Florida 2023 2023 Regular Session

Florida House Bill H1069 Analysis / Analysis

Filed 03/17/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1069a.EQS 
DATE: 3/17/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 1069    Education 
SPONSOR(S): Education Quality Subcommittee, McClain 
TIED BILLS:   None. IDEN./SIM. BILLS:  None. 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Education Quality Subcommittee 	13 Y, 5 N, As CS Wolff Sanchez 
2) Education & Employment Committee   
SUMMARY ANALYSIS 
In Florida, each district school board has the constitutional duty and responsibility to select and provide 
adequate instructional materials to each student for core courses in mathematics, language arts, science, 
social studies, reading, and literature for kindergarten through grade 12. Currently law provides a framework 
for school districts to adopt and select instructional materials and library materials used by Florida’s students. 
 
The bill increases school district transparency and accountability for selecting and using instructional materials 
and library materials by requiring that district school boards be responsible for the contents of classroom 
libraries, in addition to instructional materials and school libraries. As part of fulfilling this responsibility, the bill 
requires that district school board policies regarding objections to specific materials include objection on the 
basis that the material depicts or describes sexual conduct, as defined in law. The bill provides for an 
exception to this objection for material used in required instruction on HIV/AIDS, child sexual abuse prevention, 
or any other course identified by the DOE. 
 
Any specific materials subject to an objection on the basis that the materials are pornographic, harmful to 
minors, or describe or depict sexual conduct must be removed from circulation, within 5 days of the objection, 
until the completion of the objection process. Committees convened by a school district to review and make 
recommendations related to the adoption of instructional materials must include parents of students that will 
have access to the materials being reviewed. Additionally, committees convened to review objections to library 
materials and other materials used in the classroom must include parents of students who will have access to 
the materials. All meetings of such committees must be publicly noticed and open to the public. The bill creates 
an appeals process for a parent that disagrees with the school board’s determination on his or her objection. 
 
The DOE must adopt an objection form for use by school districts. Each school district’s objection process 
must be easy to read and understand and must be posted on the homepage of its website. School principals 
must communicate to parents the procedures for contesting the adoption and use of instructional materials and 
notify parents of the process for objecting to the use of library materials. 
 
The bill requires that all books in elementary school classroom libraries be included in the required online 
catalogue of elementary school library materials and school districts must adopt and implement a process for 
parents to limit their child’s access to library materials. The bill revises the annual reporting requirements 
regarding objections to materials. 
 
The bill requires the DOE to annually approve all instructional materials used to teach reproductive health and 
any disease, including HIV/AIDS. The bill defines “sex” for the purposes of the education code and requires 
that instruction in human sexuality be limited to students in grades 6 through 12 and include instruction on the 
binary, stable, and unchanging nature of biological sex. 
 
The bill does not appear to have a fiscal impact. 
 
The bill takes effect on July 1, 2023.   STORAGE NAME: h1069a.EQS 	PAGE: 2 
DATE: 3/17/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
Instructional Materials Adoption 
 
Each district school board has the constitutional duty and responsibility to select and provide adequate 
instructional materials to each student for core courses in mathematics, language arts, science, social 
studies, reading, and literature for kindergarten through grade 12.
1
 “Adequate instructional materials” 
are defined by law as a sufficient number of student or site licenses or sets of materials that are 
available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked 
textbooks, electronic content, consumables, learning laboratories, manipulatives, electronic media, and 
computer courseware or software that serve as the basis for instruction for students.
2
 
 
The Florida Department of Education (DOE) facilitates the instructional materials adoption process 
statewide through evaluation of materials submitted by publishers and manufacturers.
3
 Expert 
reviewers chosen by the DOE must objectively evaluate materials based on alignment to Florida’s 
state-adopted standards, accuracy, and appropriateness for age and grade level.
4
 Instructional 
materials selected by reviewers must: 
 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; 
 accurately portray 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; 
 encourage thrift, fire prevention, and humane treatment of people and animals; 
 contain the Declaration of Independence and the Constitution of the United States when 
appropriate to the comprehension of students for social science, history, or civics classes; and 
 not contain any matter reflecting unfairly upon persons because of their race, color, creed, 
national origin, ancestry, gender, religion, disability, socioeconomic status, or occupation.
5
 
