Florida 2025 2025 Regular Session

Florida Senate Bill S0892 Analysis / Analysis

Filed 03/14/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Education Postsecondary  
 
BILL: SB 892 
INTRODUCER:  Senator Simon 
SUBJECT:  Florida State University Election Law Center 
DATE: March 13, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Brick Bouck HE Pre-meeting 
2.     AHE   
3.     FP  
 
I. Summary: 
SB 892 creates the Florida State University Election Law Center within the Florida State 
University College of Law to conduct nonpartisan research, provide training, and serve as a 
resource on election law issues. The center will study topics including: 
• Voting rights, redistricting, and campaign finance. 
• Election administration, election disputes, and related issues. 
• Election integrity and best practices for electoral systems. 
 
The bill authorizes the center to: 
• Hire faculty, develop courses, and host events. 
• Assist government entities with election law matters. 
• Offer student scholarships and fellowships. 
 
The bill provides that the center will be funded through appropriations as provided in the General 
Appropriations Act, charitable donations and grants, and other university funds.  
 
The bill takes effect July 1, 2025. 
II. Present Situation: 
Election Law 
Election law covers a wide array of topics, including political spending, voting rights, ballot 
propositions, redistricting, gerrymandering, and campaign finance. Useful secondary materials 
include legal resources as well as interdisciplinary sources in the areas of political science, 
REVISED:   BILL: SB 892   	Page 2 
 
history, and public policy.
1
 Federal statutes, such as the Voting Rights Act of 1965 and the 
National Voter Registration Act of 1993, regulate key aspects of election law, while state laws 
dictate voter eligibility, ballot access, and election procedures.
2
 
 
At the state level, elections are primarily governed by Chapters 97 through 106, Florida Statutes, 
which address voter registration, election administration, campaign finance, and recount 
procedures.
3
 The Florida Division of Elections, under the Department of State, provides 
guidance and oversight for elections, while county supervisors of elections administer elections 
locally.
4
 Legal challenges related to election law arise in state and federal courts, particularly 
concerning issues of voter access, redistricting, and campaign finance regulations.
5
 
 
Florida State University College of Law 
Florida State University (FSU) College of Law, located in Tallahassee, Florida, is a nationally 
recognized public law school. The college offers a range of legal education programs, including 
specialized courses in constitutional law, administrative law, and public policy, leveraging its 
proximity to the Florida Capitol to provide students with access to state government institutions 
and legal practitioners.
6
 
 
Florida State University Election Law Center 
The FSU Election Law Center, housed within the FSU College of Law, provides nonpartisan 
research, training, and policy analysis on election law.
7
 The center collaborates with election 
officials, legislators, and scholars to improve election administration, voting rights, and election 
integrity.
8
 It also offers student scholarships, externships, and research fellowships to support 
careers in election law.
9
 
 
The center is led by a Faculty Director and an Executive Director, who oversee its academic, 
research, and outreach initiatives.
10
 The center hosts conferences, lectures, and training sessions, 
including the Election Law Conference and the Distinguished Lecture in Election Law.
11
 
 
1
 University of California, Irvine School of Law, Election Law Research Guide, available at 
https://libguides.law.uci.edu/election (last visited Mar. 11, 2025). 
2
 52 U.S.C. ss. 10301–10508 (Voting Rights Act of 1965); 52 U.S.C. ss. 20501–20511 (National Voter Registration Act of 
1993). 
3
 See generally Chapters 97–106, F.S. 
4
 See Florida Department of State, Division of Elections, About Us, https://dos.fl.gov/elections/about-us/ (last visited Mar. 11, 
2025). 
5
 See, e.g., League of Women Voters of Fla. v. Lee, 595 F. Supp. 3d 1042 (N.D. Fla. 2022) (addressing Florida’s voting 
restrictions and their impact on minority voters). 
6
 Florida State University College of Law, College of Law, https://law.fsu.edu/ (last visited Mar. 11, 2025). 
7
 Florida State University College of Law, Election Law Center, https://law.fsu.edu/academics/election-law-center (last 
visited Mar. 12, 2025). 
8
 Florida State University College of Law, Election Law Center, https://law.fsu.edu/academics/election-law-center (last 
visited Mar. 12, 2025). 
9
 Florida State University College of Law, Election Law Center—Student Opportunities, 
https://law.fsu.edu/academics/election-law-center (last visited Mar. 12, 2025). 
10
 Florida State University College of Law, Election Law Center Welcomes Executive Director, https://law.fsu.edu/press-
release/election-law-center-welcomes-executive-director (last visited Mar. 12, 2025). 
11
 Florida State University College of Law, 2024 Distinguished Lecture in Election Law, https://law.fsu.edu/2024-
distinguished-lecture-election-law (last visited Mar. 12, 2025).  BILL: SB 892   	Page 3 
 
