Meeting Packet — Postsecondary Education & Workforce Subcommittee (January 10, 2024)
Summary
Meeting packet of the Postsecondary Education & Workforce Subcommittee of the House of Representatives for Wednesday, January 10, 2024 at Morris Hall (HOB), with Lauren Melo listed as chair. The committee meeting notice lists consideration of HB 7007 OGSR/Campus Emergency Response and a presentation by Board of Governors staff on implementation of recently passed legislation. The staff analysis of HB 7007 states that the bill saves from repeal the public record and public meeting exemptions for campus emergency responses, which will repeal on October 2, 2024 if the bill does not become law. It also states that the bill removes a superfluous provision of the exemption.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Meeting Packet — Postsecondary Education & Workforce Subcommittee (January 10, 2024).”
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Postsecondary Education &
Workforce Subcommittee
January 10, 2024
9:00 PM
Morris Hall (17 HOB)
Meeting Packet
Paul Renner Lauren Melo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Postsecondary Education & Workforce Subcommittee
Start Date and Time: Wednesday, January 10, 2024 09:00 am
End Date and Time: Wednesday, January 10, 2024 10:00 am
Location: Morris Hall (17 HOB)
Duration: 1.00 hrs
Consideration of the following bill(s):
HB 7007 OGSR/Campus Emergency Response by Ethics, Elections & Open Government Subcommittee,
Griffitts
Presentation by Board of Governors staff on implementation of recently passed legislation.
To submit an electronic appearance form, and for information about attending or testifying at a committee
meeting, please see the “Visiting the House” tab at www.myfloridahouse.gov.
NOTICE FINALIZED on 01/08/2024 4:01PM by Vernon.Andrea
01/08/2024 04:01:52PM Leagis ® Page 1 of 1
HB 7007
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7007 PCB EEG 24-05 OGSR/Campus Emergency Response
SPONSOR(S): Ethics, Elections & Open Government Subcommittee, Griffitts
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Ethics, Elections & Open 12 Y, 0 N Rando Toliver
Government Subcommittee
1) Postsecondary Education & Workforce Collins Kiner
Subcommittee
SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record exemption
and each public meeting exemption five years after enactment. If the Legislature does not reenact the
exemption, it automatically repeals on October 2nd of the fifth year after enactment.
Public postsecondary educational institutions, such as state universities and state colleges, must develop
campus emergency response plans for responding to an act of terrorism or other public safety crisis or
emergency. A campus emergency response includes things such as evacuation plans, shelter arrangements,
vulnerability analyses, and the identification of certain students and staff. If campus emergency responses
were made publicly available, they could be used to hinder the response of a public postsecondary institution
to an act of terrorism or other public safety crisis or emergency.
Current law provides a public record exemption for a campus emergency response held by a public
postsecondary educational institution, a state or local law enforcement agency, a county or municipal
emergency management agency, the Executive Office of the Governor, the Department of Education, the
Board of Governors of the State University System, or the Division of Emergency Management. Current law
also provides a public meeting exemption for portions of a meeting where matters specifically exempt from
disclosure are discussed.
The bill saves from repeal the public record and public meeting exemptions, which will repeal on October 2,
2024, if the bill does not become law. The bill also removes a superfluous provision of the exemption.
The bill does not appear to have a fiscal impact on state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 1/8/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act) 1 sets forth a legislative review process for
newly created or substantially amended public record or public meeting exemptions. It requires an
automatic repeal of the exemption on October 2nd of the fifth year after creation or substantial
amendment, unless the Legislature reenacts the exemption. 2
The OGSR Act provides that a public record or public meeting exemption may be created or
maintained only if it serves an identifiable public purpose. In addition, it may be no broader than is
necessary to meet one of the following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets. 3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public
necessity statement and a two-thirds vote for passage are required. If the exemption is reenacted with
grammatical or stylistic changes that do not expand the exemption, if the exemption is narrowed, or if
an exception to the exemption is created, then a public necessity statement and a two-thirds vote are
not required. 4
Campus Emergency Response
Postsecondary educational institutions must develop campus emergency response plans for
responding to an act of terrorism 5 or other public safety crisis or emergency. 6 Specifically, a campus
emergency response includes:
• Records, information, photographs, audio and visual presentations, schematic diagrams,
surveys, recommendations, or consultations or portions thereof.
