Florida House Bill H0999 Analysis / Analysis

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0999a.EEC 
DATE: 4/20/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/CS/HB 999    Postsecondary Educational Institutions 
SPONSOR(S): Education & Employment Committee, Postsecondary Education & Workforce Subcommittee, 
Andrade and others 
TIED BILLS:  None. IDEN./SIM. BILLS: CS/CS/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) Education & Employment Committee 15 Y, 5 N, As CS Wolff Hassell 
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, state 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 a directive to each university regarding its programs for any curriculum that violates the Florida 
Educational Equity Act (FEEA) or is based on divisive concepts. 
 
The bill bolsters the authority of university presidents to select and hire the provost, the deans, and all full-time faculty for 
the university. The president may only delegate this authority to specified university personnel. Additionally, the university 
board of trustees must have procedures to review the university president’s selection and reappointment of his or her 
executive management team. 
 
To ensure that faculty, staff, and students at Florida’s public postsecondary educational institutions are hired or admitted 
based on merit rather than ideological perspective, the bill prohibits the use of statements, pledges, or oaths, except those 
to uphold state or federal law or constitutions, in the institution’s admissions, hiring, employment, promotion, tenure, 
disciplinary, or evaluation processes. 
 
The bill clarifies that public postsecondary institution are not required to change accrediting agencies or associations more 
than once and provides additional protections for postsecondary education institutions from retaliatory and adverse 
actions by accrediting agencies and associations. 
 
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, the Hamilton Center for Classical and Civic Education at 
the University of Florida, and establishes the Institute for Risk Management & Insurance Education at the University of 
Central Florida. The bill prohibits general education core courses that distort significant historical events, teach identity 
politics or violate the FEEA, or are based on divisive concepts 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 STEM-related research expenditures, including federal expenditures, of 
$50 million or more. 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 and requiring the BOG to identify two teacher 
preparation programs for inclusion in the waiver. The bill adds “new parents” as an eligible population for the State 
University Free Seat 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 Tuition fee, which is effective upon the 
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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 Apr. 15, 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 Apr. 15, 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
 Id.  STORAGE NAME: h0999a.EEC 	PAGE: 3 
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Florida A&M 
University
10
 
$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
11
 
$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.
12
 
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.
13
 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.
14
  
 
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.”
15
 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.”
16
  
 
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.”
17
 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 
                                                
10
 Florida A&M University submitted updated DEI expenditure data to the Legislature reflecting $2,307,088.41 in expenditures, a 
more than $2 million reduction from the institution’s original submission. Florida A&M University, Higher Education Program and 
Activity Survey, on file with the Education & Employment Committee. 
11
 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. 
12
 Florida Board of Governors, Combined SUS DEI Response, available at 
https://drive.google.com/file/d/1vQbcRDZmWzewqD_vuFx97zjTIscoG1O8/view. 
13
 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. 
14
 Id. at 16. 
15
 Id. at 9. 
16
 Id. at 11. 
17
 Id. at 18.  STORAGE NAME: h0999a.EEC 	PAGE: 4 
DATE: 4/20/2023 
  
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.
18
 
 
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.
19
 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.
20
 Specifically, by February 1, 2023, the presidents of FCS 
institutions agreed to evaluate and eliminate all anti-discrimination instruction, training, and policies.
21
 
 
Florida Educational Equity Act 
 
The Florida Educational Equity Act
22
 (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.
23
 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.
24
 
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.
25
 
Further, the FEEA expressly requires that any discrimination motivated by anti-Semitic
26
 intent be 
treated in an identical manner to discrimination motivated by race.
27
 
 
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. 
                                                
18
 Id. 
19
 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 Apr. 15, 2023). 
20
 Id. 
21
 Id. 
22
 Section 1000.05(1), F.S. 
23
 Section 1000.05(2)(a), F.S. 
24
 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. 
25
 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.  
26
 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. 
27
 Section 1000.05(7), F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 5 
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 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. 
 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.
28
 
 
The FEEA is implemented by the Board of Governors through regulations
29
 and rules adopted by the 
State Board of Education (SBE).
30
 Additionally, the Office of Equal Educational Opportunity, within the 
Department of Education (DOE), serves implementation functions including, but not limited to, the 
following:
31
 
 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.
32
 
 
Effect of Proposed Changes 
 
The bill requires the Board of Governors (BOG), in its periodic review of the alignment of institutional 
missions, to provide a directive to universities regarding their programs for any curriculum that violates 
the FEEA or that is based on theories that systemic racism, sexism, oppression, or privilege are 
inherent in the institutions of the United States and were created to maintain social, political, or 
economic inequities. 
 
The bill prohibits the expenditure of state or 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; or  
 advocate for diversity, equity, and inclusion, or promote or engage in political or social activism, 
as defined by SBE rule and BOG regulation, as applicable.  
 
