Florida 2023 2023 Regular Session

Florida House Bill H0931 Introduced / Bill

Filed 02/17/2023

                       
 
HB 931  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to postsecondary educational 2 
institutions; amending ss. 1001.03 and 1001.706, F.S.; 3 
revising the date by which the State Board of 4 
Education and the Board of Governors must annually 5 
compile and publish specified assessments; creating s. 6 
1001.93, F.S.; providing legislative findings; 7 
providing definitions; requiring the Board of 8 
Governors of the State University System to establish 9 
an Office of Public Policy Events; requiring the 10 
office to establish satellite offices at each state 11 
university; providing duties of the office, including 12 
duties relating to hosting specified events and 13 
recordings of such events, maintaining calendars, and 14 
reporting requirements; authorizing a state university 15 
to assume the responsibilities of the satellite office 16 
on its campus; providing requirements for such state 17 
universities; requiring satellite offices to report to 18 
specified state university offices; providing 19 
requirements for events of the office; amending s. 20 
1004.097, F.S.; prohibiting public institutions of 21 
higher education from requiring the completion of a 22 
political loyalty test or for persons to meet certain 23 
qualifications; providing requirements for such 24 
prohibited tests and qualifications; requiring the 25     
 
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State Board of Education and the Board of Governors t o 26 
adopt rules and regulations for specified purposes; 27 
providing severability; amending s. 1004.26, F.S.; 28 
designating the Florida Student Association as the 29 
nonprofit advocacy organization for students of the 30 
State University System; authorizing the Chancel lor of 31 
the Board of Governors, with approval from the Board 32 
of Governors, to designate another organization to 33 
serve such students under certain circumstances; 34 
providing membership for the board of directors of the 35 
association; providing requirements for s uch board of 36 
directors relating to the board's chair and the 37 
association's president; requiring the board of 38 
directors to adopt certain bylaws; providing an 39 
effective date. 40 
 41 
Be It Enacted by the Legislature of the State of Florida: 42 
 43 
 Section 1.  Paragraph (b) of subsection (19) of section 44 
1001.03, Florida Statutes, is amended to read: 45 
 1001.03  Specific powers of State Board of Education. — 46 
 (19)  INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 47 
ASSESSMENT.— 48 
 (b)  The State Board of Education shall require each 49 
Florida College System institution to conduct an annual 50     
 
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assessment of the intellectual freedom and viewpoint diversity 51 
at that institution. The State Board of Education shall select 52 
or create an objective, nonpartisan, and statistically valid 53 
survey to be used by each institution which considers the extent 54 
to which competing ideas and perspectives are presented and 55 
members of the college community, including students, faculty, 56 
and staff, feel free to express their beliefs and viewpoints on 57 
campus and in the classroom. The State Board of Education shall 58 
annually compile and publish the assessments by December 31 59 
September 1 of each year, beginning on December 31, 2024 60 
September 1, 2022. The State Board of Education may adopt rules 61 
to implement this para graph. 62 
 Section 2.  Paragraph (b) of subsection (13) of section 63 
1001.706, Florida Statutes, is amended to read: 64 
 1001.706  Powers and duties of the Board of Governors. — 65 
 (13)  INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 66 
ASSESSMENT.— 67 
 (b)  The Board of Governors shall require each state 68 
university to conduct an annual assessment of the intellectual 69 
freedom and viewpoint diversity at that institution. The Board 70 
of Governors shall select or create an objective, nonpartisan, 71 
and statistically valid survey to be used by each state 72 
university which considers the extent to which competing ideas 73 
and perspectives are presented and members of the university 74 
community, including students, faculty, and staff, feel free to 75     
 
