Your Weekly Legislative Update

February 8, 2022
Week Four Session Summary
January 31 - February 4, 2022
Legislative Session 2022

In This Issue...

2022 Legislative Session Highlights 

✓ Chair Amber Mariano presented PEL1. The bill requires each Florida College System institution to post all tuition and fees on its website somewhere that is easily found, as well as in a public notice that includes an explanation of the tuition or fee increases. The bill requires this information also be emailed to all enrolled students.  If tuition and fees are being increased, then the FCS must email students how the tuition and fees which are the subject of the proposal are currently expended and why the tuition or fee increase is necessary.  

✓ The Chair’s recommendations in the Senate can be found here.  There is approximately $43M in new recurring base funding to the FCS System in the Senate budget.  The House has allotted $60M in recurring funding to the Florida College System, along with the proposed SOAR grant ($5.4M), the LINE grant ($19M), and the PIPELINE grant ($40M), among others. The proposal can be found here. 

✓ Chair Plasencia highlighted the following appropriation recommendations as it pertains to FCS: (1) $60 million increase for operations based on the tier-based funding model; (2) $15 million for Open Door Grant Program; (3) $40 million for Nursing Pipeline Performance-Based Incentives, which is described in the bill tracking chart; (4) $19 million for linking industry to Nursing Education (LINE) fund administered by the Department, which is described in the bill tracking chart; (5) $5.4 million for the SOAR initiative, which is a grant program to create a digital repository for resources and incentivize open educational resources this will be an expansion of resources at the Florida Postsecondary Library Network. 

 BILL SUMMARY/UPDATE

To review the Council of Presidents' Legislative Budget Request CLICK HERE.

Bills the AFC is tracking:

HB 573 / SB 896: Educator Certification Pathways for Veterans (Snyder and Killebrew and Burgess)

SB 896 by Senator Burgess is set for its second committee stop of February 1, 2022.  The bill modifies the persons eligible to seek certification to include active duty military members serving for at least 48 months with honorable discharge or medical separation, and who have achieved 60 college credits or more with a minimum of a 2.5 GPA by an accredited institution of higher education, or those non-accredited institutions identified by the Florida Department of Education. The Department of Education is empowered to issue temporary certificates to these individuals.  Any temporary certificates issued by the Department of Education for this group are valid for these individuals for 5 years. A disabled veteran meeting certain conditions who does not have 100% eligibility for GI benefits under federal law will receive a tuition waiver for the remainder owed to the SUS or FCS institution or career, career charter, or technical center.   Reporting on the number of waivers processed under this statute must be reported to either the FDOE or BOG. 

Both HB 573 and its Senate companion, SB 896, were heard in it second committee this week.

HB 985 / SB 974: Sovereign Immunity (Beltran)

SB 974 by Senator Gruters is set for its first committee hearing on January 31, 2022.  This bill amends Florida Statute 768.28 and increases the limit of sovereign immunity to $1M of all claims or judgments.  The current statute sets a limit of $200K for single occurrences, and $300K for multiple claims or judgments arising out of same incident or occurrence. The statute makes clear that the $1M limit is per person, not per claim or occurrence.  The bill also directs the Department of Financial Services to adjust the sovereign immunity limits by CPI beginning July 1, 2023.  HB 985 by Representative Beltran’s identical bill is set for its second hearing in the House on the same day.

Senate Bill 974 is being heard on Tuesday, February 8, 2022

HB 1407 / SB 1916: Hunger-Free Campus Grant Program

Representative Valdes to presented HB 1407 Hunger-Free Campus Grant Program.  The bill creates s. 1004.092 establishing the Hunger-Free Campus Grant Program within the Florida Department of Agriculture and Consumer Services (FDACS).   The bill requires the Commissioner of Agriculture to designate public postsecondary educational institution campuses meeting applicable eligibility requirements as Hunger-Free Campuses. The bill establishes eligibility requirements for postsecondary institutions, including: establishing a hunger task force; designating a staff member responsible for assisting students with enrollment in the Supplemental Nutrition Assistance Program (SNAP);  providing options for students to use SNAP benefits at campus stores, or providing students with information on where SNAP benefits may be used; providing at least one physical food pantry on campus or providing a similar option; developing a student meal credit donation program or designating a certain amount of funds for free food vouchers; and annually conducting a student survey on hunger and submitting the results to the FDACS.  The bill authorizes the Commissioner of Agriculture to award grants on a competitive basis to institutions with one or more Hunger-Free Campuses, subject to the appropriation of funds by the Legislature. The bill specifies prioritizing grants made to institutions with the highest percentages of eligible Pell Grant recipients. Additionally, the bill requires grant recipients to submit a report to FDACS describing how grant awards were used.  The bill requires the Commissioner of Agriculture to submit a report on the Hunger-Free Campus Grant Program to the Governor, President of the Senate, and Speaker of the House of Representatives by July 1, 2024. 

HB 1407 received a favorable vote from the Post-Secondary Education and Lifelong Learning Subcommittee, and SB 1916 was given a favorable vote by the agriculture committee.

HB 1507: Dementia-related Staff Training (Byrd)

Chancellor Criser presented on the implementation of HB 1507.  Chair Mariano introduced Chancellor Kathy Hebda, Florida College System and Vice Chancellor Tara Goodman, Division of Career, Technical and Adult Education for an update on the 10-year trend information for pre-licensure nursing education programs. Of note, Chancellor Hebda said The number of new student slots in District programs have remained stable over the past 10 years. FCS has had increases over time. CIE has increased significantly due to the entrance of new schools to the state.  The committee also heard from Mr. Bob Boyd, representing Independent Colleges and Universities of Florida (ICUF) for his presentation, which highlighted the contributions of ICUF institutions of the nursing supply in the state.