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. Similarly, the bill provides an 
                                                
28
 Section 1000.05(4), F.S. 
29
 Florida Board of Governors, Regulation 2.003. 
30
 Chapter 6A-19, F.A.C. 
31
 Section 1000.05(6), F.S. 
32
 Section 1000.05(8), F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 6 
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exemption for the use of institution facilities by student-led organizations, provided that such use must 
be granted to student-led organizations pursuant to written policies or regulations of each Florida 
College System institution or state university, as applicable. As such, student organizations such as 
minority student unions, LGBTQ student organizations, and student-led religious organizations are not 
impacted by the 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.
33
 
 
Additionally, the prohibition does not extend to programs required for compliance with state or 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 requires the SBE and the BOG to adopt rules and regulations, 
respectively, to implement this prohibition. 
 
The bill amends an 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.’”
34
 Further, the Supreme Court has stated, “by and large, public 
education in our Nation is committed to the control of state and local authorities.”
35
 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.’”
36
 
 
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.
37
  
 
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.
38
 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.
39
 
 
                                                
33
 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).  
34
 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)). 
35
 Epperson v. Arkansas, 393 U.S. 97, 104 (1968). 
36
 Widmar, 454 U.S. at 278 (quoting Sweezy v. New Hampshire, 354 U.S. 234, 263 (1957) (Frankfurter, J., concurring in result)) 
37
 Section 1007.25(3), F.S.  
38
 Section 1007.25(8), F.S. 
39
 Section 1007.25(9), F.S.   STORAGE NAME: h0999a.EEC 	PAGE: 7 
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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.
40
 All public postsecondary educational institutions are 
required to accept these courses as meeting general education core course requirements.
41
 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.
42
 
 
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 4 
years thereafter, for the removal, alignment, realignment, or addition of general education core courses 
that meet statutory requirements.  
 
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 courses that have been 
approved by the ACC 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, 
unless a course is exempted from this requirement by the BOG or the SBE, as applicable; 
 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 requires that general education core courses must be based on the fundamental truth that all 
persons are equal before the law and have inalienable rights and prohibits any general education core 
course that distorts significant historical events, violates the FEEA, or is based on theories that 
systemic racism, sexism, oppression, or privilege are inherent in the institutions of the United States 
and were created to maintain social, political, or economic inequities. 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.  
 
The bill establishes the following standards for general education core courses: 
 Communication courses must afford students the ability to communicate effectively, including 
the ability to write clearly and engage in public speaking. 
                                                
40
 Section 1007.25(3), F.S.  
41
 Id.  
42
 Florida Board of Governors, General Education Core Course Options, Regulation 8.005(1) and Rule 6A-14.0303(5), F.A.C.  STORAGE NAME: h0999a.EEC 	PAGE: 8 
DATE: 4/20/2023 
  
 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. 
 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. Additionally, the bill prohibits a public postsecondary educational institution from requiring a 
student to complete an additional course to meet a subject area distribution requirement that was 
completed by the student with a course that has since been removed as a general education core 
course. 
 
The bill requires public postsecondary education institutions to annually review, at a public meeting, the 
general education core course offered at the institution. 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. 
 
Failure to comply with any of the provisions of new section of law governing general education course 
principles, standards, and content precludes an institution from receiving performance-based funding. 
 
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.
43
 
 
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.
44
 
 
                                                
43
 Section 445.004(4)(h)1., F.S. 
44
 Section 445.004(4)(h)4., F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 9 
DATE: 4/20/2023 
  
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.
45
 The Credentials 
Review Committee shall establish a process for prioritizing nondegree credentials and degree 
programs based on critical statewide or regional shortages.
46
 
 
The committee must establish a process for the following: 
 prioritizing non-degree credentials and degree programs based on critical statewide or regional 
shortages;  
 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.
47
 
 
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.
48
 
 
Effect of Proposed Changes 
 
The bill requires that the BOG address institutional alignment of programs to support Florida’s existing 
and emerging economic development needs. Additionally, the BOG strategic plan must include criteria 
for designating non-degree credentials as high-demand programs of emphasis.  
 
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.
49
 Additionally, the BOG must confirm the presidential selection and 
reappointment of a president by a University Board of Trustees (UBOT).
50
 
 
The BOG has adopted regulations establishing the powers and duties of SUS institution UBOTs.
51
 
Included in this regulation are the following requirements for each institution’s personnel systems:
52
 
 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 
                                                
45
 Section 445.004(4)(h)5., F.S. 
46
 Section 445.004(4)(h)6., F.S. 
47
 Section 445.004(4)(h)7., F.S. 
48
 Section 445.004(4)(h)2., F.S. 
49
 Section 1001.706(6)(a), F.S. 
50
 Id. 
51
 Board of Governors, Regulation 1.001 University Board of Trustees Powers and Duties.  
52
 Board of Governors, Regulation 1.001(5) University Board of Trustees Powers and Duties.  STORAGE NAME: h0999a.EEC 	PAGE: 10 
DATE: 4/20/2023 
  
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. 
 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.
53
 
 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.
54
 
 
Prior to August 2008, the Florida Board of Governors had a regulation covering faculty tenure and 
permanent status.
55
 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.
56
 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.
57
 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.
58
 In 2008, the regulation was repealed.
59
 
 
To coincide with the repeal of the BOG’s tenure regulation, the BOG adopted a regulation tasking each 
UBOT with establishing the personnel system for all state university employees, including the president 
and faculty.
60
 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.
61
 
