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Postsecondary Education & Workforce Subcommittee Meeting Packet, March 13, 2023

Summary

Meeting packet for the Postsecondary Education & Workforce Subcommittee, Monday, March 13, 2023, 3:00 PM, Morris Hall (17 HOB). The committee meeting notice lists HB 515 by Silvers, HB 845 Collegiate Purple Star Campuses by Dunkley and Hunschofsky, HB 1247 by Temple, and the proposed committee substitute PCS for HB 999, Public Postsecondary Educational Institutions. The staff analysis of HB 515, Office of Inspector General of the Board of Governors of the State University System, states that the BOG Inspector General does not have the authority to exercise subpoena power on behalf of a state university. It describes a 2019 investigation by the Florida House of Representatives into the use of appropriated funds for fixed capital outlay projects at the University of Central Florida.

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Cite this document

“Postsecondary Education & Workforce Subcommittee Meeting Packet, March 13, 2023.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-13-3247-postsecondary-education-workforce-subcommittee-meeting-ef7722cc3b/, SHA-256 da8b8da341862fcbff5e22e13136f3eda9db48461054ce85ca30cf0b9aed5fda.

Full text

              Postsecondary Education &
               Workforce Subcommittee
                      March 13, 2023
                          3:00 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:               Monday, March 13, 2023 03:00 pm

End Date and Time:                 Monday, March 13, 2023 06:00 pm

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


Consideration of the following bill(s):

HB 515 Office of Inspector General of the Board of Governors of the State University System by Silvers
HB 845 Collegiate Purple Star Campuses by Dunkley, Hunschofsky
HB 1247 William L. Boyd, IV, Effective Access to Student Education Grants by Temple


Consideration of the following proposed committee substitute(s):

PCS for HB 999 -- Public Postsecondary Educational Institutions



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 03/09/2023 4:22PM by Haney.Kendall


03/09/2023     04:22:54PM                                   Leagis ®                                        Page 1 of 1
HB 515
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 515 Office of Inspector General of the Board of Governors of the State University System
SPONSOR(S): Silvers
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Postsecondary Education & Workforce                                                    Dixon               Kiner
       Subcommittee

    2) Constitutional Rights, Rule of Law &
       Government Operations Subcommittee

    3) Education & Employment Committee

                                              SUMMARY ANALYSIS
The Board of Governors (BOG) is responsible for operating, regulating, controlling, and being fully responsible
for the management of the State University System. Pursuant to Florida’s Constitution, the BOG’s
management is subject to the powers of the Legislature to appropriate for the expenditure of funds. Like other
state agencies, the BOG has an Office of Inspector General charged with promoting accountability, financial
integrity and efficiency as required by law. The BOG IG is also charged with detecting fraud and abuse within
state universities.

While the Governor’s Chief Inspector General may exercise subpoena power on behalf of state agencies under
the Governor’s control, the BOG Inspector General does not have the authority to exercise subpoena power on
behalf of a state university. In 2019, the Florida House of Representatives conducted an investigation into the
unauthorized use of appropriated funds for fixed capital outlay projects at the University of Central Florida.
Among the investigatory findings was the BOG’s Office of Inspector General lacks resources to exercise the
robust investigative role intended by the inspector general statutes and that such resources are essential to
holding universities accountable to the BOG. To address the finding, the investigatory report recommended the
BOG Inspector General investigate significant complaints or reports of possible waste, fraud and
mismanagement and submit investigative findings to the Board of Governors, the Speaker of the House and
Senate President. The investigatory report further recommended, if requested by the BOG, consideration be
given to authorize the BOG Inspector General to exercise subpoena power on behalf of a state university.

The bill authorizes the BOG Inspector General, or designee, to issue and serve subpoenas duces tecum on
behalf of the BOG or a state university to compel the attendance of witnesses and the production of
documents, reports, answers, records, accounts, and other data in any medium.

In the event of noncompliance with a subpoena issued, the bill authorizes the BOG Inspector General to
petition the circuit court of the county in which the person subpoenaed resides or has his or her principal place
of business for an order requiring the subpoenaed person to appear and testify and to produce documents,
reports, answers, records, accounts, or other data as specified in the subpoena.

The bill also provides for the BOG Inspector General to require or allow a person to file a statement, in writing,
under oath, as to all the facts and circumstances concerning the matter that is to be audited, examined, or
investigated.

The bill does not appear to have a fiscal impact on state government.

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: h0515.PEW
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                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Governor’s Chief Inspector General

         The Office of Chief Inspector General (CIG) is responsible for promoting accountability, integrity, and
         efficiency in agencies under the Governor’s jurisdiction. 1 The CIG monitors the activities of the agency
         inspectors general under the Governor’s jurisdiction and is required, among other things, to do the
         following:
              • Initiate, supervise, and coordinate investigations and carry out other activities designed to deter,
                 detect, prevent, and eradicate fraud, waste, abuse, mismanagement, and misconduct in
                 government;
              • Investigate, upon receipt of a complaint or for cause, any administrative action of any agency,
                 the administration of which is under the direct supervision of the Governor;
              • Examine the records and reports of any agency the administration of which is under the direct
                 supervision of the Governor;
              • Coordinate complaint-handling activities with agencies;
              • Coordinate the activities of the Whistle-blower’s Act and maintain the whistle-blower’s hotline to
                 receive complaints and information concerning the possible violation of law or administrative
                 rules, mismanagement, fraud, waste, abuse of authority, malfeasance, or a substantial or
                 specific danger to the health, welfare, or safety of the public;
              • Report expeditiously to and cooperate fully with the Department of Law Enforcement, the
                 Department of Legal Affairs, and other law enforcement agencies when there are recognizable
                 grounds to believe that there has been a violation of criminal law or that a civil action should be
                 initiated;
              • Act as liaison and monitor the activities of the inspectors general in the agencies under the
                 Governor’s jurisdiction; and
              • Conduct special investigations and management reviews at the request of the Governor. 2

         In exercising the authority of the office, the Governor’s Chief Inspector General, may, among other
         things, issue and serve subpoenas and subpoenas duces tecum, for agencies under the jurisdiction of
         the Governor, to compel the attendance of witnesses and the production of documents, reports,
         answers, records, accounts, and other data in any medium. 3

         Agency Inspectors General

         An Office of Inspector General (OIG) is established in each state agency 4 to provide a central point for
         the coordination of and responsibility for activities that promote accountability, integrity, and efficiency
         in government. 5 Each agency OIG is, among other things, responsible for the following:
             • Supervising and coordinating audits, investigations, and management reviews relating to the
                programs and operations of the agency;



1
  S. 14.32(1), F.S.
2
  S. 14.32(2), F.S.
3
  S. 14.32(5)(b), F.S.
4
  S. 20.055(1)(d), F.S. defines the term “state agency” as each department created pursuant to ch. 20, F.S., and the Executive Office of
the Governor, the Department of Military Affairs, the Fish and Wildlife Conservation Commission, the Office of Insurance Regulation
of the Financial Services Commission, the Office of Financial Regulation of the Financial Services Commission, the Public Service
Commission, the Board of Governors of the State University System, the Florida Housing Finance Corporation, the Florida Gaming
Control Commission, and the state courts system.
5
  S. 20.055(2), F.S.
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              •   Conducting, supervising, or coordinating other activities carried out or financed by the agency
                  for the purpose of promoting economy and efficiency in the administration of, or preventing and
                  detecting fraud and abuse in, its programs and operations;
              •   Keeping the agency head, 6 or the CIG for agencies under the jurisdiction of the Governor,
                  informed concerning fraud, abuses, and deficiencies relating to programs and operations
                  administered or financed by the agency; recommending corrective action concerning fraud,
                  abuses, and deficiencies; and reporting on the progress made in implementing corrective
                  action;
              •   Ensuring effective coordination and cooperation between the Auditor General, federal auditors,
                  and other governmental bodies to avoid duplication; and
              •   Ensuring that an appropriate balance is maintained between audit, investigative, and other
                  accountability activities.

         With respect to investigations, each OIG must initiate, conduct, supervise, and coordinate
         investigations designed to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
         misconduct, and other abuses in state government. 7 For these purposes, each inspector general must
         do the following:
             • Receive complaints and coordinate all activities of the agency as required by the Whistle-
                 blower’s Act;
             • Receive and consider the complaints that do not meet the criteria for an investigation under the
                 Whistle-blower’s Act and conduct, supervise, or coordinate such inquiries, investigations, or
                 reviews as the inspector general deems appropriate;
             • Report expeditiously to the Department of Law Enforcement or other law enforcement agencies,
                 as appropriate, when the inspector general has reasonable grounds to believe there has been a
                 violation of criminal law;
             • Conduct investigations and other inquiries free of actual or perceived impairment to the
                 independence of the inspector general or the inspector general’s office, including freedom from
                 any interference with investigations and timely access to records and other sources of
                 information;
             • Submit to entities contracting with the state or an individual substantially affected the findings of
                 investigations involving such entities or individual, who must be advised that they may submit a
                 written response to the findings, and whose written response, if any, must be included in the
                 final report along with the inspector general’s rebuttal, if any; and
             • Submit timely final reports on investigations to the agency head, except for whistle-blower’s
                 investigations, which must be conducted and reported pursuant to the Florida Whistle-blower’s
                 Act. 8

         Board of Governors Inspector General

         The Board of Governors (BOG) is responsible for operating, regulating, controlling, and being fully
         responsible for the management of the State University System. Pursuant to Florida’s Constitution, the
         BOG’s management is subject to the powers of the Legislature to appropriate for the expenditure of
         funds. Like other state agencies, the BOG has an Office of Inspector General charged with promoting
         accountability, financial integrity and efficiency as required by law. The BOG IG is also charged with
         detecting fraud and abuse within state universities.

         If the BOG determines that the board of trustees of a state university is unwilling or unable to address
         substantiated allegations of waste, fraud, or financial mismanagement within a state university, the



6
  S. 20.055(1)(a), F.S., defines the term “agency head” as the Governor, a Cabinet officer, a secretary as defined in s. 20.03(5), F.S., or
an executive director as defined in s. 20.03(6), F.S., the chair of the Public Service Commission, the Director of the Office of
Insurance Regulation of the Financial Services Commission, the Director of the Office of Financial Regulation of the Financial
Services Commission, the board of directors of the Florida Housing Finance Corporation, the chair of the Florida Gaming Control
Commission, and the Chief Justice of the State Supreme Court.
7
  S. 20.055(7), F.S.
8
  Id.
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           BOG Inspector General must conduct, coordinate, or an request investigation into the substantiated
           allegations. 9

           The BOG Inspector General, when performing its duties, must have access to all information and
           personnel necessary to perform its duties and will have all of its current powers, duties and
           responsibilities as authorized in s. 20.055, F.S. 10

           In 2019, the Florida House of Representatives conducted an investigation into the unauthorized use of
           appropriated funds for fixed capital outlay projects at the University of Central Florida. Among the
           investigatory findings was the BOG’s Office of Inspector General lacks resources to exercise the robust
           investigative role intended by the inspector general statutes and that such resources are essential to
           holding universities accountable to the BOG. To address the finding, the investigatory report
           recommended the BOG Inspector General investigate significant complaints or reports of possible
           waste, fraud and mismanagement and submit investigative findings to the Board of Governors, the
           Speaker of the House and Senate President. The investigatory report further recommended, if
           requested by the BOG, consideration be given to authorize the BOG Inspector General to exercise
           subpoena power on behalf of a state university.

           Effect of Proposed Changes

           The bill authorizes the BOG Inspector General, or designee, to issue and serve subpoenas duces
           tecum on behalf of the BOG or a state university to compel the attendance of witnesses and the
           production of documents, reports, answers, records, accounts, and other data in any medium.

           In the event of noncompliance with a subpoena issued, the bill authorizes the BOG Inspector General
           to petition the circuit court of the county in which the person subpoenaed resides or has his or her
           principal place of business for an order requiring the subpoenaed person to appear and testify and to
           produce documents, reports, answers, records, accounts, or other data as specified in the subpoena.

           The bill also provides for the BOG Inspector General to require or allow a person to file a statement, in
           writing, under oath, as to all the facts and circumstances concerning the matter that is to be audited,
           examined, or investigated.

       B. SECTION DIRECTORY:
           Section 1: Amends s. 20.155, F.S.; authorizing the Office of Inspector General to issue and serve
           subpoenas duces tecum for specified purposes and require or allow certain persons to file specified
           statements; authorizing the office to petition certain courts for specified purposes.

           Section 2: Provides an effective date.

                            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:

9
    S. 20.155(5), F.S.
10
     Id.
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           None.

       2. Expenditures:
           None.

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

   D. FISCAL COMMENTS:
       This bill does not appear to have a fiscal impact on state or local government.

                                                 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:
       If the intent of the bill is to mirror s. 14.32(5)(b), F.S., which authorizes the Governor’s Chief Inspector
       General to exercise subpoena power on behalf of a state agency under the Governor’s control, the
       sponsor may wish to amend the bill to authorize the BOG Inspector General to issue ‘subpoenas’ in
       addition to ‘subpoenas duces tecum.’

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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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 515                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to the Office of Inspector General of
    3               the Board of Governors of the State University System;
    4               amending s. 20.155, F.S.; authorizing the Office of
    5               Inspector General to issue and serve subpoenas duces
    6               tecum for specified purposes and require or allow
    7               certain persons to file specified statements;
    8               authorizing the office to petition certain courts for
    9               specified purposes; providing an effective date.
10
11         Be It Enacted by the Legislature of the State of Florida:
12
13                  Section 1.        Subsection (5) of section 20.155, Florida
14         Statutes, is amended to read:
15                  20.155      Board of Governors of the State University System. —
16                  (5)(a)      OFFICE OF INSPECTOR GENERAL.—An Office of Inspector
17         General shall be organized using existing resources and funds to
18         promote accountability, efficiency, and effectiveness and to
19         detect fraud and abuse within state universities. If the Board
20         of Governors determines that a state university board of
21         trustees is unwilling or unable to address substantiated
22         allegations made by any person relating to waste, fraud, or
23         financial mismanagement, the office shall conduct, coordinate,
24         or request investigations into substantiated allegations made by
25         any person relating to waste, fraud, or financial mismanagement

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0515-00
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 515                                                                                                2023




26      within a state university. The office shall have access to all
27      information and personnel necessary to perform its duties and
28      shall have all of its current powers, duties, and
29      responsibilities authorized in s. 20.055.
30               (b)1.       In exercising authority under this subsection, the
31      Office of Inspector General or his or her designee may:
32               a.      Issue and serve subpoenas duces tecum for the Board of
33      Governors or the state universities in the State University
34      System to compel the attendance of witnesses and the production
35      of documents, reports, answers, records, accounts, and other
36      data in any medium.
37               b.      Require or allow a person to file a statement in
38      writing, under oath or otherwise, as to all the facts and
39      circumstances concerning the matter to be audited, examined, or
40      investigated.
41               2.      In the event of noncompliance with a subpoena issued
42      under this paragraph, the Inspector General may petition the
43      circuit court of the county in which the person subpoenaed
44      resides or has his or her principal place of business for an
45      order requiring the subpoenaed person to appear and testify and
46      to produce documents, reports, answers, records, accounts, or
47      other data as specified in the subpoena.
48               Section 2.        This act shall take effect July 1, 2023.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0515-00
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 515   (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 Silvers offered the following:
4
 5          Amendment (with title amendment)
 6          Remove lines 16-42 and insert:
 7          (5)    OFFICE OF INSPECTOR GENERAL.—An Office of Inspector
 8     General shall be organized using existing resources and funds to
 9     promote accountability, efficiency, and effectiveness and to
10     detect fraud and abuse within state universities.
11          (a)    If the Board of Governors determines that a state
12     university board of trustees is unwilling or unable to address
13     substantiated allegations made by any person relating to waste,
14     fraud, or financial mismanagement, the office must shall
15     conduct, coordinate, or request investigations into
16     substantiated allegations made by any person relating to waste,
     010853 - HB 515 - Amendment (Silvers), line 16.docx
      Published On: 3/10/2023 6:32:01 PM
                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 515   (2023)
       Amendment No. 1


17     fraud, or financial mismanagement within a state university. The
18     office shall have access to all information and personnel
19     necessary to perform its duties and shall have all of its
20     current powers, duties, and responsibilities authorized in s.
21     20.055.
22          (b)    In exercising its authority under this section, the
23     office may do any of the following:
24          1.    Issue and serve subpoenas and subpoenas duces tecum,
25     for the Board of Governors or universities under the
26     jurisdiction of the State University System, to compel the
27     appearance of witnesses and the production of documents,
28     reports, answers, records, accounts, and other data in any
29     medium.
30          2.    Require or authorize a person to file a written
31     statement, under oath if required, as to all the facts and
32     circumstances concerning the matter to be audited, examined, or
33     investigated.
34          (c)    In the event of noncompliance with a subpoena issued
35     under paragraph (b), the office may petition the
36
37           -----------------------------------------------------
38                         T I T L E   A M E N D M E N T
39          Remove lines 4-9 and insert:
40          amending s. 20.155, F.S.; granting the Office of the
41          Inspector General of the Board of Governors additional
     010853 - HB 515 - Amendment (Silvers), line 16.docx
      Published On: 3/10/2023 6:32:01 PM
                                    Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 515   (2023)
       Amendment No. 1


42          authority to take certain actions in carrying out its
43          duties; providing an effective date.