• Threat assessments conducted by any agency or private entity.
• Threat response plans.
• Emergency evacuation plans.
• Shelter arrangements.
• Manuals for security personnel, emergency equipment, or security training.
• Security systems or plans.
• Vulnerability analyses.
• Postdisaster activities, including provisions for emergency power, communications, food, and
water.
• Postdisaster transportation.
• Supplies, including drug caches.
• Identification of staff involved in emergency preparedness, response, and recovery activities.
1
Section 119.15, F.S.
2
Section 119.15(3), F.S.
3
Section 119.15(6)(b), F.S.
4
Article I, s. 24(c), Fla. Const.
5
See s. 775.30(1), F.S., for the applicable definition of “terrorism.”
6
Section 1004.0962(1), F.S.
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• Emergency equipment.
• Individual identification of affected or at risk-students, faculty, and staff before, during, or after
an emergency; the transfer of records concerning affected or at risk students, faculty, and staff;
and methods of responding to family inquires. 7
A campus emergency response often includes a public postsecondary educational institution’s
Comprehensive Emergency Management Plan (CEMP) and their Continuity of Operations Plan
(COOP). A CEMP outlines the mitigation, preparation, response, and recovery actions of campus
personnel for all hazards that could impact a college or university campus. A CEMP incorporates the
use of the National Incident Management System to facilitate interagency coordination between
responding agencies. 8 An institution’s CEMP should be consistent with their county’s CEMP, the State
of Florida’s CEMP, and the National Response Framework. 9 A COOP outlines the actions that must be
taken to ensure essential services and activities do not cease during an emergency or disaster and
identifies the individuals or agencies responsible for those actions. 10
Public Record and Public Meeting Exemptions under Review
In 2017, the Legislature created an exemption from public records requirements for information
associated with a public postsecondary institution’s campus emergency response and held by a public
postsecondary institution, a state or local law enforcement agency, a county or municipal emergency
agency, the Executive Office of the Governor, the Department of Education, the Board of Governors of
the State University System, or the Division of Emergency Management. 11
The Legislature also created a public meeting exemption for any portion of a meeting that would reveal
information related to a campus emergency response. 12
The 2017 public necessity statement 13 for the exemptions provides the following:
A campus emergency response affects the health and safety of the students,
faculty, staff, and the public at large. If campus emergency responses were made
publicly available for inspection or copying, they could be used to hamper or
disable the response of a public postsecondary institution to an act of terrorism, or
other public safety crisis or emergency. If a public postsecondary educational
institution’s response to these events were hampered or disabled, an increase in
the number of Floridians subjected to fatal injury would occur. There is ample
evidence of the capabilities of terrorists and other criminals to plot, plan, and
coordinate complicated acts of terror and violence on university and college
campuses all over the country. The aftermath of these events has also showed the
importance of viable plans by which public postsecondary educational institutions
can respond to terrorist attacks and other public safety crises or emergencies. 14
Current law also authorizes custodians of such information to disclose the exempt information:
• To another governmental entity if disclosure is necessary for the receiving entity to perform its
duties and responsibilities; or
7
Section 1004.0962(1), F.S.
8
See Comprehensive Emergency Management Plan, Division of Emergency Management, available at
https://portal.floridadisaster.org/preparedness/External/CEMP/2022%20State%20CEMP%20Base%20Plan.pdf (last visited October
19, 2023).
9
Id.