 
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.
62
 
 
                                                
53
 Board of Governors, Regulation 1.002 Presidential Search and Selection. 
54
 Art. IX, s. 7(d), Fla. Const. 
55
 See Board of Governors, Regulation 5.940 Tenure and Permanent Status, repealed August 7, 2008. 
56
 Id. 
57
 Id. 
58
 Id. 
59
 Id. 
60
 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.  
61
 Id. 
62
 Section 1001.706(6)(b), F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 11 
DATE: 4/20/2023 
  
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.
63
 
 
Effect of Proposed Changes 
 
The bill provides that each state university president has the responsibility for hiring the provost, deans, 
and all full-time faculty at the institution. The president may only delegate this authority to the 
university’s executive management team within the president’s office. Neither the president nor his or 
her delegate are bound by the recommendations of faculty or other individuals. The president is 
encouraged to engage in faculty recruiting and required to report to the UBOT, twice annually, on 
employment practices of the university. 
 
The bill prohibits a state university from requiring any statement, pledge, or oath other than to uphold 
general and federal law, the United States Constitution, and the State Constitution as a part of any 
admissions, hiring, employment, promotion, tenure, disciplinary, or evaluation process. 
 
The bill prohibits the appeal of any personnel action or decision regarding faculty, including evaluations, 
promotions, tenure, discipline or termination, beyond the university president or his or her designee. 
Any such action must be finalized in writing and shall not be subject to arbitration. The filing of a 
grievance does not toll the action or decision of the university. 
 
The bill requires the UBOT to have procedures for the review of the university president’s selection and 
reappointment of his or her executive management team and the terms of their contracts and salaries, 
prior to such contracts and salaries becoming effective.  
 
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 personnel earning more than $200,000, regardless of the source of funding. The results 
may be presented in a summary or written format. 
 
The bill requires that the BOG adopt a regulation requiring each tenured state university faculty 
member to undergo a comprehensive post-tenure review every 5 year. The statute currently authorizes 
but does not require such a regulation. The required components of the post-tenure review regulation 
are unchanged. 
 
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.
64
 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.”
65
 A state research university that meets at least 6 of the 12 standards may be designated 
as an “emerging preeminent state research university.”
66
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; 
                                                
63
 Florida Board of Governors, Proposed Regulations, https://www.flbog.edu/regulations/proposed-regulations/ (last visited Apr. 15, 
2023). 
64
 Section 1001.7065(1), F.S.   
65
 Section 1001.7065(3)(a), F.S.   
66
 Section 1001.7065(3)(b), F.S.    STORAGE NAME: h0999a.EEC 	PAGE: 12 
DATE: 4/20/2023 
  
postdoctoral appointees annually; and institutional endowment.
67
 Currently, the University of Florida, 
Florida State University, and the University of South Florida are designated as preeminent state 
research universities.
68
 The BOG is required to annually report on each standard in the BOG 
Accountability Plan.
69
 
 
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).
70
 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 STEM-related research expenditures, 
including federal research expenditures, of $50 million or more. 
 
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.”
71
 A priority of the system is to prepare students to become civically engaged 
and knowledgeable adults who positively contribute to their communities.
72
 
 
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 
                                                
67
 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), 
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. 
68
 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. 
69
 Section 1001.7065(2), F.S. 
70
 Section 1001.7065(7), F.S. 
71
 Section 1000.03(4), F.S. 
72
 Section 1000.03(5)(c), F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 13 
DATE: 4/20/2023 
  
sensitivities; scientific, professional, and technological expertise; and a sense of purpose.”
73
 “Inherent 
in this broad mission are methods of instruction, research, extended training, and public service 
designed to educate people and improve the human condition.”
74
   
 
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.”
75
   
 
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 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.
76
 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.
77
 
 
The Adam Smith
78
 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.
79
 
 
                                                
73
 Section 1004.01(2), F.S. 
74
 Id. 
75
 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. 
76
 Section 1004.6499, F.S. 
77
 Section 1004.6499(2)(a)-(j), F.S. 
78
 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 Apr. 15, 2023). 
79
 Section 1004.64991(2), F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 14 
DATE: 4/20/2023 
  
In 2022, the Legislature authorized the University of Florida to create the Hamilton Center for Classical 
and Civic Education. The purpose of the center is to support teaching and research concerning the 
ideas, traditions, and texts that form the foundations of Western and American civilization. The goals of 
the center are to: 
 Educate university students in core texts and great debates of Western civilization and the 
Great Books. 
 Educate university students in the principles, ideals, and institutions of the American political 
order. 
 Educate university students in the foundations of responsible leadership and informed 
citizenship. 
 Provide programming and training related to civic education and the values of open inquiry and 
civil discourse to support the K-20 system. 
 Coordinate with the Florida Institute of Politics and the Adam Smith Center for the Study of 
Economic Freedom and assist in the curation and implementation of Portraits in Patriotism 
curriculum. 
 
Effect of Proposed Changes 
 
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; 
 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. 
 
