Florida 2024 2024 Regular Session

Florida House Bill H1349 Analysis / Analysis

Filed 02/01/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1349a.CIS 
DATE: 2/1/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 1349    Required Instruction in History of Communism 
SPONSOR(S): Brannan and others 
TIED BILLS:  None. IDEN./SIM. BILLS: SB 1264 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Choice & Innovation Subcommittee 	11 Y, 4 N Collins Sleap 
2) PreK-12 Appropriations Subcommittee   
3) Education & Employment Committee   
SUMMARY ANALYSIS 
The bill requires, beginning in the 2026-2027 school year, that the History of Communism be included in 
required instruction to public school students in grades K-12. The bill requires such instruction to be age and 
developmentally appropriate and include: 
 The history of Communism in the United States and domestic Communist movements, including 
their histories and tactics. 
 Atrocities committed in foreign countries under the guidance of Communism. 
 The philosophy and lineages of Communist thought, including cultural Marxism. 
 The increasing threat of Communism in the 20
th
 century to the United States and our allies, 
including the events of the Cultural Revolution in the People’s Republic of China and other mass 
killings from Communist regimes. 
 The economic, industrial, and political events that preceded and anticipated Communist revolutions. 
 The Communist policies of Cuba and spread of Communist ideologies throughout Latin America, 
including the roots of the Communist Party of Cuba and guerilla forces throughout Latin America. 
 
The bill requires each school district to annually certify and provide evidence to the Department of Education 
(DOE) that the required instruction has been met. 
 
The bill also creates the Communism Education Task Force (task force) adjunct to the DOE. The task force is 
established to create a curriculum and academic standards for required instruction in the History of 
Communism and provide recommendations and instructional materials for such instruction.  
 
The task force members are to be appointed by the Governor, by August 1, 2024, and report its findings to the 
Governor, Legislature, and the DOE no later than July 1, 2025. The task force must also make 
recommendations to the Legislature regarding the creation of a Florida Museum of Communist History. 
 
The bill requires the DOE to prepare and offer standards and curriculum for the instruction of Communism 
based upon the recommendations of the task force. 
 
The bill may have a fiscal impact to the state. See Fiscal Comments. 
 
The bill has an effective date of July 1, 2024.  
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DATE: 2/1/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
Required Instruction Topics 
 
Florida law requires that public school students in grades K-12 receive instruction on specific subjects 
including historical time periods, comprehensive health education, and government, among others.
1
 
Instructional personnel are required to teach these subjects efficiently and faithfully, using historically 
accurate books and materials, following prescribed courses and approved methods of instruction.
2
 
Unless otherwise specified, the law generally does not prescribe grade level, instructional hours, or 
instructional materials requirements for these topics.  
 
School districts are required to report, annually each summer, to the Department of Education (DOE) 
on how instruction was provided during the previous school year for certain required subjects defined in 
s. 1003.42, F.S., including the history of the United States, the history of Asian American and Pacific 
Islanders, the history of African Americans, and the history of the Holocaust.
3
 The report must include 
specific courses offered for each grade level and what materials and resources were used.
4
  
 
Guiding Principles for Teaching Required Instruction Topics 
 
In 2022, the Legislature required that instruction on required topics be consistent with the following 
principles of individual freedom:
5
 
 
 No person is inherently racist, sexist, or oppressive, whether consciously or unconsciously, solely 
by virtue of his or her race or sex. 
 No race is inherently superior to another race. 
 No person should be discriminated against or receive adverse treatment solely or partly on the 
basis of race, color, national origin, religion, disability, or sex. 
 Meritocracy or traits such as a hard work ethic are not racist but fundamental to the right to pursue 
happiness and be rewarded for industry. 
 A person, by virtue of his or her race or sex, does not bear responsibility for actions committed in 
the past by other members of the same race or sex. 
 A person should not be instructed that he or she must feel guilt, anguish, or other forms of 
psychological distress for actions, in which he or she played no part, committed in the past by other 
members of the same race or sex. 
 
The Legislature specified that instructional personnel may facilitate discussions and use curricula to 
address, in an age-appropriate manner, how the freedoms of persons have been infringed by sexism, 
slavery, racial oppression, racial segregation, and racial discrimination. However, classroom instruction 
and curriculum may not be used to indoctrinate or persuade students to a particular point of view 
inconsistent with the above principles.
6
 
 
To enable students to better understand and appreciate the principles of individual freedom, the State 
Board of Education (SBE) is required to develop a “Stories of Inspiration” curriculum to inspire future 
generations through motivating stories of American history that demonstrate important life skills and the 
                                                
1
 Section 1003.42, F.S.  
2
 Section 1003.42(2), F.S. 
3
 Rule 6A-1.094124, F.A.C.  
4
 Id. 
5
 Section 1003.42(3), F.S. 
6
 Section 1003.42(3), F.S. (flush left provisions at the end of the subsection).  STORAGE NAME: h1349a.CIS 	PAGE: 3 
DATE: 2/1/2024 
  
principles of individual freedom that enabled persons to prosper even in the most difficult 
circumstances.
7
  
 
Social Studies Educational Standards 
 
In 2023, the SBE adopted Florida’s State Academic Standards for Social Studies.
8
 These current 
standards incorporate lessons on communism, including a Grade 7 standard requiring students to 
analyze the advantages of capitalism and the free market in the United States over government-
controlled economic systems. 
 
