This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0007a.JDC
DATE: 1/26/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7 Individual Freedom
SPONSOR(S): Avila
TIED BILLS: IDEN./SIM. BILLS: SB 148
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Judiciary Committee 14 Y, 7 N Mawn Kramer
2) State Affairs Committee
3) Education & Employment Committee
SUMMARY ANALYSIS
The Florida Civil Rights Act of 1992 secures for all individuals within the state freedom from discrimination
because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status in the areas of
public accommodation, education, and employment. Florida law also prohibits discrimination on the basis of
race, ethnicity, national origin, gender, disability, religion, or marital status in the state’s public education
system and prescribes the curriculum and sets instructional material requirements for the kindergarten through
grade 12 (“K-12”) public school system.
HB 7 expands the Florida Civil Rights Act to provide that subjecting a person, as a condition of employment,
membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any
other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe
certain concepts constitutes discrimination based on race, color, sex, or national origin under the Act.
The bill also revises provisions within Florida’s Education Code to:
Provide that it constitutes discrimination on the basis of race, color, national origin, or sex under the
Code to subject a student or employee to training or instruction that espouses, promotes, advances,
inculcates, or compels such student or employee to believe certain concepts.
State the Legislature’s acknowledgment of the fundamental truth that all persons are equal before the
law and have inalienable rights.
Require school instruction and supporting materials to be consistent with specified principles of
individual freedom.
The bill may have an indeterminate fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0007a.JDC PAGE: 2
DATE: 1/26/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Florida Civil Rights Act
The Florida Civil Rights Act of 1992 (“FCRA”), codified in Part I of chapter 760, Florida Statutes,
secures for all individuals within the state freedom from discrimination because of race, color, religion,
sex, pregnancy, national origin,
1
age, handicap, or marital status (“protected class”).
2
These protections
are in place to safeguard each individual’s interest in personal dignity, making available to the state his
or her full productive capacities.
3
These protections also help to secure the state against domestic strife
and unrest, preserve the public safety, health, and general welfare, and promote the interests, rights,
and privileges of individuals within the state.
4
Unlawful Employment Practices
Under the FCRA, it is an unlawful employment practice for:
An employer
5
of fifteen or more employees to:
o Discharge or fail or refuse to hire a person, or otherwise discriminate against a person
with respect to compensation, terms, conditions, or privileges of employment, because
of his or her membership in a protected class.
6
o Limit, segregate, or classify employees or applicants for employment in any way which
would deprive or tend to deprive a person of employment opportunities, or adversely
affect a person’s status as an employee, because of his or her membership in a
protected class.
7
An employment agency
8
to:
o Fail or refuse to refer for employment, or otherwise to discriminate against, a person
because of his or her membership in a protected class.
9
o Classify or refer a person for employment on the basis of his or her membership in a
protected class.
10
A labor organization
11
to:
o Exclude or expel from its membership, or otherwise discriminate against, a person
because of his or her membership in a protected class.
12
o Limit, segregate, or classify its membership or applicants for membership, or to classify
or fail or refuse to refer a person for employment, in any way that would deprive or tend
to deprive a person of employment opportunities, or adversely affect a person’s status
as an employee or as an applicant for employment, because of his or her membership in
a protected class.
13
1
“National origin” includes ancestry. S. 760.02(5), F.S.
2
S. 760.01(2), F.S.
3
Id.
4
Id.
5
“Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year, and any agent of such person. S. 760.02(7), F.S.
6
S. 760.10(1)(a), F.S.
7
S. 760.10(1)(b), F.S.
8
“Employment agency” means any person regularly undertaking, with or without compensation, to procure employees for an employer
or to procure for employees opportunities to work for an employer, and includes an agent of such a person. S. 760.02(8), F.S.
9
S. 760.10(2), F.S.
10
Id.
11
“Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing
with employers about grievances, employment terms or conditions, or other mutual aid or protection in connection with employment. S.
760.02(9), F.S.
12
S. 760.10(3)(a), F.S.
13
S. 760.10(3)(b), F.S. STORAGE NAME: h0007a.JDC PAGE: 3
DATE: 1/26/2022
o Cause or attempt to cause an employer to discriminate against a person in violation of
unlawful employment practices law.
14
An employer, labor organization, or joint labor-management committee
15
controlling
apprenticeship or other training, including on-the-job-training programs, to discriminate against
a person because of his or her membership in a protected class in admission to, or employment
in, a program established to provide apprenticeship or other training.
16
An employer, labor organization, employment agency, or joint labor-management committee to
print, or cause to be printed or published, a notice or advertisement relating to employment,
membership, classification, referral for employment, or apprenticeship or other training,
indicating a preference, limitation, specification, or discrimination, based on membership in a
protected class.
