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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
1
An act relating to education; amending s. 1000.21, 2
F.S.; defining the term "sex" for the Florida Early 3
Learning-20 Education Code; creating s. 1000.071, 4
F.S.; requiring specified policies relating to a 5
person's sex at certain educational institutions; 6
providing applicability; prohibiting employees, 7
contractors, and students of such educational 8
institutions from being required to use, from 9
providing, and from being asked to provide certain 10
titles and pronouns; prohibiting students from being 11
penalized or subjected to certain treatment for not 12
providing certain titles and pronouns; authorizing the 13
State Board of Education to adopt rules; amending s. 14
1001.42, F.S.; prohibiting classroom instruction on 15
sexual orientation or gender identity from occurring 16
in prekindergarten through grade 8, rather than 17
kindergarten through grade 3; providing an exception; 18
providing requirements if such instruction is provided 19
in grades 9 through 12; providing that such 20
prohibition applies to charter schools; requiring 21
school districts to post specified policies on their 22
websites; amending s. 1003.42, F.S.; requiring all 23
materials used for specified instruction relating to 24
reproductive health to be approved by the Department 25
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of Education; amending s. 1003.46, F.S.; providing 26
additional requirements for certain instruction 27
regarding human sexuality; requiring the department to 28
approve specified instructional materials; amending s. 29
1006.28, F.S.; providing that district school boards 30
are responsible for materials used in classroom 31
libraries; requiring that a specified objection form 32
and district school board process meet certain 33
requirements; providing requirements for materials 34
used in a classroom library; revising the criteria a 35
parent or resident must meet to object to certain 36
materials used in the classroom; requiring certain 37
classroom materials to be removed within a specified 38
time period and be unavailable to certain students 39
until the resolution of certain objections; providing 40
that parents have the right to read passages from 41
specified materials; requiring the discontinuation of 42
specified materials under certain circumstances; 43
providing requirements for certain meetings of school 44
district committees relating to instructional 45
materials; requiring the Commissioner of Education to 46
appoint a special magistrate under certain 47
circumstances; providing requirements for and duties 48
of the special magistrate; requiring the State Board 49
of Education to approve or reject the special 50
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magistrate's recommendation within a specified 51
timeframe; requiring school districts to bear the 52
costs of the special magistrate; requiring the State 53
Board of Education to adopt rules; revising certain 54
district school board procedures relating to library 55
media center collections; revising elementary school 56
requirements relating to materials in specified 57
libraries; requiring district school boards to adopt 58
and publish a specified process relating to student 59
access to certain materials; revising district school 60
board reporting requirements relating to materials 61
which received certain objections; requiring school 62
principals to communicate to and notify parents of 63
certain procedures and processes relating to 64
instructional materials; reenacting ss. 1000.05(2), 65
(3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 66
1002.42(3)(a), 1003.27(2)(b) and (c), 1003.42(3)(a), 67
(c), (e), and (f), 1004.43(2), 1006.205(2)(b) and (3), 68
1009.23(7), 1009.24(10)(b), 1009.983(6), 69
1009.986(3)(e), and 101 4.05(1)(c), (d), and (f), F.S., 70
to incorporate the amendment made to s. 1000.21, F.S., 71
in references thereto; providing severability; 72
providing an effective date. 73
74
Be It Enacted by the Legislature of the State of Florida: 75
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76
Section 1. Subsection (9) is added to section 1000.21, 77
Florida Statutes, to read: 78
1000.21 Systemwide definitions. —As used in the Florida 79
Early Learning-20 Education Code: 80
(9) "Sex" means the classification of a person as either 81
female or male based on the organization of the b ody of such 82
person for a specific reproductive role, as indicated by the 83
person's sex chromosomes, naturally occurring sex hormones, and 84
internal and external genitalia present at birth. 85
Section 2. Section 1000.071, Florida Statutes, is created 86
to read: 87
1000.071 Personal titles and pronouns. — 88
(1) It shall be the policy of every public K -12 89
educational institution that is provided or authorized by the 90
Constitution and laws of Florida that a person's sex is an 91
immutable biological trait and that it is false to ascribe to a 92
person a pronoun that does not correspond to such person's sex. 93
This section does not apply to individuals born with a 94
genetically or biochemically verifiable disorder of sex 95
development, including, but not limited to, 46, XX disorde r of 96
sex development; 46, XY disorder of sex development; sex 97
chromosome disorder of sex development; XX or XY sex reversal; 98
and ovotesticular disorder. 99
(2) An employee, contractor, or student of a public K -12 100
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educational institution may not be required, as a condition of 101
employment or enrollment or participation in any program, to 102
refer to another person using that person's preferred personal 103
title or pronouns if such personal title or pronouns do not 104
correspond to that person's sex. 105
(3) An employee or contractor of a public K -12 educational 106
