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Home Source documents House of Representatives Staff Analysis — PCS for HB 999 Public Postsecondary Educational Institutions (3/9/2023)

House of Representatives Staff Analysis — PCS for HB 999 Public Postsecondary Educational Institutions (3/9/2023)

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

Summary

A Florida House of Representatives staff analysis of PCS for HB 999, Public Postsecondary Educational Institutions, sponsored by the Postsecondary Education & Workforce Subcommittee and dated 3/9/2023. The summary analysis states that the bill prohibits state colleges and universities from expending state or federal funds on Diversity, Equity, and Inclusion programs except as specified, and bolsters the authority of University Boards of Trustees. It also describes changes to general education core courses, the Preeminent State Research University Program and the Buy One, Get One Free Tuition & Fee Waiver. The analysis includes a table of DEI expenditures reported by 12 universities, totaling $34,501,886. It closes with fiscal comments, rule-making authority and a note that no amendments apply, and gives an effective date of July 1, 2023.

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Cite this document

“House of Representatives Staff Analysis — PCS for HB 999 Public Postsecondary Educational Institutions (3/9/2023).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3247-postsecondary-education-workforce-subcommittee-proposed-committee-bill-analyses-fn-pcs0999-pew/, SHA-256 ea0fedee96a41c131b8a1ad697344fa165a9460594e66ec62f8e672988a19218.

Full text

                                  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 docum ent 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-in itiatives-dei-wo men-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
DATE: 3/9/2023
          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
          University10
          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 Act21 (“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-.st ml (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 un iversities 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
DATE: 3/9/2023
                 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
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         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 d ata 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 Smith76 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
DATE: 3/9/2023
                 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-Tuit ion-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-klwekq le/ Strategic Planning Committee - State University System of Florida (flbog.edu).
85 Section 1009.26(b), F.S.
STORAGE NAME: pcs0999.PEW                                                                                                PAGE: 15
DATE: 3/9/2023
         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
DATE: 3/9/2023
                                                 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 res ources.
       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
DATE: 3/9/2023


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