Text of FL H 999 (2023)
Postsecondary Educational Institutions
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As introduced
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HB 999
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A bill to be entitled
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An act relating to public postsecondary educational
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institutions; amending s. 1001.706, F.S.; requiring
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the Board of Governors to periodically review
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specified information relating to state universities
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and provide certain direction to such universities;
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revising the contents of the Board of Governor's
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strategic plan; authorizing state universities to
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initiate post-tenure reviews at any time for cause;
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amending s. 1001.7065, F.S.; revising the academic and
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research excellence standards for preeminent state
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research universities; creating s. 1001.725, F.S.;
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providing requirements for hiring state university
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faculty; authorizing state university boards of
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trustees to review the tenure status of faculty
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members; requiring such boards to confirm the
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selection and reappointment of specified personnel;
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providing requirements for certain employment
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contracts and responsibilities; requiring state
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university presidents to annually present specified
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information to such boards; amending s. 1004.06, F.S.;
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providing that certain entities may not expend funds
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for certain purposes relating to activities that
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violate a specified law; providing exceptions;
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amending s. 1004.6496, F.S.; conforming a provision to
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changes made by the act; amending s. 1004.6499, F.S.;
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renaming the "Florida Institute of Politics" as the
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"Florida Institute for Governance and Civics";
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revising the goals of the institute; amending s.
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1004.64991, F.S.; authorizing the Adam Smith Center
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for the Study of Economic Freedom within Florida
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International University to take specified actions;
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amending s. 1007.25, F.S.; revising the duties and
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responsibilities of specified faculty committees
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relating to general education core courses; deleting a
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provision authorizing certain course maximums to be
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exceeded; revising requirements for general education
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core courses; requiring public postsecondary
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educational institutions to offer and accept certain
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credits for certain general education core courses;
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creating s. 1007.55, F.S.; providing legislative
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findings; requiring the Articulation Coordinating
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Committee to submit certain courses to the State Board
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of Education and the Board of Governors; providing
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requirements for general education courses; providing
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requirements for public postsecondary educational
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institutions and their presidents and boards of
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trustees relating to general education courses;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (a) through (d) of subsection (5)
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and paragraph (b) of subsection (6) of section 1001.706, Florida
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Statutes, are amended to read:
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1001.706 Powers and duties of the Board of Governors.—
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(5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
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(a) The Legislature intends that the Board of Governors
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shall align the missions of each constituent university with the
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academic success of its students; the education for citizenship
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of the constitutional republic; the state's existing and
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emerging workforce needs; the national reputation of its faculty
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and its academic and research programs; the quantity of
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externally generated research, patents, and licenses; and the
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strategic and accountability plans required in paragraphs (b)
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and (c). The board shall periodically review the mission of each
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constituent university and provide updates or revisions to such
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mission as needed; examine existing academic programs at each
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constituent university for alignment with the university's
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mission; and provide direction to each constituent university on
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removing from its programs any major or minor in Critical Race
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Theory, Gender Studies, or Intersectionality, or any derivative
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major or minor of these belief systems, which is any major or
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minor that engenders beliefs in the concepts defined in s.
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1000.05(4)(a). The mission alignment and strategic plan shall
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consider peer institutions at the constituent universities. The
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mission alignment and strategic plan shall acknowledge that
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universities that have a national and international impact have
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the greatest capacity to promote the state's economic
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development through: new discoveries, patents, licenses, and
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technologies that generate state businesses of global
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importance; research achievements through external grants and
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contracts that are comparable to nationally recognized and
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ranked universities; the creation of a resource rich academic
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environment that attracts high-technology business and venture
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capital to the state; and this generation's finest minds
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focusing on solving the state's economic, social, environmental,
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and legal problems in the areas of life sciences, water,
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sustainability, energy, and health care. A nationally recognized
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and ranked university that has a global perspective and impact
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shall be afforded the opportunity to enable and protect the
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university's competitiveness on the global stage in fair
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competition with other institutions of other states in the
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highest Carnegie Classification.
