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Committee/Subcommittee Amendment — Bill No. PCS for HB 999 (2023), Amendment No. 2

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Congressional materials
Document type
2023 3247 Postsecondary Education Workforce Subcommittee Proposed Committee Bill Amendment

Summary

Amendment No. 2, with title amendment, to Bill No. PCS for HB 999 (2023), offered by Representative Eskamani in the Postsecondary Education & Workforce Subcommittee and published March 13, 2023. The 19-page amendment removes lines 78-581 of the bill and inserts replacement text. The inserted text addresses the Board of Governors' strategic and accountability plans for the State University System, post-tenure review, and preeminent state research university standards, including a new standard of $50 million or more in STEM-related research expenditures. It also creates s. 1001.725 on state university boards of trustees and personnel, amends s. 1004.06 on prohibited expenditures, and creates the Institute for Risk Management and Insurance Education at the University of Central Florida. The title amendment lists further changes, including renaming the Florida Institute of Politics.

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“Committee/Subcommittee Amendment — Bill No. PCS for HB 999 (2023), Amendment No. 2.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3247-postsecondary-education-workforce-subcommittee-proposed-committee-bill-amendments-fn-pcs-for-hb-999-a3/, SHA-256 ad3d42dade9af630d88608ad233a36113c0925249218e813bad6971962373f65.

Full text

                                        COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 999   (2023)
       Amendment No. 2




            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       WITHDRAWN                     (Y/N)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 Eskamani offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 78-581 and insert:
 7     and (c). The mission alignment and strategic plan shall consider
 8     peer institutions at the constituent universities. The mission
 9     alignment and strategic plan shall acknowledge that universities
10     that have a national and international impact have the greatest
11     capacity to promote the state's economic development through:
12     new discoveries, patents, licenses, and technologies that
13     generate state businesses of global importance; research
14     achievements through external grants and contracts that are
15     comparable to nationally recognized and ranked universities; the
16     creation of a resource rich academic environment that attracts
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17     high-technology business and venture capital to the state; and
18     this generation's finest minds focusing on solving the state's
19     economic, social, environmental, and legal problems in the areas
20     of life sciences, water, sustainability, energy, and health
21     care. A nationally recognized and ranked university that has a
22     global perspective and impact shall be afforded the opportunity
23     to enable and protect the university's competitiveness on the
24     global stage in fair competition with other institutions of
25     other states in the highest Carnegie Classification.
26          (b)    The Board of Governors shall develop a strategic plan
27     specifying goals and objectives for the State University System
28     and each constituent university, including each university's
29     contribution to overall system goals and objectives. The
30     strategic plan must:
31          1.    Include performance metrics and standards common for
32     all institutions and metrics and standards unique to
33     institutions depending on institutional core missions,
34     including, but not limited to, student admission requirements,
35     curriculum that promotes citizenship in a constitutional
36     republic, retention, graduation, percentage of graduates who
37     have attained employment, percentage of graduates enrolled in
38     continued education, licensure passage, average wages of
39     employed graduates, average cost per graduate, excess hours,
40     student loan burden and default rates, faculty awards, total
41     annual research expenditures, patents, licenses and royalties,
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42     intellectual property, startup companies, annual giving,
43     endowments, and well-known, highly respected national rankings
44     for institutional and program achievements.
45          2.    Consider reports and recommendations of the Florida
46     Talent Development Council under s. 1004.015 and the
47     Articulation Coordinating Committee under s. 1007.01.
48          3.    Include student enrollment and performance data
49     delineated by method of instruction, including, but not limited
50     to, traditional, online, and distance learning instruction.
51          4.    Include criteria for designating baccalaureate degree
52     and master's degree programs at specified universities as high-
53     demand programs of emphasis. The programs of emphasis li st
54     adopted by the Board of Governors before July 1, 2021, shall be
55     used for the 2021-2022 academic year. Beginning in the 2022-2023
56     academic year, the Board of Governors shall adopt the criteria
57     to determine value for and prioritization of degree credentia ls
58     and degree programs established by the Credentials Review
59     Committee under s. 445.004 for designating high-demand programs
60     of emphasis. The Board of Governors must review designated
61     programs of emphasis, at a minimum, every 3 years to ensure
62     alignment with the prioritization of degree credentials and
63     degree programs identified by the Credentials Review Committee.
64          5.    Include criteria for nondegree credentials.
65          (c)    The Board of Governors shall develop an accountability
66     plan for the State University System and each constituent
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67     university. The accountability plan must address institutional
68     and system achievement of goals and objectives specified in the
69     strategic plan adopted pursuant to paragraph (b) and must be
70     submitted as part of its legislative budget request. Each
71     university shall submit, as a component of the university's
72     annual accountability plan:,
73          1.    Information on the effectiveness of its plan for
74     improving 4-year graduation rates. and
75          2.    Information on the level of financial assistance
76     provided to students pursuant to paragraph (h).
77          (d)    Beginning in the 2014-2015 academic year and annually
78     thereafter, The Board of Governors shall annually require a
79     state university before prior to registration to provide each
80     enrolled student electronic access to the economic security
81     report of employment and earning outcomes prepared by the
82     Department of Economic Opportunity pursuant to s. 445.07. In
83     addition, the Board of Governors shall require a state
84     university to provide each student electronic access to the
85     following information each year before prior to registration
86     using the data described in s. 1008.39:
87          1.    The top 25 percent of degrees reported by the
88     university in terms of highest full-time job placement and
89     highest average annualized earnings in the year after earning
90     the degree.


