Florida Senate - 2021                       CS for CS for SB 264
       
       
        
       By the Committees on Appropriations; and Education; and Senator
       Rodrigues
       
       
       
       
       576-03046-21                                           2021264c2
    1                        A bill to be entitled                      
    2         An act relating to higher education; amending s.
    3         1001.03, F.S.; defining terms; requiring the State
    4         Board of Education to require each Florida College
    5         System institution to conduct an annual assessment
    6         related to intellectual freedom and viewpoint
    7         diversity; providing criteria relating to such
    8         assessment; requiring the State Board of Education to
    9         annually publish such assessments by a specified date;
   10         authorizing the State Board of Education to adopt
   11         rules; prohibiting the State Board of Education from
   12         shielding Florida College System institution students
   13         from certain speech; amending s. 1001.706, F.S.;
   14         defining terms; requiring the Board of Governors to
   15         require each state university to conduct an annual
   16         assessment related to intellectual freedom and
   17         viewpoint diversity; providing criteria relating to
   18         such assessment; requiring the Board of Governors to
   19         annually publish such assessments by a specified date;
   20         prohibiting the Board of Governors from shielding
   21         state university students from certain speech;
   22         amending s. 1004.097, F.S.; defining the term
   23         “shield”; providing that certain faculty
   24         communications are protected expressive activity;
   25         prohibiting specified entities from shielding
   26         students, faculty, or staff from certain speech;
   27         authorizing students at public postsecondary
   28         institutions to record video and audio in classrooms
   29         for specified purposes; prohibiting the publication of
   30         certain video or audio recordings; providing an
   31         exception; revising available remedies for certain
   32         causes of action to include damages; providing that
   33         such damages and specified costs and fees must be paid
   34         from nonstate funds; providing a cause of action
   35         against a person who publishes certain video or audio
   36         recordings; providing a limitation on the amount that
   37         can be recovered; amending s. 1004.26, F.S.; providing
   38         that state university student governments are subject
   39         to all applicable federal and state laws and
   40         regulations and the policies of the Board of Governors
   41         of the State University System and of the university;
   42         providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsection (19) is added to section 1001.03,
   47  Florida Statutes, to read:
   48         1001.03 Specific powers of State Board of Education.—
   49         (19) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   50  ASSESSMENT.—
   51         (a) For the purposes of this subsection, the term:
   52         1. “Intellectual freedom and viewpoint diversity” means the
   53  exposure of students to, and the encouragement of students’
   54  exploration of, a variety of ideological and political
   55  perspectives.
   56         2.Shield” means to limit students’ access to or
   57  observation of ideas and opinions they may find uncomfortable,
   58  unwelcome, disagreeable, or offensive.
   59         (b)The State Board of Education shall require each Florida
   60  College System institution to conduct an annual assessment of
   61  the intellectual freedom and viewpoint diversity at that
   62  institution. The state board shall select or create an
   63  objective, nonpartisan, and statistically valid survey to be
   64  used by each institution which considers the extent to which
   65  competing ideas and perspectives are presented and members of
   66  the college community feel free to express their beliefs and
   67  viewpoints on campus and in the classroom. The state board shall
   68  annually compile and publish the assessments by September 1 of
   69  each year, beginning on September 1, 2022. The state board may
   70  adopt rules to implement this paragraph.
   71         (c)The state board may not shield students at Florida
   72  College System institutions from free speech protected under the
   73  First Amendment to the United States Constitution and Art. I of
   74  the State Constitution.
   75         Section 2. Subsection (13) is added to section 1001.706,
   76  Florida Statutes, to read:
   77         1001.706 Powers and duties of the Board of Governors.—
   78         (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   79  ASSESSMENT.—
   80         (a) For the purposes of this subsection, the term:
   81         1. “Intellectual freedom and viewpoint diversity” means the