17
An employer, employment agency, a joint labor-management committee, or a labor organization
to discriminate against a person because he or she has:
o Opposed a practice which is an unlawful employment practice under the FCRA; or
o Made a charge, testified, assisted, or participated in any way in an investigation,
proceeding, or hearing involving an unlawful employment practice under the FCRA.
18
These prohibitions do not apply to a religious corporation, association, educational institution, or society
which conditions employment or public accommodation opportunities to its own members or persons
who subscribe to its tenets or beliefs.
19
Such a group may give preference in employment to a person
of a particular religion to perform work connected with the carrying on by the group of its various
activities.
20
Further, it is not an unlawful employment practice for an employer, employment agency, labor
organization, or joint labor-management committee to:
Observe the terms of a bona fide seniority system, a bona fide employee benefit plan, or a
system which measures earnings by quantity or quality of production, which is not designed,
intended, or used to evade the FCRA.
21
Take or fail to take any action on the basis of:
o Membership in a protected class when such membership is a bona fide occupational
qualification (BFOQ) reasonably necessary for the performance of the particular
employment to which such action or inaction is related.
22
o Age, under a law or regulation governing any employment or training program designed
to benefit individuals of a particular age group.
23
o Marital status, if such status is prohibited under its anti-nepotism policy.
24
In a civil action or administrative proceeding brought under the FCRA, a finding that a person employed
by the state or a governmental entity or agency has committed unlawful employment discrimination
constitutes, as a matter of law, just or substantial cause for such person’s discharge.
25
Florida Commission on Human Relations
The FCRA creates the Florida Commission on Human Relations (“commission”),
26
which is assigned to
the Department of Management Services (“DMS”)
27
to promote and encourage fair treatment and equal
14
S. 760.10(3)(c), F.S.
15
Joint labor-management committees are established under the federal Labor Management Cooperation Act of 1978. 29 U.S.C. s.
175a (2022).
16
S. 760.10(4), F.S.
17
S. 760.10(6), F.S.
18
S. 760.10(7), F.S.
19
S. 760.10(9), F.S.
20
Id.
21
S. 760.10(8)(b), F.S.
22
S. 760.10(8)(a), F.S.
23
S. 760.10(8)(c), F.S.
24
S. 760.10(8)(d), F.S.
25
S. 760.11(15), F.S.
26
The commission is comprised of 12 members appointed by the governor for four-year terms, subject to Senate confirmation. The
commission must select one commissioner to serve as chairperson for a two-year term and appoint an executive director who, with the STORAGE NAME: h0007a.JDC PAGE: 4
DATE: 1/26/2022
opportunity for all persons, regardless of membership in a protected class, and mutual understanding
and respect among all members of all economic, social, racial, religious, and ethnic groups.
28
The
commission is also statutorily required to seek to eliminate discrimination against, and antagonism
between, religious, racial, and ethnic groups and their members.
29
To accomplish its purpose, the
FCRA grants the commission specified powers, including the power to:
Receive, initiate, investigate,
30
seek to conciliate, hold hearings on, and act upon complaints
alleging an unlawful practice under the FCRA;
Issue subpoenas for, administer oaths or affirmations to and compel the attendance and
testimony of witnesses or issue subpoenas to compel the production of books, papers, and
other evidence pertaining to an investigation or hearing convened by the commission;
31
and
Promulgate rules to effectuate the FCRA’s purposes and policies and govern the commission’s
proceedings in accordance with the Administrative Procedures Act.
32
Remedies for Unlawful Discrimination
Under the FCRA, a person aggrieved by the violation of a Florida statute making unlawful
discrimination due to membership in a protected class in the areas of education, employment, or public
accommodation (“discriminatory practice”) may file a complaint with the commission within 365 days of
the alleged violation naming the responsible party (“respondent”) and describing the violation and the
relief sought.
33
The commission, a commissioner, or the Attorney General (“AG”) may also file a
complaint in the same manner.
34
Within five days of its filing, the commission must, by registered mail,
send a copy of the complaint to the respondent.
35
The respondent may file an answer to the complaint
within 25 days of its filing and must mail a copy of the answer to the aggrieved party.
36
If another state agency or state government unit has jurisdiction over a complaint’s subject matter and
has legal authority to investigate the complaint, the commission may refer the complaint to such agency
for investigation.
37
Unless such a referral is made, the commission must investigate the complaint’s
allegations and, within 180 days of its filing, determine if there is reasonable cause to believe that a
discriminatory practice occurred.
38
After this determination, the commission must, by registered mail,
promptly notify the parties of the determination and the available remedies.
39
commission’s consent, may employ necessary personnel. The commissioners must be broadly representative of various racial,
religious, ethnic, social, economic, political, and professional groups within the state, and at least one commissioner must be at least 60
years old. The governor may only remove a commissioner for cause, subject to removal or reinstatement by the Senate. S. 760.03, F.S.
27
The commission, in the performance of its duties, is not subject to DMS’s control, supervision, or direction. S. 760.04, F.S.