10
See Continuity of Operations Implementation Guidance, Division of Emergency Management, available at
https://www.floridadisaster.org/globalassets/importedpdfs/coop-implementation-
guidance.pdf#:~:text=The%20disaster%20preparedness%20plans%2C%20otherwise%20referred%20to%20as,of%20selected%20Stat
e%20personnel%20and%20functions%20is%20required (last visited October 19, 2023).
11
Chapter 2017-184, L.O.F.; codified as s. 1004.0962, F.S.
12
Section 1004.0962(5), F.S.
13
Article I, s. 24(c), Fla. Const., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.”
14
Chapter 2017-184, L.O.F.
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• Upon a showing of good cause before a court of competent jurisdiction. 15
However, this authorization appears unnecessary because records designated “exempt” may be
released at the discretion of the records custodian under certain circumstances. 16 The mere transfer
from one government entity to another does not change the character of the information with respect to
its exemption. 17
In 2022, the Legislature reviewed the public record and public meeting exemptions and extended the
repeal date from October 2, 2022, to October 2, 2024. The public record exemption was narrowed to
provide that the identification of staff involved in emergency preparedness, response, and recovery
activities is exempt instead of staffing information generally. 18 The public record exemption was also
narrowed to provide that the individual identification of students, faculty and staff applies only to those
persons affected or at risk before, during, or after an emergency. Lastly, the provision of the exemption
protecting the transfer of records was narrowed to apply to only affected or at-risk students, faculty, and
staff.
Pursuant to the OGSR Act, these exemptions will repeal on October 2, 2024, unless reenacted by the
legislature. 19
During the 2023 interim, subcommittee staff sent questionnaires to all 12 of the State University System
(SUS) institutions and all 28 of the Florida College System (FCS) institutions. 20 Several SUS and FCS
institutions indicated that a campus emergency response includes plans such as their CEMP and
COOP, which outline the overall framework for responding to emergencies, as well as plans for more
specific situations such as responding to dangerous weather, bomb threats, active shooters, and
evacuation procedures. 21 Of the SUS and FCS institutions that responded to the questionnaire, all
respondents — except one which declined to give a recommendation — recommended that the
exemption be reenacted as is.
Effect of the Bill
The bill removes the scheduled repeal of the exemptions, thereby saving the public record exemption
and public meeting exemption from repeal. The bill also removes a superfluous provision of the
exemption that authorizes entities to disclose the exempt information in specified circumstances, as
entities are not prohibited from disclosing the information.
B. SECTION DIRECTORY:
Section 1: 1004.0962, F.S., relating to public record and public meeting exemptions for a campus
emergency response of a public postsecondary educational institution.
Section 2: provides an effective date of October 1, 2024.
15
Section 1004.0962(4), F.S.
16
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain
circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d 1015 (Fla.
2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Riviera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA
1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential
and exempt from public disclosure, such record may not be released by the custodian of public records to anyone other than the
persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04- 09 (2004).
17
City of Riviera Beach v. Barfield, 642 So.2d 1135, 1137 (Fla. 4th DCA 1994) (Transfer of police record to another agency did not
remove exemption status).
18
Chapter 2022-133, L.O.F.
19
Section 1004.0962(6), F.S.
20
Open Government Sunset Review Questionnaire, Campus Emergency Response Plans, responses on file with the Ethics, Elections
& Open Government Subcommittee.
21
Id.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking nor confer or alter an agency’s rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7007 2024
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 1004.0962, F.S., which
4 provides an exemption from public record and public
5 meeting requirements for those portions of a campus
6 emergency response which address the response of a
7 public postsecondary educational institution to an act
8 of terrorism or other public safety crisis or
9 emergency; removing a provision allowing disclosure of
10 certain information to certain entities; removing the
11 scheduled repeal of the exemption; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsections (4), (5), and (6) of section
17 1004.0962, Florida Statutes, are amended to read:
18 1004.0962 Campus emergency response of a public
19 postsecondary educational institution; public records exemption;
20 public meetings exemption.—
21 (4) Information made exempt by this section may be
22 disclosed:
23 (a) To another governmental entity if disclosure is
24 necessary for the receiving entity to perform its duties and
25 responsibilities; or
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb7007-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7007 2024
26 (b) Upon a showing of good cause before a court of
27 competent jurisdiction.
