Florida 2025 2025 Regular Session

Florida House Bill H1321 Engrossed / Bill

Filed 04/16/2025

                            
 
CS/HB 1321, Engrossed 1 	2025 
 
 
 
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A bill to be entitled 1 
An act relating to higher education; creating s. 2 
20.70, F.S.; providing residency requirements for 3 
members of certain public postsecondary boards; 4 
amending s. 112.3144, F.S.; requiring certain members 5 
of the Board of Governors to comply with specified 6 
financial disclosure requirements beginning on a date 7 
certain; amending s. 1001.01, F.S.; revising term 8 
limits for members and the chair of the State Board of 9 
Education; amending s. 1001.61, F.S.; providing term 10 
limits for members and the chairs of the Florida 11 
College System institution boards of trustees; 12 
authorizing trustees to serve until the appointment of 13 
a successor; amending s. 1001.64, F.S.; providing that 14 
certain actions related to the president of a Florida 15 
College System institution are not subject t o approval 16 
by the State Board of Education; requiring 17 
presidential search committees for the appointment of 18 
such president; providing requirements for the 19 
committees; requiring such president be recommended by 20 
the committee; authorizing a presidential cont ract to 21 
be renewed for a specified period; amending s. 22 
1001.70, F.S.; providing term limits for appointed 23 
members of the Board of Governors; amending s. 24 
1001.706, F.S.; requiring the Board of Governors to 25          
 
CS/HB 1321, Engrossed 1 	2025 
 
 
 
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review the admission criteria of state universities ; 26 
requiring state university program admission criteria 27 
to be posted on state university websites; providing 28 
that the president of a state university is appointed 29 
by the university board of trustees; requiring 30 
presidential search committees for the appoint ment of 31 
such president; providing requirements for the 32 
committees; requiring such president be recommended by 33 
the committee; deleting a requirement that the Board 34 
of Governors confirm the selection and reappointment 35 
of such president; authorizing a preside ntial contract 36 
to be renewed for a specified period; revising the 37 
requirements for certain state university capital 38 
outlay projects to be included on a specified list; 39 
amending s. 1001.71, F.S.; providing term limits for 40 
appointed members of university boa rds of trustees; 41 
deleting obsolete language and a certain consideration 42 
for appointed members; authorizing appointed members 43 
to serve until a successor is appointed; amending s. 44 
1004.085, F.S.; providing definitions; revising 45 
requirements for information i ncluded in specified 46 
lists relating to textbooks and instructional 47 
materials; requiring the current syllabi for specified 48 
courses to be posted as a hyperlink in a specified 49 
system and include specified information; amending s. 50          
 
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1004.098, F.S.; requiring sta te university and Florida 51 
College System institution boards of trustees to adopt 52 
a presidential succession plan for specified purposes; 53 
providing requirements for the plan and persons 54 
included in such plan; providing requirements for the 55 
appointment or selection of an interim president; 56 
prohibiting specified persons from discussing with 57 
specified persons under certain circumstances certain 58 
information or persons relating to the appointment of 59 
a president; deleting a public records and meeting 60 
exemption relating to applicants for president of a 61 
state university or Florida College System 62 
institution; amending s. 1004.89, F.S.; revising the 63 
duties of the Institute for Freedom in the Americas; 64 
deleting provisions relating to a direct -support 65 
organization for the institute; amending s. 1007.25, 66 
F.S.; prohibiting a Florida College System institution 67 
or state university from imposing certain graduation 68 
requirements; providing effective dates. 69 
 70 
Be It Enacted by the Legislature of the State of Florida: 71 
 72 
 Section 1.  Section 20.70, Florida Statutes, is created to 73 
read: 74 
 20.70  Residency requirements. —Notwithstanding any other 75          
 
