Florida 2022 Regular Session

Florida House Bill H6087 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to distribution of harmful materials 2
16	16	to minors; amending s. 847.012, F.S.; removing an 3
17	17	exception for certain instructional materials; 4
18	18	reenacting ss. 1006.28(2)(a), 1006.31(2), 1006.34(2), 5
19	19	and 1006.40(3)(d), F.S., relating to the duties of the 6
20	20	district school board, the district school 7
21	21	superintendent, and the school principal regarding K -8
22	22	12 instructional materials, the duties of the 9
23	23	Department of Education and school district 10
24	24	instructional materials reviewer, the powers and 11
25	25	duties of the commissioner and the department in 12
26	26	selecting and adopting instructional materials, and 13
27	27	the use of instructional materials allocation, 14
28	28	respectively, to incorporate am endments made by the 15
29	29	act; providing an effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. Subsection (5) of section 847.012, Florida 20
34	34	Statutes, is amended, and subsection (3) of that section is 21
35	35	republished, to read: 22
36	36	847.012 Harmful materials; sale or distribution to minors 23
37	37	or using minors in production prohibited; penalty. — 24
38	38	(3) A person may not knowingly sell, rent, or loan for 25
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47	47	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
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51	51	monetary consideration to a minor: 26
52	52	(a) Any picture, photograph, drawing, sculpture , motion 27
53	53	picture film, videocassette, or similar visual representation or 28
54	54	image of a person or portion of the human body which depicts 29
55	55	nudity or sexual conduct, sexual excitement, sexual battery, 30
56	56	bestiality, or sadomasochistic abuse and which is harmful to 31
57	57	minors; or 32
58	58	(b) Any book, pamphlet, magazine, printed matter however 33
59	59	reproduced, or sound recording that contains any matter defined 34
60	60	in s. 847.001, explicit and detailed verbal descriptions or 35
61	61	narrative accounts of sexual excitement, or sexual conduct an d 36
62	62	that is harmful to minors. 37
63	63	(5) An adult may not knowingly distribute to a minor on 38
64	64	school property, or post on school property, any material 39
65	65	described in subsection (3). As used in this subsection, the 40
66	66	term "school property" means the grounds or facili ty of any 41
67	67	kindergarten, elementary school, middle school, junior high 42
68	68	school, or secondary school, whether public or nonpublic. This 43
69	69	subsection does not apply to the distribution or posting of 44
70	70	school-approved instructional materials that by design serve as 45
71	71	a major tool for assisting in the instruction of a subject or 46
72	72	course by school officers, instructional personnel, 47
73	73	administrative personnel, school volunteers, educational support 48
74	74	employees, or managers as those terms are defined in s. 1012.01. 49
75	75	Section 2. For the purpose of incorporating the amendment 50
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84	84	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
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88	88	made by this act to section 847.012, Florida Statutes, in a 51
89	89	reference thereto, paragraph (a) of subsection (2) of section 52
90	90	1006.28, Florida Statutes, is reenacted to read: 53
91	91	1006.28 Duties of district schoo l board, district school 54
92	92	superintendent; and school principal regarding K -12 55
93	93	instructional materials. — 56
94	94	(2) DISTRICT SCHOOL BOARD. —The district school board has 57
95	95	the constitutional duty and responsibility to select and provide 58
96	96	adequate instructional materi als for all students in accordance 59
97	97	with the requirements of this part. The district school board 60
98	98	also has the following specific duties and responsibilities: 61
99	99	(a) Courses of study; adoption. —Adopt courses of study, 62
100	100	including instructional materials, for u se in the schools of the 63
101	101	district. 64
102	102	1. Each district school board is responsible for the 65
103	103	content of all instructional materials and any other materials 66
104	104	used in a classroom, made available in a school library, or 67
105	105	included on a reading list, whether adopted and purchased from 68
106	106	the state-adopted instructional materials list, adopted and 69
107	107	purchased through a district instructional materials program 70
108	108	under s. 1006.283, or otherwise purchased or made available. 71
109	109	Each district school board shall maintain on its websi te a 72
110	110	current list of instructional materials, by grade level, 73
111	111	purchased by the district. 74
112	112	2. Each district school board must adopt a policy 75
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121	121	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
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123	123
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125	125	regarding an objection by a parent or a resident of the county 76
126	126	to the use of a specific instructional material, whi ch clearly 77
127	127	describes a process to handle all objections and provides for 78
128	128	resolution. The process must provide the parent or resident the 79
129	129	opportunity to proffer evidence to the district school board 80
130	130	that: 81
131	131	a. An instructional material does not meet the criteria of 82
132	132	s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 83
133	133	a course or otherwise made available to students in the school 84
134	134	district but was not subject to the public notice, review, 85
135	135	comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 86
136	136	and 11. 87
137	137	b. Any material used in a classroom, made available in a 88