institution may not provide to a student his or her preferred 107
personal title or pronouns if such preferred personal title or 108
pronouns do not correspond to his or her sex. 109
(4) A student may not be asked by an emplo yee or 110
contractor of a public K -12 educational institution to provide 111
his or her preferred personal title or pronouns or be penalized 112
or subjected to adverse or discriminatory treatment for not 113
providing his or her preferred personal title or pronouns. 114
(5) The State Board of Education may adopt rules to 115
administer this section. 116
Section 3. Paragraph (c) of subsection (8) of section 117
1001.42, Florida Statutes, is amended to read: 118
1001.42 Powers and duties of district school board. —The 119
district school board, acting as a board, shall exercise all 120
powers and perform all duties listed below: 121
(8) STUDENT WELFARE. — 122
(c)1. In accordance with the rights of parents enumerated 123
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 124
student's parent if there is a change in the student's services 125
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or monitoring related to the student's mental, emotional, or 126
physical health or well -being and the school's ability to 127
provide a safe and supportive learning environment for the 128
student. The procedures must reinforce the fundamental right of 129
parents to make decisions regarding the upbringing and control 130
of their children by requiring school district personnel to 131
encourage a student to discuss issues relating to his or her 132
well-being with his or her parent or to facilitate discussion of 133
the issue with the parent. The procedures may not prohibit 134
parents from accessing any of their student's education and 135
health records created, maintained, or used by the school 136
district, as required by s. 1002.22( 2). 137
2. A school district may not adopt procedures or student 138
support forms that prohibit school district personnel from 139
notifying a parent about his or her student's mental, emotional, 140
or physical health or well -being, or a change in related 141
services or monitoring, or that encourage or have the effect of 142
encouraging a student to withhold from a parent such 143
information. School district personnel may not discourage or 144
prohibit parental notification of and involvement in critical 145
decisions affecting a studen t's mental, emotional, or physical 146
health or well-being. This subparagraph does not prohibit a 147
school district from adopting procedures that permit school 148
personnel to withhold such information from a parent if a 149
reasonably prudent person would believe tha t disclosure would 150
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result in abuse, abandonment, or neglect, as those terms are 151
defined in s. 39.01. 152
3. Classroom instruction by school personnel or third 153
parties on sexual orientation or gender identity may not occur 154
in prekindergarten kindergarten through grade 8, except when 155
required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction 156
is provided in grades 9 through 12, the instruction must be 3 or 157
in a manner that is not age-appropriate or developmentally 158
appropriate for students in accordance wit h state standards. 159
This subparagraph applies to charter schools. 160
4. Student support services training developed or provided 161
by a school district to school district personnel must adhere to 162
student services guidelines, standards, and frameworks 163
established by the Department of Education. 164
5. At the beginning of the school year, each school 165
district shall notify parents of each health care service 166
offered at their student's school and the option to withhold 167
consent or decline any specific service in accordance with s. 168
1014.06. Parental consent to a health care service does not 169
waive the parent's right to access his or her student's 170
educational or health records or to be notified about a change 171
in his or her student's services or monitoring as provided by 172
this paragraph. 173
6. Before administering a student well -being questionnaire 174
or health screening form to a student in kindergarten through 175
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grade 3, the school district must provide the questionnaire or 176
health screening form to the parent and obtain the perm ission of 177
the parent. 178
7. Each school district shall adopt procedures for a 179
parent to notify the principal, or his or her designee, 180
regarding concerns under this paragraph at his or her student's 181
school and the process for resolving those concerns within 7 182
calendar days after notification by the parent. 183
a. At a minimum, the procedures must require that within 184
30 days after notification by the parent that the concern 185
remains unresolved, the school district must either resolve the 186
concern or provide a stat ement of the reasons for not resolving 187
the concern. 188
b. If a concern is not resolved by the school district, a 189
parent may: 190
(I) Request the Commissioner of Education to appoint a 191
special magistrate who is a member of The Florida Bar in good 192
standing and who has at least 5 years' experience in 193
administrative law. The special magistrate shall determine facts 194
relating to the dispute over the school district procedure or 195
practice, consider information provided by the school district, 196
and render a recommended decision for resolution to the State 197
Board of Education within 30 days after receipt of the request 198
by the parent. The State Board of Education must approve or 199
reject the recommended decision at its next regularly scheduled 200
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meeting that is more than 7 cale ndar days and no more than 30 201