28
Six commissioners constitute a quorum for conducting business, but the commission may establish panels of not less than three
commissioners to exercise its powers, subject to the procedures and limitations set by commission rule. Three commissioners serving
on such panels constitute a quorum for conducting business. Ss. 760.03, 760.04, and 760.05, F.S.
29
S. 760.05, F.S.
30
In investigating, the commission and its investigators must have access at all reasonable times to premises, records, documents, and
other evidence or possible evidence sources and may examine, record, and copy such materials and take and record the testimony or
statements of such persons as are reasonably necessary for the investigation’s furtherance. S. 760.06(6), F.S.
31
Should someone refuse to obey a commission-issued subpoena, the commission may apply to any circuit court of the state, which
may order the witness to appear before the commission to give testimony and to produce evidence concerning the matter in question.
Failure to obey the court’s order may be punished as contempt of court. If the court issues a contempt order or an order compelling a
person to comply with the commission’s order or subpoena, the court shall order the person to pay the commission reasonable
expenses, including reasonable attorney fees, accrued by the commission in obtaining the court order. S. 760.06(6), F.S.
32
The APA, set out in ch. 120, F.S., provides uniform procedures for the exercise of specified authority, including the authority to
conduct hearings, engage in rulemaking, and issue or act against professional licenses, by specified government agencies and officers.
S. 760.06, F.S.
33
The commission may require that additional information be in the complaint. S. 760.11(1), F.S.
34
In lieu of filing a complaint with the commission, a person may file a complaint with the Equal Employment Opportunity Commission
or with any unit of state government which is a fair-employment-practice agency under 29 C.F.R. ss. 1601.70-1601.80. S. 760.11(1),
F.S.
35
Id.
36
Id.
37
S. 760.11(2), F.S.
38
If a complaint is within the commission’s jurisdiction, the commission must attempt to correct the alleged discrimination by informal
methods of conference, conciliation, and persuasion. The commission may also initiate dispute resolution procedures, including
voluntary arbitration, by special magistrates or mediators and must adopt rules as to the qualifications of such special magistrates and
mediators. The commission’s reasonable cause determination is not final agency action subject to judicial review. S. 760.11(3), (11),
and (13), F.S.
39
Id. STORAGE NAME: h0007a.JDC PAGE: 5
DATE: 1/26/2022
If the commission determines there is reasonable cause to believe that a discriminatory practice
occurred, the aggrieved person may either:
Bring a civil action against the respondent; or
Request an administrative hearing under the APA.
40
A civil action under the FCRA must be brought within one year of the commission’s reasonable cause
determination.
41
In such an action, the court may:
Prohibit the discriminatory practice and provide affirmative relief;
Award compensatory damages, including for intangible injuries;
42
Award punitive damages;
43
and
Award reasonable attorney fees to the prevailing party.
44
The right to a jury trial is preserved where the plaintiff seeks damages, and any party may demand a
jury trial.
45
However, if the statute prohibiting unlawful discrimination provides an administrative remedy,
a civil action may be initiated only after such administrative remedy is exhausted.
46
An administrative hearing under the FCRA must be requested no later than 35 days after the
commission’s reasonable cause determination.
47
The commission may hear the case if the final order is
issued by commissioners who did not conduct the hearing or request that the case be heard by an
administrative law judge (“ALJ”).
48
If the hearing officer finds that a discriminatory practice has
occurred, the hearing officer must issue an appropriate proposed or recommended order prohibiting the
practice and providing affirmative relief.
49
The commission must issue a final order within 90 days of the
rendering of the proposed or recommended order, but this period may be extended if all parties
consent.
50
The commission may also award reasonable attorney fees to the prevailing party.
51
If the commission determines that it does not have reasonable cause to believe a discriminatory
practice occurred, the commission must dismiss the complaint.
52
The aggrieved person may request an
administrative hearing within 35 days of the reasonable cause determination, which must be heard by
an ALJ.
53
If the ALJ finds that a discriminatory practice occurred, he or she must issue a recommended
order prohibiting the practice and recommending affirmative relief.
54
The commission must issue a final
order within 90 days of the rendering of the recommended order, but this period may be extended if all
parties consent.
55
The commission may also award reasonable attorney fees to the prevailing party.
56
If
40
The aggrieved person’s election of a civil or administrative remedy makes such remedy the exclusive remedy available to the
aggrieved person. S. 760.11(4), F.S.
41
The commission loses jurisdiction over the complaint after a civil action is filed but may intervene in the civil action. S. 760.11(5), F.S.
