into one ballot measure — one of a dozen that Florida voters will consider.

The main supporter of Amendment 7, as it will appear on the ballot, is the Association of Florida Colleges — a nonprofit membership group that advocates for the state’s 28 public two- and four-year colleges.

Michael Brawer, executive director of the association, said the governance structure of the colleges would remain the same, with a local governing board for each institution and oversight from the state’s education department.

Placing that structure in the Constitution would prevent state lawmakers from constantly trying to tinker with the governance, Brawer said. “The Legislature is always trying to ‘improve’ the system,” he said. “This will, kind of, put that to bed,” he added.

The measure could also help preserve the system’s annual state appropriations, Brawer said.

While the public colleges are seeking less intrusion on governance matters, the amendment would place a new burden on the state’s 12 public universities. Officials from the state’s Board of Governors did not respond to a request for comment.

Brawer said the universities didn’t appear to oppose the measure. “I don’t know why they’re willing to live with that,” he said.

There has been a somewhat lengthy history of the universities battling with state lawmakers over governance and setting their own tuition levels.

In 2010 the State University System of Florida’s Board of Governors signed a memorandum of understanding with the governor and legislative leaders that gives the system authority over regulations and policies. The agreement formalized the board’s decision to end its participation in a 2007 lawsuit that sought to strip tuition-setting authority from state legislators.

The opposition to Amendment 7 has come primarily from groups that oppose the bundling of three unrelated issues into one ballot measure. The state’s chapter of the League of Women Voters and most of the state’s newspapers have urged residents to reject the amendment, though some polling suggests it has wide support.

“This is another amendment that jumbles together three issues,” the Tampa Bay Times wrote in an editorial opposing the amendment. “The fee issue is the major stumbling block here, as universities are already strapped for cash, and this would make it far harder — requiring much more than a majority — to raise them,” the paper’s editorial board said.

Eric Kelderman writes about money and accountability in higher education, including such areas as state policy, accreditation, and legal affairs. You can find him on Twitter @etkeld, or email him at eric.kelderman@chronicle.com.