days after the date the recommended decision is transmitted. The 202
costs of the special magistrate shall be borne by the school 203
district. The State Board of Education shall adopt rules, 204
including forms, necessary to implement th is subparagraph. 205
(II) Bring an action against the school district to obtain 206
a declaratory judgment that the school district procedure or 207
practice violates this paragraph and seek injunctive relief. A 208
court may award damages and shall award reasonable att orney fees 209
and court costs to a parent who receives declaratory or 210
injunctive relief. 211
c. Each school district shall adopt and post on its 212
website policies to notify parents of the procedures required 213
under this subparagraph. 214
d. Nothing contained in thi s subparagraph shall be 215
construed to abridge or alter rights of action or remedies in 216
equity already existing under the common law or general law. 217
Section 4. Paragraph (b) of subsection (1) of section 218
1003.42, Florida Statutes, is amended to read: 219
1003.42 Required instruction. — 220
(1) 221
(b) All instructional materials, as defined in s. 222
1006.29(2), used to teach reproductive health or any disease, 223
including HIV/AIDS, its symptoms, development, and treatment, as 224
part of the courses referenced in subsectio n (5), must be 225
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annually approved by the department a district school board in 226
an open, noticed public meeting . 227
Section 5. Subsection (2) of section 1003.46, Florida 228
Statutes, is amended to read: 229
1003.46 Health education; instruction in acquired immun e 230
deficiency syndrome. — 231
(2) Throughout instruction in acquired immune deficiency 232
syndrome, sexually transmitted diseases, or health education, 233
when such instruction and course material contains instruction 234
in human sexuality, a school shall: 235
(a) Classify males and females as provided in s. 236
1000.21(9) and teach that biological males impregnate biological 237
females by fertilizing the female egg with male sperm; that the 238
female then gestates the offspring; and that these reproductive 239
roles are binary, stable , and unchangeable. 240
(b)(a) Teach abstinence from sexual activity outside of 241
marriage as the expected standard for all school -age students 242
while teaching the benefits of monogamous heterosexual marriage. 243
(c)(b) Emphasize that abstinence from sexual acti vity is a 244
certain way to avoid out -of-wedlock pregnancy, sexually 245
transmitted diseases, including acquired immune deficiency 246
syndrome, and other associated health problems. 247
(d)(c) Teach that each student has the power to control 248
personal behavior and enc ourage students to base actions on 249
reasoning, self-esteem, and respect for others. 250
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(e)(d) Provide instruction and material that is 251
appropriate for the grade and age of the student. 252
253
The Department of Education must approve any materials used for 254
instruction under this subsection. 255
Section 6. Paragraphs (a), (d), and (e) of subsection (2) 256
and paragraphs (a) and (f) of subsection (4) of section 1006.28, 257
Florida Statutes, are amended to read: 258
1006.28 Duties of district school board, district school 259
superintendent; and school principal regarding K -12 260
instructional materials. — 261
(2) DISTRICT SCHOOL BOARD. —The district school board has 262
the constitutional duty and responsibility to select and provide 263
adequate instructional materials for all students in accordance 264
with the requirements of this part. The district school board 265
also has the following specific duties and responsibilities: 266
(a) Courses of study; adoption. —Adopt courses of study, 267
including instructional materials, for use in the schools of the 268
district. 269
1. Each district school board is responsible for the 270
content of all instructional materials and any other materials 271
used in a classroom, made available in a school or classroom 272
library, or included on a reading list, whether adopted and 273
purchased from the state -adopted instructional materials list, 274
adopted and purchased through a district instructional materials 275
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program under s. 1006.283, or otherwise purchased or made 276
available. 277
2. Each district school board must adopt a policy 278
regarding an objection by a parent or a resident of the county 279
to the use of a specific material, which clearly describes a 280
process to handle all objections and provides for resolution. 281
The objection form, as prescri bed by State Board of Education 282
rule, and the district school board's process must be easy to 283
read and understand and be easily accessible on the homepage of 284
the school district's website. The objection form must also 285
identify the school district point of contact and contact 286
information for the submission of an objection. The process must 287
provide the parent or resident the opportunity to proffer 288
evidence to the district school board that: 289
a. An instructional material does not meet the criteria of 290
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 291
a course or otherwise made available to students in the school 292
district but was not subject to the public notice, review, 293
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 294
and 11. 295
b. Any material used in a classroom, made available in a 296
school or classroom library, or included on a reading list 297
contains content which: that 298
(I) Is pornographic or prohibited under s. 847.012 ;, 299
(II) Depicts or describes sexual conduct as defined in s. 300
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847.001(19), unless such material is for a course required by s. 301