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 91          2.    The bottom 10 percent of degrees reported by the
 92     university in terms of lowest full-time job placement and lowest
 93     average annualized earnings in the year after earning the
 94     degree.
 95          (6)    POWERS AND DUTIES RELATING TO PERSONNEL.—
 96          (b)    The Board of Governors may adopt a regulation
 97     requiring each tenured state university faculty member to
 98     undergo a comprehensive post-tenure review every 5 years and a
 99     post-tenure review at any time for cause. The board may include
100     other considerations in the regulation, but the regulation must
101     address all of the following:
102          1.    Accomplishments and productivity.;
103          2.    Assigned duties in research, teaching, and service.;
104          3.    Performance metrics, evaluations, and ratings.; and
105          4.    Recognition and compensation considerations, as well as
106     improvement plans and consequences for underperformance.
107          5.    Conditions that constitute cause for a post-tenure
108     review under this paragraph, including, but not limited to, poor
109     performance, negligence, inefficiency or inability to perform
110     assigned duties, insubordination, violation of any applicable
111     law or rule, conduct unbecoming a public employee, misconduct,
112     drug abuse, or conviction of any crime.
113          Section 2.    Subsection (3) of section 1001.7065, Florida
114     Statutes, is amended, and paragraph (m) is added to subsection
115     (2) of that section, to read:
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116          1001.7065    Preeminent state research universities program. —
117          (2)   ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
118     following academic and research excellence standards are
119     established for the preeminent state research universities
120     program and shall be reported annually in the Board of Governors
121     Accountability Plan:
122          (m)   Total annual research expenditures of $50 million or
123     more in STEM-related expenditures, funded from business and non-
124     profit partners.
125          (3)   PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
126          (a)   The Board of Governors shall designate each state
127     university that annually meets at least 12 11 of the 13 12
128     academic and research excellence standards identified in
129     subsection (2) as a "preeminent state research university."
130          (b)   The Board of Governors shall designate each state
131     university that annually meets at least 7 6 of the 13 12
132     academic and research excellence standards identified in
133     subsection (2) as an "emerging preeminent state research
134     university."
135          Section 3.    Section 1001.725, Florida Statutes, is created
136     to read:
137          1001.725     State university boards of trustees; personnel.—
138          (1)   Each state university board of trustees is responsible
139     for hiring full-time faculty for the university. The president
140     of the university may provide hiring recommendations to the
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141     board. The president and the board are not required to consider
142     recommendations or opinions of faculty of the university or
143     other individuals or groups.
144          (a)   The board of trustees may delegate its hiring
145     authority to the president; however, the president may not
146     delegate such hiring authority to anyone outside of the
147     executive management team of the president's office.
148          (b)   A state university may not solicit pledges, except
149     pledges to uphold general and federal law, the United States
150     Constitution, and the State Constitution, or statements or
151     commitments for or against certain viewpoints about diversity,
152     equity, and inclusion, Critical Race Theory rhetoric, or
153     political identity or ideology, as part of any hiring,
154     promotion, disciplinary, or evaluation process, including as
155     part of applications for employment, promotion and tenure
156     applications, conditions of employment, job qualifications, job
157     descriptions, or performance evaluations, or as part of any
158     admissions or student disciplinary process, including as part of
159     any admissions applications or orientations. This paragraph
160     applies to all students and employees at the university,
161     including the president of the university.
162          (2)   Each state university board of trustees may, at the
163     request of its chair, review any faculty member's tenure status
164     based on the considerations adopted in Board of Governors
165     regulation pursuant to s. 1001.706(6)(b).
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166          (3)   Each state university board of trustees must confirm
167     the president's selection and reappointment of each member of
168     the university's executive management team, and his or her
169     respective contract and annual salary, before such contracts and
170     salaries become effective, in accordance with the personnel
171     program established by the Board of Governors. Contracts and
172     responsibilities of the president and executive management team
173     members, including, but not limited to, the provost, must
174     explicitly delineate that the responsibilities of such
175     positions, other than the president, are limited to
176     administrative oversight and operational supervision of
177     curricular, instructional, and research affairs, as applicable
178     to the position.
179          (4)   Each state university president shall annually present
180     to the state university board of trustees for review the results
181     of performance evaluations and associated annual salaries for
182     all evaluated academic and administrative personnel earning an
183     annual salary of $100,000 or more, regardless of the funding
184     source for such salaries. The results may be presented in a
185     summary or written format.
186          Section 4.    Section 1004.06, Florida Statutes, is amended
187     to read:
188          1004.06   Prohibited expenditures.—
189          (1)   A No Florida College System institution, state
190     university, Florida College System institution direct -support
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191     organization, or state university direct-support organization
192     may not shall expend any funds, regardless of source, to
193     purchase membership in, or goods and services from, any
194     organization that discriminates on the basis of race, color,
195     national origin, sex, disability gender, or religion.
196          (2)   A Florida College System institution, state
197     university, Florida College System institution direct -support
198     organization, or state university direct-support organization
199     may not expend any state or federal funds to promote, support,
200     or maintain any programs or campus activities that:
