HB 6087 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to distribution of harmful materials 2
to minors; amending s. 847.012, F.S.; removing an 3
exception for certain instructional materials; 4
reenacting ss. 1006.28(2)(a), 1006.31(2), 1006.34(2), 5
and 1006.40(3)(d), F.S., relating to the duties of the 6
district school board, the district school 7
superintendent, and the school principal regarding K -8
12 instructional materials, the duties of the 9
Department of Education and school district 10
instructional materials reviewer, the powers and 11
duties of the commissioner and the department in 12
selecting and adopting instructional materials, and 13
the use of instructional materials allocation, 14
respectively, to incorporate am endments made by the 15
act; providing an effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Subsection (5) of section 847.012, Florida 20
Statutes, is amended, and subsection (3) of that section is 21
republished, to read: 22
847.012 Harmful materials; sale or distribution to minors 23
or using minors in production prohibited; penalty. — 24
(3) A person may not knowingly sell, rent, or loan for 25
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monetary consideration to a minor: 26
(a) Any picture, photograph, drawing, sculpture , motion 27
picture film, videocassette, or similar visual representation or 28
image of a person or portion of the human body which depicts 29
nudity or sexual conduct, sexual excitement, sexual battery, 30
bestiality, or sadomasochistic abuse and which is harmful to 31
minors; or 32
(b) Any book, pamphlet, magazine, printed matter however 33
reproduced, or sound recording that contains any matter defined 34
in s. 847.001, explicit and detailed verbal descriptions or 35
narrative accounts of sexual excitement, or sexual conduct an d 36
that is harmful to minors. 37
(5) An adult may not knowingly distribute to a minor on 38
school property, or post on school property, any material 39
described in subsection (3). As used in this subsection, the 40
term "school property" means the grounds or facili ty of any 41
kindergarten, elementary school, middle school, junior high 42
school, or secondary school, whether public or nonpublic. This 43
subsection does not apply to the distribution or posting of 44
school-approved instructional materials that by design serve as 45
a major tool for assisting in the instruction of a subject or 46
course by school officers, instructional personnel, 47
administrative personnel, school volunteers, educational support 48
employees, or managers as those terms are defined in s. 1012.01. 49
Section 2. For the purpose of incorporating the amendment 50
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made by this act to section 847.012, Florida Statutes, in a 51
reference thereto, paragraph (a) of subsection (2) of section 52
1006.28, Florida Statutes, is reenacted to read: 53
1006.28 Duties of district schoo l board, district school 54
superintendent; and school principal regarding K -12 55
instructional materials. — 56
(2) DISTRICT SCHOOL BOARD. —The district school board has 57
the constitutional duty and responsibility to select and provide 58
adequate instructional materi als for all students in accordance 59
with the requirements of this part. The district school board 60
also has the following specific duties and responsibilities: 61
(a) Courses of study; adoption. —Adopt courses of study, 62
including instructional materials, for u se in the schools of the 63
district. 64
1. Each district school board is responsible for the 65
content of all instructional materials and any other materials 66
used in a classroom, made available in a school library, or 67
included on a reading list, whether adopted and purchased from 68
the state-adopted instructional materials list, adopted and 69
purchased through a district instructional materials program 70
under s. 1006.283, or otherwise purchased or made available. 71
Each district school board shall maintain on its websi te a 72
current list of instructional materials, by grade level, 73
purchased by the district. 74
2. Each district school board must adopt a policy 75
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regarding an objection by a parent or a resident of the county 76
to the use of a specific instructional material, whi ch clearly 77
describes a process to handle all objections and provides for 78
resolution. The process must provide the parent or resident the 79
opportunity to proffer evidence to the district school board 80
that: 81
a. An instructional material does not meet the criteria of 82
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 83
a course or otherwise made available to students in the school 84
district but was not subject to the public notice, review, 85
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 86
and 11. 87
b. Any material used in a classroom, made available in a 88
school library, or included on a reading list contains content 89
that is pornographic or prohibited under s. 847.012, is not 90
suited to student needs and their ability to comprehend the 91
material presented, or is inappropriate for the grade level and 92
age group for which the material is used. 93
94
If the district school board finds that an instructional 95
material does not meet the criteria under sub -subparagraph a. or 96
that any other material cont ains prohibited content under sub -97
subparagraph b., the school district shall discontinue use of 98
the material for any grade level or age group for which such use 99
is inappropriate or unsuitable. 100
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3. Each district school board must establish a process by 101
which the parent of a public school student or a resident of the 102
county may contest the district school board's adoption of a 103
specific instructional material. The parent or resident must 104
file a petition, on a form provided by the school board, within 105
30 calendar days after the adoption of the material by the 106
school board. The school board must make the form available to 107
the public and publish the form on the school district's 108
website. The form must be signed by the parent or resident, 109
include the required cont act information, and state the 110
objection to the instructional material based on the criteria of 111
s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days after the 30 -112
day period has expired, the school board must, for all petitions 113
timely received, conduct at leas t one open public hearing before 114
an unbiased and qualified hearing officer. The hearing officer 115
may not be an employee or agent of the school district. The 116
hearing is not subject to the provisions of chapter 120; 117
however, the hearing must provide sufficien t procedural 118
protections to allow each petitioner an adequate and fair 119
opportunity to be heard and present evidence to the hearing 120
officer. 121
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The school board's decision after convening a hearing is final 123
and not subject to further petition or review. 124
Section 3. For the purpose of incorporating the amendment 125
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made by this act to section 847.012, Florida Statutes, in a 126
reference thereto, subsection (2) of section 1006.31, Florida 127