The bill requires the University of Florida to begin transitioning the Hamilton Center for Classical and 
Civic Education (Center) to a permanent college within the university. The university must provide  STORAGE NAME: h0999a.EEC 	PAGE: 15 
DATE: 4/20/2023 
  
annual reports, beginning January 1, 2024, to the Governor, the President of the Senate, and the 
Speaker of the House on the status of this transition. The bill amends the goals of the center by adding 
the requirements that the Center is responsible for developing curriculum and courses to satisfy the 
new requirement for the competency in civil discourse as well as developing educational programming 
and a plan for implementation to ensure all students at the university are competent in civil discourse. 
 
In support of the Center, the president of the university must: 
 Annually update the UBOT on the Center’s progress towards developing educational 
programming to ensure that all students at the university are competent in civil discourse, 
including a timeline and the supports necessary for the university to achieve this goal. 
 Guide the university’s leadership and the Center to ensure that the Center, once it has 
transitioned to being a permanent college, is able to enroll students, hire faculty, ensure a 
pathway to tenure for faculty, develop curriculum, develop courses, establish certificate and 
degree programs, establish majors and minors, and fulfill other actions approved by the 
president. 
 
The bill clarifies that funds appropriated for the Center may not be used for any other purpose. 
 
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 
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.  STORAGE NAME: h0999a.EEC 	PAGE: 16 
DATE: 4/20/2023 
  
 
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.
80
 A student who is classified as a “resident for 
tuition purposes” is a student who qualifies for the in-state tuition rate.
81
 
 
The resident undergraduate tuition rate for the SUS is currently set in statute at $105.07 per credit 
hour.
82
 The average tuition and fees per credit hour are $199.72.
83
 
 
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.
84
 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:
85
 
 Be an resident for tuition purposes; 
 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.
86
 
 
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.
87
 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.
88
 The BOG 
retained the original eight STEM PSEs and adopted Accounting and Finance as the two critical 
workforce gap analysis category PSEs.
89
 
 
Effect of Proposed Changes 
 
                                                
80
 Section 1009.01 (1), F.S. 
81
 Section 1009.21(1)(g), F.S. 
82
 Section1009.24(4)(a), F.S. 
83
 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.  
84
 Section 1009.26(18)(a), F.S. 
85
 Id. 
86
 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). 
87
 Section 1009.26(b), F.S. 
88
 Section 1009.47(18)(a)3., F.S. 
89
 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: h0999a.EEC 	PAGE: 17 
DATE: 4/20/2023 
  
The bill protects students from losing the waiver based on a change to an approved program. The bill 
amends the requirements for designation such that a program must only be offered by a majority of 
state universities at the time the BOG approves the list of programs. 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. 
 
The bill requires the BOG to identity two teacher preparation programs for inclusion in the BOGO 
waiver, beginning in the 2023-2024 academic year. 
 
State University Free Seat Program 
 
Present Situation 
 
The ‘State University Free Seat Program’ was created in 2021 to encourage nontraditional students, 
veterans, active duty members of the United States Armed Forces, and active drilling members of the 
Florida National Guard, to enroll in and attend one of Florida’s state universities.
90
 Fee waivers granted 
may not exceed 1,000 students systemwide each academic year.
91
 
 
To be eligible for the State University Free Seat Program, a student may not have previously received a 
bachelor’s degree, must be a resident for tuition purposes, enrolled in an online baccalaureate degree 
program, and meet one of the following additional eligibility requirements: 
 Be a veteran; 
 Be an active duty member of the United States Armed Forces; 
 Be an active drilling member of the Florida National Guard; or 
 Have not been enrolled in a postsecondary institution for more than five years.
92
 
 
An eligible student is exempt from the payment of tuition and fees for one ‘free’ online course in an 
online baccalaureate degree program at a state university. For all other program courses, the student is 
provided a 25 percent discount on tuition, including any tuition differential fee, provided the student 
remains enrolled at least part-time in the online baccalaureate degree program during each academic 
year.
93
  
 
The tuition discount is applicable for up to 110 percent of the number of required credit hours of the 
degree program for which the student is enrolled.
94
 
 
Each state university must annually report to the BOG the number and value of waivers granted 
pursuant to the bill’s provisions.
95
 The BOG is required to adopt regulations governing the State 
University Free Seat Program.
96
 
 
For academic year 2021-2022, state universities reported that a total of 156 State University Free Seat 
Program waivers were granted.
97
 Additionally, for fall of 2022 state universities reported a total of 94 
State University Free Seat Program were granted.
98
 
 
Effect of the Proposed Changes 
 
                                                
90
 Section 1009.26(19), F.S. 
91
 Id. 
92
 Section 1009.26(19)(a), F.S. 
93
 Section 1009.26(19)(b), F.S. 
94
 Section 1009.26(19)(c), F.S. 
95
 Section 1009.26(19)(d), F.S. 
96
 Section 1009.26(19)(e), F.S.; Florida Board of Governors Regulation 7.008(3)(r). 
97
 Florida Board of Governors, Fee Waiver Summary, https://www.flbog.edu/resources/data-analytics/dashboards/fee-waiver-
summary/ (last visited Apr. 19, 2023). 
98
 Email, Florida Board of Governors, Free Seat Utilization (Feb 8, 2022), on file with the Education & Employment Committee.  STORAGE NAME: h0999a.EEC 	PAGE: 18 
DATE: 4/20/2023 
  
The bill provides that a “new parent” that has not previously received a bachelor’s degree, is a resident 
for tuition purposes, and is enrolled in an online baccalaureate degree program is eligible for the State 
University Free Seat Program. A “new parent” is an individual that has become a biological or adoptive 
parent of a child within the last 24 months, as evidenced by a birth certificate. 
 
