Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for HB 7055
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Baxley) recommended the
       following:
       
    1         Senate Amendment to Amendment (240726) (with title
    2  amendment)
    3  
    4         Between lines 2023 and 2024
    5  insert:
    6         Section 25. Section 1004.097, Florida Statutes, is created
    7  to read:
    8         1004.097 Free expression on campus.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Free speech zone” means a designated area on a public
   11  institution of higher education’s campus for the purpose of
   12  political protesting.
   13         (b) “Outdoor areas of campus” means generally accessible
   14  areas of the campus where members of the campus community are
   15  commonly allowed, including grassy areas, walkways, or other
   16  similar common areas. The term does not include outdoor areas
   17  where access is restricted.
   18         (c) “Public institution of higher education” means any
   19  public technical center, state university, law school, medical
   20  school, dental school, or Florida College System institution as
   21  defined in s. 1000.21.
   22         (2) RIGHT TO FREE SPEECH ACTIVITIES.—
   23         (a) Expressive activities protected under this section
   24  include, but are not limited to, any lawful verbal or written
   25  means by which an individual may communicate ideas to others,
   26  including all forms of peaceful assembly, protests, speeches,
   27  and guest speakers; distributing literature; carrying signs;
   28  circulating petitions; and the recording and publication,
   29  including Internet publication, of video or audio recorded in
   30  outdoor areas of campus of public institutions of higher
   31  education.
   32         (b) A person who wishes to engage in an expressive activity
   33  in the outdoor areas of campus of a public institution of higher
   34  education may do so freely, spontaneously, and contemporaneously
   35  as long as the person’s conduct is lawful and does not
   36  materially and substantially disrupt the functioning of the
   37  public institution of higher education.
   38         (c) The outdoor areas of campus of a public institution of
   39  higher education that accepts federal funding are considered
   40  traditional public forums. A public institution of higher
   41  education may create and enforce restrictions that are
   42  reasonable and content-neutral on time, place, and manner of
   43  expression and that are narrowly tailored to a significant
   44  institutional interest. Restrictions must be clear, be
   45  published, and provide for ample alternative means of
   46  expression.
   47         (d) A public institution of higher education may not
   48  designate any area of campus as a free speech zone or otherwise
   49  create policies restricting expressive activities to a
   50  particular area of campus.
   51         (e) Students, faculty, or staff of a public institution of
   52  higher education may not materially disrupt previously scheduled
   53  or reserved activities on campus occurring at the same time.
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete line 3514
   58  and insert:
   59         made by the act; creating s. 1004.097, F.S.; defining
   60         terms; providing applicability; authorizing a public
   61         institution of higher education to create and enforce
   62         certain restrictions relating to expressive activities
   63         on campus; providing applicability; prohibiting a
   64         public institution of higher education from
   65         designating free speech zones or other restrictive
   66         policies; prohibiting students, faculty, or staff of a
   67         public institution of higher education from materially
   68         disrupting scheduled activities; creating s. 1006.05,
   69         F.S.; providing