Florida 2025 2025 Regular Session

Florida House Bill H1321 Analysis / Analysis

Filed 04/08/2025

                    STORAGE NAME: h1321b.EEC 
DATE: 4/8/2025 
 	1 
      
FLORIDA HOUSE OF REPRESENTATIVES 
BILL ANALYSIS 
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. 
BILL #: CS/HB 1321 
TITLE: Higher Education 
SPONSOR(S): Salzman 
COMPANION BILL: SB 1726 (Calatayud) 
LINKED BILLS: None 
RELATED BILLS: None 
Committee References 
 	Education & Employment 
14 Y, 0 N, As CS 
 
SUMMARY 
 
Effect of the Bill: 
The bill establishes term limits for members of the Board of Governors (BOG), the State Board of Education (SBE), 
and state university and state college boards of trustees. Board of trustees members may continue to serve after the 
expiration of their term until a successor is appointed. The bill also limits the length of time a SBE or state college 
board of trustees member may serve as board chair. The bill establishes residency requirements for the BOG and 
state university boards of trustees. The bill requires that appointed BOG members file a full and public disclosure of 
financial interests. The bill repeals the public records exemption for state university and state college presidential 
applicants and makes additional changes to the presidential search and selection process. The bill also authorizes a 
presidential contract to be renewed for a term exceeding 1 year, but not exceeding the term of the original contract.  
 
The bill requires state universities to post admission criteria for academic programs on their websites which the 
BOG must periodically review. The bill prohibits state colleges and universities from imposing certain courses as a 
graduation requirement. The bill requires enhanced textbook, instructional material, and course syllabus 
transparency from state colleges and universities. The bill amends a requirement for the BOG’s prioritized list for 
capital outlay projects and authorizes a UBOT to determine whether its auxiliary services, including athletics, will 
be self-supporting on an individual or collective basis. Finally, the bill removes requirements relating to the 
Institute for Freedom in the Americas at Miami Dade College. 
 
Fiscal or Economic Impact: 
None 
 
 
  
JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 
ANALYSIS 
EFFECT OF THE BILL: 
The bill establishes term limits for appointed board members as follows: 
 Board of Governors (BOG): may serve a single 7-year term total. 
 State Board of Education (SBE): may serve up to two 4-year terms total. 
 State University System Boards of Trustees (UBOT): may serve up to two consecutive 5-year terms.  
 Florida College System Boards of Trustees (FCS BOT): may serve up to two consecutive 4-year terms. 
 
A SBE or FCS BOT member may only serve as board chair for one 2-year term. An appointed UBOT or FCS BOT 
member may continue to serve until a successor is appointed. (Sections 3, 4, 6, and 8). 
 
Effective January 6, 2027,  an appointed member of the BOG or a UBOT must be a United States citizen and either a 
Florida resident or, for the BOG, a graduate of a state university or, for a UBOT, a graduate of the state university 
which the UBOT serves. On or after January 6, 2027, a position on the BOG or a UBOT which is held by a person  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	2 
who does not meet the residency requirements will be deemed vacant. The bill removes a requirement that the 
Governor and BOG consider diversity when appointing members to a UBOT. (Sections 1 and 8). 
     
Beginning January 1, 2026, an appointed member of the BOG must comply with s. 8, Art. II of the State Constitution 
as well as Florida law
1 by annually filing a full and public disclosure of his or her financial interests. (Section 2). 
 
The bill repeals the public records and public meeting exemption for state university and state college presidential 
applicants. The bill also requires each UBOT and FCS BOT to adopt a presidential succession plan specifying lines of 
authority should the president not fulfill his or her full term, with each successor identified in the plan being a 
current employee of the institution. An interim president may only be appointed or selected in conformance with 
the succession plan or after a search is conducted pursuant to state law.
2 
 
The bill requires that upon the vacancy or anticipated vacancy of a state university or state college presidency, no 
public officer, including the Governor, or employee of an executive branch agency may discuss the vacancy, process 
for filling the vacancy, or promote or advocate for an individual for president with a member or employee of the 
BOG, SBE, UBOT, or FCS BOT. (Section 10). 
   