138	138	school library, or included on a reading list contains content 89
139	139	that is pornographic or prohibited under s. 847.012, is not 90
140	140	suited to student needs and their ability to comprehend the 91
141	141	material presented, or is inappropriate for the grade level and 92
142	142	age group for which the material is used. 93
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144	144	If the district school board finds that an instructional 95
145	145	material does not meet the criteria under sub -subparagraph a. or 96
146	146	that any other material cont ains prohibited content under sub -97
147	147	subparagraph b., the school district shall discontinue use of 98
148	148	the material for any grade level or age group for which such use 99
149	149	is inappropriate or unsuitable. 100
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158	158	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
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162	162	3. Each district school board must establish a process by 101
163	163	which the parent of a public school student or a resident of the 102
164	164	county may contest the district school board's adoption of a 103
165	165	specific instructional material. The parent or resident must 104
166	166	file a petition, on a form provided by the school board, within 105
167	167	30 calendar days after the adoption of the material by the 106
168	168	school board. The school board must make the form available to 107
169	169	the public and publish the form on the school district's 108
170	170	website. The form must be signed by the parent or resident, 109
171	171	include the required cont act information, and state the 110
172	172	objection to the instructional material based on the criteria of 111
173	173	s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days after the 30 -112
174	174	day period has expired, the school board must, for all petitions 113
175	175	timely received, conduct at leas t one open public hearing before 114
176	176	an unbiased and qualified hearing officer. The hearing officer 115
177	177	may not be an employee or agent of the school district. The 116
178	178	hearing is not subject to the provisions of chapter 120; 117
179	179	however, the hearing must provide sufficien t procedural 118
180	180	protections to allow each petitioner an adequate and fair 119
181	181	opportunity to be heard and present evidence to the hearing 120
182	182	officer. 121
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184	184	The school board's decision after convening a hearing is final 123
185	185	and not subject to further petition or review. 124
186	186	Section 3. For the purpose of incorporating the amendment 125
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195	195	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
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199	199	made by this act to section 847.012, Florida Statutes, in a 126
200	200	reference thereto, subsection (2) of section 1006.31, Florida 127
201	201	Statutes, is reenacted to read: 128
202	202	1006.31 Duties of the Department of Educati on and school 129
203	203	district instructional materials reviewer. —The duties of the 130
204	204	instructional materials reviewer are: 131
205	205	(2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 132
206	206	selection criteria listed in s. 1006.34(2)(b) and recommend for 133
207	207	adoption only those ins tructional materials aligned with the 134
208	208	Next Generation Sunshine State Standards provided for in s. 135
209	209	1003.41. Instructional materials recommended by each reviewer 136
210	210	shall be, to the satisfaction of each reviewer, accurate, 137
211	211	objective, balanced, noninflammatory, current, free of 138
212	212	pornography and material prohibited under s. 847.012, and suited 139
213	213	to student needs and their ability to comprehend the material 140
214	214	presented. Reviewers shall consider for recommendation materials 141
215	215	developed for academically talented students, s uch as students 142
216	216	enrolled in advanced placement courses. When recommending 143
217	217	instructional materials, each reviewer shall: 144
218	218	(a) Include only instructional materials that accurately 145
219	219	portray the ethnic, socioeconomic, cultural, religious, 146
220	220	physical, and racial diversity of our society, including men and 147
221	221	women in professional, career, and executive roles, and the role 148
222	222	and contributions of the entrepreneur and labor in the total 149
223	223	development of this state and the United States. 150
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232	232	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
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236	236	(b) Include only materials that acc urately portray, 151
237	237	whenever appropriate, humankind's place in ecological systems, 152
238	238	including the necessity for the protection of our environment 153
239	239	and conservation of our natural resources and the effects on the 154
240	240	human system of the use of tobacco, alcohol, cont rolled 155
241	241	substances, and other dangerous substances. 156
242	242	(c) Include materials that encourage thrift, fire 157
243	243	prevention, and humane treatment of people and animals. 158
244	244	(d) Require, when appropriate to the comprehension of 159
245	245	students, that materials for social scien ce, history, or civics 160
246	246	classes contain the Declaration of Independence and the 161
247	247	Constitution of the United States. A reviewer may not recommend 162
248	248	any instructional materials that contain any matter reflecting 163
249	249	unfairly upon persons because of their race, color , creed, 164
250	250	national origin, ancestry, gender, religion, disability, 165
251	251	socioeconomic status, or occupation. 166
