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Meeting Packet — Postsecondary Education & Workforce Subcommittee (March 7, 2023)

Summary

Meeting packet for the Postsecondary Education & Workforce Subcommittee, Tuesday, March 7, 2023, 12:45 pm to 03:45 pm, Morris Hall (17 HOB). The notice lists HB 257 Higher Educational Facilities Financing by Baker, HB 517 Nursing Education for Military Combat Medics by Rudman, and HB 931 Postsecondary Educational Institutions by Roach, plus PCS for HB 679, Agreements of State Colleges and State Universities with Foreign Entities. The staff analysis of HB 257 says the Higher Educational Facilities Financing Authority is a public corporation that assists members of the Independent Colleges and Universities of Florida in constructing, financing, and refinancing projects.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet — Postsecondary Education & Workforce Subcommittee (March 7, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-07-3247-postsecondary-education-workforce-subcommittee-meeting-9545bad110/, SHA-256 036b5d242c46755bf38ce786d180ab537eef188991eeacf34d3148df4d006a13.

Full text

    Postsecondary Education &
     Workforce Subcommittee
                March 7, 2023
                   12:45 PM
              Morris Hall (17 HOB)

                Meeting Packet

Paul Renner                          Lauren Melo
Speaker                                    Chair
                                         Committee Meeting Notice
                                              HOUSE OF REPRESENTATIVES




                            Postsecondary Education & Workforce Subcommittee

Start Date and Time:               Tuesday, March 07, 2023 12:45 pm

End Date and Time:                 Tuesday, March 07, 2023 03:45 pm

Location:                          Morris Hall (17 HOB)
Duration:                          3.00 hrs


Consideration of the following bill(s):

HB 257 Higher Educational Facilities Financing by Baker
HB 517 Nursing Education for Military Combat Medics by Rudman
HB 931 Postsecondary Educational Institutions by Roach


Consideration of the following proposed committee substitute(s):

PCS for HB 679 -- Agreements of State Colleges and State Universities with Foreign Entities



To submit an electronic appearance form, and for information about attending or testifying at a committee
meeting, please see the “Visiting the House” tab at www.myfloridahouse.gov.




                             NOTICE FINALIZED on 03/03/2023 4:13PM by Haney.Kendall


03/03/2023     04:13:20PM                                   Leagis ®                                        Page 1 of 1
HB 257
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 257 Higher Educational Facilities Financing
SPONSOR(S): Baker
TIED BILLS:       IDEN./SIM. BILLS:   SB 598

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Postsecondary Education & Workforce                                                    Dixon               Kiner
       Subcommittee

    2) Appropriations Committee

    3) Education & Employment Committee

                                               SUMMARY ANALYSIS
The Higher Educational Facilities Financing Authority (HEFFA) is a public corporation that assists the 30
institutions that are members of the Independent Colleges and Universities of Florida (ICUF) in constructing,
financing, and refinancing projects. Among other things, the authority may issue tax-exempt or taxable revenue
bonds, which are not secured by the full faith and credit of the state and do not constitute an obligation of the
state. Financing acquired through the authority may be used for such construction projects as administration
and academic buildings, research facilities, libraries, athletic facilities, dormitories, parking and student service
facilities, and loans made in anticipation of tuition revenues.

The bill revises several provisions relating to the makeup and operation of HEFFA, including board appointee
terms, public meetings and workshops, quorum and participation at such meetings and workshops, audit
deadlines, contract administration, means of defining financial responsibility in financing agreements, and
legislative determinations with respect to HEFFA’s purpose. Specifically, the bill:
    •    Modifies the legislative findings and declarations by clarifying the necessity of the public interest of the
         provisions enacted as a matter of legislative determination.
    •    Specifies the start of a term when the Governor appoints a new member to the HEFFA as beginning on
         the later of the date the current term expires or the date the new member was appointed.
    •    Allows for the HEFFA to conduct a public meeting or workshop by means of communications media
         technology. For meeting or workshops being conducted via communication media technology, the bill
         requires the HEFFA to provide notice requirements for such meetings and workshops. This bill also
         revises the requirement for the HEFFA to take action by defining a quorum and the necessity of an
         affirmative vote of a majority of members participating in the meeting.
    •    Authorizes the HEFFA to contract with an entity as its agent and to assist the HEFFA with
         administrative matters.
    •    Prohibits the HEFFA from entering into a financing agreement with a participating institution for a
         project, if at the time the agreement is executed, the institution is not financially responsible and not
         fully capable of and willing to fulfill its obligation under the financing agreement.
    •    Revises the timeframe that the HEFFA is required to submit a report to the Governor and the presiding
         offices of each house of the Legislature, to be within six months after the end of its fiscal year.
This bill does not appear to have a fiscal impact on state government and any unforeseen expenses incurred
can be absorbed by the Authority’s existing resources.

The bill provides an effective date of July 1, 2023.




                                                            FULL ANALYSIS

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME:
DATE:
                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Higher Educational Facilities Financing Authority

         Creation and Background

         The Higher Educational Facilities Financing Authority (authority) is a public corporation which assists
         eligible institutions of higher education in constructing, financing, and refinancing educational facilities
         construction. 1 Participation in financing through the authority is limited to independent nonprofit
         colleges or universities which are located in and chartered by the state of Florida; are accredited by the
         Southern Association of Colleges and Schools (SACS); grant baccalaureate degrees; and are not a
         state university or community college. 2 This includes all 30 institutions belonging to the Independent
         Colleges and Universities of Florida (ICUF). 3

         Among other things, the authority may issue tax-exempt or taxable revenue bonds; acquire real estate;
         contract; and execute loans, leases, and other legal instruments. 4 Bonds issued by the authority are not
         secured by the full faith and credit of the state, and do not constitute an obligation of the state. 5 The
         authority may not enter into a financing agreement with a participating institution unless the institution
         demonstrates that it is financially responsible and capable of fulfilling its obligations under the
         agreement. 6

         Currently, the authority and participating institutions are exempt from taxes or assessments related to a
         project or any property acquired for a project and any tax on income from those projects. Any bonds
         issued by the authority, any security for the bonds, the transfer of the bonds, and the income from the
         bonds (including profit on their sale) and notes, mortgages, security agreements, letters of credit, or
         other instruments are also exempt from taxation of any kind by the state or any local unit, political
         subdivision, or other instrumentality of the state. This tax exemption does not apply to income taxes
         imposed on corporations under ch. 220, F.S. 7

         HEFFA Board Membership, Meetings, and Transacting Business

         HEFFA’s board consists of five members appointed by the Governor, subject to confirmation by the
         Senate. The Governor may remove a board member for misfeasance, malfeasance, or willful neglect of
         duty. Board members serve a term of five years and are eligible for reappointment. Additionally, the
         Governor may fill any vacancy for an unexpired term. 8

         HEFFA board members do not receive compensation, but may be reimbursed for expenses incurred
         during their duties. 9

1
  Part II, ch. 243, F.S.
2
  Section 243.52(6), F.S. The law defines the terms “institution of higher education” and “participating institution” to be synonymous.
See s. 243.52(6) and (7), F.S.
3
  See Independent Colleges and Universities of Florida, About Us, Our Colleges – ICUF (last visited Feb. 4, 2023). ICUF institutions
include AdventHealth University, Ave Maria University, Barry University, Beacon College, Bethune-Cookman University, Eckerd
College, Edward Waters College, Embry-Riddle Aeronautical University, Everglades University, Flagler College, Florida College,
Florida Institute of Technology, Florida Memorial University, Florida Southern College, Hodges University, Jacksonville University,
Keiser University, Lynn University, Nova Southeastern University, Palm Beach Atlantic University, Ringling College of Art and
Design, Rollins College, St. Leo University, Southeastern University, St. Thomas University, Stetson University, The University of
Tampa, University of Miami, Warner University, and Webber International University.
4
  Section 243.54, F.S.
5
  Section 243.64, F.S.
6
  Section 243.58(2), F.S.
7
  Section 243.70, F.S.
8
  Section 243.53(2), F.S.
9
  Section 112.061, F.S.
STORAGE NAME:                                                                                                                  PAGE: 2
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         A majority of HEFFA’s members constitutes a quorum and the affirmative vote of the members present
         at a HEFFA meeting is necessary for HEFFA to take any action. 10

         The HEFFA board must submit an annual report regarding its activities to the Governor and presiding
         officers of each house of the Legislature within two months of the end of its fiscal year. 11

         Purpose and Powers

         The purpose of the HEFFA is to assist eligible institutions 12 in constructing, financing, and refinancing
         projects 13 throughout the state and to enable these institutions to coordinate budgetary needs with the
         time of receipt of tuition revenues. 14

         As a public corporation, the HEFFA, has perpetual succession and can adopt bylaws for the regulations
         of its affairs and the conduct of its business. 15 In conducting its business, the HEFFA can employ
         consulting engineers, architects, attorneys, accountants, construction and financial experts,
         superintendents, managers, and other employees and agents as necessary. 16 Additionally, the HEFFA
         can charge to and equitably apportion among participating institutions 17 its administrative costs and
         expenses incurred in the exercise of the powers and duties. 18 When screening applications of
         institutions of higher education for loans, the HEFFA, can contract with an entity as its agent for
         assistance. 19

         The HEFFA also has the authority to make and execute financing agreements, leases, contracts,
         deeds and other instruments necessary or convenient in the exercise of the powers and functions of
         the authority. This includes the sale-leaseback, lease-purchase, lease-leaseback, or other undertakings
         and provide for the sale of certificates of participation incident thereto. 20 In addition, the HEFFA can
         mortgage any project and the site thereof for the benefit of the holders of revenue bonds issued to
         finance projects or those providing credit for that purpose. 21

         Another responsibility of the HEFFA is to issue bonds, bond anticipation notes, and other obligations for
         any of its corporate purposes. 22 The HEFFA may also receive and accept from any public agency loans
         or grants for or in aid of the construction of a project. 23 Loans to any participating institution for the cost


10
   Section 243.53(5), F.S.
11
   Section 243.73(1), F.S.
12
   Section 243.52(6), F.S. defines the term “Institution of higher education” as an independent nonprofit college or university which is
located in and chartered by the state; which is accredited by the Commission on Colleges of the Southern Association of Colleges and
Schools; which grants baccalaureate degrees; and which is not a state university or Florida College System institution.
13
   Section 243.52(3), F.S. defines the term “project” as a structure that is suitable for use as a dormitory or other housing facility,
dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility,
health care facility, or maintenance, storage, or utility facility and other structures or facilities related thereto, required thereto, or
required or useful for the instruction of students, the conducting of research, or the operation of an institution of higher education. The
term also includes parking and other facilities or structures, essential or convenient for the orderly conduct of such institution of higher
education and includes equipment and machinery and other similar items necessary or convenient for the operation of a particular
facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items
that are customarily deemed to result in a current operating charge. The term also includes a loan in anticipation of tuition revenues by
an institution of higher education, as defined in s. 254.52(6), F.S.
14
   Section 243.51, F.S.
15
   Section 253.54(2), F.S.
16
   Section 243.54(10), F.S.
17
   Section 254.52(7), F.S. defines the term “participating institution” as an institution of higher education, as defined in s. 243.52(6),
F.S. that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations
or of a mortgage or of advances as provided in and permitted by ss. 243.50-243.77, F.S.
18
   Section 243.54(15), F.S.
19
   Section 243.54(16), F.S.
20
   Section 243.54(6), F.S.
21
   Section 243.54(12), F.S.
22
   Section 243.54(8), F.S.
23
   Section 243.54(11), F.S.
STORAGE NAME:                                                                                                                       PAGE: 3
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         of the project, including a loan in anticipation of tuition revenues can be made by the HEFFA. 24 The
         HEFFA can make loans to a participating institution to refund outstanding obligations, mortgages, or
         advances issued, made, or given by the participating institution for the cost of a project. 25

         The HEFFA can determine the location and character of any project to be financed; construct,
         reconstruct, maintain, repair and lease the project as lessee or lessor; enter into contracts with any of
         those purposes. For these purposes, the HEFFA can designate the participating institution as the agent
         of the authority. 26

         Accountability and Transparency

         The HEFFA can establish rules for the use of a project, and designate a participating institution as its
         agent to establish rules for the use of the project undertaken by the participating institution. 27

         The HEFFA will transfer free and clear title to the participating institution when principal and interest on
         revenue bonds have been paid (or adequate provision has been made to pay any bonds), all other
         conditions securing the bonds have been satisfied, and the lien has been released. 28

         At the end of each fiscal year, the HEFFA will submit a report to the Governor and the presiding officers
         of each house of the Legislature, within two months after the end of its fiscal year. The report will
         include: 29
             • The HEFFA’s operation and accomplishments.
             • The HEFFA’s receipts and expenditures during the fiscal year.
             • The HEFFA’s assets and liabilities at the fiscal year and the status of reserved, special or other
                 funds.
             • A schedule of bonds that are outstanding at the end of the fiscal year, with a statement of the
                 principal amounts of bonds issued and redeemed during the fiscal year.
             • Any other information the HEFFA deems appropriate.

         With the report, the HEFFA will also submit a copy of an annual financial audits of its accounts and
         records and an annual compliance audit of its programs conducted by an independent certified public
         accountant. 30

         Undertaking Projects

         Eligibility and the undertaking for any projects will be determined by the HEFFA. One requirement is
         that the project is appropriate to the need and circumstance of, and will make a significant contribution
         to the purposes of, the authority and will serve a public purpose by advancing the prosperity and
         general welfare of the state and public. In addition, a financing agreement for a project will not be
         entered into with a participating institution that is not financially responsible and fully capable of and
         willing to fulfil its obligation under the financial agreement. The HEFFA will also require that adequate
         provisions must be made for the operation, repair, and maintenances of a project at the expense of the
         participating institution and for the payment of principal of and interest on the bonds. 31

         Tax Exempt Bonds

         Revenue bonds issued by HEFFA are not a debt or liability of HEFFA, any municipality, the state, or
         any political subdivision thereof. 32 Thus, the bonds are not secured by the full faith and credit of the

24
   Section 243.54(13), F.S.
25
   Section 243.54(14), F.S
26
   Section 243.54(7)(a)-(c), F.S
27
   Section 243.54(9), F.S.
28
   Section 243.57, F.S.
29
   Section 243.73(1)(a)-(e), F.S.
30
   Section 243.73(2), F.S.
31
   Section 243.58, F.S.
32
   Section 243.66, F.S.
STORAGE NAME:                                                                                                 PAGE: 4
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         state, and do not constitute an obligation, either general or special, of the state. 33 However, the bonds
         may be secured by mortgage or the full faith and credit of a participating institution of higher education
         or any other lawfully pledged security of a participating institution of higher education. 34
         Because the operation and maintenance of a project by the HEFFA or a participating institution
         constitutes the performance of an essential public function, neither the HEFFA nor a participating
         institution is required to pay any taxes or assessments upon or in respect of a project or any property
         acquired or used by the HEFFA or a participating institution. 35

         Effect of Proposed Changes

         The bill revises several provisions relating to the makeup and operation of HEFFA, including board
         appointee terms, public meetings and workshops, quorum and participation at such meetings and
         workshops, audit deadlines, contract administration, means of defining financial responsibility in
         financing agreements, and legislative determination’s with respect to HEFFA’s purpose.

         The bill modifies the legislative findings and declarations by clarifying the necessity of the public interest
         of the provisions enacted as a matter of legislative determination.

         The bill specifies the start of a term when the Governor appoints a new member to the Higher
         Educational Facilities Financing Authority as beginning on the later of the dates that the current term
         expires or the date the new member was appointed by the Governor.

         The bill defines “communications media technology” as telephone conference, video conference, or
         other communication technology that enables all persons attending a public meeting or workshop can
         audibly communicate. The bill allows for the Higher Educational Facilitates Financing Authority to
         conduct a public meeting or workshop by means of communications media technology. For meeting or
         workshops being conducted via communication media technology, the bill requires the Higher
         Educational Facilities Financing Authority to provide notice requirements for such meetings and
         workshops.

         This bill also revises the requirement for an action to be taken by the Higher Educational Facilities
         Financing Authority as a majority of members constitutes a quorum, and the affirmative vote of a
         majority of members participating in the meeting is necessary.

         The bill authorizes HEFFA to contract with an entity as its agent and to assist it with administrative
         matters.