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(b) The Board of Governors shall develop a strategic plan
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specifying goals and objectives for the State University System
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and each constituent university, including each university's
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contribution to overall system goals and objectives. The
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strategic plan must:
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1. Include performance metrics and standards common for
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all institutions and metrics and standards unique to
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institutions depending on institutional core missions,
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including, but not limited to, student admission requirements,
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the education for citizenship of the constitutional republic,
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retention, graduation, percentage of graduates who have attained
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employment, percentage of graduates enrolled in continued
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education, licensure passage, industry certification attainment
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as specified in s. 445.004(4)(h), average wages of employed
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graduates, average cost per graduate, excess hours, student loan
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burden and default rates, faculty awards, total annual research
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expenditures, patents, licenses and royalties, intellectual
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property, startup companies, annual giving, endowments, and
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well-known, highly respected national rankings for institutional
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and program achievements.
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2. Consider reports and recommendations of the Florida
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Talent Development Council under s. 1004.015 and the
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Articulation Coordinating Committee under s. 1007.01.
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3. Include student enrollment and performance data
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delineated by method of instruction, including, but not limited
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to, traditional, online, and distance learning instruction.
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4. Include criteria for designating baccalaureate degree
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and master's degree programs at specified universities as high-
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demand programs of emphasis. The programs of emphasis list
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adopted by the Board of Governors before July 1, 2021, shall be
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used for the 2021-2022 academic year. Beginning in the 2022-2023
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academic year, the Board of Governors shall adopt the criteria
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to determine value for and prioritization of degree credentials
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and degree programs established by the Credentials Review
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Committee under s. 445.004 for designating high-demand programs
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of emphasis. The Board of Governors must review designated
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programs of emphasis, at a minimum, every 3 years to ensure
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alignment with the prioritization of degree credentials and
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degree programs identified by the Credentials Review Committee.
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5. Include criteria for designating the prioritization of
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nondegree credentials as specified in s. 445.004(4)(h).
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(c) The Board of Governors shall develop an accountability
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plan for the State University System and each constituent
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university. The accountability plan must address institutional
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and system achievement of goals and objectives specified in the
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strategic plan adopted pursuant to paragraph (b) and must be
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submitted as part of its legislative budget request. Each
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university shall submit, as a component of the university's
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annual accountability plan:,
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1. Information on the effectiveness of its plan for
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improving 4-year graduation rates. and
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2. Information on the level of financial assistance
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provided to students pursuant to paragraph (h).
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3. Documentation of its efforts to promote the education
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for citizenship of the constitutional republic and the
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cultivation of the intellectual autonomy of its undergraduate
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students.
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(d) Beginning in the 2014-2015 academic year and annually
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thereafter, The Board of Governors shall annually require a
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state university before prior to registration to provide each
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enrolled student electronic access to the economic security
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report of employment and earning outcomes prepared by the
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Department of Economic Opportunity pursuant to s. 445.07. In
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addition, the Board of Governors shall require a state
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university to provide each student electronic access to the
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following information each year before prior to registration
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using the data described in s. 1008.39:
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1. The top 25 percent of degrees reported by the
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university in terms of highest full-time job placement and
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highest average annualized earnings in the year after earning
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the degree.
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2. The bottom 10 percent of degrees reported by the
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university in terms of lowest full-time job placement and lowest
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average annualized earnings in the year after earning the
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degree.
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(6) POWERS AND DUTIES RELATING TO PERSONNEL.—
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(b) The Board of Governors may adopt a regulation
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requiring each tenured state university faculty member to
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undergo a comprehensive post-tenure review every 5 years. Each
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constituent university may initiate a post-tenure review of a
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faculty member at any time with cause. The board may include
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other considerations in the regulation, but the regulation must
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address:
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1. Accomplishments and productivity;
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2. Assigned duties in research, teaching, and service;
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3. Performance metrics, evaluations, and ratings; and
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4. Recognition and compensation considerations, as well as
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improvement plans and consequences for underperformance.
