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
HB 899 2024
1 A bill to be entitled
2 An act relating to academic freedom; creating s.
3 447.3019, F.S.; providing Legislative findings
4 relating to certain collective bargaining rights;
5 amending s. 1001.03, F.S.; deleting a provision
6 prohibiting the State Board of Education from
7 shielding certain persons from certain speech;
8 requiring the state board to ensure Florida College
9 System institutions are free from specified influences
10 and interference; amending s. 1001.64, F.S.;
11 authorizing Florida College System institution boards
12 of trustees to design, develop, and implement certain
13 programs related to diversity, equity, and inclusion;
14 amending s. 1001.706, F.S.; deleting a provision
15 prohibiting the Board of Governors from shielding
16 certain persons from certain speech; requiring the
17 board to ensure state universities are free from
18 specified influences and interference; creating s.
19 1001.7461, F.S.; authorizing state university boards
20 of trustees to design, develop, and implement certain
21 programs related to diversity, equity, and inclusion;
22 creating s. 1004.022, F.S.; providing that students at
23 state universities and Florida College System
24 institutions have specified rights relating to
25 education access; amending s. 1004.06, F.S.;
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HB 899 2024
26 conforming provisions to changes made by the act;
27 amending s. 1004.097, F.S.; deleting a provision
28 authorizing students to record video or audio of class
29 lectures for specified purposes; creating s. 1012.802,
30 F.S.; authorizing faculty members at state
31 universities and Florida College System institutions
32 to negotiate certain assignments; providing
33 requirements for such negotiations; authorizing the
34 state board and Board of Governors to adopt rules and
35 regulations, respectively; creating s. 1012.9451,
36 F.S.; requiring certain state university faculty to
37 have access to continuing contracts; providing
38 requirements for such contracts; authorizing the Board
39 of Governors to adopt regulations; providing an
40 effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 447.3019, Florida Statutes, is created
45 to read:
46 447.3019 Affirmation of the rights of public postsecondary
47 faculty to engage in collective bargaining.—The Legislature
48 recognizes and affirms the right of faculty at the state's
49 public postsecondary education institutions to engage in
50 collective bargaining and negotiate on matters related to their
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51 employment terms, conditions, and protections, fostering a
52 transparent and fair work environment. Furthermore, such faculty
53 shall have the unabridged right to resolve contractual disputes
54 through third-party, neutral arbitration.
55 Section 2. Paragraph (c) of subsection (20) of section
56 1001.03, Florida Statutes, is amended to read:
57 1001.03 Specific powers of State Board of Education.—
58 (20) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
59 ASSESSMENT.—
60 (c) The State Board of Education must ensure that Florida
61 College System institutions are free from undue political
62 influence and interference in academic affairs, including
63 curriculum design, may not shield students, faculty
64 appointments, research activities, and administrative operations
65 or staff at Florida College System institutions from free speech
66 protected under the First Amendment to the United States
67 Constitution, Art. I of the State Constitution, or s. 1004.097.
68 Section 3. Paragraph (c) is added to subsection (4) of
69 section 1001.64, Florida Statutes, to read:
70 1001.64 Florida College System institution boards of
71 trustees; powers and duties.—
72 (4)
73 (c) Each board of trustees may design, develop, and
74 implement programs aimed at promoting diversity, equity, and
75 inclusion. Such programs must further the institution's mission,
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76 vision, and goals and foster a holistic, competitive, and
77 inclusive learning environment.
78 Section 4. Paragraph (c) of subsection (13) of section
79 1001.706, Florida Statutes, is amended to read:
80 1001.706 Powers and duties of the Board of Governors.—
81 (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
82 ASSESSMENT.—
83 (c) The Board of Governors must ensure that state
84 universities are free from undue political influence and
85 interference in academic affairs, including curriculum design,
86 may not shield students, faculty appointments, research
87 activities, and administrative operations or staff at state
88 universities from free speech protected under the First
89 Amendment to the United States Constitution, Art. I of the State
90 Constitution, or s. 1004.97.
91 Section 5. Section 1001.7416, Florida Statutes, is created
92 to read:
93 1001.7416 State university diversity, equity, and
94 inclusion programs.—Each state university board of trustees may
95 design, develop, and implement programs aimed at promoting
96 diversity, equity, and inclusion. Such programs must further the
97 institution's mission, vision, and goals and foster a holistic,
98 competitive, and inclusive learning environment.
