Florida 2023 2023 Regular Session

Florida Senate Bill S0832 Analysis / Analysis

Filed 04/04/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability  
 
BILL: SB 832 
INTRODUCER:  Senator Berman 
SUBJECT:  Holocaust Remembrance Day 
DATE: April 4, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Jahnke Bouck ED Favorable 
2. Harmsen McVaney GO Pre-meeting 
3.     RC  
 
I. Summary: 
SB 832 requires the Governor to proclaim January 27 of each year as “Holocaust Remembrance 
Day,” to 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 has no impact on state revenues and expenditures. 
 
This bill is effective July 1, 2023. 
II. Present Situation: 
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, is observed throughout the state. 
                                                
1
 Section 683.08, F.S. 
2
 Section 683.25, F.S. 
REVISED:   BILL: SB 832   	Page 2 
 
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, Florida law 
recognizes the month of September as “American Founders’ Month,”
3
 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,”
4
 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.
5
 The Governor is directed to proclaim 
November 7 of each year as “Victims of Communism Day,” which must be observed in public 
schools. In the 2023-2024 school year, high school students enrolled in a United States 
Government class must receive at least 45 minutes of instruction on victims who suffered under 
specified communist regimes.
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 6 
million European Jews and others by the Nazi German regime and its allies and collaborators. At 
the beginning of Nazi rule, Dictator Adolf Hitler used the government to target and exclude Jews 
from German society. Among other anti-Semitic 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 shootings and gas poisoning killing centers in concentration camps. About 6 million 
Jews and some 5 million others, targeted for racial, political, ideological, and behavioral reasons, 
died in the Holocaust, more than 1 million of those who perished were children.
11
 
 
Commemoration of the Holocaust 
The United Nations (UN) 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 6 million Jewish victims 
                                                
3
 Section 683.1455, F.S. 
4
 Section 1003.421, F.S. 
5
 See Florida Department of Education, American Founders’ Month, http://www.fldoe.org/academics/standards/subject-
areas/social-studies/American-Founders-Month.stml (last visited Apr. 4, 2023). 
6
 Section 683.334, F.S. 
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 Apr. 4, 2023). 
11
 Id.  BILL: SB 832   	Page 3 
 
of the Holocaust and millions of other victims of Nazism and to develop education programs to 
help prevent future genocides.
12
 
 
Holocaust Education in Florida 
In 2020, the Legislature directed the DOE to develop standards for Holocaust Education.
13
 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.
14
 
 
In July 2021, the SBE adopted the updated State Standards for Social Studies, incorporating 
revised civics and government standards
15
 and new standards for grades 5-12 for Holocaust 
education.
16
 
 
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.
17 
 
 
Each school district must annually certify and provide evidence to the DOE that they have to 
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.
18
 
 
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.
19
 The DOE has created a portal 
dedicated to Holocaust Education Week, which offers commemoration resources, educational 
                                                
12
 United Nations General Assembly Resolution 60/7. See also, United Nations, Outreach Programme on the Holocaust, 
https://www.un.org/en/holocaustremembrance/observance/  (last visited Apr. 4, 2023). 
13
 Ch. 2020-88, s. 5, Laws of Fla. 
14
 Florida Department of Education, Next Generation Sunshine Standards – Social Studies, 2021, 
https://www.fldoe.org/core/fileparse.php/18736/urlt/SR-SocialStudies.pdf (last visited Apr. 4, 2023). 
15
 Ch. 2019-150, s.1, Laws of Fla. 
16
 Florida Department of Education, Next Generation Sunshine Standards – Social Studies, 2021, 
https://www.fldoe.org/core/fileparse.php/18736/urlt/SR-SocialStudies.pdf  (last visited Apr. 4, 2023). 
17
 Section 1003.42(2)(g)1., F.S. 
18
 Id. 
19
 Section 1003.42(2)(g)2., F.S.  BILL: SB 832   	Page 4 
 
programs, and materials concerning the Holocaust, for school districts, teachers, parents, and the 
general public.
20
 
III. Effect of Proposed Changes: 
SB 832 creates s. 683.045, F.S., to require the Governor to proclaim January 27 of each year to 
be “Holocaust Remembrance Day”. This day must 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. 
 
This bill is effective July 1, 2023. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Not applicable. The mandate restrictions do not apply because the bill does not require 
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to 
raise revenue, or reduce the percentage of state tax shared with counties and 
municipalities. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
                                                
20
 Florida Department of Education, Holocaust Education Week, https://www.fldoe.org/holocausteducation/holo-ed-
week.stml (last visited Apr. 4, 2023).  BILL: SB 832   	Page 5 
 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill is not expected to have an impact on state and local government revenues and 
expenditures. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill creates section 683.045 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.