HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 931 Postsecondary Educational Institutions
SPONSOR(S): Education & Employment Committee, Higher Education Appropriations Subcommittee, Roach
and others
TIED BILLS: None. IDEN./SIM. BILLS: CS/SB 958
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Postsecondary Education & Workforce 12 Y, 5 N Wolff Kiner
Subcommittee
2) Higher Education Appropriations Subcommittee 10 Y, 3 N, As CS Smith Smith
3) Education & Employment Committee 15 Y, 4 N, As CS Wolff Hassell
SUMMARY ANALYSIS
Intellectual freedom and viewpoint diversity are essential to the education of Florida’s college and university
students. Research shows that without support for the principles of intellectual freedom and viewpoint diversity
students at colleges and universities may self-censor or feel unable to express their opinions to faculty or their
classmates. Continuing Florida’s efforts to cultivate public postsecondary educational institution campuses with
a wide range of perspectives on diverse issues critical to the public discourse, the bill directs each state
university to establish an Office of Public Policy Events (OPPE). The bill requires that each OPPE organize,
publicize, and stage debates or group forums that address a range of public policy issues.
The U.S. Supreme Court has consistently struck down mandatory political loyalty oaths, particularly in the
education setting. 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
political loyalty tests in the institution’s hiring, admissions, or promotion processes. Public postsecondary
educational institutions are prohibited from requiring or soliciting a person to identify a commitment to or
support a partisan, political, or ideological set of beliefs or other specified ideologies or movements.
The bill updates the reporting deadline for the required Intellectual Freedom and Viewpoint Diversity survey
results from September 1 to December 31, annually, beginning December 31, 2024.
The fiscal impact of the bill can be absorbed within existing resources. See Fiscal Comments, infra.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Intellectual Freedom and Viewpoint Diversity Assessments
Present Situation
Intellectual Freedom and Viewpoint Diversity in Higher Education
In January 2015, the Committee on Freedom of Expression at the University of Chicago produced a
free speech policy statement (referred to as the “Chicago Statement”) that affirmed the centrality of
unfettered debate to the university’s mission.1 The statement provided in part:
[I]t is not the proper role of the University to attempt to shield individuals from ideas
and opinions they find unwelcome, disagreeable, or even deeply offensive.
Although the University greatly values civility, and although all members of the
University community share in the responsibility for maintaining a climate of mutual
respect, concerns about civility and mutual respect can never be used as a
justification for closing off discussion of ideas, however offensive or disagreeable
those ideas may be to some members of our community.
The Chicago Statement continues a tradition of institutions and organizations affirming the importance
of the free expression and sharing of ideas on college and university campuses. 2
The 2017 National Survey of Student Engagement revealed that most students surveyed (64 percent)
felt that postsecondary coursework generally respected the expression of diverse ideas, and that their
postsecondary institution generally demonstrated a commitment to diversity (71 percent). 3 This was
reflected when specific forms of diversity were considered, such as gender, religious affiliation, or
disability status. When political affiliation was considered, only half of students surveyed felt their
postsecondary institution was generally supportive of different political ideas. 4
The Campus Free Expression Act became Florida law in 2018. 5 Under the law, outdoor areas of
campus are considered traditional public forums for individuals, organizations, and guest speakers. A
public institution of higher education may create and enforce restrictions that are reasonable and
content-neutral on time, place, and manner of expression and that are narrowly tailored to a significant
institutional interest. Restrictions must be clear and published and must provide for ample alternative
means of expression.6 A public institution of higher education may not otherwise designate any area of
campus as a free-speech zone or create policies restricting expressive activities to a particular outdoor
area of campus.7 A person whose expressive rights are violated may bring an action against a public
institution of higher education in a court of competent jurisdiction to obtain declaratory and injunctive
relief, reasonable court costs, and attorney fees.8
1 University of Chicago, Report of the Committee on Free Expression (2015), available at
https://provost.uchicago.edu/sites/default/files/documents/reports/FOECommitteeReport.pdf.
2 See American Council on Education, Statement on Academic Rights and Responsibilities (June 23, 2005), available at
https://www.acenet.edu/Documents/Statement-on-Academic-Rights-and-Responsibilities-2005.pdf; American Association of
University Professors, 1940 Statement of Principles on Academic Freedom and Tenure (1940), available at
https://www.aaup.org/file/1940%20Statement.pdf.
