This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1317a.CIS
DATE: 1/25/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1317 Patriotic Organizations
SPONSOR(S): Choice & Innovation Subcommittee, Duggan
TIED BILLS: None. IDEN./SIM. BILLS: CS/SB 1016
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee 14 Y, 0 N, As CS Wolff Sleap
2) Education & Employment Committee
SUMMARY ANALYSIS
The bill defines the term “patriotic organization” as a youth membership organization serving young people
under the age of 21 that is listed in specified sections of Title 36, U.S.C., as it existed on January 1, 2020, with
an educational purpose that promotes patriotism and civic involvement. The organizations covered by the bill
are: Big Brothers-Big Sisters of America; Boy Scouts of America; Boys & Girls Clubs of America; Civil Air
Patrol; Future Farmers of America; and Girl Scouts of the United States of America.
The bill authorizes, but does not require, a school district to allow a representative of a patriotic organization
the opportunity, during school hours and instructional time, to speak with and distribute informational materials
in a classroom setting to students to encourage participation in the patriotic organization and its activities and
provide opportunities for a patriotic organization to have displays at schools within the district to provide
opportunities for student recruitment.
However, if a school district authorizes such an activity, the bill requires the school district to provide a specific
day and time for the patriotic organization to speak to students at schools within the district after the patriotic
organization has provided reasonable notice of its intent to speak to students and provide displays.
The bill clarifies that an approved patriotic organization may be allowed to use any school building or property,
if such permitted activities are set to occur outside of the school day.
Additionally, the bill clarifies that a school district that allows a patriotic organization to speak with and distribute
informational materials to students or use school buildings or property is not required to provide equal access
to an organization that is not designated as a patriotic organization.
The bill does not appear to have a fiscal impact.
The effective date of the bill is July 1, 2024. STORAGE NAME: h1317a.CIS PAGE: 2
DATE: 1/25/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Civics Education in Florida
The mission of Florida’s K-20 education system is to “allow its students to increase their proficiency by
allowing them the opportunity to expand their knowledge and skills through rigorous and relevant
learning opportunities.”
1
Civic literacy and preparing students to become civically engaged and
knowledgeable adults who positively contribute to their communities is a priority of the Florida
education system.
2
Secondary Education
Florida law requires each district school board to provide instruction on the history, significance, and
principles of the Declaration of Independence and the United States Constitution, flag education, and
civil government.
3
Additional instruction in civic and character education on the qualities and
responsibilities of patriotism and citizenship are also required.
4
The civic and character education
instruction must include “kindness; respect for authority, life, liberty, and personal property; honesty;
charity; racial, ethnic, and religious tolerance; and cooperation and, for grades 11 and 12, voting using
the uniform primary and general election ballot .“
5
By July 1 of each year, each school district must
submit a report to the Commissioner of Education that describes how instruction was provided for such
topics during the previous school year.
6
A district school board may also adopt rules requiring patriotic programs in schools that encourage
respect for the government of the United States and its national anthem and flag.
7
Teachers or
administrators in the schools may read or post historic material such as the United States Constitution,
the Bill of Rights, and other foundational materials.
8
Currently, Florida’s State Academic Standards for social studies include civics content in kindergarten
through grade 12.
9
For middle grades, a student must successfully complete three middle school or
higher courses in social studies in order to be promoted to high school.
10
One of the three courses must
be at least a one-semester civics education course that includes the roles and responsibilities of
federal, state, and local governments; the structures and functions of the legislative, executive, and
judicial branches; and the meaning and significance of documents such as the Articles of
Confederation, the Declaration of Independence, and the United States Constitution.
11
At the high school level, 24 credits are required for a standard high school diploma.
12
Three credits
must be in social studies, including one credit each in United States History and World History; one-half
1
Section 1000.03(4), F.S.
2
Section 1000.03(5)(c), F.S.
3
Section 1003.42(2)(a)-(e), F.S.
4
Section 1003.42(2)(t), F.S.
5
Id.
6
Rule 6A-1.094124(1)-(2), F.A.C.
7
Section 1003.44(1), F.S.
8
Section 1003.44(2), F.S.
9
See CPALMS, Browse and Search Standards, http://www.cpalms.org/Public/search/Standard (last visited Jan. 19, 2024) (providing
the Florida Academic Standards for each subject area, by grade level); see also, Florida’s State Academic Standards, Social Studies
(2023), available at https://www.fldoe.org/core/fileparse.php/20653/urlt/6-4.pdf and r. 6A-1.09411 and 6A-1.09401, F.A.C.
10
Section 1003.4156(1)(c), F.S.
11
Id.
12
Section 1003.4282(1)(a), F.S. STORAGE NAME: h1317a.CIS PAGE: 3
DATE: 1/25/2024
credit in economics; and one-half credit in United States Government.
