Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 970



       By Senator Thompson





       15-01685-24                                            2024970__
                      A bill to be entitled                      
       An act relating to education; providing a short title;
       amending s. 447.309, F.S.; providing that faculty of
       state universities and Florida College System
       institutions have the right to engage in collective
       bargaining; providing that faculty members have the
       right to resolve contractual disputes through third
       party arbitration; amending s. 1001.03, F.S.; deleting
       the definition of the term “shield”; requiring the
       State Board of Education to ensure that Florida
       College System intuitions are not subject to political
       influence in academic affairs; requiring the board to
       ensure that such institutions have the autonomy to
       promote diversity, equity, and inclusion on their
       campuses; amending s. 1001.42, F.S.; requiring each
       district school board to ensure that students and
       personnel are not subject to ideological training or
       instruction; amending s. 1001.706, F.S.; deleting the
       definition of the term “shield”; requiring the Board
       of Governors to ensure that state universities are not
       subject to political influence in academic affairs;
       requiring the board to ensure that state universities
       have the autonomy to promote diversity, equity, and
       inclusion on their campuses; amending s. 1001.7415,
       F.S.; conforming a provision to a change made by the
       act; amending s. 1002.22, F.S.; providing that K-12
       students and their parents have the right not to be
       recorded or surveilled in the classroom without
       express consent; amending s. 1004.01, F.S.; revising
       the statement of purpose and mission of public
       postsecondary education to include ensuring that
       students have an inalienable right to pursue education
       without governmental or institutional interference;
       amending s. 1004.06, F.S.; conforming a provision to
       changes made by the act; creating s. 1012.802, F.S.;
       granting faculty members at public postsecondary
       institutions the right to negotiate their annual
       assignments with certain entities; requiring that such
       negotiations be free from interference by governing
       bodies; amending s. 1012.83, F.S.; requiring that non
       tenure track faculty at Florida College System
       institutions have access to specified contracts;
       creating s. 1012.979, F.S.; requiring that non-tenure
       track faculty members at state universities have
       access to specified contracts; providing for
       rulemaking; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. This act may be cited as the “Florida
Educational Freedoms Act.”
       Section 2. Subsection (6) is added to section 447.309,
Florida Statutes, to read:
       447.309 Collective bargaining; approval or rejection.—
       (6) Faculty of state universities and Florida College
System institutions have the right to engage in collective
bargaining. This right allows faculty members to negotiate in a
transparent and fair work environment on matters related to
their employment terms, conditions, and protections. Faculty
also have the right to resolve contractual disputes through
third-party, neutral arbitration.
       Section 3. Paragraphs (a) and (c) of subsection (20) of
section 1001.03, Florida Statutes, are amended, and paragraph
(d) is added to that subsection, to read:
       1001.03 Specific powers of State Board of Education.—
       (20) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
ASSESSMENT.—
       (a) For the purposes of this subsection, the term:
       1. “intellectual freedom and viewpoint diversity” means the
exposure of students, faculty, and staff to, and the
encouragement of their exploration of, a variety of ideological
and political perspectives.
       2. “Shield” means to limit students’, faculty members’, or
staff members’ access to, or observation of, ideas and opinions
that they may find uncomfortable, unwelcome, disagreeable, or
offensive.
       (c) The State Board of Education shall ensure that Florida
College System institutions are free from undue political
influence and interference in academic affairs, including
curriculum design, faculty appointments, research activities,
and administrative operations may not shield students, faculty,
or staff at Florida College System institutions from free speech
protected under the First Amendment to the United States
Constitution, Art. I of the State Constitution, or s. 1004.097.
       (d) The State Board of Education shall ensure that each
Florida College System institution is granted autonomy to
design, develop, and implement programs aimed at promoting
diversity, equity, and inclusion (DEI) on its campus. These DEI
initiatives should further the institution’s mission, vision,
and goals and foster a holistic, competitive, and inclusive
learning environment.
       Section 4. Present subsection (29) of section 1001.42,
Florida Statutes, is redesignated as subsection (30), and a new
subsection (29) is added to that section, to read:
       1001.42 Powers and duties of district school board.—The
district school board, acting as a board, shall exercise all
powers and perform all duties listed below:
       (29) IDEOLOGICAL TRAINING.—Ensure that students and
personnel are not subject to compulsory ideological training or
instruction, compelled speech, or censorship in classrooms.
       Section 5. Paragraphs (a) and (c) of subsection (13) of
section 1001.706, Florida Statutes, are amended, and paragraph
(d) is added to that subsection, to read:
       1001.706 Powers and duties of the Board of Governors.—
       (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
ASSESSMENT.—
       (a) For the purposes of this subsection, the term:
       1. “intellectual freedom and viewpoint diversity” means the
exposure of students, faculty, and staff to, and the
encouragement of their exploration of, a variety of ideological
and political perspectives.
       2. “Shield” means to limit students’, faculty members’, or
staff members’ access to, or observation of, ideas and opinions
that they may find uncomfortable, unwelcome, disagreeable, or
offensive.
       (c) The Board of Governors shall ensure that state
universities are free from undue political influence and
interference in academic affairs, including curriculum design,
faculty appointments, research activities, and administrative
operations may not shield students, faculty, or staff at state
universities from free speech protected under the First
Amendment to the United States Constitution, Art. I of the State
Constitution, or s. 1004.97.
       (d) The Board of Governors shall ensure that each state
university is granted autonomy to design, develop, and implement
programs aimed at promoting diversity, equity, and inclusion
(DEI) on its campus. These DEI initiatives should further the
university’s mission, vision, and goals and foster a holistic,
competitive, and inclusive learning environment.
       Section 6. Paragraph (b) of subsection (1) of section
1001.7415, Florida Statutes, is amended to read:
       1001.7415 State university boards of trustees; personnel;
loyalty tests and ideological preference prohibited.—
       (1)
       (b)1. A political loyalty test includes compelling,
requiring, or soliciting a person to identify commitment to or
to make a statement of personal belief in support of:
       a. Any ideology or movement that promotes the differential
treatment of a person or a group of persons based on race or
ethnicity, including an initiative or a formulation of
diversity, equity, and inclusion beyond upholding the equal
protection of the laws guaranteed by the Fourteenth Amendment to
the United States Constitution or a theory or practice that
holds that systems or institutions upholding the equal
protection of the laws guaranteed by the Fourteenth Amendment of
the United States Constitution are racist, oppressive, or
otherwise unjust; or
       b. A specific partisan, political, or ideological set of
beliefs.
       2. A political loyalty test does not include fidelity to,
or an oath or effort taken to uphold, general and federal law,
the United States Constitution, or the State Constitution.
       Section 7. Paragraph (f) is added to subsection (2) of
section 1002.22, Florida Statutes, to read:
       1002.22 Education records and reports of K-12 students;
rights of parents and students; notification; penalty.—
       (2) RIGHTS OF STUDENTS AND PARENTS.—The rights of students
and their parents with respect to education records created,
maintained, or used by public educational institutions and
agencies shall be protected in accordance with the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
the implementing regulations issued pursuant thereto, and this
section. In order to maintain the eligibility of public
educational institutions and agencies to receive federal funds
and participate in federal programs, the State Board of
Education shall comply with the FERPA after the board has
evaluated and determined that the FERPA is consistent with the
following principles:
       (f) Students and their parents shall have the right not to
be surveilled or recorded in the classroom with audio or video
recording equipment without express consent.
       Section 8. Subsection (2) of section 1004.01, Florida
Statutes, is amended to read:
       1004.01 Statement of purpose and mission.—
       (2) The mission of the state system of postsecondary
education is to develop human resources, to discover and
disseminate knowledge, to extend knowledge and its application
beyond the boundaries of its campuses, and to develop in
students heightened intellectual, cultural, and humane
sensitivities; scientific, professional, and technological
expertise; and a sense of purpose. Inherent in this broad
mission are methods of instruction, research, extended training,
and public service designed to educate people and improve the
human condition. The mission also includes ensuring that every
student enrolled in a state university or Florida College System
institution has the inalienable right to pursue education across
all academic disciplines, devoid of governmental or
institutional interference. This freedom includes, but is not
limited to, the right to select, drop, or change courses and
areas of study without facing pressure or restrictions based on
political or ideological grounds.
       Section 9. Subsection (2) of section 1004.06, Florida
Statutes, is amended to read:
       1004.06 Prohibited expenditures.—
       (2) A Florida College System institution, state university,
Florida College System institution direct-support organization,
or state university direct-support organization may not expend
any state or federal funds to promote, support, or maintain any
programs or campus activities that:
       (a) Violate s. 1000.05; or
       (b) Advocate for diversity, equity, and inclusion, or
Promote or engage in political or social activism, as defined by
rules of the State Board of Education and regulations of the
Board of Governors.