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Section 2. Subsections (3) and (4) of section 1001.7065,
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Florida Statutes, are amended, and paragraph (m) is added to
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subsection (2) of that section, to read:
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1001.7065 Preeminent state research universities program.—
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(2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
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following academic and research excellence standards are
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established for the preeminent state research universities
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program and shall be reported annually in the Board of Governors
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Accountability Plan:
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(m) Total annual research expenditures of $50 million or
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more benefiting STEM-related occupations, businesses, or
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industry partners located in the state and currently employing
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or seeking to employ Florida residents.
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(3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
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(a) The Board of Governors shall designate each state
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university that annually meets at least 12 11 of the 13 12
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academic and research excellence standards identified in
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subsection (2) as a "preeminent state research university."
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(b) The Board of Governors shall designate each state
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university that annually meets at least 7 6 of the 13 12
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academic and research excellence standards identified in
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subsection (2) as an "emerging preeminent state research
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university."
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(4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
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ONLINE LEARNING.—A state research university that, as of July 1,
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2013, meets all 13 12 of the academic and research excellence
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standards identified in subsection (2), as verified by the Board
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of Governors, shall establish an institute for online learning.
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The institute shall establish a robust offering of high-quality,
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fully online baccalaureate degree programs at an affordable cost
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in accordance with this subsection.
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(a) Beginning in January 2014, The university shall offer
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high-quality, fully online baccalaureate degree programs that:
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1. Accept full-time, first-time-in-college students.
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2. Have the same rigorous admissions criteria as
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equivalent on-campus degree programs.
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3. Offer curriculum of equivalent rigor to on-campus
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degree programs.
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4. Offer rolling enrollment or multiple opportunities for
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enrollment throughout the year.
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5. Do not require any on-campus courses. However, for
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courses or programs that require clinical training or
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laboratories that cannot be delivered online, the university
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shall offer convenient locational options to the student, which
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may include, but are not limited to, the option to complete such
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requirements at a summer-in-residence on the university campus.
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The university may provide a network of sites at convenient
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locations and contract with commercial testing centers or
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identify other secure testing services for the purpose of
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proctoring assessments or testing.
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6. Apply the university's existing policy for accepting
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credits for both freshman applicants and transfer applicants.
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(b) The university may offer a fully online Master's in
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Business Administration degree program and other master's degree
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programs.
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(c) The university may develop and offer degree programs
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and courses that are competency based as appropriate for the
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quality and success of the program.
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(d) The university shall periodically expand its offering
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of online baccalaureate degree programs to meet student and
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market demands.
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(e) The university shall establish a tuition structure for
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its online institute in accordance with this paragraph,
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notwithstanding any other provision of law.
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1. For students classified as residents for tuition
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purposes, tuition for an online baccalaureate degree program
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shall be set at no more than 75 percent of the tuition rate as
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specified in the General Appropriations Act pursuant to s.
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1009.24(4) and 75 percent of the tuition differential pursuant
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to s. 1009.24(16). No distance learning fee, fee for campus
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facilities, or fee for on-campus services may be assessed,
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except that online students shall pay the university's
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technology fee, financial aid fee, and Capital Improvement Trust
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Fund fee. The revenues generated from the Capital Improvement
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Trust Fund fee shall be dedicated to the university's institute
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for online learning.
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2. For students classified as nonresidents for tuition
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purposes, tuition may be set at market rates in accordance with
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the business plan.
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3. Tuition for an online degree program shall include all
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costs associated with instruction, materials, and enrollment,
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excluding costs associated with the provision of textbooks and
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instructional materials pursuant to s. 1004.085 and physical
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laboratory supplies.
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4. Subject to the limitations in subparagraph 1., tuition
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may be differentiated by degree program as appropriate to the
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instructional and other costs of the program in accordance with
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the business plan. Pricing must incorporate innovative
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approaches that incentivize persistence and completion,
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including, but not limited to, a fee for assessment, a bundled
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or all-inclusive rate, and sliding scale features.
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5. The university must accept advance payment contracts
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and student financial aid.
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6. Fifty percent of the net revenues generated from the
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online institute of the university shall be used to enhance and
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enrich the online institute offerings, and 50 percent of the net
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revenues generated from the online institute shall be used to
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enhance and enrich the university's campus state-of-the-art
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research programs and facilities.