42
“Compensatory damages,” also known as “actual damages,” are those damages intended to compensate an injured party for his or
her actual, proven loss or injury. The amount of compensatory damages awarded must “be precisely commensurate with the injury
suffered.” However, under the FCRA, the total amount of recovery against the state and its agencies and subdivisions may not exceed
the limitations set forth in s. 768.28(5), F.S. – that is, $200,000 per person or $300,000 per incident, unless the payment of any portion
of a judgment exceeding such amounts is authorized by act of the legislature. Legal Information Institute, Actual Damages,
https://www.law.cornell.edu/wex/actual_damages (last visited Jan. 26, 2022); Birsdall v. Coolidge, 93 U.S. 64 (1876); S. 760.11(5), F.S.
43
“Punitive damages” are those damages awarded to punish the defendant for behavior that is especially egregious. Under the FCRA,
punitive damages awarded to an aggrieved person may not exceed $100,000, but the state and its agencies and subdivisions are not
liable for punitive damages. Legal Information Institute, Punitive Damages, https://www.law.cornell.edu/wex/punitive_damages (last
visited Jan. 26, 2022); S. 760.11(5), F.S.
44
S. 760.07, F.S.
45
Ss. 760.07 and 760.11(5), F.S.
46
S. 760.07, F.S.
47
S. 760.11(6), F.S.
48
Id.
49
Id.
50
The commission’s final orders are subject to judicial review under the APA. A judgment for the amount of damages and costs
assessed under a final order by the commission may be entered in a court having jurisdiction over the final order and may be enforced
like any other judgment. S. 760.11(6), (10), and (13), F.S.
51
The provision of attorney fees must be interpreted in a manner consistent with federal case law involving a Title VII action. S.
760.11(6), F.S.
52
S. 760.11(7), F.S.
53
Id.
54
Id.
55
Id.
56
Id. STORAGE NAME: h0007a.JDC PAGE: 6
DATE: 1/26/2022
the commission’s final order determines that a discriminatory practice occurred, the aggrieved person
may bring a civil action against the respondent within one year of the final order or accept the
affirmative relief offered by the commission, but may not pursue both remedies.
57
If the commission fails to make a reasonable cause determination or conciliate on a complaint within
180 days after its filing:
An aggrieved person may proceed as if reasonable cause was determined to exist.
58
The commission must promptly notify the aggrieved person of its failure, which notice must list
all available options and inform the aggrieved person that he or she must file a civil action within
one year after the date the notice was mailed.
59
No liability for back pay may accrue from a date more than two years before the complaint’s
filing with the commission.
60
Enforcement by the Attorney General (AG)
In addition to the civil and administrative remedies provided to an aggrieved person, the AG may bring
a civil action
61
for damages, injunctive relief, civil penalties not exceeding $10,000 per violation, and
other appropriate relief if she has reasonable cause to believe that any person or group has:
Engaged in a pattern or practice of discrimination as defined by state law; or
Been discriminated against under state law in a manner that raises an issue of great public
interest.
62
Damages recovered in such a proceeding accrue to the injured party, but the prevailing party is entitled
to an award of attorney fees and costs.
63
Further, in any such proceeding, the respondent may request,
before a responsive pleading is due, that a hearing be held no earlier than five days after, but no more
than 30 days after, the complaint is filed for the court to determine whether the complaint makes a
prima facie showing that a pattern or practice of discrimination exists or that, as a result of
discrimination, an issue of great public interest exists.
64
Florida Public Education Requirements
Florida Educational Equity Act
The Florida Educational Equity Act
65
(“Act”) requires equal access to, and prohibits discrimination
against, any student or employee of the state’s K-20 public education system on the basis of:
66
Race;
Ethnicity;
Gender;
National origin;
Disability;
Religion; or
Marital status.
No individual shall, on the bases described above, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any public K-20 education program or activity, or in
57
Id.
58
S. 760.11(8)(a), F.S.
59
S. 760.11(8)(b), F.S.
60
S. 760.11(8)(c), F.S.
61
The AG may file such an action in the circuit court of the county where the cause of action arose or in the circuit court of the Second
Judicial Circuit in Leon County, Florida. S. 760.021(2), F.S.
62
S. 760.021(1), F.S.
63
S. 760.021(4) and (5), F.S.
64
S. 760.021(3), F.S.
65
S. 1000.05, F.S.
66
S. 1000.05(2), F.S. STORAGE NAME: h0007a.JDC PAGE: 7
DATE: 1/26/2022
any employment conditions or practices, conducted by a public educational institution that receives or
benefits from federal or state financial assistance.
67
Additionally, the prohibition on discrimination, on the same bases as described above, extends to
participation in any interscholastic, intercollegiate, club, or intermural athletics offered by a public K-20
educational institution; and no K-20 education institution may provide athletics separately on such
basis, except as provided by law.
68
The Act is implemented by the Board of Governors through regulations
69
and rules adopted by the
State Board of Education (“SBE”).
70
Additionally, the Office of Equal Educational Opportunity, within the
Department of Education (“DOE”), serves implementation functions including but not limited to the
following:
71
Requiring all district school boards and Florida College System institution boards of trustees to
develop and submit plans for the implementation of the Act to the DOE.