The bill removes the requirement that the BOG confirm a UBOT’s presidential selection or reappointment. Instead, 
the bill empowers the UBOT to select and appoint a president of its choosing. Likewise, the bill makes 
corresponding changes to the presidential search and selection process for state colleges.   
    
The bill requires a UBOT or FCS BOT chair to appoint a presidential search committee when seeking a permanent 
president. Composition of the search committee is prescribed and no one on the committee can hold a position that 
reports directly to the president. Neither the Chancellor of the State University System (SUS) nor a BOG member 
may serve on the presidential search committee for a SUS institution and neither the Commissioner of Education 
nor a SBE member may serve for a FCS institution. The permanent president appointed by a UBOT or FCS BOT 
must have been recommended by the search committee. The bill also authorizes a UBOT or FCS BOT to renew a 
presidential contract for a term exceeding 1 year, but not exceeding the term of the original contract. (Sections 5 
and 7). 
 
The bill requires that when the BOG conducts its required periodic review of a state university’s mission and the 
alignment of existing academic programs with the mission,
3 the admission criteria for the programs must also be 
included in the review. The BOG must issue a directive to the university regarding any admission criteria that 
violates the Florida Educational Equity Act.
4 To assist the BOG in its review of admission criteria, each university 
must post program admission criteria on its website. (Section 7). 
 
The bill prohibits state colleges and universities from imposing an institution-wide graduation requirement that 
includes a course in conflict with state statute
5 prohibiting general education core courses from distorting 
significant historical events or including a curriculum that teaches identity politics, violates the Florida Educational 
Equity Act, or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the 
institutions of the United States and were created to maintain social, political, and economic inequities. (Section 
12). 
 
The bill strengthens previous efforts to provide state college and state university students with transparent 
information regarding course content and affordability. To that end, in addition to the identifying information 
already described in statute,
6 FCS and SUS institutions are required to prominently post information on textbooks 
and instructional materials, including those that are open access or otherwise free of cost, for at least 95 percent of 
all courses and course sections each term, which is defined to include fall, spring, and summer terms. Institutions 
                                                            
1
 Section 112.3144, F.S. 
2
 Sections 1001.64(19) and 1001.706(6)(a), F.S.  
3
 Section 1001.706(5)(a), F.S. 
4
 Section 1000.05, F.S. 
5
 Section 1007.25(3)(c), F.S. 
6
 Section 1004.085(5)(a), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	3 
may also provide another unique identifier as an alternative to an International Standard Book Number (ISBN) 
when appropriate. 
 
The lists of required and recommended textbooks and instructional materials must be based on lists submitted by 
instructors and, in addition to existing requirements:
7 
 be searchable by general education status and course section; 
 include the duration of any license allowing access to the textbook or instructional material; and 
 display corresponding retail costs, when applicable, to help students determine the value of any bulk 
pricing program. 
 
To maximize informed student choice, the current syllabi posting requirement
8 is expanded to include all courses 
subject to the textbook and instructional materials posting requirement. The syllabi must be current and posted by 
hyperlink prominently in the course registration system. Syllabi must include: 
 the course curriculum, including the required, recommended, and supplemental textbooks and 
instructional materials regardless of cost or whether the materials are open access or open educational 
resource; 
 specific goals, objectives, and student expectations of the course; and 
 how student performance will be evaluated, including the grading scale and methodology. 
 
The changes made by the bill relating to textbook, instructional material, and course syllabus transparency take 
effect on January 1, 2026. (Section 9). 
 
Under current statute, a new construction, remodeling, or renovation project that has not received an 
appropriation in a previous year will not be considered for inclusion on the prioritized list submitted by the BOG 
for capital outlay projects unless a plan is provided to reserve funds in an escrow account specific to the project. 
Each year, 1 percent of the total value of the building must be deposited in the account for future maintenance. The 
bill provides that such an escrow account does not have to be specific to the project. (Section 7). 
 
