Signed by Governor Ron DeSantis

Vote Smart's Synopsis:

Vote to pass a bill that requires Florida's public universities to conduct annual assessments on intellectual freedom and "viewpoint diversity."

Highlights:

• Requires the Florida College System institution, by the State Board of Education, to conduct an annual assessment of the intellectual freedom and viewpoint diversity at that institution (Sec. 1B).

• Requires the assessment created by the Florida College System to be objective, nonpartisan, statistically valid, and published by September 1 of each year, beginning September 1, 2022 (Sec. 1B).

• Prohibits the State Board of Education from shielding students, faculty, or staff at Florida College System institutions from free speech protected under the First Amendment (Sec. 1C).

• Requires the administration of an annual assessment of the intellectual freedom and viewpoint diversity at higher education institutions (Sec. 2B).

• Requires the assessment created by the Board of Governors to be objective, nonpartisan, statistically valid, and published by September 1 of each year, beginning September 1, 2022 (Sec. 1B).

• Prohibits the Board of Governors from shielding students, faculty, or staff at Florida College System institutions from free speech protected under the First Amendment (Sec. 2C).

• Prohibits a Florida College System institution or a state university from shielding students, faculty, or staff from expressive activities (Sec. 3F).

• Authorizes a student to record class lectures for their own personal educational use, but this recording may not be published without the consent of the lecturer (Sec. 2G).

• Authorizes a person injured by a violation to bring action against the following (Sec. 3.4):

• Against a public institution of higher education based on the violation of the individual’s expressive rights and may be entitled to damage plus court costs; and

• Against a person who has published a recording in a classroom.

• Requires each student government to adopt internal procedures providing an elected or appointed officer who has been disciplined the right to directly appeal this decision to senior university administrators designated to hear such appeals (Sec. 4D).

• Requires each Florida College System and state university institution to adopt a code of conduct and appropriate penalties for violations of rules or regulations by student organizations to be administered by the institution (Sec. 5.2).

• Requires the codes of conduct to be published on the Florida College System or state university's website, protect the rights of all students, and provide the following protections (Sec. 5.3):

• The right to a timely written notice;

• The right to a presumption that no violation occurred;

• The right to an impartial hearing officer;

• The right against self-incrimination and the right to remain silent, with silence not being used against the student or student organization;

• The right to present relevant information and question witnesses;

• The right to an advisor or advocate who may not serve in any other role;

• The right to appeal the final decision directly to the vice president of student affairs or any other senior administrator;

• The right to an accurate and complete record of every disciplinary proceeding relating to the charged violation of the code; and

• A provision setting a time limit for charging a student or student organization with a violation of the code of conduct.

• Authorizes each Florida College System and state university to adopt codes of appropriate penalties for violations of rules or regulations governing student academic honesty (Sec. 5.5).

• Authorizes each Florida College System and state university to adopt regulations for the lawful discipline of any student who intentionally acts to impair, interfere with, or obstruct the orderly conduct, processes, and functions of the institution (Sec. 5.6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires Florida's public universities to conduct annual assessments on intellectual freedom and "viewpoint diversity."

Highlights:

• Requires the Florida College System institution, by the State Board of Education, to conduct an annual assessment of the intellectual freedom and viewpoint diversity at that institution (Sec. 1B).

• Requires the assessment created by the Florida College System to be objective, nonpartisan, statistically valid, and published by September 1 of each year, beginning September 1, 2022 (Sec. 1B).

• Prohibits the State Board of Education from shielding students, faculty, or staff at Florida College System institutions from free speech protected under the First Amendment (Sec. 1C).

• Requires the administration of an annual assessment of the intellectual freedom and viewpoint diversity at higher education institutions (Sec. 2B).

• Requires the assessment created by the Board of Governors to be objective, nonpartisan, statistically valid, and published by September 1 of each year, beginning September 1, 2022 (Sec. 1B).

• Prohibits the Board of Governors from shielding students, faculty, or staff at Florida College System institutions from free speech protected under the First Amendment (Sec. 2C).

• Prohibits a Florida College System institution or a state university from shielding students, faculty, or staff from expressive activities (Sec. 3F).

• Authorizes a student to record class lectures for their own personal educational use, but this recording may not be published without the consent of the lecturer (Sec. 2G).

• Authorizes a person injured by a violation to bring action against the following (Sec. 3.4):

• Against a public institution of higher education based on the violation of the individual’s expressive rights and may be entitled to damage plus court costs; and

• Against a person who has published a recording in a classroom.

• Requires each student government to adopt internal procedures providing an elected or appointed officer who has been disciplined the right to directly appeal this decision to senior university administrators designated to hear such appeals (Sec. 4D).

• Requires each Florida College System and state university institution to adopt a code of conduct and appropriate penalties for violations of rules or regulations by student organizations to be administered by the institution (Sec. 5.2).

• Requires the codes of conduct to be published on the Florida College System or state university's website, protect the rights of all students, and provide the following protections (Sec. 5.3):

• The right to a timely written notice;

• The right to a presumption that no violation occurred;

• The right to an impartial hearing officer;

• The right against self-incrimination and the right to remain silent, with silence not being used against the student or student organization;

• The right to present relevant information and question witnesses;

• The right to an advisor or advocate who may not serve in any other role;

• The right to appeal the final decision directly to the vice president of student affairs or any other senior administrator;

• The right to an accurate and complete record of every disciplinary proceeding relating to the charged violation of the code; and

• A provision setting a time limit for charging a student or student organization with a violation of the code of conduct.

• Authorizes each Florida College System and state university to adopt codes of appropriate penalties for violations of rules or regulations governing student academic honesty (Sec. 5.5).

• Authorizes each Florida College System and state university to adopt regulations for the lawful discipline of any student who intentionally acts to impair, interfere with, or obstruct the orderly conduct, processes, and functions of the institution (Sec. 5.6).

Full Bill Text