Requiring all district school boards and Florida College System institution boards of trustees to
submit data and information necessary to determine compliance with the Act.
Developing and implementing enforcement mechanisms with appropriate penalties to ensure
that public K-12 schools and Florida College System institutions comply with Title IX of the
Education Amendments of 1972 and the Act.
Reporting to the Commissioner of Education any district school board or Florida College System
institution board of trustees found to be out of compliance with the Act or the SBE rules
implementing the Act.
In addition to the above prohibitions, the Act expressly requires that any discrimination motivated by
anti-Semitic
72
intent be treated in an identical manner to discrimination motivated by race.
73
The Act provides a cause of action for anyone aggrieved by a violation of the Act. Such an individual is
authorized to seek equitable relief and, should he or she prevail, may be awarded reasonable attorney
fees and court costs.
74
Required Instruction in Public Schools
Each district school board is responsible for providing all courses required for middle grades promotion,
high school graduation, and appropriate instruction designed to ensure that students meet SBE
adopted standards in reading and other language arts, mathematics, science, social studies, foreign
languages, health and physical education, and the arts.
75
Public school teachers are required to teach efficiently and faithfully, using the books and materials
required that meet the highest standards for professionalism and historical accuracy, and employing
approved methods of instruction and certain prescribed courses of study, including health education
67
S. 1000.05(2)(a), F.S. Students may be separated for permissible single gender programs, for portions of a class that deals with
human reproduction, or during participation in bodily contact sports. S. 1000.05(2)(d), F.S. All K-20 public education classes and
guidance services must be made available to students without regard to any of the bases described above. Ss. 1000.05(2)(c) and (e),
F.S.
68
S. 1000.05(3), F.S. Public K-20 educational institutions are authorized to maintain separate teams for members of each gender or
based on ability in certain circumstances. S. 1000.05(3)(b)-(c), F.S. It is the responsibility of the Board of Governors and the
Commissioner of Education to determine whether equal athletic opportunities are provided for both genders at state universities and in
school districts and Florida College Systems, respectively. S. 1000.05(3)(d), F.S.
69
Board of Governors, Regulation 2.003 (2020).
70
Ch. 6A-19, F.A.C.
71
S. 1000.05(6), F.S.
72
For purposes of this section, the term “anti-Semitism” includes a certain perception of the Jewish people, which may be expressed as
hatred toward Jewish people, rhetorical and physical manifestations of anti-Semitism directed toward a person, his or her property, or
toward Jewish community institutions or religious facilities. S. 1005.05(7), F.S. The Act also lists examples of anti-Semitism. S.
1000.05(7)(a)-(b), F.S.
73
S. 1000.05(7), F.S.
74
S. 1000.05(8), F.S.
75
S. 1003.42(1), F.S. STORAGE NAME: h0007a.JDC PAGE: 8
DATE: 1/26/2022
and character development.
76
The SBE is encouraged to adopt standards and pursue assessment of
the requirements for prescribed courses of study and methods of instruction employed by public school
teachers.
77
SBE rules regarding required instruction and reporting require that instruction on the required topics
must be factual and objective, and may not suppress or distort significant historical events, such as the
Holocaust, slavery, the Civil War and Reconstruction, the civil rights movement, and the contributions of
women, African American and Hispanic people to our country.
78
Pursuant to rules of the Department of
Education, examples of theories that distort historical events and are inconsistent with SBE-approved
standards include the denial or minimization of the Holocaust, and the teaching of Critical Race Theory,
meaning the theory that racism is not merely the product of prejudice, but that racism is embedded in
American society and its legal systems in order to uphold the supremacy of white persons.
79
Instruction
may not utilize material from the 1619 Project
80
and may not define American history as something
other than the creation of a new nation based largely on universal principles stated in the Declaration of
Independence.
81
Health Instruction
Teachers must provide instruction on comprehensive age-appropriate and developmentally appropriate
K-12 health education that addresses concepts of community health, consumer health, environmental
health, and family life, including:
82
Mental and emotional health.
Injury prevention and safety.
Internet safety.
Nutrition.
Personal health.
Prevention and control of disease.
Substance use and abuse.
Prevention of child sexual abuse, exploitation, and human trafficking.
For students in grades 7 through 12, a teen dating violence and abuse component.
For students in grades 6 through 12, an awareness of the benefits of sexual abstinence as the
expected standard and the consequences of teenage pregnancy.
Character Development Program
Each district school board is required to adopt or develop a character development program for
students, which must be approved by the DOE.
83
The character development curriculum must stress
the qualities of patriotism; responsibility; citizenship; kindness; respect for authority, life, liberty, and
personal property; honesty; charity; self-control; racial, ethnic, and religious tolerance; and
cooperation.