     010853 - HB 515 - Amendment (Silvers), line 16.docx
      Published On: 3/10/2023 6:32:01 PM
                                  Page 3 of 3
HB 845
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 845 Collegiate Purple Star Campuses
SPONSOR(S): Dunkley and others
TIED BILLS:       IDEN./SIM. BILLS: SB 732

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Postsecondary Education & Workforce                                                    McDaniel            Kiner
       Subcommittee

    2) Local Administration, Federal Affairs & Special
       Districts Subcommittee

    3) Education & Employment Committee

                                              SUMMARY ANALYSIS
Students from military families face academic and mental health challenges as they transition to new schools
as a result of a parent's change in duty station. In 2021, the Florida Legislature established the Purple Star
School of Distinction Program to recognize K-12 schools that support the unique needs of military families,
assist military-connected students in navigating critical challenges, and provide resources for military-
connected students. In 2022, the Florida Department of Education recognized 122 inaugural Purple Star
Schools of Distinction.

The bill establishes the Collegiate Purple Star Campuses Program, modeled after the K-12 Purple Star School
of Distinction Program. This program will identify participating Florida College System (FCS), state university
system (SUS) institutions, or career centers that support military-connected collegiate students.

At a minimum, the program must require a participating FCS, SUS, or career center to: designate a staff
member as a military liaison; maintain a web page on the FCS or SUS website which includes resources for
military students and their families; maintain a student-led transition program that assists military students in
transitioning to the FCS or SUS system; offer professional development training opportunities for staff
members on issues relating to military students; and provide priority course registration for military students.

The State Board of Education (SBE) and Board of Governors (BOG) may establish additional criteria to identify
FCS, SUS, and career centers that demonstrate a commitment to or provide critical transition supports for
military-connected families.

The bill requires the SBE to adopt rules, and the BOG to adopt regulations, to implement the program.

The bill has no fiscal impact to the state. See Fiscal Comments.

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: h0845.PEW
DATE: 3/9/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

         Present Situation

         Military Personnel and Families

         There are over 3.5 million United States military personnel located worldwide. 1 A total of 1.3 million
         active duty 2 service members are assigned throughout all 50 states and the District of Columbia. More
         than half of the military members stationed stateside reside in California, Virginia, Texas, North
         Carolina, Georgia, and Florida. 3

         A total of 1,162,591 select reserve component members 4 are assigned throughout the 50 states and
         the District of Columbia. More than one-half of the reserve members are located in six states:
         California, Virginia, Texas, North Carolina, Georgia, and Florida. 5 Florida is home to 20 military
         installations and employs 860,221 military personnel. 6

         Approximately 38 percent of all active duty service members nationwide have children. 7 Of the 136,600
         Active Duty children over 14 years of age, 72.5 percent are between 15 and 18 years, and 27.5 percent
         are between 19 and 22 years. 8

         Interstate Compact on Educational Opportunity for Military Children

         Florida joined the Interstate Compact on Educational Opportunity for Military Children (Interstate
         Compact) in 2008. 9 Currently, all 50 states are members of the Interstate Compact. 10 The purpose of
         the Interstate Compact is to remove barriers to educational success imposed on students from military
         families due to frequent moves and deployment of their parents. 11 To accomplish this purpose, current
         law provides for:
             • Prioritizing students from military families in the controlled open enrollment process; 12
             • Providing an exception to restrictions on participation in extracurricular activities for students
                 from military families; 13
             • Establishing memoranda of understanding between school districts and military installations; 14



1
  Department of Defense, 2022 Demographics, Profile of the Military Community (2022), at iii, available at
https://download.militaryonesource.mil/12038/MOS/Reports/2021-demographics-report.pdf.
2
  10 U.S.C. s. 101. The term “active duty” means full time duty in the active military service and includes full-time training, annual
training duty, and attendance. Id.
3
  Department of Defense, 2022 Demographics, Profile of the Military Community (2022), at iv, available at
https://download.militaryonesource.mil/12038/MOS/Reports/2021-demographics-report.pdf.
4
  The reserve components of the armed forces include the Army National Guard, Army Reserve, Navy Reserve, Marine Corps
Reserve, Air National Guard, Air Force Reserve, and the Coast Guard Reserve. 10 U.S.C., § 10101.
5
  Department of Defense, 2022 Demographics, Profile of the Military Community (2022), at 35, available at
https://download.militaryonesource.mil/12038/MOS/Reports/2019-demographics-report.pdf
6
  Enterprise Florida, Florida’s Military Profile (2022), at 1, available at https://www.enterpriseflorida.com/wp-
content/uploads/Floridas-Military-Installations-Map.pdf.
7
  Department of Defense, 2022 Demographics, Profile of the Military Community (2022), at v, available at
https://download.militaryonesource.mil/12038/MOS/Reports/2019-demographics-report.pdf.
8
  Id at 146.
9
  Ch. 2008-225, Laws of Fla.
10
   Military Interstate Children’s Compact Commission, Interactive Map, https://mic3.net/interactive-map/ (last visited Mar. 6, 2023).
11
   Military Interstate Children’s Compact Commission, Background, https://mic3.net/background/ (last visited Mar. 6, 2023).
12
   Section 1002.31, F.S.
13
   Section 1006.15(3)(h) and (9)(b), F.S.
14
   Section 1003.05(2), F.S.
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             •   Providing for students from military families who are otherwise eligible for special academic
                 programs at any school in the district school to receive first preference for admission; 15 and
             •   Pending a transfer to a military installation within the school district, considering students from
                 military families as residents of that county for purposes of enrollment. 16

        Other Educational Benefits

        In addition to benefits from the Interstate Compact, Florida also provides other educational benefits to
        military families, including:
             • In-state tuition rates and fee waivers.
             • Priority course registration for veterans receiving GI Bill benefits.
             • Required college credit for military training and education courses.
             • Course withdrawal due to military service, without penalty.
             • National Guard Educational Dollars for Duty Program.
             • Military Interstate Children’s Compact Commission.
             • Accepting military permanent change of station orders that relocate a military family to any
                military installation within the state as proof of Florida residency.
             • Accepting exit or end-of-course exams required for graduation from a sending state.
             • Providing preferential treatment to dependent children of active duty military personnel who
                moved as a result of military orders in a school’s controlled open enrollment process. 17

         Purple Star Campus Program

         In 2021, the Florida Legislature established the Florida Purple Star Campus Program. 18 The purpose of
         the Purple Star School of Distinction is to recognize K-12 schools that support the unique needs of
         military families, help military-connected students navigate critical challenges, and provide resources
         for military-connected students when transitioning to a new school environment. 19 Under the program,
         schools will be recognized as Purple Star Campuses if they meet the following requirements: 20
             • designate a staff member as a military liaison;
             • maintain a webpage on the school’s website which includes resources for military students and
                  families;
             • maintain a student-led transition program to assist military students in transitioning into the
                  school;
             • offer professional development training opportunities for staff members on issues relating to
                  military students; and
             • reserve at least five percent of open enrollment seats for military-connected students.

         In addition, each school must complete at least three of the following activities to support military
         families: 21
             • The school hosts at least one of the following annual military recognition events: Month of the
                 Military Child, Month of the Military Family, Purple-Up! For Military Kids!, Veteran’s Day,
                 Memorial Day.
             • The district school board where the school is located, or governing board in the case of a
                 charter or private school, issues a resolution publicizing support for military students and
                 families.


15
   Section 1003.05(3), F.S. For the purposes of this section, special academic programs include magnet schools, advanced studies
programs, advanced placement, dual enrollment, Advanced International Certificate Educations, and International Baccalaureate.
16
   Section 1003.05(4), F.S.
17
   Enterprise Florida, Advantage Florida Military Benefits Guide (2022-23), available at https://www.enterpriseflorida.com/wp-
content/uploads/Advantage-Florida-Military-Benefits-Guide.pdf.
18
   The Florida Department of Education, Purple Star School of Distinction Designation, https://www.fldoe.org/schools/family-
community/activities-programs/parental-involvement/purple-star.stml (last visited Mar. 6, 2023).
19
   Id.
20
   Section 1005.051(2)(a)1.-5., F.S.
21
   Rule 6A-1.0999(3)(f)1.-6., F.A.C.
STORAGE NAME: h0845.PEW                                                                                                      PAGE: 3
DATE: 3/9/2023
             •   The school partners with one or more military school liaison officer(s) to provide opportunities
                 for active-duty parents to volunteer at the school.
             •   The school maintains a public display recognizing service members, veterans, or military
                 students and families.
             •   The school participants in a service project that connects the school with the military
                 community, such as adopt-a-school, sending letters or care packages to deployed troops, or
                 Yellow Ribbon events.
             •   The school offers the Junior Reserve Officers’ Training Corps program.

        In 2022, the Florida Department of Education recognized 122 inaugural Purple Star Schools of
        Distinction. 22

        Collegiate Purple Star Designation

        In 2017, Ohio’s PreK-12 school system led the nation by creating the “Purple Star” designation for
        schools that support military families, and in 2022, Ohio was the first state to expand the program to
        support military families at the college level by establishing the “Collegiate Purple Star” designation. 23

        The Ohio program includes in its student population service members, veterans, their spouses, and
        dependents. 24

        Criteria for being chosen as a Purple Star college or university include: 25
            • having a dedicated military or veteran point of contact or office on campus;
            • establishing priority registration for veterans and servicemembers;
            • surveying student veterans and servicemembers, along with spouses and dependents, about
                needs and challenges; and
            • allowing for the establishment of student-led groups and organizations for veterans and
                servicemembers.

        Effect of Proposed Changes

        The bill creates the Collegiate Purple Star Campus Program to support military-connected collegiate
        students. The term "military student" is defined as a student enrolled in a Florida College System (FCS)
        institution, state university system (SUS), or career center who is a dependent of a current or former
        member of the United States military serving on active duty in the Army, Navy, Air Force, Space Force,
        Marine Corps, or Coast Guard; a reserve component of any branch of government; or the Florida
        National Guard.

        The bill requires the State Board of Education (SBE) to adopt rules, and the Board of Governors (BOG)
        to adopt regulations, to implement the program.

        At a minimum, the program requires a participating FCS, SUS, or career center to: designate a staff
        member as a military liaison; maintain a web page on the FCS or SUS website which includes
        resources for military students and their families; maintain a student-led transition program that assists
        military students in transitioning to the FCS or SUS system; offer professional development training
        opportunities for staff members on issues relating to military students; and provide priority course
        registration for military students.


22
   The Florida Department of Education, Purple Star School of Distinction Designation, https://www.fldoe.org/schools/family-
community/activities-programs/parental-involvement/purple-star.stml (last visited Mar. 6, 2023).
23
   Ohio Department of Higher Education, ODHE Unveils New Collegiate Purple Star Designation,
https://highered.ohio.gov/about/news-events/all-news/odhe-unveils-new-collegiate-purple-star-designation (last visited February 23,
2023).
24
   Ohio Department of Higher Education, Directive 2022-004, RE: Proposal to Designate Aspiring Military Friendly Institutions as a
“Collegiate Purple Star” Institution in Ohio (Mar. 23, 2022), available at https://highered.ohio.gov/static/files/Directive_2022-
004_PurpleStar.pdf, at 2.
25
   Id.
STORAGE NAME: h0845.PEW                                                                                                     PAGE: 4
DATE: 3/9/2023
       The SBE and BOG may establish additional criteria to identify FCS, SUS, and career centers that
       demonstrate a commitment to or provide critical transition supports for military-connected families.

   B. SECTION DIRECTORY:
       Section 1.     Creating s. 1004.071, F.S., defining the term “military student”; requiring the State Board
                      of Education to adopt rules and the Board of Governors to adopt regulations to establish
                      the Collegiate Purple Star Campuses program; specifying program criteria for
                      participating Florida College System institutions, state universities, and career centers.

       Section 2.     Provides an effective date.


                          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:
       None.

   D. FISCAL COMMENTS:
       The bill has no fiscal impact to the state. Any expenses incurred by program-participating institutions
       can be absorbed within their existing resources.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill requires the State Board of Education to adopt rules to implement the Collegiate Purple Star
       Campuses Program. The bill requires the Board of Governors to adopt regulations to implement the
       program.

STORAGE NAME: h0845.PEW                                                                                   PAGE: 5
DATE: 3/9/2023
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h0845.PEW                                                 PAGE: 6
DATE: 3/9/2023
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           HB 845                                                                                                2023




    1                                           A bill to be entitled
    2               An act relating to Collegiate Purple Star Campuses;
    3               creating s. 1004.071, F.S.; defining the term
    4               "military student"; requiring the State Board of
    5               Education to adopt rules and the Board of Governors to
    6               adopt regulations to establish the Collegiate Purple
    7               Star Campuses program; specifying program criteria for
    8               participating Florida College System institutions,
    9               state universities, and career centers; providing an
10                  effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                  Section 1.          Section 1004.071, Florida Statutes, is created
15         to read:
16                  1004.071           Collegiate Purple Star Campuses.—
17                  (1)         As used in this section, the term "military student"
18         means a student who is:
19                  (a)         Enrolled in a Florida College System institution,
20         state university, or career center.
21                  (b)         A dependent of a current member of the United States
22         military serving on active duty in, or a dependent of a former
23         member of, the Army, Navy, Air Force, Space Force, Marine Corps,
24         or Coast Guard; a reserve component of any branch of the United
25         States military; or the Florida National Guard.

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        HB 845                                                                                                2023




26               (2)(a)        The State Board of Education shall adopt rules, and
27      the Board of Governors shall adopt regulations, to establish the
28      Collegiate Purple Star Campuses program. At a minimum, the
29      program must require a participating Florida College System
30      institution, state university, or career center to:
31               1.      Designate a staff member as a military liaison.
32               2.      Maintain a web page on the Florida College System
33      institution or state university's website which includes
34      resources for military students and their families.
35               3.      Maintain a student-led transition program that assists
36      military students in transitioning to the Florida College System
37      institution or state university.
38               4.      Offer professional development training opportunities
39      for staff members on issues relating to military students.
40               5.      Provide priority course registration for military
41      students.
42               (b)         The State Board of Education and the Board of
43      Governors may establish additional criteria to identify Florida
44      College System institutions and career centers, or state
45      universities, respectively, that demonstrate a commitment to or
46      provide critical transition supports for military-connected
47      families, such as hosting an annual military recognition event,
48      partnering with a school liaison officer from a military
49      installation, supporting projects that connect the Florida
50      College System institution, state university, or career center

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        HB 845                                                                                                2023




51      with the military community, and providing outreach for military
52      parents and their children.
53               Section 2.        This act shall take effect July 1, 2023.




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                                                                                                             hb0845-00
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 845   (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 Dunkley offered the following:
4
 5          Amendment
 6          Remove lines 21-37 and insert:
7           (b)    An active duty member or veteran of the Army, Navy,
8      Air Force, Space Force, Marine Corps, or Coast Guard; a reserve
9      component of any branch of the United States military; or the
10     Florida National Guard; and his or her spouse and dependents.
11          (2)(a)   The State Board of Education shall adopt rules, and
12     the Board of Governors shall adopt regulations, to establish the
13     Collegiate Purple Star Campuses program. At a minimum, the
14     program must require a participating Florida College System
15     institution, state university, or career center to:
16          1.    Designate a staff member as a military liaison.
     005207 - h0845-line 21.docx
      Published On: 3/10/2023 6:20:20 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 845   (2023)
       Amendment No. 1


17          2.   Maintain a web page on the institution's website which
18     includes resources for military students and their families.
19          3.   Maintain a student-led transition program that assists
20     military students in transitioning to the institution.




