Florida Senate - 2021                              CS for SB 264
       
       
        
       By the Committee on Education; and Senator Rodrigues
       
       
       
       
       
       581-01284-21                                           2021264c1
    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”; allowing students at public postsecondary
   24         institutions to record certain audio and video in
   25         classrooms, subject to certain federal and state
   26         provisions; prohibiting Florida College System
   27         institutions or state universities from shielding
   28         students from expressive activities; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (19) is added to section 1001.03,
   34  Florida Statutes, to read:
   35         1001.03 Specific powers of State Board of Education.—
   36         (19) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   37  ASSESSMENT.—
   38         (a) For the purposes of this subsection, the term:
   39         1. “Intellectual freedom and viewpoint diversity” means the
   40  exposure of students to, and the encouragement of students’
   41  exploration of, a variety of ideological and political
   42  perspectives.
   43         2.Shield” means to limit students’ access to or
   44  observation of ideas and opinions they may find uncomfortable,
   45  unwelcome, disagreeable, or offensive.
   46         (b)The State Board of Education shall require each Florida
   47  College System institution to conduct an annual assessment of
   48  the intellectual freedom and viewpoint diversity at that
   49  institution. The state board shall select or create an
   50  objective, nonpartisan, and statistically valid survey to be
   51  used by each institution which considers the extent to which
   52  competing ideas and perspectives are presented and members of
   53  the college community feel free to express their beliefs and
   54  viewpoints on campus and in the classroom. The state board shall
   55  annually compile and publish the assessments by September 1 of
   56  each year, beginning on September 1, 2022. The state board may
   57  adopt rules to implement this paragraph.
   58         (c)The state board may not shield students at Florida
   59  College System institutions from free speech protected under the
   60  First Amendment to the United States Constitution and Art. I of
   61  the State Constitution.
   62         Section 2. Subsection (13) is added to section 1001.706,
   63  Florida Statutes, to read:
   64         1001.706 Powers and duties of the Board of Governors.—
   65         (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   66  ASSESSMENT.—
   67         (a) For the purposes of this subsection, the term:
   68         1. “Intellectual freedom and viewpoint diversity” means the
   69  exposure of students to, and the encouragement of students’
   70  exploration of, a variety of ideological and political
   71  perspectives.
   72         2.Shield” means to limit students’ access to or
   73  observation of ideas and opinions they may find uncomfortable,
   74  unwelcome, disagreeable, or offensive.
   75         (b)The Board of Governors shall require each state
   76  university to conduct an annual assessment of the intellectual
   77  freedom and viewpoint diversity at that institution. The Board
   78  of Governors shall select or create an objective, nonpartisan,
   79  and statistically valid survey to be used by each state
   80  university which considers the extent to which competing ideas
   81  and perspectives are presented and members of the university
   82  community feel free to express their beliefs and viewpoints on
   83  campus and in the classroom. The Board of Governors shall
   84  annually compile and publish the assessments by September 1 of
   85  each year, beginning on September 1, 2022.
   86         (c)The Board of Governors may not shield students at state
   87  universities from free speech protected under the First
   88  Amendment to the United States Constitution and Art. I of the
   89  State Constitution.
   90         Section 3. Paragraph (a) of subsection (3) of section
   91  1004.097, Florida Statutes, is amended, and paragraph (f) of
   92  subsection (2) and paragraph (f) of subsection (3) are added to
   93  that section, to read:
   94         1004.097 Free expression on campus.—
   95         (2) DEFINITIONS.—As used in this section, the term:
   96         (f) “Shield” means to limit students’ access to or
   97  observation of ideas and opinions they may find uncomfortable,
   98  unwelcome, disagreeable, or offensive.
   99         (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
  100         (a) Expressive activities protected under the First
  101  Amendment to the United States Constitution and Art. I of the
  102  State Constitution include, but are not limited to, any lawful
  103  oral or written communication of ideas, including all forms of
  104  peaceful assembly, protests, and speeches; distributing
  105  literature; carrying signs; circulating petitions; and, not
  106  withstanding s. 934.03(1), the recording and publication,
  107  including the Internet publication, of video or audio recorded
  108  in outdoor areas of campus and in classrooms, subject to the
  109  protections provided in the Family Educational Rights and
  110  Privacy Act, 20 U.S.C. 1232g and ss. 1002.22 and 1002.225.
  111  Expressive activities protected by this section do not include
  112  commercial speech.
  113         (f) A Florida College System institution or a state
  114  university may not shield students from expressive activities.
  115         Section 4. This act shall take effect July 1, 2021.