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 12 Y, 5 N, As CS Wolff Kiner
Subcommittee
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 univers ity
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 instit utions 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 eli gible 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
act becoming a law.
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
 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
Total DEI Total State Percentage of
University Total FTE
Funding Funding State Funding
University of Florida $5,333,914 $3,381,330 63% 43.278
Florida State $2,454,591 $2,248,382 92% 74
University
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-in itiatives-dei-wo men-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_vuF x97zjTIscoG1O8/view.
9 Id.
STORAGE NAME: h0999a.EEC PAGE: 2
DATE: 4/20/2023
 Florida A&M $4,436,667 $4,163,497 94% 31.53
University10
University of South $8,663,476 $2,539,260 29% 31.87
Florida
Florida Atlantic $904,026 $642,776 71% 8.427
University11
University of West $909,704 $806,398 89% 11.4054
Florida
University of Central $4,473,498 $2,294,311 51% 25.80
Florida
Florida International $3,126,827 $2,256,732 72% 21.1686
University
University of North $3,518,349 $1,788,856 51% 25
Florida
Florida Golf Coast $382,022 $317,662 83% 4.617
University
Florida Polytechnic $8,363 $8,363 100% .11
University
New College of $290,449 $288,335 99% 2.05
Florida
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 expenditure s, 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: 3
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 Act22 (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-.st ml (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: 4
DATE: 4/20/2023
  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