99 Section 6. Section 1004.022, Florida Statutes, is created
100 to read:
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101 1004.022 Academic freedom.—Notwithstanding any other
102 provision of law to the contrary, every student in the State
103 University System and Florida College System has the unalienable
104 right to pursue education access across all academic disciplines
105 without governmental or institutional interference, including,
106 but not limited to, a student's prerogative to select, drop, or
107 change courses and areas of study without facing pressure or
108 restrictions based on political or ideological grounds.
109 Section 7. Paragraph (b) of subsection (2) of section
110 1004.06, Florida Statutes, is amended to read:
111 1004.06 Prohibited expenditures.—
112 (2) A Florida College System institution, state
113 university, Florida College System institution direct -support
114 organization, or state university direct-support organization
115 may not expend any state or federal funds to promote, support,
116 or maintain any programs or campus activities that:
117 (b) Advocate for diversity, equity, and inclusion, or
118 Promote or engage in political or social activism, as defined by
119 rules of the State Board of Education and regulations of the
120 Board of Governors.
121
122 Student fees to support student-led organizations are permitted
123 notwithstanding any speech or expressive activity by such
124 organizations which would otherwise violate this subsection,
125 provided that the public funds must be allocated to student-led
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126 organizations pursuant to written policies or regulations of
127 each Florida College System institution or state university, as
128 applicable. Use of institution facilities by student-led
129 organizations is permitted notwithstanding any speech or
130 expressive activity by such organizations which would otherwise
131 violate this subsection, provided that such use must be granted
132 to student-led organizations pursuant to written policies or
133 regulations of each Florida College System institution or state
134 university, as applicable.
135 Section 8. Paragraph (g) of subsection (3) of section
136 1004.097, Florida Statutes, is amended to read:
137 1004.097 Free expression on campus.—
138 (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
139 (g) Notwithstanding s. 934.03 and subject to the
140 protections provided in the Family Educational Rights and
141 Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and
142 1002.225, a student may record video or audio of class lectures
143 for his or her own personal educational use, in connection with
144 a complaint to the public institution of higher education where
145 the recording was made, or as evidence in, or in preparation
146 for, a criminal or civil proceeding. A recorded lecture may not
147 be published without the consent of the lecturer.
148 Section 9. Section 1012.802, Florida Statutes, is created
149 to read:
150 1012.802 Faculty assignments at public postsecondary
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151 educational institutions.—
152 (1) Each faculty member at a state university or Florida
153 College System institution shall, at his or her discretion,
154 negotiate his or her annual assignments with his or her
155 department chair and academic officers. To maintain the
156 professional autonomy of faculty members, the negotiation
157 process must be free from interference by the state university
158 or Florida College System institution's board of trustees or any
159 other governing body.
160 (2) The Board of Governors and the State Board of
161 Education may adopt regulations and rules, respectively, to
162 administer this section.
163 Section 10. Section 1012.9451, Florida Statutes, is
164 created to read:
165 1012.9451 Non-tenure track state university faculty.—
166 (1) Notwithstanding any other law to the contrary, non -
167 tenure track faculty at state universities must be granted
168 access to continuing contracts that may not be revoked or
169 terminated without due process rights available to tenured state
170 university faculty ensuring a just and transparent process for
171 employment security and academic freedom for all faculty
172 regardless of their tenure status.
173 (2) The Board of Governors may adopt regulations to
174 administer this section.
175 Section 11. This act shall take effect upon becoming a
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176 law.
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Statutes affected:
H 899 Filed: 1001.03, 1001.706, 1004.06, 1004.097