Intellectual Freedom and Viewpoint Diversity 
"Intellectual freedom and viewpoint diversity" is the exposure of students, faculty, and staff to, 
and the encouragement of their exploration of, a variety of ideological and political 
perspectives.
12
 State universities are prohibited from shielding students, faculty, or staff from 
ideas or opinions they may find uncomfortable, unwelcome, disagreeable, or offensive.
13
 
 
The Board of Governors of the State University System is required to conduct an annual 
assessment of intellectual freedom and viewpoint diversity at each state university, using an 
objective, nonpartisan, and statistically valid survey. This survey measures the extent to which 
competing ideas and perspectives are presented and whether members of the university 
community feel free to express their beliefs and viewpoints.
14
 
III. Effect of Proposed Changes: 
SB 892 establishes the Florida State University (FSU) Election Law Center within the FSU 
College of Law. The bill creates s. 1004.421, F.S., to codify the center’s establishment and 
define its purpose and scope. 
 
Election Law 
The bill defines “election law” broadly to include, but not be limited to, the following areas: 
• Voting rights. 
• Election administration. 
• Election emergencies. 
• Election integrity. 
• Voter registration and voter registration databases. 
• Cyber or other technical issues relating to elections. 
• Federal, state, and local legal provisions governing the electoral process. 
• Election contests for any federal, state, or local office. 
• Matters relating to the Electoral College or the casting, counting, or validity of electoral 
votes. 
• Federal and state campaign finance law. 
• Election audits. 
• Apportionment and redistricting. 
• Doctrines relating to justiciability, civil procedure, and remedies in election-related cases. 
 
Additionally, the bill extends the definition of election law to historical, empirical, and 
comparative studies of the specified topics, as well as philosophical and theoretical discussions 
on democracy, democratic theory, and republicanism. 
 
 
12
 Section 1001.706(13)(a)1., F.S. 
13
 Section 1001.706(13)(a)2., F.S. 
14
 Section 1001.706(13)(b), F.S.  BILL: SB 892   	Page 4 
 
Goals of the Florida State University Election Law Center 
The bill establishes the goals of the FSU Election Law Center, directing it to advance 
scholarship, education, and public confidence in election law. The bill specifically provides that 
the goals of the center are to: 
• Conduct and promote rigorous, objective, nonpartisan, and evidence-based research on 
significant constitutional, statutory, and regulatory issues related to election law. 
• Plan and host events to facilitate learning about the electoral process and election law, 
providing opportunities for students, scholars, legislators, judges, election administrators, 
attorneys, and members of the public to engage in discussions. 
• Develop and sponsor publicly accessible materials and resources that educate the public on 
elections and election law, ensuring transparency and accessibility. 
• Assist students by providing learning opportunities, practical experience, and career 
pathways in election law. 
• Enhance the reputation of the FSU College of Law as a nationally recognized center for 
cutting-edge legal scholarship and technical expertise in election law. 
• Serve as a nonpartisan resource to address election law inquiries from federal, state, and local 
election officials, the Legislature, and legislative staff. The center supports understanding of 
the electoral process and promotes public confidence in Florida’s electoral system. 
• Develop objective, evidence-based analysis, best practices, and potential reforms to election 
statutes, regulations, and policies to: 
o Strengthen electoral systems to effectively manage natural disasters and other 
emergencies that could disrupt elections. 
o Promote public confidence in the electoral process by promoting transparency and 
integrity. 
o Ensure that all qualified United States citizens in Florida have a reasonable, adequate, 
and safe opportunity to exercise their right to vote. 
o Minimize the risks of mistakes, fraud, violations, accidents, or other irregularities that 
could affect elections. 
 
