Florida Senate - 2026 SB 1736
By Senator Harrell
31-01182-26 20261736__
1 A bill to be entitled
2 An act relating to political activity at public
3 institutions of higher education; creating s. 106.041,
4 F.S.; defining the term “public institution of higher
5 education”; requiring such institutions to promote
6 specified discussion and debates; requiring such
7 institutions to take specified actions relating to
8 candidates for public office; requiring certain
9 persons or entities to obtain prior approval from such
10 institutions before conducting specified political
11 activities on campus; prohibiting candidates for
12 office from taking specified actions; authorizing such
13 institutions to determine specified criteria for
14 political discussions and debates; requiring certain
15 nonpartisan organizations to provide certain
16 information to such institutions; creating s.
17 1004.0972, F.S.; defining the term “public institution
18 of higher education”; requiring such institutions to
19 establish policies for political activities on the
20 campuses of such institutions; specifying requirements
21 for such policies; specifying requirements for
22 political student organizations at such institutions;
23 providing prohibitions on the use of certain
24 institutional resources by employees; providing
25 applicability and construction; requiring the State
26 Board of Education and the Board of Governors of the
27 State University System to monitor compliance with
28 specified provisions and authorizing such boards to
29 adopt rules and regulations, respectively; providing
30 reporting requirements for such institutions to the
31 Department of State, the State Board of Education, the
32 Board of Governors, and certain county supervisors of
33 elections; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 106.041, Florida Statutes, is created to
38 read:
39 106.041 Political activity at public institutions of higher
40 education.—
41 (1) For purposes of this section, the term “public
42 institution of higher education” has the same meaning as in s.
43 1004.097(2).
44 (2) Each public institution of higher education shall make
45 reasonable and good faith efforts, through its office of public
46 policy or other designated department, to promote thoughtful and
47 engaging discussions and debates during federal, state, and
48 municipal election cycles, encouraging dialogue on a broad range
49 of political issues.
50 (3) When any candidate for public office requests access to
51 participate in a discussion, debate, or related event, the
52 public institution of higher education shall provide equitable
53 access to all qualified candidates for that same office. The
54 institution may also grant access to other political figures who
55 are not currently candidates for public office but who request
56 to engage in campus discussions or events. The following persons
57 must request and obtain prior approval from the institution
58 before engaging in any on-campus conversations, debates, or
59 political activities:
60 (a) Candidates for public office in a current election
61 cycle.
62 (b) Elected officials currently serving in office.
63 (c) Political committees.
64 (d) Political parties, whether major or minor.
65 (e) Lobbyists, as defined s. 11.045.
66 (f) Political organizations and websites.
67 (g) Campaign managers or staff for candidates for public
68 office.
69 (4) Candidates for public office are strictly prohibited
70 from holding partisan voter registration events on the campus of
71 a public institution of higher education or using institution
72 property, e-mails, websites, print or broadcast media, and all
73 other communication methods of the institution for campaign
74 related activities.
75 (5) Each public institution of higher education may
76 determine the format, timing, and structure of all political
77 discussions and debates to ensure equitable representation and
78 balanced visibility for candidates from all political parties.
79 (6) An organization maintaining that it is nonpartisan must
80 provide the public institution of higher education, in advance
81 of any campus activity, with a copy of its current and valid
82 registration as a third-party voter registration organization.
83 Section 2. Section 1004.0972, Florida Statutes, is created
84 to read:
85 1004.0972 Public institutions of higher education
86 requirements for political activities.—
87 (1) For purposes of this section, the term “public
88 institution of higher education” has the same meaning as in s.
89 1004.097(2).
90 (2) Pursuant to s. 106.041 and state law, each public
91 institution of higher education shall establish policies for
92 political activities on the campus of the institution. Such
93 policies must:
94 (a) Allow for voter registration drives on campus by all of
95 the following if the institution makes the campus available in a
96 fair and equal manner to each political party and candidate:
97 1. A political party.
98 2. A political committee.
99 3. A candidate for public office, if such voter
100 registration drive is not partisan.
101 4. A nonpartisan political committee, a political
102 organization, or any other partisan entity. The nonpartisan
103 political committee, political organization, or other partisan
104 entity must be approved in advance by the institution.
105 (b) Prohibit political parties, political committees, and
106 candidates for public office from campaigning, speaking, or
107 appearing on campus in any partisan political manner unless
108 equal access and time is given to each political party, and each
109 political committee and candidate running for such public office
110 appears simultaneously, or if unavailable, appears with equal
111 access and an equal timeframe at an alternative event. This
112 paragraph does not apply to a candidate engaging in a non
113 campaign related event or visiting on a personal basis.
114 (c) Prohibit registered student organizations, including,
115 but not limited to, Florida College Democrats, Florida
116 Federation of College Republicans, and all other partisan
117 political organizations, from engaging or intervening in
118 political campaigns or appearing with a candidate for public
119 office on campus, unless such event is previously registered
120 with and approved in advance by the institution.
121 (d) May impose additional restrictions on the number and
122 location of signs political candidates may place on the campus.