Accreditation 
 
Present Situation 
 
Background 
 
In order for students to receive federal student aid from the U.S. Department of Education (USDOE) for 
postsecondary study, the institution must be accredited by a nationally recognized accrediting agency, 
be authorized by the State in which the institution is located, and receive approval from the USDOE 
through a program participation agreement.
99
 
 
Federal law requires an accrediting agency to establish standards for the accreditation process, which 
must be sufficiently rigorous to ensure that the agency is a reliable authority regarding the quality of the 
education provided by the institution it accredits.
100
 While an agency may establish additional 
accreditation standards it deems appropriate,
101
 the agency must establish standards for the 
following:
102
 
 Student success, in relation to the institution’s mission, including as applicable, course 
completion, passage of state licensing examinations, and job placement rates. 
 Curriculum. 
 Faculty. 
 Facilities, equipment, and supplies. 
 Fiscal and administrative capacity as appropriate to the specified scale of operations. 
 Student support services. 
 Recruiting and admissions practices, academic calendars, catalogs, publications, grading, and 
advertising. 
 Measures of program length and the objectives of the degrees or credentials offered. 
 Record of student complaints received by, or available, to the agency. 
 Record of compliance with the institution’s responsibilities under title IV of the Higher Education 
Act of 1965, as amended, based on the most recent loan default data, the results of financial or 
compliance audits, program reviews, and any other information provided by the U.S. 
Department of Education. 
For the purposes of determining institution eligibility for Federal Financial Aid programs, the accrediting 
agency must also establish the following procedures which are required of an institution it accredits:
103
  
 Notification to the agency if it plans to establish a branch campus and to submit a business plan 
for the branch campus. 
 Required site visits for a new branch campus or a change of ownership or control. 
 Submission of a teach-out-plan to the agency for approval in certain circumstances. 
 Confirmation that the institution has transfer of credit policies which are publicly disclosed and 
include a statement of the criteria established by the institution regarding the transfer of credit 
earned at another institution. 
 Publicly disclose when an institution is considered for accreditation or renewal of accreditation. 
                                                
99
 U.S. Department of Education, Overview of Accreditation in the United States, 
https://www2.ed.gov/admins/finaid/accred/accreditation.html (last visited Apr. 15, 2023). 
100
 34 C.F.R. s. 602.16. 
101
 34 C.F.R. s. 602.16(f)-(g). 
102
 34 C.F.R. s. 602.16(1)(i)-(x). 
103
 34 C.F.R. s. 602.24.; See also Congressional Research Service, An Overview of Accreditation of Higher Education in the United 
States (Oct. 16, 2020), at 13, available at https://sgp.fas.org/crs/misc/R43826.pdf.  STORAGE NAME: h0999a.EEC 	PAGE: 19 
DATE: 4/20/2023 
  
To gain or renew accreditation, an institution must be evaluated through a set of procedures 
established by an accrediting agency.
104
 Many of the procedures are guided by federal requirements.   
 
The process typically begins with an institutional self-study, to examine whether the institution meets 
the basic standards of the accrediting agency.
105
 The self-study includes reports which show how the 
institution meets the agency’s standards. The next phase of the process involves a peer review and site 
visit at the institution.
106
 The peer review includes a review of the self-study and an on-site visit to 
determine whether the standards of the agency are being met, in addition to discussions with faculty, 
students, staff and administrators regarding issues or questions that may have arisen during the self-
study.
107
 
 
Following the visit, the peer review team submits a report to the accrediting agency with 
recommendations. The decision-making body of an accrediting agency issues a decision on whether to 
award or deny accreditation or preaccreditation
108
 to a new institution; renew or terminate accreditation 
for an existing institution; or take an intermediate action, such as probationary status.
109
 An accrediting 
agency must provide an institution with the ability to appeal an agency action prior to it becoming 
final.
110
 
 
A renewal of accreditation must take place at regularly established intervals set by the accrediting 
agency.
111
 Accrediting agencies also monitor institutions between full accreditation reviews and may 
require annual reporting, interim reviews, or reviews of any substantive changes.
112
 
 
Council of Regional Accrediting Commissions (C-RAC) 
 
The Council of Regional Accrediting Commissions (C-RAC) represents the seven organizations 
responsible for the accreditation
113
 of approximately 3,000 of the nation’s colleges and universities:
 
 Accrediting Commission for Community and Junior Colleges. 
 Higher Learning Commission. 
 Middle States Commission on Higher Education. 
 New England Commission of Higher Education. 
 Northwest Commission on Colleges and Universities. 
 Southern Association of Colleges and Schools Commission on Colleges (SACSCOC). 
 Western Association of Schools and Colleges (WASC) Senior College and University 
Commission.
114 
 
