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 Rules
BILL: CS/HB 7, 2nd Eng.
INTRODUCER: Education and Employment Committee and Representative Avila
SUBJECT: Individual Freedom
DATE: February 28, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Phelps RC Favorable
I. Summary:
CS/HB 7, 2nd Eng., includes provisions designed to protect individual freedoms and prevent
discrimination in the workplace and in public schools.
The bill specifies that subjecting any individual, 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 specified divisive concepts constitutes unlawful discrimination.
The bill defines individual freedoms based on the fundamental truth that all individuals are equal
before the law and have inalienable rights. Accordingly, the bill requires that instruction,
instructional materials, and professional development in public schools be consistent with
principles of individual freedom.
The bill does not have an impact on state revenues or expenditures.
The bill takes effect July 1, 2022.
II. Present Situation:
Unlawful Discrimination in Florida
In 2019, Governor DeSantis reaffirmed the policy of non-discrimination in government
employment and declared it the policy of his administration to prohibit discrimination in
employment based on age, sex, race, color, religion, national origin, marital status, or disability.
1
1
Office of the Governor, Executive Order Number 19-10, Jan. 8, 2019 (Reaffirming Commitment to Diversity in
Government).
REVISED: BILL: CS/HB 7, 2nd Eng. Page 2
Unlawful Employment Practices
Employers, employment agencies, labor organizations, and joint labor-management committees
are prohibited from engaging in employment practices that discriminate against individuals
based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
2
Florida Civil Rights Act (Part I, Chapter 760, F.S.)
The Florida Civil Rights Act (FCRA) of 1992 protects persons from discrimination based on
race, color, religion, sex, pregnancy, national origin, age, handicap, and marital status.
3
The
FCRA establishes the Florida Commission on Human Relations (the Commission) within the
Department of Management Services.
4
The Commission is empowered to receive, initiate, investigate, conciliate, hold hearings, and act
upon complaints alleging discriminatory practices.
5
Additionally, the Attorney General may
initiate a civil action for damages, injunctive relief, civil penalties of up to $10,000 per violation,
and other appropriate relief.
6
Florida Educational Equity Act
The Florida Educational Equity Act
7
(“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 race, ethnicity, gender, national origin, disability, religion, or marital status.
8
No
individual may, on such bases, 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 any
employment conditions or practices, conducted by a public educational institution that receives
or benefits from federal or state financial assistance.
9
The prohibitions on discrimination extend 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.
10
The Act is implemented by the Board of Governors and the State Board of Education (SBE).
11
2
See s. 760.10, F.S. Limited exceptions apply in bona-fide scenarios where authorized by law or necessary for the
performance of the particular employment. See s. 760.10(8), F.S.
3
Section 760.01, F.S.
4
Section 760.03-04, F.S.
5
Section 760.06(5), F.S.
6
Section 760.021(1), F.S.
7
Section 1000.05(1), F.S.
8
Section 1000.05(2)(a), F.S.
9
Id. 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. Section 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. Sections
1000.05(2)(c) and (e), F.S.
10
Section 1000.05(3)(a), 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. Section 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. Section 1000.05(3)(d), F.S.
11
Board of Governors, Regulation 2.003 (2020); ch. 6A-19, F.A.C. BILL: CS/HB 7, 2nd Eng. Page 3
The Act expressly requires any discrimination motivated by anti-Semitic
12
intent be treated in an
identical manner to discrimination motivated by race.
13
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.
14
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.
15
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, certain prescribed courses of study, including
health education and character development.
16
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.
17
SBE rule regarding required instruction and reporting requires 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.
18
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.
19
Instruction may not utilize material from the 1619 Project
20
and may not define
12
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. Section 1005.05(7), F.S. The Act also lists
examples of anti-Semitism. Section 1000.05(7)(a)-(b), F.S.
13
Section 1000.05(7), F.S.
14
Section 1000.05(8), F.S.
15
Section 1003.42(1), F.S.
16
Section 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. Section 1002.33(16), F.S.
17
Section 1003.42(2), F.S.
18
Rule 6A-1.094124(3)(b), F.A.C.
19
Rule 6A-1.094124(3)(b), F.A.C.
20
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+, available at BILL: CS/HB 7, 2nd Eng. Page 4
American history as something other than the creation of a new nation based largely on universal
principles stated in the Declaration of Independence.