         Additionally, the bill prohibits the HEFFA from entering into a financing agreement with a participating
         institution for a project, if at the time the agreement is executed, the institution is not financially
         responsible and not fully capable of and willing to fulfill its obligation under the financing agreement.
         The bill revises the timeframe for the Higher Educational Authority to submit a report to the Governor
         and the presiding offices of each house of the Legislature, to be within six months after the end of its
         fiscal year.
     B. SECTION DIRECTORY:
         Section 1:          Amends s. 243.51, F.S.; modifying legislative findings and declarations regarding the
                             Higher Education Facilities Financing Act.
         Section 2:          Amends s. 243.53, F.S.; specifying when the term for a new appointee to the Higher
                             Educational Facilities Financing Authority begins; defining “communications media
                             technology”; revising a requirement for when action may be taken by the Higher
                             Educational Facilities Financing Authority; authorizing the Higher Educational Authority



33
   Section 243.64, F.S.
34
   Section 243.52(5), F.S.
35
   Section 243.70, F.S.
STORAGE NAME:                                                                                                   PAGE: 5
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                     to conduct meetings and workshops by means of communications media technology;
                     providing notice requirements for meetings and workshops.
      Section 3:     Amends s. 243.54, F.S.; authorizing the Higher Educational Authority to contract with an
                     entity to assist with administrative matters.
      Section 4:     Amends 243.58, F.S.; prohibiting the Higher Educational Authority from entering into a
                     financing agreement with a participating institution for a project if at the time the
                     agreement is executed certain conditions exist.
      Section 5:     Amends 243.73, F.S.; revising the timeframe within which the Higher Educational
                     Authority is required to submit a report to the Governor and the Legislature.
      Section 6:     Provides an effective date of July 1, 2023.

                       II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

      1. Revenues:
          None.

      2. Expenditures:
          None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

      1. Revenues:
          None.

      2. Expenditures:
          None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       See Fiscal Comments.

   D. FISCAL COMMENTS:
       The bill does not appear to have a fiscal impact. Any unforeseen expenses incurred can be absorbed
       by the Authority’s existing resources.

                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

      1. Applicability of Municipality/County Mandates Provision:
         None.

      2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
      None.
STORAGE NAME:                                                                                          PAGE: 6
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                IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME:                                                 PAGE: 7
DATE:
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           HB 257                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to higher educational facilities
    3               financing; amending s. 243.51, F.S.; modifying
    4               legislative findings and declarations regarding the
    5               Higher Education Facilities Financing Act; amending s.
    6               243.53, F.S.; specifying when the term for a new
    7               appointee to the Higher Educational Facilities
    8               Financing Authority begins; defining the term
    9               "communications media technology"; revising a
10                  requirement for when action may be taken by the
11                  authority; authorizing the authority to conduct
12                  meetings and workshops by means of communications
13                  media technology; providing notice requirements for
14                  meetings and workshops; amending s. 243.54, F.S.;
15                  authorizing the authority to contract with an entity
16                  to assist with administrative matters; amending s.
17                  243.58, F.S.; prohibiting the authority from entering
18                  into a financing agreement with a participating
19                  institution for a project if at the time the agreement
20                  is executed certain conditions exist; amending s.
21                  243.73, F.S.; revising the timeframe within which the
22                  authority is required to submit a report to the
23                  Governor and the Legislature; providing an effective
24                  date.
25

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        HB 257                                                                                                2023




26      Be It Enacted by the Legislature of the State of Florida:
27
28               Section 1.         Section 243.51, Florida Statutes, is amended to
29      read:
30               243.51        Findings and declarations.—It is the purpose of ss.
31      243.50-243.77 to provide a measure of assistance and an
32      alternative method for enabling private institutions of higher
33      education in of this state to provide the facilities and
34      structures that they need and to enable those institutions to
35      coordinate their budgetary needs with the timing of receipt of
36      tuition revenues. The necessity of the public interest of the
37      provisions hereinafter enacted is hereby declared as a matter of
38      legislative determination.
39               Section 2.         Subsections (2) and (5) of section 243.53,
40      Florida Statutes, are amended to read:
41               243.53        Creation of Higher Educational Facilities Financing
42      Authority.—
43               (2)         The authority shall consist of five members to be
44      appointed by the Governor, subject to confirmation by the
45      Senate. One member shall be a trustee, director, officer, or
46      employee of an institution of higher education. Of the members
47      first appointed, one shall serve for 1 year, one for 2 years,
48      one for 3 years, one for 4 years, and one for 5 years, and in
49      each case until his or her successor is appointed and has
50      qualified. Thereafter, the Governor shall appoint for terms of 5

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        HB 257                                                                                                2023




51      years each a member or members to succeed those whose terms
52      expire, beginning on the later of the dates on which the current
53      term expires or the date of appointment by the Governor . The
54      Governor shall fill any vacancy for an unexpired term. A member
55      of the authority is eligible for reappointment. Any member of
56      the authority may be removed by the Governor for misfeasance,
57      malfeasance, or willful neglect of duty. Each member of the
58      authority before entering upon his or her duties shall take and
59      subscribe to the oath or affirmation required by the State
60      Constitution. A record of each oath must be filed in the office
61      of the Department of State and with the authority.
62               (5)(a)        As used in this subsection, the term
63      "communications media technology" means telephone conference,
64      video conference, or other communications technology by which
65      all persons attending a public meeting or workshop may audibly
66      communicate.
67               (b)         A majority of the members of the authority constitutes
68      a quorum, and the affirmative vote of a majority of the members
69      participating in the present at a meeting of the authority is
70      necessary for any action taken by the authority. A vacancy in
71      the membership of the authority does not impair the right of a
72      quorum to exercise all the rights and perform all the duties of
73      the authority. Any action taken by the authority under ss.
74      243.50-243.77 may be authorized by resolution at any regular or
75      special meeting, and each resolution takes shall take effect

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         HB 257                                                                                                2023




 76      immediately and does need not need to be published or posted.
 77      The authority may conduct public meetings and workshops by means
 78      of communications media technology. The notice for any such
 79      public meeting or workshop must state that the meeting or
 80      workshop will be conducted through the use of communications
 81      media technology, must specify how persons interested in
 82      attending may do so, and must provide a location where
 83      communications media technology facilities are available. The
 84      participation by an officer, a board member, or any other
 85      representative of a member public agency in a meeting or
 86      workshop conducted through communications media technology
 87      constitutes that individual's presence at such meeting or
 88      workshop.
 89               Section 3.        Subsection (16) of section 243.54, Florida
 90      Statutes, is amended to read:
 91               243.54       Powers of the authority.—The purpose of the
 92      authority is to assist institutions of higher education in
 93      constructing, financing, and refinancing projects throughout the
 94      state and, for this purpose, the authority may:
 95               (16)        Contract with an entity as its agent to assist the
 96      authority with administrative matters and in screening
 97      applications of institutions of higher education for loans under
 98      ss. 243.50-243.77 and receive any recommendations the entity may
 99      make.
100               Section 4.        Subsection (2) of section 243.58, Florida

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         HB 257                                                                                                2023




101      Statutes, is amended to read:
102               243.58        Criteria and requirements.—In undertaking any
103      project under ss. 243.50-243.77, the authority shall be guided
104      by and shall observe the following criteria and requirements:
105               (2)         A financing agreement for a project may not be entered
106      into with a participating institution that is not, at the time
107      such agreement is executed, financially responsible and fully
108      capable of and willing to fulfill its obligations under the
109      financing agreement, including the obligations to make payments
110      in the amounts and at the times required; to operate, repair,
111      and maintain at its own expense the project owned or leased; and
112      to serve the purposes of ss. 243.50-243.77 and any other
113      responsibilities that may be imposed under the financing
114      agreement. In determining the financial responsibility of the
115      participating institution, consideration will must be given to
116      the party's ratio of current assets to current liabilities; net
117      worth; endowments; pledges; earning trends; coverage of all
118      fixed charges; the nature of the project involved; its inherent
119      stability; any guarantee of the obligations by some other
120      financially responsible corporation, firm, or person; means by
121      which the bonds are to be marketed to the public; and other
122      factors determinative of the capability of the participating
123      institution, financially and otherwise, to fulfill its
124      obligations consistently with the purposes of ss. 243.50 -243.77.
125               Section 5.         Subsection (1) of section 243.73, Florida

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         HB 257                                                                                                2023




126      Statutes, is amended to read:
127               243.73        Reports; audits.—
128               (1)         The authority shall submit to the Governor and the
129      presiding officers of each house of the Legislature, within 6 2
130      months after the end of its fiscal year, a complete and detailed
131      report setting forth:
132               (a)         Its operations and accomplishments.
133               (b)         Its receipts and expenditures during its fiscal year
134      in accordance with the categories or classifications established
135      by the authority for its operating and capital outlay purposes.
136               (c)         Its assets and liabilities at the end of its fiscal
137      year and the status of reserve, special, or other funds.
138               (d)         A schedule of its bonds outstanding at the end of its
139      fiscal year, together with a statement of the principal amounts
140      of bonds issued and redeemed during the fiscal year.
141               (e)         Any other information the authority deems appropriate.
142               Section 6.         This act shall take effect July 1, 2023.




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                                                                                                              hb0257-00
HB 517
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 517 Nursing Education for Military Combat Medics
SPONSOR(S): Rudman and others
TIED BILLS:       IDEN./SIM. BILLS: SB 274

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Postsecondary Education & Workforce                                                    McDaniel            Kiner
       Subcommittee

    2) Higher Education Appropriations Subcommittee

    3) Education & Employment Committee

                                             SUMMARY ANALYSIS
The bill creates the “Pathway for Military Combat Medics Act.” The bill expands existing law for awarding
postsecondary credit for military training and education courses to include the application of military combat
medic training and education toward postsecondary credit (credit) or career education clock hours (clock
hours) in accredited nursing education programs.

The bill directs the Articulation Coordinating Committee (ACC) to form a workgroup to develop a process for
prioritizing and determining postsecondary course equivalencies, as well as the minimum credit or clock hours
that must be awarded in an accredited nursing education program for military training and education required
for service in specified positions. The process must be approved by the State University System's Board of
Governors (BOG) and the State Board of Education (SBE). Furthermore, it calls for the ACC to approve a list
of postsecondary course equivalencies, as well as credit and clock hours awarded for such courses and
training, which must be approved by the BOG and SBE in the statewide articulation agreement. Finally, the
approved list must be used by state universities, Florida College System (FCS) institutions, and career centers
to award credit or clock hours.

The bill revises a primary goal of the Florida Center for Nursing by requiring that, as part of its strategic
statewide plan for nursing manpower, to encourage and coordinate partnerships with hospitals that provide
opportunities for nursing students to gain clinical experience.

The bill has no state fiscal impact.

This bill takes effect upon becoming law.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME:
DATE:
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Postsecondary Credit for Military Training and Education Courses

        The Board of Governors of the State University System (BOG) and the State Board of Education (SBE),
        in consultation with the Department of Veterans’ Affairs, are required to adopt regulations and rules,
        respectively, to create a system for the uniform award of credit or clock hours based on military training
        and education. 1

        The Articulation Coordinating Committee (ACC) must approve a prioritized list of postsecondary course
        equivalencies and the minimum credit or clock hours that must be awarded for courses taken or
        occupations held by individuals during their service in the military. The list must then be adopted in the
        statewide articulation agreement by the BOG and SBE. The list must be updated annually. 2

        The current list includes credit or clock hour equivalencies for 46 military occupations, which include
        Practical Nurse, Combat Medic Specialist, and Special Operations Combat Medic. 3 The American
        Council on Education (ACE) Military Guide 4 was used as a foundation to determine equivalences,
        including courses for military occupations. For example, military veterans that served as a Combat
        Medic Specialist can currently receive a minimum of 29 credit hours for courses in the system such as
        Medical Emergencies (3 credit hours), Advanced Pre-Hospital Trauma (4 credit hours), and
        Fundamentals of Nursing (7 credit hours). 5

        State universities, Florida College System (FCS) institutions, and career centers operated by school
        districts must award credit or clock hours, as applicable, for approved courses and occupations
        included in the list, if the credit or clock hours are applicable to the student’s degree or certificate.
        Institutions may also grant additional credit or clock hours, if appropriate. Credit awarded on these
        bases is guaranteed to transfer to other public postsecondary institutions as if the credit was earned at
        the receiving institution. 6

        Articulation Coordinating Committee

        The Commissioner of Education, in consultation with the Chancellor of the State University System,
        establishes the Articulation Coordinating Committee (ACC), whose primary role is to recommend
        statewide articulation policies. 7 Specifically, the ACC must monitor articulation between education
        systems, propose guidelines for articulation agreements, publish lists of general education and
        common prerequisite courses, establish dual enrollment course equivalencies to high school credit, and
        annually review the Statewide Articulation Agreement. 8 The Office of K-20 Articulation within the Florida
        Department of Education provides administrative support to the ACC. 9

1
  Section 1004.096, F.S.; see also Board of Governors Regulation 6.013 and Rule 6A-10.024, F.A.C.
2
  Id.
3
  Articulation Coordinating Committee, Credit or Clock Hour for Military Experience Equivalency List (Sept. 2022), available at
https://www.fldoe.org/core/fileparse.php/5421/urlt/MilExpEquiv.pdf.
4
  American Council on Education, The ACE Military Guide, https://www.acenet.edu/Programs-Services/Pages/Credit-
Transcripts/Military-Guide-
Online.aspx?gclid=CjwKCAiA_vKeBhAdEiwAFb_nrZ8jsFyi7IgkhcHOCpUFzOhUZb8bDy0M_FWMQDEOU_YpBGwrpEPdwhoC
5MUQAvD_BwE (last visited Feb. 10, 2023).
5
  Board of Governors, 2023 Legislative Bill Analysis for SB 274, (Feb. 1, 2023).
6
  Articulation Coordinating Committee, Credit or Clock Hour for Military Experience Equivalency List (Sept. 2022), available at
https://www.fldoe.org/core/fileparse.php/5421/urlt/MilExpEquiv.pdf.
7
  Section 1007.01(3), F.S.
8
  Section 1007.01(3)(a) and (b), F.S.
9
  Section 1007.01(3), F.S.
STORAGE NAME:                                                                                                          PAGE: 2
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        Statewide Articulation Agreement

        The SBE and the BOG are required to enter into a statewide articulation agreement, which the SBE
        must adopt by rule. 10 The agreement must preserve Florida’s “2+2” system of articulation and facilitate
        the seamless articulation of student credit across and among Florida’s educational entities. Specifically,
        the statewide articulation agreement includes provisions that govern:
            • articulation between secondary and postsecondary education;
            • the admission of associate in arts degree graduates to the upper division of a state university;
            • articulation of career credit to academic credit programs;
            • the application of acceleration mechanisms to postsecondary credit; and
            • general education requirements.

        Florida Postsecondary Nursing Education Programs

        Florida’s postsecondary education institutions offer a variety of nursing education programs that
        prepare students for varying levels of licensure. Licensed practical nurse (LPN) clock-hour programs
        are offered at 28 career centers and 13 FCS institutions, while all 28 FCS institutions offer associate of
        science in nursing (ASN) and bachelor of science in nursing (BSN) programs. 11 Ten state universities
        offer 20 pre-licensure nursing education programs. Seventeen of the 30 Independent Colleges and
        Universities of Florida (ICUF) member institutions offer nursing education programs. 12

        Approved versus Accredited Nursing Education Programs

        Educational institutions that wish to conduct a program in the state of Florida for the prelicensure
        education of professional or practical nurses must meet specified requirements to be approved by the
        Florida Board of Nursing (BON). 13

        An “approved” nursing education program is a program for the prelicensure education of professional or
        practical nurses that is conducted in the state of Florida at an educational institution and that is
        approved and regulated by the state of Florida. 14

        An “accredited” nursing education program is a program for the prelicensure education of professional
        or practical nurses that is conducted in the United States at an educational institution, whether in
        Florida, another state, or the District of Columbia, and that is accredited by a specialized nursing
        accrediting agency that is nationally recognized by the United States Secretary of Education to accredit
        nursing education programs. 15 Accredited programs do not have to meet requirements related to
        program application, approval, or submission of annual reports to the BON. 16

        All approved and accredited programs must meet accountability requirements related to graduate
        passage rate on the National Council of State Boards of Nursing Licensing Examination.