The bill authorizes a UBOT to determine whether its auxiliary services, including athletics, will be self-supporting 
on an individual or collective basis. A UBOT may approve the transfer of unreserved cash from one auxiliary 
enterprise to support another auxiliary enterprise as long as the transfer does not reduce revenues necessary to 
cover all expenditures of the auxiliary enterprise or violate any bond covenants or impact debt service payments 
and required reserves. Such transfers must be reported to the BOG annually and these provisions expire on June 
30, 2030. (Section 13). 
 
The bill removes a requirement that the Institute for Freedom in the Americas (Institute) at Miami Dade College 
partner with the Adam Smith Center for Economic Freedom at Florida International University to hold workshops, 
symposiums, and conferences. The bill also removes a requirement for Miami Dade College to approve a direct-
support organization to support the Institute in its mission to develop partnerships throughout the Americas. 
(Section 11). 
 
Except as otherwise expressly provided in the bill and except for this section, which would take effect upon the bill 
becoming a law, the effective date for the bill is July 1, 2025. (Section 14). 
 
RULEMAKING:  
Current law authorizes a FCS BOT to adopt rules, procedures, and policies consistent with law and rules of the SBE, 
including governance, personnel, and administration. The bill modifies provisions of law already under SBE and 
FCS BOT authority, thus allowing them to make rules to implement the bill.
9 
 
Likewise, current law authorizes the BOG to adopt regulations for the BOG and UBOT to use in implementing their 
duties and responsibilities. The BOG may also delegate a power or duty to a UBOT and the authority to adopt rules 
                                                            
7
 Section 1004.085(5)(b), F.S. 
8
 Section 1004.085(5)(c), F.S. 
9
 Section 1001.64(4)(b) and (18)-(19), F.S.; r. 6A-14.026, F.A.C.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	4 
or regulations is included in that delegation. The bill modifies provisions of law already under BOG and UBOT 
authority, therefore allowing them to make rules and regulations to implement the bill.
10 
 
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive 
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must 
have a grant of rulemaking authority and a law to implement. 
 
RELEVANT INFORMATION 
SUBJECT OVERVIEW: 
Term Limits 
Under current law, the 14 gubernatorially appointed, citizen members of the BOG serve staggered 7-year terms, 
with no limit to how many years they can serve. The three additional BOG members are the Commissioner of 
Education, the chair of the advisory council of faculty senates or the equivalent, and the president of the Florida 
Student Association or the equivalent.
 11  
 
The seven gubernatorially appointed, citizen members of the SBE serve staggered 4-year terms and may serve up 
to two terms consecutively, so a person can serve for longer than 8 years as long as no more than two terms are 
consecutive.
12 SBE members are required to be Florida residents, but BOG members are not. A SBE member may 
serve as the board chair for up to two 2-year terms, but there are no limitations on BOG chair service.
13   
 
Currently, the 11 appointed citizen members of a UBOT serve staggered 5-year terms and there is not a limit on 
how many consecutive terms a member may serve. Six members are appointed by the Governor and five are 
appointed by the BOG. The other two members are the chair of the faculty senate or the equivalent and the 
president of the student body of the university. UBOT members are not required to be Florida residents, but the 
Governor and BOG are directed to consider diversity and regional representation when appointing members.
14 
According to BOG regulation 1.001(1), a member may serve as chair for no more than two consecutive 2-year 
terms, unless approved by a vote of two-thirds of the UBOT.  
 