 
Based on reviewer recommendations of materials that are “suitable, usable, and desirable,” the 
Commissioner of Education then selects and adopts instructional materials for each subject and grade 
under consideration.
6
 The DOE must provide training to instructional materials reviewers on 
competencies for making valid, culturally sensitive, and objective recommendations prior to the 
reviewers beginning the review and selection process.
7
 
 
After adoption, the DOE must make the final report of instructional materials available at all times for 
public inspection. The DOE Office of Instructional Materials announces the adoption by publicly posting 
                                                
1
 See s. 1006.40(2), F.S.  
2
 Section 1006.28(1), F.S. Digital and instructional materials, including software applications, must be provided by each school board, 
in consultation with the district school superintendent, to students with disabilities in prekindergarten through grade 12. Section 
1003.4203(2), F.S. 
3
 Section 1006.34(1), F.S. Effective November 2022, publishers must submit a Principles of Individual Freedom Assurance for 
Publishers form for all bid materials, assuring that the materials submitted for review are consistent with the enumerated principles of 
individual freedom. Section 1006.31(2)(d), F.S. 
4
 Section 1006.31, F.S. 
5
 Section 1006.31(2)(a)-(d), F.S. 
6
 Section 1006.34(2)(a), F.S. Generally, the commissioner adopts instructional materials according to a 5-year rotating schedule. The 
commissioner may approve a shorter schedule if the content area requires more frequent revision. Section 1006.36(1), F.S. 
7
 Section 1006.29(5), F.S.  STORAGE NAME: h1069a.EQS 	PAGE: 3 
DATE: 3/17/2023 
  
the list on its website, as well as emailing district instructional materials contacts with the newly 
approved materials.
8
 
 
School districts receive an allocation of state funds each year for instructional materials, library books, 
and reference books.
9
 Unless a school district has implemented its own instructional materials review 
process,
10
 at least 50 percent of the allocation of funds must be used to purchase instructional 
materials on the state-adopted list.
11
 The remaining 50 percent of the annual allocation may be used for 
the purchase of library and reference books, nonprint materials, and the repair and renovation of 
materials; however, such materials are not subject to the same school-district adoption procedures as 
instructional materials.
12
  
 
Each school district superintendent must annually, by July 1, certify to the Commissioner of Education 
that the district school board has approved a comprehensive staff development plan supporting fidelity 
of implementation of instructional materials programs. Certification includes verification that:
13
 
 training was provided;  
 materials are being implemented as designed; and  
 core reading and reading intervention materials used in kindergarten through grade 5 meet 
minimum requirements.
14
 
 
Each district school board must maintain a list of all purchased instructional materials, on its website.
15
 
Materials purchased, including instructional materials and library media and reference books, must be 
free of pornography and materials harmful to minors
16
; suited to student needs and their ability to 
comprehend the materials presented; and appropriate for the grade level and age group for which the 
materials are used or made available.
17
  
 
Prior to the purchase of any instructional material, whether from the state-adopted list or through a 
district-established instructional materials review process, a district school board must: 
 establish a process to allow student editions of recommended instructional materials to be 
accessed and viewed online by the public at least 20 calendar days before the required school 
board hearing and public meeting; 
 conduct an open, noticed school board hearing to receive public comment on the recommended 
instructional materials; 
 conduct an open, noticed public meeting, on another date, to approve an annual instructional 
materials plan to identify any instructional materials that will be purchased; 
 provide notice for the school board hearing and the public meeting that specifically states the 
instructional materials being reviewed and how they can be accessed for public review; and 
 establish a process for public review of, and comment on, the recommended instructional 
materials.
18
 
 
As part of the adoption process, some school districts convene a committee composed of teachers and 
other stakeholders to provide a preliminary review of instructional materials and make 
                                                
8
 Florida Department of Education, Instructional Materials, Archive, https://www.fldoe.org/academics/standards/instructional-
materials/archive/ (last visited Jan. 1, 2023). The DOE website archives all adopted instructional materials lists from 2005 to present. 
9
 See s. 1011.67, F.S.  
10
 See s. 1006.283, F.S. 
11
 Section 1006.34, F.S. All adopted materials are posted on the DOE Instructional Materials webpage. Florida Department of 
Education, Instructional Materials, https://www.fldoe.org/academics/standards/instructional-materials/ (last visited Jan. 17, 2023). 
12
 See s. 1006.40(3)(b), F.S. 
13
 Section 1011.67(2), F.S. 
14
 See s. 1001.215(8), F.S. (requirements for reading programs are established by the Just Read, Florida! Office at DOE). 
15
 Section 1006.28(2)(e), F.S. 
16
 See s. 847.012, F.S. 
17
 Section 1006.40(3)(d), F.S. 
18
 Sections 1006.40(4)(b) and 1006.283(2)(b)8., 9., and 11., F.S.  STORAGE NAME: h1069a.EQS 	PAGE: 4 
DATE: 3/17/2023 
  
