Florida 2024 Regular Session

Florida House Bill H0899 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to academic freedom; creating s. 2
16	16	447.3019, F.S.; providing Legislative findings 3
17	17	relating to certain collective bargaining rights; 4
18	18	amending s. 1001.03, F.S.; deleting a provision 5
19	19	prohibiting the State Board of Education from 6
20	20	shielding certain persons from certain speech; 7
21	21	requiring the state board to ensure Florida College 8
22	22	System institutions are free from specified influences 9
23	23	and interference; amending s. 1001.64, F.S.; 10
24	24	authorizing Florida College System institution boards 11
25	25	of trustees to design, develop, and implement certain 12
26	26	programs related to diversity, equity, and inclusion; 13
27	27	amending s. 1001.706, F.S.; deleting a provision 14
28	28	prohibiting the Board of Governors from shielding 15
29	29	certain persons from certain speech; requiring the 16
30	30	board to ensure state universities are free from 17
31	31	specified influences and interference; creating s. 18
32	32	1001.7461, F.S.; authorizing state university boards 19
33	33	of trustees to design, develop, and implement certain 20
34	34	programs related to diversity, equity, and inclusion; 21
35	35	creating s. 1004.022, F.S.; providing that students at 22
36	36	state universities and Florida College System 23
37	37	institutions have specified rights relating to 24
38	38	education access; amending s. 1004.06, F.S.; 25
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40	40	HB 899 2024
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	conforming provisions to changes made by the act; 26
52	52	amending s. 1004.097, F.S.; deleting a provision 27
53	53	authorizing students to record video or audio of class 28
54	54	lectures for specified purposes; creating s. 1012.802, 29
55	55	F.S.; authorizing faculty members at state 30
56	56	universities and Florida College System institutions 31
57	57	to negotiate certain assignments; providing 32
58	58	requirements for such negotiations; authorizing the 33
59	59	state board and Board of Governors to adopt rules and 34
60	60	regulations, respectiv ely; creating s. 1012.9451, 35
61	61	F.S.; requiring certain state university faculty to 36
62	62	have access to continuing contracts; providing 37
63	63	requirements for such contracts; authorizing the Board 38
64	64	of Governors to adopt regulations; providing an 39
65	65	effective date. 40
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67	67	Be It Enacted by the Legislature of the State of Florida: 42
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69	69	Section 1. Section 447.3019, Florida Statutes, is created 44
70	70	to read: 45
71	71	447.3019 Affirmation of the rights of public postsecondary 46
72	72	faculty to engage in collective bargaining. —The Legislature 47
73	73	recognizes and affirms the right of faculty at the state's 48
74	74	public postsecondary education institutions to engage in 49
75	75	collective bargaining and negotiate on matters related to their 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	employment terms, conditions, and protections, fostering a 51
89	89	transparent and fair work e nvironment. Furthermore, such faculty 52
90	90	shall have the unabridged right to resolve contractual disputes 53
91	91	through third-party, neutral arbitration. 54
92	92	Section 2. Paragraph (c) of subsection (20) of section 55
93	93	1001.03, Florida Statutes, is amended to read: 56
94	94	1001.03 Specific powers of State Board of Education. — 57
95	95	(20) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 58
96	96	ASSESSMENT.— 59
97	97	(c) The State Board of Education must ensure that Florida 60
98	98	College System institutions are free from undue political 61
99	99	influence and interfere nce in academic affairs, including 62
100	100	curriculum design, may not shield students, faculty 63
101	101	appointments, research activities, and administrative operations 64
102	102	or staff at Florida College System institutions from free speech 65
103	103	protected under the First Amendment to the United States 66
104	104	Constitution, Art. I of the State Constitution, or s. 1004.097 . 67
105	105	Section 3. Paragraph (c) is added to subsection (4) of 68
106	106	section 1001.64, Florida Statutes, to read: 69
107	107	1001.64 Florida College System institution boards of 70
108	108	trustees; powers and duties.— 71
109	109	(4) 72
110	110	(c) Each board of trustees may design, develop, and 73
111	111	implement programs aimed at promoting diversity, equity, and 74
112	112	inclusion. Such programs must further the institution's mission, 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	vision, and goals and foster a holistic, competitive, and 76
126	126	inclusive learning environment. 77
127	127	Section 4. Paragraph (c) of subsection (13) of section 78
128	128	1001.706, Florida Statutes, is amended to read: 79
129	129	1001.706 Powers and duties of the Board of Governors. — 80
130	130	(13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 81
131	131	ASSESSMENT.— 82
132	132	(c) The Board of Governors must ensure that state 83
133	133	universities are free from undue political influence and 84
134	134	interference in academic affairs, including curriculum design, 85
135	135	may not shield students, faculty appointments, research 86
136	136	activities, and administrative operations or staff at state 87
137	137	universities from free speech protected under the First 88
138	138	Amendment to the United States Constitution, Art. I of the State 89
139	139	Constitution, or s. 1004.97 . 90
