Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 264
       
       
       
       
       
       
                                Ì194994]Î194994                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2021           .                                
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       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