SESSION WATCH
THE BILL ITSELF

CS/CS/HB 1471

Systems of Law and Terrorist Organizations

VERSION H 1471 er · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

2 An act relating to systems of law and terrorist
3 organizations; providing legislative intent and
4 findings; creating s. 2.05, F.S.; defining the terms
5 "foreign law" and "religious law"; prohibiting the
6 application or enforcement of certain laws or contract
7 clauses; providing exceptions; providing
8 applicability; amending s. 617.1420, F.S.; providing
9 that the Department of State may administratively
10 dissolve a corporation that has been designated as a
11 terrorist organization in certain situations; amending
12 s. 775.30, F.S.; defining the term "domestic terrorist
13 organization"; amending s. 775.32, F.S.; defining the
14 term "domestic terrorist organization"; providing that
15 a person who receives military training from a
16 domestic terrorist organization in certain situations
17 commits a specified crime; amending s. 775.33, F.S.;
18 defining the term "domestic terrorist organization";
19 providing a person who knowingly provides or attempts
20 or conspires to provide material support or resources
21 to a domestic terrorist organization commits a
22 specified crime; amending s. 775.34, F.S.; defining
23 the term "domestic terrorist organization"; providing
24 that a person who willfully becomes a member of a
25 domestic terrorist organization and serves under the
26 direction or control of such organization with a
27 specified intent commits a specified crime; amending
28 s. 874.03, F.S.; revising the definition of "terrorist
29 organization" to include a foreign terrorist
30 organization and a domestic terrorist organization;
31 creating s. 943.03102, F.S.; authorizing the Chief of
32 Domestic Security to designate an organization a
33 domestic terrorist organization or a foreign terrorist
34 organization if certain requirements are met;
35 requiring the Chief to maintain and publish on the
36 Department of Law Enforcement's website a current list
37 of such organizations; requiring the Chief to review
38 each designation within a specified time period;
39 requiring the Chief to provide specified written
40 notice to the Governor, the Cabinet, and the
41 organization of the designation; requiring that
42 certain meeting materials be published and made
43 publicly available if the Governor and Cabinet hold a
44 meeting to consider the notice of intent; providing
45 that the Governor and the Cabinet may by a majority
46 vote approve or reject the designation; requiring the
47 Chief to publish such designation in the Florida
48 Administrative Register within a specified time period
49 after approval of the designation by the Governor and
50 the Cabinet; authorizing a designated organization to
51 seek judicial review; prohibiting a court from
52 compelling the public disclosure of certain documents;
53 providing for removal of such designation in certain
54 circumstances; prohibiting state agencies, political
55 subdivisions, and public school districts from
56 expending certain public funds to support an
57 organization designated as a domestic terrorist
58 organization or a foreign terrorist organization,
59 contracting with a foreign terrorist organization or a
60 domestic terrorist organization, or accepting funds
61 from such organizations; providing construction;
62 requiring the Department of Law Enforcement to adopt
63 rules; amending s. 1002.421, F.S.; revising
64 eligibility and obligations of private schools that
65 participate in the state school choice scholarship
66 program; creating s. 1003.035, F.S.; prohibiting a
67 public school from expending certain funds to promote,
68 support, or maintain certain programs or activities;
69 amending s. 1004.06, F.S.; prohibiting certain
70 institutions from expending public funds to promote,
71 support, or maintain programs or campus activities
72 that advocate for domestic terrorist organizations or
73 foreign terrorist organizations; authorizing the
74 withholding of specified funding of certain
75 institutions; amending s. 1006.61, F.S.; requiring
76 public postsecondary educational institutions to
77 report specified information of a student in certain
78 circumstances; requiring immediate expulsion of such
79 student from the institution; defining the term
80 "promote"; amending s. 1009.01, F.S.; providing
81 definitions; amending ss. 1009.23 and 1009.24, F.S.;
82 requiring that certain students of Florida College
83 System institutions and state universities,
84 respectively, be immediately expelled and assessed
85 out-of-state fees after a determination has been made
86 such students have promoted a domestic terrorist
87 organization or a foreign terrorist organization;
88 amending s. 1009.26, F.S.; providing that certain
89 students of school districts and Florida College
90 System institutions are ineligible for specified fee
91 waivers; creating s. 1009.8963, F.S.; prohibiting
92 students who promote domestic terrorist organization
93 or foreign terrorist organizations from being awarded
94 certain public institution funds; providing an
95 effective date.
