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Week 9 Legislative Session
Note: The 2022 Legislative Session is scheduled to end on March 14th after a three-day extension for the exclusive purpose of passing the state budget.
FY 2022-2023 State Budget
The budget conference has concluded and the Legislature has agreed on a FY 2022-2023 state budget that totals $112.1 billion. The final vote on the budget is scheduled for March 14th. Next, the budget will be sent to Governor Ron DeSantis for review. The Governor may veto the entire budget or any line item (project, program). A Governor rarely vetoes the entire budget, but Governor DeSantis will most likely veto some items.

The final SUS budget totals $5.6 billion with $3.6 billion in state support.

We are happy to share that the legislature has allocated additional funding for our student success and research priorities, and protected recurring funding projects, during the 2022-2023 legislative budget process. We are grateful for our legislative leadership, and the Miami-Dade delegation for their continued support. This has been a challenging session in new and unique ways. With the leadership of the Board of Trustees, the FIU administration, and our university team, however, we have successfully concluded a budget cycle with new and continued funding that includes: 
 
New Funding for FIU:
  • $5 million recurring operational support
  • $4.8 million recurring for Nursing PIPELINE
  • $33.5 million PECO for Engineering Building Phase II
  • $30.8 million for deferred maintenance
  • $500,000 PECO for Nursing Sexual Assault Exam Center
  • $2 million for CLIA Laboratory for Functional Drug Testing to Individualized Cancer Treatments
  • $500,000 Cultural Facilities Grant for CasaCuba.
Continued Funding for FIU:
  • $32 million in operational funding for implementing our Board of Trustees’ strategic plan for FIU to become a top 50 Public Research University.
  • $3.5 million for FIUnique
  • $2.5 million for the Green Family Foundation NeighborhoodHELP®
  • $1 million for the Adam Smith Center for the Study of Economic Freedom
  • $1,031,689 for the Public Loss Model ($62,000 increase)
  • $700,000 for the Wall of Wind
State University System Funding:
  • Performance Funding: Maintain current funding with no increase
  • World Class Faculty and Scholar Program and the Professional and Graduate Degree Excellence Program: Maintain current funding with no increase
  • Universities of Distinction: None
  • National Rankings: No new funding
  • Preeminence: No new funding
  • Tuition Increase: None
  • PECO Maintenance: None
  • PECO Bonding: Bonding is not authorized
  • PO&M: None
  • CITF: $44.7 million (FIU’s share is $6.2 million)
  • Programs of Strategic Emphasis (BOGO waivers): $6.3 million increase
  • Johnson Scholarships:  $20,000 increase
  • Pay Raises:  None.  The general state employee pay raise of 5.38% does not apply to SUS employees.
New University System Initiatives:
  • $6 million for LINE nursing program (distribution by the BOG)
  • $5.4 million for Student Open Access Resources
Other Funding:
  • $400,000 continued funding for the Early Childhood Music Education Incentive Pilot Program (Collaboration with the University of Florida).
  • $3 million continued funding for Alzheimer’s and Dementia Research (Collaboration led by the University of Florida).
  • $6.3 million new recurring funding for the Primary Care Health Professional Loan Repayment Program, which encourages providers to practice in underserved locations. The program provides grants to offset loans and educational expenses incurred by students thereby reducing student debt.
Budget Conforming Bill
The conforming bills make changes to state law to conform to the provisions of the budget.  During the budget conference, the provisions of HB 5201 were added to SB 2524. The bill:
  • Amends the AA transfer performance-based funding metric beginning in FY 2022-2023 from a 2-year graduation rate to a 3-year graduation rate.
  • Provides that if any institution is found to have a substantiated violation of Section 1000.05(4)(a), Florida Statues, the institution shall be ineligible to receive performance funding during the next fiscal year following the year in which the violation is substantiated.  Section 1000.05(4)(a) was created by CS/HB 7, Eng. 2 (see below)
  • Requires the Florida Postsecondary Academic Library network to support the creation and use of open educational resources by SUS and FCS faculty members.
  • Creates the Florida Student Open Access Resources initiative to increase the amount of open access resources available to students at public postsecondary institutions.
  • Creates the Student Open Access Resource Grant Program to provide funding to public institutions to create and expand the use of open educational resources.
  • Expands the “buy one, get one free” fee waiver from eight to ten Programs of Strategic Emphasis.
  • Creates the Linking Industry to Nursing Education (LINE) Fund to increase the nursing workforce by providing dollar-to-dollar matching funds for partnerships between educational institutions and health care providers.
  • Creates the Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing Education (PIPELINE) Fund to reward performance excellence among public postsecondary nursing education programs.
  • Expands the duties of the Florida Talent Development Council.
  • Expands the duties of the Florida Center for Nursing.
Bill text (staff analysis not currently available).
 
Implementing Bill
The implementing bill makes changes to state law for only one year to implement the state budget.  This year HB 5001 provides that a state agency, political subdivision, public school, state college, or state university may not enter into any agreement with or accept any grant from the Russian Federation. This provision expires July 1, 2023.  Bill text (staff analysis not currently available).
Board of Trustees Confirmation
The Senate must confirm both new and renewed trustee appointments to University Boards of Trustees. FIU Trustees, Carlos Duart and Marc D. Sarnoff, were confirmed by the Senate for new and renewed five-year terms, respectively. 
Bills of Interest
The following bills passed and will become law, unless vetoed by the Governor. Unless noted, the bills have not yet been reviewed by Governor Desantis. 