13
Students taking the United
States Government course are required to take the assessment of civic literacy and a student earning a
passing score on the assessment are exempt from the postsecondary civic literacy assessment.
14
Students in the middle grades civics course and the high school United States History course must take
an end-of-course assessment
15
that constitutes 30 percent of the student’s final course grade.
16
Service Learning
To encourage civic engagement, career exploration, and the application of classroom curriculum in a
student’s community, the Department of Education encourages school districts to initiate, adopt,
expand, and institutionalize service-learning programs, activities, and policies in kindergarten through
grade 12.
17
Service-learning refers to a student-centered, research-based teaching and learning
strategy that engages students in meaningful service activities in their school or communities.
18
The
service activities are directly tied to academic curriculum, standards, and course, district, or state
assessments.
19
The hours a high school student devotes to course-based service-learning activities
may be counted toward meeting the service work requirements of the Florida Bright Futures
Scholarship Program.
20
Patriotic Organizations
Federal law currently provides a listing of recognized patriotic and national observances, ceremonies,
and organizations.
21
Specifically, the law provides a list of Patriotic and National Organizations,
including, but not limited to:
American Historical Association;
The American Legion;
Big Brothers-Big Sisters of America;
Boy Scouts of America;
Boys & Girls Clubs of America;
Civil Air Patrol;
Future Farmers of America;
Girl Scouts of the United States of America;
Little League Baseball, Inc.;
National Academy of Sciences;
United States Olympic and Paralympic Committee; and
Veterans of Foreign Wars.
22
Effect of Proposed Changes
The bill defines the term “patriotic organization” as a youth membership organization serving young
people under the age of 21 that is listed in specified sections of Title 36, U.S.C., as it existed on
January 1, 2020, with an educational purpose that promotes patriotism and civic involvement. The
organizations covered by the bill are:
Big Brothers-Big Sisters of America;
Boy Scouts of America;
Boys & Girls Clubs of America;
13
Section 1003.4282(3)(d), F.S.
14
Id.
15
Section 1008.22(3)(b), F.S.
16
Sections 1003.4156(1)(c) and 1003.4282(3)(d), F.S.
17
Section 1003.497(1), F.S.
18
Id.
19
Id.
20
Section 1003.497(3)(b), F.S. See s. 1009.534(1), F.S.; s. 1009.535(1), F.S.; ss. 1009.536(1)(e) and (2)(b), F.S. for service work and
paid work requirements.
21
See generally Title 36, U.S.C.
22
See 36 U.S.C. § 20101-240112. STORAGE NAME: h1317a.CIS PAGE: 4
DATE: 1/25/2024
Civil Air Patrol;
Future Farmers of America; and
Girl Scouts of the United States of America.
The bill authorizes, but does not require, a school district to permit the following:
Allow a representative of a patriotic organization the opportunity, during school hours and
instructional time, to speak with and distribute informational materials in a classroom setting to
students to encourage participation in the patriotic organization and its activities and inform
students of how the patriotic organization may further the students' educational interests and
civic involvement to better the students' school and community and themselves; and
Provide opportunities for a patriotic organization to have displays at schools within the district to
provide opportunities for student recruitment. Such displays may include informational flyers
and the use of other existing communication channels.
However, if a school district authorizes such an activity, the bill requires the school district to provide a
specific day and time for the patriotic organization to speak to students at schools within the district
after the patriotic organization has provided reasonable notice of its intent to speak to students and
provide displays. The bill clarifies that an approved patriotic organization may be allowed to use any
school building or property, if such permitted activities are set to occur outside of the school day.
Additionally, the bill clarifies that a school district that allows a patriotic organization to speak with and
distribute informational materials to students or use school buildings or property is not required to
provide equal access to an organization that is not designated as a patriotic organization.
B. SECTION DIRECTORY:
Section 1: Creates s. 1001.433, F.S.; defining the term "patriotic organization"; authorizing school
districts to allow representatives of patriotic organizations certain opportunities to speak
to students, distribute certain materials, and provide certain displays relating to the
patriotic organizations; requiring certain school districts to provide the date and time for
such patriotic organizations to speak with students, distribute materials, and provide
certain displays; authorizing patriotic organizations to be provided certain access to
school buildings and properties under certain circumstances; providing applicability.
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.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: STORAGE NAME: h1317a.CIS PAGE: 5
DATE: 1/25/2024
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:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Choice & Innovation Subcommittee adopted one amendment and reported the
bill favorably as a committee substitute. The amendment:
Narrowed the definition of “patriotic organization” to specified organizations.
Clarified that material distributed by patriotic organizations must be informational material.
The analysis is drafted to the committee substitute adopted by the Choice & Innovation Subcommittee.