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express their beliefs and viewpoints on campu s and in the 76 
classroom. The Board of Governors shall annually compile and 77 
publish the assessments by December 31 September 1 of each year, 78 
beginning on December 31, 2024 September 1, 2022. 79 
 Section 3.  Section 1001.93, Florida Statutes, is created 80 
to read: 81 
 1001.93  The Office of Public Policy Events within the 82 
State University System. — 83 
 (1)  The Legislature finds that the advancement of 84 
knowledge is the fundamental purpose of the State University 85 
System and that such advancement is facilitated by the fea rless 86 
sifting and winnowing of a wide diversity of views and that the 87 
open discussion and debate of contested public policy issues 88 
from diverse perspectives provides essential preparation for 89 
mature citizenship and an informed exercise of the right to 90 
vote. 91 
 (2)  For purposes of this section, the term: 92 
 (a)  "Debate" means an event at which two or more 93 
participants speak in favor of opposing approaches to the same 94 
public policy dispute, after which each participant is allotted 95 
time to address and rebut the position presented by the opposing 96 
speakers. 97 
 (b)  "Group forum" means an event at which two or more 98 
speakers address a public policy dispute from divergent or 99 
opposing perspectives, after which each participant is allotted 100     
 
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time to address questions from t he audience and to comment on 101 
the other speakers' positions. 102 
 (3)  The Board of Governors of the State University System 103 
shall establish, fund, and staff an Office of Public Policy 104 
Events. The office must have a satellite office at each state 105 
university within the State University System. The office must, 106 
at a minimum: 107 
 (a)1.  Organize, publicize, and stage a substantial number 108 
of debates, group forums, and individual lectures at each state 109 
university that address, from multiple, divergent, and opposing 110 
perspectives, an extensive range of public policy issues widely 111 
discussed and debated in society at large. 112 
 2.  Such debates, group forums, and lectures must include 113 
speakers who represent widely held views on opposing sides of 114 
the most widely discussed publi c policy issues of the day and 115 
who hold a wide diversity of perspectives from within and 116 
outside of the state university community. 117 
 3.  If the office is unable to readily find an advocate 118 
from within the state university community who is well -versed in 119 
a perspective, the office shall invite a speaker who is able to 120 
represent such perspective. The office shall, when necessary, 121 
provide such speakers who are not from within the state 122 
university community with per diem and a reimbursement for 123 
travel expenses.  124 
 (b)1.  Maintain a permanent, publicly accessible, 125     
 
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searchable, and up-to-date calendar in print, on the office's 126 
website, and on each state university's website listing all of 127 
the events sponsored by the office and all other debates, group 128 
forums, and individual lectures open to the entire campus 129 
community at the state university that address public policy 130 
issues. The calendar must itemize the title of the event or 131 
lecture, the name and institutional affiliation of the speaker 132 
or speakers, and the office, institute, department, program, or 133 
organization that sponsored the event, excluding those events 134 
sponsored by off-campus groups in rented state university 135 
facilities. 136 
 2.  Beginning September 1, 2024, and annually each 137 
September 1 thereafter, provide to th e Governor, the 138 
Legislature, and to each state university a printed and an 139 
electronic copy of the previous academic year's calendar for 140 
each state university. Such calendars must be arranged 141 
chronologically. Such calendars must be kept in the library 142 
system of each state university. 143 
 (c)  Make publicly available, in an online format, a 144 
complete video record of every debate, group forum, and 145 
individual lecture organized by the office. The video recording 146 
for an event organized by the office must be posted on the 147 
office's website within 10 business days after the event. Such 148 
video must remain publicly assessible on the office's website 149 
for at least 5 years after the date of the event. Such videos 150     
 
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must also be permanently preserved within, and made available to 151 
the public through, the library of the state university that 152 
hosted the event. 153 
 (4)  At the discretion of the board of trustees of a state 154 
university and the Board of Governors, the Board of Governors 155 
may assign the duties of the office to an existing 156 
administrative office within the state university rather than 157 
establish a satellite office. The state university must appoint 158 
a Director of Public Policy Events. The Director of Public 159 
Policy Events and his or her staff are responsible for the 160 
duties and reporting responsibilities of the office. 161 
 (5)  Each satellite office shall report directly to either 162 
the state university's office that is responsible for compiling 163 
and reporting the Integrated Postsecondary Education Data 164 
System's graduation rate survey or O ffice of General Counsel. 165 
 (6)  Each debate, group forum, and individual lecture 166 
organized by the office must be open to all students, faculty, 167 
and staff of the state university and, unless restricting 168 
attendance to such event is necessary to achieve a com pelling 169 
governmental interest, to the general public. 170 
 Section 4.  Subsection (4) of section 1004.097, Florida 171 
Statutes, is renumbered as subsection (5), and a new subsection 172 
(4) is added to that section, to read: 173 
 1004.097  Free expression on campus. — 174 
 (4)(a)  A public institution of higher education may not: 175     
 