84
In addition, the character development curriculum for grades 9 through 12 must, at a minimum, include
instruction on developing leadership skills, interpersonal skills, organization skills, and research skills;
76
S. 1003.42(2), F.S. Required instruction includes, for example, the history and content of the Declaration of Independence, the
arguments in support of adopting our republican form of government, flag education, the history of the Holocaust, the history of African
Americans, and kindness to animals. Id. Instructional staff of charter schools are exempt from the required instruction section of law. S.
1002.33(16), F.S.
77
S. 1003.42(2), F.S.
78
Rule 6A-1.094124(3)(b), F.A.C.
79
Rule 6A-1.094124(3)(b), F.A.C.
80
The 1619 Project argues that 1619 is the basis for discussing America's founding. In addition, the author asserted that the
Revolutionary War was fought to protect the institution of slavery. Erford, A, The 1619 Project and the Importance of Historical
Significance and Argumentation in the History and Social Studies Classroom (2021), Teaching History: A Journal of Methods, 46(2),
30+, https://go.gale.com/ps/i.do?p=AONE&u=18551_mcpls&id=GALE|A688507445&v=2.1&it=r&sid=bookmark-AONE&asid=9b710f88
(last visited Jan. 26, 2022).
81
Rule 6A-1.094124(3)(b), F.A.C.
82
S. 1003.42(2)(n), F.S.
83
S. 1003.42(2)(s), F.S.
84
S. 1003.42(2)(s)1., F.S. STORAGE NAME: h0007a.JDC PAGE: 9
DATE: 1/26/2022
creating a resume, including a digital resume; exploring career pathways; using state career planning
resources; developing and practicing the skills necessary for employment interviews; conflict resolution,
workplace ethics, and workplace law; managing stress and expectations; and developing skills that
enable students to become more resilient and self-motivated.
85
The character development curriculum for grades 11 and 12 must include instruction on voting using
the uniform primary and general election ballot.
86
A character development program that incorporates the values of the recipients of the Congressional
Medal of Honor and that is offered as part of a social studies, English Language Arts, or other
schoolwide character building and veteran awareness initiative satisfies the requirements of the
character development curriculum.
87
Public School Instruction Materials
Adoption of State Instructional Material
At the state level, the Commissioner of Education (commissioner) adopts instructional materials
according to a five-year rotating schedule.
88
The SBE adopts the rules for the DOE to evaluate
instructional materials submitted by publishers and manufacturers in each adoption.
89
The
commissioner must determine annually the areas in which instructional materials will be submitted for
adoption and the number of titles in each area.
90
The commissioner must appoint three state or national
experts in the content areas submitted for adoption to review the instructional materials.
91
Adoption of School District Instructional Materials
At the school district level, the district school board has the constitutional duty and responsibility to
select and provide adequate instructional materials for all students.
92
The school board must provide
adequate instructional materials for its students, ensure the materials are consistent with the district’s
educational goals, and ensure the materials meet the objectives and the curriculum frameworks
adopted by the SBE.
93
The district school board is authorized to implement an instructional materials program that includes the
review, recommendation, adoption, and purchase of materials.
94
The district school board may utilize
the state-adopted instructional materials list or instructional materials adopted through the district
instructional materials program.
95
Additionally, the district school superintendent must certify to the
DOE on an annual basis that all instructional materials for core courses used by the district are aligned
with applicable state standards.
96
Requirements for Review of Instructional Materials
Reviewers of instructional materials may recommend for adoption only instructional materials aligned
with state educational standards.
97
In addition, reviewers must consider the:
98
Age of the students who normally could be expected to have access to the material.
Educational purpose to be served by the material.
85
S. 1003.42(2)(s)2., F.S.
86
S. 1003.42(2)(s)3., F.S.
87
S. 1003.42(2), F.S.
88
S. 1006.36(1), F.S.
89
S. 1006.34(1), F.S.; Rule 6A-7.0710, F.A.C.
90
S. 1006.29(1)(a), F.S.
91
S. 1006.29(1)(b), F.S.
92
S. 1006.28(2)
93
Ss. 1006.28(1) and 1001.03(1), F.S.
94
S. 1006.283(1).
95
S. 1006.28(2)(a)1., F.S.
96
S. 1006.283(1), F.S.
97
S. 1006.31(2), F.S.
98
Ss. 1006.31(2) and 1006.34(2)(b), F.S. STORAGE NAME: h0007a.JDC PAGE: 10
DATE: 1/26/2022
Degree to which the material would be supplemented and explained by mature classroom
instruction as part of a normal classroom instructional program.
Broad racial, ethnic, socioeconomic, and cultural diversity of the students.
Instructional materials recommended by each reviewer must be, to the satisfaction of each reviewer,
accurate, objective, balanced, noninflammatory, current, free of pornography and other prohibited
materials,
99
and suited to student needs and their ability to comprehend the material presented.