The Governor appoints the members of a FCS BOT to staggered 4-year terms and there are no term limits for 
serving as a member or board chair.
15 FCS BOT members must be a resident of the service delivery area of the 
college.
16 
 
Full and Public Disclosure of Financial Interests 
Full and Public Disclosure (Form 6) 
The Florida Constitution requires all elected constitutional officers and candidates for such offices to file a full and 
public disclosure of their financial interests.
17 Other public officers, candidates, and public employees may be 
required to file a full and public disclosure of their financial interests as determined by law.
18 Under the Florida 
Constitution, the term “full and public disclosure of financial interests” means the reporting individual must 
disclose his or her net worth and the value for each asset and liability in excess of $1,000.
19 The disclosure must be 
accompanied by either a sworn statement that identifies each separate source and amount of income that exceeds 
$1,000 or a copy of the reporting individual’s most recent federal income tax return.
20  
                                                            
10
 Section 1001.706(1)-(2) and (6)(a), F.S.; BOG regulations 1.001, 1.002, and 8.003 
11
 Section 1001.70(1), F.S. 
12
 Section 1001.01(1), F.S. 
13
 Sections 1001.01(1)-(2) and 1001.70(1), F.S.  
14
 Section 1001.71(1), F.S. 
15
 Section 1001.61(2) and (4), F.S. 
16
 Art. IX, s. 8, Fla. Const. 
17
 Art. II, s. 8(a), Fla. Const.; see ss. 112.3144(1)(b) and 112.3145, F.S. 
18
 Id.  
19
 Art. II, s. (8)(j)(1), Fla. Const.  
20
 See 112.3144(6)(c) and (7)(a), F.S. (Beginning January 1, 2023, the Commission may not accept federal income tax returns 
for proof of income.)  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	5 
Pursuant to general law, the Commission on Ethics (Commission) has created by rule CE Form 6 (Form 6), which is 
used to make the required full and public financial disclosure.
21 Reporting individuals are required to file a Form 6 
annually with the Commission by July 1 through the Commission’s electronic filing system.
22  
 
The Form 6 requires filers to report their net worth, assets, and liabilities.
23 The filer must report the specific 
identification and value of each asset which exceeds $1,000 in value and provide the name and addresses for the 
creditor for each liability which exceeds $1,000 in amount and its amount, and must submit a statement of the 
value of the reporting person’s net worth as of December 31 of the preceding year or a more current date.
24  
 
Statement of Financial Interests—Limited Financial Disclosure (Form 1) 
In addition to provisions governing the Form 6, current law provides for a less detailed disclosure of financial 
interests using the Commission’s CE Form 1 (Form 1).
25 A Form 1 must be filed by a large group of local officers, 
including all officers holding elected positions in any political subdivision of the state, other than counties, and 
specified appointed officers.
26 Other persons required to file a Form 1 include specified state officers and 
employees and persons seeking to qualify as candidates for these specified state or local office.
27  
 
The Form 1 requires filers to disclose specified information related to sources of income, real property, intangible 
personal property, liabilities, and interests in specified businesses.
28 Although no specific dollar values of incomes, 
property, or liabilities are required to be reported, the filer must report which assets or liabilities exceed certain 
dollar thresholds.
29 Form 1 filers must: disclose all sources of income in excess of $2,500, excluding public salary; 
all sources of income from a business entity the filer had a material interest in where their gross income was in 
excess of $5,000 and in excess of 10 percent of the businesses gross income; any property in Florida, except for 
their residence or vacation home, in which the person owns more than 5 percent of the value of the property; any 
intangible personal property in excess of $10,000; and any liability in excess of $10,000.
30  
 
The Benefits of Full and Public Disclosure 
Research shows that financial disclosures are positively related to increased governmental quality and lower 
corruption.
31 Moreover, full and public financial disclosures—such as the Form 6—are associated with lower rates 
of corruption, whereas private disclosures (those that are only submitted to a regulatory body, not the public at 
large) are not systematically related to better government and lower corruption.
32 Full and public financial 
disclosures help identify and address any conflicts with the filer’s governmental responsibilities.
33 As a result, 
research suggests that full and public financial disclosures support anti-corruption efforts, with prosecution rates 
rising when officials must disclose publicly.
34 On the other hand, research suggests that corruption prosecution 
rates are lower when government officials craft disclosure content requirements so as to avoid fully disclosing 
                                                            