123 (e) Prohibit the use of institution-issued e-mails for use
124 by political campaigns, political messaging, and all other forms
125 of communication by candidates for public office, current
126 elected officials, campaign managers, members of their staff,
127 volunteers for political campaigns, or any other political
128 entity. An institution’s e-mail is the property of the
129 institution and funded with taxpayers’ dollars. The use of such
130 e-mail for political gain on behalf of a candidate for office or
131 a campaign constitutes fraud and is subject to state and federal
132 law.
133 (f) Prohibit the use of institution property, including
134 classrooms, lecture halls, offices, electronic and nonelectronic
135 signage, golf carts, and furniture, whether borrowed, leased, or
136 rented, for political campaigns, voter registration drives,
137 transporting voters to voting locations, and all other political
138 activities by candidates for public office, elected officials,
139 political committees, partisan political campaigns and their
140 staff, or any other political entity.
141 (g) Allow the distribution of flyers freely, spontaneously,
142 and contemporaneously without individuals needing prior approval
143 if such distribution takes place in an outdoor area. An
144 institution may enforce reasonable restrictions on the time,
145 place, and manner of distribution of such flyers if they are to
146 be distributed indoors. Such restrictions must be content
147 neutral and narrowly tailored to a significant institutional
148 interest.
149 (h) Prohibit the use of the institution’s logos, broadcast
150 or print media, websites, social media platforms, university
151 press publications, university journals, pamphlets, and all
152 other forms of communication by candidates for public office,
153 elected officials, political committees, political parties, or a
154 political party’s campaign manager, staff, or volunteers for the
155 purpose of debates, voter registration drives, voting location
156 transportation, candidate meet and greets, or any other
157 political activity unless equal access and time is given to each
158 candidate for public office, elected official, political
159 committee, or political party simultaneously. Publishing or
160 transmitting, by any of the above communication methods,
161 coverage of a candidate for public office or an elected official
162 for a nonpolitical purpose shall include a disclaimer that the
163 media coverage is the personal opinion of the writer and does
164 not constitute an official endorsement or support for such
165 candidate or official by the institution.
166 (i) May allow political events such as lectures, debates,
167 and conversations to be held by the institution during the
168 election cycle. Such events must be conducted through an
169 institution’s office of public policy or other designated
170 department, must follow state and federal law to conduct
171 nonpartisan activities, and include all qualified candidates for
172 specific public offices. If not all candidates are available,
173 the institution must provide equal access to other candidates at
174 an alternative time, without which the event may not be held.
175 (j) Provide a mechanism for oversight of voter registration
176 drives, debates, meet and greets, and any other political
177 events. The policy must provide a process for the institution to
178 make available to the student population all such voter
179 registration drives, debates, meet and greets, and any other
180 political events to ensure full nonpartisan conversations,
181 engagement, and compliance with state and federal law.
182 (k) Provide annual training to the institution’s
183 administration, faculty, and staff regarding this section and
184 state and federal laws relating to the activities listed in this
185 section.
186 (3) If a student organization for one of the two major
187 political parties is organized at a public institution of higher
188 education, then the other major political party must be
189 organized on equal terms. The institution shall approve a staff
190 member to sponsor each organization or designate two students to
191 cosponsor the organization.
192 (4) An employee of a public institution of higher
193 education, including, but not limited to, an administrator, a
194 faculty member, and a staff member, who files as a candidate for
195 any federal, state, or municipal elected office may not use e
196 mail, offices, or time during working hours for campaign-related
197 activities, including campaigning, displaying campaign materials
198 on campus, or using institution property, equipment, or
199 communications to solicit political support or to campaign or
200 use his or her position of power or state media platforms for
201 political advancement on campus. An institution employee’s
202 participation in the political process is limited only when he
203 or she is performing his or her professional duties as an
204 employee of the institution. This subsection does not apply to
205 the rights of an institution’s employee who is engaging in
206 political activities during his or her personal time, unless
207 such activities take place on campus.
208 (5)(a) This section does not apply to a county supervisor
209 of elections who uses a public institution of higher education’s
210 campus facilities as a polling place during any scheduled or
211 special election cycle.
212 (b) This section does not apply to a student residing on
213 campus. He or she may post signage in his or her personal rented
214 rooms and spaces.
215 (c) This section may not be construed to infringe on any
216 rights under s. 1004.097.
217 (6) The State Board of Education and the Board of Governors
218 shall monitor compliance with this section and state and federal
219 law with an emphasis on equal access to both major political
220 parties and any other minor parties relating to elections,
221 campaigns, voter registrations, and voter transportation drives.
222 (7) Following each election cycle, each public institution
223 of higher education shall provide a report of its campaign
224 activities, including confirming that no political activities
225 took place on the institution’s campuses, to the Department of
226 State, the State Board of Education, or the Board of Governors,
227 as appropriate, and its county supervisor of elections to
228 provide proof of compliance with this section and state and
229 federal law.
230 (8) The State Board of Education and the Board of Governors
231 shall adopt rules and regulations, respectively, to administer
232 this section.
233 Section 3. This act shall take effect July 1, 2026.