 
                                                
104
 Congressional Research Service, An Overview of Accreditation of Higher Education in the United States (Oct. 16, 2020), at 4, 
available at https://sgp.fas.org/crs/misc/R43826.pdf.  
105
 Congressional Research Service, An Overview of Accreditation of Higher Education in the United States (Oct. 16, 2020), at 5, 
available at https://sgp.fas.org/crs/misc/R43826.pdf. 
106
 Id. A peer review is comprised of an outside team of primarily higher education faculty and administrators, but also practitioners in 
specific fields and member of the public. 
107
 Id.  
108
 34 C.F.R. s. 600.2. defines “preaccreditation” as the status of accreditation and public recognition that a nationally recognized 
accrediting agency grants to an institution or program for a limited period of time that signifies the agency has determined that the 
institution or program is progressing toward full accreditation and is likely to attain full accreditation before the expiration of that 
limited period of time. 
109
 Id. at 5-6 
110
 34 C.F.R. s. 602.25. 
111
 34 C.F.R. s. 602.19(a). 
112
 34 C.F.R. s. 602.22. A substantive change could include an institution’s change of control, addition of new educational programs 
that are a significant departure from existing offers, or a new location or branch campus. 
113
 Defined as “a process of external review used by the higher education community to assure quality and spur ongoing 
improvement.” Council of Regional Accrediting Commissions, Accreditation 101, https://www.c-rac.org/accreditation-101 (last 
visited Apr. 15, 2023). 
114
 Council of Regional Accrediting Commissions, Who We Are, https://www.c-rac.org/copy-of-about-us (last visited Apr. 15, 2023).  STORAGE NAME: h0999a.EEC 	PAGE: 20 
DATE: 4/20/2023 
  
The Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) is the body 
for the accreditation of degree-granting higher education institutions in the Southern states.
115
 It serves 
as the common denominator of shared values and practices primarily among the diverse institutions in 
Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, 
Tennessee, Texas, Virginia and Latin America and certain other international sites approved by the 
SACSCOC Board of Trustees that award associate, baccalaureate, master’s, or doctoral degrees.
116
  
 
Florida’s state colleges and state universities, as well as some non-public postsecondary education 
institutions are accredited by SACSCOC. 
 
Revised Federal Regulations for Accreditation Outside Traditional Region 
 
In 2020, the U.S. Department of Education revised federal regulations to remove geographical 
boundaries on institutions seeking accreditation.
117
 
 
According to its summary published in the Federal Register, the U.S. Department of Education 
summarized the revisions, in part, to “revise the requirements for accrediting agencies in their oversight 
of member institutions and programs to be less prescriptive and provide greater autonomy and flexibility 
to facilitate agility and responsiveness and promote innovation.”
118
 
 
SACSCOC accepts applications for membership from domestic institutions in the other 39 states as 
well as international institutions of higher education around the world.
119
 
 
Other regional accreditors accepting applications from schools outside of their historical territory include 
Middle States, WASC Senior College and University Commission, Northwest Commission on Colleges 
and Universities, and The Higher Learning Commission. 
 
Required Changes in Accreditors 
 
In 2022, the Legislature required the BOG, for state universities, and the SBE, for FCS institutions, to 
identify and make a determination of the accrediting agencies or associations that are best suited to, 
respectively, serve as an accreditor for state universities and FCS institutions.
120
 The SBE approved the 
Higher Learning Commission, Middle States Commission on Higher Education, and Northwest 
Commission on Colleges and Universities as suitable accreditors for FCS institutions.
121
 The BOG 
approved the three accreditors identified by the SBE as well as the New England Commission of Higher 
Education and the Western Association of Schools and Colleges: Senior College and University 
Commission.
122
 The BOG regulation on accreditation requires that state universities maintain 
institutional accreditation by a USDOE recognized accreditor and requires discipline-specific 
accreditation for all academic programs in which graduation from an accredited program is a 
prerequisite to achieving licensure or certification for professional practice.
123
 
 
A state university or FCS institution is prohibited from being accredited by the same accrediting agency 
or association for consecutive accreditation cycles. In the year following reaffirmation or fifth-year 
review by their accrediting agencies or associations, each state university or FCS institution must seek 
and obtain accreditation from an accrediting agency or association identified by the BOG or SBE, 
                                                
115
 See The Southern Association of Colleges and Schools Commission on Colleges website at https://sacscoc.org/about-sacscoc/. (last 
visited Apr. 15, 2023). 
116
 Id. 
117
 See 84 Federal Register 58917-58918 (amending 34 C.F.R. §§ 602.3, 602.11). 
118
 Id. 
119
 Id. 
120
 Section 1008.47, F.S. 
121
 Florida Department of Education, Accrediting Agencies Approved for Florida College System Institutions, at 8, available at 
https://www.fldoe.org/core/fileparse.php/20129/urlt/8-2.pdf. 
122
 Florida Board of Governors, Accreditation, at 2, available at https://www.flbog.edu/wp-
content/uploads/2022/08/Full_Board_02a_Accreditation_Report_082322_CE.pdf.  
123
 Florida Board of Governors Regulation 3.006(2)-(3).  STORAGE NAME: h0999a.EEC 	PAGE: 21 
DATE: 4/20/2023 
  
respectively, before its next reaffirmation or fifth-year review date. The institution must provide quarterly 
reports of its progress to the BOG or SBE, as applicable. This requirement is not applicable to those 
professional, graduate, departmental, or certificate programs at state universities or FCS institutions 
that have specific accreditation requirements or best practices, including, but not limited to, law, 
pharmacy, engineering, or other similarly situated education programs. 
 