10
   Section 1007.23(1), F.S. See also Rule 6A-10.024, F.A.C.
11
   Staff of the Florida House of Representatives, Legislative Bill Analysis for CS/HB 5201 (2022).
12
   Id.
13
   See section. 464.019, F.S. See also Florida Board of Nursing, Education and Training Programs,
https://floridasnursing.gov/education-and-training-programs/ (last visited Feb. 10, 2023).
14
   Section 464.003(4), F.S. The program must be approved according to the requirements established in s. 464.019, F.S. Id.
15
   Section 464.003(1), F.S. Eligible nursing associations are: Accreditation Commission for Education in Nursing (ACEN),
Commission on Collegiate Nursing Education (CCNE)) or National League for Nursing Commission for Nursing Education
Accreditation (NLN CNEA). Florida Board of Nursing, What is the difference between an “approved” and an “accredited”
prelicensure nursing education program in Florida? https://floridasnursing.gov/help-center/what-is-the-difference-between-an-
approved-and-an-accredited-pre-licensure-nursing-education-program-in-florida/ (last visited Feb. 10, 2023).
16
   Section 464.019(9), F.S.
STORAGE NAME:                                                                                                               PAGE: 3
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        All approved nursing programs, except those specifically excluded, 17 must seek accreditation within five
        years of enrolling the program’s first students. 18

        Florida Center for Nursing

        The Florida Center for Nursing (center) was established by the Legislature in 2001, to address the
        issues of supply and demand for nursing, including the recruitment, retention, and utilization of nurse
        workforce resources. 19 The center’s primary goals are to: 20
            • Develop a strategic statewide plan for nursing manpower in this state by:
                   o Conducting a statistically valid biennial data-driven gap analysis of the supply and
                       demand of the healthcare workforce. Demand must align with the Labor Market
                       Estimating Conference.
                   o Developing recommendations to increase nurse faculty and clinical preceptors, support
                       nurse faculty development, and promote advanced nurse education.
                   o Developing best practices in the academic preparation and continuing education needs
                       of qualified nurse educators, nurse faculty, and clinical preceptors.
                   o Collecting data on nurse faculty, employment, distribution, and retention.
                   o Piloting innovative projects to support the recruitment, development, and retention of
                       qualified nurse faculty and clinical preceptors.
                   o Encouraging and coordinating the development of academic-practice partnerships to
                       support nurse faculty employment and advancement.
                   o Developing distance learning infrastructure for nursing education and advancing faculty
                       competencies in the pedagogy of teaching and the evidence-based use of technology,
                       simulation, and distance learning techniques.
            • Enhance and promote recognition, reward, and renewal activities for nurses in the state by:
                   o Promoting nursing excellence programs such as magnet recognition by the American
                       Nurses Credentialing Center.
                   o Proposing and creating additional reward, recognition, and renewal activities for nurses.
                   o Promoting media and positive image-building efforts for nursing.

        Effect of Proposed Changes

        Postsecondary Credit for Military Training and Education Courses

        HB 517 creates the “Pathway for Military Combat Medics Act.” The bill amends s. 1004.096, F.S., to
        expand current law to apply military combat medic training and education toward postsecondary credit
        (credit) or career education clock hours (clock hours) in accrediting nursing education programs. The
        bill establishes a process similar to those established for the award of postsecondary credit for military
        training and education and for law enforcement training.

        The bill requires the Articulation Coordinating Committee (ACC) to, by July 15, 2023, convene a
        workgroup to establish a process for determining postsecondary course equivalencies and the
        minimum credit or clock hours that must be awarded in an accredited nursing education program for
        military training and education required for service as an Army Combat Medic Specialist, a Navy or
        Fleet Marine Force Hospital Corpsman, an Air Force or Space Force Aerospace Medical Service
        Technician, or a Coast Guard Health Services Technician.

        The workgroup must consist of the following 13 members:
           • The chair of the ACC, or his or her designee, serving as chair;
           • Four members representing academic affairs administrators and faculty from state universities,
              appointed by the chair of the Board of Governors (BOG);

17
   Excluded institutions are those exempt from licensure by the Commission of Independent Education under s. 1005.06(1), F.S.
Section 464.019(11)(d), F.S.
18
   Section 464.019(11)(a)-(d), F.S.
19
   Chapter 2001-277, s. 97, Laws of Fla., and s. 464.0195, F.S.
20
   Section 464.0195, F.S.
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          •     Four members representing academic affairs administrators and faculty from Florida College
                System (FCS) institutions, appointed by the chair of the State Board of Education (SBE);
          •     Two members representing faculty from career centers, appointed by the SBE; and
          •     Two members representing veterans, appointed by the executive director of the Florida
                Department of Veterans Affairs.

      The Office of K-20 Articulation must provide administrative support for the workgroup.

      The workgroup must ensure that the award of credit or clock hours does not impair an accredited
      program’s ability to comply with requirements relating to the state approval of nursing education
      programs. The workgroup must provide recommendations regarding the determination process for
      awarding credit or clock hours to the BOG and the SBE by December 1, 2023, for approval at each
      board’s next meeting that allows for adequate public notice.

      Upon the BOG and the SBE approval of the workgroup’s process recommendations, the ACC must
      facilitate a review of military training and education for the specified military occupations to determine
      postsecondary course equivalencies and the minimum credit or clock hours that must be awarded.

      Within one year after BOG and SBE approval of the ACC workgroup recommended process, the ACC
      must approve a prioritized list of postsecondary course equivalencies and the minimum credit or clock
      hours that must be awarded in an accredited program for such military training and education. The list
      must then be adopted in the statewide articulation agreement by the BOG and SBE at the next meeting
      of each board allowing for adequate public notice. The list must be updated annually.

   B. SECTION DIRECTORY:

      Section 1.       Provides the title, “Pathway for Military Combat Medics Act”.

      Section 2.       Amending s. 464.0195, F.S.; revising a primary goal of the Florida Center for Nursing to
                       provide that development of a statewide plan for nursing manpower must include the
                       encouragement and coordination of the development of partnerships with hospitals
                       which provide opportunities for nursing students to obtain clinical experience.

      Section 3.       Amending s. 1004.096, F.S.; defining the term “accredited program”; requiring that the
                       Articulation Coordinating Committee convene a workgroup to establish a process for
                       determining postsecondary course equivalencies and the minimum postsecondary credit
                       or career education clock hours that must be awarded in accredited nursing education
                       programs for military training and education required for service in specified positions;
                       providing for the composition of and the provision of administrative support to the
                       workgroup; requiring that the workgroup ensure that the award of credit for military
                       training and education does not impair a nursing education program’s ability to comply
                       with requirements relating to the approval of nursing education program; requiring the
                       workgroup to provide, by a specified date, recommendations regarding the determination
                       process to the Board of Governors and State Board of Education for approval; requiring
                       that, upon approval of the recommendations, the Articulation Coordinating Committee
                       facilitate the review of military training and education received by individuals who served
                       in specified positions and the determination of minimum postsecondary credit or career
                       education clock hours awarded for specified military training and education; requiring
                       that the Articulation Coordinating Committee, within a specified timeframe and annually
                       thereafter, approve a prioritized list of postsecondary course equivalencies and the
                       minimum postsecondary credit or career education clock hours that must be awarded for
                       such training and education; requiring the Board of Governors and State Board of
                       Education to adopt the prioritized list; requiring that the minimum postsecondary credit or
                       career education clock hours be delineated in a required statewide articulation
                       agreement; requiring state universities, Florida College System institutions, and career
                       centers to award postsecondary credit or career education clock hours in nursing
                       education programs based on the prioritized list; authorizing the award of additional
STORAGE NAME:                                                                                               PAGE: 5
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                             postsecondary credit or career education clock hours; providing that such postsecondary
                             credit or career education clock hours are transferable.

           Section 4.        Provides the act shall take effect upon becoming law.

                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A. FISCAL IMPACT ON STATE GOVERNMENT:

           1. Revenues:
                None.

           2. Expenditures:
                None.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
                None.

           2. Expenditures:
                None.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           Should the workgroup process result in identifying additional equivalencies for military training and
           experience, students may be eligible to receive postsecondary credit toward an accredited pre-
           licensure nursing program. Credits from this experience may save the student time and the cost of
           receiving a nursing degree at a state university. 21

       D. FISCAL COMMENTS:
           None.

                                                           III. COMMENTS

       A. CONSTITUTIONAL ISSUES:

           1. Applicability of Municipality/County Mandates Provision:
              None.

           2. Other:
              None.

       B. RULE-MAKING AUTHORITY:
           None.

       C. DRAFTING ISSUES OR OTHER COMMENTS:
           None.




21
     Board of Governors, 2023 Legislative Bill Analysis for SB 274 (Feb 1, 2023).
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                IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 517                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to nursing education for military
    3               combat medics; providing a short title; amending s.
    4               464.0195, F.S.; revising a primary goal of the Florida
    5               Center for Nursing to provide that development of a
    6               statewide plan for nursing manpower must include the
    7               encouragement and coordination of the development of
    8               partnerships with hospitals which provide
    9               opportunities for nursing students to obtain clinical
10                  experience; amending s. 1004.096, F.S.; defining the
11                  term "accredited program"; requiring that the
12                  Articulation Coordinating Committee convene a
13                  workgroup to establish a process for determining
14                  postsecondary course equivalencies and the minimum
15                  postsecondary credit or career education clock hours
16                  that must be awarded in accredited nursing education
17                  programs for military training and education required
18                  for service in specified positions; providing for the
19                  composition of and the provision of administrative
20                  support to the workgroup; requiring that the workgroup
21                  ensure that the award of credit for military training
22                  and education does not impair a nursing education
23                  program's ability to comply with requirements relating
24                  to the approval of nursing education programs;
25                  requiring the workgroup to provide, by a specified

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        HB 517                                                                                                2023




26               date, recommendations regarding the determination
27               process to the Board of Governors and State Board of
28               Education for approval; requiring that, upon approval
29               of the recommendations, the Articulation Coordinating
30               Committee facilitate the review of military training
31               and education received by individuals who served in
32               specified positions and the determination of minimum
33               postsecondary credit or career education clock hours
34               awarded for specified military training and education;
35               requiring that the Articulation Coordinating
36               Committee, within a specified timeframe and annually
37               thereafter, approve a prioritized list of
38               postsecondary course equivalencies and the minimum
39               postsecondary credit or career education clock hours
40               that must be awarded for such training and education;
41               requiring the Board of Governors and State Board of
42               Education to adopt the prioritized list; requiring
43               that the minimum postsecondary credit or career
44               education clock hours be delineated in a required
45               statewide articulation agreement; requiring state
46               universities, Florida College System institutions, and
47               career centers to award postsecondary credit or career
48               education clock hours in nursing education programs
49               based on the prioritized list; authorizing the award
50               of additional postsecondary credit or career education

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        HB 517                                                                                                2023




51               clock hours; providing that such postsecondary credit
52               or career education clock hours are transferable;
53               providing an effective date.
54
55      Be It Enacted by the Legislature of the State of Florida:
56
57               Section 1.           This act may be cited as the "Pathway for
58      Military Combat Medics Act."
59               Section 2.          Paragraph (a) of subsection (2) of section
60      464.0195, Florida Statutes, is amended to read:
61               464.0195           Florida Center for Nursing; goals.—
62               (2)         The primary goals for the center shall be to:
63               (a)         Develop a strategic statewide plan for nursing
64      manpower in this state by:
65               1.      Conducting a statistically valid biennial data -driven
66      gap analysis of the supply and demand of the health care
67      workforce. Demand must align with the Labor Market Estimating
68      Conference created in s. 216.136. The center shall:
69               a.      Establish and maintain a database on nursing supply and
70      demand in the state, to include current supply and demand.
71               b.      Analyze the current and future supply and demand in the
72      state and the impact of this state's participation in the Nurse
73      Licensure Compact under s. 464.0095.
74               2.      Developing recommendations to increase nurse faculty
75      and clinical preceptors, support nurse faculty development, and

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         HB 517                                                                                                2023




 76      promote advanced nurse education.
 77               3.      Developing best practices in the academic preparation
 78      and continuing education needs of qualified nurse educators,
 79      nurse faculty, and clinical preceptors.
 80               4.      Collecting data on nurse faculty, employment,
 81      distribution, and retention.
 82               5.      Piloting innovative projects to support the
 83      recruitment, development, and retention of qualified nurse
 84      faculty and clinical preceptors.
 85               6.      Encouraging and coordinating the development of
 86      academic-practice partnerships, including partnerships with
 87      hospitals which provide opportunities for nursing students to
 88      obtain clinical experience, to support nurse faculty employment
 89      and advancement.
 90               7.      Developing distance learning infrastructure for nursing
 91      education and advancing faculty competencies in the pedagogy of
 92      teaching and the evidence-based use of technology, simulation,
 93      and distance learning techniques.
 94               Section 3.          Subsection (3) is added to section 1004.096,
 95      Florida Statutes, to read:
 96               1004.096           Postsecondary credit for military training and
 97      education courses.—
 98               (3)(a)        For purposes of this subsection, the term
 99      "accredited program" has the same meaning as in s. 464.003.
100               (b)         By July 15, 2023, the Articulation Coordinating

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         HB 517                                                                                                2023




101      Committee shall convene a workgroup that is responsible for
102      establishing a process for determining postsecondary course
103      equivalencies and the minimum postsecondary credit or career
104      education clock hours that must be awarded in an accredited
105      program for military training and education required for service
106      as an Army Combat Medic Specialist, a Navy or Fleet Marine Force
107      Hospital Corpsman, an Air Force or Space Force Aerospace Medical
108      Service Technician, or a Coast Guard Health Services Technician.
109               1.      The composition of the workgroup and the provision of
110      administrative support to the workgroup must be as provided in
111      paragraphs (2)(a) and (b). The workgroup shall ensu re that the
112      award of postsecondary credit or career education clock hours
113      does not impair an accredited program's ability to comply with
114      the requirements identified in s. 464.019.
115               2.      The workgroup shall provide its recommendations
116      regarding the process for awarding postsecondary credit or
117      career education clock hours to the Board of Governors and the
118      State Board of Education by December 1, 2023, for approval at
119      the next meeting of each board to allow for adequate public
120      notice.
121               3.a.        Upon approval of the workgroup's recommendations by
122      the Board of Governors and the State Board of Education, the
123      Articulation Coordinating Committee shall facilitate the review
124      of the military training and education received by individuals
125      who served as an Army Combat Medic Specialist, a Navy or Fleet

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         HB 517                                                                                                2023




126      Marine Force Hospital Corpsman, an Air Force or Space Force
127      Aerospace Medical Service Technician, or a Coast Guard Health
128      Services Technician for postsecondary course equivalencies and
129      the minimum postsecondary credit or career education clock hours
130      that must be awarded for that training and education.
131               b.      Within 1 year after such approval, the Articulation
132      Coordinating Committee shall approve a prioritized list of
133      postsecondary course equivalencies, and the minimum
134      postsecondary credit or career education clock hours that must
135      be awarded in an accredited program for such military training
136      and education. The list must be updated annually. The Board of
137      Governors and the State Board of Education shall adopt the list
138      approved by the Articulation Coordinating Committee at their
139      next respective meetings. For the purpose of statewide
140      application, postsecondary course equivalencies and the minimum
141      postsecondary credit or career education clock hours that must
142      be awarded in an accredited program for such military training
143      and education must be delineated by the State Board of Education
144      and the Board of Governors in the statewide articulation
145      agreement required by s. 1007.23(1).
146               4.      State universities, Florida College System
147      institutions, and career centers shall award postsecondary
148      credit or career education clock hours for such military
149      training and education based on the list adopted pursuant to
150      sub-subparagraph 3.b. if the credit or career education clock

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                                                                                                              hb0517-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 517                                                                                                2023




151      hours are applicable toward the student's degree or certificate
152      and may award additional postsecondary credit or career
153      education clock hours as appropriate. Postsecondary credit or
154      career education clock hours awarded under this subsection are
155      transferable from one state university, Florida College System
156      institution, or career center to another.
157               Section 4.        This act shall take effect upon becoming a law.




