Florida Senate - 2023                                     SB 324
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00503-23                                            2023324__
    1                        A bill to be entitled                      
    2         An act relating to education; amending ss. 1001.03 and
    3         1001.706, F.S.; deleting definitions; repealing a
    4         requirement that the State Board of Education and the
    5         Board of Governors, respectively, require each Florida
    6         College System (FCS) institution and state university
    7         to conduct an annual assessment of intellectual
    8         freedom and viewpoint diversity; repealing a
    9         prohibition against the state board and Board of
   10         Governors shielding students, faculty, or staff at FCS
   11         institutions and state universities from free speech;
   12         amending s. 1004.097, F.S.; deleting the definition of
   13         the term “shield”; repealing a prohibition on FCS
   14         institutions and state universities shielding
   15         students, faculty, or staff from expressive
   16         activities; repealing provisions authorizing a student
   17         to record certain video or audio; repealing
   18         authorization for a person injured by certain
   19         violations to bring an action against a person who has
   20         published certain video or audio; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (19) of section 1001.03, Florida
   26  Statutes, is amended to read:
   27         1001.03 Specific powers of State Board of Education.—
   28         (19) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   29  ASSESSMENT.—
   30         (a) For the purposes of this subsection, the term:
   31         1. “Intellectual freedom and viewpoint diversity” means the
   32  exposure of students, faculty, and staff to, and the
   33  encouragement of their exploration of, a variety of ideological
   34  and political perspectives.
   35         2. “Shield” means to limit students’, faculty members’, or
   36  staff members’ access to, or observation of, ideas and opinions
   37  that they may find uncomfortable, unwelcome, disagreeable, or
   38  offensive.
   39         (b) The State Board of Education shall require each Florida
   40  College System institution to conduct an annual assessment of
   41  the intellectual freedom and viewpoint diversity at that
   42  institution. The State Board of Education shall select or create
   43  an objective, nonpartisan, and statistically valid survey to be
   44  used by each institution which considers the extent to which
   45  competing ideas and perspectives are presented and members of
   46  the college community, including students, faculty, and staff,
   47  feel free to express their beliefs and viewpoints on campus and
   48  in the classroom. The State Board of Education shall annually
   49  compile and publish the assessments by September 1 of each year,
   50  beginning on September 1, 2022. The State Board of Education may
   51  adopt rules to implement this paragraph.
   52         (c) The State Board of Education may not shield students,
   53  faculty, or staff at Florida College System institutions from
   54  free speech protected under the First Amendment to the United
   55  States Constitution, Art. I of the State Constitution, or s.
   56  1004.097.
   57         Section 2. Subsection (13) of section 1001.706, Florida
   58  Statutes, is amended to read:
   59         1001.706 Powers and duties of the Board of Governors.—
   60         (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   61  ASSESSMENT.—
   62         (a) For the purposes of this subsection, the term:
   63         1. “Intellectual freedom and viewpoint diversity” means the
   64  exposure of students, faculty, and staff to, and the
   65  encouragement of their exploration of, a variety of ideological
   66  and political perspectives.
   67         2. “Shield” means to limit students’, faculty members’, or
   68  staff members’ access to, or observation of, ideas and opinions
   69  that they may find uncomfortable, unwelcome, disagreeable, or
   70  offensive.
   71         (b) The Board of Governors shall require each state
   72  university to conduct an annual assessment of the intellectual
   73  freedom and viewpoint diversity at that institution. The Board
   74  of Governors shall select or create an objective, nonpartisan,
   75  and statistically valid survey to be used by each state
   76  university which considers the extent to which competing ideas
   77  and perspectives are presented and members of the university
   78  community, including students, faculty, and staff, feel free to
   79  express their beliefs and viewpoints on campus and in the
   80  classroom. The Board of Governors shall annually compile and
   81  publish the assessments by September 1 of each year, beginning
   82  on September 1, 2022.
   83         (c) The Board of Governors may not shield students,
   84  faculty, or staff at state universities from free speech
   85  protected under the First Amendment to the United States
   86  Constitution, Art. I of the State Constitution, or s. 1004.97.
   87         Section 3. Paragraph (f) of subsection (2), paragraphs (f)
   88  and (g) of subsection (3), and subsection (4) of section
   89  1004.097, Florida Statutes, are amended to read:
   90         1004.097 Free expression on campus.—
   91         (2) DEFINITIONS.—As used in this section, the term:
   92         (f) “Shield” means to limit students’, faculty members’, or
   93  staff members’ access to, or observation of, ideas and opinions
   94  that they may find uncomfortable, unwelcome, disagreeable, or
   95  offensive.
   96         (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
   97         (f) A Florida College System institution or a state
   98  university may not shield students, faculty, or staff from
   99  expressive activities.
  100         (g) Notwithstanding s. 934.03 and subject to the
  101  protections provided in the Family Educational Rights and
  102  Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and
  103  1002.225, a student may record video or audio of class lectures
  104  for his or her own personal educational use, in connection with
  105  a complaint to the public institution of higher education where
  106  the recording was made, or as evidence in, or in preparation
  107  for, a criminal or civil proceeding. A recorded lecture may not
  108  be published without the consent of the lecturer.
  109         (4) CAUSE OF ACTION.—A person injured by a violation of
  110  this section may bring an action:
  111         (a) against a public institution of higher education based
  112  on the violation of the individual’s expressive rights in a
  113  court of competent jurisdiction to obtain declaratory and
  114  injunctive relief and may be entitled to damages plus court
  115  costs and reasonable attorney fees, which may only be paid from
  116  nonstate funds.
  117         (b) Against a person who has published video or audio
  118  recorded in a classroom in violation of paragraph (3)(g) in a
  119  court of competent jurisdiction to obtain declaratory and
  120  injunctive relief and may be entitled to damages plus court
  121  costs and reasonable attorney fees, with the total recovery not
  122  to exceed $200,000.
  123         Section 4. This act shall take effect July 1, 2023.