This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME:
DATE:
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 1317 Patriotic Organizations
SPONSOR(S): Choice & Innovation Subcommittee, Duggan and others
TIED BILLS: None. IDEN./SIM. BILLS: CS/SB 1016
FINAL HOUSE FLOOR ACTION: 111 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 1317 passed the House on February 22, 2024. The bill was amended in the Senate on February 27,
2024, and March 6, 2024, and returned to the House. The House concurred in the Senate amendments and
subsequently passed the bill as amended on March 7, 2024.
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., with an educational purpose that
promotes patriotism and civic involvement. The bill authorizes, but does not require, a school district to allow a
representative of a patriotic organization the opportunity to speak with and distribute informational materials in
a classroom setting to students or allow a patriotic organization to have displays at schools within the district.
The bill requires a school district that authorizes access by a patriotic organization to provide a specific day
and time for the patriotic organization to speak to students as well as providing notice to parents of such
presentation that permits any parent to withhold consent for his or her child to participate.
The bill prohibits a school district from discriminating against patriotic organizations related to the use of any
school building or property outside of the school day. However, the bill provides that a school district that
allows access by a patriotic organization is not required to provide equal access to an organization that is not
designated as a patriotic organization.
The bill does not have a fiscal impact.
The bill was approved by the Governor on April 18, 2024, ch. 2024-104, L.O.F., and will become effective on
July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF 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 Mar. 12, 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.
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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
Boy Scouts of America Equal Access Act
The United States Department of Education (USDOE) Office for Civil Rights enforces the Boy Scouts of
America Equal Access Act (Boy Scouts Act) in public schools, Local Education Agencies (LEA), and
State Education Agencies (SEA) that receive Federal funds through the USDOE. The Boy Scouts Act is
part of the No Child Left Behind Act of 2001 that amended the Elementary and Secondary Education
Act of 1965. Under the Boy Scouts Act, no public school, LEA, or SEA that provides an opportunity for
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.
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one or more outside youth or community groups to meet on school premises or in school facilities shall
deny equal access to, or a fair opportunity to meet in, such facilities to any group officially affiliated with
the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a
patriotic organization.
23
Effect of the Bill
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., 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;
Girl Scouts of the United States of America;
Little League Baseball, Inc.;
Marine Corps League; and
Naval Sea Cadet Corps.
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. Additionally, the bill requires the school district to provide notice to parents of
presentations by patriotic organizations that permits any parent to withhold consent for his or her child
to participate.
The bill prohibits a school district from discriminating against patriotic organizations related to the use of
any school building or property outside of the school day. However, the bill provides that a school
district that allows access by a patriotic organization is not required to provide equal access to an
organization that is not designated as a patriotic organization.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
23
United States Department of Education, Office of Civil Rights, Boy Scouts of America Equal Access Act,
https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/boyscouts-pr.html (last visited Mar. 12, 2024).
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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.