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                                                                                                              hb0517-00
PCS for HB 679
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 679 Agreements of State Colleges and State Universities with Foreign Entities
SPONSOR(S): Postsecondary Education & Workforce Subcommittee; Canady
TIED BILLS:       IDEN./SIM. BILLS: SB 846

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: Postsecondary Education &                                                    Dixon               Kiner
      Workforce Subcommittee

                                               SUMMARY ANALYSIS
According to a United States Senate Committee report, American taxpayers contribute over $150 billion each
year to scientific research in the United States through entities such as the National Science Foundation, the
National Institutes of Health, and the Department of Energy. Florida and other states contribute additional
millions in state tax dollars to support scientific discovery. As a result, the United States of America has some
of the most robust and scientifically advanced research institutions in the world. These institutions, their
talented researchers, and a culture of openness and collaboration have attracted researchers and built
collaborative networks across the world. Florida’s state universities and state colleges also facilitate open and
publicly accessible research and scholarly activities. Federal and state funding agencies share concerns
regarding the protection of federal and state investments in research from undue foreign influence. Additional
concerns arise when those involved in federal or state funded research projects fail to disclose outside
activities or financial interest, which may adversely affect the integrity of the research and research institution.

Beginning July 1, 2023, the bill prohibits a state university or state college, authorized to expend state-
appropriate funds, from accepting any grant from or participating in any agreement or partnership with any
college, university, or entity that is based in or controlled by a foreign country of concern unless the state
university or state college, has received approval from the Board of Governors (BOG) or the State Board of
Education (SBE). The agreement must otherwise be legal and deemed by the BOG or SBE, as applicable, to
be valuable to students, the state university or state college, and not detrimental to the safety or security of the
United States or United States residents. Should a state university or state college enter into a partnership or
agreement with a foreign country of concern or an entity that is located in or controlled by a foreign country of
concern without approval, then the BOG or SBE will exercise its authority to sanction the state university or
state college and may withhold additional performance funding. The foreign countries of concern include:
People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, and the Syrian Arab
Republic.

The bill also prohibits a state university, state college, or any employee or representative of such entities, from
soliciting or accepting a gift – regardless of value – from a foreign country of concern, entity located in or
controlled by a foreign country of concern, or associated individuals or employees. Acceptance of such gift will
subject the state college or university to a civil penalty, enforced by the BOG or SBE. Pursuant to current law,
these and other institutions of higher education must disclose foreign gifts and contracts from non-foreign
countries of concern that are valued at $50,000 or more.

Beginning August, 1, 2024, the bill contains reporting requirements and penalties for non-compliance.

The bill does not appear to have a fiscal impact.

The bill has an effective date of July 1, 2023.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME:
DATE:
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         According to a United States Senate Committee report, American taxpayers contribute over $150 billion
         each year to scientific research in the United States through entities such as the National Science
         Foundation, the National Institutes of Health, and the Department of Energy. 1 Florida and other states
         contribute additional millions in state tax dollars to support scientific discovery. As a result, the United
         States of America has some of the most robust and scientifically advanced research institutions in the
         world. These institutions, their talented researchers, and a culture of openness and collaboration have
         attracted researchers and built collaborative networks across the world.

         Board of Governors

         The Board of Governors (BOG) of the State University System (SUS) oversees the performance of
         state university boards of trustees in the enforcement of laws, rules, and regulations. The BOG is also
         responsible for operating, regulating, controlling and being fully responsible for the management of the
         SUS. However, pursuant to Florida’s Constitution, the BOG’s management is subject to the powers of
         the Legislature to appropriate for the expenditure of funds. 2 The state university presidents are
         responsible for the accuracy of the information and data reported to the BOG. 3 In addition, like other
         state agencies, the BOG has an Office of Inspector General (IG) charged with promoting accountability,
         financial integrity and efficiency required by law. The BOG IG is also charged with detecting fraud and
         abuse within state universities.

         For state university board of trustees that are in noncompliance with any law or BOG regulation or audit
         recommendation, the BOG may initiate any of the following actions: 4
            • Withhold state funds, discretionary grant funds, discretionary lottery funds, or other funds
                appropriated to the BOG, until compliance is met.
            • Declare the state university ineligible for competitive grants disbursed by the BOG.
            • Require monthly or periodic reporting on the noncompliance situation until it is remedied.
            • Report to the Legislature that the state university is unwilling or unable to comply with the law or
                BOG’s rule or regulation and will recommend action to be taken by the Legislature.

         State Board of Education

         The State Board of Education (SBE) oversees the performance of early learning coalitions, district
         school boards, and Florida College System institution boards of trustees in enforcement of all laws and
         rules. The SBE has the authority to request and receive information, data, and reports from early
         learning coalitions, school districts, and Florida College System institutions. For Florida College System
         institutions, the president of the institution is responsible for the accuracy of the information and data
         reported to the state board. 5

         With respect to allegations of non-compliance with law or SBE rule, the Commissioner of Education
         (Commissioner) may investigate, determine probable cause, and report findings to the SBE. In addition,



1
  United States Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs,
Threats to the U.S. Research Enterprise: China’s Talent Recruitment Plans, Staff Report, United States Senate (2019), available at
https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/2019-11-18%20PSI%20Staff%20Report%20-
%20China's%20Talent%20Recruitment%20Plans%20Updated2.pdf
2
  FLA. CONST., Art. IX, s. 7(d).
3
  Section 1008.322(1) and (2), F.S.
4
  Section 1008.322(5)(a) – (d), F.S.
5
  Section 1008.32(1), F.S.
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         the Commissioner must report to the SBE any finding by the Auditor General that an institution is acting
         without statutory authority or contrary to general law. 6

         Relationships with Foreign Entities

         Florida’s state universities 7 and state colleges 8 facilitate open and publicly accessible research and
         scholarly activities, both domestically and internationally. These research endeavors can be externally
         funded by taxpayers through various entities, including granting agencies, or governments, as well as
         industry agreements, or private foundations. Federal and state funding agencies share concerns
         regarding the protection of federal and state investments in research from undue foreign influence.
         Additional concerns arise when those involved in federal or state funded research projects fail to
         disclose outside activities or financial interest, which may adversely affect the integrity of the research
         and research institution.

         Recently, it was discovered that researchers at state research institutions had undisclosed relationships
         with foreign research institutions from a foreign country of concern. 9 The undisclosed relationships
         resulted in an investigation conducted by the Florida House of Representatives in 2020. During the
         investigation, the investigating committee ascertained that Florida state research grants often lacked
         requirements deemed reasonably necessary to ensure research integrity. As a result, the Legislature
         required greater disclosure of foreign gifts, contracts, and support for public entities, scrutiny of grant
         applicants and vendors of goods and services with certain foreign connections, and thorough scrutiny
         of foreign applicants for research positions and of foreign travel and activities of employees of major
         research institutions. 10

         Present Situation

         Reporting Foreign Gifts and Contracts with Institutions of Higher Education

         Universities’ international partnerships and collaborations have contributed significantly to academic
         and scientific progress and innovation. Federal and state funding agencies have concerns regarding
         failure to disclose foreign relationships and activities, which could not only jeopardize funding eligibility,
         but may compromise the United States national security and weaken the United States’
         competitiveness. Current federal and state laws mandate specific requirements for reporting receipts of
         gifts or grants from foreign entities.

         Federal and State Requirements

         The Higher Education Act of 1965 requires institutions of postsecondary education to report on January
         31 and July 31, each year, all foreign gifts and grants received from or contracts entered into with a
         value of $250,000 or more. 11 Between 2018 and 2021, the U.S. Department of Education (USDOE)
         carefully scrutinized the reporting program. 12 USDOE discovered billions of dollars of unreported
         foreign gifts from many of the best-funded institutions. 13



6
  Section 1008.32(2), F.S.
7
  Section 288.860(1)(f), F.S. defines “state university” to mean any state university under the supervision of the Board of Governors,
including any entity under the control of or established for the benefit of a state university.
8
  Section 288.860(1)(e), F.S. defines “state college” to mean any postsecondary education institution under the supervision of the State
Board of Education, including any entity under the control of or established for the benefit of a state college.
9
  Section 288.860(1)(a), F.S. defines “foreign country of concern” to mean the People’s Republic of China, the Russian Federation,
the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás
Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of
concern.
10
   Sections 288.860, F.S. and 1010.25, F.S.
11
   See 20 U.S.C. § 1011f.
12
   Institutional Compliance with Section 117 of the Higher Education Act of 1965, USDOE Office of General Counsel (Oct. 2020),
available at https://www2.ed.gov/policy/highered/leg/institutional-compliance-section-117.pdf.
13
   Id.
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         In recognition of USDOE’s discovery, the Florida Legislature passed legislation that was later enacted
         to require institutions of higher education 14 to semiannually report, each January 31 and July 31, all
         foreign gifts 15 or contracts, 16 valued at $50,000 or more, received directly or indirectly 17 from the same
         foreign source, 18 including its subsidiaries and affiliates, alone or collectively in the fiscal year. The
         institution of higher education may consolidate its report with all of its affiliate organizations. 19

         State universities must disclose reportable foreign gifts and contracts to the BOG. 20 All other institutions
         of higher education must disclose their reportable foreign gifts and contracts to the SBE. 21

         For each gift subject to the reporting requirement, the disclosure to the BOG or SBE must include: 22
            • The amount of the gift and the date it was received.
            • The contract start and end date if the gift is a contract.
            • The name of the foreign source and, if not a foreign government, the country of citizenship, if
                known, and the country of principal residence or domicile of the foreign source.
            • A copy of a gift agreement between the foreign source and the institution of higher education,
                signed by the foreign source and the chief administrative officer of the institution of higher
                education, or their respective designees. The agreement must include a detailed description of
                the purpose for which the gift will be used by the institution of higher education, the identification
                of the persons for whom the gift is explicitly intended to benefit, and any applicable conditions,
                requirements, restrictions, or terms made a part of the gift regarding the control of curricula,
                faculty, student admissions, student fees, or contingencies placed upon the institution of higher
                education to take a specific public position or to award an honorary degree. If an agreement
                includes certain information protected from disclosure, 23 then an abstract and redacted copy
                providing all required information may be submitted in lieu of a copy of the agreement.

         The Inspector General of the BOG and the Inspector General of the FDOE, is required to randomly
         inspect or audit at least five percent of the total number of gifts disclosed by, or gift agreements
         received from, institutions of higher education during the previous year for the purpose of determining
         an institution’s compliance with the reporting requirements. 24




14
   Section 1010.25(g), F.S., defines “institution of higher learning” to mean a state university, an entity listed in subpart B of part II of
chapter 1004 that has its own governing board, a Florida College System institution, an independent nonprofit college or university
that is located in and chartered by the state and grants baccalaureate or higher degrees, any other institution that has a physical
presence in the state and is required to report foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f, or an affiliate organization of an
institution of higher education.
15
   Section 1010.25(f), F.S., defines “gifts” to mean any contract, gift, grant, endowment, award, or donation of money or property of
any kind, or any combination thereof, including a conditional or an unconditional pledge of such contract, gift, grant, endowment,
award, or donation. For purposes of s. 1010.25(f), F.S., the term “pledge” means a promise, an agreement, or an expressed intention to
give a gift.
16
   Section 1010.25(b), F.S. defines “contract” to mean any agreement for the acquisition by purchase, lease, or barter or property or
services by the foreign source, for the direct benefit or use of either of the parties, and any purchase, lease, or barter of property or
services from a foreign country of concern.
17
   For the purpose of s. 1010.25(1), F.S., the term “indirectly” a gift received from a foreign source through an intermediary shall be
considered an indirect gift to the institution of higher education.
18
   Section 1010.25(e), F.S. defines “foreign source” to mean a foreign government or an agency of a foreign government; a legal
entity, governmental or otherwise, created solely under the laws of a foreign state or states; an individual who is not a citizen or a
national of the United States or a territory or protectorate of the United States; or an agent, including a subsidiary or an affiliate of a
foreign legal entity, acting on behalf of a foreign source.
19
   Section 101.25(1)(a), F.S. defines “affiliated organization” to mean any entity under the control of or established for the benefit of
an organization required to report under this section, including a direct-support organization.
20
   Section 1010.25(2)(a), F.S. and Subpart B, Part II, ch. 1004, F.S.
21
   Section 1010.25(2)(b), F.S. and Subpart B, Part III, ch. 1004, F.S.
22
   Section 1010.25(3), information reporting is required unless otherwise deemed confidential under federal law having no exemption
applicable to reporting.
23
   Section 1004.22, F.S.
24
   Section 1010.25(3), F.S.
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        In 2022, the Office of Inspect General and Director of Compliance (OIGC) conducted the required
        compliance review of foreign gifts. The review consisted of 689 foreign gift disclosures received from
        eight SUS Institutions of Higher Education (IHE) 25 for the 2021-2022 Fiscal Year (FY). 26

        The review found that the total amount of foreign gifts reported for the 2021-2022 FY equaled
        approximately $116.6 million. The foreign gifts reported included contracts for goods, services, or
        clinical research trials; awards, pledges, or donations of money or property; and student sponsorships.
        The countries with the most reported gifts 27 were received from Germany (80 gifts), Switzerland (77
        gifts), United Kingdom (59 gifts), Japan (51 gifts) and Ireland (37 gifts).

        Twenty-one, or 3.05 percent, of the foreign gifts reported came from foreign countries of concerns.
        There were 19 reported gifts from the People’s Republic of China and two gifts reported from Russia,
        which equaled approximately $5.2 million or 4.47 percent of the total amount reported for all foreign
        gifts. The categorical information on the purpose, volume, and related values of the reported foreign
        gifts from the People’s Republic of China and Russia are shown in the table below.

                                                                                            Total           Cumulative
                                    Gift Purpose                                           Number          Monetary Value
          Goods or Services Purchased from a Private Company                                  9                    $887,900
          Agreements for Donation of Artwork                                                  1                    $700,000
          Collaborative Degree Programs with Chinese Universities                             3                  $1,922,840
          Research Agreements with Chinese Companies and Universities                         3                    $944,846
          Clinical Trial Agreements with Chinese Companies                                    5                    $699,013

        Other findings disclosed in the report included discrepancies between aggregate amount reporting and
        individualized reporting, reports failed to include proper and/or correct gift agreements, incorrectly
        executed pledge agreements, and challenges as to certain monetary reporting issues, such as those
        related to royalties, education agreements, research or clinical trials. 28

        Institutions of higher education that fail to report a reportable gift or contract within 60 days after the
        reporting deadline, are subject to penalties imposed by the SBE or the BOG. 29 Additionally, an
        institution of higher education that knowingly, willfully, or negligently fails to disclose the required
        information in its report to the BOG or FDOE, is subject to a civil penalty of 105 percent of the amount
        of the undisclosed gift or contract. The penalty must be paid from nonstate funds. The recovered funds
        must be deposited into the General Revenue Fund. The BOG or the SBE, as applicable, may
        administratively enforce the civil penalty as an administrative penalty. In lieu of the BOG or SBE, the
        Attorney General or the Chief Financial Officer may bring a civil action to enforce the penalty. If such
        action is successful, the Attorney General or the Chief Financial Officer, is entitled to reasonable
        attorney fees and costs. 30

        A whistle-blower who reports an undisclosed foreign gift or contract to the appropriate inspector general
        may also report the gift to the Attorney General or the Chief Financial Officer and retain statutory
        whistle-blower protection. 31 Such whistle-blower is entitled to a reward of 25 percent of any penalty
        recovered. The Chief Financial Officer is authorized to make expenditures from the recovery to pay the



25
   The eight institutions included Florida Agricultural and Mechanical University (FAMU), Florida Atlantic University (FAU), Florida
International University (FIU), Florida State University (FSU), Moffitt, University of Central Florida (UCF), University of Florida
(UF), and University of South Florida (USF).
26
   State University System of Florida, Board of Governors, Compliance Review: Foreign Gifts Inspections, Office of Inspector
General and Director of Compliance, Project No. 23-002, (Dec. 15, 2022).
27
   The gifts received from the top five countries accounted for approximately 44 percent of the disclosed foreign gifts.
28
   State University System of Florida, Board of Governors, supra note 26.
29
   Section 1010.25(4), F.S., see s. 1008.32, F.S defining the State Board of Education oversight enforcement authority, and s.
1008.332, F.S. defining the Board of Governors oversight enforcement authority.
30
   Section 1010.25(a) and (b), F.S.
31
   Section 112.3188, F.S.
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           reward. The whistle-blower may designate an intermediary to receive the reward to preserve whistle-
           blower confidentiality. 32

           Any information disclosed concerning gifts or contracts from foreign sources to institutions of higher
           education is not confidential or exempt from public record requirements, unless it is a trade secret
           pursuant to statute or information generated or discovered during the course of research conducted by
           state universities. 33

           Effect of the Proposed Changes

           Beginning July 1, 2023, the bill prohibits a state university or state college, authorized to expend state-
           appropriated funds, from accepting any grant from or participate in any agreement or partnership with
           any college, university, or entity that is based in or controlled by a foreign country of concern unless:
              • The state university has received approval by the Board of Governors to enter into an
                   agreement with a foreign country of concern or an entity located in or controlled by a foreign
                   country of concern and such agreement is deemed by the Board of Governors to be valuable to
                   students and the state university and is not detrimental to the safety or security of the United
                   States or its residents.
              • A state college has received approval by the State Board of Education to enter into an
                   agreement with a foreign country of concern or an entity located in or controlled by a foreign
                   country of concern and such agreement is deemed by the State Board of Education to be
                   valuable to students and the state university and is not detrimental to the safety or security of
                   the United States or its residents.