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law: 76 
 (1)(a)  Effective January 6, 2027, an appointed member of 77 
the Board of Governors of the State University System shall be: 78 
 1.  A United States citizen; and 79 
 2.  A state resident or a graduate of a state university. 80 
 (b)  A position on the Board of Governors which is held by 81 
a person who does not meet the requirements of paragraph (a) on 82 
or after January 6, 2027, shall be deemed vacant. 83 
 (2)(a)  Effective January 6, 2027, an appointed member of a 84 
state university board of trustees shall be: 85 
 1.  A United States citizen; and 86 
 2.  A state resident or a graduate of the state university. 87 
 (b)  A position on a university board of trustees which is 88 
held by a person who does not meet the requirements of paragraph 89 
(a) on or after January 6, 2027, shall be deemed vacant. 90 
 Section 2.  Paragraph (f) is added to subsection (1) of 91 
section 112.3144, Florida Statutes, to read: 92 
 112.3144  Full and public disclosure of financial 93 
interests.— 94 
 (1) 95 
 (f)  Beginning January 1, 2026, each citizen member of the 96 
Board of Governors of the State University System must comply 97 
with the financial disclosure requirements of s. 8, Art. II of 98 
the State Constitution and this section. 99 
 Section 3.  Subsections (1) and (2) of section 1001.01, 100          
 
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Florida Statutes, are amended to read: 101 
 1001.01  State Board of Education; generally. — 102 
 (1)  The State Board of Education is established as a body 103 
corporate. The state board shall be a citizen board consisting 104 
of seven members who are residents of the state appointed by the 105 
Governor to staggered 4 -year terms, subject to confirmation by 106 
the Senate. Members of the state board shall serve without 107 
compensation but shall be entitled to reim bursement of travel 108 
and per diem expenses in accordance with s. 112.061. Members may 109 
only serve two be reappointed by the Governor for additional 110 
terms not to exceed 8 years of consecutive service . 111 
 (2)  The State Board of Education shall select a chair an d 112 
a vice chair from its appointed members. The chair shall serve a 113 
single 2-year term and may be reselected for one additional 114 
consecutive term. 115 
 Section 4.  Subsections (2) and (4) of section 1001.61, 116 
Florida Statutes, are amended to read: 117 
 1001.61  Florida College System institution boards of 118 
trustees; membership. — 119 
 (2)  Trustees shall be appointed by the Governor to 120 
staggered 4-year terms, subject to confirmation by the Senate in 121 
regular session. A trustee may continue to serve until a 122 
successor is appointed. Trustees may be reappointed by the 123 
Governor for one additional term, not to exceed 8 consecutive 124 
years of service. 125          
 
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 (4)  At its first regular meeting after July 1 of each 126 
year, each Florida College System institution board of trustees 127 
shall organize by electing a chair, whose duty as such is to 128 
preside at all meetings of the board, to call special meetings 129 
thereof, and to attest to actions of the board, and a vice 130 
chair, whose duty as such is to act as chair during the absence 131 
or disability of the e lected chair. It is the further duty of 132 
the chair of each board of trustees to notify the Governor, in 133 
writing, whenever a board member fails to attend three 134 
consecutive regular board meetings in any one fiscal year, which 135 
absences may be grounds for remov al. The chair shall serve a 136 
single 2-year term. 137 
 Section 5.  Subsection (19) of section 1001.64, Florida 138 
Statutes, is amended to read: 139 
 1001.64  Florida College System institution boards of 140 
trustees; powers and duties. — 141 
 (19)  Each board of trustees shal l appoint, suspend, or 142 
remove the president of the Florida College System institution. 143 
Such appointments, reappointments, suspensions, and extensions 144 
of a president, including associated contracts, are not subject 145 
to approval or confirmation by the State B oard of Education. In 146 
appointing a permanent president, the chair of the institution 147 
board of trustees shall appoint a presidential search committee. 148 
The presidential search committee shall consist of at least two 149 
members of the board of trustees and may i nclude persons from 150          
 
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the institution's faculty, the student body, the institution's 151 
foundation board, the institution's financing corporation board, 152 
if applicable, alumni, donors, and members from the community 153 
the institution serves. However, none of the p ersons appointed 154 
to serve on the presidential search committee may hold positions 155 
that report directly to the president. The Commissioner of 156 
Education or a member of the State Board of Education may not 157 
serve on a presidential search committee. The permane nt 158 
president appointed by the institution board of trustees must be 159 
recommended by the presidential search committee The board of 160 
trustees may appoint a search committee . The board of trustees 161 
shall conduct annual evaluations of the president in accordance 162 
with rules of the State Board of Education and submit such 163 
evaluations to the State Board of Education for review. The 164 
evaluation must address the achievement of the performance goals 165 
established by the accountability process implemented pursuant 166 
to s. 1008.45. A presidential contract may be renewed for a term 167 
exceeding 1 year, but not exceeding the term of the original 168 
contract. 169 
 Section 6.  Subsection (1) of section 1001.70, Florida 170 
Statutes, is amended to read: 171 
 1001.70  Board of Governors of the Stat e University 172 
System.— 173 
 (1)  Pursuant to s. 7(d), Art. IX of the State 174 
Constitution, the Board of Governors is established as a body 175          
 