1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or 302
identified by State Board of Education rule; 303
(III) Is not suited to stude nt needs and their ability to 304
comprehend the material presented ;, or 305
(IV) Is inappropriate for the grade level and age group 306
for which the material is used. 307
308
Any material that is subject to an objection on the basis of 309
sub-sub-subparagraph b.(I) or sub -sub-subparagraph b.(II) must 310
be removed within 5 school days of receipt of the objection and 311
remain unavailable to students of that school until the 312
objection is resolved. Parents shall have the right to read 313
passages from any material that is subject to a n objection. If 314
the school board denies a parent the right to read passages due 315
to content that meets the requirements under sub -sub-316
subparagraph b.(I), the school district shall discontinue the 317
use of the material. If the district school board finds that any 318
an instructional material meets does not meet the requirements 319
criteria under sub-subparagraph a. or that any other material 320
contains prohibited content under sub-sub-subparagraph b.(I) 321
sub-subparagraph b., the school district shall discontinue use 322
of the material. If the district school board finds that any 323
other material contains prohibited content under sub -sub-324
subparagraph b. (II) -(IV), the school district shall discontinue 325
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use of the material for any grade level or age group for which 326
such use is inappropriate or unsuitable. 327
3. Each district school board must establish a process by 328
which the parent of a public school student or a resident of the 329
county may contest the district school board's adoption of a 330
specific instructional material. The paren t or resident must 331
file a petition, on a form provided by the school board, within 332
30 calendar days after the adoption of the instructional 333
material by the school board. The school board must make the 334
form available to the public and publish the form on th e school 335
district's website. The form must be signed by the parent or 336
resident, include the required contact information, and state 337
the objection to the instructional material based on the 338
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 339
after the 30-day period has expired, the school board must, for 340
all petitions timely received, conduct at least one open public 341
hearing before an unbiased and qualified hearing officer. The 342
hearing officer may not be an employee or agent of the school 343
district. The hearing is not subject to the provisions of 344
chapter 120; however, the hearing must provide sufficient 345
procedural protections to allow each petitioner an adequate and 346
fair opportunity to be heard and present evidence to the hearing 347
officer. The school board's decision after convening a hearing 348
is final and not subject to further petition or review. 349
4. Meetings of committees convened for the purpose of 350
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ranking, eliminating, or selecting instructional materials for 351
recommendation to the district school board must be noticed and 352
open to the public in accordance with s. 286.011. Any committees 353
convened for such purposes must include parents of district 354
students who will have access to such materials . 355
5. Meetings of committees convened for the purpose of 356
resolving an objection by a parent or resident to specific 357
materials must be noticed and open to the public in accordance 358
with s. 286.011. Any committees convened for such purposes must 359
include parents of students who will have access to such 360
materials. 361
6. If a parent disagrees with the determination made by 362
the district school board on the objection to the use of a 363
specific material, a parent may request the Commissioner of 364
Education to appoint a special magistrate who is a member of The 365
Florida Bar in good standing and who has at least 5 years' 366
experience in administrative law. The special magistrate shall 367
determine facts relating to the school district's determination, 368
consider information provided by the parent and the school 369
district, and render a rec ommended decision for resolution to 370
the State Board of Education within 30 days after receipt of the 371
request by the parent. The State Board of Education must approve 372
or reject the recommended decision at its next regularly 373
scheduled meeting that is more th an 7 calendar days and no more 374
than 30 days after the date the recommended decision is 375
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transmitted. The costs of the special magistrate shall be borne 376
by the school district. The State Board of Education shall adopt 377
rules, including forms, necessary to imp lement this 378
subparagraph. 379
(d) School library media services; establishment and 380
maintenance.—Establish and maintain a program of school library 381
media services for all public schools in the district, including 382
school library media centers, or school librar y media centers 383
open to the public, and, in addition such traveling or 384
circulating libraries as may be needed for the proper operation 385
of the district school system. Beginning January 1, 2023, school 386
librarians, media specialists, and other personnel invol ved in 387
the selection of school district library materials must complete 388
the training program developed pursuant to s. 1006.29(6) before 389
reviewing and selecting age -appropriate materials and library 390
resources. Upon written request, a school district shall p rovide 391
access to any material or book specified in the request that is 392
maintained in a district school system library and is available 393
