Florida: Where Legislators Treat Permanence as an Illusion – SB86

A History of Florida’s Bright Futures Legislation from 2016 to Today.

A tale of two testimonies:

1. Senator Baxley discusses his support for SB190 and Bright Futures (which includes guaranteed funding in statute) before the Senate Education Appropriations subcommittee on 3/20/19 (at 16:25):

I think its a great equalizer… whoever can do the work… they’re gonna will get the award and help with college. I appreciate the integrity of keeping it as something that’s an equalizer: if you work hard, commit yourself you’re going to have some help, of course we significantly renewed the funding which, for a while, in the hard times we could not be as effective with, I love the integrity that this is something that really a student earns because many of our students, we have the view that families pick up and pay all the college bills and in my house my dad’s money was his money “you live in America and you’ve got a great opportunity, go get it”… but many  students are on their own to come up with a way to fund their college education and this, I think, has been a great incentive tool as well as being a way that we could make sure that a lot of talent also… got the training that they needed, so thank you for those improvements you’ve made in our programs this year, I support the bill.”

https://thefloridachannel.org/videos/3-20-19-senate-appropriations-subcommittee-on-education/

2. Just over two years later, Senator Baxley defends SB86 which removes the guarantee of 4 years of full funding of Bright Futures scholarships for students who “earn them,” before the Senate Education Appropriations subcommittee on 3/31/21:

Well I think this approach is far more  truthful with them because nothing is guaranteed in this world. We don’t know what we’re up against until we’re there, now obviously this is a very strong priority and the top priority , we have continued to us that as an indicator of funds, and… not used it for other educational purposes as much as we could to improve education over all but we feel like this was the proper direction to move and it can continue to move in that way but I think its a lot more honest for people to say, we can’t guarantee what’s going to happen … you are not getting any change in intention, not getting any change in direction, there is no impetus here to reduce funding of any bright futures scholarships.  It’s just being more truthful that this is the proper way to align your finances…

https://thefloridachannel.org/videos/3-23-21-senate-appropriations-subcommittee-on-education/

I just spent the better part of two days watching what I believe to be every discussion of the Bright Futures Scholarship program, in the Florida Senate, since January 2017. Here is what I learned:

1. This session, after multiple rounds of amendments removing some controversial provisions in SB86, Senator Baxley has repeatedly refused to accept amendments which would: 1. retain the promise of full funding of Bright Future in statute or 2. assure any created lists of fields of study could NOT be used to determine Bright Futures award amounts or eligibility in the future. This suggests that the primary goal of SB86 is, and probably always has been, to allow the defunding of the Bright Futures scholarship program.
2. Senator Baxley’s current concern (that the legislature can’t continue to “bind legislatures” by keeping the value of Bright Futures scholarships consistent and defined in statute) is new. During the 2017, 2018 and 2019 legislative sessions, Baxley never voiced any concern when he voted at least 8 times to place or keep such language in statute.
3. In 2017 and 2018, Senator Baxley supported SB2 and SB4, respectively, which codified the promise of 100% tuition and fees for Bright Futures’ Florida Academic Scholar (FAS) recipients and 75% tuition and fees for Bright Futures Florida Medallion Scholar (FMS) recipients.
4. When 2018’s SB4 passed, it was celebrated as “permanently funding Bright Futures scholarships.” This session’s SB86 calls from the removal of that codified promise of permanent funding (100%/75% tuition and fees for FAS/FMS). Many of the senators supporting SB86 and the removal of that promise now, were actual COSPONSORs of SB4 in 2018 (including Baxley, Stargel, Simpson, Mayfield, Bean and Passidomo).
5. In the recent past, popular Bright Futures Legislation has been used to help pass controversial legislation, like 2018’s “Campus Free Expression Act” and 2017’s “Schools of Hope” corporate charter school expansion.
6. When Senator Baxley mentions that “right now” Bright Futures is a priority for lottery proceeds, reminding us that the legislature has “not used it for other educational purposes as much as we could to improve education over all” he is, likely, signaling his preference for freeing up lottery proceeds so they can be used to fund privatization efforts such as expansion of K-12 private school vouchers.

Bright Futures in the 2017 Legislative Session.

