F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 311 2023
1 A bill to be entitled
2 An act relating to postsecondary intellectual freedom
3 and viewpoint diversity; amending ss. 1001.03 and
4 1001.706, F.S.; removing provisions relating to an
5 intellectual freedom and viewpoint diversity
6 assessment within Florida College System institutions
7 and state universities; removing a prohibition against
8 the State Board of Education and Board of Governors
9 from shielding specified individuals from free spe ech;
10 amending s. 1004.097, F.S.; removing a prohibition
11 against the State Board of Education and Board of
12 Governors from shielding specified individuals from
13 access to or observation of certain ideas and
14 opinions; removing an authorization for students to
15 record video or audio of class lectures for specified
16 purposes; removing an authorization to bring specified
17 actions related to injuries from such video or audio
18 recordings; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (19) of section 1001.03, Florida
23 Statutes, is amended to read:
24 1001.03 Specific powers of State Board of Education. —
25 (19) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
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26 ASSESSMENT.—
27 (a) For the purposes of this subsection, The term:
28 1. "Intellectual freedom and viewpoint diversity" means
29 the exposure of students, faculty, and staff to, and the
30 encouragement of their exploration of, a variety of ideological
31 and political perspectives.
32 2. "Shield" means to limit students', faculty members', or
33 staff members' access to, or observation of, ideas and opinions
34 that they may find uncomfortable, unwelcome, disagreeable, or
35 offensive.
36 (b) The State Board of Education shall require each
37 Florida College System institution to conduct an annual
38 assessment of the intellectual freedom and viewpoint diversity
39 at that institution. The State Board of Education shall select
40 or create an objective, nonpartisan, and statistically valid
41 survey to be used by each institution which considers the extent
42 to which competing ideas and perspectives are presented and
43 members of the college community, including students, faculty,
44 and staff, feel free to express their beliefs and viewpoints on
45 campus and in the classroom. The State Board of Education shall
46 annually compile and publish the assessments by September 1 of
47 each year, beginning on September 1, 2022. The State Board of
48 Education may adopt rules to implement this paragraph.
49 (c) The State Board of Education may not shield students,
50 faculty, or staff at Florida College System institutions from
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51 free speech protected under the First Amendment to the United
52 States Constitution, Art. I of the State Constitution, or s.
53 1004.097.
54 Section 2. Subsection (13) of section 1001.706, Florida
55 Statutes, is amended to read:
56 1001.706 Powers and duties of the Board of Governors.—
57 (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
58 ASSESSMENT.—
59 (a) For the purposes of this subsection, The term:
60 1. "Intellectual freedom and viewpoint diversity" means
61 the exposure of students, faculty, and staff to, and the
62 encouragement of their exploration of, a variety of ideological
63 and political perspectives.
64 2. "Shield" means to limit students', faculty members', or
65 staff members' access to, or observation of, ideas and opinions
66 that they may find uncomfortable, unwelcome, disagreeable, or
67 offensive.
68 (b) The Board of Governors shall require each state
69 university to conduct an annual assessment of the intellectual
70 freedom and viewpoint diversity at that institution. The Board
71 of Governors shall select or create an objective, nonpartisan,
72 and statistically valid survey to be used by each state
73 university which considers the extent to which competing ideas
74 and perspectives are presented and members of the university
75 community, including students, faculty, and staff, feel free to
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76 express their beliefs and viewpoints on campus and in the
77 classroom. The Board of Governors shall annually compile and
78 publish the assessments by September 1 of each year, beginning
79 on September 1, 2022.
80 (c) The Board of Governors may not shield students,
81 faculty, or staff at state universities from free speech
82 protected under the First Amendment to the United States
83 Constitution, Art. I of the State Constitution, or s. 1004.97.
84 Section 3. Paragraph (f) of subsection (2), paragraphs (f)
85 and (g) of subsection (3), and subsection (4) of section
86 1004.097, Florida Statutes, are amended to read:
87 1004.097 Free expression on campus.—
88 (2) DEFINITIONS.—As used in this section, the term:
89 (f) "Shield" means to limit students', faculty members',
90 or staff members' access to, or observation of, ideas and
91 opinions that they may find uncomfortable, unwelcome,
92 disagreeable, or offensive.
93 (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
94 (f) A Florida College System institution or a state
95 university may not shield students, faculty, or staff from
96 expressive activities.
97 (g) Notwithstanding s. 934.03 and subject to the
98 protections provided in the Family Educational Rights and
99 Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and
100 1002.225, a student may record video or audio of class lectures
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101 for his or her own personal educational use, in connection with
102 a complaint to the public institution of higher education where
103 the recording was made, or as evidence in, or in preparation
104 for, a criminal or civil proceeding. A recorded lecture may not
105 be published without the consent of the lecturer.
106 (4) CAUSE OF ACTION.—A person injured by a violation of
107 this section may bring an action:
108 (a) against a public institution of higher education based
109 on the violation of the individual's expressive rights in a
110 court of competent jurisdiction to obtain declaratory and
111 injunctive relief and may be entitled to damages plus court
112 costs and reasonable attorney fees, which may only be paid from
113 nonstate funds.
114 (b) Against a person who has published video or audio
115 recorded in a classroom in violation of paragraph (3)(g) in a
116 court of competent jurisdiction to obtain declaratory and
117 injunctive relief and may be entitled to damages plus court
118 costs and reasonable attorney fees, with the total recovery not
119 to exceed $200,000.
120 Section 4. This act shall take effect July 1, 2023.
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Statutes affected: H 311 Filed: 1001.03, 1001.706