Your Weekly Legislative Update

March 1st, 2022
Week Seven Session Summary
February 21 - February 25, 2022
Legislative Session 2022

In This Issue...

1. BILL SUMMARY UPDATE
2. FROM POLITICO

Published weekly during the legislative session, Capitol Perceptions provides updates on current legislative issues and their progress throughout the session. We welcome you to track our progress weekly in Capitol Perceptions. Feel free to share it with a college friend who is not an AFC member. The online AFC Advocacy Toolkit is filling up with valuable and informative resources for you including a link to each week’s most recent 2022 AFC/FCS Bill Tracking Matrix

 BILL SUMMARY/UPDATE

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

Bills the AFC is tracking:

HB 7051: Postsecondary Education

House Bill 7051 was temporarily postponed. This was the bill that contained a required change to our accrediting body after an interim review or reaffirmation, whichever was sooner.  

By way of background, the bill creates Florida Statute 1008.47 which prohibits an FCS institution from being accredited by the same accrediting agencies or associations for consecutive accreditation cycles. It also provides a cause of action for any postsecondary education institution that is negatively impacted by a retaliatory action by its accrediting agency or association. This statute expires on December 31, 2032.  Second, it requires additional information about textbooks and instructional materials that Florida College System (FCS) institutions and state universities must post at least 45 days before the first day of class for each term. Third, it revises the maintenance requirements and course information that must be included in the statewide course numbering system (SCNS). State Board of Education must adopt rules governing the SCNS procedures, collection of course information, publication of course information, and faculty discipline committee reviews. Fourth, it requires certain postsecondary education institutions receiving general education course credit in transfer to apply the credit to general education core course requirements and other general education requirements before applying as elective credit. Fifth, it establishes transparency requirements for FCS institutions and state universities to prominently post and email to enrolled students all tuition and fees. Sixth, it requires a supermajority vote by a Board of Trustees to increase tuition or fees.  In the Senate, the bill passed its final committee stop, the Appropriations committee, on Thursday, February 23. There was much discussion of this bill, and a recording of Senate Appropriations meeting can be found here.


SB 974: Sovereign Immunity

The Senate Rules committee passed SB 974 (“Sovereign Immunity”) with amendments.  This bill amends Florida Statute 768.28 and increases the limit of sovereign immunity.  Under a previous version of the bill, it would have increased those limits to $1M per person and $3M per incident for the SUS and FCS, among others.  Now the bill has been amended to keep the $200K per person limit and $300K per-incident limit for the SUS and FCS.  The bill however still directs the Department of Financial Services to adjust the sovereign immunity limits by CPI beginning July 1, 2023.  The bill provides that there is no statute of limitations or statute of repose on a civil action against the state or a local government where the plaintiff was younger than 16 years of age at the time of the injury and the injury involved a violation of the sexual battery statute. This portion of the bill applies to those claims that would not have been time-barred on or before July 1, 2010. The companion bill, House Bill 985, was not considered by the Judiciary committee, it had one last chance for consideration Monday, February 28. Bills can be heard on one day’s notice at this point during Legislative Session. 


HB 609: Florida Institute for Charter School Innovation

The committee also considered and passed Representative Borerro’s HB 609 (Florida Institute for Charter School Innovation).  The bill creates the Florida Institute for Charter School Innovation at Miami Dade College (MDC). The bill requires the MDC Board of Trustees to establish policies for the supervision, administration, and governance of the institute.   The duties of the institute are to (1) create a state resource of best practices for charter school applications and application review; (2) provide training, technical assistance, and support to charter school sponsors on the review of charter applications and renewals; (3) conduct applied research on policy and practices related to charter schools; conduct or compile research on the status of educational choice, charter authorizing, and charter school performance in Florida and other topics related to charter schools;  (4) collaborate with the Department of Education in developing the sponsor evaluation framework; (5) disseminate information regarding research-based charter school teaching practices to educators in Florida; and (6) host research workshops and conferences that allow charter school sponsors, operators, students, and parents to engage in topics related to charter schools.  


SB 2524: Education

This bill makes changes regarding dual enrollment. This bill also amends Florida Statute 1007.271 to specify that instructional materials for use in dual enrollment courses must be made available to all participating students free of charge, rather than only to public school students. FCS institutions may seek reimbursement for these costs through the Dual Enrollment Scholarship program.  The bill also requires the articulation agreement between a public postsecondary institution and a private school to specify the conditions for private school payments for dual enrollment courses. The agreement must specify payment for dual enrollment courses taken during scheduled school hours, and that a private school is not required to pay the costs associated with dual enrollment courses taken outside of the scheduled school day, or during the summer term.


HB 7: Individual Freedom (Education & Employment Committee and Avila)

This bill amends Florida Statute 760.10 ("Unlawful Employment Practices") to add section (8). The bill specifies that subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the list of concepts included in the statute, which will constitute discrimination based on race, color, sex, or national origin. The statute does not limit the discussion of these topics, but instead the endorsement of the topics by the employing entity. The bill also modifies Florida Statute 1005.05 (“Discrimination Against Students and Employees in the Florida K-20 Public Education System prohibited; Equality Access Required”). The bill states that subjecting a student or employee to training or instruction on the topics listed in the statute will constitute unlawful discrimination. The statute does not limit the discussion of these topics, but instead the endorsement of the topics by the entity.

During week 7 of Legislative Session and of note for the Florida College System, on February 23, House Bill 7 passed the House, which has been referred to the Senate Rules committee and will be heard on Tuesday, March 1.


FROM POLITICO….

House, Senate agree to spend $42B in state funds for 2022-23 budget

By MATT DIXON| 02/28/2022 06:32 PM EST

TALLAHASSEE, Fla. — The House and Senate have agreed to spend $42.4 billion in state funds when writing next year’s state budget, an agreement that signals the official start of final budget talks.

Details: The largest chunk of the agreed upon “budget allocations” is $14.4 billion for the state health care budget, which is $600 million more than the House and $400 million more than the Senate had originally proposed.

By far the second biggest spending silo is $13.5 billion for K-12 education, then $5 billion for higher education.

The amount agreed to by budget-writers is the state chunk of funding to be included in the 2022-23 budget, which will also include billions of dollars in federal money.

The release of the allocations, or the amount that each policy silo will be funded at, marks the first wave of needed agreement between the House and Senate.

The House and Senate also announced budget negotiators that would handle final talks for each policy area. See the full House list here, and the Senate list here.

What’s next? No conference meetings have yet been called, but they must come with one hour advance notice, and they will meet no earlier than 9 a.m. and no later than 8 p.m., per a joint memo from the House and Senate.

Issues that are not resolved between the House and Senate will be sent to House Appropriations Chair Jay Trumbull and Senate Appropriations Chair Kelli Stargel on Thursday.


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

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