21
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:
22
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 Department of Education (DOE).
23
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.
24
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; 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.
25
The character development curriculum for grades 11 and 12 must include instruction on voting
using the uniform primary and general election ballot.
26
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.
21
Rule 6A-1.094124(3)(b), F.A.C.
22
Section 1003.42(2)(n), F.S.
23
Section 1003.42(2)(s), F.S.
24
Section 1003.42(2)(s)1., F.S.
25
Section 1003.42(2)(s)2., F.S.
26
Section 1003.42(2)(s)3., F.S. BILL: CS/HB 7, 2nd Eng. Page 5
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.
27
The History of African Americans
Teachers must provide instruction on the history of African Americans, including the history of
African peoples before the political conflicts that led to the development of slavery, the passage
to America, the enslavement experience, abolition, and the contributions of African Americans
to society. Instructional materials are required to include the contributions of African Americans
to American society.
28
Public School Instructional Materials
Adoption of State Instructional Materials
At the state level, the Commissioner of Education (commissioner) adopts instructional materials
according to a five-year rotating schedule.
29
The SBE adopts the rules for the DOE to evaluate
instructional materials submitted by publishers and manufacturers in each adoption.
30
The
commissioner must determine annually the areas in which instructional materials will be
submitted for adoption and the number of titles in each area.
31
The commissioner must appoint
three state or national experts in the content areas submitted for adoption to review the
instructional materials.
32
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.
33
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.
34
The district school board is authorized to implement an instructional materials program that
includes the review, recommendation, adoption, and purchase of materials.
35
The district school
board may utilize the state-adopted instructional materials list or instructional materials adopted
through the district instructional materials program.
36
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.
37
27
Section 1003.42(2), F.S.
28
Section 1003.42(2)(h), F.S.
29
Section 1006.36(1), F.S.
30
Section 1006.34(1), F.S.; Rule 6A-7.0710, F.A.C.
31
Section 1006.29(1)(a), F.S.
32
Section 1006.29(1)(b), F.S.
33
Section 1006.28(2)
34
Section 1006.28(1) and 1001.03(1), F.S.
35
Section 1006.283(1).
36
Section 1006.28(2)(a)1., F.S.
37
Section 1006.283(1), F.S. BILL: CS/HB 7, 2nd Eng. Page 6
Requirements for Review of Instructional Materials
Reviewers of instructional materials may recommend for adoption only instructional materials
aligned with state educational standards.
38
In addition, reviewers must consider:
39
The age of the students who normally could be expected to have access to the material.
The educational purpose to be served by the material.
The degree to which the material would be supplemented and explained by mature classroom
instruction as part of a normal classroom instructional program.
The consideration of the 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,
40
and suited to student needs and their ability to comprehend the material
presented.
41
Reviewers must consider for recommendation materials developed for academically
talented students, such as students enrolled in advanced placement courses.
42
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.
43
When recommending instructional
materials, each reviewer must:
44
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
38
Section 1006.31(2), F.S.
39
Sections 1006.31(2) and 1006.34(2)(b), F.S.
40
Section 847.012, F.S., lists materials that are prohibited from distribution to minors.
41
Section 1006.31(2), F.S.
42
Section 1006.31(2), F.S.
43
Section 1006.31(2)(d), F.S.
44
Section 1006.31(2), F.S. BILL: CS/HB 7, 2nd Eng. Page 7
improvement plans.
45
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.
46
Requirements Related to Specified Divisive Ideas or Concepts
White House Executive Order
In 2020, President Trump issued an Executive Order prohibiting divisive concepts, race or sex
stereotyping, and race or sex scapegoating in the Executive Branch. The order defined divisive
concepts as concepts that:
47
One race or sex is inherently superior to another race or sex.
The United States is fundamentally racist or sexist.
An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously.
An individual should be discriminated against or receive adverse treatment solely or partly
because of his or her race or sex.
Members of one race or sex cannot and should not attempt to treat others without respect to
race or sex.
An individual's moral character is necessarily determined by his or her race or sex.
An individual, by virtue of his or her race or sex, bears responsibility for actions committed
in the past by other members of the same race or sex.
Any individual should feel discomfort, guilt, anguish, or any other form of psychological
distress on account of his or her race or sex.
Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a
particular race to oppress another race.
Promote race or sex stereotyping, which means ascribing character traits, values, moral and
ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his
or her race or sex.
Promote race or sex scapegoating, which means assigning fault, blame, or bias to a race or
sex, or to members of a race or sex because of their race or sex. It similarly encompasses any
claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of
any race are inherently racist or are inherently inclined to oppress others, or that members of
a sex are inherently sexist or inclined to oppress others.
President Biden revoked the Executive Order in 2021, declaring that advancing equity, civil
rights, racial justice, and equal opportunity is the responsibility of the whole of our
Government.
48
45
Section 1012.98(3)(a), F.S.
46
Section 1012.98(4)(b), F.S.
47
Exec. Order No. 13,950, 85 Fed. Reg. 60,683 (Sept. 22, 2020).
48
Exec. Order No. 13,985, 86 Fed. Reg. 7,009 (Jan. 25, 2021). BILL: CS/HB 7, 2nd Eng. Page 8
State Actions Regarding Specified Divisive Ideas or Concepts
In 2021, 10 state governors signed into law or allowed to become law legislation related to the
teaching or training about specified divisive concepts in K-12 education, postsecondary
education, state agencies, and employers. Specifically, nine states enacted legislation regarding
the teaching of specified divisive ideas or concepts, or their inclusion in curricula, in K-12 public
schools.
49
Four states enacted legislation regarding teaching at postsecondary institutions.
50
Four
states approved laws relating to training by employers or state agencies.
51
In addition, Montana and Utah have imposed similar restrictions on public school teaching or
employer training relating to specified divisive ideas and concepts through attorney general
opinion or state board of education action.
52
III. Effect of Proposed Changes:
CS/HB 7, 2nd Eng., includes provisions designed to protect individual freedoms and prevent
discrimination in the workplace and in public schools. In this regard, the bill defines individual
freedoms based on the truth that all individuals are equal before the law and have inalienable
rights.
Unlawful Employment Practices.
The bill adds to s. 760.10, F.S., to clarify that certain behavior constitutes unlawful
discrimination based on race, color, sex, or national origin. The bill specifies that subjecting any
individual, 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:
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.
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.
49
Arizona (HB 2898), Idaho (HB 377), Iowa (HF 802), New Hampshire (HB 2), North Dakota (HB 1508), Oklahoma (HB
1775), South Carolina (H. 4325), Tennessee (HB 062), Texas (SB 3). However, in Arizona, HB 2898 was invalidated by the
Arizona Supreme Court for violating the “title requirement” and “single subject rule” of the Arizona Constitution. Arizona
Sch. Boards Ass'n, Inc. v. State, CV-21-0234-T/AP, 2022 WL 57291 (Ariz. Jan. 6, 2022).
50
Idaho (HB 377), Iowa (HF 802), Oklahoma (HB 1775), South Carolina (H. 4325).
51
Arkansas (SB 627), Arizona (HB 2906), Iowa (HB 802), New Hampshire (HB 2).
52
The Montana Attorney General held that use of “Critical Race Theory” (CRT) and “antiracism” programming in education
and employment is discriminatory and violates federal and state law. Austin Knudsen, Montana Attorney General, Vol. 58,
Opinion No. 1 (May 27, 2021) available at https://media.dojmt.gov/wp-content/uploads/AGO-V58-O1-5.27.21-FINAL.pdf.
Rule R277-328-1. The Utah state board rule provides local education agencies with the standards for educators and local
education agencies regarding professional learning, and guidelines and requirements for curriculum, and classroom
instruction on inclusion and educational equity. Utah State Board of Education (Aug. 9, 2021), available at
https://www.schools.utah.gov/file/722ef396-b45a-4dbb-a974-00a9d9dbcac0. The Alabama and Georgia State Boards of
Education have passed resolutions prohibiting certain instruction, which include provisions regarding future rulemaking. BILL: CS/HB 7, 2nd Eng. Page 9
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.
The bill clarifies that discussion of the above-listed concepts is allowed as part of a course of
training or instruction, provided such training or instruction is given in an objective manner
without endorsement of the concepts.
