This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0999.PEW
DATE: 3/15/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 999 Public Postsecondary Educational Institutions
SPONSOR(S): Postsecondary Education & Workforce Subcommittee, Andrade and others
TIED BILLS: None IDEN./SIM. BILLS: SB 266
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Postsecondary Education & Workforce
Subcommittee
12 Y, 5 N, As CS Wolff Kiner
2) Higher Education Appropriations Subcommittee
3) Education & Employment Committee
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
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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
University
Total DEI
Funding
Total State
Funding
Percentage of
State Funding
Total FTE
University of Florida $5,333,914 $3,381,330 63% 43.278
Florida State
University
$2,454,591 $2,248,382 92% 74
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-initiatives-dei-women-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
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Florida A&M
University
$4,436,667 $4,163,497 94% 31.53
University of South
Florida
$8,663,476 $2,539,260 29% 31.87
Florida Atlantic
University
10
$904,026 $642,776 71% 8.427
University of West
Florida
$909,704 $806,398 89% 11.4054
University of Central
Florida
$4,473,498 $2,294,311 51% 25.80
Florida International
University
$3,126,827 $2,256,732 72% 21.1686
University of North
Florida
$3,518,349 $1,788,856 51% 25
Florida Golf Coast
University
$382,022 $317,662 83% 4.617
Florida Polytechnic
University
$8,363 $8,363 100% .11
New College of
Florida
$290,449 $288,335 99% 2.05
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
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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 Act
21
(“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-.stml (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 universities 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
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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. As such, student organizations such
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
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as minority student unions, LGBTQ student organizations, and student-led religious organizations are
not impacted by this bill. The written policies referenced in the bill govern the distribution of student fees
to organizations and generally require compliance with university student codes of conduct, student
body constitutions, anti-discrimination, anti-hazing, and anti-sexual violence provisions that apply
equally to all student-led organizations.
32
Additionally, the prohibition does not extend to programs required for compliance with federal laws or
regulations, or access programs for 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.’”
33
Further, the Supreme Court has stated, “by and large, public
education in our Nation is committed to the control of state and local authorities.”
34
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.’”
35
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.
36
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.
37
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.
38
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.
39
All public postsecondary educational institutions are
32
See e.g. Florida State University Board of Trustees, Regulation FSU-3.035, at 116, available at
https://regulations.fsu.edu/sites/g/files/upcbnu486/files/regulations/adopted/FSU-Chapter-3.pdf (referencing Florida State University,
Constitution of the Student Body, available at https://sga.fsu.edu/PDF/CONSTITUTION_OF_THE_STUDENT_BODY.pdf).
33
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)).
34
Epperson v. Arkansas, 393 U.S. 97, 104 (1968).
35
Widmar, 454 U.S. at 278 (quoting Sweezy v. New Hampshire, 354 U.S. 234, 263 (1957) (Frankfurter, J., concurring in result))
36
Section 1007.25(3), F.S.
37
Section 1007.25(8), F.S.
38
Section 1007.25(9), F.S.
39
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required to accept these courses as meeting general education core course requirements.
40
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.
41
Effect of Proposed Changes
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, 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. The required SBE rules and BOG regulations will provide guidance and
certainty to FCS institutions and universities related to prohibited instruction allowing for consistency
throughout Florida’s postsecondary education system. 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.
40
Id.
41
Florida Board of Governors, General Education Core Course Options, Regulation 8.005(1) and Rule 6A-14.0303(5), F.A.C. STORAGE NAME: h0999.PEW PAGE: 8
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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
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.
42
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.
43
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.
44
The Credentials
Review Committee shall establish a process for prioritizing nondegree credentials and degree
programs based on critical statewide or regional shortages.
45
The committee must establish a process for the following:
prioritizing non-degree credentials and degree programs based on critical statewide or regional
shortages;
42
Section 445.004(4)(h)1., F.S.
43
Section 445.004(4)(h)4., F.S.
44
Section 445.004(4)(h)5., F.S.
45
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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.
46
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.
47
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.
48
Additionally, the BOG must confirm the presidential selection and
reappointment of a president by a UBOT.
49
The BOG has adopted regulations establishing the powers and duties of SUS institution UBOTs.
50
Included in this regulation are the following requirements for each institution’s personnel systems:
51
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.
46
Section 445.004(4)(h)7., F.S.
47
Section 445.004(4)(h)2., F.S.
48
Section 1001.706(6)(a), F.S.
49
Id.
50
Board of Governors, Regulation 1.001 University Board of Trustees Powers and Duties.
51
Board of Governors, Regulation 1.001(5) University Board of Trustees Powers and Duties. STORAGE NAME: h0999.PEW PAGE: 10
DATE: 3/15/2023
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.
52
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.
53
Prior to August 2008, the Florida Board of Governors had a regulation covering faculty tenure and
permanent status.
54
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.
55
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.
56
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.
57
In 2008, the regulation was repealed.
58
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.
59
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.
60
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.
61
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.
62
Effect of Proposed Changes
52
Board of Governors, Regulation 1.002 Presidential Search and Selection.
53
Art. IX, s. 7(d), Fla. Const.
54
See Board of Governors, Regulation 5.940 Tenure and Permanent Status, repealed August 7, 2008.
55
Id.
56
Id.
57
Id.
58
Id.
59
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.
60
Id.
61
Section 1001.706(6)(b), F.S.
62
Florida Board of Governors, Proposed Regulations, https://www.flbog.edu/regulations/proposed-regulations/ (last visited Mar. 1,
2023). STORAGE NAME: h0999.PEW PAGE: 11
DATE: 3/15/2023
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
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.
63
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.”