Student fees to support student-led organizations are permitted
notwithstanding any speech or expressive activity by such
organizations which would otherwise violate this subsection,
provided that the public funds must be allocated to student-led
organizations pursuant to written policies or regulations of
each Florida College System institution or state university, as
applicable. Use of institution facilities by student-led
organizations is permitted notwithstanding any speech or
expressive activity by such organizations which would otherwise
violate this subsection, provided that such use must be granted
to student-led organizations pursuant to written policies or
regulations of each Florida College System institution or state
university, as applicable.
       Section 10. Section 1012.802, Florida Statutes, is created
to read:
       1012.802 Faculty assignments.—Faculty members at public
postsecondary institutions have the right to negotiate their
annual assignments with their respective department chairs and
academic officers. This negotiation process must be free from
interference by the institution’s board of trustees or any
governing body and must maintain faculty members’ professional
autonomy.
       Section 11. Subsection (3) is added to section 1012.83,
Florida Statutes, to read:
       1012.83 Contracts with administrative and instructional
staff.—
       (3) Non-tenure track faculty members shall have access to
continuing contracts that cannot be revoked without due process
rights equivalent to those held by tenured faculty members. This
subsection guarantees a just and transparent process for
employment security and academic freedom for all faculty
members, regardless of tenure status.
       Section 12. Section 1012.979, Florida Statutes, is created
to read:
       1012.979 Employment protections and due process rights for
non-tenure track faculty.—Non-tenure track faculty members shall
have access to continuing contracts that cannot be revoked
without due process rights equivalent to those held by tenured
faculty members. This section guarantees a just and transparent
process for employment security and academic freedom for all
faculty members, regardless of tenure status.
       Section 13. The State Board of Education shall adopt rules,
and the Board of Governors shall adopt regulations, to implement
this act, enforce compliance among applicable entities, and
develop a process to address violations.
       Section 14. This act shall take effect upon becoming a law.
Statutes affected: 
S 970 Filed: 1001.7415, 1004.01, 1004.06