     005207 - h0845-line 21.docx
      Published On: 3/10/2023 6:20:20 PM
                                   Page 2 of 2
HB 1247
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1247 William L. Boyd, IV, Effective Access to Student Education Grants
SPONSOR(S): Temple
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Postsecondary Education & Workforce                                                    Kiner               Kiner
       Subcommittee

    2) Higher Education Appropriations Subcommittee

    3) Education & Employment Committee

                                               SUMMARY ANALYSIS
The Effective Access to Student Education Grant Program (EASE) is a tuition assistance program serving
Florida resident, full-time, undergraduate students at eligible, independent nonprofit colleges or universities.
Currently, 34 institutions participate in the EASE program.

In Fiscal Year 2022-2023, the Legislature appropriated $75.4 million to provide 37,705 qualified students with
an average award amount of $2,000.

To promote transparency and informed consumer choice, current law requires all institutions receiving EASE
funding for their students to annually report to the Department of Education (DOE) institutional performance
against the following five statutory metrics: access rate; affordability rate; graduation rate; retention rate; and
postgraduate employment or continuing education rate. These metrics measure institutions by the percentage
of Pell-eligible students they serve; the net cost per year after accounting for federal, state, and institutional
aid; the percentage of students that graduate in six years; the percentage of students that return for a second
year after their first; and the percentage of students that obtain employment or continue their education after
graduation. Each eligible institution must also post its performance on the metrics prominently on its website.

To incentivize institutions to improve outcomes for grant recipient students, the bill proposes to tie institutional
eligibility for participation in the EASE program to performance against the metrics. Under the bill, an institution
must meet or exceed the minimum benchmark on any three out of the five metrics to be eligible for its students
to receive funding. The base per student award amount will be determined by the General Appropriations Act.
Students attending an eligible institution may be eligible to receive an additional, plus-up award of $500 if, and
only if, their institution meets or exceeds the bill’s workforce graduation rate, which measures degree
production in an in-demand field.

To enable the Legislature to incorporate a metric related to graduate employment in field of study, the bill
revises the institutional and DOE reporting requirements to require collection of data on the percentage of
grant recipient graduates who obtain employment in their field of study within 120 days after graduation. This
data will likely be collected through a survey instrument.

The bill clarifies transparency requirements and adds a disclosure requirement. Each institution must provide
each resident student with data on its performance on the metrics, the net cost to complete the student’s
degree, and expected earnings 1, 5, and 10 years after graduation based on the chosen major. The
institution’s president or chief administrative officer must certify the institution is in compliance with the
reporting, disclosure, and transparency requirements in order for the institution to be eligible for EASE funds.

The fiscal impact is indeterminate. See Fiscal Comments.

The bill is effective 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: h1247.PEW
DATE: 3/9/2023
                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Effective Access to Student Education (EASE) Tuition Assistance Program

         Present Situation

         The Effective Access to Student Education Grant Program (EASE) is a tuition assistance program
         administered by the Department of Education (DOE) 1 with the following parameters:
            • Student eligibility requirements: 2
                o Must be enrolled as a full-time undergraduate student at an eligible college or university in a
                    program of study leading to a baccalaureate degree.
                o Must not be enrolled in a program of study leading to a degree in theology or divinity.
                o Must be making satisfactory academic progress as defined by the State Board of Education.
                o Must not have completed more than 110 percent of the degree program enrolled in.
            • Institutional eligibility requirements: 3
                o Must be an independent nonprofit college or university.
                o Must be located in and chartered by the state of Florida.
                o Must be accredited by the Commission on Colleges of the Southern Association of Colleges
                    and Schools.
                o Must grant baccalaureate degrees.
                o Must not be a state university or Florida College System institution; and
                o Must have a secular purpose, so long as the receipt of state aid by students at the institution
                    would not have the primary effect of advancing or impeding religion or result in an excessive
                    entanglement between the state and any religious group.

         Funding for EASE is appropriated in the General Appropriations Act (GAA). 4 Award amounts may be
         prorated based on the number of students eligible to receive the award. As specified in the Fiscal Year
         (FY) 2022-2023 GAA, the Legislature appropriated funds to support 37,705 qualified Florida residents
         with an award of $2,000, 5 at 34 EASE-eligible institutions. The total appropriation for FY 2022-23 was
         $75.4 million.

         All institutions that receive EASE funding are required to submit an annual accountability report to the
         DOE with the most recently available information on Florida resident students and include, at a
         minimum, the following performance metrics, by institution: 6
              • Access rate based upon percentage of Pell-eligible students;
              • Affordability rate based upon average student loan debt; federal, state, and institutional financial
                  assistance; and average tuition and fees;
              • Graduation rate;
              • Retention rate; and
              • Postgraduate employment or continuing education rate.

         DOE must recommend minimum performance standards that EASE institutions must meet to remain
         eligible to receive grant funds. 7 By October 1 of each year, DOE must submit a report to the chair of the
         House Appropriations Committee, the chair of the Senate Appropriations Committee, and the
         Governor’s Office of Policy and Budget on the performance of eligible institutions and the institutions
         that have not met the minimum performance standards recommended by the department. 8


1
  S. 1009.89(2), F.S.
2
  S. 1009.89(4), F.S.
3
  S. 1009.89(3), F.S.
4
  S. 1009.89(5), F.S.
5
  See Specific Appropriation 58, ch. 2022-156, L.O.F.
6
  S. 1009.89(5)(c), F.S.
7
  Id.
8
  S. 1009.89(5)(d), F.S.
STORAGE NAME: h1247.PEW                                                                                      PAGE: 2
DATE: 3/9/2023
         During the October 2022 reporting period, the DOE recommended the following performance
         standards:




         Also by October 1 each year, each institution that is eligible for an EASE Grant must prominently post
         on its website its performance on the metrics, as reported to DOE. 9

         Effect of Proposed Changes

         To incentivize institutions to improve outcomes for grant recipient students, the bill proposes to tie
         institutional eligibility for participation in the EASE program to performance against the metrics. Under
         the bill, an institution must meet or exceed the minimum benchmark on any three out of the five metrics
         to be eligible for its students to receive funding. To accomplish this, the bill establishes a tiered
         structure for award amounts. If an institution meets no more than 2 out of 5 benchmarks, they will be
         placed in Tier 3; if an institution meets or exceeds at least 3 out of 5 benchmarks, they will be placed in
         Tier 2; if an institution meets the requirements of a Tier 2 institution and also meets or exceeds a
         workforce graduation rate of 56 percent, it will be placed in Tier 1.

         The award amount for Tier 2 will be as specified in the GAA. The award amount for Tier 1 will be $500
         higher than the Tier 2 award. The award amount for Tier 3 will be $0.

         For fiscal year 2023-2024, the benchmarks and minimum standards for each benchmark are as
         follows 10:
                                                 Metric                       Benchmark
                                                                               (2023-24)
                              Access Rate                                         32%
                              Affordability Rate                                 $7,263
                              Graduation Rate                                     45%
                              Retention Rate                                      65%
                              Postgraduate Employment/Continuing Ed Rate          64%

         To ensure continuous improvement of the state’s independent colleges and universities, the bill
         requires the DOE continue to recommend minimum benchmarks that increase annually and strategies
         for improvement.
         To enable the Legislature to incorporate a metric related to graduate employment in field of study, the
         bill revises the institutional and Department of Education reporting requirements to require collection of
         data on the percentage of grant recipient graduates who obtain employment in their field of study within
         120 days after graduation. This data will likely be collected through a survey instrument.

         The bill replaces the requirement institutions post their performance prominently on their websites with
         a disclosure requirement. Each institution must provide each resident student with data on its

9 S. 1009.89(5)(c), F.S.
10 EASE Accountability Report 2022, accessible here:

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3192&Session=20
23&DocumentType=Meeting+Packets&FileName=hea+1-25-23.pdf. See presentation pages 10-14 (PDF pages 13-16).
STORAGE NAME: h1247.PEW                                                                                       PAGE: 3
DATE: 3/9/2023
       performance on the metrics, the net cost to complete the student’s degree, and expected earning 1, 5,
       and 10 years after graduation based on the chosen major. The institution’s president or chief
       administrative officer must certify the institution is in compliance with the reporting, disclosure, and
       transparency requirements in order for the institution to be eligible for EASE funds.

   B. SECTION DIRECTORY:
       Section 1.     Amends s. 1009.89, F.S.; revising legislative findings; providing that tuition assistance
                      through the program shall be based on specified performance metrics and tiers; revising
                      eligibility criteria for institutions and persons to participate in the program; revising the
                      requirements for a specified report institutions must annually submit; removing a
                      requirement that such report be posted on certain websites; providing for annual
                      minimum performance benchmarks and standards; providing requirements for such
                      benchmarks and standards; requiring the legislature to annually adopt benchmarks and
                      standards for specified purposes and evaluate institutions based on such benchmarks
                      for tier placement; providing funding requirements for such institutions based on such
                      tiers.

       Section 2.     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:
           See Fiscal Comments.

   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 fiscal impact is indeterminate. The creation of a tiered award amount structure for the EASE
       program will have varying impacts on institutions and students based upon institutional relative
       performance.

                                   Totals                           Institutions
                                   Tier 1 – Tier 2 + $500           15
                                   Tier 2 – As specified in GAA     12
                                   Tier 3 - $0                      7

       The bill specifies the award amount for Tier 2 will be as specified in the GAA. The fiscal impact may be
       determined after publication of the FY 2023-2024 GAA.


STORAGE NAME: h1247.PEW                                                                                     PAGE: 4
DATE: 3/9/2023
                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          None. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h1247.PEW                                                               PAGE: 5
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           HB 1247                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to the William L. Boyd, IV, Effective
    3                Access to Student Education grants; amending s.
    4                1009.89, F.S.; revising legislative findings;
    5                providing that tuition assistance through the program
    6                shall be based on specified performance metrics and
    7                tiers; revising eligibility criteria for institutions
    8                and persons to participate in the program; revising
    9                the requirements for a specified report institutions
10                   must annually submit; removing a requirement that such
11                   report be posted on certain websites; providing for
12                   annual minimum performance benchmarks and standards;
13                   providing requirements for such benchmarks and
14                   standards; requiring the legislature to annually adopt
15                   benchmarks and standards for specified purposes and
16                   evaluate institutions based on such benchmarks for
17                   tier placement; providing funding requirements for
18                   such institutions based on such tiers; providing an
19                   effective date.
20
21         Be It Enacted by the Legislature of the State of Florida:
22
23                   Section 1.       Section 1009.89, Florida Statutes, is amended
24         to read:
25                   1009.89     The William L. Boyd, IV, Effective Access to

                                                         Page 1 of 8

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        HB 1247                                                                                               2023




26      Student Education grants.—
27                (1)       The Legislature finds and declares that independent
28      nonprofit colleges and universities eligible to participate in
29      the William L. Boyd, IV, Effective Access to Student Education
30      Grant Program are an integral part of the higher education
31      system in this state and that a significant number of state
32      residents choose this form of higher education. The Legislature
33      further finds that a strong and viable system of high-performing
34      independent nonprofit colleges and universities reduces the tax
35      burden on the citizens of the state. Because the William L.
36      Boyd, IV, Effective Access to Student Education Grant Program is
37      not related to a student's financial need or other criteria upon
38      which financial aid programs are based, but is instead based on
39      specified performance metrics for each eligible institution, it
40      is the intent of the Legislature that the William L. Boyd, IV,
41      Effective Access to Student Education Grant Program not be
42      considered a financial aid program but rather a tuition
43      assistance program for its citizens. Such tuition assistance
44      shall be tiered based on each eligible institution's performance
45      metrics.
46                (2)       The William L. Boyd, IV, Effective Access to Student
47      Education Grant Program shall be administered by the Department
48      of Education. The State Board of Education shall adopt rules for
49      the administration of the program.
50                (3)       An institution is eligible to participate in the

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        HB 1247                                                                                               2023




51      department shall issue through the program a William L. Boyd,
52      IV, Effective Access to Student Education grant program if the
53      institution is to any full-time degree-seeking undergraduate
54      student registered at an independent nonprofit college or
55      university which is located in and chartered by the state; which
56      is accredited by the Commission on Colleges of the Southern
57      Association of Colleges and Schools; which grants baccalaureate
58      degrees; which is not a state university or Florida College
59      System institution; is in compliance with the reporting,
60      disclosure, and transparency requirements of this section and
61      other general law; and which has a secular purpose, so long as
62      the receipt of state aid by students at the institution would
63      not have the primary effect of advancing or impeding religion or
64      result in an excessive entanglement between the state and any
65      religious sect.
66                (4)       A person is eligible to receive such William L. Boyd,
67      IV, Effective Access to Student Education grant if:
68                (a)       He or she meets the general requirements, including
69      residency, for student eligibility as provided in s. 1009.40,
70      except as otherwise provided in this section.
71                (b)1.      He or she is enrolled as a full-time undergraduate
72      student at an eligible college or university that is ranked Tier
73      1 or Tier 2 under paragraph (6)(a) in a program of study leading
74      to a baccalaureate degree.
75                2.    He or she is not enrolled in a program of study leading

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         HB 1247                                                                                               2023




 76      to a degree in theology or divinity.
 77                3.    He or she is making satisfactory academic progress as
 78      defined by the State Board of Education.
 79                4.    He or she has not completed more than 110 percent of
 80      the degree program in which he or she is enrolled.
 81                (5)(a)      Funding for the William L. Boyd, IV, Effective
 82      Access to Student Education Grant Program for eligible
 83      institutions shall be as provided in the General Appropriations
 84      Act. The William L. Boyd, IV, Effective Access to Student
 85      Education grant may be paid on a prorated basis in advance of
 86      the registration period. The department shall make such payments
 87      to the college or university in which the student is enrolled
 88      for credit to the student's account for payment of tuition and
 89      fees. Institutions shall certify to the department the amount of
 90      funds disbursed to each student and shall remit to the
 91      department any undisbursed advances or refunds within 60 days of
 92      the end of regular registration. A student is not eligible to
 93      receive the award for more than 9 semesters or 14 quarters,
 94      except as otherwise provided in s. 1009.40(3).
 95                (b)       If the combined amount of the William L. Boyd, IV,
 96      Effective Access to Student Education grant issued pursuant to
 97      this act and all other scholarships and grants for tuition or
 98      fees exceeds the amount charged to the student for tuition and
 99      fees, the department shall reduce the William L. Boyd, IV,
100      Effective Access to Student Education grant issued pursuant to

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         HB 1247                                                                                               2023




101      this act by an amount equal to such excess.
102                (c)       By September 1 of each year, institutions receiving
103      funding as provided in the General Appropriations Act must
104      submit an Effective Access to Student Education Grant Program
105      Accountability Report to the Department of Education, in a
106      format prescribed by the department. The institution's president
107      or chief administrative officer shall certify in the report,
108      that the institution is in compliance with the reporting,
109      disclosure, and transparency requirements of this section and
110      other general law and that the institution has provided each
111      resident student with data on its performance on the metrics
112      listed in this paragraph, the student's net cost to complete his
113      or her degree, and, for students that have declared a major, the
114      declared major's expected earnings outcomes 1, 5, and 10 years
115      after graduation. The report must also use the most recently
116      available information on Florida resident students and include,
117      at a minimum, the following performance metrics, by institution:
118                1.    Access rate based upon percentage of Pell Grant -
119      eligible students.
120                2.    Affordability rate based upon average student loan
121      debt; federal, state, and institutional financial assistance;
122      and average tuition and fees.
123                3.    Graduation rate.
124                4.    Retention rate.
125                5.    Postgraduate employment or continuing education rate.