Shortly after the conclusion of the 2016 Florida Legislative session, then Senate President, Joe Negron, embarked on a statewide university listening tour, taking a bipartisan group of legislators with him. He return with a focus on Higher Ed and made SB2, “Florida Excellence in Higher Education Act of 2017,” his legislative priority. Solidifying Bright Futures was a key feature of that plan. Sponsored by Galvano, SB2 restored statutory funding of the Bright Futures Florida Academic Scholars (FAS) award to 100% of tuition and fees and added $300/semester for textbooks. SB2 also expanded Benaquisto scholarships to out-of-state National Merit Scholars. The bill also revised performance-based metrics, among other things meant to improve the rankings of our state universities. SB2 did not codify funding for the Florida Medallion Scholars (FMS) award level of Bright Futures. SB2 sailed through Committee Weeks and passed the Senate with unanimous support from Senate Republicans on the first day of the 2017 session. Ultimately, Negron’s Higher Ed ambitions fell victim to then House Speaker Richard Corcoran’s School Choice agenda.  Corcoran delayed House approval of the higher ed legislation until his controversial priority “Schools of Hope,” HB7069, was approved by the Senate.  On 6/14/17, Governor Scott vetoed Negron’s Higher Ed bills and funding, requiring the bill to be brought back in the 2018 session.

Many of our current senators were presented with SB2, some multiple times, during the 2017 session.  No one ever questioned whether, by codifying the full value of the FAS award, the senators might be “tying the hands of future legislators.”

• On 1/23/17, in Senate Education, SB2 passed unanimously, including yes votes from Senators Mayfield and Simpson.
• On 2/8/17, SB2 passed Senate Education Appropriations 5Y-1N (Clemens D-31 voted no).
• On 2/23/17, in Senate Appropriations, SB2 passed unanimously, including yes votes from senators Bean, Brandes, Gainer, Simpson, and Stargel.
• On 3/9/17, SB2 passed the Senate Floor 35Y-1N (again, the “no” was from Clemens D-31), including yes votes from senators Baxley, Bean, Mayfield,Brandes, Hutson, Passidomo, Stargel and Simpson.

Bright Futures in the 2018 Legislative session

In the 2018 session, Higher Ed was once again the priority for Senate President Joe Negron. This time the bill, SB4, was called “Florida Excellence in Higher Education Act of 2018.” Sponsored By Senator Galvano and co-sponsored by Senator Perry, the bill eventually attract a long line of co-sponsors: Young, Bradley, Stewart, Stargel, Simpson, Steube, Passidomo, Bean, Hukill, Benacquisto, Mayfield and, even, Dennis Baxley. The bill was presented as “permanently” expanding and strengthening Bright Futures funding, calling for 100% tuition and fees for FAS recipients (plus $300 for textbooks, and authorize use of the award for summer term enrollment as funded in the General Appropriations Act). The bill also codified 75% tuition and fees for FMS and extended the Benacquisto Scholarship Program to eligible students from out of state. Other aspects of the bill modified state university performance accountability metrics, established the Florida Farmworker Student Scholarship Program for farmworkers and the children of farmworkers and established the World Class Faculty and Scholar Program meant to support the recruitment and retention of “exemplary faculty and research scholars” at state universities.

Once again, the bill sailed through its senate committee stops and, once again, no one ever questioned whether the value of the scholarships should be codified in statute.

