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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
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the following if the institution makes the campus available in a
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fair and equal manner to each political party and candidate:
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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
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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
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candidates for public office from campaigning, speaking, or
107
appearing on campus in any partisan political manner unless
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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
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Federation of College Republicans, and all other partisan
117
political organizations, from engaging or intervening in
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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
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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
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of communication by candidates for public office, current
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elected officials, campaign managers, members of their staff,
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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,
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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,
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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
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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.