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         HB 1247                                                                                               2023




126                6.    Workforce graduation rate based upon the percentage of
127      grant recipient graduates in high-demand programs that are
128      included on the United States Department of Labor or Labor
129      Market Estimating Conference lists for statewide or regional
130      demand as a percentage of total grant recipient graduates.
131                7.    Workforce employment rate based on the percentage of
132      grant recipient graduates who obtain employment in their field
133      of study within 120 days after graduation as a percentage of
134      total graduates employed within 120 days after graduation.
135
136      The department shall recommend minimum performance standards
137      that institutions must meet to remain eligible to receive grants
138      pursuant to this section. Each eligible institution shall post
139      prominently on its website, by October 1 of each year, its
140      performance on these metrics, as reported to the department.
141                (d)       By October 1 of each year, the department shall submit
142      a report to the chair of the House Appropriations Committee, the
143      chair of the Senate Appropriations Committee, and the Governor's
144      Office of Policy and Budget on the performance of each eligible
145      institution. The report must also recommend annual minimum
146      performance benchmarks for the performance metrics in paragraph
147      (c) and strategies to ensure continuous improvement of eligible
148      institutions and the program. The minimum performance benchmarks
149      included in the report must increase annually.
150                (e)       For fiscal year 2023-2024, the benchmarks and minimum

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         HB 1247                                                                                               2023




151      standards for each benchmark are as follows:
152                1.    An access rate of 32 percent.
153                2.    An affordability rate of $7,263.
154                3.    A graduation rate of 45 percent.
155                4.    A retention rate of 65 percent.
156                5.    A postgraduate employment or continuing education rate
157      of 64 percent.
158                (f)       Beginning with the 2024-2025 General Appropriations
159      Act and thereafter, the Legislature must also consider each
160      institution's workforce employment rate when determining
161      institutional eligibility institutions and the institutions that
162      have not met the minimum performance standards recommended by
163      the department.
164                (6)(a)      Each year, the Legislature shall adopt benchmarks
165      and minimum standards specified in the General Appropriations
166      Act and shall evaluate each institution's performance based on
167      such benchmarks and place each institution in one of three tiers
168      for the purpose of determining award amounts. The tiers are
169      established as follows:
170                1.    Tier 1: an institution that meets the requirements of a
171      Tier 2 institution and also meets or exceeds a workforce
172      graduation rate of 56 percent.
173                2.    Tier 2: an institution that meets or exceeds at least 3
174      out of 5 benchmarks.
175                3.    Tier 3: an institution that meets no more than 2 out of

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         HB 1247                                                                                               2023




176      5 benchmarks.
177                (b)       The per student award amounts for each tier shall be
178      as follows:
179                1.    Tier 1: $500 more than the Tier 2 per student a ward
180      amount.
181                2.    Tier 2: As specified in the General Appropriations Act.
182                3.    Tier 3: $0.
183                (7)(6)      If the number of eligible students exceeds the
184      total authorized in the General Appropriations Act, an
185      institution may use its own resources to assure that each
186      eligible student receives the full benefit of the grant amount
187      authorized.
188                (8)(7)      The State Board of Education shall adopt rules to
189      implement this section.
190                Section 2.       This act shall take effect July 1, 2023.




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                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1247   (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 Temple offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 138-140 and insert:
 7     pursuant to this section. Each eligible institution shall post
 8     prominently on its website, by October 1 of each year, its
 9     performance on these metrics, as reported to the department.
10
11             -----------------------------------------------------
12                          T I T L E    A M E N D M E N T
13          Remove lines 10-11 and insert:
14     must annually submit; providing for




     887235 - h1247-line 138.docx
      Published On: 3/10/2023 6:22:50 PM
                                    Page 1 of 1
PCS for HB 999
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 999 Public Postsecondary Educational Institutions
SPONSOR(S): Postsecondary Education & Workforce Subcommittee
TIED BILLS: None. IDEN./SIM. BILLS: SB 266

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

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

                                              SUMMARY ANALYSIS
Building on the work the Legislature has undertaken over the past few years, the bill continues efforts to make
Florida’s colleges and universities among the best in the nation, ensuring that Florida’s institutions are focused
on providing a world class education to their students. The bill prohibits a state college, state university, or one
of their direct-support organizations, from expending state or federal funds on Diversity, Equity, and Inclusion
(DEI) programs or activities unless required for compliance with federal law or regulations or in support of
specified access programs. Additionally, the bill updates the responsibilities of the Board of Governors (BOG)
relating to the alignment of state university missions, including, providing direction to universities on the
removal of majors and minors based on or using instruction from Critical Theory, or any derivative subject that
engenders beliefs in divisive concepts.

The bill bolsters the authority of University Boards of Trustees (UBOT) by permitting the review of a faculty
member’s tenure status upon the request of the UBOT chair, but within parameters specified by BOG
regulation. Consistent with its constitutional responsibilities, the bill requires each UBOT to:
   • select and hire faculty for the university;
   • approve the university president’s selections for his or her executive management team; and
   • prohibit solicitation of pledges or commitments to viewpoints related to DEI, CRT, or any political
        identity or ideology, as part any hiring, promotion, admission, disciplinary, promotion, or evaluation
        process. This prohibition does not include pledges to uphold general and federal law, including the U.S.
        or state constitution.

The bill prohibits general education core courses that distort significant historical events or that use instruction
from Critical Theory and establishes new standards and adoption procedures for these courses.

The bill supports continued investment in Florida’s workforce by adding an additional standard for the
Preeminent State Research University Program related to annual research expenditures of $50 million or more
in STEM-related expenditures, funded from business and non-profit partners.

The bill re-aligns the missions of the Florida Institute of Politics at Florida State University, the Adam Smith
Center for the Study of Economic Freedom at Florida International University, and establishes the Institute for
Risk Management & Insurance Education at the University of Central Florida.

The bill revises provisions related to the Buy One, Get One Free Tuition & Fee Waiver to protect students from
losing the waiver based on a change to an approved program.

The bill has an indeterminate fiscal impact. See fiscal comments.

The effective date of the bill is July 1, 2023, except for Section 11, relating to the Buy One, Get One Free
Tuition & Fee Waiver, which is effective upon the act becoming a law.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0999.PEW
DATE: 3/9/2023
                                                      FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Diversity, Equity, and Inclusion

        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. 1 The
        impetus behind DEI initiatives is the belief that having a more diverse representation coupled with
        creating space where everyone feels a sense of belonging and can bring their authentic selves to
        work/learn/earn, is better for the business. 2

        However, research indicates that DEI initiatives may have negative impacts that directly undermine the
        reported goals of the programs. 3 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. 4 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. 5 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. 6 As part of this request, each institution was required to detail the following administrative
        expenses associated with each program or activity: 7 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. 8 A summation of expenditures is below. 9

                                         Total DEI             Total State            Percentage of
                University                                                                                      Total FTE
                                         Funding                 Funding              State Funding
          University of Florida      $5,333,914              $3,381,330             63%                       43.278
          Florida State              $2,454,591              $2,248,382             92%                       74
          University


1
  See Florida International University, Diversity Equity and Inclusion Institutional Goals, https://dei.fiu.edu/our-
foundations/institutional-goals/index.html (last visited Mar. 1, 2023)
2
  Id.
3
  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. 1, 2023)
4
  Id.
5
  Id.
6
  Executive Office of the Governor, Memorandum # 23-021, Higher Education Program and Activity Survey, December 28, 2022.
7
  Id.
8
  Florida Board of Governors, Combined SUS DEI Response, available at
https://drive.google.com/file/d/1vQbcRDZmWzewqD_vuFx97zjTIscoG1O8/view.
9
  Id.
STORAGE NAME: pcs0999.PEW                                                                                                PAGE: 2
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          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 10
          University of West             $909,704                 $806,398                 89%                         11.4054
          Florida
          University of Central          $4,473,498               $2,294,311               51%                         25.80
          Florida
          Florida International          $3,126,827               $2,256,732               72%                         21.1686
          University
          University of North            $3,518,349               $1,788,856               51%                         25
          Florida
          Florida Golf Coast             $382,022                 $317,662                 83%                         4.617
          University
          Florida Polytechnic            $8,363                   $8,363                   100%                        .11
          University
          New College of                 $290,449                 $288,335                 99%                         2.05
          Florida
          Total                          $34,501,886              $20,735,902              60%                         279.256


         The data reported to the Legislature reflected expenditures on DEI positions, programs, and courses. 11
         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. 12 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. 13

         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, and gender/sexuality by
         focusing on how these categories are socially constructed, maintained, and experienced.” 14 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.” 15

         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.” 16 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. 17

10
   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.
11
   Florida Board of Governors, Combined SUS DEI Response, available at
https://drive.google.com/file/d/1vQbcRDZmWzewqD_vuFx97zjTIscoG1O8/view.
12
   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.
13
   Id. at 16.
14
   Id. at 9.
15
   Id. at 11.
16
   Id. at 18.
17
   Id.
STORAGE NAME: pcs0999.PEW                                                                                                          PAGE: 3
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         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. 18 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
         pursuit of truth in teaching and learning. 19 Specifically, by February 1, 2023, the presidents of FCS
         institutions agreed to evaluate and eliminate all anti-discrimination instruction, training, and policies. 20

         Florida Educational Equity Act

         The Florida Educational Equity Act 21 (“FEEA”) requires equal access to, and prohibits discrimination
         against, any student or employee of the state’s K-20 public education system on the basis of race,
         color, national origin, sex, disability, religion, or marital status. 22 No individual may, on such bases, be
         excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
         public K-20 education program or activity, or in any employment conditions or practices, conducted by
         a public educational institution that receives or benefits from federal or state financial assistance. 23
         Additionally, the prohibition on discrimination extends to participation in any interscholastic,
         intercollegiate, club, or intermural athletics offered by a public K-20 educational institution, and no K-20
         education institution may provide athletics separately on such basis, except as provided by law. 24
         Further, the FEEA expressly requires that any discrimination motivated by anti-Semitic 25 intent be
         treated in an identical manner to discrimination motivated by race. 26

         The FEEA provides that to subject any student or employee to training or instruction that espouses,
         promotes, advances, inculcates, or compels such student or employee to believe any of the following
         concepts constitutes discrimination on the basis of race, color, national origin, or sex:
            • Members of one race, color, national origin, or sex are morally superior to members of another
               race, color, national origin, or sex.
            • A person, by virtue of his or her race, color, national origin, or sex, is inherently racist, sexist, or
               oppressive, whether consciously or unconsciously.
            • A person’s moral character or status as either privileged or oppressed is necessarily determined
               by his or her race, color, national origin, or sex.
            • Members of one race, color, national origin, or sex cannot and should not attempt to treat others
               without respect to race, color, national origin, or sex.


18
   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).
19
   Id.
20
   Id.
21
   Section 1000.05(1), F.S.
22
   Section 1000.05(2)(a), F.S.
23
   Id. Students may be separated for permissible single gender programs, for portions of a class that deals with human reproduction, or
during participation in bodily contact sports. S. 1000.05(2)(d), F.S. All K-20 public education classes and guidance services must be
made available to students without regard to any of the bases described above. S. 1000.05(2)(c) and (e), F.S.
24
   Section 1000.05(3)(a), F.S. Public K-20 educational institutions are authorized to maintain separate teams for members of each
gender or based on ability in certain circumstances. S. 1000.05(3)(b)-(c), F.S. It is the responsibility of the Board of Governors and the
Commissioner of Education to determine whether equal athletic opportunities are provided for both genders at state universities and in
school districts and Florida College Systems, respectively. S. 1000.05(3)(d), F.S.
25
   For purposes of this section, the term “anti-Semitism” includes a certain perception of the Jewish people, which may be expressed
as hatred toward Jewish people, rhetorical and physical manifestations of anti-Semitism directed toward a person, his or her property,
or toward Jewish community institutions or religious facilities. S. 1005.05(7), F.S. The FEEA also lists examples of anti-Semitism. S.
1000.05(7)(a)-(b), F.S.
26
   Section 1000.05(7), F.S.
STORAGE NAME: pcs0999.PEW                                                                                                         PAGE: 4
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             •   A person, by virtue of his or her race, color, national origin, or sex, bears responsibility for, or
                 should be discriminated against or receive adverse treatment because of, actions committed in
                 the past by other members of the same race, color, national origin, or sex.
             •   A person, by virtue of his or her race, color, national origin, or sex, should be discriminated
                 against or receive adverse treatment to achieve diversity, equity, or inclusion.
             •   A person, by virtue of his or her race, color, sex, or national origin, bears personal responsibility
                 for and must feel guilt, anguish, or other forms of psychological distress because of actions, in
                 which the person played no part, committed in the past by other members of the same race,
                 color, national origin, or sex.
             •   Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial
                 colorblindness are racist or sexist, or were created by members of a particular race, color,
                 national origin, or sex to oppress members of another race, color, national origin, or sex. 27

        The FEEA is implemented by the Board of Governors through regulations 28 and rules adopted by the
        State Board of Education (“SBE”). 29 Additionally, the Office of Equal Educational Opportunity, within the
        Department of Education (“DOE”), serves implementation functions including, but not limited to, the
        following: 30
             • Requiring all district school boards and Florida College System (“FCS”) institution boards of
                trustees to develop and submit plans for the implementation of the FEEA to the DOE.
             • Requiring all district school boards and Florida College System institution boards of trustees to
                submit data and information necessary to determine compliance with the FEEA.
             • Developing and implementing enforcement mechanisms with appropriate penalties to ensure
                that public K-12 schools and Florida College System institutions comply with Title IX of the
                Education Amendments of 1972 and the FEEA.
             • Reporting to the Commissioner of Education (“Commissioner”) any district school board or FCS
                institution board of trustees found to be out of compliance with the FEEA or the rules
                implementing the FEEA.

        The FEEA provides a cause of action for anyone aggrieved by a violation of the FEEA. Such an
        individual is authorized to seek equitable relief and, should he or she prevail, he or she may be
        awarded reasonable attorney fees and court costs. 31

        Effect of Proposed Changes

        The bill requires the BOG, in its periodic review of the alignment of institutional missions, to direct
        universities to remove any specified majors or minors that are based on or otherwise use pedagogical
        methodology associated with Critical Theory, including, but not limited to, Critical Race Theory, Critical
        Race Studies, Critical Ethnic Studies, Radical Feminist Theory, Radical Gender Theory, Queer Theory,
        Critical Social Justice, or Intersectionality, as defined in Board of Governors regulation, or that includes
        curriculum that violates the FEEA.

        The bill prohibits the expenditure of state and federal funds by any FCS institution, state university, or
        their DSOs to promote, support or maintain any programs or campus activities that violate the FEEA,
        advocate for diversity, equity, and inclusion; promote or engage in political or social activism; or include
        or espouse, as government speech or expressive activity of the FCS institution, state university, or
        DSO speaking or acting on the FCS institution’s or state university’s behalf, any preferential treatment
        or special benefits to individuals on the basis of race, color, national origin, sex, disability, or religion.
        The bill provides an exemption from this prohibition for the use of student fees by student-led
        organizations provided the public funds are allocated to student-led organizations pursuant to written
        policies or regulations of each FCS institution or state university. Additionally, the prohibition does not
        extend to programs required for compliance with federal laws or regulations, or access programs for

27
   Section 1000.05(4), F.S.
28
   Florida Board of Governors, Regulation 2.003.
29
   Chapter 6A-19, F.A.C.
30
   Section 1000.05(6), F.S.
31
   Section 1000.05(8), F.S.
STORAGE NAME: pcs0999.PEW                                                                                      PAGE: 5
DATE: 3/9/2023
        military veterans, Pell Grant recipients, first generation college students, nontraditional students, “2+2”
        transfer students, students from low-income families, or students with unique abilities. The bill
        authorizes the SBE and the BOG to adopt rules and regulations, respectively, to implement this
        prohibition.

        The bill amends existing prohibition on expenditure for membership in, or the purchase of goods or
        services from, any organization that discriminates on the basis of race, color, national origin, sex,
        disability, or religion.

        Postsecondary General Education Core Courses

        Present Situation

        State Level Requirements for Public Educational Institution Curriculum

        “The Supreme Court has long recognized that ‘[a] university’s mission is education,’ and it ‘has never
        denied a university’s authority to impose reasonable regulations compatible with that mission upon the
        use of its campus and facilities.’” 32 Further, the Supreme Court has stated, “by and large, public
        education in our Nation is committed to the control of state and local authorities.” 33 To that end,
        universities may generally make content-based decisions “as to how best to allocate scarce resources
        or ‘to determine for itself on academic grounds who may teach, what may be taught, how it shall be
        taught, and who may be admitted to study.’” 34

        General Education Core Courses

        General education courses are an integral component of an undergraduate degree program and the
        component of a degree program where students encounter the basic content and methodology of the
        principal areas of knowledge: communication, mathematic, social sciences, humanities, and natural
        sciences. 35

        An associate in arts degree at a FCS or SUS institution must consist of no more than 60 semester
        hours of college credit and include 36 semester hours of general education course work. 36 For a
        baccalaureate degree, it must be no more than 120 semester hours of college credit, unless prior
        approval has been granted by the BOG or the SBE, as applicable, and include 36 semester hours of
        general education coursework. 37

        Since academic year 2015-2016, students entering a FCS or SUS institution are required to complete
        at least one identified core course in the subject areas of communication, mathematics, social
        sciences, humanities, and natural sciences. 38 All public postsecondary educational institutions are
        required to accept these courses as meeting general education core course requirements. 39 After
        completing the general education core course requirement, the remaining courses and credits that fulfill
        the total 36-hour general education requirement for an associate in arts or baccalaureate degree are at
        the discretion of the FCS or SUS institution. 40

        Effect of Proposed Changes



32
   Pernell v. Florida Board of Governors, et. al., No. 4:22-cv-00324-MW-MAF (N.D. Fla. Nov. 17, 2022) (order granting in part and
denying in part preliminary injunction) (quoting Widmar v. Vincent, 454 U.S. 263, 267 n.5 (1981)).
33
   Epperson v. Arkansas, 393 U.S. 97, 104 (1968).
34
   Widmar, 454 U.S. at 278 (quoting Sweezy v. New Hampshire, 354 U.S. 234, 263 (1957) (Frankfurter, J., concurring in result))
35
   Section 1007.25(3), F.S.
36
   Section 1007.25(8), F.S.
37
   Section 1007.25(9), F.S.
38
   Section 1007.25(3), F.S.
39
   Id.
40
   Florida Board of Governors, General Education Core Course Options, Regulation 8.005(1) and Rule 6A-14.0303(5), F.A.C.
STORAGE NAME: pcs0999.PEW                                                                                                 PAGE: 6
DATE: 3/9/2023
       As general education core courses provide the basis on which all students at Florida’s public
       postsecondary educational institutions begin their education, the bill provides legislative findings that
       these courses provide rigorous general education courses that study and articulate the values and
       knowledge necessary to preserve the constitutional republic and the economic ingenuity of its citizens
       through proven, historically accurate, and high-quality coursework. The bill’s legislative findings further
       provide that courses with a curriculum based on unproven, disproven, theoretical, speculative, or
       exploratory content are best suited to fulfill elective or specific program prerequisite credit
       requirements, rather than general education credit requirements.