           Beginning July 1, 2023, the bill requires the Board of Governors to sanction a state university that
           enters into a partnership or agreement with a foreign country of concern or an entity that is located in or
           controlled by a foreign country of concern without approval from the board.

           The bill also provides that if a state university enters into an agreement with a foreign country of
           concern or an entity that is located in or controlled by a foreign country of concern without approval
           from the Board of Governors then the board may withhold additional performance funding for the state
           university. The funds must be deposited into the General Revenue Fund. The Board of Governors may
           administratively enforce the withholding of the performance funding.

           Beginning July 1, 2023, the bill requires the State Board of Education to sanction a state college that
           enters into a partnership or agreement with a foreign country of concern or an entity that is located in or
           controlled by a foreign country of concern without approval from the state board.

           This bill also provides that if a state college enters into an agreement with a foreign country of concern
           or an entity that is located in or controlled by a foreign country of concern without approval from the
           State Board of Education then the board may withhold additional performance funding for the state
           college. The funds must be deposited into the General Revenue Fund. The State Board of Education
           may administratively enforce the withholding of the performance funding.

           By August 1, 2024, the bill requires the Board of Governors and the Department of Education,
           respectively, to annually submit a report to the Governor, the President of the Senate, and the Speaker
           of the House of Representatives relating to agreements of state universities and state colleges,
           respectively, with foreign entities. The report must be submitted by August 1, each year and at a
           minimum, the reports must include the following information for the previous fiscal year:
               • Data reflecting any grant program, agreement, partnership, or contract between a state
                   university or state college and any college, university, or entity that is based in or controlled by a
                   foreign country and the date it is expected to terminate.
               • Data reflecting any office, campus, or physical location used or maintained by a state university
                   or state college in a foreign country.

32
     Section 1010.25(5)(c), F.S.
33
     Section 1010.25(6), F.S.
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       The bill also requires that a state university or state college, or any employee or representative of a
       state university or state college, may not solicit or accept any gift, including any physical object, loan,
       reward, promise of future employment, favor, or service, from a foreign country of concern or an entity
       that is located in or controlled by a foreign country of concern; or a person associated with or employed
       by a foreign country of concern or an entity that is located in or controlled by a foreign country of
       concern. Pursuant to current law, these and other institutions of higher education must disclose foreign
       gifts and contracts from non-foreign countries of concern that are valued at $50,000 or more.

       The bill also prohibits a state university or state college, or any employee or representative of a state
       university or state college, from soliciting or accepting any gift, including any physical object, loan,
       reward, promise of future employment, favor, or service, from:
           • A foreign country of concern or an entity that is located in or controlled by a foreign country of
               concern.
           • A person associated with or employed by a foreign country of concern or an entity that is
               located in or controlled by a foreign country of concern.

       The bill also provides for the Board of Governors and the State Board of Education to adopt these rules
       and regulations.

       The bill defines the following terms with respect to international cultural agreements involving
       international affairs:
           • Partnership means a faculty or student exchange program, a study abroad program, an
               articulation program, a recruiting program or a dual degree program.
           • Agreement means a written statement of mutual interest in academic or research collaboration.
       The bill also defines the following terms with respect to foreign gifts and contracts:
           • State College means any postsecondary education institution under the supervision of the State
               Board of Education, including any entity under the control of or established for the benefit of a
               state college.
           • State University means any state university under the supervision of the Board of Governors,
               including any entity under the control of or established for the benefit of a state university.

   B. SECTION DIRECTORY:
      Section 1:      Amends s. 288.860, F.S.; defining terms; prohibiting state universities and state colleges
                      from accepting grants or participating in agreements with a foreign country of concern
                      unless specified conditions are met; authorizing state universities to enter into
                      agreements with a foreign country of concern if such agreement is approved by the
                      Board of Governors and specified requirements are met; authorizing the board to
                      sanction and to withhold performance funding from a state university for entering into an
                      unauthorized foreign agreement; authorizing a state college to enter into an agreement
                      with a foreign country of concern if such agreement is authorized by the State Board of
                      Education and specified requirements are met; authorizing the state board to sanction
                      and to withhold performance funding from a state college for entering into an
                      unauthorized agreement with a foreign country of concern; requiring each state
                      university and state college to annually submit specified information to the Board of
                      Governors and Department of Education if certain conditions are met; requiring the
                      Board of Governors and the department to annually submit a report to the Governor and
                      the Legislature; providing requirements for the report; requiring the Board of Governors
                      and the State Board of Education to adopt regulations and rules, respectively.

      Section 2:      Amends s. 286.101, F.S.; revising and defining terms; prohibiting a state university or
                      college from soliciting or accepting a gift from a foreign country of concern; requiring the
                      Board of Governors and the State Board of Education to adopt regulations and rules,
                      respectively.

      Section 3:      Provides an effective date.

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                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

      1. Revenues:
          See fiscal comments.

      2. Expenditures:
          See fiscal comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

      1. Revenues:
          See fiscal comments.

      2. Expenditures:
          See fiscal comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       See fiscal comments.

   D. FISCAL COMMENTS:
       The bill has a fiscal impact related to state colleges and state universities being prohibited from
       accepting gifts from, and entering into partnerships or agreements with foreign countries of concern.

                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

      1. Applicability of Municipality/County Mandates Provision:
         None.

      2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
      None.

                        IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
      Not applicable.




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F   L      O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           BILL                                       ORIGINAL                                                  YEAR




    1                                         A bill to be entitled
    2              An act relating to agreements of state colleges and
    3              state universities with foreign entities; amending s.
    4              288.860, F.S.; defining terms; prohibiting state
    5              universities and state colleges from accepting grants
    6              or participating in agreements with a foreign country
    7              of concern unless specified conditions are met;
    8              authorizing state universities to enter into
    9              agreements with a foreign country of concern if such
10                 agreement is approved by the Board of Governors and
11                 specified requirements are met; authorizing the board
12                 to sanction and to withhold performance funding from a
13                 state university for entering into an unauthorized
14                 foreign agreement; authorizing a state college to
15                 enter into an agreement with a foreign country of
16                 concern if such agreement is authorized by the State
17                 Board of Education and specified requirements are met;
18                 authorizing the state board to sanction and to
19                 withhold performance funding from a state college for
20                 entering into an unauthorized agreement with a foreign
21                 country of concern; requiring each state university
22                 and state college to annually submit specified
23                 information to the Board of Governors and Department
24                 of Education if certain conditions are met; requiring
25                 the Board of Governors and the department to annually

                                                         Page 1 of 9
        PCS for HB 679
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26              submit a report to the Governor and the Legislature;
27              providing requirements for the report; requiring the
28              Board of Governors and the State Board of Education to
29              adopt regulations and rules, respectively; amending s.
30              286.101, F.S.; revising and defining terms;
31              prohibiting a state university or state college from
32              soliciting or accepting a gift from a foreign country
33              of concern; requiring the Board of Governors and the
34              State Board of Education to adopt regulations and
35              rules, respectively; providing an effective date.
36
37      Be It Enacted by the Legislature of the State of Florida:
38              Section 1.         Section 288.860, Florida Statutes, is amended
39      to read:
40              288.860       International cultural agreements.—
41              (1)     As used in this section, the term:
42              (a)     "Foreign country of concern" means the People's
43      Republic of China, the Russian Federation, the Islamic Republic
44      of Iran, the Democratic People's Republic of Korea, the Republic
45      of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
46      Arab Republic, including any agency of or any other entity under
47      significant control of such foreign country of concern.
48              (b)     "Partnership" means a faculty or student exchange
49      program, a study abroad program, an articulation program, a
50      recruiting program, or a dual degree program.

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51              (c)     "Political subdivision" has the same meaning as in s.
52      1.01(8) and includes any entity under the control of or
53      established for the benefit of the political subdivision.
54              (d)(c)       "Public school" means any education institution
55      under the supervision of a school district and any entity under
56      the control of or established for the benefit of a public school
57      or school district.
58              (e)(d)       "State agency" means any agency or unit of state
59      government created or established by law and any entity under
60      the control of or established for the benefit of a state agency.
61              (f)(e)       "State college" means any postsecondary education
62      institution under the supervision of the State Board of
63      Education, including any entity under the control of or
64      established for the benefit of a state college.
65              (g)(f)       "State university" means any state university under
66      the supervision of the Board of Governors, including any entity
67      under the control of or established for the benefit of a state
68      university.
69              (2)     A state agency, political subdivision, or public
70      school, state college, or state university authorized to expend
71      state-appropriated funds or levy ad valorem taxes may not
72      participate in any agreement with or accept any grant from a
73      foreign country of concern, or any entity controlled by a
74      foreign country of concern, which:
75              (a)     Constrains the freedom of contract of such public

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76       entity;
77               (b)     Allows the curriculum or values of a program in the
78       state to be directed or controlled by the foreign country of
79       concern; or
80               (c)     Promotes an agenda detrimental to the safety or
 81      security of the United States or its residents. Before Prior to
 82      the execution of any cultural exchange agreement with a foreign
 83      country of concern, the substance of the agreement must shall be
 84      shared with federal agencies concerned with protecting national
 85      security or enforcing trade sanctions, embargoes, or other
 86      restrictions under federal law. If such federal agency provides
 87      information suggesting that such agreement promotes an agenda
 88      detrimental to the safety or security of the United States or
 89      its residents, the public entity may not enter into the
 90      agreement.
 91              (3)(a)       For the purposes of this subsection only, the term
 92      "agreement" means a written statement of mutual interest in
 93      academic or research collaboration.
 94              (b)     Beginning July 1, 2023, a state university or state
 95      college authorized to expend state-appropriated funds may not
 96      accept any grant from or participate in any agreement or
 97      partnership with any college, university, or entity that is
 98      based in or controlled by a foreign country of concern, except
 99      as specified in paragraphs (c) and (d).
100              (c)     A state university may, upon approval by the Board of

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101      Governors, enter into an agreement with a foreign country of
102      concern or an entity located in or controlled by a foreign
103      country of concern if such agreement is deemed by the board to
104      be valuable to students and the state university and is not
105      detrimental to the safety or security of the United States or
106      its residents. An agreement approved under this subsection must
107      meet the other relevant requirements of s. 288.860.
108              1.      Beginning July 1, 2023, the board shall exercise the
109      authority provided pursuant to s. 1008.322 to sanction a state
110      university pursuant to subparagraph 2. which enters into a
111      partnership or agreement with a foreign country of concern or an
112      entity that is located in or controlled by a foreign country of
113      concern without approval from the board.
114              2.      The board may withhold additional performance funding
115      for a state university that enters into an agreement with a
116      foreign country of concern or an entity that is located in or
117      controlled by a foreign country of concern without approval from
118      the board. The funds must be deposited into the General Revenue
119      Fund. The board may administratively enforce this section.
120              (d)      A state college may, upon approval by the State Board
121      of Education, enter into an agreement with a foreign country of
122      concern or an entity located in or controlled by a foreign
123      country of concern if such agreement is deemed by the state
124      board to be valuable to students and the state college and is
125      not detrimental to the safety or security of the United States

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126      or its residents. An agreement approved under this subsection
127      must meet the requirements of s. 288.860.
128              1.      Beginning July 1, 2023, the state board shall exercise
129      the authority provided pursuant to s. 1008.32 to sanction a
130      state college pursuant to subparagraph 2. which enters into a
131      partnership or agreement with a foreign country of concern or an
132      entity that is located in or controlled by a foreign country of
133      concern without approval from the state board.
134              2.      The state board may withhold additional performance
135      funding for a state college that enters into an agreement with a
136      foreign country of concern or an entity that is located in or
137      controlled by a foreign country of concern without approval from
138      the state board. The funds must be deposited into the General
139      Revenue Fund. The state board may administratively enforce this
140      section.
141              (e)     Each state university and state college shall submit
142      the information required in paragraph (f) to the Board of
143      Governors and the Department of Education, respectively, by July
144      1 of each year.
145              (f)     By August 1, 2024, and each August 1 thereafter, the
146      Board of Governors and the Department of Education,
147      respectively, shall submit a report to the Governor, the
148      President of the Senate, and the Speaker of the House of
149      Representatives relating to agreements of state universities and
150      state colleges, respectively, with foreign entities. At a

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151      minimum, the report must include the following information for
152      the previous fiscal year:
153              1.      Data reflecting any grant program, agreement,
154      partnership, or contract between a state university or state
155      college and any university, college, or entity that is based in
156      or controlled by a foreign country.
157              2.      Data reflecting any office, campus, or physical
158      location used or maintained by a state university or state
159      college in a foreign country.
160              3.      The date on which any such grant program, agreement,
161      partnership, or contract reported pursuant to subparagraph 1. is
162      expected to terminate.
163              (g)      The Board of Governors and the State Board of
164      Education shall adopt regulations and rules, respectively, to
165      administer this subsection.
166              (4)(3)       A state agency, political subdivision, public
167      school, state college, or state university may not accept
168      anything of value conditioned upon participation in a program or
169      other endeavor to promote the language or culture of a foreign
170      country of concern.
171              (5)(4)       For the 2022-2023 fiscal year, notwithstanding
172      subsection (2), a state agency, political subdivision, public
173      school, state college, or state university may not enter into
174      any agreement with or accept any grant from the Russian
175      Federation. This subsection expires July 1, 2023.