HB 1507 was voted favorable by the Finance and Facilities Subcommittee.

SB 722 / HB 1515: Education for Student Inmates (Perry and Clemons)

SB 722 amends Fla. Stat.  944.801 to allow the Department of Corrections to contract with a Florida College System institution to provide education services in the Correctional Education Program.  The bill amends Fla. Stat. 951.176 to allow a county to contract with a Florida College System institution to provide education for inmates at county detention facilities.  The bill amends 1011.80 to allow state funds to be used to operate postsecondary workforce programs for state or federal inmates with 24 months or less of time remaining on their sentences.

SB 722 is set for hearing on February 8, 2022. Its House companion, HB 1515, passed its first committee stop this week.

SB 520 / HB 703: Public Records and Public Meetings (Brandes)

Providing an exemption from public records requirements for any personal identifying information of an applicant for president of a state university or a Florida College System institution held by a state university or a Florida College System institution; providing an exemption from public meeting requirements for any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or a Florida College System institution, including any portion of a meeting which would disclose certain personal identifying information of such applicants; providing for future legislative review and repeal of the exemptions; providing a statement of public necessity, etc.

Senate Bill 520 has been placed on its third reading in the Senate.  If it passes, it will be sent in messages to the House for consideration. The companion bill in the house is on its final stop

FROM POLITICO….

Florida House targets college accreditation board in new proposal

TALLAHASSEE — Leaders in the Florida House introduced a higher education transparency package on Thursday that would lead to significant changes in how schools throughout the state are accredited by steering colleges and universities away from their current board.

The proposal comes after the accrediting body over Florida’s schools intervened in a recent university presidential search, triggering sharp criticism from Republican officials. The overarching intent of legislation, which would give students clarity over how their tuition and fee money is spent, scored bipartisan support during its introductory hearing, yet Democrats objected to the bill due to the suggested tweaks to the college accreditation process.

“This bill will allow our institutions to pursue accreditors that prioritize student outcomes as we do here in Florida,” said state Rep. Amber Mariano (R-Hudson), who chairs the House’s Post-Secondary Education & Lifelong Learning Subcommittee that brought forward the bill Thursday.

The legislation would prohibit state colleges and universities from being accredited by the same agency for consecutive cycles, pushing schools to seek out accreditation elsewhere from a new body and ushering in a massive change.

Currently, the Southern Association of Colleges and Schools Commission on Colleges, or SACS, is the presiding agency over all Florida schools and throughout the greater south. But federal guidelines recently shifted on accreditation boards under the Trump administration, allowing schools to pursue accreditation from groups regardless of geographical boundaries. Critics of that change say allowing institutions to seek accreditation anywhere essentially allows poor-quality schools to shop for friendly accreditors.

There are numerous accreditors now considering applications from schools outside their “historical territory,” including Middle States, WASC Senior College and University Commission, Northwest Commission on Colleges and Universities, and The Higher Learning Commission, according to a bill analysis.

Democrats on the House panel raised objections to the accreditation proposal, warning that an influx of new accreditors competing over Florida schools could lead to a “gaming of the system.”

“I would be open to voting to this under a structure that gave the Board of Governors and Board of Education some insight if there are some specific dynamics to justify doing that,” said state Rep. Ramon Alexander (D-Tallahassee). “But requiring it over allowing it — it’s a tough pill for me to swallow.”

Republicans backed the measure, claiming that it would spark innovation and growth among the state’s higher education system.

“I think it’s an opportunity for universities to improve and challenge themselves,” said state Rep. Alex Andrade (R-Pensacola).

Additionally, the legislation creates an avenue for colleges and universities to sue an accrediting board if they have been “negatively impacted by” or had “retaliatory action taken against” them. Should a school win a lawsuit against its accreditor, the college or university would be entitled to “liquidated damages up to the amount of federal financial aid” they receive on top of court costs and attorney fees.

This policy could be seen as a response to SACS stepping into a presidential search at Florida State University last May by flagging a possible conflict in state Education Commissioner Richard Corcoran applying for the top job.

Florida’s Board of Governors at the time said it was “completely unacceptable” for SACS to get involved in the search, a move that led to immediate backlash in Tallahassee and beyond at the time. BOG members suggested that Florida could take some sort of action against the SACS accreditation board but didn’t go as far as recommending a specific policy shift.

“We want to make sure we’re giving our intuitions all of the options on the table to be able to find the accreditor that is best suited for their institution,” Mariano said Thursday.

In response to the proposal, SACS President Belle Wheelan defended the accreditation agency, saying that it examined student outcomes “before anyone else did.” Wheelan chalked the bill up as a “misunderstanding” or a “lack of understanding” of how the accreditation process typically plays out for schools.

“I don’t know why they’re wanting to do this, other than they’re angry at the letter I wrote,” Wheelan said in an interview.

Aside from accreditation, the higher education package includes a host of new rules to ramp up transparency in college spending.

The bill would require colleges and universities to “prominently” list all tuition and fees, and proposed changes, on their websites in an “area that is transparent and easily accessible,” as well as email this information to all enrolled students.

Further, the legislation subjects any proposed fee increases sought by colleges or universities to a supermajority vote by trustee boards.

The House proposal will next be assigned for committee hearings. Similar legislation has yet to emerge in the Florida Senate.

Capitol Perceptions is compiled weekly during the Florida Legislative Session and distributed to AFC members.  

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