       The bill updates the requirements for the faculty committee responsible for reviewing general education
       core courses and making recommendations to the Articulation Coordinating Committee for approval by
       the Commissioner of Education and the Chancellor of the State University System of courses for
       inclusion in the statewide course numbering system. The bill requires that the faculty committee review
       courses and make recommendations to the Articulation Coordinating Committee, the Commissioner of
       Education, and the Chancellor of the State University System, by July 1, 2024 and by July 1 every 3
       years thereafter, for the removal, alignment, realignment, or addition of general education core courses
       that meet statutory requirements. The bill removes the limitation of five general education core courses
       per subject area.

       The bill requires that the Articulation Coordinating Committee, by December 1, 2024, and by December
       1 annually thereafter, submit to the SBE and the BOG the general education core courses that have
       been approved to be used by public postsecondary educational institutions. General education courses
       must meet the following criteria:
          • Must be in the general education core subject areas and meet the statutory course standards;
          • Must be offered by at least half of all public postsecondary educational institutions per system;
          • Must be identified as lower level in the Statewide Course Numbering System; and
          • Must, whenever applicable, and as defined by regulations or rules of the Board of Governors or
               State Board of Education, provide instruction on the historical background and philosophical
               foundation of Western civilization and this nation's founding documents, including the
               Declaration of Independence, the United States Constitution, the Bill of Rights and subsequent
               amendments thereto, and the Federalist Papers.

       The bill prohibits any general education core course that distorts significant historical events or that use
       instruction from Critical Theory, including but not limited to Critical Race Theory, Critical Race Studies,
       Critical Ethnic Studies, Radical Feminist Theory, Radical Gender Theory, Queer Theory, Critical Social
       Justice, or Intersectionality. General education core courses must also meet the following standards:
           • Communication courses must afford students the ability to communicate effectively, including
                the ability to write clearly and engage in public speaking.
           • Humanities courses must afford students the ability to think critically through the mastering of
                subjects concerned with human culture, especially literature, history, art, music and philosophy,
                and must include selections from the Western Canon.
           • Social science courses must afford students an understanding of the basic social and
                behavioral science concepts and principles used in the analysis of behavior as well as social,
                political and economic issues, including past and present.
           • Natural science courses must afford students the ability to critically examine and evaluate the
                principles of the scientific method, model construction, and use of the scientific method to
                explain natural experiences and phenomena.
           • Mathematics courses must afford students a mastery of foundational mathematical and
                computation models and methods by applying such models and methods in problem solving.

       The bill requires that all public postsecondary educational institutions offer at least one general
       education core course in each identified subject area and accept credits earned in approved general
       education core courses upon transfer, regardless of whether the identical course is offered at the
       institution.

       The bill requires public postsecondary education institutions to annually review, at a public meeting, the
       general education core course offered at the institution. Failure to comply with this requirement would
STORAGE NAME: pcs0999.PEW                                                                                   PAGE: 7
DATE: 3/9/2023
         preclude the institution from receipt of performance-based funding. To ensure consistency in reporting
         and assist with compliance review, institutions must report courses meeting the institutional general
         education subject requirements to the DOE by the statewide course number.

         Postsecondary Workforce Alignment

         Present Situation

         Credentials Review Committee

         Appointed by CareerSource Florida, the Credentials Review Committee (committee) identifies non-
         degree credentials and degree credentials of value for approval and inclusion on a Master Credentials
         List. Credentials must include registered apprenticeship programs, industry certifications, licenses,
         advanced technical certificates, college credit certificates, career certificates, applied technology
         diplomas, associate degrees, baccalaureate degrees, and graduate degrees. 41

         The committee is responsible for establishing a definition for credentials of value for Florida and
         creating a framework of quality. The framework must align with federally funded workforce
         accountability requirements and undergo biennial review. As required by law, the minimum criteria to
         determine value for non-degree credentials include:
            • Evidence the credential meets labor market demand as identified by the Labor Market
                Estimating Conference or meets local demand as identified in the criteria adopted by the
                Credentials Review Committee.
            • Evidence the competencies mastered upon completion of the credential are aligned with labor
                market demand.
            • Evidence of employment and earnings outcomes for individuals after obtaining the credential.
                Earnings outcomes must provide middle-level to high-level wages with preference given to
                credentials generating high-level wages. 42

         The Credentials Review Committee must establish the criteria to determine value for degree programs.
         Such criteria must be used by the BOG to designate programs of strategic emphasis and to guide the
         development of program standards and benchmarks for career education programs. 43 The Credentials
         Review Committee shall establish a process for prioritizing nondegree credentials and degree
         programs based on critical statewide or regional shortages. 44

         The committee must establish a process for the following:
            • prioritizing non-degree credentials and degree programs based on critical statewide or regional
               shortages;
            • at a minimum, quarterly review and approval of credential applications which must be used to
               develop the Master Credentials List;
            • annual review of the Master Credentials List;
            • phasing out credentials on the Master Credentials List that no longer meet the framework of
               quality;
            • designating performance funding eligibility for credentials earned by postsecondary students,
               based upon the highest available certification; and
            • linking Classifications of Instructional Programs (CIP) to Standard Occupational Classifications
               (SOC) for all new credentials of value identified on the Master Credentials List. 45




41
   Section 445.004(4)(h)1., F.S.
42
   Section 445.004(4)(h)4., F.S.
43
   Section 445.004(4)(h)5., F.S.
44
   Section 445.004(4)(h)6., F.S.
45
   Section 445.004(4)(h)7., F.S.
STORAGE NAME: pcs0999.PEW                                                                                 PAGE: 8
DATE: 3/9/2023
        All information pertaining to the committee, the process for the approval of credentials of value, and the
        Master Credentials List must be made publicly available and easily accessible on all relevant state
        agency websites. 46

        Effect of Proposed Changes

        The bill requires that the BOG address institutional alignment of programs to support Florida’s existing
        and emerging workforce needs. Additionally, the BOG strategic plan must include criteria for non-
        degree credentials.

        The bill clarifies that the BOG must annually require state universities to provide each enrolled student,
        before registration, electronic access to the economic security report of employment and earning
        outcomes prepared by the Department of Economic Opportunity.

        State University Personnel

        Present Situation

        Background

        Under current law, the BOG is generally responsible for establishing the personnel program for all
        employees of a state university. 47 Additionally, the BOG must confirm the presidential selection and
        reappointment of a president by a UBOT. 48

        The BOG has adopted regulations establishing the powers and duties of SUS institution UBOTs. 49
        Included in this regulation are the following requirements for each institution’s personnel systems: 50
            • Each board of trustees shall provide for the establishment of the personnel program for all the
               employees of the university, including the president, which may include but is not limited to:
               compensation and other conditions of employment, recruitment and selection,
               nonreappointment, standards for performance and conduct, evaluation, benefits and hours of
               work, leave policies, recognition and awards, inventions and works, travel, learning
               opportunities, exchange programs, academic freedom and responsibility, promotion,
               assignment, demotion, transfer, tenure, and permanent status, ethical obligations and conflicts
               of interest, restrictive covenants, disciplinary actions, complaints, appeals and grievance
               procedures, and separation and termination from employment.
            • Each board of trustees shall act as the sole public employer with regard to all public employees
               of its university for the purposes of collective bargaining, and shall serve as the legislative body
               for the resolution of impasses with regard to collective bargaining matters.
            • Each board of trustees shall select its university president subject to confirmation of the
               candidate by the Board of Governors and in accordance with the requirements of the BOG. 51
            • Each board of trustees shall develop guidelines for the annual evaluation of the president.
            • Each board of trustees shall conduct an annual evaluation of the president.

        Tenure at Florida’s Universities

        As provided in s. 7(d), Art. IX of the State Constitution, the Board of Governors (BOG) is charged with
        operating, regulating, controlling, and being fully responsible for the management of the State
        University System. However, the State Constitution explicitly provides the BOG’s management is
        subject to the powers of the Legislature to appropriate for the expenditure of funds. 52


46
   Section 445.004(4)(h)2., F.S.
47
   Section 1001.706(6)(a), F.S.
48
   Id.
49
   Board of Governors, Regulation 1.001 University Board of Trustees Powers and Duties.
50
   Board of Governors, Regulation 1.001(5) University Board of Trustees Powers and Duties.
51
   Board of Governors, Regulation 1.002 Presidential Search and Selection.
52
   Art. IX, s. 7(d), Fla. Const.
STORAGE NAME: pcs0999.PEW                                                                                    PAGE: 9
DATE: 3/9/2023
         Prior to August 2008, the Florida Board of Governors had a regulation covering faculty tenure and
         permanent status. 53 The regulation required tenure criteria to address the areas of teaching, research
         and other scholarly activities, and service to the public, the discipline, and the university including those
         professional responsibilities consistent with faculty status. 54 The regulation further required the criteria
         to take into account the mission and needs of the institution, place appropriate emphasis on teaching
         and teaching related scholarship, and ensure teaching performance be prominently considered in the
         award of tenure. 55 Pursuant to the regulation, the decision to recommend an employee for tenure was
         required to be made no later than the sixth year of continuous full-time service or equivalent part-time
         service in a tenure earning position. 56 In 2008, the regulation was repealed. 57

         To coincide with the repeal of the BOG’s tenure regulation, the BOG adopted a regulation tasking each
         university board of trustees (UBOT) with establishing the personnel system for all state university
         employees, including the president and faculty. 58 This responsibility includes, among other things,
         tenure, permanent status, compensation, recruitment and selection, standards for performance and
         conduct, evaluation, promotion, nonreappointment, disciplinary actions, and separation and termination
         from employment. 59

         In 2022, the Legislature authorized the BOG to adopt a regulation that requires each tenured state
         university faculty member to undergo a comprehensive post-tenure review. Any regulation adopted by
         the BOG pursuant to this authority must address:
             • Accomplishments and productivity;
             • Assigned duties in research, teaching, and service;
             • Performance metrics, evaluations, and ratings; and
             • Recognition and compensation considerations, as well as improvement plans and
                consequences for underperformance. 60

         The BOG is currently in the process of adopting a regulation governing post-tenure review. The public
         comment period for the proposed regulation is closed the proposed regulation is awaiting final approval
         by the BOG. 61

         Effect of Proposed Changes

         Consistent with the constitutional authority for oversight of SUS institutions, the bill clarifies that each
         UBOT is responsible for hiring faculty. The role of the president of the university is to provide
         recommendations to the UBOT. Neither the president nor the UBOT are bound by the
         recommendations or opinions of faculty or other groups. The UBOT is authorized to delegate hiring
         authority to the president of the university however the president may not delegate such authority
         outside of his or her executive management team within the president’s office.

         The bill prohibits an institution from soliciting pledges, except pledges to uphold general or federal law
         or the constitutions of the United States and Florida, or statements or commitments for or against
         certain viewpoints about diversity, equity, and inclusion, Critical Race Theory rhetoric, or political
         identity or ideology, as part of any hiring, promotion, disciplinary, or evaluation process, including as
         part of applications for employment, promotion and tenure applications, conditions of employment, job
         qualifications, job descriptions, or performance evaluations, or as part of any admissions or student


53
   See Board of Governors, Regulation 5.940 Tenure and Permanent Status, repealed August 7, 2008.
54
   Id.
55
   Id.
56
   Id.
57
   Id.
58
   Florida Board of Governors, Regulations 1.001 University Board of Trustees Powers and Duties, (5)(a), available at
https://www.flbog.edu/wp-content/uploads/1_001-PowersandDuties.pdf and Section 1001.706(6), F.S.
59
   Id.
60
   Section 1001.706(6)(b), F.S.
61
   Florida Board of Governors, Proposed Regulations, https://www.flbog.edu/regulations/proposed-regulations/ (last visited Mar. 1,
2023).
STORAGE NAME: pcs0999.PEW                                                                                                   PAGE: 10
DATE: 3/9/2023
         disciplinary process, including as part of any admissions applications or orientations. This prohibition
         applies to all students and employees at the university, including the president of the university.

         The bill requires that the BOG’s post-tenure review regulation must set forth the factors that constitute
         ‘cause’ for purposes of tenure review. These factors must include, at a minimum, poor performance,
         negligence, inefficiency or inability to perform assigned duties, insubordination, violation of applicable
         law or rule, conduct unbecoming a public employee, misconduct, drug abuse, or conviction of any
         crime. The bill authorizes each institution to initiate a post-tenure review of a faculty member at any
         time for cause. Subject to the requirements of the BOG’s post-tenure review regulation and upon the
         request of the chair, the bill authorizes the UBOT to bring up for review a faculty member’s tenure
         status.

         The bill requires the UBOT to approve the university president’s appointment of his or her executive
         management team, including the provost, and the terms of their contracts. The bill requires that
         contracts for executive management team personnel other than the president, including but not limited
         to, provosts, explicitly provide that the duties of the individual are limited to administrative oversight and
         operational supervision of curricular, instructional and research affairs, as applicable to the position.

         The bill requires that each university president present, annually, to his or her respective UBOT the
         results of performance evaluations and associated salaries of all evaluated academic and
         administrative personal earning more than $100,000, regardless of the source of funding. The results
         may be presented in a summary or written format.

         Preeminent State Research Universities Program

         Present Situation

         The Preeminent State Research Universities Program is a collaborative partnership between the BOG
         and the Legislature to raise the academic and research preeminence of the highest performing state
         research universities in Florida. 62 A state university that meets at least 11 of the 12 academic and
         research excellence standards specified in law may be designated a “preeminent state research
         university.” 63 A state research university that meets at least 6 of the 12 standards may be designated
         as an “emerging preeminent state research university.” 64The academic and research excellence
         standards include: incoming freshman academic characteristics (average weighted GPA and average
         ACT or SAT score); institutional ranking nationally; freshman retention rate; four-year graduation rate;
         national academy membership of institution faculty; research expenditures in excess of $200 million;
         research expenditures in diversified nonmedical sciences in excess of $150 million; research
         expenditure national ranking; patents awarded annually; doctoral degrees awarded annually;
         postdoctoral appointees annually; and institutional endowment. 65 Currently, the University of Florida,
         Florida State University, and the University of South Florida are designated as preeminent state
         research universities. 66 The BOG is required to annually report on each standard in the BOG
         Accountability Plan. 67

         In addition to preeminent and emerging preeminent state research universities, the BOG is required to
         identify standards and measures to identify State Universities of Distinction across the state university


62
   Section 1001.7065(1), F.S.
63
   Section 1001.7065(3)(a), F.S.
64
   Section 1001.7065(3)(b), F.S.
65
   Section 1001.7065(2), F.S. The research expenditures standards are comprised of two measures, one for total annual research
expenditures, including federal research expenditures, of $200 million or more as reported by the National Science Foundation (NSF),
and the other for total annual research expenditures in diversified nonmedical sciences of $150 million or more, based on data reported
annually by the NSF.
66
   Florida Board of Governors, State University System of Florida, System Accountability Plan 2022, at 11, available at
https://www.flbog.edu/wp-content/uploads/2022/10/2022_SYSTEM_Accountability_Plan_Final.pdf. The University of South Florida
Tampa Campus met the preeminent state research university designation.
67
   Section 1001.7065(2), F.S.
STORAGE NAME: pcs0999.PEW                                                                                                    PAGE: 11
DATE: 3/9/2023
        system (SUS). 68 The BOG must establish standards and measures for State Universities of Distinction
        which help identify universities that:
           • focus on a core competency unique to the SUS and also achieve excellence at the national or
               state level;
           • meet state workforce needs; and
           • foster an innovation economy that focuses on areas such as health care, security,
               transportation, and science, technology, engineering, and mathematics (STEM), including
               supply chain management.