   82  exposure of students to, and the encouragement of students’
   83  exploration of, a variety of ideological and political
   84  perspectives.
   85         2.Shield” means to limit students’ access to or
   86  observation of ideas and opinions they may find uncomfortable,
   87  unwelcome, disagreeable, or offensive.
   88         (b)The Board of Governors shall require each state
   89  university to conduct an annual assessment of the intellectual
   90  freedom and viewpoint diversity at that institution. The Board
   91  of Governors shall select or create an objective, nonpartisan,
   92  and statistically valid survey to be used by each state
   93  university which considers the extent to which competing ideas
   94  and perspectives are presented and members of the university
   95  community feel free to express their beliefs and viewpoints on
   96  campus and in the classroom. The Board of Governors shall
   97  annually compile and publish the assessments by September 1 of
   98  each year, beginning on September 1, 2022.
   99         (c)The Board of Governors may not shield students at state
  100  universities from free speech protected under the First
  101  Amendment to the United States Constitution and Art. I of the
  102  State Constitution.
  103         Section 3. Paragraph (a) of subsection (3) and subsection
  104  (4) of section 1004.097, Florida Statutes, are amended, and
  105  paragraph (f) is added to subsection (2) and paragraphs (f) and
  106  (g) are added to subsection (3) of that section, to read:
  107         1004.097 Free expression on campus.—
  108         (2) DEFINITIONS.—As used in this section, the term:
  109         (f) “Shield” means to limit students’, faculty members’, or
  110  staff members’ access to, or observation of, ideas and opinions
  111  they may find uncomfortable, unwelcome, disagreeable, or
  112  offensive.
  113         (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
  114         (a) Expressive activities protected under the First
  115  Amendment to the United States Constitution and Art. I of the
  116  State Constitution include, but are not limited to, any lawful
  117  oral or written communication of ideas, including all forms of
  118  peaceful assembly, protests, and speeches; distributing
  119  literature; carrying signs; circulating petitions; faculty
  120  research, lectures, writings, and commentary, whether published
  121  or unpublished; and the recording and publication, including the
  122  Internet publication, of video or audio recorded in outdoor
  123  areas of campus. Expressive activities protected by this section
  124  do not include defamatory or commercial speech.
  125         (f) A Florida College System institution or a state
  126  university may not shield students, faculty, or staff from
  127  expressive activities.
  128         (g) Notwithstanding s. 934.03 and subject to the
  129  protections provided in the Family Educational Rights and
  130  Privacy Act of 1974, 20 U.S.C. s. 1232g and ss. 1002.22 and
  131  1002.225, a student may record video or audio of class lectures
  132  for their own personal educational use, in connection with a
  133  complaint to the public institution of higher education where
  134  the recording was made, or as evidence in, or in preparation
  135  for, a criminal or civil proceeding. A recorded lecture may not
  136  be published without the consent of the lecturer.
  137         (4) CAUSE OF ACTION.—A person injured by a violation of
  138  whose expressive rights are violated by an action prohibited
  139  under this section may bring an action:
  140         (a) Against a public institution of higher education based
  141  on the violation of the individual’s expressive rights in a
  142  court of competent jurisdiction to obtain declaratory and
  143  injunctive relief and may be entitled to damages plus court
  144  costs and reasonable attorney fees, which may only be paid from
  145  nonstate funds, reasonable court costs, and attorney fees.
  146         (b)Against a person who has published video or audio
  147  recorded in a classroom in violation of paragraph (3)(g) in a
  148  court of competent jurisdiction to obtain declaratory and
  149  injunctive relief and may be entitled to damages plus court
  150  costs and reasonable attorney fees, with the total recovery not
  151  to exceed $200,000.
  152         Section 4. Subsection (1) of section 1004.26, Florida
  153  Statutes, is amended to read:
  154         1004.26 University student governments.—
  155         (1) A student government is created on the main campus of
  156  each state university. In addition, each university board of
  157  trustees may establish a student government on any branch campus
  158  or center. Each student government is a part of the university
  159  at which it is established and is subject to all applicable
  160  federal and state laws and regulations and the policies of the
  161  Board of Governors of the State University System and of the
  162  university.
  163         Section 5. This act shall take effect July 1, 2021.