Florida 2023 2023 Regular Session

Florida House Bill H0863 Analysis / Analysis

Filed 03/22/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0863a.EQS 
DATE: 3/22/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 863    Holocaust Remembrance Day 
SPONSOR(S): Harris and others 
TIED BILLS:   IDEN./SIM. BILLS: SB 832 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Education Quality Subcommittee 	18 Y, 0 N Dixon Sanchez 
2) Constitutional Rights, Rule of Law & 
Government Operations Subcommittee 
   
3) Education & Employment Committee   
SUMMARY ANALYSIS 
 
The Holocaust (1933-1945) was the systematic, state-sponsored persecution and murder of millions of 
European Jews and other groups by Nazi Germany. About six million Jews and some five million others, 
targeted for racial, political, ideological and behavioral reasons, died in the Holocaust, more than one million of 
those who perished were children. 
 
The bill requires the Governor to proclaim January 27 of each year to be “Holocaust Remembrance Day”. This 
day will be suitably observed in public schools and by public exercise in the State Capitol and elsewhere as the 
Governor may designate. 
 
The bill specifies that if January 27 falls on a day that is not a school day, Holocaust Remembrance Day must 
be observed in the schools on the preceding school day or on such school day as may be designated by local 
school authorities.  
 
The bill requires instruction about the Holocaust, anti-Semitism, and their harmful impacts on humanity to be 
provided as part of public educational instruction on Holocaust Remembrance Day.   
 
The bill does not appear to have a fiscal impact.  
 
This bill provides an effective date of July 1, 2023. 
 
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FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Legal Holidays and Observances 
 
Chapter 683, F.S., provides designations for legal holidays and special observances. 
Recognition of a legal holiday or special observance may apply statewide or may be limited to a 
particular region. For example, “Gasparilla Day”
1
 is a legal holiday observed only in Hillsborough 
County, while “Bill of Rights Day,”
2
 if issued by the Governor, applies throughout the state.  
Depending on the holiday or special observance, certain actions may be required to be 
performed for the commemoration or observance of the date, day, or month. For example, the 
Governor may annually issue a proclamation designating April 2 as “Florida State Day” and may 
designate the week of March 27 to April 2 as “Pascua Florida Week.”
3
 Florida law recognizes 
the month of September as “American Founders’ Month,”
4
 urging all civic, fraternal, and 
religious organizations and public and private educational institutions to recognize this occasion 
through appropriate programs and celebrations, and the last full week of classes in September 
as “Celebrate Freedom Week,”
5
 in which public schools are required to include at least three 
hours of grade-appropriate instruction related to the meaning and importance of the Declaration 
of Independence in social studies classes.
6
 
 
There are 21 legal holidays
7
established in law and 36 special observances.
8
 The state 
recognizes nine paid holidays that are observed by all state branches and agencies.
9
 
 
The Holocaust 
 
The Holocaust (1933-1945) was the systematic, state-sponsored persecution and murder of six million 
European Jews and others by Nazi Germany. In the beginning of Nazi rule, dictator Adolf Hitler used 
the government to target and exclude Jews from German society. Among other antisemitic measures, 
the Nazi German regime enacted discriminatory laws and organized violence targeting Germany’s 
Jews.
10
 
 
The Nazi persecution of Jews became radicalized with the culminated plan known as the “Final 
Solution to the Jewish Question”. The “Final Solution” came to fruition during World War II, with mass 
killing centers in concentration camps. About six million Jews and some five million others, targeted for 
racial, political, ideological and behavioral reasons, died in the Holocaust, more than one million of 
those who perished were children.
11
 
 
Commemoration of the Holocaust 
 
                                                
1
 Section 683.08, F.S. 
2
 Section 683.25, F.S. 
3
 Section 683.06, F.S.  
4
 Section 683.1455, F.S. 
5
 Section 1003.421, F.S. 
6
 See Florida Department of Education, American Founders’ Month, http://www.fldoe.org/academics/standards/subject-areas/social-
studies/American-Founders-Month.stml (last visited Mar. 16, 2023). 
7
 Section 683.01, F.S. 
8
 Sections 683.04 - 683.3341, F.S. 
9
 Section 110.117(1), F.S. Paid state holidays include: New Year’s Day, the Birthday of Martin Luther King, Jr., Memorial Day, 
Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day. 
10
 United States Holocaust Memorial Museum, Introduction to the Holocaust,  
https://encyclopedia.ushmm.org/content/en/article/introduction-to-the-holocaust (last visited Mar. 16, 2023). 
11
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DATE: 3/22/2023 
  
The United Nations General Assembly designated January 27, the anniversary of the liberation of 
Auschwitz-Birkenau, as International Holocaust Remembrance Day. On this annual day of 
commemoration, the UN urges every member state to honor the six million Jewish victims of the 
Holocaust and millions of other victims of Nazism and to develop education programs to help prevent 
future genocides.
12
  
 
Florida Educational Standards 
 
The educational standards are student-centered expectations from which all curriculum, instruction, and 
assessments are based. The goal of the standards is to provide concise, developmentally appropriate, 
and historically accurate information to contribute to an informed citizenry.
13
 In compliance with 
Executive Order 19-32,
14
 from February 2019 through early April 2020,
15
 the Florida Department of 
Education (DOE) reviewed and updated its standards on mathematics and English language arts.
16
 The 
process included extensive collection of public opinion, analysis by a committee of experts, and 
collection of stakeholder input, prior to approval from the State Board of Education (SBE) at its July 
2021 meeting.
17
  