• On 10/9/17: SB4 passes Senate Education unanimously (including affirmative votes from Simpson and Mayfield). There was enthusiasm for “permanently strengthening our bright futures.” Galvano claimed “at the heart of this bill is the students and their families, secondly, it’s about responsibility to the tax payer…”
• On 11/8/17: SB4 passes Senate Education Appropriations unanimously (including Senator Simpson). While Galvano presented the bill, co-sponsor Perry chaired the meeting. There were no questions. Several students gave public comment, thanking the senators for solidifying Bright Futures. The only debate was from Senator Farmer who thanked Galvano for the bill. 
• On 12/6/17: When Galvano presented SB4 before Senate Appropriations he emphasized that the bill would codify the Bright Future scholarship values moving forward. The bill was amended to add funding for summer term enrollment for FMS recipients. Several democrats questioned whether the qualifying levels were fair for all demographics, but there was otherwise little discussion and no debate. No one questioned whether they had the right to restrict the actions of future legislatures. The bill passed unanimously, including affirmative votes from Baxley, Passidomo and Stargel.
• On 1/11/18: When SB4 was heard on the Senate floor, Galvano asked Perry to present the Bright Futures portion of the bill. Perry proclaimed that the changes with Bright Futures would bring long term stability to students and families during their career in the University system. Senators praised the “lasting impact” these changes would make.  The bill passed unanimously. Afterwards, in press availability, Senator Perry celebrated saying the bill would have long lasting effects: “What we did today was tell the students in high school ‘you work hard, you dedicate yourself , we’re going to take care of you. We’re going to assure you’ll get a quality education.” 
• Meanwhile, on the House side, then Rep. Ray Rodrigues carried the companion bill (HB423). The bill began essentially identical to SB4 but added controversial “Campus Free Expression Act” language. Interestingly, the senate companion to the “Campus Free Expression Act” was SB1234, sponsored by none other than Senator Baxley, himself. The “Campus Free Expression Act” appeared to be in response to free speech concerns surrounding the scheduled University of Florida appearance of white supremacist, Richard Spencer, shortly after the violent protests in the Charlottesville, Va. Spencer promoted the narrative that “many college students are trying to squash freedom of expression on campus if it doesn’t align with a left-leaning point of view.” Once the “Campus Free Expression Act” language was attached to SB, the floor votes became more partisan – passing in the House 84Y-28N and passing in the Senate 33Y-5N.

Bright Futures in the 2019 Legislative session

In the 2019 session, Senator Kelli Stargel carried a bill, SB190, entitled “Higher Education” which, among other things, aligned Bright Future SAT/ACT qualifying scores to national standards, following the rewrite of the SAT. The initial bill also codified the existing State Board of Education rule allowing graduates of private high schools to qualify for Bright Futures and made some non-Bright Futures changes including modifying the state funding formula for the Safe Schools allocation and removed annual cap on the performance funding for industry certifications at state colleges and school district workforce education programs. The bill sailed though its Senate committee stops.

• 3/6/19, Senate Education: The bill attracted no public appearances and there was zero debate. The bill passed unanimously, including yes votes from Baxley, Diaz and Stargel.
• 3/20/19, Senate Education Appropriations: In Ed Appropriations, there were a few concerns, from Senator Flores about whether raising the qualifying scores would impact certain demographics. It was this conversation that led Senator Baxley to defend Bright Futures as “a great incentive tool” for those who “work hard.” The bill passed the committee unanimously, including yes votes from Baxley, Diaz and Stargel.
• 4/18/19, Senate Appropriations: In Appropriations, the bill was amended multiple times, but the Bright Futures language was not changed. There were no appearance forms and no debate. The bill passed unanimously, including yes votes from Bean, Brandes, Hutson, Mayfield, Passidomo, and Stargel.

Throughout the process, SB190 was amended multiple times but there were no attempts to remove the permanent promise of 100%/75% funding for the FAS/FMS recipients. The idea was never discussed. CS/SB 190 passed the Senate on April 25, 2019. The bill was amended by the House, removing all the Bright Futures provisions, on April 30, 2019, and was returned to the Senate. The Senate refused to concur with the House amendment on May 2, 2019, and returned the bill to the House. Eventually, on May 3, 2019, the Senate reconsidered and Stargel amended the bill, adding back the Bright Futures language among other things, and passed the bill unanimously. On May 3, 2019, the House concurred in the Senate amendments and subsequently passed the bill, unanimously, as amended. The final bill barely resembled Stargel’s initial bill but the promise of Bright Future scholarships remained intact.

(There were no changes to Bright Futures heard during the 2020 Legislative Session.)

Bright Futures, under attack, in the 2021 Legislative Session

This brings us to today. Senator Baxley is carrying the controversial SB86 which faces nearly universal public opposition but continues to sail through the GOP-dominated Senate, along party lines. It reverses the guarantees established in 2018’s SB4 and it is ready for a floor vote.

