Current through Reg. 50, No. 187; September 24, 2024
(1) Purpose. The
purpose of this rule is to implement the expenditure prohibitions found in s.
1004.06, F.S.
(2) Definitions. For the purposes of this
rule, the following terms mean:
(a)
"Diversity, Equity and Inclusion" or "DEI" is any program, campus activity, or
policy that classifies individuals on the basis of race, color, sex, national
origin, gender identity, or sexual orientation and promotes differential or
preferential treatment of individuals on the basis of such
classification.
(b) "Federal funds"
are those funds provided to the institution or a direct-support organization
for an institution directly or indirectly by an appropriation by Congress. This
includes financial aid provided to the institution by or on behalf of a student
attending the institution if that financial aid is provided to the student via
a governmental aid or grant program. Federal funds do not include student fees
to support student-led organizations notwithstanding any speech or expressive
activity by such organizations which would otherwise violate this section,
provided that the student fees must be allocated to student-led organizations
pursuant to written policies or regulations of each institution, as
applicable.
(c) "Non-traditional
Student" is an undergraduate student not pursuing higher education immediately
or up to two (2) years after graduating high school.
(d) "Political or Social Activism" is any
activity organized with a purpose of effecting or preventing change to a
government policy, action, or function, or any activity intended to achieve a
desired result related to social issues, where the institution endorses or
promotes a position in communications, advertisements, programs, or campus
activities. Political or Social activism does not include authorized government
relations and lobbying activities of the institution concerning matters that
directly affect the operations of the institution or direct-support
organizations of the institution. Political or Social Activism does not include
endorsement or promotion of a position that encourages compliance with state or
federal law or State Board of Education rule.
(e) "Programs or campus activities" are any
activities authorized or administered by the institution or an institution's
direct-support organization(s) that involve:
1. Academic programs subject to review as
outlined in ss. 1001.02(6)(c),
1007.25,
1007.33, F.S., other than
classroom instruction;
2. Student
participation, other than classroom instruction; or
3. Hiring, recruiting, evaluating, promoting,
disciplining, or terminating institution employees, or
contractors.
(f) "Social
Issues" are topics that polarize or divide society among political,
ideological, moral, or religious
beliefs.
(g) "Student-led Organization" is an
organization recognized by the institution as an active and registered student
organization that is comprised of student members with a faculty or staff
advisor including, but not limited to, organizations that receive activity and
service fees pursuant to s.
1009.23, F.S.
(h) "State funds" are those funds provided to
an institution or a direct-support organization for an institution directly or
indirectly by an appropriation by the Florida Legislature. This includes
financial aid provided to the institution by or on behalf of a student
attending the institution if that financial aid is provided to the student via
a state government aid or grant program. State funds do not include student
fees to support student-led organizations notwithstanding any speech or
expressive activity by such organizations which would otherwise violate this
section, provided that the student fees must be allocated to student-led
organizations pursuant to written policies or regulations of each institution,
as applicable.
(3) An FCS
institution or FCS institution direct-support organization may not expend any
state or federal funds to promote, support, or maintain any programs or campus
activities that:
(a) Violate s.
1000.05, F.S.;
(b) Advocate for DEI as defined in this rule;
or
(c) Promote or engage in
political or social activism as defined in this rule.
(4) An FCS institution or FCS institution
direct-support organization advocates for DEI when it engages in a
program, policy, or activity that:
(a) Advantages or disadvantages, or attempts
to advantage or disadvantage, an individual or group on the basis of race,
color, sex, national origin, gender identity, or sexual orientation, to
equalize or increase outcomes, participation, or representation as compared to
other individuals or groups; or
(b)
Promotes the position that a group or an individual's action is inherently,
unconsciously, or implicitly biased on the basis of race, color, sex, national
origin, gender identity, or sexual orientation.
(5) Student-led organizations may use
institution facilities notwithstanding any speech or expressive activity by
such organizations that would otherwise violate subsection (3) of this rule,
provided that such use must be granted to student-led organizations pursuant to
written policies or regulations of each institution, as applicable.
(6) Subsection (3) of this rule does not
prohibit programs, campus activities, or functions required for compliance with
general or federal laws or regulations; for obtaining or retaining
institutional or discipline-specific accreditation with the approval of the
State Board of Education; or for access programs for military veterans, Pell
Grant recipients, first generation college students, nontraditional students,
"2+2" transfer students from an FCS institution or state university, students
from low-income families, or students with unique abilities.
(7) Subsection (3) of this rule does not
prohibit expenditure of state or federal funds, so long as the expenditure is
for ministerial or administrative activities of a program or campus activity
that is not unique to that program or campus activity and that specific program
or campus activity is otherwise supported by private funds.
(8) An FCS institution must designate an
institution official or officials who are responsible for compliance,
oversight, and adherence with the prohibited expenditure provisions of this
rule.
Rulemaking Authority
1004.06(4) FS.
Law Implemented 1004.06
FS.
New 2-20-24.