201          (a)   Promote the concepts listed in s. 1000.05(4)(a);
202          (b)   Advocate for diversity, equity, and inclusion;
203          (c)   Promote or engage in political or social activism; or
204          (d)   Include or espouse, as government speech or expressive
205     activity of the Florida College System institution or state
206     university or its direct-support organization speaking or acting
207     on the Florida College System institution's or state
208     university's behalf, preferential treatment or special benefits
209     to individuals on the basis of race, color, national origin,
210     sex, disability, or religion.
211
212     Student fees to support student-led organizations are permitted
213     notwithstanding any speech or expressive activity by such
214     organizations that would otherwise violate this subsection,
215     provided that the public funds must be allocated to student-led
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216     organizations pursuant to written policies or regulations of
217     each Florida College System institution or state university, as
218     applicable.
219          (3)   Programs or campus activities required for compliance
220     with federal laws or regulations, or access programs for
221     military veterans, Pell Grant recipients, first generation
222     college students, nontraditional students, "2+2" transfer
223     students from the Florida College System, students from low-
224     income families, or students with unique abilities, are not
225     prohibited by this section.
226          (4)   The State Board of Education and the Board of
227     Governors may adopt rules and regulations, respectively, to
228     implement this section.
229          Section 5.    Section 1004.3841, Florida Statutes, is created
230     to read:
231          1004.3841    The Institute for Risk Management and Insurance
232     Education.—The Institute for Risk Management and Insurance
233     Education is established within the College of Business at the
234     University of Central Florida. Since insurance and risk
235     management is a major industry in the state, with a
236     concentration of such industry in Volusia County, the institute
237     shall be located in Volusia County. Like many other industries
238     in the state, the insurance and risk management industry is
239     being revolutionized by, among other things, the integration of
240     technology, predictive analytics, and data science, and is
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241     becoming more complex given its exposure to transformative
242     trends in the economy and environment. The purpose of the
243     institute is to respond to the ever-evolving insurance and risk
244     management industry and the present and emerging needs of the
245     state and its residents. The goals of the institute are to:
246          (1)    Pursue technological innovations that advance risk
247     valuation models and operational efficiencies in the insurance
248     industry.
249          (2)    Drive the development of workforce competencies in
250     data analytics, system-level thinking, technology integration,
251     entrepreneurship, and actuarial science.
252          (3)    Leverage the University of Central Florida's world
253     class assets in data science, artificial intelligence, computer
254     science, engineering, finance, economics, and sales.
255          (4)    Take advantage of the University of Central Florida's
256     robust portfolio of academic program offerings and draw on
257     faculty and industry experts in diverse fields, including
258     actuarial science, computer science, economics, engineering,
259     environmental science, finance, forensics, law, managem ent,
260     marketing, and psychology.
261          (5)    Develop and offer risk management and insurance
262     education, including education that recognizes risks in areas
263     such as the environment, pandemic disease, and digital security.
264          (6)    Offer programs, workshops, case studies, and applied
265     research studies that integrate technology and artificial
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266     intelligence with soft skills while preparing students and
267     professionals for the technology-enabled insurance industry of
268     the future.
269          Section 6.    Paragraph (e) of subsection (2) of section
270     1004.6496, Florida Statutes, is amended to read:
271          1004.6496    Hamilton Center for Classical and Civic
272     Education.—
273          (2)     The goals of the center are to:
274          (e)     Coordinate with the Florida Institute for Governance
275     and Civics of Politics created pursuant to s. 1004.6499 and the
276     Adam Smith Center for the Study of Economic Freedom created
277     pursuant to s. 1004.64991 and assist in the curation and
278     implementation of Portraits in Patriotism created pursuant to s.
279     1003.44.
280          Section 7.    Section 1004.6499, Florida Statutes, is amended
281     to read:
282          1004.6499    Florida Institute for Governance and Civics of
283     Politics.—
284          (1)     The Florida Institute for Governance and Civics of
285     Politics is established at the Florida State University within
286     the College of Social Sciences and Public Policy. The purpose of
287     the institute is to provide the southeastern region of the
288     United States with a world class, bipartisan, nationally
289     renowned institute of politics.
290          (2)     The goals of the institute are to:
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291          (a)   Provide students with access to an interdisciplinary
292     hub that will develop academically rigorous scholarship and
293     coursework on the origins of the American system of government,
294     its foundational documents, its subsequent political traditions
295     and evolutions, and its impact on comparative political systems
296     Motivate students throughout the Florida State University to
297     become aware of the significance of government and civic
298     engagement at all levels and politics in general.
299          (b)   Encourage civic literacy in the state through the
300     development of educational tools and resources for K-12 and
301     postsecondary students that foster an understanding of how
302     individual rights, constitutionalism, separation of powers, and
303     federalism function within the American system of government
304     Provide students with an opportunity to be politically active
305     and civically engaged.
306          (c)   Model civic discourse that recognizes the importance
307     of viewpoint diversity, intellectual rigor, and an evidence-
308     based approach to history Nurture a greater awareness of and
309     passion for public service and politics.
310          (d)   Plan and host forums to allow students and guests to
311     hear from exceptional individuals who have excelled in
312     government, industry, or civic engagement to highlight the
313     possibilities created by individual achievement, philan thropic
314     ideals, and entrepreneurial vision and interact with experts


