Florida 2023 Regular Session

Florida House Bill H0931 Latest Draft

Bill / Enrolled Version Filed 05/02/2023

                                    
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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 
1001.741, F.S.; prohibiting public institutions of 7 
higher education from requiring the completion of a 8 
political loyalty test or for persons to meet c ertain 9 
qualifications; providing requirements for such 10 
prohibited tests and qualifications; authorizing the 11 
State Board of Education and the Board of Governors to 12 
adopt rules and regulations for specified purposes; 13 
providing severability; creating s. 1001. 93, F.S.; 14 
providing legislative findings; providing definitions; 15 
requiring each state university to establish an Office 16 
of Public Policy Events; providing duties of the 17 
offices; authorizing a state university to assign the 18 
duties of the office to an existi ng office within the 19 
university; requiring such offices to report to 20 
specified state university offices; amending s. 21 
1004.26, F.S.; designating the Florida Student 22 
Association as the nonprofit advocacy organization for 23 
students of the State University Syst em; authorizing 24 
the Chancellor of the Board of Governors, with 25          
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approval from the Board of Governors, to designate 26 
another organization to serve such students under 27 
certain circumstances; providing membership for the 28 
board of directors of the association; p roviding 29 
requirements for such board of directors relating to 30 
the board's chair and the association's president; 31 
requiring the board of directors to adopt certain 32 
bylaws; providing an effective date. 33 
 34 
Be It Enacted by the Legislature of the State of Fl orida: 35 
 36 
 Section 1.  Paragraph (b) of subsection (19) of section 37 
1001.03, Florida Statutes, is amended to read: 38 
 1001.03  Specific powers of State Board of Education. — 39 
 (19)  INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 40 
ASSESSMENT.— 41 
 (b)  The State Board of Education shall require each 42 
Florida College System institution to conduct an annual 43 
assessment of the intellectual freedom and viewpoint diversity 44 
at that institution. The State Board of Education shall select 45 
or create an objective, nonpartisan, and statistically valid 46 
survey to be used by each institution which considers the extent 47 
to which competing ideas and perspectives are presented and 48 
members of the college community, including students, faculty, 49 
and staff, feel free to express their beliefs an d viewpoints on 50          
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campus and in the classroom. The State Board of Education shall 51 
annually compile and publish the assessments by December 31 52 
September 1 of each year, beginning on December 31, 2024 53 
September 1, 2022. The State Board of Education may adopt r ules 54 
to implement this paragraph. 55 
 Section 2.  Paragraph (b) of subsection (13) of section 56 
1001.706, Florida Statutes, is amended to read: 57 
 1001.706  Powers and duties of the Board of Governors. — 58 
 (13)  INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 59 
ASSESSMENT.— 60 
 (b)  The Board of Governors shall require each state 61 
university to conduct an annual assessment of the intellectual 62 
freedom and viewpoint diversity at that institution. The Board 63 
of Governors shall select or create an objective, nonpartisan, 64 
and statistically valid survey to be used by each state 65 
university which considers the extent to which competing ideas 66 
and perspectives are presented and members of the university 67 
community, including students, faculty, and staff, feel free to 68 
express their beliefs and viewpoints on campus and in the 69 
classroom. The Board of Governors shall annually compile and 70 
publish the assessments by December 31 September 1 of each year, 71 
beginning on December 31, 2024 September 1, 2022. 72 
 Section 3.  Section 1001.741, Florida Statutes, is created 73 
to read: 74 
 1001.741  State university Boards of Trustees; personnel. — 75          
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 (1)(a)  A public institution of higher education may not: 76 
 1.  Require or solicit a person to complete a political 77 
loyalty test as a condition of employment or admi ssion into, or 78 
promotion within, such institution. 79 
 2.  Give preferential consideration to a person for 80 
employment by, admission into, or promotion within the 81 
institution for an opinion or actions in support of: 82 
 a.  A partisan, a political, or an ideological set of 83 
beliefs; or 84 
 b.  Another person or group of persons based on the 85 
person's or group's race or ethnicity or support of an ideology 86 
or movement identified under sub -subparagraph (b)1.a. 87 
 (b)1.  A political loyalty test includes compelling, 88 