3 National Survey of Student Engagement, 2017 Topical Module: Inclusiveness and Engagement with Cultural Diversity , available at
https://scholarworks.iu.edu/dspace/bitstream/handle/2022/23392/NSSE_2017_Annual_Results.pdf?sequence=1&isAllowed=y .
4 Id.
5 Section 6, ch. 2018-4, L.O.F.
6 Section 1004.097(3)(c), F.S.
7 Section 1004.097(3)(d), F.S.
8 Section 1004.097(4), F.S.
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 In April 2019, the chancellor of the State University System, all twelve state university presidents, and
the chair of the Florida College System (FCS) Council of Presidents signed resolutions affirming their
commitment to providing for free expression on campus. 9 FCS institutions and state universities further
acknowledge their responsibility to foster and protect faculty rights to intellectual freedom in their
collective bargaining agreements with faculty unions.10
In 2023, according to the Foundation for Individual Rights in Education (FIRE), only four out of the
eleven state universities in Florida that FIRE evaluated had policies that did not inhibit free
expression.11 A national survey revealed, in part, that:
 22 percent of students would have felt very uncomfortable publicly disagreeing with a professor
about a controversial topic;
 29 percent of students felt that the college administration did not make it clear that free speech
was protected on campus;
 60 percent of students felt they could not express their opinion on a subject because of how
students, a professor, or the administration would respond; and
 60 percent of students could recall at least one time during their college experience when they
did not share their perspective for fear of how others would respond. Students who identified as
conservative were more likely to report a prior self-censorship incident (72 percent for
conservative students, 55 percent for liberal students).12
In 2021, the Legislature passed legislation requiring an individual freedom and viewpoint diversity
survey to be administered by all FCS and State University System (SUS) institutions. The State Board
of Education (SBE) and the Board of Governors (BOG) were required to select or create an objective,
nonpartisan, and statistically valid survey to assess intellectual freedom and viewpoint diversity at FCS
and state universities institutions. The surveys were required to be designed to capture the extent to
which competing ideas and perspectives are presented on campus as well as the extent to which those
surveyed feel free to express their beliefs and viewpoints on campus and in the classroom. All FCS
institutions and state universities must conduct the survey annually and the SBE and the BOG must
compile and annually publish the survey results beginning September 1, 2022. 13 Both the SBE14 and
the BOG15 timely published the first required reports in the fall of 2022.
Effect of Proposed Changes
The bill updates the annual reporting requirements for the SBE and the BOG so that the survey results
must be reported by December 31 each year, beginning December 31, 2024.
9 Foundation for Individual Rights in Education, Spotlight of Speech Codes 2023, https://www.thefire.org/research-learn/spotlight-
speech-codes-2023 (last visited Apr. 15, 2023) [hereinafter Spotlight on Speech]; Executive Office of the Governor, Governor Ron
DeSantis Calls on State Colleges and Universities to Adopt Free Speech Resolution (Apr. 15, 2019),
https://www.flgov.com/2019/04/ 15/governor-ron-desantis-calls-on-state-colleges-and-universities-to-adopt-free-speech-resolution/.
10 See, e.g., Tallahassee Community College and United Faculty of Florida 202 0-2021 (Oct. 15, 2020), available at
https://blogs.tcc.fl.edu/labor-negotiations/wp-content/uploads/sites/13/2020/10/TCC-UFF_2020-21_FINA L.pdf; Collective
Bargaining Agreement: The Florida State University Board of Governors and the United Faculty of Florida General Faculty
Bargaining Unit 2019-2022 (Oct. 30, 2020), available at
https://hr.fsu.edu/sites/g/files/upcbnu2186/files/PDF/Publications/UFF_CBA_Updated_2021.pdf.
11 Spotlight on Speech, supra note 9. The four Florida universities with policies that were not found to inhibit free speech include the
University of Florida, Florida State University, the University of South Florida, and the University of North Florida. Florid a has
twelve public universities but FIRE has never rated Florida Polytechnic University.
12 College Pulse, et al., College Free Speech Rankings: What’s the Climate for Free Speech on
America’s College Campuses? (2020), at 2 and 53-59, https://reports.collegepulse.com/college-free-speech-rankings, (enter name and
e-mail in designated fields to download report) (last visited Apr. 15, 2023).