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corporate comprised of 17 members as follows: 14 citizen members 176 
appointed by the Governor subject to confirmation by the Se nate; 177 
the Commissioner of Education; the chair of the advisory council 178 
of faculty senates or the equivalent; and the president of the 179 
Florida student association or the equivalent. The appointed 180 
members may only shall serve a single staggered 7-year term 181 
terms. In order to achieve staggered terms, beginning July 1, 182 
2003, of the initial appointments, 4 members shall serve 2 -year 183 
terms, 5 members shall serve 3 -year terms, and 5 members shall 184 
serve 7-year terms. 185 
 Section 7.  Paragraph (a) of subsection (5), paragraph (a) 186 
of subsection (6), and paragraph (c) of subsection (12) of 187 
section 1001.706, Florida Statutes, are amended to read: 188 
 1001.706  Powers and duties of the Board of Governors. — 189 
 (5)  POWERS AND DUTIES RELATING TO ACCOUNTABILITY. — 190 
 (a)1. The Legislature intends that the Board of Governors 191 
shall align the missions of each constituent university with the 192 
academic success of its students; the existing and emerging 193 
economic development needs of the state; the national reputation 194 
of its faculty and its academic and research programs; the 195 
quantity of externally generated research, patents, and 196 
licenses; and the strategic and accountability plans required in 197 
paragraphs (b) and (c). The Board of Governors shall 198 
periodically review the mission of each const ituent university 199 
and make updates or revisions as needed. Upon completion of a 200          
 
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review of the mission, the board shall review existing academic 201 
programs, including admission criteria, for alignment with the 202 
mission. The board shall include in its review a directive to 203 
each constituent university regarding its programs for any 204 
curriculum or admission criteria that violates s. 1000.05 or 205 
that is based on theories that systemic racism, sexism, 206 
oppression, and privilege are inherent in the institutions of 207 
the United States and were created to maintain social, 208 
political, and economic inequities. The mission alignm ent and 209 
strategic plan must consider peer institutions at the 210 
constituent universities. The mission alignment and strategic 211 
plan must acknowledge that universities that have a national and 212 
international impact have the greatest capacity to promote the 213 
state's economic development through: new discoveries, patents, 214 
licenses, and technologies that generate state businesses of 215 
global importance; research achievements through external grants 216 
and contracts that are comparable to nationally recognized and 217 
ranked universities; the creation of a resource rich academic 218 
environment that attracts high -technology business and venture 219 
capital to the state; and this generation's finest minds 220 
focusing on solving the state's economic, social, environmental, 221 
and legal problems in the areas of life sciences, water, 222 
sustainability, energy, and health care. A nationally recognized 223 
and ranked university that has a global perspective and impact 224 
must be afforded the opportunity to enable and protect the 225          
 
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university's competitiveness on the global stage in fair 226 
competition with other institutions of other states in the 227 
highest Carnegie Classification. 228 
 2.  To assist the Board of Governors in its review of 229 
admission criteria, each constituent university shall post 230 
program admission cri teria on its website. 231 
 (6)  POWERS AND DUTIES RELATING TO PERSONNEL. — 232 
 (a)  The Board of Governors, or the board's designee, shall 233 
establish the personnel program for all employees of a state 234 
university, except the president. The board of trustees of a 235 
state university shall select and reappoint the university 236 
president. In appointing a permanent president, the chair of the 237 
university board of trustees shall appoint a presidential search 238 
committee. The presidential search committee shall consist of 15 239 
members consisting of at least three members of the board of 240 
trustees and may include persons from the university's faculty, 241 
the student body, the university's foundation board, the 242 
university's financing corporation board, if applicable, alumni, 243 
donors, and members from the community in which the university 244 
serves. However, none of the persons appointed to serve on the 245 
presidential search committee may hold positions that report 246 
directly to the president. The Chancellor of the State 247 
University System or a membe r of the Board of Governors may not 248 
serve on the presidential search committee. The permanent 249 
president selected by the board of trustees must have been 250          
 