recommendations to the district school board for adoption.
19
 When a district school board delegates 
decision-making authority to an instructional materials review committee, any meeting in which the 
committee exercises the authority to rank, eliminate, or select materials for final approval by the school 
board it must be noticed and open in accordance with the Sunshine Law.
20
 
 
Instructional Materials Related to Reproductive Health 
 
School districts must provide health education instruction to Florida’s students.
21
 This instruction must 
cover, among other topics, the prevention and control of disease, prevention of child sexual abuse, 
exploitation, and human trafficking, teen dating violence and abuse,
22
 and the benefits of sexual 
abstinence and the consequences of teen pregnancy.
23, 24 
Additionally, school districts may provide 
instruction in HIV/AIDS as part of their health education programs.
25
 School districts must permit 
parents to exempt their children from instruction related to reproductive health and any disease, 
including HIV/AIDS.
26
 
 
Throughout instruction in acquired immune deficiency syndrome, sexually transmitted diseases, or 
health education, when such instruction and course material contains instruction in human sexuality, a 
school must: 
 Teach abstinence from sexual activity outside of marriage as the expected standard for all 
school-age students while teaching the benefits of monogamous heterosexual marriage. 
 Emphasize that abstinence from sexual activity is a certain way to avoid out-of-wedlock 
pregnancy, sexually transmitted diseases, including acquired immune deficiency syndrome, and 
other associated health problems. 
 Teach that each student has the power to control personal behavior and encourage students to 
base actions on reasoning, self-esteem, and respect for others. 
 Provide instruction and material that is appropriate for the grade and age of the student.
27
 
 
Instructional materials used to teach reproductive health and any disease, including HIV/AIDS, must be 
approved annually by the district school board in an open, noticed public meeting.
28
 The instructional 
materials must be available through a link on the school district homepage for review by parents.
29
 As 
the instruction in these topics occurs over a range of grades, instruction and materials used must 
always be appropriate for the grade and age of the student.
30
 
 
Library Media and Other Materials 
 
In addition to instructional materials, each district school board is responsible for the content of any 
other materials used in the classroom, made available in a school library, or included on a reading list, 
whether adopted and purchased from the state-adopted instructional materials list, adopted and 
purchased through a district instructional materials program, or otherwise purchased or made 
available.
31
 School district policies regarding library media materials selection vary. Some school 
districts have policies that provide criteria for the selection of materials, with consideration being given 
                                                
19
 See The School District of Palm Beach County, District Instructional Materials Guidelines for Selection Procedures, available at 
https://p14cdn4static.sharpschool.com/UserFiles/Servers/Server_270532/File/Students%20&%20Parents/Textbooks/Guidelines%20fo
r%20District%20Adoptions.pdf.  
20
 Florida Citizens Alliance, Inc. v. School Bd. of Collier Cnty., 328 So.3d 22 (Fla. 2d DCA 2021). Florida's Sunshine Law is 
established in s. 286.011, F.S. 
21
 Section 1003.42(2)(n), F.S. 
22
 Instruction in teen dating violence and abuse occurs in grades 7 through 12. Section 1003.42(2)(n)2., F.S. 
23
 Instruction in sexual abstinence and the consequences of teen pregnancy occurs in grades 6 through 12. Section 1003.42(2)(n)3., 
F.S. 
24
 Section 1003.42(2)(n), F.S. 
25
 Section 1003.46(1), F.S. 
26
 Section 1003.42(5) 
27
 Section 1003.46(2), F.S. 
28
 Section 1003.42(1)(b), F.S. 
29
 Section 1003.42(5), F.S. 
30
 Section 1003.46(2)(d), F.S. 
31
 Section 1006.28(2)(a)1., F.S.  STORAGE NAME: h1069a.EQS 	PAGE: 5 
DATE: 3/17/2023 
  
to the needs of the school based on the knowledge of curriculum and existing collection, and the needs 
of the students attending the school.
32
 Such procedures may include the school media specialist 
evaluating reputable, unbiased, and professionally prepared aids such as those published by 
companies and accepted by the educational media profession. The school media specialist may also 
consult with other staff members of a school regarding evaluation of materials. Some school districts 
also utilize district handbooks that provide support for library media specialists.
33
 