97 WHEREAS, the Legislature finds that the United States
98 and Florida Constitutions guarantee the free exercise of
99 religion and that the United States and the State of
100 Florida have a long and cherished history of protecting
101 religious freedom, and
102 WHEREAS, the United States Supreme Court has
103 acknowledged that the United States Constitution does not
104 prohibit public authorities from regulating conduct or
105 actions, even if motivated by religion, that "have
106 invariably posed some substantial threat to public safety,
107 peace or order," Sherbert v. Verner, 374 U.S. 398, 403
108 (1963), and
109 WHEREAS, Section 3, Article I of the State
110 Constitution provides that "[r]eligious freedom shall not
111 justify practices inconsistent with public morals, peace or
112 safety," and
113 WHEREAS, the Legislature finds that certain practices
114 inherent in some foreign laws or foreign legal systems
115 violate fundamental due process rights, deny equal
116 protection of the laws based on sex or religious belief, or
117 authorize cruel and unusual punishments, and that such
118 practices are incompatible with the United States and
119 Florida Constitutions, and
120 WHEREAS, practices of some foreign laws or religious
121 laws that are incompatible with the United States
122 Constitution, the State Constitution, or are repugnant to
123 fundamental principles of what is decent and just include,
124 but are not limited, to practices that limit the testimony
125 or weight of a woman's testimony in judicial proceedings
126 and practices that limit the testimony or weight of a
127 person's testimony in judicial proceedings due to the
128 person's religious beliefs, and
129 WHEREAS, the Legislature has determined that a public
130 or private authority or tribunal in the State of Florida
131 should not apply any foreign law or enforce any foreign
132 judgment or order or contractual choice of law or forum
133 selection provision that would result in a violation of a
134 person's rights guaranteed by the United States
135 Constitution or the State Constitution, NOW, THEREFORE,
137 Be It Enacted by the Legislature of the State of Florida:
139 Section 1. Section 2.05, Florida Statutes, is created to
140 read:
141 2.05 Application of religious or foreign law.—
142 (1) For purposes of this section, the term:
143 (a) "Foreign law" means a legal code or formal system of
144 law of a foreign country or nation, or of an international
145 organization.
146 (b) "Religious law" means a legal code or formal system of
147 law that is associated with a religion and is based on the
148 sacred texts or traditions of such religion. The term includes
149 Sharia law.
150 (2) Notwithstanding subsection (1), the terms "foreign
151 law" and "religious law" do not include the following:
152 (a) The natural law or natural rights, as such law or
153 rights are understood within the legal tradition of the United
154 States or this state.
155 (b) A provision of the United States Constitution or a
156 constitution of one of the several states.
157 (c) A provision of federal or state law.
158 (d) The common law, including the common law as described
159 in s. 2.01.
160 (e) A provision of law of a Native American tribe within a
161 state or territory of the United States.
162 (f) A treaty that has been ratified by the United States
163 and is in effect.
164 (3) A court, administrative law judge, hearing officer,
165 agency, arbitration panel, or any other authority or tribunal
166 established by law or agreement of the parties may not apply any
167 provision of foreign law or religious law that would result in a
168 violation of a person's rights guaranteed by the United States
169 Constitution or the State Constitution.
170 (4) A court may not enforce a foreign judgment or order
171 that is the result of the application of any provision of
172 foreign law or religious law which is inconsistent with a
173 person's rights guaranteed by the United States Constitution or
174 the State Constitution or which violates the public policy of
175 the United States or this state by being repugnant to
176 fundamental principles of what is decent and just.