13 Section 1001.706(13), F.S.
14 Florida Department of Education, Division of Florida Colleges, Intellectual Freedom and Viewpoint Diversity 2022 Florida College
System Institutions, available at https://www.fldoe.org/core/fileparse.php/7724/urlt/FCS-IFVD.pdf.
15 Florida Board of Governors, Intellectual Freedom and Viewpoint Diversity 2022 Survey, available at https://www.flbog.edu/wp-
content/uploads/2022/08/SUS_IF-SURVEY_ REPORT_ DRAFT__2022-08-16.pdf.
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 The bill requires that each state university establish an Office of Public Policy Events (OPPE). The
purpose of the OPPE is to facilitate the advancement of knowledge through sponsorship of events
featuring open discussion and debate of contested public policy issues from diverse perspectives.
The bill defines “debate” as an event at which two or more participants speak in favor of opposing
approaches to the same public policy dispute, after which each participant is allotted time to address
and rebut the position presented by the opposing speakers and “group forum” as an event at which two
or more speakers address a public policy dispute from divergent or opposing perspectives, after which
each participant is allotted time to address questions from the audience and to comment on the other
speakers' positions.
Each OPPE must organize, publicize, and stage no less than four events during the academic year,
including debates or group forums that address, from multiple, divergent, and opposing perspectives,
an extensive range of public policy issues widely discussed and debated in society at large. At least
two such events must occur during the fall semester and at least two events must occur during the
spring semester. Such events must represent a wide range of views on opposing sides of public policy
issues from within and outside the campus community. As needed to ensure a broad set of
perspectives on any given topic, the OPPE is authorized to provide per diem and travel expenses to
speakers from outside the state university community.
Additionally, the OPPE must maintain a permanent, publicly accessible, searchable, and up-to-date
calendar in print, on the office's website, and on each state university's website listing all of the events
sponsored by the OPPE and all other debates, group forums, and events open to the entire campus
community at the state university that address public policy issues. Beginning September 1, 2024, and
annually thereafter, each OPPE must report to the BOG data reflecting prior academic year statistics
detailing the following:
 the number of debates and group forums;
 in chronological order, the calendars itemizing the title of each event, the name and institutional
affiliation of the speaker or speakers, and the office, institute, department, program, or
organization that sponsored the event;
 the number of enrolled students attending each event; and
 expenditure information relating to any per diem or reimbursement for travel expenses.
Finally, the OPPE must make publicly available, in an online format, a complete video record of every
debate or group forum organized by the OPPE. Such recordings must be made available within 10
days after the event and remain accessible on the OPPE’s website for five years. Additionally, the
recording must be maintained within the library of the state university where the event was held.
The bill authorizes the responsibilities of an OPPE office to be assigned to an existing administrative
office within a state university, with the approval of the university board of trustees and the BOG.
However, the state university must still appoint a director of public policy events responsible for fulfilling
the statutory duties of the OPPE. An OPPE office must report directly to the university’s office that is
responsible for compiling and reporting the Integrated Postsecondary Education Data System's
graduation rate survey or Office of General Counsel.
Events hosted by the OPPE must be open to all members of the campus community and to the general
public, unless restricting attendance to such event is necessary to achieve a compelling governmental
interest.
Political Loyalty Tests in Employment and Admissions
Present Situation
Background
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 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 an institution.16 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,
is better for the business.17
However, research indicates that DEI initiatives may have negative impacts that directly undermine the
reported goals of the programs.18 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.19 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.20 The mere presence of a DEI initiative within an organization can
undermine the very purpose the DEI initiative allegedly serves.
DEI in Medical School Admissions, Curriculum, and Hiring
Many of the nation’s top medical schools have begun to include DEI questions in their secondary
applications.21 A secondary application provides the medical school applicant the opportunity, through
essays or short narrative answers, to explain their interest in a program and how their life experiences
align with the school’s mission and values.22 Based on a review of medical school application essays,
72 percent of the top 50 medical schools and 80 percent of the top 10 medical schools include at least
one DEI question in their secondary applications.23 The Florida Atlantic University E. Schmidt College
of Medicine, for applicants in 2021-2022, posed the following prompt:24
As a community FAU Schmidt COM has made a commitment to be anti-racist and