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7. The institute may charge additional local user fees
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pursuant to s. 1009.24(14) upon the approval of the Board of
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Governors.
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8. The institute shall submit a proposal to the president
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of the university authorizing additional user fees for the
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provision of voluntary student participation in activities and
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additional student services.
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Section 3. Section 1001.725, Florida Statutes, is created
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to read:
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1001.725 State university boards of trustees; personnel.—
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(1) Each state university board of trustees is responsible
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for hiring faculty for the university. The president of the
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university may provide hiring recommendations to the board. The
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president and the board are not required to consider
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recommendations or opinions of faculty of the university or
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other individuals or groups.
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(a) The board of trustees may delegate its hiring
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authority to the president; however, the president may not
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delegate such hiring authority and the board must approve or
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deny any selection by the president.
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(b) A state university is prohibited from using diversity,
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equity, and inclusion statements, Critical Race Theory rhetoric,
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or other forms of political identity filters as part of the
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hiring process, including as part of applications for
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employment, promotion and tenure, conditions of employment, or
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reviewing qualifications for employment. This paragraph applies
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to the hiring process for any position at the university,
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including the position of president of the university.
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(2) Each state university board of trustees may, at the
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request of its chair, review any faculty member's tenure status.
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(3) Each state university board of trustees must confirm
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its president's selection and reappointment of each member of
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the university's executive management team, and his or her
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respective contract and annual salary, in accordance with the
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university's personnel program established by the Board of
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Governors. Contracts and responsibilities of the president and
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executive management team members, including, but not limited
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to, the provost, must explicitly delineate that the
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responsibilities of such positions, other than the president,
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are limited to administrative oversight and operational
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supervision of curricular, instructional, and research affairs,
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as applicable to the position.
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(4) Each state university president shall annually present
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to the state university board of trustees for review the results
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of performance evaluations and associated salaries for all
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evaluated personnel earning an annual salary of $100,000 or
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more, regardless of the funding source for such salaries.
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Section 4. Section 1004.06, Florida Statutes, is amended
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to read:
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1004.06 Prohibited expenditures.—
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(1) Notwithstanding any other law to the contrary, a No
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Florida College System institution, state university, Florida
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College System institution direct-support organization, or state
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university direct-support organization may not, directly or
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through a contract, grant, or agreement that provides services,
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shall expend any funds, regardless of source, to:
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(a) Purchase membership in, or goods and services from,
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any organization that discriminates on the basis of race,
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national origin, gender, or religion.
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(b) Promote, support, or maintain any programs or campus
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activities that violate s. 1000.05(4)(a) or that espouse
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diversity, equity, and inclusion or Critical Race Theory
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rhetoric.
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(2) Programs required for compliance with federal
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regulations, or access programs for military veterans, Pell
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Grant recipients, first generation college students,
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nontraditional students, "2+2" transfer students from the
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Florida College System, students from low-income families, or
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students with unique abilities are not prohibited by this
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section.
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Section 5. Paragraph (e) of subsection (2) of section
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1004.6496, Florida Statutes, is amended to read:
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1004.6496 Hamilton Center for Classical and Civic
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Education.—
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(2) The goals of the center are to:
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(e) Coordinate with the Florida Institute for Governance
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and Civics of Politics created pursuant to s. 1004.6499 and the
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Adam Smith Center for the Study of Economic Freedom created
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pursuant to s. 1004.64991 and assist in the curation and
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implementation of Portraits in Patriotism created pursuant to s.
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1003.44.
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Section 6. Section 1004.6499, Florida Statutes, is amended
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to read:
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1004.6499 Florida Institute for Governance and Civics of
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Politics.—
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(1) The Florida Institute for Governance and Civics of
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Politics is established at the Florida State University within
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the College of Social Sciences and Public Policy. The purpose of
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the institute is to provide the southeastern region of the
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United States with a world class, bipartisan, nationally
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renowned institute of politics.