If each regional accreditor on the BOG or SBE approved list, as applicable, has refused to grant 
candidacy status to an institution, the institution must seek and obtain accreditation from another U.S. 
DOE-recognized accreditor. If such institution has not received candidacy status before its next 
reaffirmation or fifth-year review date, it may remain with its current accreditor. 
 
A postsecondary education institution may bring a cause of action against an accrediting agency or 
association if it has been negatively impacted by retaliatory action taken against it by an accrediting 
agency or association. For purposes of this cause of action, the term ‘postsecondary education 
institution’ includes state colleges, state universities, and nonpublic postsecondary institutions that 
receive state funds. If the postsecondary institution prevails, it may recover liquidated damages up to 
the amount of federal financial aid received by the postsecondary education institution, court costs, and 
reasonable attorney fees. 
 
The requirements related to changes in accreditors expire December 31, 2032. 
 
Effect of Proposed Changes 
 
The bill clarifies that a postsecondary education institution is not required to change its accrediting 
agency or association more than one time under the provisions adopted in 2022. 
 
The bill prohibits an accrediting agency or association from incentivizing or coercing any public 
postsecondary institution to violate state law. Application of any such standard or requirement by an 
accrediting agency or association is deemed a violation of the law and sufficient to trigger the cause of 
action provided for postsecondary education institutions against accrediting agencies and associations. 
The bill provides an exception when state law is preempted by a federal law that recognizes the 
necessity of the accreditation standard or requirement at issue. 
 
The bill amends the cause of action provision such that the authorized liquidated damages are for the 
amount of federal financial aid received by the prevailing postsecondary education institution, court 
costs, and reasonable attorney fees. Additionally, the bill expands the authorization for the cause of 
action from simply retaliatory action by an accrediting agency or association to retaliatory or adverse 
actions. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 1001.706, F.S.; revising the duties of the Board of Governors relating to the 
mission of each state university; revising requirements for the Board of Governors' 
strategic plan relating to the goals and objectives of the State University System; 
requiring the Board of Governors to annually require each state university to include 
certain information in its economic security report; requiring, rather than authorizing, a 
Board of Governors regulation to include a post-tenure review of state university faculty 
on a specified basis. 
 
Section 2: Amends s. 1001.7065, F.S.; requiring the Board of Governors Accountability Plan to 
annually report certain research expenditures of a specified amount; revising the number 
of standards an institution must meet to receive a specified designation. 
 
Section 3: Creates s. 1001.741, F.S.; providing that each state university president is responsible 
for hiring the provost, the deans, and full-time faculty; proving that the president has a 
duty to assess the performance of the provost and deans; authorizing the president to 
delegate hiring authority to specified individuals and entities; prohibiting a university from 
using specified methods in its admissions or personnel processes; providing that certain  STORAGE NAME: h0999a.EEC 	PAGE: 22 
DATE: 4/20/2023 
  
actions regarding personnel may not be appealed beyond the university president; 
requiring each state university board of trustees to have review procedures for the 
president's selection and reappointment of certain faculty; requiring each state university 
president to annually present specified performance evaluations and salaries to the 
board of trustees. 
 
Section 4: Amends s. 1004.06, F.S.; prohibiting certain entities from expending specified funds for 
certain purposes; providing exceptions; authorizing the State Board of Education and the 
Board of Governors to adopt certain rules and regulations, respectively. 
 
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 
that the institute be located in a specified county; providing the purpose and goals of the 
institute. 
 
Section 6: Amends s. 1004.6496, F.S.; requiring the University of Florida to transition the Hamilton 
Center for Classical and Civic Education to a college within the university; revising the 
goals of the center; requiring specified action by the university president; restricting the 
use of appropriated funds; conforming a provision to changes made by the act. 
 
Section 7: Amends s. 1004.6499, F.S.; renaming the Florida Institute of Politics at the Florida State 
University as the Florida Institute for Governance and Civics; providing the goals of the 
institute. 
 
Section 8: Amends s. 1004.64991, F.S.; authorizing the Adam Smith Center for the Study of 
Economic Freedom to perform certain tasks in order to carry out its established purpose. 
 