100
Reviewers must consider for recommendation materials developed for academically talented students,
such as students enrolled in advanced placement courses.
101
A reviewer may not recommend any instructional materials that contain any matter reflecting unfairly
upon persons because of their race, color, creed, national origin, ancestry, gender, religion, disability,
socioeconomic status, or occupation.
102
When recommending instructional materials, each reviewer
must:
103
Include only instructional materials that accurately portray the ethnic, socioeconomic, cultural,
religious, physical, and racial diversity of our society, including men and women in professional,
career, and executive roles, and the role and contributions of the entrepreneur and labor in the
total development of this state and the United States.
Include only materials that accurately portray, whenever appropriate, humankind’s place in
ecological systems, including the necessity for the protection of our environment and
conservation of our natural resources and the effects on the human system of the use of
tobacco, alcohol, controlled substances, and other dangerous substances.
Include materials that encourage thrift, fire prevention, and humane treatment of people and
animals.
Require, when appropriate to the comprehension of students, that materials for social science,
history, or civics classes contain the Declaration of Independence and the Constitution of the
United States.
School Community Professional Development Act
Each district school board is required to develop a professional development system that supports and
increases the success of educators through collaboratively-developed school improvement plans.
104
The system must be developed in consultation with teachers, teacher-educators of Florida College
System institutions and state universities, business and community representatives, and local
education foundations, consortia, and professional organizations, and be approved by the DOE.
105
Effect of Proposed Changes
The Florida Civil Rights Act
The bill expands s. 760.10, F.S., to provide that subjecting a person, as a condition of employment,
membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or
any other required activity that espouses, promotes, advances, inculcates, or compels such individual
to believe any of the following concepts constitutes discrimination based on race, color, sex, or national
origin under the FCRA:
Members of one race, color, sex, or national origin are morally superior to members of another
race, color, sex, or national origin.
An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist,
sexist, or oppressive, whether consciously or unconsciously.
99
S. 847.012, F.S., lists materials that are prohibited from distribution to minors.
100
S. 1006.31(2), F.S.
101
S. 1006.31(2), F.S.
102
S. 1006.31(2)(d), F.S.
103
S. 1006.31(2), F.S.
104
S. 1012.98(3)(a), F.S.
105
S. 1012.98(4)(b), F.S. STORAGE NAME: h0007a.JDC PAGE: 11
DATE: 1/26/2022
An individual's moral character or status as either privileged or oppressed is necessarily
determined by his or her race, color, sex, or national origin.
Members of one race, color, sex, or national origin cannot and should not attempt to treat others
without respect to race, color, sex, or national origin.
An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for,
or should be discriminated against or receive adverse treatment because of, actions committed
in the past by other members of the same race, color, sex, or national origin.
An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated
against or receive adverse treatment to achieve diversity, equity, or inclusion.
An individual should feel discomfort, guilt, anguish, or any other form of psychological distress
on account of his or her race, color, sex, or national origin.
Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial
colorblindness are racist or sexist, or were created by members of a particular race, color, sex,
or national origin to oppress members of another race, color, sex, or national origin.
However, the bill specifies that it does not prohibit discussion of the aforementioned concepts as part of
a course of training or instruction, provided such training or instruction is given in an objective manner
without endorsement of such concepts.
Florida Educational Equity Act
The bill expands the protections of the Florida Educational Equity Act by explicitly providing that
subjecting a student or employee to training or instruction that espouses, promotes, advances,
inculcates, or compels such student or employee to believe any of the following concepts constitutes
discrimination as contemplated by the Act:
Members of one race, color, national origin, or sex are morally superior to members of another
race, color, national origin, or sex.
A person, by virtue of his or her race, color, national origin, or sex is inherently racist, sexist, or
oppressive, whether consciously or unconsciously.
A person's moral character or status as either privileged or oppressed is necessarily determined
by his or her race, color, national origin, or sex.
Members of one race, color, national origin, or sex cannot and should not attempt to treat others
without respect to race, color, national origin, or sex.
A person, by virtue of his or her race, color, national origin, or sex bears responsibility for, or
should be discriminated against or receive adverse treatment because of, actions committed in
the past by other members of the same race, color, national origin, or sex.
A person, by virtue of his or her race, color, national origin, or sex should be discriminated
against or receive adverse treatment to achieve diversity, equity, or inclusion.
A person should feel discomfort, guilt, anguish, or any other form of psychological distress on
account of his or her race, color, national origin, or sex.
Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial
colorblindness are racist or sexist, or were created by members of a particular race, color,
national origin, or sex to oppress members of another race, color, national origin, or sex.
The bill provides that discussion of the concepts as part of a larger course of training or instruction is
not prohibited, provided such training or instruction is given in an objective manner without
endorsement of the concepts.
The bill amends the provisions of the Act such that “color” replaces the term “ethnicity” and “sex”
replaces the term “gender" to conform to the terminology used in the FCRA.
