THE BILL ITSELF
HB 49
Political Activities on School Grounds
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A bill to be entitled
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An act relating to political activities on school
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grounds; creating s. 104.315, F.S.; providing
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definitions; providing that certain activities are
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allowed on school grounds; authorizing candidates to
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be invited to speak as candidates on school grounds if
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certain conditions are met; prohibiting certain
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political activities on school grounds; prohibiting
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certain employees from using e-mail, offices, or time
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during working hours for political advocacy; providing
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criminal penalties for persons who violate specified
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provisions; providing that each such violation is a
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separate offense; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 104.315, Florida Statutes, is created
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to read:
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104.315 Political activities on school grounds.—
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(1) As used in this section, the term:
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(a) "Candidate" has the same meaning as in s. 97.021 and
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includes a declared candidate, an incumbent who is presumed to
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be a future candidate, and any person whose possible candidacy
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is the subject of intense public speculation. The term does not
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include a person acting within his or her individual capacity
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who does not speak about politics or a campaign.
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(b) "Public office" includes any elective office.
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(c) "School grounds" means the buildings and grounds of
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any public K-12 school or public institution of higher education
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as defined in s. 1004.097(2).
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(2) The following activities are allowed on school
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grounds:
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(a) Candidate forums or debates at which all qualified
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candidates for the office are invited.
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(b) Use of facilities on the same terms and conditions,
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including, but not limited to, financial, as are required of
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other users of such facilities.
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(c) Political advertisements under the same terms,
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including, but not limited to, financial, as are applied to
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other advertisements from outside groups allowed on school
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grounds.
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(d) Student newspaper editorials or candidate endorsements
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that include a disclaimer that the opinion is solely that of the
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author and is not the opinion or endorsement of the school or
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institution.
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(e) Voter registration and education events that do not
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involve a campaign or political party.
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(f) Inviting a candidate to speak in his or her individual
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capacity, but not as a candidate; however, such person may not
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speak about a campaign or any political issues.
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(3) A candidate may be invited to speak in his or her
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capacity as a candidate on school grounds only if:
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(a) All other candidates are invited to speak on school
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grounds. Such invitations do not need to be for the same event,
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place, or time, but must be similar events that take place at
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similar times. Documentation of such invitations must be
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preserved.
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(b) The introduction of such candidate includes a
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disclaimer that the school or institution does not endorse any
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candidate for public office.
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(4) The following political activities are prohibited on
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school grounds:
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(a) Posting campaign signs.
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(b) Distributing campaign literature.
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(c) Campaigning for or with candidates.
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(d) Any activity that may be reasonably expected to give
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the impression of support or endorsement of any particular
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candidate over another candidate.
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(e) Collecting campaign donations or contributions.
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(f) Voter registration events that involve a candidate or
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political party.
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(5) A faculty or staff member of any K-12 public school or
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public institution of higher education as defined in s.
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1004.097(2) may not use e-mail, offices, or time during working
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hours for political advocacy.
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(6)(a) A person who violates this section commits a
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misdemeanor of the second degree, punishable as provided in s.
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775.082 or s. 775.083.
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(b) Each such violation is a separate offense.
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This act shall take effect July 1, 2026. Section 2.