177 (5) A court, administrative law judge, hearing officer,
178 agency, arbitration panel, or any other authority or tribunal
179 established by law or agreement of the parties may not enforce a
180 choice of law clause of a contract to the extent that the
181 provision will result in a violation of a person's rights
182 guaranteed by the United States Constitution or the State
183 Constitution.
184 (6) A court may not enforce a forum selection clause of a
185 contract which will likely result in the violation of a person's
186 rights guaranteed by the United States Constitution or the State
187 Constitution.
188 (7) This section does not apply to the governance,
189 administration, or adjudication of ecclesiastical matters of a
190 religious organization, including, but not limited to:
191 (a) The selection, appointment, discipline, or removal of
192 employees or clergy.
193 (b) The interpretation of doctrine.
194 Section 2. Subsection (1) of section 617.1420, Florida
195 Statutes, is amended to read:
196 617.1420 Grounds for administrative dissolution.—
197 (1) The Department of State may commence a proceeding
198 under s. 617.1421 to administratively dissolve a corporation if:
199 (a) The corporation has failed to file its annual report
200 and pay the annual report filing fee by 5 p.m. Eastern Time on
201 the third Friday in September;
202 (b) The corporation is without a registered agent or
203 registered office in this state for 30 days or more;
204 (c) The corporation does not notify the Department of
205 State within 30 days after its registered agent or registered
206 office has been changed, after its registered agent has
207 resigned, or after its registered office has been discontinued;
208 (d) The corporation has failed to answer truthfully and
209 fully, within the time prescribed by this act, interrogatories
210 propounded by the Department of State; or
211 (e) The corporation's period of duration stated in its
212 articles of incorporation has expired; or
213 (f) The corporation has been designated as a domestic
214 terrorist organization or foreign terrorist organization
215 pursuant to s. 943.03102, such designation has been published in
216 the Florida Administrative Register, and any timely judicial
217 challenge under that section has been resolved against the
218 organization.
219 Section 3. Subsections (1) and (3) of section 775.30,
220 Florida Statutes, are amended to read:
221 775.30 Terrorism; defined; penalties.—
222 (1) As used in this chapter and the Florida Criminal Code,
223 the term:
224 (a) terms "Terrorism" or "terrorist activity" means mean
225 an activity that:
226 1.(a) Involves:
227 a.1. A violent act or an act dangerous to human life which
228 is a violation of the criminal laws of this state or of the
229 United States; or
230 b.2. A violation of s. 815.06; and
231 2.(b) Is intended to:
232 a.1. Intimidate, injure, or coerce a civilian population;
233 b.2. Influence the policy of a government by intimidation
234 or coercion; or
235 c.3. Affect the conduct of government through destruction
236 of property, assassination, murder, kidnapping, or aircraft
237 piracy.
238 (b) "Domestic terrorist organization" means an
239 organization whose designation as such has been published in the
240 Florida Administrative Register in accordance with s. 943.03102.
241 (3) A person who violates commits a violation of
242 subsection (2) which results in death or serious bodily injury
243 commits a life felony, punishable as provided in s. 775.082, s.
244 775.083, or s. 775.084. As used in this subsection, the term
245 "serious bodily injury" means an injury to a person which
246 creates a substantial risk of death, serious personal
247 disfigurement, or protracted loss or impairment of the function
248 of a bodily member or an organ.