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315     from government, politics, policy, and journalism on a frequent
316     basis.
317          (e)     Become a national and state resource on polling
318     instruments and other assessments to measure civic literacy and
319     make recommendations for improving civic education information
320     and survey methodology.
321          (f)     Provide fellowships and internship opportunities to
322     students in government, nonprofit organizations, and community
323     organizations.
324          (g)     Create through scholarship, original research,
325     publications, symposia, testimonials, and other means a body of
326     resources that can be accessed by students, scholars, and
327     government officials to understand the innovations in public
328     policy in the state over a rolling 30-year time period Provide
329     training sessions for newly elected state and local public
330     officials.
331          (h)     Organize and sponsor conferences, symposia, and
332     workshops throughout this state to educate and inform citizens,
333     elected officials, and appointed policymakers regarding
334     effective policymaking techniques and processes.
335          (i)     Create and promote research and awareness regarding
336     politics, citizen involvement, and public service.
337          (j)     Collaborate with related policy institutes and
338     research activities at the Florida State University and other


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339     institutions of higher education to motivate, increase, and
340     sustain citizen involvement in public affairs.
341          Section 8.   Subsection (3) is added to section 1004.64991,
342     Florida Statutes, to read:
343          1004.64991   The Adam Smith Center for the Study of Economic
344     Freedom.—
345          (3)    In order to carry out the goals outlined in subsection
346     (2), the center is authorized to:
347          (a)    Hire the necessary faculty and staff.
348          (b)    Enroll students.
349          (c)    Develop curriculum and offer new courses, including
350     honors courses, certificates, and major and minor programs.
351          (d)    Award degrees.
352          (e)    Hold events, including fundraisers.
353          (f)    Fulfill other actions approved by the president of the
354     university.
355          (g)    Generate resources based on student credit hour
356     enrollment in the same manner as a college within the
357     university.
358          Section 9.   Subsection (3) of section 1007.25, Florida
359     Statutes, is amended to read:
360          1007.25   General education courses; common prerequisites;
361     other degree requirements.—
362          (3)    The chair of the State Board of Education and the
363     chair of the Board of Governors, or their designees, shall
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364     jointly appoint faculty committees to review and recommend to
365     the Articulation Coordinating Committee for approval by the
366     Commissioner of Education and the Chancellor of the State
367     University System identify statewide general education core
368     course options for inclusion in the statewide course numbering
369     system established in s. 1007.24. Faculty committees shall, by
370     July 1, 2024, and by July 1 every 3 years thereafter, review and
371     submit recommendations to the Articulation Coordinating
372     Committee, the commissioner, and the Chancellor of the State
373     University System for the removal, alignment, realignment, or
374     addition of general education core courses that satisfy the
375     requirements of this subsection.
376          (a)   General education core course options shall consist of
377     a maximum of five courses within each of the subject areas of
378     communication, mathematics, social sciences, humanities, and
379     natural sciences. The core courses may be revised, or the five-
380     course maximum within each subject area may be exceeded, if
381     approved by the State Board of Education and the Board of
382     Governors, as recommended by the subject area faculty committee
383     and approved by the Articulation Coordinating Committee as
384     necessary for a subject area.
385          (b)   Each general education core course option must contain
386     high-level academic and critical thinking skills and common
387     competencies that students must demonstrate to successfully
388     complete the course.
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389          (c)   Beginning with students initially entering a Florida
390     College System institution or state university in 2015-2016 and
