SB 264 — Higher Education

Florida Senate - 2021 CS for CS for SB 264 By the CommitteesCommittee on Appropriations;Education;

and Education;Senator Rodrigues 581-01284-21 2021264c1 A bill to be entitled An act relating to higher education;

and Senator Rodrigues 576-03046-21 2021264c2 A bill to be entitled An act relating to higher education;

providingallowing thatstudents at public postsecondary institutions to record certain facultyaudio communicationsand arevideo protectedin expressiveclassrooms, activity;subject to certain federal and state provisions;

prohibiting specifiedFlorida entitiesCollege fromSystem shieldinginstitutions students,or faculty,state oruniversities stafffrom shielding students from certainexpressive speech;activities;

authorizing students at public postsecondary institutions to record video and audio in classrooms for specified purposes;

prohibiting the publication of certain video or audio recordings;

providing an exception;

revising available remedies for certain causes of action to include damages;

providing that such damages and specified costs and fees must be paid from nonstate funds;

providing a cause of action against a person who publishes certain video or audio recordings;

providing a limitation on the amount that can be recovered;

amending s.

1004.26, F.S.;

providing that state university student governments are subject to all applicable federal and state laws and regulations and the policies of the Board of Governors of the State University System and of the university;

4431 Be It Enacted by the Legislature of the State of Florida:

4633 Section 1. Subsection (19) is added to section 1001.03, Florida Statutes, to read:

Section 3. Paragraph (a) of subsection (3) and subsection (4) of section 1004.097, Florida Statutes, areis amended, and paragraph (f) isof added to subsection (2) and paragraphsparagraph (f) andof (g)subsection (3) are added to subsection (3) of that section, to read:

(f) “Shield” means to limit students’,students’ faculty members’, or staff members’ access to,to or observation of,of ideas and opinions they may find uncomfortable, unwelcome, disagreeable, or offensive.

facultyand, research,not lectures,withstanding writings,s. and commentary, whether published or unpublished;

and934.03(1), the recording and publication, including the Internet publication, of video or audio recorded in outdoor areas of campus.campus and in classrooms, subject to the protections provided in the Family Educational Rights and Privacy Act, 20 U.S.C.

Expressive activities protected by this section do not include defamatory or commercial speech.

(f) A Florida College System institution or a state university may not shield students, faculty, or staff from expressive activities.

(g) Notwithstanding s.

934.03 and subject to the protections provided in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

s.

1002.22 and 1002.225,1002.225. a student may record video or audio of class lectures for their own personal educational use, in connection with a complaint to the public institution of higher education where the recording was made, or as evidence in, or in preparation for, a criminal or civil proceeding.

AExpressive recordedactivities lectureprotected mayby notthis besection publisheddo withoutnot theinclude consentcommercial ofspeech. the lecturer.

(4) CAUSE(f) A OFFlorida ACTION.—ACollege personSystem injuredinstitution byor a violationstate ofuniversity whosemay expressivenot rightsshield arestudents violatedfrom byexpressive anactivities. action prohibited under this section may bring an action:

(a) AgainstSection a4. This publicact institutionshall oftake highereffect educationJuly based1, on2021. the violation of the individual’s expressive rights in a court of competent jurisdiction to obtain declaratory and injunctive relief and may be entitled to damages plus court costs and reasonable attorney fees, which may only be paid from nonstate funds, reasonable court costs, and attorney fees.

(b) Against a person who has published video or audio recorded in a classroom in violation of paragraph (3)(g) in a court of competent jurisdiction to obtain declaratory and injunctive relief and may be entitled to damages plus court costs and reasonable attorney fees, with the total recovery not to exceed $200,000.

Section 4. Subsection (1) of section 1004.26, Florida Statutes, is amended to read:

1004.26 University student governments.— (1) A student government is created on the main campus of each state university.

In addition, each university board of trustees may establish a student government on any branch campus or center.

Each student government is a part of the university at which it is established and is subject to all applicable federal and state laws and regulations and the policies of the Board of Governors of the State University System and of the university.

Section 5. This act shall take effect July 1, 2021.