21
 See r. 34-8.002, F.A.C. 
22
 Art. II, s. (8)(j)(1), Fla. Const.; see s. 112.3144(2), F.S.  
23
 See art. II, s. (8)(j), Fla. Const.; s. 112.3144(5)-(6), F.S.; r. 34-8.004, F.A.C.  
24
 Id.   
25
 See s. 112.3145, F.S.; r. 34-8.202, F.A.C.  
26
 See s. 112.3145, F.S.; r. 34.8.202, F.A.C. For a guide explaining who must file the Form 1 and what the Form 1 entails, see 
Florida Commission on Ethics, Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees, p. 15-19., 
available at https://ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf?cp=2023310 (last visited Apr. 8, 
2025). 
27
 Id. 
28
 Section 112.3145, F.S.  
29
 See s. 112.3145(3), F.S.  
30
 Section 112.3145(3)(a), F.S.  
31
 See e.g. Djankov et al, Disclosure by Politicians, 2 Am. Econ. J. 179, (Apr. 2010) available at 
https://scholar.harvard.edu/files/shleifer/files/disclosure_by_politicians_aejapp_final.pdf. 
32
 See Id. at 198. 
33
 U.S. Government Accountability Office, Financial Disclosure: Updates Are Needed to the Public Reporting Requirements, Report 
No. GAO-25-107039, available at https://www.gao.gov/products/gao-25-
107039#:~:text=Regular%20disclosure%20of%20personal%20financial,filers%20in%20the%20executive%20branch. 
34
 Scherf, How do Online Conflict Disclosures Support Enforcement? Evidence from Personal Financial Disclosures and Public 
Corruption, London School of Econ. (2024), at 31, available at 
https://eprints.lse.ac.uk/121395/4/How_do_online_conflict_disclosures_support_enforcement.pdf  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	6 
potential financial conflicts.
35 Requiring that governmental officials file comprehensive financial disclosures like 
the Form 6  ensures transparency as they cannot avoid disclosing information that could show a conflict of interest 
exists. Greater transparency is associated with greater accountability; greater accountability is associated with 
lower corruption.
36 
 
The Board of Governors’ Financial Responsibilities 
The BOG is established pursuant to the Florida Constitution with the general duties of operating, regulating, 
controlling, and being fully responsible for the SUS.
37 More specifically, the BOG must account for all expenditures 
of state, local, federal, and other funds.
38 The BOG also establishes tuition and fees, unless otherwise provided by 
law; may secure comprehensive general liability insurance; and may transfer unused appropriations from the 
Education/General Student and Other Fees Trust Fund between institutions.
39 The BOG must prepare the 
legislative budget requests for the SUS and provide each university with fiscal policy guidelines, formats, and 
instruction for the development of individual university budgets.
40 Ultimately, each individual university’s 
operating budget must be approved by the BOG.
41 
 
Presidential Search and Selection 
For the SUS:
42 
 The UBOT Chair, in consultation with the BOG Chair, appoints a 15-member search committee. 
 Any personal identifying information of applicants is kept confidential until the final group of applicants is 
established.
43 
 The search committee recommends an unranked list of more than two final applicants to the UBOT, subject 
to prior review and approval by the BOG Chair. If exceptional circumstances make fulfilling this 
requirement infeasible, the committee must discuss why fewer than three applicants are being 
recommended and whether additional applications should be considered. If more than two candidates are 
not coming forward, the UBOT must be notified of the reason and may decline to act. 
 The UBOT selects a final qualified candidate as president-elect for recommendation to the BOG for 
confirmation. 
 Renewals of presidential employment contracts also must be confirmed by the BOG and are currently 
limited by BOG regulation 1.001(5)(d) to 1-year terms.
44 
 
BOG regulation 1.002 details the criteria each UBOT must adhere to for presidential search and selection including 
the composition of the search committee, executive compensation analysis, timeline, procedures, vetting process, 
candidate ranking process, recommending a final qualified candidate to the BOG for confirmation, and drafting an 
employment contract, among other requirements. 
 