249 Section 4. Paragraphs (c), (d), and (e) of subsection (1)
250 of section 775.32, Florida Statutes, are redesignated as
251 paragraphs (d), (e), and (f), respectively, subsections (2),
252 (3), and (4) are amended, and a new paragraph (c) is added to
253 subsection (1) of that section, to read:
254 775.32 Use of military-type training provided by a
255 designated foreign terrorist organizations organization.—
256 (1) As used in this section, the term:
257 (c) "Domestic terrorist organization" means an
258 organization whose designation as such has been published in the
259 Florida Administrative Register in accordance with s. 943.03102.
260 (2) A person who has received military-type training from
261 a designated foreign terrorist organization or a domestic
262 terrorist organization may not use, attempt to use, or conspire
263 to use such military-type training with the intent to unlawfully
264 harm another person or damage a critical infrastructure
265 facility.
266 (3) A person who violates commits a violation of
267 subsection (2) commits a felony of the second degree, punishable
268 as provided in s. 775.082, s. 775.083, or s. 775.084.
269 (4) A person who violates commits a violation of
270 subsection (2) which results in the death of, or serious bodily
271 injury to, a person commits a felony of the first degree,
272 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
273 Section 5. Paragraphs (b) through (e) of subsection (1) of
274 section 775.33, Florida Statutes, are redesignated as paragraphs
275 (c) through (f), respectively, subsections (3) and (5) are
276 amended, and a new paragraph (b) is added to subsection (1) of
277 that section, to read:
278 775.33 Providing material support or resources for
279 terrorism or to terrorist organizations.—
280 (1) As used in this section, the term:
281 (b) "Domestic terrorist organization" means an
282 organization whose designation as such has been published in the
283 Florida Administrative Register in accordance with s. 943.03102.
284 (3) A person who knowingly provides material support or
285 resources to a designated foreign terrorist organization or a
286 domestic terrorist organization, or attempts or conspires to do
287 so, commits a felony of the first degree, punishable as provided
288 in s. 775.082, s. 775.083, or s. 775.084. To violate this
289 subsection, a person must have knowledge that the organization
290 is a designated foreign terrorist organization or a domestic
291 terrorist organization, or that the organization has engaged in
292 or engages in terrorism or terrorist activity.
293 (5)(a) For purposes of prosecution under subsection (2) or
294 subsection (3), a person is deemed to provide material support
295 or resources by providing personnel if the person knowingly
296 provides, attempts to provide, or conspires to provide himself
297 or herself or another person to:
298 1. Work under the direction and control of a designated
299 foreign terrorist organization or a domestic terrorist
300 organization, or a person engaged in, or intending to engage in,
301 an act of terrorism; or
302 2. Organize, manage, supervise, or otherwise direct the
303 operations of a designated foreign terrorist organization or a
304 domestic terrorist organization, or a person engaged in, or
305 intending to engage in, an act of terrorism.
306 (b) An individual who acts entirely independently of the
307 designated foreign terrorist organization or a domestic
308 terrorist organization, or the person engaged in, or intending
309 to engage in, an act of terrorism to advance the organization's
310 or person's goals or objectives is not working under the
311 direction and control of the designated foreign terrorist
312 organization or domestic terrorist organization or person
313 engaged in, or intending to engage in, an act of terrorism.
314 Section 6. Section 775.34, Florida Statutes, is amended to
315 read:
316 775.34 Membership in a designated foreign terrorist
317 organizations organization.—
318 (1) As used in this section, the term:
319 (a) "Designated foreign terrorist organization" has the
320 same meaning as provided in s. 775.32.
321 (b) "Domestic terrorist organization" means an
322 organization whose designation as such has been published in the
323 Florida Administrative Register in accordance with s. 943.03102.
324 (2) A person who willfully becomes a member of a
325 designated foreign terrorist organization or a domestic
326 terrorist organization and serves under the direction or control
327 of that organization with the intent to further the illegal acts
328 of the organization commits a felony of the second degree,
329 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
330 As used in this section, the term "designated foreign terrorist
331 organization" has the same meaning as provided in s. 775.32.
