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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
A bill to be entitled 1
An act relating to academic freedom; creating s. 2
447.3019, F.S.; providing Legislative findings 3
relating to certain collective bargaining rights; 4
amending s. 1001.03, F.S.; deleting a provision 5
prohibiting the State Board of Education from 6
shielding certain persons from certain speech; 7
requiring the state board to ensure Florida College 8
System institutions are free from specified influences 9
and interference; amending s. 1001.64, F.S.; 10
authorizing Florida College System institution boards 11
of trustees to design, develop, and implement certain 12
programs related to diversity, equity, and inclusion; 13
amending s. 1001.706, F.S.; deleting a provision 14
prohibiting the Board of Governors from shielding 15
certain persons from certain speech; requiring the 16
board to ensure state universities are free from 17
specified influences and interference; creating s. 18
1001.7461, F.S.; authorizing state university boards 19
of trustees to design, develop, and implement certain 20
programs related to diversity, equity, and inclusion; 21
creating s. 1004.022, F.S.; providing that students at 22
state universities and Florida College System 23
institutions have specified rights relating to 24
education access; amending s. 1004.06, F.S.; 25
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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
conforming provisions to changes made by the act; 26
amending s. 1004.097, F.S.; deleting a provision 27
authorizing students to record video or audio of class 28
lectures for specified purposes; creating s. 1012.802, 29
F.S.; authorizing faculty members at state 30
universities and Florida College System institutions 31
to negotiate certain assignments; providing 32
requirements for such negotiations; authorizing the 33
state board and Board of Governors to adopt rules and 34
regulations, respectiv ely; creating s. 1012.9451, 35
F.S.; requiring certain state university faculty to 36
have access to continuing contracts; providing 37
requirements for such contracts; authorizing the Board 38
of Governors to adopt regulations; providing an 39
effective date. 40
41
Be It Enacted by the Legislature of the State of Florida: 42
43
Section 1. Section 447.3019, Florida Statutes, is created 44
to read: 45
447.3019 Affirmation of the rights of public postsecondary 46
faculty to engage in collective bargaining. —The Legislature 47
recognizes and affirms the right of faculty at the state's 48
public postsecondary education institutions to engage in 49
collective bargaining and negotiate on matters related to their 50
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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
employment terms, conditions, and protections, fostering a 51
transparent and fair work e nvironment. Furthermore, such faculty 52
shall have the unabridged right to resolve contractual disputes 53
through third-party, neutral arbitration. 54
Section 2. Paragraph (c) of subsection (20) of section 55
1001.03, Florida Statutes, is amended to read: 56
1001.03 Specific powers of State Board of Education. — 57
(20) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 58
ASSESSMENT.— 59
(c) The State Board of Education must ensure that Florida 60
College System institutions are free from undue political 61
influence and interfere nce in academic affairs, including 62
curriculum design, may not shield students, faculty 63
appointments, research activities, and administrative operations 64
or staff at Florida College System institutions from free speech 65
protected under the First Amendment to the United States 66
Constitution, Art. I of the State Constitution, or s. 1004.097 . 67
Section 3. Paragraph (c) is added to subsection (4) of 68
section 1001.64, Florida Statutes, to read: 69
1001.64 Florida College System institution boards of 70
trustees; powers and duties.— 71
(4) 72
(c) Each board of trustees may design, develop, and 73
implement programs aimed at promoting diversity, equity, and 74
inclusion. Such programs must further the institution's mission, 75
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vision, and goals and foster a holistic, competitive, and 76
inclusive learning environment. 77
Section 4. Paragraph (c) of subsection (13) of section 78
1001.706, Florida Statutes, is amended to read: 79
1001.706 Powers and duties of the Board of Governors. — 80
(13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 81
ASSESSMENT.— 82
(c) The Board of Governors must ensure that state 83
universities are free from undue political influence and 84
interference in academic affairs, including curriculum design, 85
may not shield students, faculty appointments, research 86
activities, and administrative operations or staff at state 87
universities from free speech protected under the First 88
Amendment to the United States Constitution, Art. I of the State 89
Constitution, or s. 1004.97 . 90