Amendments to BOG regulation 1.002 since 2022 include: 
 establishing the BOG Chair as an ex officio member of a presidential search committee;  
 increasing BOG designees on a search committee from 1 to 2 members;  
 requiring a search committee to submit for review and approval the proposed unranked list of final 
applicants to the BOG Chair prior to submission to the UBOT; 
 requiring an explanation from a search committee to a UBOT if it recommends fewer than three applicants; 
and 
                                                            
35
 Id.  
36
 See Schnell, To Know is to Act? Revisiting the Impact of Government Transparency on Corruption, 43 Pub. Admin. & Dev 
(2023), available at 
https://onlinelibrary.wiley.com/doi/full/10.1002/pad.2029?msockid=2576678410e762633877729c119c6369/ 
37
 Art. IX., s. 7(d), Fla. Const.  
38
 Id.; Section 1001.706(4)(a), F.S.  
39
 Section 1001.706(4)(c)-(d), F.S. 
40
 Section 1001.706(4)(b), F.S.  
41
 BOG regulation 9.007 
42
 BOG regulations 1.001(5) and 1.002 
43
 Section 1004.098, F.S. 
44
 The current regulation codifying the existing practice for renewals of presidential employment contracts to come before the 
BOG for confirmation and to be limited to 1-year terms was adopted by the BOG on August 31, 2017.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	7 
 requiring that all persons with access to confidential applicant information sign a non-disclosure 
agreement (NDA) to ensure confidentiality of the information as required by law.
45 
 
In the event a UBOT selects an interim president, a search is not required, but the candidate is subject to 
confirmation by the BOG. A UBOT may delegate the selected interim president full authority to serve during the 
period prior to BOG confirmation if it is determined to be in the best interests of the university.
46 
 
For the Florida College System (FCS):
47 
 The FCS BOT is required to appoint, suspend, or remove the president and must notify the SBE 
immediately. 
 The FCS BOT may appoint a search committee, but is not required to do so. 
 Any personal identifying information of applicants is kept confidential until the final group of applicants is 
established.
48 
 
Public Records Exemption 
In 2022, in an effort to expand the pool of qualified applicants, the Legislature passed a public records and public 
meeting exemption that kept the personal identifying information of non-finalist applicants for president of a state 
college or state university confidential. However, the personal identifying information of a finalist would no longer 
be confidential beginning the earlier of the date they are made a finalist or 21 days before a meeting to interview or 
hire any of the finalists.
49 
 
In 2024, the BOG amended regulation 1.002 to address issues related to presidential searches that arose following 
the exemption taking effect.
50 The exemption is subject to the Open Government Sunset Review Act
51 and will be 
repealed on October 2, 2027, unless reenacted by the Legislature.
52 
 
Textbook, Instructional Material, & Course Syllabus Affordability and Transparency 
Florida law requires state universities and colleges to post lists online of required and recommended textbooks 
and instructional materials for at least 95 percent of courses and course sections offered at the institution during 
the upcoming term. The lists must include the International Standard Book Number (ISBN) or other identifying 
information, including, at a minimum, all of the following: the title, all authors listed, publishers, edition number, 
copyright date, published date, and other relevant information necessary to identify the specific textbooks or 
instructional materials required and recommended for each course.
53  
 
The lists must:
54 
 Be posted as early as is feasible but at least 45 days before the first day of class for each term. 
 Remain posted for at least 5 academic years. 
 Be searchable by the course subject, the course number, the course title, the name of the instructor of the 
course, the title of each assigned textbook or instructional material, and each author of an assigned 
textbook or instructional material. 
 Be easily downloadable by current and prospective students. 
 