332 Section 7. Subsection (7) of section 874.03, Florida
333 Statutes, is amended to read:
334 874.03 Definitions.—As used in this chapter:
335 (7) "Terrorist organization" means any organized group
336 engaged in or organized for the purpose of engaging in terrorism
337 as defined in s. 775.30. The term includes:
338 (a) A domestic terrorist organization whose designation as
339 such has been published in the Florida Administrative Register
340 in accordance with s. 943.03102.
341 (b) A foreign terrorist organization whose designation as
342 such has been published in the Florida Administrative Register
343 in accordance with s. 943.03102.
345 This definition does not shall not be construed to prevent
346 prosecution under this chapter of individuals acting alone.
347 Section 8. Section 943.03102, Florida Statutes, is created
348 to read:
349 943.03102 Designation of terrorist organizations; effect
350 of designation.—
351 (1)(a) In order to ensure the safety of this state, and
352 the safety of the residents of this state, the Chief of Domestic
353 Security may designate an organization:
354 1. A domestic terrorist organization if the Chief of
355 Domestic Security finds that the organization meets the
356 following criteria:
357 a. The organization is based or operates in this state or
358 the United States.
359 b. The organization is engaging in terrorist activity as
360 defined in s. 775.30.
361 c. The terrorist activity of the organization is an
362 ongoing threat to the security of this state or the United
363 States.
364 2. A foreign terrorist organization if the Chief of
365 Domestic Security finds that the organization meets the
366 following criteria:
367 a. The organization is designated as a foreign terrorist
368 organization by the United States Secretary of State pursuant to
369 s. 219 of the Immigration and Nationality Act.
370 b. The terrorist activity of the organization is an
371 ongoing threat to the security of this state or the United
372 States.
373 (b) The Chief of Domestic Security must maintain and
374 publish on the department's website a current list of
375 organizations that he or she designates as domestic terrorist
376 organizations or foreign terrorist organizations.
377 (c) At least once every 5 years, the Chief of Domestic
378 Security must review each designation made under paragraph (a)
379 which labels an organization a domestic terrorist organization
380 or a foreign terrorist organization.
381 (2)(a) The Chief of Domestic Security must provide written
382 notice to the Governor and Cabinet of his or her intent to
383 designate an organization as a domestic terrorist organization
384 or a foreign terrorist organization, which notice must be
385 accompanied by a summary of the basis for such designation.
386 (b) If the organization has a readily discernable location
387 or office and notice can be delivered or furnished to that
388 organization safely:
389 1. The notice of intent must be delivered or furnished to
390 the organization. The written findings regarding the basis for
391 such designation need not be included with the notice.
392 2. The notice must provide the date, time, and location of
393 any public meeting regarding the designation.
394 3. The notice must provide information on how to object to
395 the designation or appeal a designation.
396 (c) If the Governor and Cabinet hold a meeting to consider
397 the notice of intent, the meeting materials relating to the
398 notice of intent, excluding information that is confidential,
399 exempt, or otherwise protected from disclosure by state or
400 federal law, must be published and made available to the public
401 consistent with s. 120.525.
402 (d) No earlier than 7 days after receipt of written notice
403 made pursuant to paragraph (a), the Governor and Cabinet may, by
404 a majority vote, approve or reject a designation made by the
405 Chief of Domestic Security under subsection (1).
406 (e) Within 7 days after approval by the Governor and
407 Cabinet of a designation made by the Chief of Domestic Security
408 under subsection (1), the Chief of Domestic Security must
409 publish notice of the designation in the Florida Administrative
410 Register.
411 (f) Within 30 days after publication of a notice of the
412 designation in the Florida Administrative Register, the
413 organization designated as a domestic terrorist organization or
414 a foreign terrorist organization, or any member of such
415 organization, may challenge such designation in the circuit
416 court of the Second Judicial Circuit in and for Leon County. The
417 court may not compel the public disclosure of any document that
418 is confidential or exempt under state law or that is
419 confidential, restricted, or otherwise protected from public
420 disclosure according to federal law.