28 (4)(5) That portion of a public meeting which would reveal
29 information related to a campus emergency response is exempt
30 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
31 (6) This section is subject to the Open Government Sunset
32 Review Act in accordance with s. 119.15 and shall stand repealed
33 on October 2, 2024, unless reviewed and saved from repeal
34 through reenactment by the Legislature.
35 Section 2. This act shall take effect October 1, 2024.
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CODING: Words stricken are deletions; words underlined are additions.
hb7007-00
Legislative Implementation Update
Legislative Implementation Update
Chancellor Ray Rodrigues
January 10, 2024
www.flbog.edu
Better Together.
Together, WE ARE #I.
Overview
Bill Topic
SB 732 Purple Star Campuses
SB 274 Credit for military combat medics
SB 7026 University bonus plans
SB 846 Foreign influence
SB 783 Emergency Opioid Antagonists
SB 266 General education, post-tenure review, & diversity, equity, & inclusion
SB 240 Programs of Strategic Emphasis & Workforce Education Partnership
Update on recent tuition waivers
2
SB 732: Purple Star Campuses
-------------------------------------------------------~-----------------------------------------------------------
Overview Implementation
Amended Board Regulation 6.013, which
♦ Institutions can receive a Purple Star outlines requirements for the program
Campus designation if they provide specified
services to military students & their families Completed Nov 2023
Developed an application template for
♦ Develop a regulation to establish the state universities
Collegiate Purple Star Campuses Program
Completed Sept 2023
~------------------------------------------------------------------------------------------------------------------~
3
SB 274: Credit for Military Combat Medics
----------------------------------------------------r---------------------------------------------------------------
Overview Implementation
Articulation Coordinating Committee (ACC)
developed & approved a policy for awarding
Establishes a pathway for eligible military
postsecondary credit to military combat
combat medics to earn postsecondary Completed Oct 2023
credit towards accredited nursing education
programs
Board of Governors approved the ACC policy
Completed Nov 2023
Amendment to Regulation 6.013 to reference
policy & equivalencies
In progress Jan 2024
ACC will recommend course equivalencies to be
approved by Board of Governors & State Board
Not started Spring 2024
4
SB 7026: University Bonus Plans
---------------------------------------------------.---------------------------------------------------------
Overview Implementation
Requires each board of trustees to submit Amended Board Regulation 9.015 to align
an annual report to the Board of Governors with the statutory changes, which requires
related to employee bonuses the universities to notify the Board on an
annual basis of any bonuses provided to
university employees
Completed Nov 2023
Board staff will collect & compile the
reports
Not started Summer 2024
5
SB 846: Foreign Influence
---------------------------------------------------.---------------------------------------------------
Overview Implementation
♦ Outlines new requirements for Amended Board Regulation 9.012 to
relationships between state universities align with new requirements
& foreign countries of concern •
Completed Sept 2023
♦ Requires Board approval for universities Sent guidance on implementation to
to participate in agreements or universities
partnerships with foreign principals from
Completed Sept 2023
countries of concern
♦ Requires annual reporting
Developed a form for approval items
•
Completed Sept 2023
6
SB 783: Emergency Opioid Antagonists
~-----------------------------------------------------
Overview Implementation
Injectable opioid antagonists must be Developed proposed Board Regulation
located in all student residence halls & 14.011, which requires institutions to
dormitories owned or operated by provide emergency opioid antagonists in all
universities university housing
In progress Jan 2024
7
SB 266: General Education Core Course Options
--------------------------------------------------------r----------------------------------------------------------~
Overview Implementation
Establish faculty committees to review core Appointed faculty to discipline committees