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176              Section 2.         Paragraph (h) of subsection (1) of section
177      286.101, Florida Statutes, is amended, paragraphs (i) and (j)
178      are added to that subsection, and subsection (10) is added to
179      that section, to read:
180              286.101       Foreign gifts and contracts.—
181              (1)     As used in this section, the term:
182              (h)     "State agency" means any agency or unit of state
183      government created or established by law. For the purposes of
184      this section only, the term does not include a state university
185      or a state college.
186              (i)     "State college" means any postsecondary education
187      institution under the supervision of the State Board of
188      Education, including any entity under the control of or
189      established for the benefit of a state college.
190              (j)     "State university" means any state university under
191      the supervision of the Board of Governors, including any entity
192      under the control of or established for the benefit of a state
193      university.
194              (10)(a)       A state university or state college, or any
195      employee or representative of a state university or state
196      college, may not solicit or accept any gift, including any
197      physical object, loan, reward, promise of future employment,
198      favor, or service, from:
199              1.      A foreign country of concern or an entity that is
200      located in or controlled by a foreign country of concern; or

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201              2.      A person associated with or employed by a foreign
202      country of concern or an entity that is located in or controlled
203      by a foreign country of concern.
204              (b)     The Board of Governors and the State Board of
205      Education shall adopt regulations and rules, respectively, to
206      administer this subsection.
207              Section 3.         This act shall take effect July 1, 2023.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 679   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                     (Y/N)
       ADOPTED AS AMENDED          (Y/N)
       ADOPTED W/O OBJECTION       (Y/N)
       FAILED TO ADOPT             (Y/N)
       WITHDRAWN                   (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:    Postsecondary Education &
 2     Workforce Subcommittee
 3     Representative Canady offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove line 101 and insert:
 7     Governors, enter into a partnership or agreement with a foreign
 8     country of
 9          Remove line 103 and insert:
10     country of concern if such partnership or agreement is deemed by
11     the board to
12          Remove line 106 and insert:
13     its residents. A partnership or agreement approved under this
14     subsection must
15          Remove line 115 and insert:


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 679   (2023)
       Amendment No. 1


16     for a state university that enters into a partnership or
17     agreement with a
18          Remove line 121 and insert:
19     of Education, enter into a partnership or agreement with a
20     foreign country of
21          Remove line 123 and insert:
22     country of concern if such partnership or agreement is deemed by
23     the state
24          Remove line 126 and insert:
25     or its residents. A partnership or agreement approved under this
26     subsection
27          Remove line 135 and insert:
28     funding for a state college that enters into a partnership or
29     agreement with a
30          Remove line 149 and insert:
31     Representatives relating to partnerships and agreements of state
32     universities and
33
34           -----------------------------------------------------
35                          T I T L E   A M E N D M E N T
36          Remove lines 6-20 and insert:
37          or participating in partnerships or agreements with a
38          foreign country of concern unless specified conditions
39          are met; authorizing state universities to enter into
40          partnerships or agreements with a foreign country of
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                          Bill No. PCS for HB 679    (2023)
       Amendment No. 1


41          concern if such partnerships or agreements are
42          approved by the Board of Governors and specified
43          requirements are met; authorizing the board to
44          sanction and to withhold performance funding from a
45          state university for entering into an unauthorized
46          partnership or agreement; authorizing state colleges
47          to enter into partnerships or agreements with a
48          foreign country of concern if such partnerships or
49          agreements are authorized by the State Board of
50          Education and specified requirements are met;
51          authorizing the state board to sanction and to
52          withhold performance funding from a state college for
53          entering into an unauthorized partnership or agreement
54          with a foreign
55




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HB 931
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 931 Postsecondary Educational Institutions
SPONSOR(S): Roach
TIED BILLS: None. IDEN./SIM. BILLS: SB 958

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Postsecondary Education & Workforce                                                    Wolff               Kiner
       Subcommittee

    2) Higher Education Appropriations Subcommittee

    3) Education & Employment Committee

                                              SUMMARY ANALYSIS
Intellectual freedom and viewpoint diversity are essential to the education of Florida’s college and university
students. Research shows that without support for the principles of intellectual freedom and viewpoint diversity
students at colleges and universities may self-censor or feel unable to express their opinions to faculty or their
classmates. Continuing Florida’s efforts to cultivate public postsecondary educational institution campuses with
a wide range of perspectives on diverse issues critical to the public discourse, the bill directs the Board of
Governors to create the Office of Public Policy Events (OPPE) within the State University System (SUS). The
bill requires that the OPPE organize, publicize, and stage debates, group forums and lectures at each SUS
institution that address a range of public policy issues.

The U.S. Supreme Court has consistently struck down mandatory political loyalty oaths, particularly in the
education setting. To ensure that faculty, staff, and students at Florida’s public postsecondary educational
institutions are hired or admitted based on merit rather than ideological perspective, the bill prohibits the use of
political loyalty tests in the institution’s hiring, admissions, or promotion processes. Public postsecondary
educational institutions are prohibited from requiring or soliciting a person to identify a commitment to or
support a partisan, political, or ideological set of beliefs or other specified ideologies or movements.

The bill updates the reporting deadline for the required Intellectual Freedom and Viewpoint Diversity survey
results from September 1 to December 31, annually, beginning December 31, 2024.

The bill has an indeterminant fiscal impact. See Fiscal Comments, infra.

The bill has an effective date of July 1, 2023.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME:
DATE:
                                                      FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Intellectual Freedom and Viewpoint Diversity Assessments

        Present Situation

        Intellectual Freedom and Viewpoint Diversity in Higher Education

        In January 2015, the Committee on Freedom of Expression at the University of Chicago produced a
        free speech policy statement (referred to as the “Chicago Statement”) that affirmed the centrality of
        unfettered debate to the university’s mission. 1 The statement provided in part:

        [I]t is not the proper role of the University to attempt to shield individuals from ideas and opinions they
        find unwelcome, disagreeable, or even deeply offensive. Although the University greatly values civility,
        and although all members of the University community share in the responsibility for maintaining a
        climate of mutual respect, concerns about civility and mutual respect can never be used as a
        justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to
        some members of our community.

        The Chicago Statement continues a tradition of institutions and organizations affirming the importance
        of the free expression and sharing of ideas on college and university campuses. 2

        The 2017 National Survey of Student Engagement revealed that most students surveyed (64 percent)
        felt that postsecondary coursework generally respected the expression of diverse ideas, and that the
        postsecondary institution generally demonstrated a commitment to diversity (71 percent). 3 This was
        reflected when specific forms of diversity were considered, such as gender, religious affiliation, or
        disability status. When political affiliation was considered, only half of students surveyed felt their
        postsecondary institution was generally supportive of different political ideas. 4

        The Campus Free Expression Act became Florida law in 2018. 5 Under the law, outdoor areas of
        campus are considered traditional public forums for individuals, organizations, and guest speakers. A
        public institution of higher education may create and enforce restrictions that are reasonable and
        content-neutral on time, place, and manner of expression and that are narrowly tailored to a significant
        institutional interest. Restrictions must be clear and published and must provide for ample alternative
        means of expression. 6 A public institution of higher education may not otherwise designate any area of
        campus as a free-speech zone or create policies restricting expressive activities to a particular outdoor
        area of campus. 7 A person whose expressive rights are violated may bring an action against a public
        institution of higher education in a court of competent jurisdiction to obtain declaratory and injunctive
        relief, reasonable court costs, and attorney fees. 8



1
  University of Chicago, Report of the Committee on Free Expression (2015), available at
https://provost.uchicago.edu/sites/default/files/documents/reports/FOECommitteeReport.pdf.
2
  See American Council on Education, Statement on Academic Rights and Responsibilities (June 23, 2005), available at
https://www.acenet.edu/Documents/Statement-on-Academic-Rights-and-Responsibilities-2005.pdf; American Association of
University Professors, 1940 Statement of Principles on Academic Freedom and Tenure (1940), available at
https://www.aaup.org/file/1940%20Statement.pdf.
3
  National Survey of Student Engagement, 2017 Topical Module: Inclusiveness and Engagement with Cultural Diversity, available at
https://scholarworks.iu.edu/dspace/bitstream/handle/2022/23392/NSSE_2017_Annual_Results.pdf?sequence=1&isAllowed=y.
4
  Id.
5
  Section 6, ch. 2018-4, L.O.F.
6
  Section 1004.097(3)(c), F.S.
7
  Section 1004.097(3)(d), F.S.
8
  Section 1004.097(4), F.S.
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         In April of 2019, the chancellor of the State University System, all twelve state university presidents,
         and the chair of the Florida College System (FCS) Council of Presidents signed resolutions affirming
         their commitment to providing for free expression on campus. 9 FCS institutions and state universities
         further acknowledge their responsibility to foster and protect faculty rights to intellectual freedom in their
         collective bargaining agreements with faculty unions. 10

         In 2023, according to the Foundation for Individual Rights in Education (FIRE), only four out of the
         eleven state universities in Florida that FIRE evaluated had policies that did not inhibit free
         expression. 11 A national survey revealed, in part, that:
             • 22 percent of students would have felt very uncomfortable publicly disagreeing with a professor
                about a controversial topic;
             • 29 percent of students felt that the college administration did not make it clear that free speech
                was protected on campus;
             • 60 percent of students had felt they could not express their opinion on a subject because of how
                students, a professor, or the administration would respond; and
             • 60 percent of students could recall at least one time during their college experience when they
                did not share their perspective for fear of how others would respond. Students who identified as
                conservative were more likely to report a prior self-censorship incident (72 percent for
                conservative students, 55 percent for liberal students). 12

         In 2021, the Legislature passed legislation requiring an individual freedom and viewpoint diversity
         survey to be administered by all FCS and State University System (SUS) institutions. The State Board
         of Education (SBE) and the Board of Governors (BOG) were required to select or create an objective,
         nonpartisan, and statistically valid survey to assess intellectual freedom and viewpoint diversity at
         Florida’s state universities and FCS institutions. The surveys were required to be designed to capture
         the extent to which competing ideas and perspectives are presented on campus as well as the extent
         to which those surveyed feel free to express their beliefs and viewpoints on campus and in the
         classroom. All FCS institutions and state universities must conduct the survey annually and the SBE
         and the BOG must compile and annually publish the survey results beginning September 1, 2022. 13
         Both the SBE 14 and the BOG 15 timely published the first required reports in the fall of 2022.

         Effect of Proposed Changes

         The bill updates the annual reporting requirements for the SBE and the BOG so that the survey results
         must be reported by December 31 each year, beginning December 31, 2024.

         To continue Florida’s work in fostering a wide array of perspectives are presented at state universities,
         the bill requires the BOG create an Office of Public Policy Events (OPPE) with satellite offices at each

9
  Foundation for Individual Rights in Education, Spotlight of Speech Codes 2023, https://www.thefire.org/research-learn/spotlight-
speech-codes-2023 (last visited Mar. 2, 2023) [hereinafter Spotlight on Speech]; Executive Office of the Governor, Governor Ron
DeSantis Calls on State Colleges and Universities to Adopt Free Speech Resolution (Apr. 15, 2019),
https://www.flgov.com/2019/04/15/governor-ron-desantis-calls-on-state-colleges-and-universities-to-adopt-free-speech-resolution/.
10
   See, e.g., Tallahassee Community College and United Faculty of Florida 2020-2021 (Oct. 15, 2020), available at
https://blogs.tcc.fl.edu/labor-negotiations/wp-content/uploads/sites/13/2020/10/TCC-UFF_2020-21_FINAL.pdf; Collective
Bargaining Agreement: The Florida State University Board of Governors and the United Faculty of Florida General Faculty
Bargaining Unit 2019-2022 (Oct. 30, 2020), available at
https://hr.fsu.edu/sites/g/files/upcbnu2186/files/PDF/Publications/UFF_CBA_Updated_2021.pdf.
11
   Spotlight on Speech, supra note 9. The four Florida universities with policies that were not found to inhibit free speech include the
University of Florida, Florida State University, the University of South Florida, and the University of North Florida. Florida has
twelve public universities but FIRE has never rated Florida Polytechnic University.
12
   College Pulse, et al., College Free Speech Rankings: What’s the Climate for Free Speech on
America’s College Campuses? (2020), at 2 and 53-59, https://reports.collegepulse.com/college-free-speech-rankings, (enter name and
e-mail in designated fields to download report) (last visited Mar. 2, 2023).
13
   Section 1001.706(13), F.S.
14
   Florida Department of Education, Division of Florida Colleges, Intellectual Freedom and Viewpoint Diversity 2022 Florida College
System Institutions, available at https://www.fldoe.org/core/fileparse.php/7724/urlt/FCS-IFVD.pdf.
15
   Florida Board of Governors, Intellectual Freedom and Viewpoint Diversity 2022 Survey, available at https://www.flbog.edu/wp-
content/uploads/2022/08/SUS_IF-SURVEY_REPORT_DRAFT__2022-08-16.pdf.
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         state university. The purpose of the OPPE is to facilitate the advancement of knowledge through events
         featuring open discussion and debate of contested public policy issues from diverse perspectives.

         The bill defines “debate” as an event at which two or more participants speak in favor of opposing
         approaches to the same public policy dispute, after which each participant is allotted time to address
         and rebut the position presented by the opposing speakers and “group forum” as an event at which two
         or more speakers address a public policy dispute from divergent or opposing perspectives, after which
         each participant is allotted time to address questions from the audience and to comment on the other
         speakers' positions.

         The OPPE must organize, publicize, and stage a substantial number of debates, group forums, and
         individual lectures at each state university that address, from multiple, divergent, and opposing
         perspectives, an extensive range of public policy issues widely discussed and debated in society at
         large. Such events must represent a wide range of views on opposing sides of public policy issues from
         within and outside the campus community. As needed to ensure a broad set of perspectives on any
         given topic, the OPPE is authorized to provide per diem and travel expenses to speakers from outside
         the state university community.

         Additionally, the OPPE must maintain a permanent, publicly accessible, searchable, and up-to-date
         calendar in print, on the office's website, and on each state university's website listing all of the events
         sponsored by the office and all other debates, group forums, and individual lectures open to the entire
         campus community at the state university that address public policy issues. Beginning September 1,
         2024, and annually thereafter, the OPPE is responsible for providing a copy of the prior year’s calendar
         to the Governor, the Legislature, and each SUS institution. The calendar must contain the following:
             • the title of the event or lecture;
             • the name and institutional affiliation of the speaker or speakers; and
             • the office, institute, department, program, or organization that sponsored the event.

         Finally, the OPPE must make publicly available, in an online format, a complete video record of every
         debate, group forum, and individual lecture organized by the office. Such recordings must be made
         available within 10 days after the event and remain accessible on the OPPE’s website for five years.
         Additionally, the recording must be maintained within the library of the state university where the event
         was held.

         The bill authorizes the responsibilities of OPPE satellite offices to be assigned to an existing
         administrative office within a state university but requires that the state university appoint a director of
         public policy events responsible for fulfilling the statutory duties of the OPPE. The OPPE satellite
         offices must report directly to the university’s office that is responsible for compiling and reporting the
         Integrated Postsecondary Education Data System's graduation rate survey or Office of General
         Counsel.

         Events hosted by the OPPE must be open to all members of the campus community and to the general
         public, unless restricting attendance to such event is necessary to achieve a compelling governmental
         interest.

         Political Loyalty Tests in Hiring and Admissions

         Present Situation

         Background

         Diversity, Equity, and Inclusion (DEI) initiatives are intended to provide equal access as well as a more
         welcoming and inclusive environment for underrepresented minorities within the institution. 16 The
         impetus behind DEI initiatives is the belief that having a more diverse representation coupled with

16
  See Florida International University, Diversity Equity and Inclusion Institutional Goals, https://dei.fiu.edu/our-
foundations/institutional-goals/index.html (last visited Dec. 16, 2022).
STORAGE NAME:                                                                                                          PAGE: 4
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         creating space where everyone feels a sense of belonging and can bring their authentic selves to work,
         is better for the business. 17

         However, research indicates that DEI initiatives may have negative impacts that directly undermine the
         reported goals of the programs. 18 The presence of DEI initiatives can lead to lower evaluations and
         perceptions of members of the organization based on the implication that individuals are not present
         due to merit but simply to satisfy the DEI initiative’s goals. 19 This impact is not only external, the
         individuals themselves can be led to underestimate their own competence and ability due to the
         presence of a DEI initiative. 20 The mere presence of a DEI initiative within an organization can
         undermine the very purpose the DEI initiative allegedly serves.

         DEI in Florida Public Postsecondary Educational Institutions

         In an effort to document operational costs of state institutions, the Governor’s Office of Policy and
         Budget (OPB) requested, on December 28, 2022, that each state college and state university provide
         comprehensive data on all staff, programs, and campus activities related to DEI and Critical Race
         Theory. 21 As part of this request, each institution was required to detail the following administrative
         expenses associated with each program or activity: 22 brief description of the program or activity;
         positions, including full and partial full-time equivalent (FTE); total funding expended to support the
         initiative; and, of the total funding expended to support the initiative, the state-funded portion.