Required Instruction in Public Schools
The bill reaffirms and acknowledges the fundamental truth that all persons are equal before the law and
have inalienable rights. Therefore, all instruction and supporting materials used to teach required topics
in Florida’s public schools must be consistent with the following principles of individual freedom: STORAGE NAME: h0007a.JDC PAGE: 12
DATE: 1/26/2022
No person is inherently racist, sexist, or oppressive, whether consciously or unconsciously,
solely by virtue of his or her race or sex.
No race is inherently superior to another race.
No person should be discriminated against or receive adverse treatment solely or partly on the
basis of race, color, national origin, religion, disability, or sex.
Meritocracy or traits such as a hard work ethic are not racist but fundamental to the right to
pursue happiness and be rewarded for industry.
A person, by virtue of his or her race or sex, does not bear responsibility for actions committed
in the past by other members of the same race or sex.
A person should not be made to feel discomfort, guilt, anguish, or any other form of
psychological distress on account of his or her race.
The bill provides that instructional personnel may facilitate discussions and use curricula to address, in
an age-appropriate manner, how personal freedoms have been infringed by:
Sexism.
Slavery.
Racial oppression.
Racial segregation.
Racial discrimination.
The enactment and enforcement of laws causing the above-mentioned results.
However, the bill provides that classroom instruction and curricula may not be used to indoctrinate or
persuade students to a particular viewpoint that is inconsistent with the principles enumerated in the bill
or with state academic standards.
The bill updates the required instruction statute to include instruction in life skills that must build
confidence, support mental and emotional health, and enable students to overcome challenges,
including:
Self-awareness and self-management.
Responsible decisionmaking.
Resiliency.
Relationship skills and conflict resolution.
Understanding and respecting other viewpoints and backgrounds.
For grades 9 through 12, current character development program requirements.
The bill reorganizes the required instruction provisions relating to health education and renames the
character development program as civic and character education while retaining all the topics
previously covered, except those now included in the life skills program.
The bill requires that health education and life skills instruction and materials do not contradict the
principles of individual freedom.
Public School Instructional Materials and School Community Professional Development Act
To further safeguard principles of individual freedom, the bill prohibits a person reviewing instructional
materials for use in schools from recommending any material that contradicts the principles of
individual freedom and requires that each school district’s professional development system be
reviewed and approved by the DOE for compliance with the principles of individual freedom.
Additional Conforming Changes
The bill amends ss. 1002.20 and 1006.40, F.S., to make conforming changes.
Effective Date
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY: STORAGE NAME: h0007a.JDC PAGE: 13
DATE: 1/26/2022
Section 1: Amends s. 760.10, F.S., relating to unlawful employment practices.
Section 2: Amends s. 1000.05, F.S., relating to discrimination against students and employees in the
Florida K-20 public education system prohibited; equality of access required.
Section 3: Amends s. 1003.42, F.S., relating to required instruction.
Section 4: Amends s. 1006.31, F.S., relating to duties of the Department of Education and school
district instructional materials reviewer.
Section 5: Amends s. 1012.98, F.S., relating to school community professional development act.
Section 6: Amends s. 1002.20, F.S., relating to K-12 student and parent rights.
Section 7: Amends s. 1006.40, F.S., relating to use of instructional materials allocation; instructional
materials, library books, and reference books; repair of books.
Section 8: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may expand the state’s civil liability exposure if it commits a discriminatory practice
involving a prohibited concept outlined in the bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may expand a local government’s civil liability exposure if it commits a discriminatory
practice involving a prohibited concept outlined in the bill.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may expand a private employer’s civil liability exposure under the FCRA if the employer
commits a discriminatory employment practice prohibited by the bill.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
STORAGE NAME: h0007a.JDC PAGE: 14
DATE: 1/26/2022
The First Amendment to the United States Constitution generally protects the right to free speech.
Public employees have a general First Amendment right to free speech when acting in their personal
capacities.
106
However, a public employee’s right to speak in his or her employment capacity is
limited by the government’s interest in preserving the efficiency of the public services it performs
through its employees.
107
Thus, courts generally authorize a public employer to reasonably regulate
employee speech that is part of the scope of employment.
108
B. RULE-MAKING AUTHORITY:
The rule-making authority necessary to implement this bill is already granted under existing law.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
106
Pickering v. Bd. of Ed. of Township High School Dist. 205, Will Cnty., Ill., 391 U.S. 563 (1968); Tinker v. Des Moines Independent
Community School Dist., 393 U.S. 503 (1969).
107
Belyeu v. Coosa Cnty. Bd. of Ed., 998 F.2d 925 (11th Cir. 1993).
108
Kennedy v. Bremerton School Dist., 139 S. Ct. 634 (2019), citing Garcetti v. Ceballos, 547 U.S. 410 (2006).