        By January 1, each year, the BOG may annually submit to the Legislature for funding programs from
        institutions that are identified as State Universities of Distinction but have not achieved a preeminent
        designation.

        The Legislature has not funded the Preeminent State Research Universities Program since FY 2018-
        2019.

        Effect of Proposed Changes

        The bill adds an additional standard to the Preeminent State Research Universities Program academic
        and research excellence standards related to total annual research expenditures of $50 million or more
        in STEM-related expenditures, funded from business and non-profit partners.

        The bill updates the thresholds for receiving the designation of a preeminent or emerging preeminent
        state research university to require satisfaction of 12 of 13 and 7 of 13 standards, respectively, prior to
        designation.

        Civic Literacy

        Present Situation

        The mission of Florida’s K-20 education system is to “allow its students to increase their proficiency by
        allowing them the opportunity to expand their knowledge and skills through rigorous and relevant
        learning opportunities.” 69 A priority of the system is to prepare students to become civically engaged
        and knowledgeable adults who positively contribute to their communities. 70

        At the postsecondary level, the mission of Florida’s education system is to “develop human resources,
        to discover and disseminate knowledge, to extend knowledge and its application beyond the
        boundaries of its campuses, and to develop in students heightened intellectual, cultural, and humane
        sensitivities; scientific, professional, and technological expertise; and a sense of purpose.” 71 “Inherent
        in this broad mission are methods of instruction, research, extended training, and public service
        designed to educate people and improve the human condition.” 72

        For Florida’s public universities, the Board of Governors’s (BOG) approved mission for the university
        system as it advances toward 2025 states “the mission of the State University System of Florida is to
        provide undergraduate, graduate and professional education, research, and public service of the
        highest quality through a coordinated system of institutions of higher learning, each with its own
        mission and collectively dedicated to serving the needs of a diverse state and global society.” 73

        To advance the mission of Florida’s public education system, in 2020, the Legislature created the
        Florida Institute of Politics within the College of Social Sciences and Public Policy at Florida State

68
   Section 1001.7065(7), F.S.
69
   Section 1000.03(4), F.S.
70
   Section 1000.03(5)(c), F.S.
71
   Section 1004.01(2), F.S.
72
   Id.
73
   Florida Board of Governors, 2025 System Strategic Plan (Amended Oct. 2019), at 8, available at https://www.flbog.edu/wp-
content/uploads/2025_System_Strategic_Plan_2019.pdf.
STORAGE NAME: pcs0999.PEW                                                                                                PAGE: 12
DATE: 3/9/2023
        University (FSU) and The Adam Smith Center for the Study of Economic Freedom at Florida
        International University (FIU).

        The purpose of the Florida Institute of Politics at FSU is to provide the southeastern region of the
        United States with a world class, bipartisan, nationally renowned institute of politics. 74 The following are
        goals of the institute:
           • Motivate students to become aware of the significance of government and civic engagement at
               all levels and politics in general.
           • Provide students with an opportunity to be politically active and civically engaged.
           • Nurture a greater awareness of and passion for public service and politics.
           • Plan and host forums to allow students and guests to hear from and interact with experts from
               government, politics, policy, and journalism on a frequent basis.
           • Become a national and state resource on polling information and survey methodology.
           • Provide fellowships and internship opportunities to students in government, nonprofit
               organizations, and community organizations.
           • Provide training for newly elected state and local public officials.
           • Organize and sponsor conferences, symposia, and workshops throughout Florida to educate
               and inform citizens, elected officials, and policymakers regarding effective policymaking
               techniques and processes.
           • Create and promote research and awareness of politics, citizen involvement, and public service.
           • Collaborate with related policy institutes and research activities at Florida State University and
               other institutions of higher education to motivate, increase, and sustain citizen involvement in
               public affairs. 75

        The Adam Smith 76 Center for the Study of Economic Freedom at FIU was created with the following
        goals:
           • Study the effect of government and free-market economies on individual freedom and human
               prosperity.
           • Conduct and promote research on the effect of political and economic systems on human
               prosperity.
           • Plan and host research workshops and conferences to allow students, scholars, and guests to
               exchange in civil discussion of democracy and capitalism.
           • Provide fellowship and mentoring opportunities to students engaged in scholarly studies of the
               effect of political and economic systems on human prosperity. 77

        Effect of Proposed Changes

        The bill expands the mission of the SUS constituent institutions to include curriculum that promotes
        citizenship in a constitutional republic. The BOG must include performance metrics and common
        standards for all institutions related to such curriculum in its strategic plan.

        With the purpose of further bolstering civic literacy education in Florida’s K-12 and postsecondary
        education systems the bill renames the ‘Florida Institute of Politics’ the ‘Florida Institute for Governance
        and Civics’ and amends the goals of the institute. The new Florida Institute for Governance and Civics
        must pursue the following goals:
           • Provide students with access to an interdisciplinary hub that will develop academically rigorous
               scholarship and coursework on the origins of the American system of government, its
               foundational documents, its subsequent political traditions and evolutions, and its impact on
               comparative political systems.


74
   Section 1004.6499, F.S.
75
   Section 1004.6499(2)(a)-(j), F.S.
76
   Adam Smith was a Scottish philosopher and economist, best known as the author of An Inquiry into the Nature and Causes of the
Wealth of Nations (1776). The Library of Economics and Liberty, Adam Smith 1723-1790,
https://www.econlib.org/library/Enc/bios/Smith.html (last visited Mar. 1, 2023).
77
   Section 1004.64991(2), F.S.
STORAGE NAME: pcs0999.PEW                                                                                                 PAGE: 13
DATE: 3/9/2023
           •   Encourage civic literacy in the state through the development of educational tools and resources
               for K-12 and postsecondary students that foster an understanding of how individual rights,
               constitutionalism, separation of powers, and federalism function within the American system of
               government.
           •   Model civic discourse that recognizes the importance of viewpoint diversity, intellectual rigor,
               and an evidence-based approach to history.
           •   Plan and host forums to allow students and guests to hear from exceptional individuals who
               have excelled in government, industry, or civic engagement to highlight the possibilities created
               by individual achievement, philanthropic ideals, and entrepreneurial vision.
           •   Become a national and state resource on polling instruments and other assessments to
               measure civic literacy and make recommendations for improving civic education.
           •   Provide fellowships and internship opportunities to students in government.
           •   Create through scholarship, original research, publications, symposia, testimonials, and other
               means a body of resources that can be accessed by students, scholars, and government
               officials to understand the innovations in public policy in the state over a rolling 30-year time
               period.

       In order to better support the Adam Smith Center for the Study of Economic Freedom in achieving the
       goals set forth in statute, the bill authorizes the center to:
           • Hire necessary faculty and staff;
           • Enroll students;
           • Develop curriculum and offer new courses, including honors courses, certificates, and major
              and minor programs;
           • Award degrees;
           • Hold events, including fundraisers;
           • Fulfill other actions approved by the president of the university; and
           • Generate resources based on student credit hour enrollment in the same manner as any other
              college within the university.

       Institute for Risk Management & Insurance Education

       Present Situation

       Risk management and insurance is a major industry in Florida with a concentration in Volusia County.
       Like many others, the insurance industry is being revolutionized by integration of technology, predictive
       analytics, and data science, and becoming more complex given its exposure to transformative trends in
       the economy and the environment.

       In Florida, the insurance industry is facing a capacity crisis given the state’s population growth,
       attractiveness to business relocation, and multifaceted economic development. As risk valuations and
       comprehensive insurance solutions become more complex, the industry’s workforce must be well
       versed in transformative technological, economic, and environmental trends, and develop a holistic set
       of skills in sales, service, negotiations, finance, economics, data analytics, and systems-level problem
       solving.

       Effect of Proposed Changes

       To lead the way in addressing the evolving needs of the risk management and insurance industries, the
       bill creates the Institute for Risk Management & Insurance Education within the College of Business at
       the University of Central Florida. The bill requires that institute be located in Volusia County to best
       serve the partner industries, which are concentrated in that area. The purpose of the institute is to
       respond to the ever-evolving insurance and risk management industry and present and emerging
       needs of the state of Florida and its residents. The bill establishes following goals of the institute:
            • Pursue technological innovations that advance risk valuation models and operational
                efficiencies in the insurance industry.


STORAGE NAME: pcs0999.PEW                                                                               PAGE: 14
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             •   Drive the development of workforce competencies in data analytics, system-level thinking,
                 technology integration, entrepreneurship, and actuarial science.
             •   Leverage the University of Central Florida's world class assets in data science, artificial
                 intelligence, computer science, engineering, finance, economics, and sales.
             •   Take advantage of the University of Central Florida's robust portfolio of academic program
                 offerings and draw on faculty and industry experts in diverse fields, including actuarial science,
                 computer science, economics, engineering, environmental science, finance, forensics, law,
                 management, marketing, and psychology.
             •   Develop and offer risk management and insurance education, including education that
                 recognizes risks in areas such as the environment, pandemic disease, and digital security.
             •   Offer programs, workshops, case studies, and applied research studies that integrate
                 technology and artificial intelligence with soft skills while preparing students and professionals
                 for the technology-enabled insurance industry of the future.

        Buy One, Get One Free Tuition & Fee Waiver

        Present Situation

        Tuition and Out-of-State Fees

        Under Florida law, “tuition” is defined as the basic fee charged to a student for instruction provided by a
        public postsecondary educational institution in the state. 78 A student who is classified as a “resident for
        tuition purposes” is a student who qualifies for the in-state tuition rate. 79

        The resident undergraduate tuition rate for the SUS is currently set in statute at $105.07 per credit
        hour. 80 The average tuition and fees per credit hour are $199.72. 81

        Buy One, Get One Free Tuition & Fee Waiver

        Beginning in 2021, the SUS institutions must provide ”buy one, get one free” or BOGO tuition and fee
        waivers on upper-level courses in one of eight science, technology, engineering, or math (STEM)
        programs of strategic emphasis (PSE), as adopted by the BOG. 82 Specifically, for every course in a
        qualifying PSE in which a student is enrolled, a state university must waive 100 percent of the tuition
        and fees for an equivalent course in such program. To be eligible, a student must: 83
           • Be an resident for tuition purposes;
           • Earn at least 60 semester credit hours towards a baccalaureate degree within two academic
                years after initial enrollment at a Florida public postsecondary institution; and
           • Be enrolled in one of eight STEM PSE.

        On June 22, 2021, the BOG adopted eight STEM PSE: Civil Engineering, Computer and Information
        Science, Computer Engineering, Electrical and Electronics Engineering, Information Technology,
        Management Information Systems, Mathematics, and Physics. 84

        The tuition and fee waiver is applicable only for upper-level courses and for up to 110 percent of the
        number of required credit hours of the degree program for which the student is enrolled. 85 This means
        that for a 120-credit hour state university baccalaureate degree program, the waiver is applicable
        unless the student has earned an excess of 132 credit hours.

78
   Section 1009.01 (1), F.S.
79
   Section 1009.21(1)(g), F.S.
80
   Section1009.24(4)(a), F.S.
81
   See State University System of Florida, Tuition and Required Fees, 2022-23, available at https://www.flbog.edu/wp-
content/uploads/2023/01/2022-2023-SUS-Tuition-and-Fees-Report_updated-with-footnote.pdf.
82
   Section 1009.26(18)(a), F.S.
83
   Id.
84
   State University System, Strategic Planning Committee Meeting Agenda for June 22, 2021, https://www.flbog.edu/session/strategic-
planning-committee-klwekqle/ Strategic Planning Committee - State University System of Florida (flbog.edu).
85
   Section 1009.26(b), F.S.
STORAGE NAME: pcs0999.PEW                                                                                                 PAGE: 15
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        In 2022, the Legislature increased the number of waiver-eligible PSE from eight to 10. Beginning in the
        2022-2023 academic year, students will be eligible to receive the tuition and fee waiver in two additional
        PSE, specifically in the critical workforce gap analysis category, as adopted by the BOG. 86 The BOG
        retained the original eight STEM PSEs and adopted Accounting and Finance as the two critical
        workforce gap analysis category PSEs. 87

        Effect of Proposed Changes

        The bill protects students from losing the waiver based on a change to an approved program. The bill
        authorizes a student to continue receiving the waiver until they graduate, exceed the number of
        allowable credits, or exit the program, regardless of whether the program is removed from the approved
        list subsequent to the student’s enrollment.

     B. SECTION DIRECTORY:
        Section 1:       Amends s. 1001.706, F.S.; requiring the Board of Governors to periodically review
                         specified information relating to state universities and provide certain direction to such
                         universities; revising the contents of the Board of Governor's strategic plan; authorizing
                         state universities to initiate post-tenure reviews at any time for cause.

        Section 2:       Amends s. 1001.7065, F.S.; revising the academic and research excellence standards
                         for preeminent state research universities.

        Section 3:       Creates s. 1001.725, F.S.; providing requirements for hiring state university faculty;
                         authorizing state university boards of trustees to review the tenure status of faculty
                         members; requiring such boards to confirm the selection and reappointment of specified
                         personnel; providing requirements for certain employment contracts and responsibilities;
                         requiring state university presidents to annually present specified information to such
                         boards.

        Section 4:       Amends s. 1004.06, F.S.; providing that certain entities may not expend funds for certain
                         purposes relating to activities that violate a specified law; providing exceptions.

        Section 5:       Creates s. 1004.3841, F.S., creating the Institute for Risk Management and Insurance
                         Education within the College of Business at the University of Central Florida; requiring
                         the institute to be located in a specified county; providing goals of the institute

        Section 6:       Amends s. 1004.6496, F.S.; conforming a provision to changes made by the act.

        Section 7:       Amends s. 1004.6499, F.S.; renaming the "Florida Institute of Politics" as the "Florida
                         Institute for Governance and Civics"; revising the goals of the institute.

        Section 8:       Amends s. 1004.64991, F.S.; authorizing the Adam Smith Center for the Study of
                         Economic Freedom within Florida International University to take specified actions.

        Section 9:       Amends s. 1007.25, F.S.; revising the duties and responsibilities of specified faculty
                         committees relating to general education core courses; deleting a provision authorizing
                         certain course maximums to be exceeded; revising requirements for general education
                         core courses; requiring public postsecondary educational institutions to offer and accept
                         certain credits for certain general education core courses.



86
  Section 1009.47(18)(a)3., F.S.
87
  Florida Board of Governors, Programs of Strategic Emphasis Waiver Implementation & Guidance Document for State University
System Institutions, available at https://www.flbog.edu/wp-content/uploads/2023/03/PSE-Waiver-Guidance-March-2023-technical-
update.pdf.
STORAGE NAME: pcs0999.PEW                                                                                             PAGE: 16
DATE: 3/9/2023
        Section 10:      Creates s. 1007.55, F.S.; providing legislative findings; requiring the Articulation
                         Coordinating Committee to submit certain courses to the State Board of Education and
                         the Board of Governors; providing requirements for general education courses; providing
                         requirements for public postsecondary educational institutions and their presidents and
                         boards of trustees relating to general education courses.

        Section 11:      Amends s. 1009.26, F.S.; providing that certain postsecondary fee waivers continue until
                         specified criteria are met.

        Section 12:      Provides effective dates.

                            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:
        By requiring credits earned from approved general education courses be accepted by all public
        postsecondary educational institutions, regardless of whether it is offered by the institution, students will
        likely be able to transfer more credits and avoid retaking unnecessary credit hours, thus saving time
        and money.

        For students granted a waiver for courses in a Program of Strategic Emphasis, ensuring the student
        continues receiving the waiver even if the program is removed from the list of eligible programs will
        have an indeterminate, positive fiscal impact to the student.

     D. FISCAL COMMENTS:
        The bill adds an additional metric for preeminent state research universities, this has no immediate
        fiscal impact. The Legislature most recently provided funding for preeminence in Fiscal Year 2018-2019
        (see chart below). Currently each preeminent institution (UF, FSU, USF) meets all 12 existing metrics. 88
        Adding an additional metric and requiring they meet 12 of 13 has no fiscal impact. However, if a future
        Legislature provides a funding increase beyond the amounts funded in previous fiscal years 89, the
        change in metrics could have a potential, indeterminate fiscal impact.