         Data responsive to the OPB’s request provided an accounting of expenditures utilized for DEI for 12
         universities in Florida. 23 A summation of expenditures is below. 24

                                            Total DEI              Total State             Percentage of
                 University                                                                                             Total FTE
                                            Funding                  Funding               State Funding
          University of Florida         $5,333,913               $3,381,330              63%                         43.278
          Florida State                 $2,454,591               $2,248,382              92%                         74
          University
          Florida A&M                   $4,436,667               $4,163,497              94%                         31.53
          University
          University of South           $8,663,476               $2,539,260              29%                         31.87
          Florida
          Florida Atlantic              $904,026                 $642,776                71%                         8.427
          University 25
          University of West            $909,704.43              $806,397.63             89%                         11.4054
          Florida
          University of Central         $4,473,498               $2,294,311              51%                         25.80
          Florida
          Florida International         $3,126,827.34            $2,256,732.10           72%                         21.1686
          University
          University of North           $3,518,349               $1,788,856              51%                         25
          Florida

17
   Id.
18
   Fortune, Michelle Frank, The problem with diversity and inclusion initiatives, May 18, 2022,
https://fortune.com/2022/05/18/problem-diversity-inclusion-initiatives-dei-women-careers-work-leadership-stereotypes-michele-
frank/ (last visited Mar. 2, 2023).
19
   Id.
20
   Id.
21
   Executive Office of the Governor, Memorandum # 23-021, Higher Education Program and Activity Survey, December 28, 2022.
22
   Id.
23
   Florida Board of Governors, Combined SUS DEI Response, available at
https://drive.google.com/file/d/1vQbcRDZmWzewqD_vuFx97zjTIscoG1O8/view.
24
   Id.
25
   FAU indicated on the data file that .5 FTE positions were eliminated in Fall 2022. The total DEI funded for this unit was
$141,161.47, through state funding. As the data was included on the report, I also included this in the chart. See FAU tab in Excel file.
Id. at 19.
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          Florida Golf Coast             $382,021                 $317,662                 83%                         4.617
          University
          Florida Polytechnic            $8,363                   $8,363                   100%                        .11
          University
          New College of                 $290,451                 $288,337                 99%                         2.05
          Florida
          Total                          $34,501,887              $20,735,904              60%                         279.256


         The data reported to the Legislature reflected expenditures on DEI positions, programs, and courses. 26
         The University of Florida reported expending $1,085,485, including $784,531 of state funds, for 4 FTE
         positions: Chief Diversity Officer and Senior Advisor to the President; Assistant Director for Diversity
         Analytics; a project manager, and an executive assistant. 27 The University of South Florida houses a
         similar office, the Diversity and Inclusion Office, with an allocated 8 FTE and total funding of
         $1,156,158, of which, $1,134,466 is state-funded. 28

         Florida State University (FSU) embeds DEI and CRT within several courses. One course offered to
         satisfy the General Education requirement in Social Science is titled Social (In)Equalities: Social
         Construction of Difference and Inequalities. The course is described as “exploring the structures and
         institutions of social inequality along the intersectional axes of class, race, gender, and sexuality by
         focusing on how these categories are socially constructed, maintained, and experienced.” 29 A course
         titled Philosophy of Race, Class, and Gender is described as “a study of selected contemporary
         philosophical, literary, and journalistic discussions of questions regarding race, class, and gender with a
         particular emphasis of these discussions in the United States.” 30

         In another example, Florida Atlantic University (FAU) explores DEI and CRT within several offered
         courses. A course titled Racism and Anti-Racism is described as “exploring the concepts of race,
         racism, and anti-racism from a variety of disciplines and perspectives.” 31 Another course, titled Gender
         and Climate Change, is described as “exploring how gender inequality across the globe is related to
         environmental damage and climate change and examines feminist, indigenous, and LGBTQ climate
         justice movements alongside the gendered implications of global policy and practices related to the
         environment.” This course is offered as one of FAU’s General Education courses. 32

         The Florida House of Representatives submitted a follow-up request on January 12, 2023, extending
         the scope of the OPB’s inquiry to include questions about the use of political considerations in
         curriculum development, faculty hiring and promotion, and other inappropriate activities.

         The presidents of the Florida College System (FCS) issued a statement on DEI and Critical Race
         Theory on January 18, 2023. 33 The statement affirmed that the FCS presidents, through the FCS
         Council of Presidents, will ensure that no initiatives, instruction, or activities promote any ideology that
         suppresses intellectual and academic freedom, freedom of expression, viewpoint diversity, or the




26
   Florida Board of Governors, Combined SUS DEI Response, available at
https://drive.google.com/file/d/1vQbcRDZmWzewqD_vuFx97zjTIscoG1O8/view.
27
   Id. at 1. The positions are “to develop inclusive excellence strategy for the university and coordinates inclusive excellence initiatives
across the colleges and business units.” Id.
28
   Id. at 16.
29
   Id. at 9.
30
   Id. at 11.
31
   Id. at 18.
32
   Id.
33
   Florida Department of Education, FLORIDA COLLEGE SYSTEM PRESIDENTS REJECT ‘WOKE’ DIVERSITY, EQUITY AND
INCLUSION (DEI), CRITICAL RACE THEORY IDEOLOGIES AND EMBRACE ACADEMIC FREEDOM, January 18, 2023,
https://www.fldoe.org/newsroom/latest-news/florida-college-system-presidents-reject-woke-diversity-equity-and-inclusion-dei-
critical-race-theory-ideologies-and-embrace-academic-freedom-.stml (last visited Mar. 1, 2023).
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         pursuit of truth in teaching and learning. 34 Specifically, by February 1, 2023, the presidents of FCS
         institutions agreed to evaluate and eliminate all anti-discrimination instruction, training, and policies. 35

         DEI in Medical School Admissions, Curriculum, and Hiring

         Many of the nation’s top medical schools have begun to include DEI questions in their secondary
         applications. 36 A secondary application provides the medical school applicant the opportunity, through
         essays or short narrative answers, to explain their interest in a program and how their life experiences
         align with the school’s mission and values. 37 Based on a review of medical school application essays,
         72 percent of the top 50 medical schools and 80 percent of the top 10 medical schools include at least
         one DEI question in their secondary applications. 38 The Florida Atlantic University E. Schmidt College
         of Medicine, for applicants in 2021-2022, posed the following prompt: 39

                  As a community FAU Schmidt COM has made a commitment to be anti-racist and
                  address systemic racism in education and healthcare. Institutionalized racism can
                  be defined as “macro level systems, social forces, institutions, ideologies, and
                  processes that interact with one another to generate and reinforce inequities
                  among racial and ethnic groups.” As a future medical student at FAU, how can you
                  play an active role in addressing and dismantling systemic racism?

         According to a review of the University of Florida College of Medicine (UFCOM) policies and
         procedures as well as publications reflects a concerted effort to incorporate the principles of DEI into
         every aspect of the medical school process. 40 As recently as October 2022, the homepage for the
         UFCOM included statements about the “existence and persistence of systemic oppression and racism
         that endanger the lives of people of color” and links to “anti-racism” resources to permit potential
         UFCOM applicants to self-educate on these issues and become part of the solution. 41

         Additionally, UFCOM explicitly states its intention to enhance “recruitment and retention of
         underrepresented groups to its student body, residency training programs, faculty and staff positions.” 42
         UFCOM even has its accepted students weekend at the end of UFCOM’s “diversity week.” 43 UFCOM
         includes “anti-racist” principles into its student code of ethics, requiring all student to adopt these
         principles as a requirement of attending the institution. 44

         UFCOM incorporates its DEI strategies into the hiring and retention of faculty. 45 The UFCOM diversity
         statement provides that the college is “committed to diversity, inclusion and health equity through the
         efforts of actively finding, developing and including the best talent to support our vision of being ‘a
         premier institution focused on promoting health and alleviating human suffering through exceptional
         education, discovery, innovation and patient-centered health care of the highest quality.’’ 46 The

34
   Id.
35
   Id.
36
   Do No Harm, Only DEI Advocates Need Apply: 72 Percent of Top-Ranked Medical Schools Inject Identity Politics in Key
Admissions Process Step, p. 4, available at https://donoharmmedicine.org/research/2022/only-dei-advocates-need-apply/ (last visited
Mar. 2, 2023) [hereinafter Only DEI Advocates Need Apply].
37
   Only DEI Advocates Need Apply at 3.
38
   Only DEI Advocates Need Apply at 4.
39
   Only DEI Advocates Need Apply at 6.
40
   Do No Harm, Dedicated to DEI: The University of Florida College of Medicine is infusing equity and “anti-racism” into its Doctor
of Medicine program, Nov. 2022, available at https://donoharmmedicine.org/research/2022/dedicated-to-dei-the-university-of-florida-
college-of-medicine/ (last visited Mar. 2, 2023) [hereinafter Dedicated to DEI].
41
   Dedicated to DEI at 5.
42
   Dedicated to DEI at 7.
43
   University of Florida, College of Medicine, UF College of Medicine Statement on Diversity, available at
https://osa.med.ufl.edu/files/2014/10/Statement-on-Diversity.pdf.
44
   Dedicated to DEI at 9; University of Florida, College of Medicine, Office of Student affairs, Code of Ethics,
https://osa.med.ufl.edu/policies-procedures/code-of-ethics/ (last visited Mar. 2, 2023).
45
   Dedicated to DEI at 13.
46
   University of Florida College of Medicine, Diversity Statement, p. 3, available at https://med.ufl.edu/wordpress/files/2022/10/3-03-
Diversity-Statement.pdf.
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         diversity statement also concludes that reducing marginalization must be a “key outcome” of faculty
         development. 47

         The University of Florida, as an institution, invested more than five million dollars in DEI and racial
         justice programs 48 and included “diversity and equity accomplishments” as elements in the annual
         evaluations of top administrators. 49

         Compelled Speech

         The U.S. Supreme Court (Court) has repeatedly held that the right to free speech protected by the first
         amendment to the constitution protects an individual from being compelled to speak. “If there is any
         fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall
         be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by
         word or act their faith therein.” 50 Stated even more plainly, the Supreme Court has held that free
         speech principles prohibit the government from telling people what they must say. 51 Additionally, an
         individual is also protected from being compelled to host or accommodate the speech of another. 52

         The Court has consistently struck down mandatory political loyalty oaths, particularly in the education
         setting. 53 The Court established a four-part test for reviewing the constitutionality of such oaths,
         requiring that:
             • The oath may not infringe on First or Fourteenth Amendment rights;
             • Employment may not be conditioned on an oath that one has not engaged in, or will not engage
                  in, protected speech activities;
             • Employment may not be conditioned on an oath denying past or avoiding future associational
                  activities protected by the Constitution; and
             • The oath may not be so vague that a person of ordinary intelligence must guess at its
                  meaning. 54

         Equity and Access in Florida’s Universities

         BOG Regulation 2.003 governs state university system institution policies and procedure regarding
         equity and access for both students and employees. 55 The regulation prohibits discrimination on the
         basis of race, color, national origin, sex, religion, age, disability, marital status, veteran status, or any
         basis protected by applicable law. 56 Covered individuals include prospective and enrolled students,
         prospective and current employees, and university program invitees. 57 However, this does not prohibit
         an institution from using legal methods to achieve a broadly diverse student body, faculty and staff. 58

         Each state university system institution must:
            • make available classes, programs, facilities, employment, and services without regard to the
                protected status or category of an individual;

47
   Id.
48
   See text accompanying note 24, supra.
49
   Dedicated to DEI at 15; University of Florida, Human Resources, Florida Equity Report 2021-2022, at 38, available at https://data-
apps.ir.aa.ufl.edu/public/diversity/UF%20Equity%20Report%202022.pdf.
50
   West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642 (1943).
51
   Rumsfeld v. Forum for Academic and Institutional Rights, 547 U.S. 47, 61 (2006).
52
   See Hurley v. Irish–American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U.S. 557 (1995) (state law cannot require a
parade to include a group whose message the parade's organizer does not wish to send) and Miami Herald Publishing Co. v. Tornillo,
418 U.S. 241 (1974) (right-of-reply statute violates editors' right to determine the content of their newspapers).
53
   See, e.g., Baggett v. Bullitt, 377 U.S. 360 (1964); Elfbrandt v. Russell, 384 U.S. 11 (1966); and Keyishian v. Board of Regents, 385
U.S. 589 (1967).
54
   Cole v. Richardson, 405 U.S. 676 (1972).
55
   Florida Board of Governors, Regulation 2.003.
56
   Florida Board of Governors, Regulation 2.003(1).
57
   Id.
58
   Florida Board of Governors, Regulation 2.003(1)(b). State university system institutions are expressly prohibited from using
admissions criteria that include preferences on the basis of race, color, national origin, disability, religion, or sex. Florida Board of
Governors, Regulation 6.001(3).
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             •    establish policies, procedures, and reporting mechanisms that prohibit and address unlawful
                  discrimination; and
             •    establish a designated office or person responsible for the development and implementation of
                  the equal employment opportunity program at each university. 59

         Relating to equal opportunity in employment, each state university system institution must:
            • Offer equal opportunity and access in employment to all qualified individuals without regard to
                the protected status or category of the individual.
            • Maintain an annual equity plan for remedying underutilization of women and minorities, as
                applicable, in senior-level administrative positions and by faculty rank and/or tenure status. 60

         In compliance with state, federal, and NCAA requirements regarding equal opportunity and access to
         students to participate in intercollegiate athletics, as well as in intramural, club, or recreational athletics,
         each state university system institution must develop an equity plan addressing sex equity in sports
         offerings and funding, including the proper level of support for women’s athletic scholarships. 61

         Finally, the BOG requires an annual Florida Equity Report, subject to the following requirements:
            • At a minimum, each university’s equity report must include information on the institution’s
                 progress in implementing strategic initiatives and performance related to equity and access as
                 they pertain to academic services, programs, and student enrollment; equity in athletics; and
                 employment.
            • Each university’s equity report shall assess sex equity in athletics, as well as representation by
                 race and sex in student enrollment, senior level administrative positions and by faculty rank
                 and/or tenure status. 62
            • Each equity report shall include a web citation of the university’s nondiscrimination policy
                 adopted by its university board of trustees.
            • Such reports are to be submitted to the BOG by September 30th of each year.
            • Each university board of trustees or designee shall approve the annual Florida Equity Report for
                 its institution prior to submission to the BOG.
            • The BOG shall annually assess the progress of each university’s plan and advise the Governor
                 and the Legislature regarding compliance. 63

         Preferences in High Education Admissions

         The BOG adopted regulation 6.001 prohibiting Florida’s universities from using admissions criteria that
         include preferences on the basis of race, color, national origin, disability, religion, or sex. 64

         Effect of Proposed Changes

         The bill prohibits any public institution of higher education from requiring or soliciting a person to
         complete a political loyalty test as a condition of employment by, admission into, or promotion within
         such institution. Additionally, public institutions of higher education are prohibited from giving
         preferential consideration to a person for an opinion or actions in support of a partisan, a political, or an
         ideological set of beliefs or another person or group of persons based on the person's or group's race
         or ethnicity or support of a specified ideology or movement.

         The bill provides that a political loyalty test includes compelling, requiring, or soliciting a person to
         identify commitment to or to make a statement of personal belief in support of:

59
   Florida Board of Governors, Regulation 2.003(2).
60
   Florida Board of Governors, Regulation 2.003(3).
61
   Florida Board of Governors, Regulation 2.003(4).
62
   Annual goals shall be developed and included in the equity report to address each area of underutilization. For each year in which
prior year goals were not achieved, each university shall provide a narrative explanation and a plan for achievement of equity. Florida
Board of Governors, Regulation 2.003(5)(b)1.
63
   Florida Board of Governors, Regulation 2.003(5).
64
   Florida Board of Governors, Regulation 6.001(3).
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             •   Any ideology or movement that promotes the differential treatment of a person or a group of
                 persons based on race or ethnicity, including an initiative or a formulation of diversity, equity,
                 and inclusion beyond upholding the equal protection of the laws guaranteed by the Fourteenth
                 Amendment to the United States Constitution or a theory or practice that holds that systems or
                 institutions upholding the equal protection of the laws guaranteed by the Fourteenth
                 Amendment of the United States Constitution are racist, oppressive, or otherwise unjust; or
             •   A specific partisan, political, or ideological set of beliefs.

        The bill explicitly states that a political loyalty test does not include fidelity to, or an oath or effort taken
        to uphold, the United States Constitution or the Florida Constitution.

        The bill authorized the SBE and the BOG to adopt rules and regulations, respectively, to implement
        these provisions. Such rules and regulations may provide penalties for the willful violation of these
        prohibitions.

        The bill provides a severability clause for these provisions.