 
Holocaust Education in Florida 
 
In 2020, the Legislature directed the DOE to develop standards for Holocaust Education.
18
 The DOE 
worked closely with the Commissioner of Education’s Task Force on Holocaust Education and Florida 
teachers to develop content-rich and developmentally appropriate Holocaust Education standards. In 
the process, DOE received and considered comments from state and nationally recognized Holocaust 
educational organizations, Florida educators, school administrators, representatives of the Florida 
College System and state universities, business and industry leaders, and the public.
19
  
 
In July 2021, the SBE adopted the updated State Standards for Social Studies, incorporating revised 
civics and government standards
20
 and new standards for grades 5-12 for Holocaust education.
21
 
 
Required instruction on the Holocaust (1933-1945) must include the history of the systematic, planned 
annihilation of European Jews and other groups by Nazi Germany, a watershed event in the history of 
humanity, and be taught in a manner that leads to an investigation of human behavior, an 
understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it 
means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity  
in a pluralistic society and for nurturing and protecting democratic values and institutions, including the 
policy, definition, and historical and current examples of anti-Semitism.
22
  
 
                                                
12
 United Nations General Assembly Resolution 60/7. See also, United Nations, Outreach Programme on the Holocaust, 
https://www.un.org/en/holocaustremembrance/observance/.  
13
 Florida Administrative Code and Florida Administrative Register, Next Generation Sunshine State Standards – Social Studies, 
2021, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13403 (lasted visited Mar. 16, 2023). 
14
 State of Florida, Office of the Governor Executive Order Number 19-32(2019), available at https://www.flgov.com/wp-
content/uploads/orders/2019/EO_19-32.pdf.  
15
 Florida Department of Education, Florida Standards Review Timeline Mathematics and English Language Arts, available at 
https://www.fldoe.org/core/fileparse.php/18736/urlt/StandardsReviewTimeline.pdf.   
16
 See CPLAMS, Florida’s B.E.S.T. Standards English Language Arts (2020), available at 
https://cpalmsmediaprod.blob.core.windows.net/uploads/docs/standards/best/la/elabeststandardsfinal.pdf; See also CPLAMS, 
Florida’s B.E.S.T. Standards Mathematics (2020), available at 
https://cpalmsmediaprod.blob.core.windows.net/uploads/docs/standards/best/ma/mathbeststandardsfinal.pdf. 
17
 Florida Department of Education, State Board of Education July 14, 2021 Meeting Agenda, available at 
https://www.fldoe.org/policy/state-board-of-edu/meetings/2021/2021-07-14/ (last visited Mar. 16, 2023). 
18
 Section 5, ch. 2020-88, L.O.F. 
19
 Florida Department of Education, Next Generation Sunshine Standards – Social Studies, 2021, 
https://www.fldoe.org/core/fileparse.php/18736/urlt/SR-SocialStudies.pdf.  
20
 Section 1, ch. 2019-150, L.O.F. 
21
 FDOE, supra note 19. 
22
 Section 1003.42(2)(g)1., F.S.  STORAGE NAME: h0863a.EQS 	PAGE: 4 
DATE: 3/22/2023 
  
Each school district must annually certify and provide evidence to the DOE that they have meet the 
instructional requirements on Holocaust education. In addition, the DOE may contract with any state or 
nationally recognized Holocaust educational organizations to develop training for instructional 
personnel and grade-appropriate classroom resources to support the developed curriculum.
23
 
 
Florida recognized the second week in November as Holocaust Education Week, which coincided with 
the anniversary of Kristallnacht, November 9-10, 1938. Kristallnacht is widely recognized as a 
precipitating event that led to the Holocaust.
24
 The DOE has created a portal dedicated to Holocaust 
Education Week, which offers commemoration resources, educational programs, and materials 
concerning the Holocaust, for school districts, teachers, parents, and the general public.
25
   
 
Effect of Proposed Changes 
 
The bill requires the Governor to proclaim January 27 of each year to be “Holocaust Remembrance 
Day”. This day will be suitably observed in public schools and by public exercise in the State Capitol 
and elsewhere as the Governor may designate. 
 
The bill specifies that if January 27 falls on a day that is not a school day, Holocaust Remembrance 
Day must be observed in the schools on the preceding school day or on such school day as may be 
designated by local school authorities.  
 
The bill requires instruction about the Holocaust, anti-Semitism, and their harmful impacts on humanity 
to be provided as part of public educational instruction on Holocaust Remembrance Day.   
 
 
B. SECTION DIRECTORY: 
 
Section 1: Creates s. 683.045, F.S.; requiring the Governor to proclaim January 27 of each year as 
“Holocaust Remembrance Day”; requiring such day to be observed in public schools and 
by public exercises as the Governor may designate; requiring educational instruction to 
be provided.   
 
Section 2: Provides an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
                                                
23
 Id. 
24
 Section 1003.42(2)(g)2., F.S. 
25
 Florida Department of Education, Holocaust Education Week, https://www.fldoe.org/holocausteducation/holo-ed-week.stml (last 
visited Mar. 16, 2023).  STORAGE NAME: h0863a.EQS 	PAGE: 5 
DATE: 3/22/2023 
  
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
The bill does not appear to have a fiscal impact. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
 
None.