The bill initially created a list of career certificate, undergraduate, and graduate degree programs that “lead directly to employment” and tied full Bright Futures funding only to scholarship recipients studying those specific fields. The public outrage was immediate. Before its first committee stop, the bill was amended to create a list of programs that did NOT “lead directly to employment” and limited funding to students studying in those programs deemed to be “unemployable.” By the second committee stop, the bill was amended to create the list of unemployable majors but was silent on how that list would be used, beyond informing the student. The amended bill also mandates the creation of an online dashboard to “assist students and families in making better-informed decisions about educational options and future employment opportunities” and require all undergraduates to visit the dashboard and complete a “career readiness training module,” making them “aware of the employment and wage prospects for their declared major.” Senators like Debbie Mayfield and Travis Hutson have celebrated how “transformation” this online dashboard will be. (I personally, am less excited about the dashboard because my child understands how to use Google to find such information.) Several amendments were filed by Democrats to assure that the “list of unemployable majors” would NOT be used to limit Bright Futures in the future. Such amendments were considered to be “unfriendly” by the bill’s sponsor (Baxley).

Hidden amongst the outrageous restrictions on field of study, the originally filed bill also eliminated the statutory requirement that FAS recipients receive 100% of tuition and fees and a textbook stipend and that FMS recipients receive 75% of tuition and fees, leaving the value of the scholarship dependent on the annual appropriations process. Baxley has refused to accept multiple amendments which would have restored the current funding guarantees. Families, who include Bright Futures awards in their financial planning for college, are livid. Hundreds of citizens, many students, have gone to Tallahasee to testify against removing the funding guarantee. Senate offices have been inundated by thousands of emails and phone calls opposing SB86 and its attacks on Bright Futures and Benaquisto Scholarships. An online petition to “Save Bright Futures” has collected over 135,000 signatures. The concerns from the public have been bipartisan and universal. When students suggested that lawmakers were not listening, several senators, including Senator Baxley, became indignant. Yet, at each stop, despite tremendous opposition, the bill passes on a party line vote, with votes to remove the protections codified in 2018’s SB4 cast by the very same senators who, along with Sen. Baxley, CO-SPONSORED 2018’s SB4. Senate President Simpson, a co-sponsor of SB4, published a press release in support of SB86.  Senator Stargel, Mayfield, Bean and Passidomo, all SB4 co-sponsors, voted in committee for SB86 (Sen. Passidomo voted for SB86 at each of its three committee stops).

Of note, in Appropriations last week, Senator Keith Perry (R-8), who had championed the Bright Futures provision in 2018’s SB4, abstained from voting to have his (and Senators Galvano and Negron’s) strong work undone.

The refusal to retain the Bright Futures funding guarantee, which Baxley calls a “false promise” because of its dependence on the vagaries of the State’s future economic climate, has less to do with an honest appraisal economics and more to do with his, and his colleague’s, eagerness to redirect lottery money to other projects… like, private school tuition vouchers, for example.

Recently, on mysuncoast.com, Cyndi Brillhart, a single mother who is depending on Bright Futures to help her daughter go to college and a moderator of Florida Voters Against Scholarship Cuts, said, “It’s wrong — it’s morally wrong — to ask children to work for something and then take it away.” She is not impressed with Baxley’s modifications of the bill when the funding threats remain:

“You don’t need a bill to create a dashboard. I think it was all smoke and mirrors,” she told ABC7 after Wednesday’s vote.

She said voters need to pay attention — and follow the money. “You (Baxley) took all the window dressing out to make it look like you were compromising,” she said. “Their case is to get their hands on Lottery money so they can achieve their ultimate aim of privatizing our state.”

Agree 100%. Voters need to pay attention and follow the money. The good news is that there is currently no House companion to SB86 (though HB 281, which deals with Dual Enrollment, NOT Bright Futures, has been identified as “similar.”). Still, this is Florida, where legislative shenanigans are know to happen. Like Ms. Brillhart says, it is time to pay attention. Find out more information at https://www.savebrightfutures.org or Florida Voters Against Scholarship Cuts.

SB86 is ready for a Senate floor vote on Wednesday, 4/7/21. Contact your senator (find them here) and ask them to vote NO on SB86. Don’t allow them to place our children’s Bright Futures at risk.