                                                            
45
 Section 1004.098, F.S. 
46
 BOG regulation 1.001(5)(e) 
47
 Section 1001.64(18)-(19), F.S.; r. 6A-14.026, F.A.C. 
48
 Section 1004.098, F.S. 
49
 Section 1004.098(1)-(2), F.S. 
50
 Florida Board of Governors, Notice of Proposed Amended Regulation: 1.002, Presidential Search and Selection (2024), 
available at 1.002_Proposed_AmendedRegulationForm-1.pdf.  
51
 Section 119.15, F.S. 
52
 Section 1004.098(3), F.S. 
53
 Section 1004.085(5)(a), F.S. 
54
 Section 1004.085(5)(b), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	8 
For general education core courses,
55 course syllabi information must be included and contain sufficient detail to 
inform students of the following:
56 
 The course curriculum. 
 The goals, objectives, and student expectations of the course. 
 How student performance will be measured. 
 
Public Education Capital Outlay (PECO) Project Prioritization 
The BOG is required to submit a prioritized list of projects to receive PECO funding.
57 Projects considered for 
prioritization must be chosen from a preliminary selection group that includes projects that have previously had 
state funds appropriated that have not yet been completed
58 and the top two priorities of each state university. 
 
The BOG uses a points-based prioritization method to rank projects for consideration from the preliminary 
selection group that awards points for the degree to which a project meets specific criteria compared to other 
projects in the preliminary selection group. The project scoring the highest for each criterion shall be awarded the 
maximum points in the range of points within the points scale developed by the board.
59 
 
A new construction, remodeling, or renovation project that has not received an appropriation in a previous year 
must not be considered for inclusion on the prioritized list, unless:
60 
 A plan is provided to reserve funds in an escrow account, specific to the project, into which shall be 
deposited each year an amount of funds equal to 1 percent of the total value of the building for future 
maintenance; 
 There exists sufficient capacity within the cash and bonding estimate of funds by the Revenue Estimating 
Conference to accommodate the project within the 3-year PECO funding cycle; and 
 The project has been recommended in a state university’s educational plant survey.
61 
  
Auxiliary Services 
Under current law,
62 “auxiliary enterprises” includes activities that directly or indirectly provide a product or a 
service, or both, to a university or its students, faculty, or staff and for which a charge is made. These auxiliary 
enterprises are business activities of a university which require no support from the General Revenue Fund, and 
include activities such as housing, bookstores, student health services, continuing education programs, food 
services, college stores, operation of vending machines, specialty shops, day care centers, golf courses, student 
activities programs, data center operations, and intercollegiate athletics programs.
63 
 
Under current BOG regulation
64, each auxiliary service is an individual entity and is accounted for as such. A service 
may be operated by the institution or by a private contractor under the institution’s supervision. Under either 
arrangement, all pertinent institutional revenues and costs are assigned to the auxiliary service. 
 
A uniform system of financial reporting is required for auxiliary services within the SUS. Each institution may 
determine whether its auxiliary services will be self-supporting on an individual or collective basis, except for 
athletics, which must be a self-supporting entity. The use of unreserved cash from a non-athletic auxiliary may be 
considered for athletics by the UBOT and approved by the BOG, which will consider this on a case by case basis, 
taking into consideration the unique facts and circumstances surrounding each situation. The university 
administration must provide, at a minimum, the following information to the UBOT for its consideration, and 
subsequently to the BOG, so that a transparent and informed decision can be made: 
                                                            
55
 Section 1007.25(3), F.S. 
56
 Section 1004.085(5)(c), F.S. 
57
 Section 1013.64(4), F.S. 
58
 Section 1001.706(12)(d), F.S. 
59
 Section 1001.706(12)(a)-(b), F.S. 
60
 Section 1001.706(12)(c), F.S. 
61
 Section 1013.31, F.S. 
62
 Art. III, s. 19(f)(3), Fla. Const. 
63
 Section 1011.47(1), F.S. 
64
 BOG regulation 9.013  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	9 
 the specific non-athletic auxiliary the funds are coming from, the amount of the proposed transfer, and the 
amount of reserves available; 
 justification that the use of unreserved cash from the non-athletic auxiliary will benefit the broader 
student body or campus community; 
 if the supporting non-athletic auxiliary has outstanding debt, verification that the funds to be used are 
unreserved cash balances and that sufficient current revenues exist to cover all expenditures, including, 
but not limited to, debt service payments and required reserves; 
 assurance by the university, with concurrence of the Division of Bond Finance, that such transfer does not 
violate any bond covenants; and 
 in the event the non-athletic auxiliary revenues to be transferred include student fees or payments, 
documentation that a disclosure has been made to students that non-athletic auxiliary revenues which 
include student fees or payments will be transferred to athletics.  
 