♦ to review the current general education
course options Completed core courses, content, & descriptions
Aug-Oct 2023
♦ Articulation Coordinating Committee, Board of Revised the general education core course
Governors, & State Board approve general options
education core courses Completed Nov 2023
Universities follow the course descriptions in Amended Board Regulation 8.005, General
♦ Education Core Course Options, to align
the Statewide Course Numbering System for
with statute
core courses In progress
Jan 2024
♦ Includes reporting requirements for general Universities will submit general education
education courses & other provisions course lists for approval
Not started 2024
8
SB 266: Post-tenure Review
~-------------------------------------------------------------------------------------------------------------
Overview Implementation
♦ Assigns final authority for hiring to the Amended Board Regulation 10.003,
university presidents Post-Tenure Faculty Review, to comply
with the new statutory language
♦ Requires university presidents to present Completed Nov 2023
performance evaluation results before
their board of trustees
♦ Specifies that faculty grievances may not
be appealed beyond the university
president or designee
♦ Requires universities to issue final
dispositions in writing to faculty & final
dispositions are not subject to arbitration
9
SB 266: Diversity, Equity, & Inclusion
Overview Implementation
Prohibits a university or university direct- Developed proposed Board Regulation
support organization from expending any 9.016, Prohibited Expenditures, to provide
state or federal funds, regardless of definitions & implement amendments to
source, to promote, support, or maintain section 1004.06, Florida Statutes
any programs or campus activities that: In progress Jan 2024
(a) Violate section 1000.05, Florida
Statutes; or
(b) Advocate for diversity, equity, and
inclusion, or promote or engage in
political or social activism
10
SB 240: Programs of Strategic Emphasis
Implemented statutory requirements
HB 1507 (2021) & SB 240 (2023) amended section 1001.706, Florida Statutes
The Board approved a
new methodology & list
Effective for the 2024-25
Incorporated input from key stakeholders
Academic Year
Staff from the Governor’s office, legislature, universities, key agencies, & the
private sector
Focus on Florida’s most critical workforce shortages
Both now & in the future
Provide a strong return on investment for students & Florida
Degrees to support in-demand fields with high wages
Note: In November 2023, the Board approved a revised Programs of Strategic Emphasis list. The revised list will be implemented for 2024-25 degrees awarded in the 2026 Accountability Plan. 11
SB 240: Workforce Education Partnership Program
~------------------------------------------------------------------------------------------------------------
Overview Implementation
♦ Creates a program for students who enroll at Adopted Board Regulation 8.015, which
state universities & are employed by a outlines requirements for the program
private employer Completed Nov 2023
♦ Develop a regulation & application template Developed an application template for
for state universities state universities
Completed Sept 2023
----------------------------------------------------~-------------------------------------------------------
12
Tuition Waivers & Exemptions
Programs of Strategic Emphasis Waiver
10 Existing 1 Civil Engineering
The program has grown Programs
significantly 2 Computer Engineering
3 Computer & Information Sciences
75% eligible students in 4 Electrical & Electronics Engineering
the last year 8 STEM
(2021) 5 Information Technology
# of credit hours waived
6 Management Information Systems
7 Mathematics
8 Physics
SB 266 required the
Board to select 2 state- 2 GAP 9 Accounting
(2022)
approved teacher 10 Finance
preparation programs 2 New Education 11 Elementary Education & Teaching
Programs { 12 Special Education & Teaching
(2023)
13
Tuition Waivers & Exemptions
Grandparent Waiver
Waivers Allocated to the Universities
by Academic Year
2022-23 2023-24
FAMU 4 3
FAU 12 6
FGCU 15 8
350 FIU 6 3
Grandparent Waivers were FL Poly 3 1
allocated to incoming FSU 67 90
freshmen in Fall 2023 NCF 4 0
UCF 51 51
UF had the most at 169 UF 145 169
UNF 6 2
USF 34 17
UWF 3 0
Total 350 350
14
Better Together.
Together, WE ARE #I.
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