 
In 2022, the Legislature established additional requirements related to the selection of library materials. 
Beginning January 1, 2023, school librarians, media specialists, and other personnel involved in the 
selection of school district library materials must complete a training program developed by the DOE to 
assist them in selecting materials that are accurate, objective, balanced, noninflammatory, current, free 
of pornography and prohibited material, and suited to student needs and comprehension abilities.
34
 
Each book made available to students through a school district media center or included in a 
recommended or assigned school or grade-level reading list must be selected by a school district 
employee who holds a valid education media specialist certificate, regardless of whether the book is 
purchased, donated, or otherwise made available to students.
35
  
 
Additionally, each elementary school must publish on its website, in a searchable format prescribed by 
the DOE, a list of all materials maintained in the school library media center or required as part of a 
school or grade-level reading list.
36
 Upon written request, school districts are required to provide access 
to any material or book specified in the request that is maintained in a district school library system.
37
 
Additionally, district school boards must post adopted procedures for developing library media center 
collections on the website of each school within the district. The procedures must: 
 require that book selections are free of pornographic and other prohibited material, suited to 
student needs and comprehension abilities, and grade and age group appropriate; 
 require consultation of reputable, professionally recognized reviewing periodicals and school 
community stakeholders; 
 provide for library media center collections based on reader interest, support of state academic 
standards and aligned curriculum, and the academic needs of students and faculty; and 
 provide for the regular removal or discontinuance of books based on physical conditions, rate of 
recent circulation, alignment to state academic standards and relevancy to curriculum, out-of-
date content, and required removal for failure to subject material to public notice, review, 
comment, and hearing procedures.
38
 
 
Librarians/Media Specialists 
 
Librarians/media specialists are defined by law as staff members responsible for evaluating, selecting, 
organizing, and managing media and technology resources, equipment, and related systems. They are 
also responsible for working with teachers to make resources available in instructional programs; 
assisting teachers and students in media productions; and instructing students in the location and use 
of information resources.
39
 Educators in Florida may become certified educational media specialists 
through the DOE certification process, but Florida schools are not required to employ a certified 
educational media specialist. 
                                                
32
 See, e.g., The School District of Osceola County, Florida, 2021-22 School Board Rules, 4.22 Educational Media Materials 
Selection (2021) at 189, available at 
https://www.osceolaschools.net/site/handlers/filedownload.ashx?moduleinstanceid=15041&dataid=75567&FileName=___OCSBR%2
02021-22%20121421.pdf.  
33
 Santa Rosa County School District, Library Media Handbook (2016), available at https://sites.santarosa.k12.fl.us/files/lmshdbk.pdf 
(providing a mission statement, the role of the school library media specialist, and the library media center management, evaluation, 
and selection protocol).  
34
 Section 1006.28(2)(d), F.S. 
35
 Section 1006.28(2)(d)1., F.S. 
36
 Section 1006.28(2)(d)3., F.S. The State Board of Education rule implementing this requirement included classroom libraries in the 
materials that must be included in the published catalog. Rule 6A-7.0713(2)(c), F.A.C. 
37
 Section 1006.28(2)(d), F.S. 
38
 Section 1006.28(2)(d)2., F.S. 
39
 Section 1012.01(2)(c), F.S.  STORAGE NAME: h1069a.EQS 	PAGE: 6 
DATE: 3/17/2023 
  
 
To become a certified educational media specialist in prekindergarten through grade 12, an individual 
must complete one of the following pathways:
40
 
 a bachelor’s degree or higher with an undergraduate or graduate major in educational media or 
library science; or 
 a bachelor’s degree or higher with thirty semester hours in educational media or library science 
to include credit in management of library media programs, collection development, library 
media resources, reference sources and services, organization of collections, and design and 
production of educational media. 
 