421 (3)(a) An organization designated as a domestic terrorist
422 organization or a foreign terrorist organization may petition
423 the department, at any time, for the removal of such
424 designation.
425 (b) At any time, the Governor and Cabinet may remove, by a
426 majority vote, a designation made by the Chief of Domestic
427 Security under subsection (1).
428 (4) A state agency, political subdivision, or public
429 school district authorized to expend state-appropriated funds or
430 levy ad valorem taxes may not:
431 (a) Expend such funds or taxes to support a foreign
432 terrorist organization or a domestic terrorist organization, or
433 a member of such organization, whose designation as such has
434 been published in the Florida Administrative Register in
435 accordance with this section.
436 (b) Contract with a foreign terrorist organization or a
437 domestic terrorist organization.
438 (c) Accept any funds from a foreign terrorist organization
439 or a domestic terrorist organization, or a member of such
440 organization, whose designation as such has been published in
441 the Florida Administrative Register in accordance with this
442 section. However, this paragraph does not prohibit the
443 acceptance of funds resulting from fines, penalties,
444 forfeitures, taxes, or payment for goods or services provided to
445 the organization or a member of the organization.
446 (5) The department shall adopt rules to implement this
447 section.
448 Section 9. Paragraph (t) is added to subsection (1) of
449 section 1002.421, Florida Statutes, to read:
450 1002.421 State school choice scholarship program
451 accountability and oversight.—
452 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
453 school participating in an educational scholarship program
454 established pursuant to this chapter must be a private school as
455 defined in s. 1002.01 in this state, be registered, and be in
456 compliance with all requirements of this section in addition to
457 private school requirements outlined in s. 1002.42, specific
458 requirements identified within respective scholarship program
459 laws, and other provisions of Florida law that apply to private
460 schools, and must:
461 (t) Prohibit:
462 1. Employment of or contracting with;
463 2. Ownership or operation by; and
464 3. Acceptance of funds from
466 a person or entity that is affiliated with or in any way
467 controlled by:
468 a. A foreign terrorist organization whose designation as
469 such has been published in the Florida Administrative Register
470 in accordance with s. 943.03102, or a member of such
471 organization;
472 b. A criminal gang or a criminal gang member as defined in
473 s. 874.03;
474 c. A terrorist organization as defined in s. 874.03;
475 d. A transnational crime organization, as defined in s.
476 874.03, or a member of such organization;
477 e. A domestic terrorist organization as defined in s.
478 775.32;
479 f. A person or entity that has:
480 (I) Provided material support or resources, as defined in
481 s. 775.33(1), to; or
482 (II) Received such support or resources from
484 a foreign terrorist organization whose designation as such has
485 been published in the Florida Administrative Register in
486 accordance with s. 943.03102, or a criminal gang, terrorist
487 organization, transnational crime organization, or domestic
488 terrorist organization, as those terms are defined in s. 874.03;
489 g. A person or entity that has demonstrated a pattern or
490 practice of supporting or advocating for terrorism as defined in
491 s. 775.30(1);
492 h. A school program or student group that promotes a
493 domestic terrorist organization or a foreign terrorist
494 organization whose designation as such has been published in the
495 Florida Administrative Register in accordance with s. 943.03102;
496 or
497 i. A school program or student group that promotes a
498 person or entity providing material support, as defined in s.
499 775.33, to a domestic terrorist organization or a foreign
500 terrorist organization whose designation as such has been
501 published in the Florida Administrative Register in accordance
502 with s. 943.03102.
504 The department shall suspend the payment of funds to a private
505 school that knowingly fails to comply with this subsection, and
506 shall prohibit the school from enrolling new scholarship
507 students, for 1 fiscal year and until the school complies. If a
508 private school fails to meet the requirements of this subsection
509 or has consecutive years of material exceptions listed in the
510 report required under paragraph (q), the commissioner may
511 determine that the private school is ineligible to participate
512 in a scholarship program.