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 1.  Require or solicit a person to complete a political 176 
loyalty test as a condition of employment or admission into, or 177 
promotion within, such institution. 178 
 2.  Give preferential consideration to a person for 179 
employment by, admission into, or promotion within the 180 
institution for an opinion or actions in support of: 181 
 a.  A partisan, a political, or an ideological set of 182 
beliefs; or 183 
 b.  Another person or group of persons based on the 184 
person's or group's race or ethnicity or support of an ideology 185 
or movement identified under sub -subparagraph (b)1.a. 186 
 (b)1.  A political loyalty test includes compelling, 187 
requiring, or soliciting a person to identify commitment to or 188 
to make a statement of personal belie f in support of: 189 
 a.  Any ideology or movement that promotes the differential 190 
treatment of a person or a group of persons based on race or 191 
ethnicity, including an initiative or a formulation of 192 
diversity, equity, and inclusion beyond upholding the equal 193 
protection of the laws guaranteed by the Fourteenth Amendment to 194 
the United States Constitution or a theory or practice that 195 
holds that systems or institutions upholding the equal 196 
protection of the laws guaranteed by the Fourteenth Amendment of 197 
the United States Constitution are racist, oppressive, or 198 
otherwise unjust; or 199 
 b.  A specific partisan, political, or ideological set of 200     
 
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beliefs. 201 
 2.  A political loyalty test does not include fidelity to, 202 
or an oath or effort taken to uphold, the United States 203 
Constitution or the State Constitution. 204 
 (c)  The State Board of Education and the Board of 205 
Governors may adopt rules and regulations, respectively, to 206 
implement this subsection and establish penalties for a willful 207 
violation of this section. 208 
 (d)  If any provision of this subsection or its application 209 
to any person or circumstance is held invalid, the invalidity 210 
does not affect other provisions or applications of this 211 
subsection or chapter which can be given effect without the 212 
invalid provision or application, a nd to this end the provisions 213 
of this subsection are severable. 214 
 Section 5.  Subsection (5) of section 1004.26, Florida 215 
Statutes, is renumbered as subsection (6), and a new subsection 216 
(5) is added to that section, to read: 217 
 1004.26  University student go vernments; the Florida 218 
Student Association.— 219 
 (5)(a)  The Florida Student Association is designated as 220 
the nonprofit advocacy organization serving the needs of the 221 
students of the State University System. If the Florida Student 222 
Association fails to meet th e requirements of this section, the 223 
Chancellor of the Board of Governors shall designate an 224 
equivalent nonprofit advocacy organization to serve the needs of 225     
 
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the students of the State University System with the approval of 226 
the Board of Governors. 227 
 (b)  The Florida Student Association shall be governed by a 228 
board of directors. The membership of the board of directors 229 
shall be comprised of the 12 student body presidents of the 230 
state universities. The board of directors shall annually elect 231 
a chair from among t he board's members. The chair shall also 232 
serve as president of the association. 233 
 (c)  The Florida Student Association shall adopt bylaws to 234 
establish: 235 
 1.  A due process for the removal or impeachment of the 236 
president of the association. Such due process must provide that 237 
the president of the association may be removed by the majority 238 
vote of members of the board of directors. The grounds for 239 
removal of the president of the association are limited to 240 
malfeasance, misfeasance, neglect of duty, incompetence, 241 
permanent inability to perform official duties, or conviction of 242 
a felony. 243 
 2.  Procedures for the suspension and removal of the 244 
president of the association following the conviction of a 245 
felony. 246 
 3.  Procedures for a president of the association who has 247 
been disciplined, suspended, or removed from his or her position 248 
to directly appeal such decision to the Vice Chancellor for 249 
Academic and Student Affairs for the Board of Governors. The 250     
 
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bylaws may not place any condition precedent on the exercise of 251 
such right granted by this paragraph and the association may not 252 
elect a new president until the exhaustion of the appeals 253 
process or any other due process rights afforded by this 254 
section. 255 
 Section 6.  This act shall take effect July 1, 2023. 256