The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 958
INTRODUCER: Education Postsecondary Committee and Senator Perry
SUBJECT: Postsecondary Educational Institutions
DATE: April 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck HE Fav/CS
2. Gray Elwell AED Favorable
3. Jahnke Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 958 modifies provisions related to intellectual freedom and viewpoint diversity, the use of
political loyalty tests in hiring and admissions, and due process for students participating in
student governments. Specifically, the bill:
 Revises the date the State Board of Education and Board of Governors (BOG), respectively,
must annually compile and publish the Intellectual Freedom and Viewpoint Diversity survey
results.
 Requires the BOG to create a Committee on Public Policy Events and each state university to
establish an Office of Public Policy Events, to organize, publicize, and stage debates, group
forums, and lectures at each SUS institution that address, from multiple, divergent, and
opposing perspectives, an extensive range of public policy issues widely discussed and
debated in society at large.
 Prohibits the use of political loyalty tests in a state university’s hiring, admissions, or
promotion process.
 Extends due process protections to each university’s student body president that serves on the
Florida Student Association.
The fiscal impact of the bill can be absorbed within the existing resources of the BOG and SUS
institutions. See section V.
The bill is effective July 1, 2023.
BILL: CS/SB 958 Page 2
II. Present Situation:
The Present Situation is included in the Effect of Proposed Changes section of the analysis.
III. 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 the postsecondary institution generally demonstrated a commitment to diversity (71
percent). 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. 3
The Campus Free Expression Act became Florida law in 2018.4 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
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
Ch. 2018-4, s. 6, Laws of Fla.
BILL: CS/SB 958 Page 3
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. 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. 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.5
In April of 2019, the Chancellor of the State University System (SUS), 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.6 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.7
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.8 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 had 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).9
5
Section 1004.097, F.S.
6
Foundation for Individual Rights in Education, Spotlight of Speech Codes 2023, https://www.thefire.org/research-
learn/spotlight-speech-codes-2023 (last visited Mar. 24, 2023) [hereinafter Spotlight on Speech]; Executive Office of the
Governor, Governor Ron DeSantis Calls on State Colleges and Universities to Adopt Free Speech Resolution (April 15,
2019), https://www.flgov.com/2019/04/15/governor-ron-desantis-calls-on-state-colleges-and-universities-to-adopt-free-
speech-resolution/ (last visited April 3, 2023).
7
See, e.g., Tallahassee Community College and United Faculty of Florida, Tallahassee Community College and United
Faculty of Florida 2020-2021 (Oct. 15, 2020), available at https://blogs.tcc.fl.edu/labor-negotiations/wp-
content/uploads/sites/13/2020/10/TCC-UFF_2020-21_FINAL.pdf; Florida State University and United Faculty of Florida,
Collective Bargaining Agreement: The Florida State University Board of Governors and the United Faculty of Florida
General Faculty Bargaining Unit 2019-2022 (October 30, 2020), available at
https://hr.fsu.edu/sites/g/files/upcbnu2186/files/PDF/Publications/UFF_CBA_Updated_2021.pdf.
8
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. Florida has twelve public universities but FIRE has never rated Florida Polytechnic University.
9
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://marketplace.collegepulse.com/img/2020_college_free_speech_rankings.pdfs (last visited April 3, 2023).
BILL: CS/SB 958 Page 4
In 2021, the Legislature passed legislation requiring an individual freedom and viewpoint
diversity survey to be administered by all FCS and 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 Florida’s state universities and FCS 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, 2022.10
Board of Governors
The BOG operates, regulates, controls, and is fully responsible for the management of the whole
university system.11 For each constituent university, the BOG, or the board’s designee, is
responsible for cost-effective policy decisions appropriate to the university’s mission, the
implementation and maintenance of high-quality education programs within law, the
measurement of performance, the reporting of information, and the provision of input regarding
state policy, budgeting, and education standards.12
Effect of Proposed Changes
Intellectual Freedom and Viewpoint Diversity Assessment
The bill modifies ss. 1001.03 and 1001.706, F.S., to revise the date the SBE and the BOG,
respectively, must annually compile and publish each institution’s intellectual freedom and
viewpoint diversity assessment from September 1 to December 31, beginning on
December 31, 2024.
Offices of Public Policy Events within the State University System
The bill creates s. 1001.93, F.S., to establish the Offices of Public Policy Events (OPPE or
office) within the SUS. The bill requires the BOG to establish a Committee on Public Policy
Events and each state university to establish an OPPE. Each state university is required to
appoint a Director of Public Policy Events who is responsible for the duties and reporting
responsibilities of the office.
The bill defines “debate” as an event at which two or more participants speak in favor or
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. Additionally, the bill
defines a “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 state university’s OPPE is required, at a minimum, to organize, publicize, and stage
debates, group forums, and individual lectures at the state university that address, from multiple,
10
Section 1001.706(13), F.S.
11 Fla. Const. Art. IX, s. 7.
12
Section 1001.706(1), F.S.
BILL: CS/SB 958 Page 5
divergent, and opposing perspectives, an extensive range of public policy issues widely
discussed and debated in society at large. The bill requires the state university to hold no less
than four events each academic year, with at least two events occurring in the fall semester and at
least two events occurring in the spring semester.
The bill specifies that the debates, group forums, and lectures must include speakers who
represent widely held views on opposing sides of the most widely discussed public policy issues
of the day and who hold a wide diversity of perspectives from within and outside of the state
university community.
The bill specifies that if the OPPE is unable to readily find an advocate from within the state
university community who is well-versed in a perspective, the office is required to invite a
speaker who is able to represent such perspective. For those speakers from outside of the state
university community, the OPPE must provide per diem and travel expenses.
The bill requires the OPPE to maintain a permanent, publicly accessible, searchable, and up-to-
date calendar in print, on the office’s website, and on the state university’s website listing all of
the events sponsored by the office and all other debates, group forums, and individual lectures
open to the entire campus community at the state university that address public policy issues.
The calendar must be kept in the library system of the university, itemize the title of the event or
lecture, the name and institutional affiliation of all speakers, and the office, institute, department,
program, or organization that sponsored the event, excluding those events sponsored by off-
campus groups in rented state university facilities.
Beginning September 1, 2024, and annually thereafter, the OPPE is responsible for providing a
report to the BOG Committee on Public Policy and Events detailing the following prior year
academic statistics:
 The number of debates, group forums, and individual lectures.
 In chronological order, the itemized calendars.
 The number of enrolled students attending the event.
 Expenditure information relating to any per diem or reimbursement for travel expenses.
The OPPE is required to make publicly available, in an online format, a complete video record of
every debate, group forum, and individual lecture organized by the office. Such video recordings
must be made available on the office’s website within 10 days after the event and remain
accessible on the office’s website for five years. Additionally, the video recordings must be
permanently preserved, and made available to the public, through the library of the state
university where the event was held.
The bill authorizes the duties of the OPPE to be assigned to an existing administrative office
within the state university, upon the approval of the BOG and board of trustees of the state
university. Each OPPE is required to report directly to either the state university’s office that is
responsible for compiling and reporting the Integrated Postsecondary Education Data System's
graduation rate survey or the Office of General Counsel.
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Finally, the bill requires each event or lecture organized by the OPPE to be open to all students,
faculty, and staff of the state university, and must unless restricting attendance to such an event is
necessary to achieve a compelling governmental interest, be open to the general public.
Political Loyalty Tests in Hiring and Admissions
Present Situation
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. 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.13
However, research indicates that DEI initiatives may have negative impacts that directly
undermine the reported goals of the programs. The presence of DEI initiatives c