513 Section 10. Section 1003.035, Florida Statutes, is created
514 to read:
515 1003.035 Prohibited expenditures.—A public school,
516 including a charter school, school district, charter school
517 administrator, or direct-support organization for any such
518 school or school district, may not expend any state or federal
519 funds to promote, support, or maintain any programs or campus
520 activities that:
521 (1) Promote a domestic terrorist organization or a foreign
522 terrorist organization whose designation as such has been
523 published in the Florida Administrative Register in accordance
524 with s. 943.03102.
525 (2) Promote a person or entity providing material support,
526 as defined in s. 775.33, to a domestic terrorist organization or
527 a foreign terrorist organization whose designation as such has
528 been published in the Florida Administrative Register in
529 accordance with s. 943.03102.
530 Section 11. Subsection (2) of section 1004.06, Florida
531 Statutes, is amended to read:
532 1004.06 Prohibited expenditures.—
533 (2)(a) A Florida College System institution, state
534 university, Florida College System institution direct-support
535 organization, or state university direct-support organization
536 may not expend any state or federal funds to promote, support,
537 or maintain any programs or campus activities that:
538 1.(a) Violate s. 1000.05; or
539 2.(b) Advocate for diversity, equity, and inclusion, or
540 promote or engage in political or social activism, as defined by
541 rules of the State Board of Education and regulations of the
542 Board of Governors; or
543 3. Promote a domestic terrorist organization or a foreign
544 terrorist organization whose designation as such has been
545 published in the Florida Administrative Register in accordance
546 with s. 943.03102.
547 (b) The State Board of Education or the Board of
548 Governors, as applicable, may withhold performance-based funding
549 of a Florida College System institution or state university that
550 violates subparagraph (a)3.
551 (c) Student fees to support student-led organizations are
552 allowed permitted notwithstanding any speech or expressive
553 activity by such organizations which would otherwise violate
554 this subsection, provided that the public funds must be
555 allocated to student-led organizations pursuant to written
556 policies or regulations of each Florida College System
557 institution or state university, as applicable. Use of
558 institution facilities by student-led organizations is allowed
559 permitted notwithstanding any speech or expressive activity by
560 such organizations which would otherwise violate this
561 subsection, provided that such use must be granted to student-
562 led organizations pursuant to written policies or regulations of
563 each Florida College System institution or state university, as
564 applicable.
565 Section 12. Subsections (3) and (4) are added to section
566 1006.61, Florida Statutes, to read:
567 1006.61 Participation by students in disruptive
568 activities, and promotion of foreign terrorist organizations, at
569 public postsecondary educational institution; penalties.—
570 (3)(a) Pursuant to 8 C.F.R. s. 214.3(g)(2), a public
571 postsecondary educational institution must report information
572 relating to the current status of a student who is attending the
573 institution on a student visa if the student promotes a foreign
574 terrorist organization or a domestic terrorist organization
575 whose designation as such has been published in the Florida
576 Administrative Register in accordance with s. 943.03102.
577 (b) After a student of a state institution of higher
578 learning has been determined to have promoted a foreign
579 terrorist organization or a domestic terrorist organization
580 whose designation as such has been published in the Florida
581 Administrative Register in accordance with s. 943.03102, such
582 student shall be immediately expelled from the institution.
583 (4) For purposes of this subsection, to "promote" a
584 foreign terrorist organization or a domestic terrorist
585 organization means making a statement or taking an action that
586 supports, approves, or encourages a terrorist organization's
587 extralegal violence and which in context:
588 (a) Is reasonably interpreted as a true threat of unlawful
589 violence;
590 (b) Materially disrupts the orderly learning environment;
591 (c) Involves substantial disorder or the invasion of the
592 rights of others; or
593 (d) Constitutes the provision of material support for or
594 the recruitment of members for such an organization.