CS/HB 7, Eng. 2 Individual Freedom by Representative Avila.  The bill expands unlawful employment practices to provide that discrimination based on race, color, sex, or national origin includes 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 concepts specified in the bill.  The bill provides that the same practices are discrimination against students and employees in the K-20 public education system.  Additionally, the bill requires that instruction, instructional materials, and professional development in K12 public schools be consistent with principles specified in the bill. (Passed Senate; 24 Yeas, 15 Nays, Passed House; 74  Yeas, 41 Nays) Bill text and staff analysis.

CS/HB 45 Educational Opportunities for Disabled Veterans by Representative Morales.  The bill provides veterans who are Florida residents and have a 100 percent disability rating with tuition and fee waivers.  The waiver is equal to any amount not covered by the veteran’s federal benefits. (Passed Senate; 38 Yeas; 0 Nays. Passed House; 115 Yeas, 0 Nays) Bill text and staff analysis.

CS/HB 461, Eng. 1 Florida Bright Futures Scholarship Program Student Service Requirements by Representative Melo.  Beginning with students graduating in 2022-2023, the bill allows a student to meet Bright Futures award eligibility requirements through paid work.  (Passed Senate; 35 Yeas; 3 Nays. Passed House; 119 Yeas, 0 Nays) Bill text and staff analysis.

 CS/CS/SB 514 Workforce Education Requirements by Senator Burgess. The bill allows a state agency or local government to substitute related work experience for postsecondary educational requirements of employment if the candidate is otherwise qualified for the position. (Passed Senate; 38 Yeas, 0 Nays.  Passed House; 112 Yeas, 0 Nays ) Bill text and staff analysis.

CS/SB 520, Eng. 1 Public Records and Public Meetings by Senator Brandes.  The bill creates a public records and public meetings exemption for personal identifying information for applicants for president of a state university or state college.  The information will be made public for the final group of selected applicants at least 21 days before the final selection.  The age, race, and gender of all applicants who met the minimum qualifications for the presidency will also be disclosed at least 21 days before the final selection. The bill will be effective upon becoming a law. (Passed Senate; 12 Yeas, 15 Nays.  Passed House; 86 Yeas, 26 Nays) Bill text and staff analysis.

CS/CS/HB 837 Hurricane Loss Mitigation Program by Representative Willhite.  Annual funding of $700,000 for FIU’s Wall of Wind (WOW) is authorized as part of the Hurricane Loss Mitigation Program.  The funding for the Program, including the WOW, is scheduled to expire on June 30, 2022.  The bill extends for ten years the funding for the Program through June 30, 2032. (Passed Senate; 37 Yeas, 0 Nays.  Passed House; 117 Yeas, 0 Nays.) Bill text and staff analysis.

SB 7004 Technology Systems/State University or a Florida College System Institution by the Senate Education Committee.  The bill saves from repeal the public records and public meetings exemption for state universities and state colleges for information related to information technology (IT) security, potential breaches of security, and risk assessments. (Passed Senate; 35 Yeas, 0 Nays. Passed House; 118 Yeas, 0 Nays. Approved by Governor; Chapter No. 2022-009)  Bill text and staff analysis.

SB 7006, Eng. 1 Campus Emergency Response by the Senate Education Committee.  The bill modifies and saves from repeal the public records and public meetings exemption for public postsecondary institutions, law enforcement, and state and local governments related to a campus emergency response. (Passed Senate; 35 Yeas, 3 Nays. Passed House; 109 Yeas; 0 Nays)  Bill text and staff analysis.

SB 7014 COVID-19-related Claims Against Health Care Providers by the Senate Judiciary Committee.  During the 2021 Legislative Session, the Legislature passed CS/SB 72 that created liability protections from COVID-19 related claims for health care providers.   The bill extends the liability protections set to expire on March 29, 2022 through June 1, 2023. (Passed Senate; 22 Yeas, 13 Nays. Passed House; 87 Yeas, 31 Nays. Approved by Governor; Chapter No. 2022-010)  Bill text and staff analysis.

SB 7044, Eng. 1 Postsecondary Education by the Senate Education Committee.  The bill:
  • Requires the BOG to adopt a regulation on post-tenure review that considers:  accomplishments and productivity; assigned duties in research, teaching, and service; performance metrics, evaluations, and ratings; and recognition and compensation considerations, as well as improvement plans and consequences for underperformance.
  • Provides that a public postsecondary educational institution may not be accredited by the same accrediting agency for consecutive accreditation cycles unless the institution was not granted candidacy status by an alternative agency (expires on December 31, 2032).
  • Provides a cause of action against an accrediting agency by a postsecondary educational institution that has been negatively impacted by retaliatory action by an accrediting agency (expires on December 31, 2032).
  • Provides additional requirements for the posting of required and recommended instructional materials.
  • Provides additional requirements for the statewide course numbering system.
  • Provides additional notice and transparency requirements for tuition and fees.
  • Provides a supermajority vote requirement to increase tuition or to increase or impose fees.
(Passed Senate; 22 Yeas, 15 Nays.  Passed House; 77 Yeas, 40 Nays.) Bill text and staff analysis.


Note on Staff Analysis:  Bills that are labeled “Eng.” after the bill number were amended while being heard by the Senate or House.   The staff analysis is only updated after a committee meeting and after the final passage of the bill by both the Senate and House. Currently, Final Staff Analyses are not available but will be published in the coming weeks. 

If you would like the Department of Governmental Relations to track a bill this session, please call our office at 305-348-3505 or email us at gca@fiu.edu.

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