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recommended by the presidential search committee. Selections, 251 
reappointments, and extensions of a presi dent, including 252 
associated contracts, are not subject to approval or 253 
confirmation by the Board of Governors. A presidential contract 254 
may be renewed for a term exceeding 1 year, but not exceeding 255 
the term of the original contract . The Board of Governors sha ll 256 
confirm the presidential selection and reappointment by a 257 
university board of trustees as a means of acknowledging that 258 
system cooperation is expected. 259 
 (12)  PUBLIC EDUCATION CAPITAL OUTLAY. —The Board of 260 
Governors shall submit the prioritized list as r equired by s. 261 
1013.64(4). Projects considered for prioritization shall be 262 
chosen from a preliminary selection group which shall include 263 
the list of projects maintained pursuant to paragraph (d) and 264 
the top two priorities of each state university. 265 
 (c)  A new construction, remodeling, or renovation project 266 
that has not received an appropriation in a previous year shall 267 
not be considered for inclusion on the prioritized list required 268 
by s. 1013.64(4), unless: 269 
 1.  A plan is provided to reserve funds in an esc row 270 
account, specific to the project, into which shall be deposited 271 
each year an amount of funds equal to 1 percent of the total 272 
value of the building for future maintenance; 273 
 2.  There exists sufficient capacity within the cash and 274 
bonding estimate of fun ds by the Revenue Estimating Conference 275          
 
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to accommodate the project within the 3 -year Public Education 276 
Capital Outlay funding cycle; and 277 
 3.  The project has been recommended pursuant to s. 278 
1013.31. 279 
 Section 8.  Subsection (1) of section 1001.71, Florida 280 
Statutes, is amended to read: 281 
 1001.71  University boards of trustees; membership. — 282 
 (1)  Pursuant to s. 7(c), Art. IX of the State 283 
Constitution, each local constituent university shall be 284 
administered by a university board of trustees comprised of 13 285 
members as follows: 6 citizen members appointed by the Governor 286 
subject to confirmation b y the Senate; 5 citizen members 287 
appointed by the Board of Governors subject to confirmation by 288 
the Senate; the chair of the faculty senate or the equivalent; 289 
and the president of the student body of the university. The 290 
appointed members shall serve stagger ed 5-year terms. Appointed 291 
members may be reappointed for one additional term, not to 292 
exceed 10 years of consecutive service. In order to achieve 293 
staggered terms, beginning July 1, 2003, of the initial 294 
appointments by the Governor, 2 members shall serve 2 -year 295 
terms, 3 members shall serve 3 -year terms, and 1 member shall 296 
serve a 5-year term and of the initial appointments by the Board 297 
of Governors, 2 members shall serve 2 -year terms, 2 members 298 
shall serve 3-year terms, and 1 member shall serve a 5 -year 299 
term. There shall be no state residency requirement for 300          
 
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university board members, but The Governor and the Board of 301 
Governors shall consider diversity and regional representation 302 
when appointing members. An appointed board member may continue 303 
to serve until a successor is appointed . Beginning July 2, 2020, 304 
For purposes of this subsection, regional representation shall 305 
include the chair of a campus board established pursuant to s. 306 
1004.341. 307 
 Section 9.  Effective January 1, 2026, subsections (1) and 308 
(5) of section 1004.085, Florida Statutes, are amended to read: 309 
 1004.085  Textbook and instructional materials 310 
affordability and transparency. — 311 
 (1)  As used in this section , the term:,  312 
 (a) The term "Instructional materials" means educational 313 
materials for use within a course which may be available in 314 
printed or digital format. 315 
 (b)  "Syllabus" or "syllabi" means the course syllabus or 316 
syllabi developed by the instructor assigned to the course. 317 
 (c)  "Term" includes the fall, spring, and summer terms. 318 
 (5)(a)  Each Florida College System institution and state 319 
university shall post prominently in the course registration 320 
system and on its website a hyperlink to lists of required and 321 
recommended textbooks and instructional materials , including 322 
those that are open ac cess or an open educational resource or 323 
for which there is no cost, for at least 95 percent of all 324 
courses and course sections offered at the institution during 325          
 