64
A state research university that meets at least 6 of the 12 standards may be designated
as an “emerging preeminent state research university.”
65
The 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.
66
Currently, the University of Florida,
63
Section 1001.7065(1), F.S.
64
Section 1001.7065(3)(a), F.S.
65
Section 1001.7065(3)(b), F.S.
66
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), STORAGE NAME: h0999.PEW PAGE: 12
DATE: 3/15/2023
Florida State University, and the University of South Florida are designated as preeminent state
research universities.
67
The BOG is required to annually report on each standard in the BOG
Accountability Plan.
68
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
system (SUS).
69
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.”
70
A priority of the system is to prepare students to become civically engaged
and knowledgeable adults who positively contribute to their communities.
71
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.”
72
“Inherent
and the other for total annual research expenditures in diversified nonmedical sciences of $150 million or more, based on data reported
annually by the NSF.
67
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.
68
Section 1001.7065(2), F.S.
69
Section 1001.7065(7), F.S.
70
Section 1000.03(4), F.S.
71
Section 1000.03(5)(c), F.S.
72
Section 1004.01(2), F.S. STORAGE NAME: h0999.PEW PAGE: 13
DATE: 3/15/2023
in this broad mission are methods of instruction, research, extended training, and public service
designed to educate people and improve the human condition.”
73
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.”
74
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
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.
75
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.
76
The Adam Smith
77
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.
78
Effect of Proposed Changes
73
Id.
74
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.
75
Section 1004.6499, F.S.
76
Section 1004.6499(2)(a)-(j), F.S.
77
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).
78
Section 1004.64991(2), F.S. STORAGE NAME: h0999.PEW PAGE: 14
DATE: 3/15/2023
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.
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 STORAGE NAME: h0999.PEW PAGE: 15
DATE: 3/15/2023
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.
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.
79
A student who is classified as a “resident for
tuition purposes” is a student who qualifies for the in-state tuition rate.
80
The resident undergraduate tuition rate for the SUS is currently set in statute at $105.07 per credit
hour.
81
The average tuition and fees per credit hour are $199.72.
82
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.
83
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:
84
Be an resident for tuition purposes;
79
Section 1009.01 (1), F.S.
80
Section 1009.21(1)(g), F.S.
81
Section1009.24(4)(a), F.S.
82
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-Tuition-and-Fees-Report_updated-with-footnote.pdf.
83
Section 1009.26(18)(a), F.S.
84
Id. STORAGE NAME: h0999.PEW PAGE: 16
DATE: 3/15/2023
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.
85
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.
86
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.
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.
87
The BOG
retained the original eight STEM PSEs and adopted Accounting and Finance as the two critical
workforce gap analysis category PSEs.
88
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
85
State University System, Strategic Planning Committee Meeting Agenda for June 22, 2021, https://www.flbog.edu/session/strategic-
planning-committee-klwekqle/ Strategic Planning Committee - State University System of Florida (flbog.edu).
86
Section 1009.26(b), F.S.
87
Section 1009.47(18)(a)3., F.S.
88
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: h0999.PEW PAGE: 17
DATE: 3/15/2023
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.
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: STORAGE NAME: h0999.PEW PAGE: 18
DATE: 3/15/2023
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.
89
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
90
, the
change in metrics could have a potential, indeterminate fiscal impact.
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 $20.7 million is reported to be from state funds. The
total cost savings of the bill is indeterminate, but significant.
89
2022 Accountability Plan State University System of Florida Summary, page 11 https://www.flbog.edu/wp-
content/uploads/2022/10/2022_SYSTEM_Accountability_Plan_Final.pdf
90
S. 1001.7065(5)(c), F.S. Fiscal YearUF FSU USF Total
2013-14 15,000,000$ 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$
State University System
Preeminence Funding History STORAGE NAME: h0999.PEW PAGE: 19
DATE: 3/15/2023
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 resources.
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.
TotalState 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
State University System
Reported DEI Expenditures STORAGE NAME: h0999.PEW PAGE: 20
DATE: 3/15/2023
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
On March 13, 2023, the Postsecondary Education & Workforce Subcommittee adopted a Proposed
Committee Substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed
from HB 999 in the following ways:
requires the BOG to adopt a regulation identifying prohibited majors or minors;
replaces the requirement that education related to citizenship in a constitutional republic be
included in the BOG’s accountability plan with a requirement for curriculum that promotes
citizenship in a constitutional republic;
requires the BOG to include a definition of “cause” in its post-tenure review regulation;
requires that review of a faculty member’s tenure status at the request of a UBOT chair must be
based on considerations established in BOG post-tenure review regulation;
authorizes a university president to delegate hiring authority related to faculty positions, provided
such delegation is within his or her senior management team within the president’s office;
prohibits the solicitation of pledges or statements or commitments for or against specified
viewpoints in any hiring promotion, disciplinary, or evaluation process as well as part of any
admissions application or orientations;
narrows the scope of the required presentation of personnel evaluations by university presidents to
the UBOT to academic and administrative personnel and permits the presentation to be in written or
summary form;
provides an exemption to the DEI expenditure prohibition for student fees expended by student-led
organizations when funds are distributed to such organizations in accordance with written university
policy or regulation;
clarifies that general education core course may not distort significant historical events and must not
include instruction based on or using instruction from Critical Theory and such courses must not be
based on unproven, disproven, speculative, or exploratory content;
creates the Institute for Risk Management and Insurance Education within the College of Business
at the University of Central Florida; and
provides protections for recipients of the Buy One, Get one Free Tuition and Fee Waiver.
The bill analysis is drafted to the committee substitute adopted by the Postsecondary Education &
Workforce Subcommittee.