88
   2022 Accountability Plan State University System of Florida Summary, page 11 https://www.flbog.edu/wp-
content/uploads/2022/10/2022_SYSTEM_Accountability_Plan_Final.pdf
89
   S. 1001.7065(5)(c), F.S.
STORAGE NAME: pcs0999.PEW                                                                                    PAGE: 17
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                                                 State University System
                                              Preeminence Funding History
                            Fiscal Year        UF           FSU           USF           Total
                            2013-14       $ 15,000,000 $ 15,000,000 $           -   $ 30,000,000
                            2014-15       $ 5,000,000 $ 5,000,000 $             -   $ 10,000,000
                            2015-16       $ 1,550,000 $ 1,550,000 $             -   $   3,100,000
                            2016-17       $ 13,450,000 $ 13,450,000 $           -   $ 26,900,000
                            2017-18       $ 17,300,000 $ 17,300,000 $           -   $ 34,600,000
                            2018-19       $ 6,153,846 $ 6,153,846 $ 6,153,846 $ 18,461,538
                            2019-20       $         -   $         -   $         -   $           -
                            2020-21       $         -   $         -   $         -   $           -
                            2021-22       $         -   $         -   $         -   $           -
                            2022-23       $         -   $         -   $         -   $           -
                                          $ 58,453,846 $ 58,453,846 $ 6,153,846 $ 123,061,538

       The fiscal impact of prohibiting expenditures that espouse diversity, equity, and inclusion or Critical
       Race Theory rhetoric will result in significant cost savings to the universities and the state. On
       December 28, 2022, the Governor’s Office of Policy and Budget requested information relating to such
       programs and activities (see chart below), however this request also included expenditures allowable
       under the bill. For example, the bill provides an exception for expenditures relating to military veterans,
       Pell Grant recipients, students with unique abilities, and others. The expenditure information reported
       from the universities totaled $34.5 million, of which $20.7 million is reported to be from state funds. The
       total cost savings of the bill is indeterminate, but significant.




STORAGE NAME: pcs0999.PEW                                                                                 PAGE: 18
DATE: 3/9/2023
                                            State University System
                                            Reported DEI Expenditures
                                                           Total   State Funded
                                UF                      $5,333,914 $3,381,330
                                FSU                     $2,454,591 $2,248,382
                                FAMU                    $4,436,667 $4,163,497
                                USF                     $8,663,476 $2,539,260
                                FAU                      $904,026    $642,776
                                UWF                      $909,704    $806,398
                                UCF                     $4,473,498 $2,294,311
                                FIU                     $3,126,827 $2,256,732
                                UNF                     $3,518,349 $1,788,856
                                FGCU                     $382,022    $317,662
                                NCF                      $290,449    $288,335
                                FPU                       $8,363      $8,363
                                                       $34,501,886 $20,735,902

       The bill establishes the Institute for Risk Management and Insurance Education within the College of
       Business at the University of Central Florida. The bill specifies the university is to leverage existing
       assets, take advantage of its robust portfolio of academic program offerings, and draw on its faculty and
       industry experts. The fiscal impact is indeterminate and may be absorbed within existing resources.
       However, any additional funding would be as provided in the General Appropriations Act.

       During the 2020 regular session, the Legislature created the FSU Institute of Politics and provided a $1
       million recurring investment. In Fiscal Year 2022-23, the Legislature provided an additional $5 million in
       recurring funding for a total of $6 million. The updated goals of the Institute provided in the bill have an
       indeterminate fiscal impact and can be absorbed within existing resources.

       Also during the 2020 regular session, the Legislature created the Adam Smith Center for the Study of
       Economic Freedom at FIU and a provided $1 million recurring investment. The bill specifies the Center
       is authorized to generate resources based on student credit hour enrollment. The authorized activities
       of the Center provided in the bill have an indeterminate fiscal impact and can be absorbed within
       existing resources. However, any additional funding would be as provided in the General
       Appropriations Act.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

STORAGE NAME: pcs0999.PEW                                                                                  PAGE: 19
DATE: 3/9/2023
   B. RULE-MAKING AUTHORITY:
       The bill grants rulemaking and regulatory authority to the State Board of Education and the BOG,
       respectively, related to the prohibition on DEI expenditures and defining areas of study associated with
       Critical Theory. Additionally, existing rules and regulations related to general education core courses
       will need to be updated to conform with changes made in the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: pcs0999.PEW                                                                               PAGE: 20
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           PCS for HB 999                                                                                        2023




    1                                         A bill to be entitled
    2              An act relating to postsecondary educational
    3              institutions; amending s. 1001.706, F.S.; revising
    4              legislative intent; requiring the Board of Governors
    5              to periodically review specified information relating
    6              to state universities and provide certain direction to
    7              such universities; revising the contents of the Board
    8              of Governor's strategic plan; post-tenure reviews at
    9              any time for cause; revising an authorization for the
10                 Board of Governors to adopt specified regulations;
11                 amending s. 1001.7065, F.S.; revising the academic and
12                 research excellence standards for preeminent state
13                 research universities; creating s. 1001.725, F.S.;
14                 providing requirements for hiring state university
15                 faculty; providing requirements for the employment,
16                 promotion, and evaluation processes for certain state
17                 university employees; authorizing state university
18                 boards of trustees to review the tenure status of
19                 faculty members; requiring such boards to confirm the
20                 selection and reappointment of specified personnel;
21                 providing requirements for certain employment
22                 contracts and responsibilities; requiring state
23                 university presidents to annually present specified
24                 information to such boards; amending s. 1004.06, F.S.;
25                 prohibiting certain entities from expending specified

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        PCS for HB 999                                                                                        2023




26              funds for certain purposes; providing exceptions;
27              authorizing the State Board of Education and the Board
28              of Governors to adopt certain rules and regulations,
29              respectively; creating s. 1004.3841, F.S.; creating
30              the Institute for Risk Management and Insurance
31              Education within the College of Business at the
32              University of Central Florida; requiring the institute
33              to be located in a specified county; providing goals
34              of the institute; amending s. 1004.6496, F.S.;
35              conforming a provision to changes made by the act;
36              amending s. 1004.6499, F.S.; renaming the "Florida
37              Institute of Politics" as the "Florida Institute for
38              Governance and Civics"; revising the goals of the
39              institute; amending s. 1004.64991, F.S.; authorizing
40              the Adam Smith Center for the Study of Economic
41              Freedom within Florida International University to
42              take specified actions; amending s. 1007.25, F.S.;
43              revising the duties and responsibilities of specified
44              faculty committees relating to general education core
45              courses; deleting a provision authorizing certain
46              course maximums to be exceeded; revising requirements
47              for general education core courses; providing
48              definitions; requiring public postsecondary
49              educational institutions to offer and accept certain
50              credits for certain general education core courses;

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        PCS for HB 999                                                                                        2023




51              creating s. 1007.55, F.S.; providing legislative
52              findings; requiring the Articulation Coordinating
53              Committee to submit certain courses to the State Board
54              of Education and the Board of Governors; providing
55              requirements for general education courses; providing
56              requirements for public postsecondary educational
57              institutions and their presidents and boards of
58              trustees relating to general education courses;
59              amending s. 1009.26, F.S.; providing that certain
60              postsecondary fee waivers continue until specified
61              criteria are met; providing effective dates.
62
63      Be It Enacted by the Legislature of the State of Florida:
64
65              Section 1.         Paragraphs (a) through (d) of subsection (5)
66      and paragraph (b) of subsection (6) of section 1001.706, Florida
67      Statutes, are amended to read:
68              1001.706          Powers and duties of the Board of Governors.—
69              (5)      POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
70              (a)      The Legislature intends that the Board of Governors
71      shall align the missions of each constituent university with the
72      academic success of its students; curriculum that promotes
73      citizenship in a constitutional republic; the state's existing
74      and emerging workforce needs; the national reputation of its
75      faculty and its academic and research programs; the quantity of

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         PCS for HB 999                                                                                        2023




76       externally generated research, patents, and licenses; and the
77       strategic and accountability plans required in paragraphs (b)
78       and (c). The board shall periodically review the mission of each
79       constituent university and provide updates or revisions to such
80       mission, as appropriate; upon completion of such review, examine
81       existing academic programs at each constituent university for
82       alignment with the university's mission; and provide direction
83       to each constituent university to remove from its programs any
84       major or minor that is based on or otherwise utilizes
85       pedagogical methodology associated with Critical Theory,
86       including, but not limited to, Critical Race Theory, Critical
87       Race Studies, Critical Ethnic Studies, Radical Feminist Theory,
88       Radical Gender Theory, Queer Theory, Critical Social Justice, or
89       Intersectionality, as defined in Board of Governors regulation,
90       or any major or minor that includes a curriculum that promotes
91       the concepts listed in s. 1000.05(4)(a). The mission alignment
92       and strategic plan shall consider peer institutions at the
93       constituent universities. The mission alignment and strategic
94       plan shall acknowledge that universities that have a national
95       and international impact have the greatest capacity to promote
96       the state's economic development through: new discoveries,
97       patents, licenses, and technologies that generate state
98       businesses of global importance; research achievements through
99       external grants and contracts that are comparable to nationally
100      recognized and ranked universities; the creation of a resource

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         PCS for HB 999                                                                                        2023




101      rich academic environment that attracts high-technology business
102      and venture capital to the state; and this generation's finest
103      minds focusing on solving the state's economic, social,
104      environmental, and legal problems in the areas of life sciences,
105      water, sustainability, energy, and health care. A nationally
106      recognized and ranked university that has a global perspective
107      and impact shall be afforded the opportunity to enable and
108      protect the university's competitiveness on the global stage in
109      fair competition with other institutions of other states in the
110      highest Carnegie Classification.
111              (b)       The Board of Governors shall develop a strategic plan
112      specifying goals and objectives for the State University System
113      and each constituent university, including each university's
114      contribution to overall system goals and objectives. The
115      strategic plan must:
116              1.       Include performance metrics and standards common for
117      all institutions and metrics and standards unique to
118      institutions depending on institutional core missions,
119      including, but not limited to, student admission requirements,
120      curriculum that promotes citizenship in a constitutional
121      republic, retention, graduation, percentage of graduates who
122      have attained employment, percentage of graduates enrolled in
123      continued education, licensure passage, average wages of
124      employed graduates, average cost per graduate, excess hours,
125      student loan burden and default rates, faculty awards, total

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         PCS for HB 999                                                                                        2023




126      annual research expenditures, patents, licenses and royalties,
127      intellectual property, startup companies, annual giving,
128      endowments, and well-known, highly respected national rankings
129      for institutional and program achievements.
130              2.       Consider reports and recommendations of the Florida
131      Talent Development Council under s. 1004.015 and the
132      Articulation Coordinating Committee under s. 1007.01.
133              3.       Include student enrollment and performance data
134      delineated by method of instruction, including, but not limited
135      to, traditional, online, and distance learning instruction.
136              4.       Include criteria for designating baccalaureate degree
137      and master's degree programs at specified universities as high-
138      demand programs of emphasis. The programs of emphasis list
139      adopted by the Board of Governors before July 1, 2021, shall be
140      used for the 2021-2022 academic year. Beginning in the 2022-2023
141      academic year, the Board of Governors shall adopt the criteria
142      to determine value for and prioritization of degree credentials
143      and degree programs established by the Credentials Review
144      Committee under s. 445.004 for designating high-demand programs
145      of emphasis. The Board of Governors must review designated
146      programs of emphasis, at a minimum, every 3 years to ensure
147      alignment with the prioritization of degree credentials and
148      degree programs identified by the Credentials Review Committee.
149              5.       Include criteria for nondegree credentials.
150              (c)      The Board of Governors shall develop an accountability

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         PCS for HB 999                                                                                        2023




151      plan for the State University System and each constituent
152      university. The accountability plan must address institutional
153      and system achievement of goals and objectives specified in the
154      strategic plan adopted pursuant to paragraph (b) and must be
155      submitted as part of its legislative budget request. Each
156      university shall submit, as a component of the university's
157      annual accountability plan:,
158              1.       Information on the effectiveness of its plan for
159      improving 4-year graduation rates. and
160              2.       Information on the level of financial assistance
161      provided to students pursuant to paragraph (h).
162              (d)       Beginning in the 2014-2015 academic year and annually
163      thereafter, The Board of Governors shall annually require a
164      state university before prior to registration to provide each
165      enrolled student electronic access to the economic security
166      report of employment and earning outcomes prepared by the
167      Department of Economic Opportunity pursuant to s. 445.07. In
168      addition, the Board of Governors shall require a state
169      university to provide each student electronic access to the
170      following information each year before prior to registration
171      using the data described in s. 1008.39:
172              1.       The top 25 percent of degrees reported by the
173      university in terms of highest full-time job placement and
174      highest average annualized earnings in the year after earning
175      the degree.

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         PCS for HB 999                                                                                        2023




176              2.       The bottom 10 percent of degrees reported by the
177      university in terms of lowest full-time job placement and lowest
178      average annualized earnings in the year after earning the
179      degree.
180              (6)       POWERS AND DUTIES RELATING TO PERSONNEL.—
181              (b)       The Board of Governors may adopt a regulation
182      requiring each tenured state university faculty member to
183      undergo a comprehensive post-tenure review every 5 years and a
184      post-tenure review at any time for cause. The board may include
185      other considerations in the regulation, but the regulation must
186      address all of the following:
187              1.       Accomplishments and productivity.;
188              2.       Assigned duties in research, teaching, and service.;
189              3.       Performance metrics, evaluations, and ratings.; and
190              4.       Recognition and compensation considerations, as well as
191      improvement plans and consequences for underperformance.
192              5.       Conditions that constitute cause for a post-tenure
193      review under this paragraph, including, but not limited to, poor
194      performance, negligence, inefficiency or inability to perform
195      assigned duties, insubordination, violation of any applicable
196      law or rule, conduct unbecoming a public employee, misconduct,
197      drug abuse, or conviction of any crime.
198              Section 2.         Subsection (3) of section 1001.7065, Florida
199      Statutes, is amended, and paragraph (m) is added to subsection
200      (2) of that section, to read:

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         PCS for HB 999                                                                                        2023




201              1001.7065         Preeminent state research universities program.—
202              (2)      ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
203      following academic and research excellence standards are
204      established for the preeminent state research universities
205      program and shall be reported annually in the Board of Governors
206      Accountability Plan:
207              (m)      Total annual research expenditures of $50 million or
208      more in STEM-related expenditures, funded from business and non-
209      profit partners.
210              (3)      PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
211              (a)      The Board of Governors shall designate each state
212      university that annually meets at least 12 11 of the 13 12
213      academic and research excellence standards identified in
214      subsection (2) as a "preeminent state research university."
215              (b)      The Board of Governors shall designate each state
216      university that annually meets at least 7 6 of the 13 12
217      academic and research excellence standards identified in
218      subsection (2) as an "emerging preeminent state research
219      university."
220              Section 3.         Section 1001.725, Florida Statutes, is created
221      to read:
222              1001.725          State university boards of trustees; personnel.—
223              (1)      Each state university board of trustees is responsible
224      for hiring full-time faculty for the university. The president
225      of the university may provide hiring recommendations to the

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         PCS for HB 999                                                                                        2023




226      board. The president and the board are not required to consider
227      recommendations or opinions of faculty of the university or
228      other individuals or groups.
229              (a)      The board of trustees may delegate its hiring
230      authority to the president; however, the president may not
231      delegate such hiring authority to anyone outside of the
232      executive management team of the president's office.
233              (b)      A state university may not solicit pledges, except
234      pledges to uphold general and federal law, the United States
235      Constitution, and the State Constitution, or statements or
236      commitments for or against certain viewpoints about diversity,
237      equity, and inclusion, Critical Race Theory rhetoric, or
238      political identity or ideology, as part of any hiring,
239      promotion, disciplinary, or evaluation process, including as
240      part of applications for employment, promotion and tenure
241      applications, conditions of employment, job qualifications, job
242      descriptions, or performance evaluations, or as part of any
243      admissions or student disciplinary process, including as part of
244      any admissions applications or orientations. This paragraph
245      applies to all students and employees at the university,
246      including the president of the university.
247              (2)      Each state university board of trustees may, at the
248      request of its chair, review any faculty member's tenure status
249      based on the considerations adopted in Board of Governors
250      regulation pursuant to s. 1001.706(6)(b).