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the upcoming term. The lists must include the International 326 
Standard Book Number (ISBN) or a unique identifier for each 327 
required and recommended textbook and instructional material and 328 
or other identifying information, which must include, at a 329 
minimum, all of the following: the title, all authors listed, 330 
publishers, edition number, copyright date, p ublished date, and 331 
other relevant information necessary to identify the specific 332 
textbooks or instructional materials required and recommended 333 
for each course. The State Board of Education and the Board of 334 
Governors shall include in the policies, procedure s, and 335 
guidelines adopted under subsection (6) certain limited 336 
exceptions to this notification requirement for classes added 337 
after the notification deadline. 338 
 (b)  The lists of required and recommended textbooks and 339 
instructional materials required in para graph (a) must be based 340 
on a list submitted by the instructor and : 341 
 1.  Be posted as early as is feasible but at least 45 days 342 
before the first day of class for each term. 343 
 2.  Remain posted for at least 5 academic years. 344 
 3.  Be searchable by the general education status, the 345 
course subject, the course section, the course number, the 346 
course title, the name of the instructor of the course, the 347 
title of each assigned textbook or instructional material, and 348 
each author of an assigned textbook or instructional material. 349 
 4.  Include the duration of any license allowing access to 350          
 
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the textbook or instructional material. 351 
 5.  Display corresponding retail costs, when applicable, to 352 
students to help determine the value of any bulk pricing 353 
program. 354 
 6.4. Be easily downloadable by current and prospective 355 
students. 356 
 (c)  To maximize informed student choice, the current 357 
syllabus for each If a course subject to paragraphs (a) and (b) 358 
shall be posted prominently as a hyperlink in the course 359 
registration system. Each syll abus must contain is a general 360 
education core course option identified pursuant to s. 1007.25, 361 
course syllabi information containing sufficient detail to 362 
inform students of all of the following must be included: 363 
 1.  The course curriculum , including the required, 364 
recommended, and supplemental textbooks and instructional 365 
materials regardless of cost or whether the materials are open 366 
access or open educational resource . 367 
 2.  Specific The goals, objectives, and student 368 
expectations of the course. 369 
 3.  How student performance will be evaluated, including 370 
the grading scale and methodology measured. 371 
 Section 10.  Section 1004.098, Florida Statutes, is amended 372 
to read: 373 
 1004.098  Applicants for president of a state university or 374 
Florida College System institution ; public records exemption; 375          
 
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public meetings exemption .— 376 
 (1)(a)  Each state university and Florida College System 377 
institution board of trustees must adopt a presidential 378 
succession plan specifying lines of authority should the 379 
president not fulfill his or her full term as president. To 380 
promote continuity and efficiency in government, each successor 381 
identified in the plan must be a current employee of the state 382 
university or Florida College System institution. 383 
 (b)  A state university or Florida College Syst em 384 
institution may not appoint or select an interim president 385 
unless the appointment or selection conforms to its succession 386 
plan or the university or institution conducts a search pursuant 387 
to s. 1001.706(6)(a) or s. 1001.64(19), as applicable. 388 
 (2)  Upon the vacancy or anticipated vacancy of the 389 
position of president, a public officer, including the Governor, 390 
or an employee of an executive branch agency, may not discuss 391 
the vacancy, an anticipated vacancy, or the process for filling 392 
such vacancy or promote or advocate for a person to be appointed 393 
as president, with a member or employee of the following: 394 
 (a)  The Board of Governors. 395 
 (b)  The State Board of Education. 396 
 (c)  A state university board of trustees. 397 
 (d)  A Florida College System institution boa rd of 398 
trustees.  399 
 (1)(a)  Any personal identifying information of an 400          
 
