Florida Senate - 2025                                    SB 1250
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01887B-25                                          20251250__
    1                        A bill to be entitled                      
    2         An act relating to political activities on school
    3         grounds; creating s. 104.315, F.S.; defining terms;
    4         providing that certain activities are allowed on
    5         school grounds; authorizing that candidates may be
    6         invited to speak as candidates on school grounds if
    7         certain conditions are met; prohibiting certain
    8         political activities on school grounds; prohibiting
    9         certain employees from using e-mail, offices or time
   10         during work hours for political advocacy; providing
   11         criminal penalties for persons who violate specified
   12         provisions; providing that each such violation is a
   13         separate offense; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 104.315, Florida Statutes, is created to
   18  read:
   19         104.315Political activities on school grounds.—
   20         (1)As used in this section, the term:
   21         (a)“Candidate” has the same meaning as in s. 97.021 and
   22  includes a declared candidate, an incumbent who is presumed to
   23  be a future candidate, and any person whose possible candidacy
   24  is the subject of intense public speculation. The term does not
   25  include a person acting within his or her individual capacity
   26  who does not speak about politics or a campaign.
   27         (b)“Public office” includes any elective office.
   28         (c)“School grounds” means the buildings and grounds of any
   29  public K-12 school.
   30         (2)The following activities are allowed on school grounds:
   31         (a)Candidate forums or debates at which all qualified
   32  candidates for the office are invited.
   33         (b)Use of facilities on the same terms and conditions,
   34  including, but not limited to, financial, as are required of
   35  other users of such facilities.
   36         (c)Political advertisements under the same terms,
   37  including, but not limited to, financial, as are applied to
   38  other advertisements from outside groups allowed on school
   39  grounds.
   40         (d)Student newspaper editorials or candidate endorsements
   41  that include a disclaimer that the opinion is solely that of the
   42  author and is not the opinion or endorsement of the school or
   43  institution.
   44         (e)Voter registration and education events that do not
   45  involve a campaign or political party.
   46         (f)Inviting a candidate to speak in his or her individual
   47  capacity, and not as a candidate; however, such person may not
   48  speak about a campaign or any political issues.
   49         (3)A candidate may be invited to speak in his or her
   50  capacity as a candidate on school grounds only if:
   51         (a)All other candidates are invited to speak on school
   52  grounds. Such invitations do not need to be for the same event,
   53  place, or time, but must be similar events that take place at
   54  similar times. Documentation of such invitations must be
   55  preserved.
   56         (b)The introduction of such candidate includes a
   57  disclaimer that the school or institution does not endorse any
   58  candidate for public office.
   59         (4)The following political activities are prohibited on
   60  school grounds:
   61         (a)Posting campaign signs.
   62         (b)Distributing campaign literature.
   63         (c)Campaigning for or with candidates.
   64         (d)Any activity that may be reasonably expected to give
   65  the impression of support or endorsement of any particular
   66  candidate over another candidate.
   67         (e)Collecting campaign donations or contributions.
   68         (f)Voter registration events that involve a candidate or
   69  political party.
   70         (5)A faculty or staff member of any K-12 public school or
   71  a public institution of higher education as defined in s.
   72  1004.097(2) may not use e-mail, offices, or time during working
   73  hours for political advocacy.
   74         (6)(a)A person who violates this section commits a
   75  misdemeanor of the second degree, punishable as provided in s.
   76  775.082 or s. 775.083.
   77         (b)Each such violation is a separate offense.
   78         Section 2. This act shall take effect July 1, 2025.