Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 264 Ì194994]Î194994 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/26/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education (Rodrigues) recommended the following: 1 Senate Amendment to Amendment (793606) (with title 2 amendment) 3 4 Delete lines 28 - 79 5 and insert: 6 each year, beginning on September 1, 2022. The state board may 7 adopt rules to implement this paragraph. 8 (c) The state board may not shield students at Florida 9 College System institutions from free speech protected under the 10 First Amendment to the United States Constitution and Art. I of 11 the State Constitution. 12 Section 2. Subsection (13) is added to section 1001.706, 13 Florida Statutes, to read: 14 1001.706 Powers and duties of the Board of Governors.— 15 (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY 16 ASSESSMENT.— 17 (a) For the purposes of this subsection, the term: 18 1. “Intellectual freedom and viewpoint diversity” means the 19 exposure of students to, and the encouragement of students’ 20 exploration of, a variety of ideological and political 21 perspectives. 22 2. “Shield” means to limit students’ access to or 23 observation of ideas and opinions they may find uncomfortable, 24 unwelcome, disagreeable, or offensive. 25 (b) The Board of Governors shall require each state 26 university to conduct an annual assessment of the intellectual 27 freedom and viewpoint diversity at that institution. The Board 28 of Governors shall select or create an objective, nonpartisan, 29 and statistically valid survey to be used by each state 30 university which considers the extent to which competing ideas 31 and perspectives are presented and members of the university 32 community feel free to express their beliefs and viewpoints on 33 campus and in the classroom. The Board of Governors shall 34 annually compile and publish the assessments by September 1 of 35 each year, beginning on September 1, 2022. 36 (c) The Board of Governors may not shield students at state 37 universities from free speech protected under the First 38 Amendment to the United States Constitution and Art. I of the 39 State Constitution. 40 Section 3. Paragraph (a) of subsection (3) of section 41 1004.097, Florida Statutes, is amended, and paragraph (f) of 42 subsection (2) and paragraph (f) of subsection (3) are added to 43 that section, to read: 44 1004.097 Free expression on campus.— 45 (2) DEFINITIONS.—As used in this section, the term: 46 (f) “Shield” means to limit students’ access to or 47 observation of ideas and opinions they may find uncomfortable, 48 unwelcome, disagreeable, or offensive. 49 (3) RIGHT TO FREE-SPEECH ACTIVITIES.— 50 (a) Expressive activities protected under the First 51 Amendment to the United States Constitution and Art. I of the 52 State Constitution include, but are not limited to, any lawful 53 oral or written communication of ideas, including all forms of 54 peaceful assembly, protests, and speeches; distributing 55 literature; carrying signs; circulating petitions; and, not 56 withstanding s. 934.03(1), the recording and publication, 57 including the Internet publication, of video or audio recorded 58 in outdoor areas of campus and in classrooms, subject to the 59 protections provided in the Family Educational Rights and 60 Privacy Act, 20 U.S.C. 1232g and ss. 1002.22 and 1002.225. 61 Expressive 62 63 ================= T I T L E A M E N D M E N T ================ 64 And the title is amended as follows: 65 Delete lines 99 - 113 66 and insert: 67 authorizing the State Board of Education to adopt 68 rules; prohibiting the State Board of Education from 69 shielding Florida College System institution students 70 from certain speech; amending s. 1001.706, F.S.; 71 defining terms; requiring the Board of Governors to 72 require each state university to conduct an annual 73 assessment related to intellectual freedom and 74 viewpoint diversity; providing criteria relating to 75 such assessment; requiring the Board of Governors to 76 annually publish such assessments by a specified date; 77 prohibiting the Board of Governors from shielding 78 state university students from certain speech; 79 amending s. 1004.097, F.S.; defining the term 80 “shield”; allowing students at public postsecondary 81 institutions to record certain audio and video in 82 classrooms, in classrooms, subject to certain federal 83 and state provisions; prohibiting Florida College 84 System