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applicant for president of a state university or a Florida 401 
College System institution held by a state university or a 402 
Florida College System institution is confidential and exempt 403 
from s. 119.07(1) and s. 24(a), Art. I of the State 404 
Constitution. 405 
 (b)  Notwithstanding paragraph (a), the age, race, and 406 
gender of all applicants who met the minimum qualifications 407 
established for the position by a state university or Florida 408 
College System institution who were considered and the personal 409 
identifying information of an applicant included in the final 410 
group of applicants for president of a state university or a 411 
Florida College System institution are no longer confidential 412 
and exempt from s. 119.07( 1) and s. 24(a), Art. I of the State 413 
Constitution beginning at the earlier of the date the final 414 
group of applicants to be considered for president is 415 
established or 21 days before the date of a meeting at which an 416 
interview of an applicant will be conduct ed or at which final 417 
action or a vote is to be taken on the offer of the employment 418 
of an applicant as president. 419 
 (2)(a)  Any portion of a meeting held for the purpose of 420 
identifying or vetting applicants for president of a state 421 
university or a Florida C ollege System institution, including 422 
any portion of a meeting which would disclose personal 423 
identifying information of such applicants which is otherwise 424 
confidential and exempt under subsection (1), is exempt from s. 425          
 
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286.011 and s. 24(b), Art. I of the St ate Constitution. 426 
 (b)  A complete recording must be made of any portion of a 427 
meeting which is closed pursuant to paragraph (a), and any 428 
closed portion of such meeting may not be held off the record. 429 
The recording of the closed portion of a meeting is exem pt from 430 
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 431 
 (c)  The exemption provided in paragraph (a) does not apply 432 
to: 433 
 1.  Any portion of a meeting held for the purpose of 434 
establishing qualifications for the position or establishing any 435 
compensation framework to be offered to an applicant for 436 
president of a state university or a Florida College System 437 
institution. 438 
 2.  Any meeting that is held after a final group of 439 
applicants for president of a state university or a Florida 440 
College System institution has been established. 441 
 (3)  This section is subject to the Open Government Sunset 442 
Review Act in accordance with s. 119.15 and shall stand repealed 443 
on October 2, 2027, unless reviewed and saved from repeal 444 
through reenactment by the Legislature. 445 
 Section 11.  Section 1004.89, Florida Statutes, is amended 446 
to read: 447 
 1004.89  Institute for Freedom in the Americas. — 448 
 (1) The Institute for Freedom in the Americas is hereby 449 
created at Miami Dade College to preserve the ideals of a free 450          
 
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society and promote democracy in the Americas. The institute 451 
shall be located at the Freedom Tower and shall: 452 
 (1)(a) Partner with the Adam Smith Center for Economic 453 
Freedom to Hold workshops, symposiums, and conferences that 454 
provide networking opportunities for leader s throughout the 455 
region to gain new insights and ideas for promoting democracy, 456 
including knowledge of and insight into the intellectual, 457 
political, and economic freedoms that are foundational to a 458 
democratic society. 459 
 (2)(b) Enter into an agreement with the Adam Smith Center 460 
for Economic Freedom to provide participants with academic 461 
coursework and programs that advance democratic practices and 462 
economic and legal reforms. 463 
 (3)(c) Provide educational and experiential opportunities 464 
for regional leaders comm itted to careers in democracy and 465 
governance. 466 
 (2)  Miami Dade College, in accordance with s. 1004.70, 467 
shall approve a direct -support organization to support the 468 
institute in its mission to develop partnerships throughout the 469 
Americas. Notwithstanding s. 1 004.70(2), the board of the 470 
direct-support organization shall be composed of five members, 471 
as follows: one member appointed by the President of the Senate; 472 
one member appointed by the Speaker of the House of 473 
Representatives; and three members appointed by the Governor, 474 
including a representative from Miami Dade College and a 475          
 
CS/HB 1321, Engrossed 1 	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
representative from the Adam Smith Center for Economic Freedom. 476 
 Section 12.  Subsection (15) is added to section 1007.25, 477 
Florida Statutes, to read: 478 
 1007.25  General education cours es; common prerequisites; 479 
other degree requirements. — 480 
 (15)  A Florida College System institution or state 481 
university may not impose an institutionwide or universitywide 482 
graduation requirement that includes a course in conflict with 483 
paragraph (3)(c). 484 
 Section 13.  Except as otherwise expressly provided in this 485 
act and except for this section, which shall take effect upon 486 
becoming a law, this act shall take effect July 1, 2025. 487