Statutes, is reenacted to read: 128
1006.31 Duties of the Department of Educati on and school 129
district instructional materials reviewer. —The duties of the 130
instructional materials reviewer are: 131
(2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 132
selection criteria listed in s. 1006.34(2)(b) and recommend for 133
adoption only those ins tructional materials aligned with the 134
Next Generation Sunshine State Standards provided for in s. 135
1003.41. Instructional materials recommended by each reviewer 136
shall be, to the satisfaction of each reviewer, accurate, 137
objective, balanced, noninflammatory, current, free of 138
pornography and material prohibited under s. 847.012, and suited 139
to student needs and their ability to comprehend the material 140
presented. Reviewers shall consider for recommendation materials 141
developed for academically talented students, s uch as students 142
enrolled in advanced placement courses. When recommending 143
instructional materials, each reviewer shall: 144
(a) Include only instructional materials that accurately 145
portray the ethnic, socioeconomic, cultural, religious, 146
physical, and racial diversity of our society, including men and 147
women in professional, career, and executive roles, and the role 148
and contributions of the entrepreneur and labor in the total 149
development of this state and the United States. 150
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(b) Include only materials that acc urately portray, 151
whenever appropriate, humankind's place in ecological systems, 152
including the necessity for the protection of our environment 153
and conservation of our natural resources and the effects on the 154
human system of the use of tobacco, alcohol, cont rolled 155
substances, and other dangerous substances. 156
(c) Include materials that encourage thrift, fire 157
prevention, and humane treatment of people and animals. 158
(d) Require, when appropriate to the comprehension of 159
students, that materials for social scien ce, history, or civics 160
classes contain the Declaration of Independence and the 161
Constitution of the United States. A reviewer may not recommend 162
any instructional materials that contain any matter reflecting 163
unfairly upon persons because of their race, color , creed, 164
national origin, ancestry, gender, religion, disability, 165
socioeconomic status, or occupation. 166
Section 4. For the purpose of incorporating the amendment 167
made by this act to section 847.012, Florida Statutes, in a 168
reference thereto, subsection ( 2) of section 1006.34, Florida 169
Statutes, is reenacted to read: 170
1006.34 Powers and duties of the commissioner and the 171
department in selecting and adopting instructional materials. — 172
(2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS. — 173
(a) The department shall notify all publishers and 174
manufacturers of instructional materials who have submitted bids 175
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that within 3 weeks after the deadline for receiving bids, at a 176
designated time and place, it will open the bids submitted and 177
deposited with it. At the t ime and place designated, the bids 178
shall be opened, read, and tabulated in the presence of the 179
bidders or their representatives. No one may revise his or her 180
bid after the bids have been filed. When all bids have been 181
carefully considered, the commissioner shall, from the list of 182
suitable, usable, and desirable instructional materials reported 183
by the state instructional materials reviewers, select and adopt 184
instructional materials for each grade and subject field in the 185
curriculum of public elementary, midd le, and high schools in 186
which adoptions are made and in the subject areas designated in 187
the advertisement. The adoption shall continue for the period 188
specified in the advertisement, beginning on the ensuing April 189
1. The adoption shall not prevent the exten sion of a contract as 190
provided in subsection (3). The commissioner shall always 191
reserve the right to reject any and all bids. The commissioner 192
may ask for new sealed bids from publishers or manufacturers 193
whose instructional materials were recommended by th e state 194
instructional materials reviewers as suitable, usable, and 195
desirable; specify the dates for filing such bids and the date 196
on which they shall be opened; and proceed in all matters 197
regarding the opening of bids and the awarding of contracts as 198
required by this part. In all cases, bids shall be accompanied 199
by a cash deposit or certified check of from $500 to $2,500, as 200
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the department may direct. The department, in adopting 201
instructional materials, shall give due consideration both to 202
the prices bid for furnishing instructional materials and to the 203
report and recommendations of the state instructional materials 204
reviewers. When the commissioner has finished with the report of 205
the state instructional materials reviewers, the report shall be 206
filed and preserved with the department and shall be available 207
at all times for public inspection. 208
(b) In the selection of instructional materials, library 209
media, and other reading material used in the public school 210
system, the standards used to determine the propriet y of the 211
material shall include: 212
1. The age of the students who normally could be expected 213
to have access to the material. 214
2. The educational purpose to be served by the material. 215
Priority shall be given to the selection of materials that align 216
with the Next Generation Sunshine State Standards as provided 217
for in s. 1003.41 and include the instructional objectives 218
contained within the curriculum frameworks for career and 219
technical education and adult and adult general education 220
adopted by rule of the Sta te Board of Education under s. 221
1004.92. 222
3. The degree to which the material would be supplemented 223
and explained by mature classroom instruction as part of a 224
normal classroom instructional program. 225
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4. The consideration of the broad racial, ethnic, 226
socioeconomic, and cultural diversity of the students of this 227
state. 228
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Any instructional material containing pornography or otherwise 230
prohibited by s. 847.012 may not be used or made available 231
within any public school. 232
Section 5. For the purpose of incorpora ting the amendment 233
made by this act to section 847.012, Florida Statutes, in a 234
reference thereto, paragraph (d) of subsection (3) of section 235
1006.40, Florida Statutes, is reenacted to read: 236
1006.40 Use of instructional materials allocation; 237
instructional materials, library books, and reference books; 238
repair of books.— 239
(3) 240
(d) Any materials purchased pursuant to this section must 241
be: 242
1. Free of pornography and material prohibited under s. 243
847.012. 244
2. Suited to student needs and their ability to comprehend 245
the material presented. 246
3. Appropriate for the grade level and age group for which 247
the materials are used or made available. 248
Section 6. This act shall take effect July 1, 2022. 249