requiring, or soliciting a person to identify commitment to or 89 
to make a statement of personal belief in support of: 90 
 a.  Any ideology or movement that promotes the differential 91 
treatment of a person or a group of persons based on race or 92 
ethnicity, including an initiative or a formulation of 93 
diversity, equity, and inclusion beyond upholding the equal 94 
protection of the laws guaranteed by the Fourteenth Amendment to 95 
the United States Constitution or a theory or practice tha t 96 
holds that systems or institutions upholding the equal 97 
protection of the laws guaranteed by the Fourteenth Amendment of 98 
the United States Constitution are racist, oppressive, or 99 
otherwise unjust; or 100          
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 b.  A specific partisan, political, or ideological set of 101 
beliefs. 102 
 2.  A political loyalty test does not include fidelity to, 103 
or an oath or effort taken to uphold, general and federal law, 104 
the United States Constitution, or the State Constitution. 105 
 (2)  The State Board of Education and the Board of 106 
Governors may adopt rules and regulations, respectively, to 107 
implement this section and establish penalties for a willful 108 
violation of this section. 109 
 (3)  If any provision of this section or its application to 110 
any person or circumstance is held invalid, the invalidi ty does 111 
not affect other provisions or applications of this section or 112 
chapter which can be given effect without the invalid provision 113 
or application, and to this end the provisions of this section 114 
are severable. 115 
 Section 4.  Section 1001.93, Florida Sta tutes, is created 116 
to read: 117 
 1001.93  Offices of Public Policy Events within the State 118 
University System.— 119 
 (1)  The Legislature finds that the advancement of 120 
knowledge is the fundamental purpose of the State University 121 
System and that such advancement is f acilitated by the fearless 122 
sifting and winnowing of a wide diversity of views and that the 123 
open discussion and debate of contested public policy issues 124 
from diverse perspectives provides essential preparation for 125          
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mature citizenship and an informed exercise of the right to 126 
vote. 127 
 (2)  For purposes of this section, the term: 128 
 (a)  "Debate" means an event at which two or more 129 
participants speak in favor of opposing approaches to the same 130 
public policy dispute, after which each participant is allotted 131 
time to address and rebut the position presented by the opposing 132 
speakers. 133 
 (b)  "Group forum" means an event at which two or more 134 
speakers address a public policy dispute from divergent or 135 
opposing perspectives, after which each participant is allotted 136 
time to address questions from the audience and to comment on 137 
the other speakers' positions. 138 
 (3)  Each state university within the State University 139 
System must have an Office of Public Policy Events and must 140 
appoint a Director of Public Policy Events who is responsi ble 141 
for the duties and reporting responsibilities of the office. The 142 
office must, at a minimum: 143 
 (a)1.  Organize, publicize, and stage debates or group 144 
forums at the state university. These events must address, from 145 
multiple, divergent, and opposing perspe ctives, an extensive 146 
range of public policy issues widely discussed and debated in 147 
society at large. The university shall sponsor no less than four 148 
events each academic year. At least two events must occur during 149 
the fall semester and at least two events m ust occur during the 150          
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spring semester. 151 
 2.  Such debates and group forums must include speakers who 152 
represent widely held views on opposing sides of the most widely 153 
discussed public policy issues of the day and who hold a wide 154 
diversity of perspectives from within and outside of the state 155 
university community. 156 
 3.  If the office is unable to readily find an advocate 157 
from within the state university community who is well -versed in 158 
a perspective, the office shall invite a speaker who is able to 159 
represent such perspective. The office shall, when necessary, 160 
provide such speakers who are not from within the state 161 
university community with per diem and a reimbursement for 162 
travel expenses.  163 
 (b)  Maintain a permanent, publicly accessible, searchable, 164 
and up-to-date calendar in print, on the office's website, and 165 
on the state university's website listing all of the events 166 
sponsored by the office and all other debates, group forums, and 167 
events open to the entire campus community at the state 168 
university that address pub lic policy issues. The calendar must 169 
itemize the title of the event, the name and institutional 170 
affiliation of the speaker or speakers, and the office, 171 
