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.