Revenues for auxiliary services must not be provided from general revenue supported budget entities except in 
payment of goods and/or services. Provided, however, auxiliary services may be housed in buildings that are 
financed from other sources. Proposed expenditures from the various auxiliary funds must be reflected in annual 
budgets filed with the Board of Governors. 
 
Institute for Freedom in the Americas 
The Institute was established at Miami Dade College by the Legislature in 2024 with a mission to preserve the 
ideals of a free society and promote democracy in the Americas.
65 The Institute is dedicated to fostering a culture of 
freedom, democracy, and global governance. It prepares future leaders to make a lasting positive impact in their 
communities by championing democratic values and processes. Committed to promoting civic engagement and 
encouraging global dialogue, the Institute serves as a beacon for advancing democratic principles worldwide.
66 
 
RECENT LEGISLATION:  
 
YEAR BILL #  HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION 
2022 CS/SB 520 Garrison 	Brandes Took effect on March 15, 2022 
2022 SB 7044 Mariano 	Diaz Took effect on July 1, 2022 
 
 
 
OTHER RESOURCES:  
State University System Textbook and Instructional Materials Affordability Report 2023-2024 
 
                                                            
65
 Section 1004.89, F.S. 
66
 Miami Dade College, Institute for Freedom in the Americas, Home, Institute for Freedom in the Americas | Miami Dade 
College (last visited Apr. 8, 2025).  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	10 
BILL HISTORY 
COMMITTEE REFERENCE ACTION DATE 
STAFF 
DIRECTOR/ 
POLICY CHIEF 
ANALYSIS 
PREPARED BY 
Education & Employment 
Committee 
14 Y, 0 N, As CS 4/8/2025 Hassell Blalock 
THE CHANGES ADOPTED BY THE 
COMMITTEE: 
 Maintains the repeal of the presidential search public records 
exemption and requires a cone of silence upon an anticipated vacancy 
or vacancy of the office of president at a state university system (SUS) 
or Florida College System (FCS) institution.  
 Allows renewal of SUS and FCS presidential contracts for longer than 
one year, up to the term of the original contract. 
 Requires SUS and FCS institutions to adopt a presidential succession 
plan and prohibits appointing an interim president unless the 
appointment is consistent with the succession plan or the search 
process.  
 Requires a Board of Governors (BOG) or University Board of Trustees 
(UBOT) member to be a U.S. citizen and a resident or alumni of a 
Florida university. 
 Allows a SUS and FCS board of trustees member to continue to serve 
after the expiration of his or her term until a successor is appointed. 
 Requires SUS institutions to publish program admission criteria and 
requires the BOG to audit compliance. 
 Prohibits SUS and FCS institutions from requiring a divisive course as a 
graduation requirement. 
 Addresses course material and syllabi requirements by delaying 
compliance, striking supplemental materials from some requirements, 
and adjusting requirements related to how costs are posted. 
 Allows state universities to decide whether auxiliary enterprises will be 
self-sustaining on an individual or collective basis.  
 Provides that certain escrow accounts for capital outlay projects do not 
have to be project-specific. 
 Repeals the requirement for Miami-Dade College to partner with the 
Adam Smith Center at FIU for workshops, symposiums and conferences 
and the requirement for MDC to establish a direct-support 
organization. 
 
------------------------------------------------------------------------------------------------------------------------------------- 
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. 
-------------------------------------------------------------------------------------------------------------------------------------