Text of FL H 1027 (2024)

HB 1027 2024 CODING: Words stricken are deletions; words underlined are additions. hb1027-00 Page 1 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to single-sex student organizations; 2 creating s. 1006.7511, F.S.; providing legislative 3 intent; providing definitions; providing the rights of 4 members of single-sex student organizations and 5 single-sex student organizations; providing 6 construction; providing penalties; requiring the State 7 Board of Education and the Board of Governors to adopt 8 rules and regulations, respectively; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 1006.7511, Florida Statutes, is created 14 to read: 15 1006.7511 Single-sex Student Organizations' Bill of 16 Rights.— 17 (1) LEGISLATIVE INTENT.—It is the intent of the 18 Legislature to protect students who are members and prospective 19 members of a single-sex student organization and single-sex 20 student organizations from adverse action by an institution of 21 higher education based solely on the student's membership in the 22 organization or the organization's practice of limiting 23 membership to only individuals of one sex. It is further the 24 intent of the Legislature to ensure that students who are 25 HB 1027 2024 CODING: Words stricken are deletions; words underlined are additions. hb1027-00 Page 2 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S members of a single-sex student organization and single-sex 26 student organizations are treated without bias in comparison to 27 students at an institution of higher education who are not 28 members of single-sex student organizations, or other social 29 organizations at an institution of higher education that do not 30 limit membership to only individuals of one sex, and also 31 protect the rights of students to freely associate with and 32 participate in social organizations, including single-sex 33 student organizations. 34 (2) DEFINITIONS.—As used in this section, the term: 35 (a) "Adverse action" means any of the following actions by 36 an institution of higher education, an administrative unit of 37 such institution, or an official of such institution acting in 38 his or her official capacity taken against a single-sex student 39 organization or a member or prospective member of a single-sex 40 student organization: 41 1. Expulsion, suspension, probation, censure, 42 condemnation, formal reprimand, or any other disciplinary 43 action, coercive action, or sanction. 44 2. Issuing an oral or written warning regarding an action 45 described in subparagraph 1. 46 3. Denying participation in any education program or 47 activity, including withholding any rights, privileges, or 48 opportunities. 49 4. Withholding, in whole or part, any financial assistance 50 HB 1027 2024 CODING: Words stricken are deletions; words underlined are additions. hb1027-00 Page 3 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or denying the opportunity to apply for financial assistance, 51 including scholarships, graduate fellowships, or on-campus 52 employment. 53 5. Denying or restricting access to on-campus housing. 54 6. Denying any certification, endorsement, or letter of 55 recommendation required by an employer, a government agency, a 56 licensing board, an institution of higher education, a 57 scholarship program, or a graduate fellowship. 58 7. Denying participation or a leadership position in any 59 other student organization. 60 8. Withdrawing official recognition of such organization. 61 9. Interjecting criteria into the membership practices of 62 such organization in any manner that conflicts with the 63 protections afforded under title IX of the Education Amendments 64 of 1972. 65 (b) "Institution of higher education" means a state 66 university, a Florida College System institution, or a private 67 college or university receiving aide under chapter 1009. 68 (c) "Single-sex student organization" means a social 69 fraternity or sorority as described in s. 501(c) of the Internal 70 Revenue Code of 1986 that is exempt from taxation under s. 71 501(a) of such code or an organization whose membership has been 72 historically single sex and whose active membership consists 73 primarily of students or alumni of an institution of higher 74 education. 75 HB 1027 2024 CODING: Words stricken are deletions; words underlined are additions. hb1027-00 Page 4 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) RIGHTS OF SINGLE-SEX ORGANIZATIONS AND THEIR MEMBERS 76 AT INSTITUTIONS OF HIGHER EDUCATION.— 77 (a) A student may form, join, and, if selected for 78 membership, participate in a student organization, including a 79 single-sex student organization, regardless of whether such 80 organization is officially recognized by an institution of 81 higher education. 82 (b) An institution of higher education may not take 83 adverse action against a student or single-sex organization 84 based solely on that organization's status as a single-sex 85 student organization or that student's membership in such 86 organization. 87 (c) An institution of higher education may not impose a 88 restriction on forming or joining a single-sex student 89 organization unless the restriction is equally applied to all 90 students and student organizations or mutually agreed to in 91 writing between such organization and institution. 92 (d) An institution of higher education shall grant a 93 single-sex student organization the same procedural protections 94 afforded to any other student organization under such 95 institution's code of conduct or other relevant regulations. 96 (e) An institution of higher education may not impose 97 reporting requirements on a single-sex student organization 98 unless the requirement is also required of all student 99 organizations or unless mutually agreed to in writing between 100 HB 1027 2024 CODING: Words stricken are deletions; words underlined are additions. hb1027-00 Page 5 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the single-sex student organization and the institution. 101 (4) CONSTRUCTION.—This section does not: 102 (a) Require an institution of higher education to 103 officially recognize a student organization, including a single- 104 sex student organization. 105 (b) Prohibit an institution of higher education from 106 taking adverse action against a student, so long as that adverse 107 action is not based solely on the student's membership in a 108 single-sex student organization or the membership practices of 109 such organization. 110 (c) Prevent any single-sex student organization from 111 regulating its own membership. 112 (d) Inhibit or prohibit the ability of the faculty of an 113 institution of higher education to express an opinion, either 114 individually or collectively, about membership in a single-sex 115 student organization, or otherwise inhibit the academic freedom 116 of such faculty to research, write, or publish material about 117 membership in such organization. 118 (e) Create enforceable rights against a single-sex student 119 organization or an institution of higher education due to the 120 decision of such organization to deny membership to an 121 individual student. 122 (5) PENALTIES.—An institution of higher education that 123 violates this section shall: 124 (a) For a first offense, post on its website notice of the 125 HB 1027 2024 CODING: Words stricken are deletions; words underlined are additions. hb1027-00 Page 6 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S violation. 126 (b) For a second offense, pay a fine of $10,000 to the 127 governing council or councils of the single-sex student 128 organization or organizations which such offense is against. 129 (c) For a third or subsequent offense, pay a fine of 130 $25,000 to the governing council or councils of the single-sex 131 student organization or organizations which such offense is 132 against. 133 (6) RULES AND REGULATIONS.—The State Board of Education 134 and the Board of Governors shall adopt rules and regulations, 135 respectively, to administer this section. 136 Section 2. This act shall take effect July 1, 2024. 137