institute, department, program, or organization that sponsored 172 
the event, excluding those events sponsor ed by off-campus groups 173 
in rented state university facilities. Such calendars must be 174 
kept in the library system of each state university. 175          
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 (c)  Beginning September 1, 2024, and annually each 176 
September 1 thereafter, provide to the Board of Governors a 177 
report detailing the following: 178 
 1.  The number of debates and group forums. 179 
 2.  In chronological order, the calendars itemizing the 180 
title of each event, the name and institutional affiliation of 181 
the speaker or speakers, and the office, institute, department, 182 
program, or organization that sponsored the event. 183 
 3.  The number of enrolled students attending each event. 184 
 4.  Expenditure information relating to any per diem or 185 
reimbursement for travel expenses. 186 
 187 
The report must reflect prior academic year statistics. 188 
 (d)  Make publicly available, in an online format, a 189 
complete video record of every debate and group forum organized 190 
by the office. The video recording for an event organized by the 191 
office must be posted on the office's website within 10 busin ess 192 
days after the event. Such video must remain publicly accessible 193 
on the office's website for at least 5 years after the date of 194 
the event. Such videos must also be permanently preserved 195 
within, and made available to the public through, the library of 196 
the state university that hosted the event. 197 
 (4)  Upon approval of the board of trustees of the state 198 
university and the Board of Governors, a state university may 199 
assign the duties of the office to an existing administrative 200          
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office within the state univers ity rather than establish a 201 
separate office. 202 
 (5)  Each office shall report directly to either the state 203 
university's office that is responsible for compiling and 204 
reporting the Integrated Postsecondary Education Data System's 205 
graduation rate survey or Offi ce of General Counsel. 206 
 (6)  Each debate and group forum organized by the office 207 
must be open to all students, faculty, and staff of the state 208 
university and, unless restricting attendance to such event is 209 
necessary to achieve a compelling governmental interest, to the 210 
general public. 211 
 Section 5.  Subsection (5) of section 1004.26, Florida 212 
Statutes, is renumbered as subsection (6), and a new subsection 213 
(5) is added to that section, to read: 214 
 1004.26  University student governments ; the Florida 215 
Student Association.— 216 
 (5)(a)  The Florida Student Association is designated as 217 
the nonprofit advocacy organization serving the needs of the 218 
students of the State University System. If the Florida Student 219 
Association fails to meet the requirements of this section, the 220 
Chancellor of the Board of Governors shall designate an 221 
equivalent nonprofit advocacy organization to serve the needs of 222 
the students of the State University System with the approval of 223 
the Board of Governors. 224 
 (b)  The Florida Student Association shall be governed by a 225          
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board of directors. The membership of the board of directors 226 
shall be comprised of the 12 student body presidents of the 227 
state universities. The board of directors shall annually elect 228 
a chair from among the board's members. The chair shall also 229 
serve as president of the association. 230 
 (c)  The Florida Student Association shall adopt bylaws to 231 
establish: 232 
 1.  A due process for the removal or impeachment of the 233 
president of the association. Su ch due process must provide that 234 
the president of the association may be removed by the majority 235 
vote of members of the board of directors. The grounds for 236 
removal of the president of the association are limited to 237 
malfeasance, misfeasance, neglect of duty , incompetence, 238 
permanent inability to perform official duties, or conviction of 239 
a felony. 240 
 2.  Procedures for the suspension and removal of the 241 
president of the association following the conviction of a 242 
felony. 243 
 3.  Procedures for a president of the assoc iation who has 244 
been disciplined, suspended, or removed from his or her position 245 
to directly appeal such decision to the Vice Chancellor for 246 
Academic and Student Affairs for the Board of Governors. The 247 
bylaws may not place any condition precedent on the exe rcise of 248 
such right granted by this paragraph and the association may not 249 
elect a new president until the exhaustion of the appeals 250          
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process or any other due process rights afforded by this 251 
section. 252 
 Section 6.  This act shall take effect July 1, 2023. 253