HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 1 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 2 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 3 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 4 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 5 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 6 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 7 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 8 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 9 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 10 of 11 FL 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 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 HB 931 2023 CODING: Words stricken are deletions; words underlined are additions. hb0931-00 Page 11 of 11 FL 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 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