Each school district must provide training to school librarians and media specialists regarding the 
prohibition against distributing harmful materials to minors, and best practices for providing students 
access to age-appropriate materials and library resources.
41
 
 
The Office of Library Media Services at the DOE supports district library media supervisors to help 
create and maintain quality library programs and foster a love of reading and effective use of ideas and 
information by students and faculty.
42
 
 
Objection to Materials 
 
Each district school board is required to establish a process by which a parent or resident of the county 
may contest the district school board’s adoption of a specific instructional material.
43
 The parent or 
resident must file a petition, on a form provided by the school board, within 30 calendar days after the 
adoption of the instructional material. The school board must make the form available to the public and 
publish the form on the school district’s website. The school board is required to conduct at least one 
open public hearing before an unbiased and qualified hearing officer that is not an employee or agent 
of the school district. Following the hearing, the school board’s decision is made and not subject to 
further petition or review.
 44
 
 
In addition, each school district must have a process by which a parent or resident of the county can 
object to the use of a specific instructional material that was not subject to public adoption procedures 
or any other material used in a classroom, made available in a school library, or included on a reading 
list.
45
 If, through this process, the district school board finds that an instructional material does not meet 
state standards for adoption or that a material contains content harmful to a minor, is not suited to 
student needs and ability to comprehend the material, or is inappropriate for the grade level and age 
group it is used for, the district must discontinue the use of the material for that grade level or age 
group.
46
 There is no requirement that a current list of removed or discontinued materials be published. 
 
Beginning June 30, 2023, the district school board must submit to the Commissioner of Education a 
report that identifies: 
 each material for which the school district received an objection for the school year and the 
grounds for the objection; 
 each material that was removed or discontinued as a result of an objection; and 
 the grade level and course for which a removed or discontinued material was used.
47
 
 
Effect of Proposed Changes 
 
                                                
40
 Rule 6A-4.0251, F.A.C. 
41
 Section 1006.28(2)(d), F.S. 
42
 Florida Department of Education, Library Media Services, https://www.fldoe.org/academics/standards/subject-areas/library-media-
services-instructional-t/ (last visited Jan. 18, 2023). 
43
 Section 1006.28(2)(a)(3), F.S. 
44
 Id. 
45
 Section 1006.28(2)(a)2., F.S. 
46
 Id. 
47
 Section 1006.28(2)(e)3., F.S.  STORAGE NAME: h1069a.EQS 	PAGE: 7 
DATE: 3/17/2023 
  
The bill requires that district school boards be responsible for the contents of classroom libraries, in 
addition to instructional materials and school libraries. As part of fulfilling this responsibility, the bill 
requires that district school board policies regarding objections to specific materials, used in a 
classroom, made available in a school or classroom library, or included on a reading list, include 
objection on the basis that the material depicts or describes sexual conduct, as defined in law. The bill 
provides for an exception to this objection for material used in instruction on HIV/AIDS, child sexual 
abuse prevention, or any other course identified by the DOE. 
 
The bill requires that specific materials subject to an objection on the basis that the materials are 
pornographic, are harmful to minors, or describe or depict sexual activity must be removed from 
circulation, within 5 days of the school district’s receipt of the objection, until the completion of the 
objection process.  
 
Committees convened by a school district to review and make recommendations related to the 
adoption of instructional materials must include parents of students that will have access to the 
materials being reviewed. Additionally, committees convened to review objections to library materials 
and other materials used in the classroom must include parents of students who will have access to the 
materials. All meetings of such committees must be publicly noticed and open to the public. Parents 
have the right to read passages from any material that is subject to an objection. If the school board 
denies the right to read passages due to content that is pornographic or harmful to minors, the school 
district shall discontinue use of the material. 
 
The bill provides that if a school board determines that any materials contain content that is 
pornographic or harmful to minors, use of such materials must be discontinued. If the school board 
determines that any materials contain sexual content, content not suited to student needs and their 
ability to comprehend the material presented, or content inappropriate for the grade level and age 
group for which the material is used, the use of such material must be discontinued for any grade level 
or age group for which such use is inappropriate or unsuitable. 
 
The bill requires that the DOE adopt an objection form for use by school districts. The objection form 
provided by the school district must identify the school district point of contact, including his or her 
contact information, for the submission of the objection. Each school district’s objection process must 
be easy to read and understand and must be easily accessible on the homepage of its website. The bill 
requires that school districts must also adopt and implement a process for parents to limit their child’s 
access to library materials which must be published on the school district’s website. 
 
The bill provides that a parent that disagrees with the determination related to their objection to the use 
of any specific materials may request, from the Commissioner of Education, the appointment of a 
special magistrate to review the objection. The bill requires that the review occur within 30 days of the 
request and that the State Board of Education review the special magistrate’s recommendation at its 
next regularly scheduled meeting. The costs of the special magistrate shall be borne by the school 
district. The State Board of Education shall adopt rules, including forms, necessary to implement this 
appeals process. 
 