Section 9: Amends s. 1007.25, F.S.; revising how general education core courses are established; 
requiring the State Board of Education and the Board of Governors to consider approval 
of certain courses; requiring faculty committees to review and submit recommendations 
to the Articulation Coordinating Committee and the commissioner relating to certain 
courses by a specified date and periodically thereafter; prohibiting general education 
core courses from teaching certain topics or presenting information in specified ways; 
providing requirements for general education core courses; requiring specified 
educational institutions to offer certain courses; prohibiting public postsecondary 
educational institutions from requiring students to take certain additional 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. 1008.47, F.S.; providing that a postsecondary education institution need not 
change accrediting agencies or associations more than once; prohibiting certain acts by 
accrediting agencies or associations; revising authorized damages to be awarded to a 
prevailing postsecondary education institution. 
 
Section 12: Amends s. 1009.26, F.S.; requiring the Board of Governors to identify state-approved 
teacher preparation programs eligible for a tuition waiver; providing that certain 
postsecondary fee waivers continue until specified criteria are met; revising eligibility 
requirements for the State University Free Seat Program. 
 
Section 13: Provides effective dates.  STORAGE NAME: h0999a.EEC 	PAGE: 23 
DATE: 4/20/2023 
  
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: 
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.
124
 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
125
, the change in metrics could have a potential, indeterminate fiscal impact. 
 
                                                
124
 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.  
125
 Section 1001.7065(5)(c), F.S.  STORAGE NAME: h0999a.EEC 	PAGE: 24 
DATE: 4/20/2023 
  
 
 
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.
126
 
 
                                                
126
 Florida A&M University submitted updated DEI expenditure data to the Legislature reflecting $2,307,088.41 in expenditures, a 
more than $2 million reduction from the institution’s original submission. Florida A&M University, Higher Education Program and 
Activity Survey, on file with the Education & Employment Committee. Fiscal YearUF FSU USF Total
2013-14 15,000,000$ 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: h0999a.EEC 	PAGE: 25 
DATE: 4/20/2023 
  
 
 
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. 
 
The BOG estimates the fiscal impact to provide a Program of Strategic Emphasis waiver for all 
university teacher preparation programs is approximately $3.1 million for the fall semester.
127
 The bill 
specifies the BOG will identify two state-approved teacher preparation programs for which to provide a 
waiver. The fiscal impact is indeterminate until the BOG makes their program selections. 
 
While the bill expands eligibility for the State University Free Seat Program, the bill does not change the 
existing systemwide cap of 1,000 waivers per academic year and, therefore, does not have a fiscal 
impact. 
                                                
127
 Florida Board of Governors, PSE Waiver – Education Cost Estimates 10-5-22, on file with the Education & Employment 
Committee. 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: h0999a.EEC 	PAGE: 26 
DATE: 4/20/2023 
  
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 2. Other: 
None. 
 
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. 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. 
 
On April 19, 2023, the Education & Employment Committee adopted a Proposed Committee Substitute 
(PCS) and three amendments and reported the PCS favorably as a committee substitute. The PCS differed 
from CS/HB 999 in the following ways: 
 removes the requirement that specified majors and minors be removed from state universities; 
 requires the BOG to provide a directive to state universities regarding a review of their curriculum 
for violations of the FEEA or divisive concepts;  STORAGE NAME: h0999a.EEC 	PAGE: 27 
DATE: 4/20/2023 
  
 removes requirements for curriculum related to citizenship in a constitutional republic; 
 amends the prohibition on spending to require the SBE and BOG to define political and social 
activism in addition to diversity, equity, and inclusion; 
 clarifies that student led organizations must be permitted to use institution facilities in accordance 
with institution policies and procedures; 
 clarifies that the prohibition on spending does not include expenditures required by general law, in 
addition to federal law; 
 requires the BOG to adopt a regulation related to post-tenure review; 
 removes statutory authority of UBOTs to initiate a post-tenure review for cause; 
 requires that state university presidents be responsible for hiring the provost, deans, and all full-time 
facility and limits any delegation of this authority to individuals within the president’s office; 
 amends the prohibition on pledges and oaths in hiring, admissions, or promotion processes; 
 requires that state university personnel actions be final and unappealable following the 
determination of the university president or his or her designee; 
 requires each UBOT to have procedures for the review of a president’s selection and reappointment 
of executive management team members; 
 increases the salary threshold for presentation of annual personnel evaluations to the UBOT from 
$100,000 to $200,000; 
 clarifies that public postsecondary education institutions are not required to change accrediting 
agencies more than once; 
 prohibits accrediting agencies or associations from taking certain actions against postsecondary 
institutions in Florida; 
 expands the cause of action against accreditors provided to protect postsecondary institutions; 
 amends the goals of the Hamilton Center for Classical and Civic Education at the University of 
Florida and requires the university to begin transitioning the center into a college; 
 prohibits general education core courses from teaching identity politics, violating the FEEA or being 
based on divisive concepts; 
 requires that courses must be offered by at least half of public postsecondary institutions, or 
exempted from this requirement by the SBE and BOG, in order to be classified as a general 
education course; 
 amends the new preeminence standard for STEM research; 
 amends the BOGO waiver by requiring the BOG to identify two teacher preparation programs to be 
included in the waiver; 
 add “new parents” as an eligible population for the State University Free Seat Program. 
 
The bill analysis is drafted to the committee substitute adopted by the Education & Employment 
Committee.