         Due Process for Students Participating in Student Government

         Present Situation

         Student Governments at State Universities

         Current law creates a student government on the main campus of every state university. 65 A state
         university student government is required to be comprised of at least a student body president, a
         student legislature and a student judiciary. 66 Each student government is required to adopt internal
         procedures that provide for the operation and administration of the student government as well as the
         fulfillment of all statutory duties including, but not limited to, establishing procedures for the suspension,
         removal, and discipline of officers of the student government. 67 The statutory requirements for
         university student governments are mirrored in the BOG regulations. 68

         Student government organizations are creatures of state statute and a part of the university at which
         they are established. 69 Actions taken by student government entities are subject to the approval of the
         university. 70 When a student government acts, it acts under the color of state law and such actions are
         considered state action. 71

         In 2021, the Legislature established additional due process protections for students participating in
         student governments. Every university student government body must include a provision in its internal
         procedures permitting an officer that is disciplined, suspended, or removed from office to appeal
         directly to the vice president of student affairs or other designated senior university administrator.
         Neither the student government nor the university may impose any conditions precedent on such an
         appeal. 72

         Florida Student Association

         The Florida Student Association (FSA) is a nonprofit entity established to advocate on behalf of
         Florida’s State University System (SUS) students. The FSA consists of the 12 university student body



65
   Section 1004.26(1), F.S.
66
   Section 1004.26(2), F.S.
67
   Sections 1004.26(3) and (4)(a), F.S.
68
   Florida Board of Governors Regulation 6.014.
69
   Section 1004.26(1), F.S.
70
   See, e.g., Florida Board of Governors Regulation 6.014(5); Florida State University Board of Trustees Regulation FSU-3.001(3).
71
   See Ala. Student Party v. Student Gov’t Ass’n of the Univ. of Ala., 867 F.2d 1344, 1345 (11th Cir. 1989).
72
   Section 1004.26(4)(d), F.S.
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         presidents. 73 The president of the FSA serves as the student member of the BOG. 74 Additionally, the
         FSA nominates a student to serve on financial aid appeals committees. 75

         Effect of Proposed Changes

         The bill officially designates the FSA as the nonprofit advocacy group for SUS students and requires
         the FSA president’s due process rights be protected to the extent other students participating in student
         government activities have their due process rights protected. The chancellor of the BOG is authorized
         to designate an alternate entity if the FSA fails to meet the standard established in law.

         The bill requires that the board of directors of the FSA be comprised of the 12 SUS institution student
         body presidents. The chair of the board of directors must be annually selected by the members of the
         board and shall also serve as the president of the FSA.

         The bill requires the FSA to adopt bylaws that provide for the following:
            • A due process for the removal or impeachment of the president of the FSA. Such due process
                 must provide that the president of the FSA may be removed by the majority vote of members of
                 the board of directors. The grounds for removal of the president of the FSA are limited to
                 malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform
                 official duties, or conviction of a felony.
            • Procedures for the suspension and removal of the president of the FSA following the conviction
                 of a felony.
            • Procedures for a president of the FSA who has been disciplined, suspended, or removed from
                 his or her position to directly appeal such decision to the vice chancellor for academic and
                 student affairs for the BOG. The bylaws may not place any condition precedent on the exercise
                 of such right granted by this paragraph and the FSA may not elect a new president until the
                 exhaustion of the appeals process or any other due process rights afforded by law.

     B. SECTION DIRECTORY:
        Section 1:        Amends ss. 1001.03 and 1001.706, F.S.; revising the date by which the State Board of
                          Education and the Board of Governors must annually compile and publish specified
                          assessments.

        Section 2:        Amends ss. 1001.03 and 1001.706, F.S.; revising the date by which the State Board of
                          Education and the Board of Governors must annually compile and publish specified
                          assessments.

        Section 3:        Creates s. 1001.93, F.S.; requiring the Board of Governors of the State University
                          System to establish an Office of Public Policy Events with satellite offices at each state
                          university; providing duties of the office, including duties relating to hosting specified
                          events and recordings of such events, maintaining calendars, and reporting
                          requirements; authorizing a state university to assume the responsibilities of the satellite
                          office on its campus; requiring satellite offices to report to specified state university
                          offices; providing requirements for events of the office.

        Section 4:        Amends s. 1004.097, F.S.; prohibiting public institutions of higher education from
                          requiring the completion of a political loyalty test or for persons to meet certain
                          qualifications, as defined in the bill; requiring the State Board of Education and the Board
                          of Governors to adopt rules and regulations for specified purposes; providing
                          severability.

        Section 5:        Amends s. 1004.26, F.S.; designating the Florida Student Association as the nonprofit
                          advocacy organization for students of the State University System and providing for due

73
   Florida Student Association, About Us, https://www.linkedin.com/company/florida-student-association (last visited Mar. 2, 2023).
74
   Art. IX, s. 7(d), Fla. Const. and s. 1001.70(1), F.S.
75
   Section 1009.42(1), F.S.
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                     process protections for its board members; authorizing the Chancellor of the Board of
                     Governors, with approval from the Board of Governors, to designate another
                     organization to serve such students if the Florida Student Association does not comply
                     with due process requirements.

      Section 6:     Provides an effective date.

                       II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

      1. Revenues:
          None.

      2. Expenditures:
          See Fiscal Comments, infra.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

      1. Revenues:
          None.

      2. Expenditures:
          None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       There is an indeterminate fiscal impact on the BOG and SUS institutions related to the organization,
       planning, and staging of public policy events, including potential per diem and travel expenses for guest
       speakers.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

      1. Applicability of Municipality/County Mandates Provision:
         None.

      2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill authorizes the SBE and the BOG to adopt rules and regulations, respectively, to implement
       requirements related to the prohibition on political loyalty tests.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
      None.




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                     IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




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F   L     O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 931                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to postsecondary educational
    3               institutions; amending ss. 1001.03 and 1001.706, F.S.;
    4               revising the date by which the State Board of
    5               Education and the Board of Governors must annually
    6               compile and publish specified assessments; creating s.
    7               1001.93, F.S.; providing legislative findings;
    8               providing definitions; requiring the Board of
    9               Governors of the State University System to establish
10                  an Office of Public Policy Events; requiring the
11                  office to establish satellite offices at each state
12                  university; providing duties of the office, including
13                  duties relating to hosting specified events and
14                  recordings of such events, maintaining calendars, and
15                  reporting requirements; authorizing a state university
16                  to assume the responsibilities of the satellite office
17                  on its campus; providing requirements for such state
18                  universities; requiring satellite offices to report to
19                  specified state university offices; providing
20                  requirements for events of the office; amending s.
21                  1004.097, F.S.; prohibiting public institutions of
22                  higher education from requiring the completion of a
23                  political loyalty test or for persons to meet certain
24                  qualifications; providing requirements for such
25                  prohibited tests and qualifications; requiring the

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26               State Board of Education and the Board of Governors t o
27               adopt rules and regulations for specified purposes;
28               providing severability; amending s. 1004.26, F.S.;
29               designating the Florida Student Association as the
30               nonprofit advocacy organization for students of the
31               State University System; authorizing the Chancellor of
32               the Board of Governors, with approval from the Board
33               of Governors, to designate another organization to
34               serve such students under certain circumstances;
35               providing membership for the board of directors of the
36               association; providing requirements for such board of
37               directors relating to the board's chair and the
38               association's president; requiring the board of
39               directors to adopt certain bylaws; providing an
40               effective date.
41
42      Be It Enacted by the Legislature of the State of Florida:
43
44               Section 1.         Paragraph (b) of subsection (19) of section
45      1001.03, Florida Statutes, is amended to read:
46               1001.03        Specific powers of State Board of Education. —
47               (19)        INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
48      ASSESSMENT.—
49               (b)         The State Board of Education shall require each
50      Florida College System institution to conduct an annual

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51      assessment of the intellectual freedom and viewpoint diversity
52      at that institution. The State Board of Education shall select
53      or create an objective, nonpartisan, and statistically valid
54      survey to be used by each institution which considers the extent
55      to which competing ideas and perspectives are presented and
56      members of the college community, including students, faculty,
57      and staff, feel free to express their beliefs and viewpoints on
58      campus and in the classroom. The State Board of Education shall
59      annually compile and publish the assessments by December 31
60      September 1 of each year, beginning on December 31, 2024
61      September 1, 2022. The State Board of Education may adopt rules
62      to implement this paragraph.
63               Section 2.          Paragraph (b) of subsection (13) of section
64      1001.706, Florida Statutes, is amended to read:
65               1001.706           Powers and duties of the Board of Governors.—
66               (13)        INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
67      ASSESSMENT.—
68               (b)         The Board of Governors shall require each state
69      university to conduct an annual assessment of the intellectual
70      freedom and viewpoint diversity at that institution. The Board
71      of Governors shall select or create an objective, nonpartisan,
72      and statistically valid survey to be used by each state
73      university which considers the extent to which competing ideas
74      and perspectives are presented and members of the university
75      community, including students, faculty, and staff, feel free to

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 76      express their beliefs and viewpoints on campus and in the
 77      classroom. The Board of Governors shall annually compile and
 78      publish the assessments by December 31 September 1 of each year,
 79      beginning on December 31, 2024 September 1, 2022.
 80               Section 3.         Section 1001.93, Florida Statutes, is created
 81      to read:
 82               1001.93        The Office of Public Policy Events within the
 83      State University System.—
 84               (1)         The Legislature finds that the advancement of
 85      knowledge is the fundamental purpose of the State University
 86      System and that such advancement is facilitated by the fea rless
 87      sifting and winnowing of a wide diversity of views and that the
 88      open discussion and debate of contested public policy issues
 89      from diverse perspectives provides essential preparation for
 90      mature citizenship and an informed exercise of the right to
 91      vote.
 92               (2)         For purposes of this section, the term:
 93               (a)         "Debate" means an event at which two or more
 94      participants speak in favor of opposing approaches to the same
 95      public policy dispute, after which each participant is allotted
 96      time to address and rebut the position presented by the opposing
 97      speakers.
 98               (b)         "Group forum" means an event at which two or more
 99      speakers address a public policy dispute from divergent or
100      opposing perspectives, after which each participant is allotted

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101      time to address questions from the audience and to comment on
102      the other speakers' positions.
103               (3)         The Board of Governors of the State University System
104      shall establish, fund, and staff an Office of Public Policy
105      Events. The office must have a satellite office at each state
106      university within the State University System. The office must,
107      at a minimum:
108               (a)1.        Organize, publicize, and stage a substantial number
109      of debates, group forums, and individual lectures at each state
110      university that address, from multiple, divergent, and opposing
111      perspectives, an extensive range of public policy issues widely
112      discussed and debated in society at large.
113               2.      Such debates, group forums, and lectures must include
114      speakers who represent widely held views on opposing sides of
115      the most widely discussed public policy issues of the day and
116      who hold a wide diversity of perspectives from within and
117      outside of the state university community.
118               3.      If the office is unable to readily find an advocate
119      from within the state university community who is well-versed in
120      a perspective, the office shall invite a speaker who is able to
121      represent such perspective. The office shall, when necessary,
122      provide such speakers who are not from within the state
123      university community with per diem and a reimbursement for
124      travel expenses.
125               (b)1.        Maintain a permanent, publicly accessible,

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126      searchable, and up-to-date calendar in print, on the office's
127      website, and on each state university's website listing all of
128      the events sponsored by the office and all other debates, group
129      forums, and individual lectures open to the entire campus
130      community at the state university that address public policy
131      issues. The calendar must itemize the title of the event or
132      lecture, the name and institutional affiliation of the speaker
133      or speakers, and the office, institute, department, program, or
134      organization that sponsored the event, excluding those events
135      sponsored by off-campus groups in rented state university
136      facilities.
137               2.      Beginning September 1, 2024, and annually each
138      September 1 thereafter, provide to the Governor, the
139      Legislature, and to each state university a printed and an
140      electronic copy of the previous academic year's calendar for
141      each state university. Such calendars must be arranged
142      chronologically. Such calendars must be kept in the library
143      system of each state university.
144               (c)         Make publicly available, in an online format, a
145      complete video record of every debate, group forum, and
146      individual lecture organized by the office. The video recording
147      for an event organized by the office must be posted on the
148      office's website within 10 business days after the event. Such
149      video must remain publicly assessible on the office's website
150      for at least 5 years after the date of the event. Such videos

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151      must also be permanently preserved within, and made available to
152      the public through, the library of the state university that
153      hosted the event.
154               (4)         At the discretion of the board of trustees of a state
155      university and the Board of Governors, the Board of Governors
156      may assign the duties of the office to an existing
157      administrative office within the state university rather than
158      establish a satellite office. The state university must appoint
159      a Director of Public Policy Events. The Director of Public
160      Policy Events and his or her staff are responsible for the
161      duties and reporting responsibilities of the office.
162               (5)         Each satellite office shall report directly to either
163      the state university's office that is responsible for compiling
164      and reporting the Integrated Postsecondary Education Data
165      System's graduation rate survey or Office of General Counsel.
166               (6)         Each debate, group forum, and individual lecture
167      organized by the office must be open to all students, faculty,
168      and staff of the state university and, unless restricting
169      attendance to such event is necessary to achieve a compelling
170      governmental interest, to the general public.
171               Section 4.          Subsection (4) of section 1004.097, Florida
172      Statutes, is renumbered as subsection (5), and a new subsection
173      (4) is added to that section, to read:
174               1004.097           Free expression on campus.—
175               (4)(a)        A public institution of higher education may not:

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176               1.      Require or solicit a person to complete a political
177      loyalty test as a condition of employment or admission into, or
178      promotion within, such institution.
179               2.      Give preferential consideration to a person for
180      employment by, admission into, or promotion within the
181      institution for an opinion or actions in support of:
182               a.      A partisan, a political, or an ideological set of
183      beliefs; or
184               b.      Another person or group of persons based on the
185      person's or group's race or ethnicity or support of an ideology
186      or movement identified under sub-subparagraph (b)1.a.
187               (b)1.       A political loyalty test includes compelling,
188      requiring, or soliciting a person to identify commitment to or
189      to make a statement of personal belief in support of:
190               a.      Any ideology or movement that promotes the differential
191      treatment of a person or a group of persons based on race or
192      ethnicity, including an initiative or a formulation of
193      diversity, equity, and inclusion beyond upholding the equal
194      protection of the laws guaranteed by the Fourteenth Amendment to
195      the United States Constitution or a theory or practice that
196      holds that systems or institutions upholding the equal
197      protection of the laws guaranteed by the Fourteenth Amendment of
198      the United States Constitution are racist, oppressive, or
199      otherwise unjust; or
200               b.      A specific partisan, political, or ideological set of

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201      beliefs.
202               2.      A political loyalty test does not include fidelity to,
203      or an oath or effort taken to uphold, the United States
204      Constitution or the State Constitution.
205               (c)         The State Board of Education and the Board of
206      Governors may adopt rules and regulations, respectively, to
207      implement this subsection and establish penalties for a willful
208      violation of this section.
209               (d)         If any provision of this subsection or its application
210      to any person or circumstance is held invalid, the invalidity
211      does not affect other provisions or applications of this
212      subsection or chapter which can be given effect without the
213      invalid provision or application, and to this end the provisions
214      of this subsection are severable.
215               Section 5.         Subsection (5) of section 1004.26, Florida
216      Statutes, is renumbered as subsection (6), and a new subsection
217      (5) is added to that section, to read:
218               1004.26        University student governments; the Florida
219      Student Association.—
220               (5)(a)        The Florida Student Association is designated as
221      the nonprofit advocacy organization serving the needs of the
222      students of the State University System. If the Florida Student
223      Association fails to meet the requirements of this section, the
224      Chancellor of the Board of Governors shall designate an
225      equivalent nonprofit advocacy organization to serve the needs of

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226      the students of the State University System with the approval of
227      the Board of Governors.
228               (b)         The Florida Student Association shall be governed by a
229      board of directors. The membership of the board of directors
230      shall be comprised of the 12 student body presidents of the
231      state universities. The board of directors shall annually elect
232      a chair from among the board's members. The chair shall also
233      serve as president of the association.
234               (c)         The Florida Student Association shall adopt bylaws to
235      establish:
236               1.      A due process for the removal or impeachment of the
237      president of the association. Such due process must provide that
238      the president of the association may be removed by the majority
239      vote of members of the board of directors. The grounds for
240      removal of the president of the association are limited to
241      malfeasance, misfeasance, neglect of duty, incompetence,
242      permanent inability to perform official duties, or conviction of
243      a felony.
244               2.      Procedures for the suspension and removal of the
245      president of the association following the conviction of a
246      felony.
247               3.      Procedures for a president of the association who has
248      been disciplined, suspended, or removed from his or her position
249      to directly appeal such decision to the Vice Chancellor for
250      Academic and Student Affairs for the Board of Governors. The

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251      bylaws may not place any condition precedent on the exercise of
252      such right granted by this paragraph and the association may not
253      elect a new president until the exhaustion of the appeals
254      process or any other due process rights afforded by this
255      section.
256               Section 6.        This act shall take effect July 1, 2023.




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