Section 5. Section 1001.7416, Florida Statutes, is created 91
to read: 92
1001.7416 State university diversity, equity, and 93
inclusion programs.—Each state university board of trustees may 94
design, develop, and implement programs aimed at promoting 95
diversity, equity, and inclusion. Such programs must further the 96
institution's mission, vision, and goals and foster a holistic, 97
competitive, and inclusive learning environment. 98
Section 6. Section 1004.022, Florida Statutes, is created 99
to read: 100
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1004.022 Academic freedom. —Notwithstanding any other 101
provision of law to the contrary, every student in the State 102
University System and Florida College System has the unalienable 103
right to pursue education access across all academic disciplines 104
without governmental or institutional interference, including, 105
but not limited to, a stu dent's prerogative to select, drop, or 106
change courses and areas of study without facing pressure or 107
restrictions based on political or ideological grounds. 108
Section 7. Paragraph (b) of subsection (2) of section 109
1004.06, Florida Statutes, is amended to r ead: 110
1004.06 Prohibited expenditures. — 111
(2) A Florida College System institution, state 112
university, Florida College System institution direct -support 113
organization, or state university direct -support organization 114
may not expend any state or federal funds to promote, support, 115
or maintain any programs or campus activities that: 116
(b) Advocate for diversity, equity, and inclusion, or 117
Promote or engage in political or social activism, as defined by 118
rules of the State Board of Education and regulations of the 119
Board of Governors. 120
121
Student fees to support student -led organizations are permitted 122
notwithstanding any speech or expressive activity by such 123
organizations which would otherwise violate this subsection, 124
provided that the public funds must be allocated to student-led 125
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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
organizations pursuant to written policies or regulations of 126
each Florida College System institution or state university, as 127
applicable. Use of institution facilities by student -led 128
organizations is permitted notwithstanding any speech or 129
expressive activity by such organizations which would otherwise 130
violate this subsection, provided that such use must be granted 131
to student-led organizations pursuant to written policies or 132
regulations of each Florida College System institution or state 133
university, as applicable. 134
Section 8. Paragraph (g) of subsection (3) of section 135
1004.097, Florida Statutes, is amended to read: 136
1004.097 Free expression on campus. — 137
(3) RIGHT TO FREE-SPEECH ACTIVITIES.— 138
(g) Notwithstanding s. 934.03 and subject to the 139
protections provided in the Family Educational Rights and 140
Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and 141
1002.225, a student may record video or audio of class lectures 142
for his or her own personal educational use, in connection with 143
a complaint to the public institution of higher education where 144
the recording was made, or as evidence in, or in preparation 145
for, a criminal or civil proceeding. A recorded lecture may not 146
be published without the consent of the lecturer. 147
Section 9. Section 1012 .802, Florida Statutes, is created 148
to read: 149
1012.802 Faculty assignments at public postsecondary 150
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educational institutions. — 151
(1) Each faculty member at a state university or Florida 152
College System institution shall, at his or her discretion, 153
negotiate his or her annual assignments with his or her 154
department chair and academic officers. To maintain the 155
professional autonomy of faculty members, the negotiation 156
process must be free from interference by the state university 157
or Florida College System institut ion's board of trustees or any 158
other governing body. 159
(2) The Board of Governors and the State Board of 160
Education may adopt regulations and rules, respectively, to 161
administer this section. 162
Section 10. Section 1012.9451, Florida Statutes, is 163
created to read: 164
1012.9451 Non-tenure track state university faculty. — 165
(1) Notwithstanding any other law to the contrary, non -166
tenure track faculty at state universities must be granted 167
access to continuing contracts that may not be revoked or 168
terminated without due process rights available to tenured state 169
university faculty ensuring a just and transparent process for 170
employment security and academic freedom for all faculty 171
regardless of their tenure status. 172
(2) The Board of Governors may adopt regulations to 173
administer this section. 174
Section 11. This act shall take effect upon becoming a 175
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law. 176