140	140	Section 5. Section 1001.7416, Florida Statutes, is created 91
141	141	to read: 92
142	142	1001.7416 State university diversity, equity, and 93
143	143	inclusion programs.—Each state university board of trustees may 94
144	144	design, develop, and implement programs aimed at promoting 95
145	145	diversity, equity, and inclusion. Such programs must further the 96
146	146	institution's mission, vision, and goals and foster a holistic, 97
147	147	competitive, and inclusive learning environment. 98
148	148	Section 6. Section 1004.022, Florida Statutes, is created 99
149	149	to read: 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	1004.022 Academic freedom. —Notwithstanding any other 101
163	163	provision of law to the contrary, every student in the State 102
164	164	University System and Florida College System has the unalienable 103
165	165	right to pursue education access across all academic disciplines 104
166	166	without governmental or institutional interference, including, 105
167	167	but not limited to, a stu dent's prerogative to select, drop, or 106
168	168	change courses and areas of study without facing pressure or 107
169	169	restrictions based on political or ideological grounds. 108
170	170	Section 7. Paragraph (b) of subsection (2) of section 109
171	171	1004.06, Florida Statutes, is amended to r ead: 110
172	172	1004.06 Prohibited expenditures. — 111
173	173	(2) A Florida College System institution, state 112
174	174	university, Florida College System institution direct -support 113
175	175	organization, or state university direct -support organization 114
176	176	may not expend any state or federal funds to promote, support, 115
177	177	or maintain any programs or campus activities that: 116
178	178	(b) Advocate for diversity, equity, and inclusion, or 117
179	179	Promote or engage in political or social activism, as defined by 118
180	180	rules of the State Board of Education and regulations of the 119
181	181	Board of Governors. 120
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183	183	Student fees to support student -led organizations are permitted 122
184	184	notwithstanding any speech or expressive activity by such 123
185	185	organizations which would otherwise violate this subsection, 124
186	186	provided that the public funds must be allocated to student-led 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	organizations pursuant to written policies or regulations of 126
200	200	each Florida College System institution or state university, as 127
201	201	applicable. Use of institution facilities by student -led 128
202	202	organizations is permitted notwithstanding any speech or 129
203	203	expressive activity by such organizations which would otherwise 130
204	204	violate this subsection, provided that such use must be granted 131
205	205	to student-led organizations pursuant to written policies or 132
206	206	regulations of each Florida College System institution or state 133
207	207	university, as applicable. 134
208	208	Section 8. Paragraph (g) of subsection (3) of section 135
209	209	1004.097, Florida Statutes, is amended to read: 136
210	210	1004.097 Free expression on campus. — 137
211	211	(3) RIGHT TO FREE-SPEECH ACTIVITIES.— 138
212	212	(g) Notwithstanding s. 934.03 and subject to the 139
213	213	protections provided in the Family Educational Rights and 140
214	214	Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and 141
215	215	1002.225, a student may record video or audio of class lectures 142
216	216	for his or her own personal educational use, in connection with 143
217	217	a complaint to the public institution of higher education where 144
218	218	the recording was made, or as evidence in, or in preparation 145
219	219	for, a criminal or civil proceeding. A recorded lecture may not 146
220	220	be published without the consent of the lecturer. 147
221	221	Section 9. Section 1012 .802, Florida Statutes, is created 148
222	222	to read: 149
223	223	1012.802 Faculty assignments at public postsecondary 150
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236	236	educational institutions. — 151
237	237	(1) Each faculty member at a state university or Florida 152
238	238	College System institution shall, at his or her discretion, 153
239	239	negotiate his or her annual assignments with his or her 154
240	240	department chair and academic officers. To maintain the 155
241	241	professional autonomy of faculty members, the negotiation 156
242	242	process must be free from interference by the state university 157
243	243	or Florida College System institut ion's board of trustees or any 158
244	244	other governing body. 159
245	245	(2) The Board of Governors and the State Board of 160
246	246	Education may adopt regulations and rules, respectively, to 161
247	247	administer this section. 162
248	248	Section 10. Section 1012.9451, Florida Statutes, is 163
249	249	created to read: 164
250	250	1012.9451 Non-tenure track state university faculty. — 165
251	251	(1) Notwithstanding any other law to the contrary, non -166
252	252	tenure track faculty at state universities must be granted 167
253	253	access to continuing contracts that may not be revoked or 168
254	254	terminated without due process rights available to tenured state 169
255	255	university faculty ensuring a just and transparent process for 170
256	256	employment security and academic freedom for all faculty 171
257	257	regardless of their tenure status. 172
258	258	(2) The Board of Governors may adopt regulations to 173
259	259	administer this section. 174
260	260	Section 11. This act shall take effect upon becoming a 175
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273	273	law. 176