252	252	Section 4. For the purpose of incorporating the amendment 167
253	253	made by this act to section 847.012, Florida Statutes, in a 168
254	254	reference thereto, subsection ( 2) of section 1006.34, Florida 169
255	255	Statutes, is reenacted to read: 170
256	256	1006.34 Powers and duties of the commissioner and the 171
257	257	department in selecting and adopting instructional materials. — 172
258	258	(2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS. — 173
259	259	(a) The department shall notify all publishers and 174
260	260	manufacturers of instructional materials who have submitted bids 175
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269	269	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
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273	273	that within 3 weeks after the deadline for receiving bids, at a 176
274	274	designated time and place, it will open the bids submitted and 177
275	275	deposited with it. At the t ime and place designated, the bids 178
276	276	shall be opened, read, and tabulated in the presence of the 179
277	277	bidders or their representatives. No one may revise his or her 180
278	278	bid after the bids have been filed. When all bids have been 181
279	279	carefully considered, the commissioner shall, from the list of 182
280	280	suitable, usable, and desirable instructional materials reported 183
281	281	by the state instructional materials reviewers, select and adopt 184
282	282	instructional materials for each grade and subject field in the 185
283	283	curriculum of public elementary, midd le, and high schools in 186
284	284	which adoptions are made and in the subject areas designated in 187
285	285	the advertisement. The adoption shall continue for the period 188
286	286	specified in the advertisement, beginning on the ensuing April 189
287	287	1. The adoption shall not prevent the exten sion of a contract as 190
288	288	provided in subsection (3). The commissioner shall always 191
289	289	reserve the right to reject any and all bids. The commissioner 192
290	290	may ask for new sealed bids from publishers or manufacturers 193
291	291	whose instructional materials were recommended by th e state 194
292	292	instructional materials reviewers as suitable, usable, and 195
293	293	desirable; specify the dates for filing such bids and the date 196
294	294	on which they shall be opened; and proceed in all matters 197
295	295	regarding the opening of bids and the awarding of contracts as 198
296	296	required by this part. In all cases, bids shall be accompanied 199
297	297	by a cash deposit or certified check of from $500 to $2,500, as 200
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306	306	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
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310	310	the department may direct. The department, in adopting 201
311	311	instructional materials, shall give due consideration both to 202
312	312	the prices bid for furnishing instructional materials and to the 203
313	313	report and recommendations of the state instructional materials 204
314	314	reviewers. When the commissioner has finished with the report of 205
315	315	the state instructional materials reviewers, the report shall be 206
316	316	filed and preserved with the department and shall be available 207
317	317	at all times for public inspection. 208
318	318	(b) In the selection of instructional materials, library 209
319	319	media, and other reading material used in the public school 210
320	320	system, the standards used to determine the propriet y of the 211
321	321	material shall include: 212
322	322	1. The age of the students who normally could be expected 213
323	323	to have access to the material. 214
324	324	2. The educational purpose to be served by the material. 215
325	325	Priority shall be given to the selection of materials that align 216
326	326	with the Next Generation Sunshine State Standards as provided 217
327	327	for in s. 1003.41 and include the instructional objectives 218
328	328	contained within the curriculum frameworks for career and 219
329	329	technical education and adult and adult general education 220
330	330	adopted by rule of the Sta te Board of Education under s. 221
331	331	1004.92. 222
332	332	3. The degree to which the material would be supplemented 223
333	333	and explained by mature classroom instruction as part of a 224
334	334	normal classroom instructional program. 225
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343	343	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
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347	347	4. The consideration of the broad racial, ethnic, 226
348	348	socioeconomic, and cultural diversity of the students of this 227
349	349	state. 228
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351	351	Any instructional material containing pornography or otherwise 230
352	352	prohibited by s. 847.012 may not be used or made available 231
353	353	within any public school. 232
354	354	Section 5. For the purpose of incorpora ting the amendment 233
355	355	made by this act to section 847.012, Florida Statutes, in a 234
356	356	reference thereto, paragraph (d) of subsection (3) of section 235
357	357	1006.40, Florida Statutes, is reenacted to read: 236
358	358	1006.40 Use of instructional materials allocation; 237
359	359	instructional materials, library books, and reference books; 238
360	360	repair of books.— 239
361	361	(3) 240
362	362	(d) Any materials purchased pursuant to this section must 241
363	363	be: 242
364	364	1. Free of pornography and material prohibited under s. 243
365	365	847.012. 244
366	366	2. Suited to student needs and their ability to comprehend 245
367	367	the material presented. 246
368	368	3. Appropriate for the grade level and age group for which 247
369	369	the materials are used or made available. 248
370	370	Section 6. This act shall take effect July 1, 2022. 249