391     thereafter, each student must complete at least one identified
392     core course in each subject area as part of the general
393     education course requirements. Beginning in the 2022-2023
394     academic year and thereafter, students entering a technical
395     degree education program as defined in s. 1004.02(13) must
396     complete at least one identified core course in each subject
397     area as part of the general education course requirements before
398     a degree is awarded.
399          (d)   All public postsecondary educational institutions
400     shall offer at least one general education core course in each
401     of the identified subject areas and accept these courses as
402     meeting general education core course requirements upon the
403     transfer of credit for such course regardless of whether the
404     receiving institution offers the identical general education
405     core course. The remaining general education course requirements
406     shall be identified by each institution as approved in
407     accordance with s. 1007.55 and listed in the and reported to the
408     department by their statewide course numbering system number.
409          (e)   The general education core course options shall be
410     adopted in rule by the State Board of Education and in
411     regulation by the Board of Governors.
412
413           -----------------------------------------------------
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414                       T I T L E   A M E N D M E N T
415          Remove lines 4-58 and insert:
416          legislative intent; revising the contents of the Board
417          of Governor's strategic plan; post-tenure reviews at
418          any time for cause; revising an authorization for the
419          Board of Governors to adopt specified regulations;
420          amending s. 1001.7065, F.S.; revising the academic and
421          research excellence standards for preeminent state
422          research universities; creating s. 1001.725, F.S.;
423          providing requirements for hiring state university
424          faculty; providing requirements for the employment,
425          promotion, and evaluation processes for certain state
426          university employees; authorizing state university
427          boards of trustees to review the tenure status of
428          faculty members; requiring such boards to confirm the
429          selection and reappointment of specified personnel;
430          providing requirements for certain employment
431          contracts and responsibilities; requiring state
432          university presidents to annually present specified
433          information to such boards; amending s. 1004.06, F.S.;
434          prohibiting certain entities from expending specified
435          funds for certain purposes; providing exceptions;
436          authorizing the State Board of Education and the Board
437          of Governors to adopt certain rules and regulations,
438          respectively; creating s. 1004.3841, F.S.; creating
      PCS for HB 999 a3
       Published On: 3/13/2023 10:11:46 PM
                                  Page 18 of 19
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 999   (2023)
        Amendment No. 2


439          the Institute for Risk Management and Insurance
440          Education within the College of Business at the
441          University of Central Florida; requiring the institute
442          to be located in a specified county; providing goals
443          of the institute; amending s. 1004.6496, F.S.;
444          conforming a provision to changes made by the act;
445          amending s. 1004.6499, F.S.; renaming the "Florida
446          Institute of Politics" as the "Florida Institute for
447          Governance and Civics"; revising the goals of the
448          institute; amending s. 1004.64991, F.S.; authorizing
449          the Adam Smith Center for the Study of Economic
450          Freedom within Florida International University to
451          take specified actions; amending s. 1007.25, F.S.;
452          revising the duties and responsibilities of specified
453          faculty committees relating to general education core
454          courses; deleting a provision authorizing certain
455          course maximums to be exceeded; revising requirements
456          for general education core courses; providing
457          definitions; requiring public postsecondary
458          educational institutions to offer and accept certain
459          credits for certain general education core courses;




      PCS for HB 999 a3
       Published On: 3/13/2023 10:11:46 PM
                                  Page 19 of 19


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