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(2) The goals of the institute are to:
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(a) Provide students with access to an interdisciplinary
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hub that will develop academically rigorous scholarship and
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coursework on the origins of the American system of government,
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its foundational documents, its subsequent political traditions
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and evolutions, and its impact on comparative political systems
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Motivate students throughout the Florida State University to
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become aware of the significance of government and civic
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engagement at all levels and politics in general.
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(b) Encourage civic literacy in the state through the
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development of educational tools and resources for K-12 and
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postsecondary students that foster an understanding of how
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individual rights, constitutionalism, separation of powers, and
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federalism function within the American system of government
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Provide students with an opportunity to be politically active
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and civically engaged.
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(c) Model civic discourse that recognizes the importance
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of viewpoint diversity, intellectual rigor, and an evidence-
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based approach to history Nurture a greater awareness of and
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passion for public service and politics.
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(d) Plan and host forums to allow students and guests to
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hear from exceptional individuals who have excelled in a wide
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range of sectors of American life to highlight the possibilities
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created by individual achievement and entrepreneurial vision and
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interact with experts from government, politics, policy, and
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journalism on a frequent basis.
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(e) Become a national and state resource on polling
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instruments and other assessments to measure civic literacy and
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make recommendations for improving civic education information
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and survey methodology.
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(f) Provide fellowships and internship opportunities to
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students in government, nonprofit organizations, and community
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organizations.
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(g) Create through scholarship, original research,
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publications, symposia, testimonials, and other means a body of
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resources that can be accessed by students, scholars, and
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government officials to understand the innovations in public
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policy in the state over a rolling 30-year time period Provide
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training sessions for newly elected state and local public
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officials.
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(h) Organize and sponsor conferences, symposia, and
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workshops throughout this state to educate and inform citizens,
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elected officials, and appointed policymakers regarding
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effective policymaking techniques and processes.
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(i) Create and promote research and awareness regarding
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politics, citizen involvement, and public service.
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(j) Collaborate with related policy institutes and
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research activities at the Florida State University and other
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institutions of higher education to motivate, increase, and
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sustain citizen involvement in public affairs.
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Section 7. Subsection (3) is added to section 1004.64991,
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Florida Statutes, to read:
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1004.64991 The Adam Smith Center for the Study of Economic
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Freedom.—
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(3) In order to carry out the goals outlined in subsection
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(2), the center is authorized to:
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(a) Hire the necessary faculty and staff.
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(b) Enroll students.
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(c) Develop curriculum and offer new courses, including
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honors courses, certificates, and major and minor programs.
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(d) Award degrees.
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(e) Hold events, including fundraisers.
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(f) Fulfill other actions approved by the president of the
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university.
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(g) Generate resources based on student credit hour
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enrollment in the same manner as a college within the
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university.
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Section 8. Subsection (3) of section 1007.25, Florida
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Statutes, is amended to read:
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1007.25 General education courses; common prerequisites;
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other degree requirements.—
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(3) The chair of the State Board of Education and the
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chair of the Board of Governors, or their designees, shall
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jointly appoint faculty committees to review and recommend to
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the Articulation Coordinating Committee for approval by the
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Commissioner of Education and the Chancellor of the State
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University System identify statewide general education core
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course options for inclusion in the statewide course numbering
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system established in s. 1007.24. Faculty committees shall, by
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July 1, 2024, and by July 1 every 3 years thereafter, review and
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submit recommendations to the Articulation Coordinating
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Committee, the commissioner, and the Chancellor of the State
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University System for the removal, alignment, realignment, or
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addition of general education core courses that satisfy the
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requirements of this subsection.
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(a) General education core course options shall consist of
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a maximum of five courses within each of the subject areas of
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communication, mathematics, social sciences, humanities, and
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natural sciences. The core courses may be revised, or the five-
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course maximum within each subject area may be exceeded, if
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approved by the State Board of Education and the Board of
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Governors, as recommended by the subject area faculty committee
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and approved by the Articulation Coordinating Committee as
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necessary for a subject area.
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(b) Each general education core course option must contain
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high-level academic and critical thinking skills and common
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competencies that students must demonstrate to successfully
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complete the course.