595 Section 13. Section 1009.01, Florida Statutes, is amended
596 to read:
597 1009.01 Definitions.—The term:
598 (1) "Domestic terrorist organization" means an
599 organization whose designation as such has been published in the
600 Florida Administrative Register in accordance with s. 943.03102.
601 (2) "Foreign terrorist organization" means an organization
602 whose designation as such has been published in the Florida
603 Administrative Register in accordance with s. 943.03102.
604 (3) "Out-of-state fee" means the additional fee for
605 instruction charged by a public postsecondary educational
606 institution in this state, which fee is charged to a student who
607 does not qualify for the in-state tuition rate pursuant to s.
608 1009.21. A charge for any other purpose may not be included in
609 this fee.
610 (4) "Promote" a foreign terrorist organization or a
611 domestic terrorist organization, or a person or entity providing
612 material support to such organizations means making a statement
613 or taking an action that supports, approves, or encourages a
614 terrorist organization's extralegal violence and which in
615 context:
616 (a) Is reasonably interpreted as a true threat of unlawful
617 violence;
618 (b) Materially disrupts the orderly learning environment;
619 (c) Involves substantial disorder or the invasion of the
620 rights of others; or
621 (d) Constitutes the provision of material support for or
622 the recruitment of members for such an organization.
623 (5)(1) "Tuition" means the basic fee charged to a student
624 for instruction provided by a public postsecondary educational
625 institution in this state. A charge for any other purpose may
626 shall not be included in within this fee.
627 (2) "Out-of-state fee" means the additional fee for
628 instruction provided by a public postsecondary educational
629 institution in this state, which fee is charged to a student who
630 does not qualify for the in-state tuition rate pursuant to s.
631 1009.21. A charge for any other purpose shall not be included
632 within this fee.
633 (6)(3) "Tuition differential" means the supplemental fee
634 charged to a student by a public university in this state
635 pursuant to s. 1009.24(16).
636 Section 14. Subsection (22) of section 1009.23, Florida
637 Statutes, is renumbered as subsection (23), and a new subsection
638 (22) is added to that section to read:
639 1009.23 Florida College System institution student fees.—
640 (22) A student who has been determined to have promoted a
641 domestic terrorist organization or a foreign terrorist
642 organization whose designation as such has been published in the
643 Florida Administrative Register in accordance with s. 943.03102,
644 during any term of enrollment, shall be immediately expelled
645 from the institution and assessed the out-of-state fee
646 established in subsection (3).
647 Section 15. Subsection (22) is added to section 1009.24,
648 Florida Statutes, to read:
649 1009.24 State university student fees.—
650 (22) A student who has been determined to have promoted a
651 domestic terrorist organization or a foreign terrorist
652 organization whose designation as such has been published in the
653 Florida Administrative Register in accordance with s. 943.03102,
654 during any term of enrollment, shall be immediately expelled
655 from the institution and assessed the out-of-state fee
656 established in subsection (4).
657 Section 16. Subsection (22) is added to section 1009.26,
658 Florida Statutes, to read:
659 1009.26 Fee waivers.—
660 (22) A student who promotes a domestic terrorist
661 organization or a foreign terrorist organization whose
662 designation as such has been published in the Florida
663 Administrative Register in accordance with s. 943.03102, during
664 any term of enrollment, is ineligible for any fee waiver under
665 this section.
666 Section 17. Section 1009.8963, Florida Statutes, is
667 created to read:
668 1009.8963 Prohibition on awarding of scholarships, grants,
669 and other aid.—A student who promotes a domestic terrorist
670 organization or a foreign terrorist organization whose
671 designation as such has been published in the Florida
672 Administrative Register in accordance with s. 943.03102, during
673 any term of enrollment, may not be awarded any institutional or
674 state grants, financial aid, scholarships, or tuition assistance
675 under this chapter.
676 Section 18. This act shall take effect July 1, 2026.