For assistance with the 2024 BOG Regulation 9.016 click on flow sheet link below.
2024 BOG Regulation 9.016-Prohibited Expenditures
UCF Guidance on
Florida Board of Governors Regulation 9.016
Pursuant to Board of Governors’ Regulation 9.016 Prohibited Expenditures, which was adopted in January 2024, and the 2023 changes to Florida Statutes s. 1004.06, the University (and its DSOs) may not expend any state or federal funds to promote, support, or maintain any programs or campus activities that: advocate for diversity, equity and inclusion; engage in political or social activism; or violate 1000.05, Florida Statutes unless there is an applicable exemption. Each bolded term is relevant in applying this regulation.
The following is a framework to analyze whether an expenditure in pursuit of a program or campus activity is covered by the Regulation.
Step One
Does the program or campus activity expend state or federal funds?
State Funds: Funds provided to a university or university DSO directly or indirectly by an appropriation by the Florida Legislature. This includes financial aid provided to the student via a state government aid or grant program. [9.016(1)(a)(7)]
Federal Funds: Funds provided to the university or university DSO directly or indirectly by an appropriation by Congress. This includes financial aid provided to the student via a governmental aid or grant program. [9.016(1)(a)(8)]
Additional Definitions
Funds for Administrative Functions: The Regulation does not prohibit expenditure of state or federal funds if 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. [9.016(6)]
Student Fees: Student fees to support the activities of student-led organizations are exempt from the prohibited expenditures restrictions, provided the organization is recognized by the university and the funds are allocated in accordance with university activity & service fee policies. Student-led organizations are also be permitted (in keeping with any applicable university policies) to use university facilities to engage in speech or expressive activity which would otherwise violate the Regulation if done by the University directly.
Private Funds: These definitions do not include private funds, such as donor funds.
Step Two
Is it a program or campus activity?
According to the regulation 9.016(1)(a)(4): “Any programs or campus activities” are activities authorized or administered by the university or a university’s direct-support organization(s) that involve:
a. Academic programs subject to review as outlined in sections 1001.706(5)(a) and 1007.25, Florida Statutes[1], other than classroom instruction; or
b. Student participation, other than classroom instruction; or
c. Hiring, recruiting, evaluating, promoting, disciplining, or terminating university employees or contractors.”
In summary, to be subject to the expenditure limitation, the activity would need to be:
1. part or related to the general education curriculum, other than classroom instruction;
OR
2. something that involves student participation, other than classroom instruction;
OR
3. employment or contractor-related actions, including recruiting.
The definition of programs or campus activities does not include: Classroom instruction or Research.
[1] This is presently interpreted to relate mostly to general education programming at the university. The language of the statute also includes any academic program that “violates Florida Statutes s. 1000.05.” However, as of this writing, certain relevant provisions of section 1000.05 (specifically, all of 1000.05(4)) are not in effect due to a temporary injunction issued by the federal court. Other provisions of Section 1000.05 – those related to nondiscrimination generally and equity in athletics – remain in effect as they did before the adoption of SB 266 and Regulation 9.016. Therefore, a proposed expenditure that would violate those in-effect antidiscrimination provisions would also constitute a violation of this Regulation 9.016 and the prohibited expenditures statute (Florida Statutes s. 1004.06).
Step Three
Does the program or campus activity do one or more of the things listed in the Regulation?
Does it violate those portions of Florida Statutes s. 1000.05 that are not enjoined, which relate to discrimination, including antisemitism, and gender in athletics;
OR
Does it advocate for DEI as defined: meaning, will the action result in advantage or disadvantage to an individual or group on the basis of color, sex, national origin, gender identity, or sexual orientation at the expense of another individual or group (or does it attempt to do so); or does it promote the position that a group or an individual’s action is inherently, unconsciously, or implicitly biased on the basis of color, sex, national origin, gender identity, or sexual orientation;
OR
Does it engage in political or social activism, which is defined as university activity that endorses or promotes efforts to effect or prevent a change to government policy or action or efforts to achieve a desired result on social issues – the emphasis here is that this is an official university action, statement or position as opposed to the actions of individuals. [2]
Step Four
Is there an applicable exemption for the expenditure on the program or activity?
According to 9.016(5) Section (2) does not prohibit programs, campus activities, or functions required for:
- compliance with general, state, or federal laws or regulations;
- obtaining or retaining institutional or discipline-specific accreditation with the approval of the Board of Governors; or
- access programs for military veterans, Pell Grant recipients, first generation college students, nontraditional students, “2+2” transfer students from the Florida College System, students from low-income families, or students with unique abilities.
[2] The university may engage in political and social activism where the activity is part of its lobbying function or is to encourage compliance with state law, federal law, and/or BOG regulation/guidance.