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         PCS for HB 999                                                                                        2023




251              (3)      Each state university board of trustees must confirm
252      the president's selection and reappointment of each member of
253      the university's executive management team, and his or her
254      respective contract and annual salary, before such contracts and
255      salaries become effective, in accordance with the personnel
256      program established by the Board of Governors. Contracts and
257      responsibilities of the president and executive management team
258      members, including, but not limited to, the provost, must
259      explicitly delineate that the responsibilities of such
260      positions, other than the president, are limited to
261      administrative oversight and operational supervision of
262      curricular, instructional, and research affairs, as applicable
263      to the position.
264              (4)      Each state university president shall annually present
265      to the state university board of trustees for review the results
266      of performance evaluations and associated annual salaries for
267      all evaluated academic and administrative personnel earning an
268      annual salary of $100,000 or more, regardless of the funding
269      source for such salaries. The results may be presented in a
270      summary or written format.
271              Section 4.         Section 1004.06, Florida Statutes, is amended
272      to read:
273              1004.06       Prohibited expenditures.—
274              (1)      A No Florida College System institution, state
275      university, Florida College System institution direct-support

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         PCS for HB 999                                                                                        2023




276      organization, or state university direct-support organization
277      may not shall expend any funds, regardless of source, to
278      purchase membership in, or goods and services from, any
279      organization that discriminates on the basis of race, color,
280      national origin, sex, disability gender, or religion.
281              (2)      A Florida College System institution, state
282      university, Florida College System institution direct-support
283      organization, or state university direct-support organization
284      may not expend any state or federal funds to promote, support,
285      or maintain any programs or campus activities that:
286              (a)      Promote the concepts listed in s. 1000.05(4)(a);
287              (b)      Advocate for diversity, equity, and inclusion;
288              (c)      Promote or engage in political or social activism; or
289              (d)      Include or espouse, as government speech or expressive
290      activity of the Florida College System institution or state
291      university or its direct-support organization speaking or acting
292      on the Florida College System institution's or state
293      university's behalf, preferential treatment or special benefits
294      to individuals on the basis of race, color, national origin,
295      sex, disability, or religion.
296
297      Student fees to support student-led organizations are permitted
298      notwithstanding any speech or expressive activity by such
299      organizations that would otherwise violate this subsection,
300      provided that the public funds must be allocated to student-led

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         PCS for HB 999                                                                                        2023




301      organizations pursuant to written policies or regulations of
302      each Florida College System institution or state university, as
303      applicable.
304              (3)      Programs or campus activities required for compliance
305      with federal laws or regulations, or access programs for
306      military veterans, Pell Grant recipients, first generation
307      college students, nontraditional students, "2+2" transfer
308      students from the Florida College System, students from low-
309      income families, or students with unique abilities, are not
310      prohibited by this section.
311              (4)      The State Board of Education and the Board of
312      Governors may adopt rules and regulations, respectively, to
313      implement this section.
314              Section 5.         Section 1004.3841, Florida Statutes, is created
315      to read:
316              1004.3841         The Institute for Risk Management and Insurance
317      Education.—The Institute for Risk Management and Insurance
318      Education is established within the College of Business at the
319      University of Central Florida. Since insurance and risk
320      management is a major industry in the state, with a
321      concentration of such industry in Volusia County, the institute
322      shall be located in Volusia County. Like many other industries
323      in the state, the insurance and risk management industry is
324      being revolutionized by, among other things, the integration of
325      technology, predictive analytics, and data science, and is

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         PCS for HB 999                                                                                        2023




326      becoming more complex given its exposure to transformative
327      trends in the economy and environment. The purpose of the
328      institute is to respond to the ever-evolving insurance and risk
329      management industry and the present and emerging needs of the
330      state and its residents. The goals of the institute are to:
331              (1)      Pursue technological innovations that advance risk
332      valuation models and operational efficiencies in the insurance
333      industry.
334              (2)      Drive the development of workforce competencies in
335      data analytics, system-level thinking, technology integration,
336      entrepreneurship, and actuarial science.
337              (3)      Leverage the University of Central Florida's world
338      class assets in data science, artificial intelligence, computer
339      science, engineering, finance, economics, and sales.
340              (4)      Take advantage of the University of Central Florida's
341      robust portfolio of academic program offerings and draw on
342      faculty and industry experts in diverse fields, including
343      actuarial science, computer science, economics, engineering,
344      environmental science, finance, forensics, law, management,
345      marketing, and psychology.
346              (5)      Develop and offer risk management and insurance
347      education, including education that recognizes risks in areas
348      such as the environment, pandemic disease, and digital security.
349              (6)      Offer programs, workshops, case studies, and applied
350      research studies that integrate technology and artificial

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351      intelligence with soft skills while preparing students and
352      professionals for the technology-enabled insurance industry of
353      the future.
354              Section 6.         Paragraph (e) of subsection (2) of section
355      1004.6496, Florida Statutes, is amended to read:
356              1004.6496         Hamilton Center for Classical and Civic
357      Education.—
358              (2)      The goals of the center are to:
359              (e)      Coordinate with the Florida Institute for Governance
360      and Civics of Politics created pursuant to s. 1004.6499 and the
361      Adam Smith Center for the Study of Economic Freedom created
362      pursuant to s. 1004.64991 and assist in the curation and
363      implementation of Portraits in Patriotism created pursuant to s.
364      1003.44.
365              Section 7.         Section 1004.6499, Florida Statutes, is amended
366      to read:
367              1004.6499         Florida Institute for Governance and Civics of
368      Politics.—
369              (1)      The Florida Institute for Governance and Civics of
370      Politics is established at the Florida State University within
371      the College of Social Sciences and Public Policy. The purpose of
372      the institute is to provide the southeastern region of the
373      United States with a world class, bipartisan, nationally
374      renowned institute of politics.
375              (2)      The goals of the institute are to:

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         PCS for HB 999                                                                                        2023




376              (a)      Provide students with access to an interdisciplinary
377      hub that will develop academically rigorous scholarship and
378      coursework on the origins of the American system of government,
379      its foundational documents, its subsequent political traditions
380      and evolutions, and its impact on comparative political systems
381      Motivate students throughout the Florida State University to
382      become aware of the significance of government and civic
383      engagement at all levels and politics in general.
384              (b)      Encourage civic literacy in the state through the
385      development of educational tools and resources for K-12 and
386      postsecondary students that foster an understanding of how
387      individual rights, constitutionalism, separation of powers, and
388      federalism function within the American system of government
389      Provide students with an opportunity to be politically active
390      and civically engaged.
391              (c)      Model civic discourse that recognizes the importance
392      of viewpoint diversity, intellectual rigor, and an evidence-
393      based approach to history Nurture a greater awareness of and
394      passion for public service and politics.
395              (d)      Plan and host forums to allow students and guests to
396      hear from exceptional individuals who have excelled in
397      government, industry, or civic engagement to highlight the
398      possibilities created by individual achievement, philanthropic
399      ideals, and entrepreneurial vision and interact with experts
400      from government, politics, policy, and journalism on a frequent

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         PCS for HB 999                                                                                        2023




401      basis.
402              (e)      Become a national and state resource on polling
403      instruments and other assessments to measure civic literacy and
404      make recommendations for improving civic education information
405      and survey methodology.
406              (f)      Provide fellowships and internship opportunities to
407      students in government, nonprofit organizations, and community
408      organizations.
409              (g)      Create through scholarship, original research,
410      publications, symposia, testimonials, and other means a body of
411      resources that can be accessed by students, scholars, and
412      government officials to understand the innovations in public
413      policy in the state over a rolling 30-year time period Provide
414      training sessions for newly elected state and local public
415      officials.
416              (h)      Organize and sponsor conferences, symposia, and
417      workshops throughout this state to educate and inform citizens,
418      elected officials, and appointed policymakers regarding
419      effective policymaking techniques and processes.
420              (i)      Create and promote research and awareness regarding
421      politics, citizen involvement, and public service.
422              (j)      Collaborate with related policy institutes and
423      research activities at the Florida State University and other
424      institutions of higher education to motivate, increase, and
425      sustain citizen involvement in public affairs.

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         PCS for HB 999                                                                                        2023




426              Section 8.         Subsection (3) is added to section 1004.64991,
427      Florida Statutes, to read:
428              1004.64991         The Adam Smith Center for the Study of Economic
429      Freedom.—
430              (3)      In order to carry out the goals outlined in subsection
431      (2), the center is authorized to:
432              (a)      Hire the necessary faculty and staff.
433              (b)      Enroll students.
434              (c)      Develop curriculum and offer new courses, including
435      honors courses, certificates, and major and minor programs.
436              (d)      Award degrees.
437              (e)      Hold events, including fundraisers.
438              (f)      Fulfill other actions approved by the president of the
439      university.
440              (g)      Generate resources based on student credit hour
441      enrollment in the same manner as a college within the
442      university.
443              Section 9.         Subsection (3) of section 1007.25, Florida
444      Statutes, is amended to read:
445              1007.25       General education courses; common prerequisites;
446      other degree requirements.—
447              (3)      The chair of the State Board of Education and the
448      chair of the Board of Governors, or their designees, shall
449      jointly appoint faculty committees to review and recommend to
450      the Articulation Coordinating Committee for approval by the

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         PCS for HB 999                                                                                        2023




451      Commissioner of Education and the Chancellor of the State
452      University System identify statewide general education core
453      course options for inclusion in the statewide course numbering
454      system established in s. 1007.24. Faculty committees shall, by
455      July 1, 2024, and by July 1 every 3 years thereafter, review and
456      submit recommendations to the Articulation Coordinating
457      Committee, the commissioner, and the Chancellor of the State
458      University System for the removal, alignment, realignment, or
459      addition of general education core courses that satisfy the
460      requirements of this subsection.
461              (a)      General education core course options shall consist of
462      a maximum of five courses within each of the subject areas of
463      communication, mathematics, social sciences, humanities, and
464      natural sciences. The core courses may be revised, or the five-
465      course maximum within each subject area may be exceeded, if
466      approved by the State Board of Education and the Board of
467      Governors, as recommended by the subject area faculty committee
468      and approved by the Articulation Coordinating Committee as
469      necessary for a subject area.
470              (b)      Each general education core course option must contain
471      high-level academic and critical thinking skills and common
472      competencies that students must demonstrate to successfully
473      complete the course.
474              (c)      General education core courses may not distort
475      significant historical events with misleading or incorrect

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         PCS for HB 999                                                                                        2023




476      presentations of fact and must not include curriculum that is
477      based on or otherwise utilizes pedagogical methodology
478      associated with Critical Theory, including, but not limited to,
479      Critical Race Theory, Critical Race Studies, Critical Ethnic
480      Studies, Radical Feminist Theory, Radical Gender Theory, Queer
481      Theory, Critical Social Justice, or Intersectionality, as
482      defined in rules and regulations of the State Board of Education
483      and the Board of Governors, respectively.
484              (d)       General education core courses must meet all of the
485      following standards:
486              1.       Communication courses must afford students the ability
487      to communicate effectively, including the ability to write
488      clearly and engage in public speaking.
489              2.       Humanities courses must afford students the ability to
490      think critically through the mastering of subjects concerned
491      with human culture, especially literature, history, art, music,
492      and philosophy, and must include selections from the Western
493      Canon.
494              3.       Social science courses must afford students an
495      understanding of the basic social and behavioral science
496      concepts and principles used in the analysis of behavior and
497      social, political, and economic issues, including issues from
498      the past and present.
499              4.       Natural science courses must afford students the
500      ability to critically examine and evaluate the principles of the

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         PCS for HB 999                                                                                        2023




501      scientific method, model construction, and use the scientific
502      method to explain natural experiences and phenomena.
503              5.       Mathematics courses must afford students a mastery of
504      foundational mathematical and computation models and methods by
505      applying such models and methods in problem solving.
506              (e)      Beginning with students initially entering a Florida
507      College System institution or state university in 2015-2016 and
508      thereafter, each student must complete at least one identified
509      core course in each subject area as part of the general
510      education course requirements. Beginning in the 2022-2023
511      academic year and thereafter, students entering a technical
512      degree education program as defined in s. 1004.02(13) must
513      complete at least one identified core course in each subject
514      area as part of the general education course requirements before
515      a degree is awarded.
516              (f)      All public postsecondary educational institutions
517      shall offer at least one general education core course in each
518      of the identified subject areas and accept these courses as
519      meeting general education core course requirements upon the
520      transfer of credit for such course regardless of whether the
521      receiving institution offers the identical general education
522      core course. The remaining general education course requirements
523      shall be identified by each institution as approved in
524      accordance with s. 1007.55 and listed in the and reported to the
525      department by their statewide course numbering system number.

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         PCS for HB 999                                                                                        2023




526              (g)      The general education core course options shall be
527      adopted in rule by the State Board of Education and in
528      regulation by the Board of Governors.
529              Section 10.           Section 1007.55, Florida Statutes, is created
530      to read:
531              1007.55       General education course principles, standards,
532      and content.—
533              (1)      The Legislature finds it necessary that every
534      undergraduate student of a public postsecondary educational
535      institution in the state graduates as an informed citizen
536      through participation in rigorous general education courses that
537      study and articulate the values and knowledge necessary to
538      preserve the constitutional republic and the economic ingenuity
539      of its citizens through proven, historically accurate, and high-
540      quality coursework. Courses with a curriculum based on unproven,
541      disproven, speculative, or exploratory content are best suited
542      to fulfill elective or specific program prerequisite credit
543      requirements, rather than general education credit requirements.
544              (2)      In performing its duties under ss. 1007.24 and
545      1007.25, by December 1, 2024, and each December 1 thereafter,
546      the Articulation Coordinating Committee shall submit to the
547      State of Board of Education and the Board of Governors courses
548      that have been approved to be used by public postsecondary
549      educational institutions as meeting general education
550      requirements.

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         PCS for HB 999                                                                                        2023




551              (3)      General education courses must meet all of the
552      following:
553              (a)      Be in the general education core subject areas and
554      meet the course standards as provided in s. 1007.25.
555              (b)      Be offered by at least half of all public
556      postsecondary educational institutions per system.
557              (c)      Be identified as lower level in the statewide course
558      numbering system.
559              (d)      Whenever applicable, as defined by regulations or
560      rules of the Board of Governors or the State Board of Education,
561      respectively, provide instruction on the historical background
562      and philosophical foundation of Western civilization and this
563      nation's founding documents, including the Declaration of
564      Independence, the United States Constitution, the Bill of Rights
565      and subsequent amendments thereto, and the Federalist Papers.
566              (4)      If a course is approved as a general education course,
567      that course must be accepted as a general education course in
568      the same subject area by all public postsecondary educational
569      institutions regardless of whether it is offered by the
570      institution.
571              (5)      Each public postsecondary educational institution's
572      board of trustees and president are responsible for annually
573      reviewing and approving, at a public meeting, general education
574      course requirements, as authorized and approved in accordance
575      with s. 1007.24, s. 1007.25, and this section, at their

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         PCS for HB 999                                                                                        2023




576      institution. A public postsecondary educational institution that
577      fails to comply with the requirements of this section may not be
578      eligible to receive performance-based funding.
579              (6)      Each public postsecondary educational institution must
580      report courses meeting general education requirements to the
581      department by their statewide course number.
582              Section 11.           Effective upon this act becoming a law,
583      paragraph (b) of subsection (18) of section 1009.26, Florida
584      Statutes, is amended to read:
585              1009.26       Fee waivers.—
586              (18)
587              (b)      A waiver granted under this subsection is applicable
588      only for upper-level courses and up to 110 percent of the number
589      of required credit hours of the baccalaureate degree program for
590      which the student is enrolled. A student granted a waiver under
591      this subsection shall continue receiving the waiver until the
592      student graduates, exceeds the number of allowable credit hours,
593      or withdraws from an eligible program, regardless of whether the
594      program is removed from the approved list of eligible programs
595      subsequent to the student's enrollment.
596              Section 12.           Except as otherwise expressly provided in this
597      act and except for this section, which shall take effect upon
598      this act becoming a law, this act shall take effect July 1,
599      2023.



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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 999   (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 Nixon offered the following:
4
 5          Amendment (with title amendment)
 6          Remove line 303 and insert:
7      applicable. Such written policies and regulations may not limit
8      the use of student fees or campus room reservations of any
9      student-led organization, including, but not limited to, the
10     Alpha Phi Alpha Fraternity, Inc., Alpha Kappa Alpha Sorority,
11     Inc., Kappa Alpha Psi Fraternity, Inc., Omega Psi Phi
12     Fraternity, Inc., Delta Sigma Theta Sorority, Inc., Phi Beta
13     Sigma Fraternity, Inc., Zeta Phi Beta Sorority, Inc., Sigma
14     Gamma Rho Sorority, Inc., or Iota Phi Theta Fraternity, Inc., or
15     any multicultural student organization or minority-based student
16     union.
     PCS for HB 999 a2
      Published On: 3/10/2023 6:47:40 PM
                                  Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 999   (2023)
       Amendment No. 1


17
18           -----------------------------------------------------
19                       T I T L E   A M E N D M E N T
20          Between lines 26 and 27, insert:
21          providing requirements for such exceptions;




     PCS for HB 999 a2
      Published On: 3/10/2023 6:47:40 PM
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