The bill provides that if any provision of the bill that relates to the unlawful employment
practices in s. 760.10, F.S., or the provision’s application to any person or circumstance, is held
invalid, the invalidity does not affect other provisions or applications of the section which can be
given effect without the invalid provision or application, and to this end the provisions are
severable.
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, by virtue of his or her race, color, sex, or national origin, bears personal
responsibility for and must feel guilt, anguish, or other forms of psychological distress
because of actions, in which the person played no part, committed in the past by other
members of the same race, color, sex, or national origin. BILL: CS/HB 7, 2nd Eng. Page 10
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 Florida Civil Rights
Act.
Required Instruction in Public Schools
The bill modifies the instruction required in s. 1003.42, F.S. The bill renames the character
development curriculum as civic and character education. The bill also shifts the character
development requirements for grades 9 through 12 and the mental and emotional health
component of health education into newly required education on life skills.
The bill specifies that the instruction in life skills 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, developing leadership skills, interpersonal skills, organization skills,
and research skills; creating a resume, including a digital resume; exploring career pathways;
using state career planning resources; developing and practicing the skills necessary for
employment interviews; workplace ethics and workplace law; managing stress and
expectations; and self-motivation.
The bill specifies that health education and life skills instruction and materials may not contradict
principles of individual freedom specified in the bill.
The bill requires that instruction in the history of African Americans:
Include the history and contributions of Americans of the African diaspora to society.
Develop in students an understanding of the ramifications of prejudice, racism, and
stereotyping on individual freedoms, and examine what it means to be a responsible and
respectful person, for the purpose of encouraging tolerance of diversity in a pluralistic society
and for nurturing and protecting democratic values and institutions.
Include the roles and contributions of individuals from all walks of life and their endeavors to
learn and thrive throughout history as artists, scientists, educators, businesspeople, influential
thinkers, members of the faith community, and political and governmental leaders and the
courageous steps they took to fulfill the promise of democracy and unite the nation. BILL: CS/HB 7, 2nd Eng. Page 11
Use instructional materials that include the vital contributions of African Americans to build
and strengthen American society and celebrate the inspirational stories of African Americans
who prospered, even in the most difficult circumstances.
The bill authorizes instructional personnel to facilitate discussions and use curricula to address,
in an age-appropriate manner, how the individual freedoms of persons have been infringed by
slavery, racial oppression, racial segregation, and racial discrimination, as well as topics relating
to the enactment and enforcement of laws resulting in racial oppression, racial segregation, and
racial discrimination and how recognition of these freedoms has overturned these unjust laws.
The bill specifies that classroom instruction and curriculum may not be used to indoctrinate or
persuade students to a particular point of view inconsistent with the principles of individual
freedom or the state academic standards.
The bill requires the Department of Education (DOE) to prepare and offer standards and
curriculum for the instruction and authorizes the DOE to seek input from the Commissioner of
Education's African American History Task Force.
Individual Freedom
The bill provides a legislative acknowledgment of the fundamental truth that all individuals are
equal before the law and have inalienable rights. Accordingly, the bill provides that required
instruction and supporting materials must be consistent with the following principles of
individual freedom:
No individual 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 individual 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.
An individual, 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.
An individual 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, and racial discrimination, including how
recognition of these freedoms have overturned these unjust laws. The bill requires the State
Board of Education to develop or adopt a “Stories of Inspiration” curriculum. This curriculum
must consist of stories of American history that demonstrate important life skills and the
principles of individual freedom that enabled individuals to prosper even in the most difficult
circumstances.
The bill prohibits classroom instruction and curriculum from being used to indoctrinate or
persuade students to a particular point of view inconsistent with the principles of individual
freedom or state academic standards. BILL: CS/HB 7, 2nd Eng. Page 12
The bill modifies ss. 1006.31 and 1012.98, F.S., to further safeguard principles of individual
freedom. The bill specifies that a person reviewing instructional materials for use in schools may
not recommend any material that contradicts with principles of individual freedom. The bill also
provides that each school district’s professional development system must be reviewed and
approved by the DOE for compliance with the principles of individual freedom.
The bill takes effect July 1, 2022.
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:
None.
VI. Technical Deficiencies:
None. BILL: CS/HB 7, 2nd Eng. Page 13
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 760.10, 1000.05,
1002.20, 1003.42, 1006.31, 1006.40, and 1012.98.
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.