Authorized Activities of the Center 
The bill authorizes the FSU Election Law Center to undertake a range of activities to fulfill its 
mission of advancing election law research, education, and policy development. The bill 
authorizes the center to: 
• Hire necessary faculty and staff to support the center’s operations and develop and teach 
courses related to election law. 
• Organize and host events such as workshops, symposia, roundtables, interviews, public 
discussions, lectures, and conferences. 
• Conduct, aid, and sponsor research on election law and publish or make publicly available 
articles, reports, analyses, databases, or websites to disseminate election law scholarship and 
policy insights. 
• Provide training and continuing education for members of the federal and state judiciaries 
and judicial organizations, attorneys, Department of State personnel, supervisors of elections 
and their employees, and other election administrators.  BILL: SB 892   	Page 5 
 
• Offer formal and informal assistance to the Legislature and governmental entities or officials 
at the federal, state, and county levels on matters related to elections and election law. This 
assistance may include research, reports, public comments, testimony, or briefs. 
• Award scholarships and research assistantships to outstanding students interested in election 
law and sponsors fellowships to fund qualified students to work with the center or at local, 
state, or federal offices and nonpartisan entities engaged in election law matters. 
• Form partnerships with other centers, programs, institutes, and associations as appropriate to 
promote the center’s goals. 
 
Data Sharing and Confidentiality Requirements 
The bill authorizes the Department of State, supervisors of elections, the State Library, and the 
State Archives to cooperate with the FSU Election Law Center by sharing electronic copies of 
information or data in their possession, custody, or control upon request of the center’s faculty 
director. 
 
The bill requires the center and its employees to be subject to, and to store such information or 
data consistent with, confidentiality and security requirements that are comparable to those that 
apply to the Department of State, supervisors of elections, and their employees. 
 
Funding for the Center 
The bill provides that the center will be funded through appropriations as provided in the General 
Appropriations Act, charitable donations and grants, and other university funds. 
 
Leadership and Governance 
The bill requires the dean of the FSU College of Law to appoint a faculty director to lead the 
center who is a tenured member of the faculty of the law school. The bill requires the faculty 
director to hire an executive director to conduct the center’s day-to-day operations. 
 
The bill requires the faculty director, in consultation with the executive director, to: 
• Establish programs that promote the center’s goals. 
• Develop the budget and disburse the funds appropriated, donated, or provided to the center. 
• Hire employees for the center. 
• Oversee the center’s research, education, and training programs, events, and work product. 
 
Academic Freedom and Intellectual Diversity Protections 
The bill requires the center’s research, work, activities, filings, speakers, events, and operations 
be subject to academic freedom protections. The bill prohibits the center or any of its full-time 
faculty or staff from being compelled to conduct, consult on, or otherwise assist any research or 
initiatives by any outside federal, state, or local official or agency or private person or entity. The 
bill further requires the center to promote intellectual freedom and viewpoint diversity, which is 
the exposure of students, faculty, and staff to, and the encouragement of their exploration of, a 
variety of ideological and political perspectives. 
  BILL: SB 892   	Page 6 
 
The bill takes effect July 1, 2025. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The Florida State University Election Law Center may incur costs to implement the bill’s 
requirements. The bill provides that the center will be funded through appropriations in 
the General Appropriations Act, charitable donations and grants, and other university 
funds. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None.  BILL: SB 892   	Page 7 
 
VIII. Statutes Affected: 
This bill creates section 1004.421 of the Florida Statutes.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.