The bill requires that all books in elementary school classroom libraries be included based on reader 
interest, support of state academic standards and aligned curriculum, and the academic needs of 
students and faculty and that all such materials be included in the required online catalogue of 
elementary school library materials. 
 
The bill revises the annual reporting requirements regarding objections to materials by requiring the 
inclusion of the grade level and course for which the material was used, as applicable, and a list of 
materials that were not removed or discontinued along with the rationale for non-removal. 
 
The bill requires that school principals fulfill the following duties: 
 communicate to parents the procedures for contesting the adoption and use of instructional 
materials; and 
 notify parents of the process for objecting to the use of library materials.  STORAGE NAME: h1069a.EQS 	PAGE: 8 
DATE: 3/17/2023 
  
 
The bill requires that instructional materials used in reproductive health and any disease, including 
HIV/AIDS, must be approved by the DOE. Additionally, the bill defines, for the purposes of the 
education code, “sex” as the classification of a person as either female or male based on the 
organization of the body of such person for a specific reproductive role, as indicated by the person's 
sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at 
birth. The bill limits instruction in human sexuality, through the health education course, to grades 6 
through 12 and requires that such instruction teach that sex is determined by biology and reproductive 
function at birth; that biological males impregnate biological females by fertilizing the female egg with 
male sperm; that the female then gestates the offspring; and that these reproductive roles are binary, 
stable, and unchangeable. 
 
The bill reenacts a number of provisions in the education code to incorporate the definition of “sex” 
throughout. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 1000.21, F.S.; defining the term "sex" for the Florida Early Learning-20 
Education Code. 
 
Section 2: Amends s. 1003.42, F.S.; requiring all materials used for specified instruction relating to 
reproductive health to be approved by the Department of Education. 
 
Section 3: Amends s. 1003.46, F.S.; providing additional requirements for certain instruction 
regarding human sexuality; requiring the Department of Education to approve specified 
instructional materials. 
 
Section 4: Amends s. 1006.28, F.S.; providing that district school boards are responsible for 
materials used in classroom libraries; requiring that a specified objection form and the 
district school board's process meet certain requirements; providing requirements for 
materials used in a classroom library; revising the criteria by which a parent or resident 
must meet to object to certain materials used in the classroom; requiring certain 
classroom materials to be unavailable to students until the resolution of certain 
objections; providing that parents have the right to read passages from specified 
materials; providing requirements for certain meetings of school district committees 
relating to instructional materials; revising certain district school board procedures 
relating to library media center collections; revising elementary school requirements 
relating to materials in specified libraries; requiring district school boards to adopt and 
publish a specified process relating to student access to certain materials; revising 
district school board reporting requirements relating to materials which received certain 
objections; requiring school principals to communicate to and notify parents of certain 
procedures and processes relating to instructional materials. 
 
Section 5: Reenacts ss. 1000.05(2), (3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 1002.42(3)(a), 
1003.27(2)(b) and (c), 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 
(3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), and 1014.05(1)(c), (d), 
and (f), F.S., to incorporate the amendment made to s. 1000.21, F.S., in references 
thereto. 
 
Section 6: Provides an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues:  STORAGE NAME: h1069a.EQS 	PAGE: 9 
DATE: 3/17/2023 
  
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill requires rulemaking by the DOE to adopt a form for objecting to the adoption of instructional 
materials and/or the selection of specific materials, such as library materials. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On March 15, 2023, the Education Quality Subcommittee adopted four amendments and reported the bill 
favorably as a committee substitute. The amendments: 
 update the definition of “sex” for the purposes of the Early Leanring-20 Education Code; 
 require the materials objection form provided to parents include the school district point of contact 
and contact information for filing an objection; 
 require that materials that are subject to an objection for specified reasons be removed from 
circulation within 5 days of receipt of the objection by the school district;  
 specify when the use of materials must be limited or discontinued based on determinations of a 
district school board as to the content of the material; and 
 provide an appeals process for parents that disagree with school board determinations related to 
their objections to specific materials. 
 
This analysis is drafted to the committee substitute adopted by the Education Quality Subcommittee.  STORAGE NAME: h1069a.EQS 	PAGE: 10 
DATE: 3/17/2023