SB 1234 — Free Expression on Campus

Florida Senate - 2018 CS for SB 1234 By Senatorthe BaxleyCommittee 12-00788B-18 20181234__ A bill to be entitled An act relating to free expression on campus;Education;

and Senator Baxley 581-02905-18 20181234c1 A bill to be entitled An act relating to free expression on campus;

amending s.

1009.24, F.S.;

requiring student government associations to provide specified information to recognized student organizations that request funding;

requiring the organizations to maintain and prominently display on their websites certain information regarding such funding requests;

1319 Be It Enacted by the Legislature of the State of Florida:

1521 Section 1. This act may be cited as the “Campus Free Expression Act.” Section 2. Section 1004.097, Florida Statutes, is created to read:

(c) “Public institution of higher education” means any public technical center, state college, state university, law school, medical school, dental school, or other Florida College System institution as defined in s.

DAMAGES.— (a) The(a) If Attorneya Generalpublic institution of higher education or an individual acting on behalf of a personpublic whoseinstitution expressiveof rightshigher areeducation violatedwillfully violates a person’s expressive rights by an action prohibited under this sectionsection, the Attorney General or the person may bring an action in a court of competent jurisdiction against the public institution of higher education to recover compensatory damages,damages reasonableplus court costs,costs and a reasonable attorney fees.fee.

(b) IfIf the court finds that a violation of this section occurred, the court shall award the aggrieved party aat minimumleast of $500 for the initial violation plus an additional $50 for each day the violation remainsor ongoingshall startingaward thecompensatory daydamages. after the date the complaint is served on the public institution of higher education.

(c) Excluding(b) Excluding reasonable court costs and attorney fees, the total compensatory damages available to a plaintiff in a case arising from a single violation of this section may not exceed $100,000.

Section 3. This3. Paragraphs act(c) shalland take(d) effectare Julyadded 1,to 2018.subsection (10) of section 1009.24, Florida Statutes, to read:

1009.24 State university student fees.— (10) (c) In the interest of preserving viewpoint neutrality in the allocation of activity and service fees, a student government organization that receives a request for activity and service fee funding from a recognized student organization must provide a written explanation to the recognized student organization regarding its funding determination.

(d) Each student government association shall maintain on its website an organized record of the funding requests and awards it receives and disburses.

The record must contain the name of each organization that requested funds, the amount the organization requested, the amount the organization received, and the written explanation required in paragraph (c).

The record must be displayed prominently on the student government association’s website.

Section 4. This act shall take effect July 1, 2018.