for review. 394
1. Each book made available to students through a school 395
district library media center or included in a rec ommended or 396
assigned school or grade -level reading list must be selected by 397
a school district employee who holds a valid educational media 398
specialist certificate, regardless of whether the book is 399
purchased, donated, or otherwise made available to students . 400
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2. Each district school board shall adopt procedures for 401
developing library media center collections and post the 402
procedures on the website for each school within the district. 403
The procedures must: 404
a. Require that book selections meet the criteria in s. 405
1006.40(3)(d). 406
b. Require consultation of reputable, professionally 407
recognized reviewing periodicals and school community 408
stakeholders. 409
c. Provide for library media center collections , including 410
classroom libraries, based on reader interest, suppor t of state 411
academic standards and aligned curriculum, and the academic 412
needs of students and faculty. 413
d. Provide for the regular removal or discontinuance of 414
books based on, at a minimum, physical condition, rate of recent 415
circulation, alignment to state academic standards and relevancy 416
to curriculum, out-of-date content, and required removal 417
pursuant to subparagraph (a)2. 418
3. Each elementary school must publish on its website, in 419
a searchable format prescribed by the department, a list of all 420
materials maintained and accessible in the school library media 421
center or a classroom library or required as part of a school or 422
grade-level reading list. 423
4. Each district school board shall adopt and publish on 424
its website the process for a parent to limit his or her 425
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student's access to materials in the school or classroom 426
library. 427
(e) Public participation. —Publish on its website, in a 428
searchable format prescribed by the department, a list of all 429
instructional materials, including those used to provide 430
instruction required by s. 1003.42. Each district school board 431
must: 432
1. Provide access to all materials, excluding teacher 433
editions, in accordance with s. 1006.283(2)(b)8.a. before the 434
district school board takes any official action on such 435
materials. This proces s must include reasonable safeguards 436
against the unauthorized use, reproduction, and distribution of 437
instructional materials considered for adoption. 438
2. Select, approve, adopt, or purchase all materials as a 439
separate line item on the agenda and provide a reasonable 440
opportunity for public comment. The use of materials described 441
in this paragraph may not be selected, approved, or adopted as 442
part of a consent agenda. 443
3. Annually, beginning June 30, 2023, submit to the 444
Commissioner of Education a report tha t identifies: 445
a. Each material for which the school district received an 446
objection pursuant to subparagraph (a)2. , including the grade 447
level and course the material was used in, for the school year 448
and the specific objections thereto. 449
b. Each material that was removed or discontinued as a 450
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result of an objection . 451
c. Each material that was not removed or discontinued and 452
the rationale for not removing or discontinuing the material The 453
grade level and course for which a removed or disco ntinued 454
material was used, as applicable . 455
456
The department shall publish and regularly update a list of 457
materials that were removed or discontinued as a result of an 458
objection and disseminate the list to school districts for 459
consideration in their selection procedures. 460
(4) SCHOOL PRINCIPAL. —The school principal has the 461
following duties for the management and care of materials at the 462
school: 463
(a) Proper use of instructional materials. —The principal 464
shall assure that instructional materials are used to prov ide 465
instruction to students enrolled at the grade level or levels 466
for which the materials are designed, pursuant to adopted 467
district school board rule. The school principal shall 468
communicate to parents the manner in which instructional 469
materials are used t o implement the curricular objectives of the 470
school and the procedures for contesting the adoption and use of 471
instructional materials . 472
(f) Selection of library media center materials. —School 473
principals are responsible for overseeing compliance with schoo l 474
district procedures for selecting school library media center 475
ENROLLED
CS/CS/HB 1069 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069-03-er
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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
materials at the school to which they are assigned and notifying 476
parents of the process for objecting to the use of specific 477
materials. 478
Section 7. Sections 1000.05(2), (3), (4)(a), (5), an d 479
(6)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 480
1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 481
(3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), 482
and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 483
for the purpose of incorporating the amendment made by this act 484
to s. 1000.21, Florida Statutes, in references thereto. 485
Section 8. If any provision of this act or the application 486
thereof to any person or circumstance is held invalid, the 487
invalidity does not affect other provisions or applications of 488
this act which can be given effect without the invalid provision 489
or application, and to this end the provisions of this act are 490
severable. 491
Section 9. This act shall take effect July 1, 2023. 492