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(c) General education core courses may not suppress or
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distort significant historical events or include a curriculum
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that teaches identity politics, such as Critical Race Theory, or
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defines American history as contrary to the creation of a new
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nation based on universal principles stated in the Declaration
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of Independence.
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(d) General education core courses must meet the following
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standards:
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1. Communication courses must afford students the ability
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to communicate effectively, including the ability to write
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clearly and engage in public speaking, through engagement with
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the Western literary tradition.
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2. Humanities courses must afford students the ability to
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think critically through the mastering of subjects concerned
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with human culture, especially literature, history, art, music,
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and philosophy.
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3. Social science courses must afford students an
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understanding of the basic social and behavioral science
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concepts and principles used in the analysis of behavior and
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social, political, and economic issues, including issues from
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the past and present.
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4. Natural science courses must afford students the
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ability to critically examine and evaluate the principles of the
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scientific method, model construction, and use the scientific
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method to explain natural experiences and phenomena.
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5. Mathematics courses must afford students a mastery of
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foundational mathematical and computation models and methods by
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applying such models and methods in problem solving.
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(e) Beginning with students initially entering a Florida
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College System institution or state university in 2015-2016 and
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thereafter, each student must complete at least one identified
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core course in each subject area as part of the general
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education course requirements. Beginning in the 2022-2023
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academic year and thereafter, students entering a technical
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degree education program as defined in s. 1004.02(13) must
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complete at least one identified core course in each subject
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area as part of the general education course requirements before
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a degree is awarded.
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(f) All public postsecondary educational institutions
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shall offer at least one general education core course in each
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of the identified subject areas and accept these courses as
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meeting general education core course requirements upon the
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transfer of credit for such course regardless of whether the
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receiving institution offers the identical general education
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core course. The remaining general education course requirements
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shall be identified by each institution as approved in
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accordance with s. 1007.55 and listed in the and reported to the
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department by their statewide course numbering system number.
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(g) The general education core course options shall be
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adopted in rule by the State Board of Education and in
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regulation by the Board of Governors.
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Section 9. Section 1007.55, Florida Statutes, is created
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to read:
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1007.55 General education course principles, standards,
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and content.—
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(1) The Legislature finds it necessary that every
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undergraduate student of a public postsecondary educational
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institution in the state graduates as an informed citizen
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through participation in rigorous general education courses that
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promote the values necessary to preserve the constitutional
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republic through traditional, historically accurate, and high-
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quality coursework. Courses with a curriculum based on unproven,
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theoretical, or exploratory content are best suited to fulfill
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elective or specific program prerequisite credit requirements,
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rather than general education credit requirements.
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(2) In performing its duties under ss. 1007.24 and
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1007.25, by December 1, 2024, and each December 1 thereafter,
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the Articulation Coordinating Committee shall submit to the
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State of Board of Education and the Board of Governors courses
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that have been approved to be used by public postsecondary
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educational institutions as meeting general education
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requirements.
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(3) General education courses must:
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(a) Be in the general education core subject areas and
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meet the course standards as provided in s. 1007.25.
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(b) Be offered by at least half of all public
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postsecondary educational institutions.
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(c) Be identified as lower level in the statewide course
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numbering system.
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(d) Whenever applicable, promote the philosophical
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underpinnings of Western civilization and include studies of
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this nation's historical documents, including the United States
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Constitution, the Bill of Rights and subsequent amendments
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thereto, and the Federalist Papers.
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(4) If a course is approved as a general education course,
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that course must be accepted as a general education course in
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the same subject area by all public postsecondary educational
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institutions regardless of whether it is offered by the
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institution.
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(5) Each public postsecondary educational institution's
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board of trustees and president are responsible for annually
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reviewing and approving, at a public meeting, general education
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course requirements, as authorized and approved in accordance
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with s. 1007.24, s. 1007.25, and this section, at their
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institution. A public postsecondary educational institution that
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fails to comply with the requirements of this section is not
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eligible to receive performance-based funding.
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(6) Each public postsecondary educational institution must
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report courses meeting general education requirements to the
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department by their statewide course number.
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Section 10. This act shall take effect July 1, 2023.
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