For grades K-6, the DOE has not promulgated standards for the history of communism. But for grades 
7 and 9-12, there are numerous American History standards that include the history of communism, 
including, but not limited to:
9
  
 Identify the factors that led to the decline and fall of communism in the Soviet Union and 
Eastern Europe; 
 Compare the philosophies of capitalism, socialism, and communism as described by Adam 
Smith, Robert Owen, and Karl Marx;  
 Analyze the advantages of capitalism and the free market in the United States over 
government-controlled economic systems (e.g., socialism and communism) in regard to 
economic freedom and raising the standard of living for citizens. 
 
Victims of Communism Day 
 
On May 9, 2022 Governor Ron DeSantis signed into law HB395, creating Victims of Communism Day 
to annually be observed in public schools on November 7.
10
 The law also required, beginning with the 
2022-2023 school year, high school students enrolled in the required United States Government class, 
to receive at least 45 minutes of instruction on “Victims of Communism Day” to include topics such as 
Mao Zedong and the Cultural Revolution, Joseph Stalin and the Soviet System, Fidel Castro and the 
Cuban Revolution, Vladimir Lenin and the Russian Revolution, Pol Pot and the Khmer Rouge, and 
Nicolás Maduro and the Chavismo movement, and how victims suffered under these regimes through 
poverty, starvation, migration, systemic lethal violence, and suppression of speech.
11
  
 
Effect of Proposed Changes 
 
The bill requires, beginning in the 2026-2027 school year, that the History of Communism be included 
in required instruction to public school students in grades K-12. The bill requires such required 
instruction to be age and developmentally appropriate and include: 
 The history of Communism in the United States and domestic Communist movements, including 
their histories and tactics. 
 Atrocities committed in foreign countries under the guidance of Communism. 
 The philosophy and lineages of Communist thought, including cultural Marxism. 
 The increasing threat of Communism in the 20
th
 century to the United States and our allies, 
including the events of the Cultural Revolution in the People’s Republic of China and other mass 
killings from Communist regimes. 
 The economic, industrial, and political events that preceded and anticipated Communist revolutions.  
 The Communist policies of Cuba and spread of Communist ideologies throughout Latin America, 
including the roots of the Communist Party of Cuba and guerilla forces throughout Latin America. 
                                                
7
 Section 1003.42(4), F.S. 
8
 See Florida’s State Academic Standards, Social Studies (2023), available at https://www.fldoe.org/core/fileparse.php/20653/urlt/6-
4.pdf.  
9
 CPALMS, Standards, Social Studies, American History, https://www.cpalms.org/PreviewIdea/Preview/3667 (last visited Jan 25, 
2024). See SS.7.CG.3.15, SS.912.CG.3.1, SS.9.12.CG.4, SS.912.W.6.3, and SS.912.W.8.5 CPALMS is the State of Florida’s official 
source for standards information and course descriptions. It provides access to thousands of standards-aligned, free, and high-quality 
instructional/educational resources that have been developed specifically for the standards and vetted through a rigorous review 
process. 
10
 Ch. 2022-98, L.O.F., codified at s. 683.334, F.S.  
11
 Section 683.334 (3)(a), F.S.   STORAGE NAME: h1349a.CIS 	PAGE: 4 
DATE: 2/1/2024 
  
 
The bill requires each school district to annually certify and provide evidence to the DOE that required 
instruction has been met. 
 
Further, the bill creates the Communism Education Task Force (task force) adjunct to the DOE. The 
task force is established to create a curriculum and academic standards for required instruction in the 
History of Communism and provide recommendations and instructional materials for such instruction. 
The task force must also recommend partnerships with other organizations for such instruction. 
 
The task force members are to be appointed by the Governor, by August 1, 2024, and report its 
findings to the Governor, Legislature, and the DOE no later than July 1, 2025. The task force must also 
make recommendations to the Legislature regarding the creation of a Florida Museum of Communist 
History. 
 
The bill requires the DOE to prepare and offer standards and curriculum for the instruction of 
Communism based upon the recommendations of the task force. 
 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 1003.42, F.S., beginning in a specified school year, requiring students to 
receive instruction on the history of Communism; providing requirements for each 
instruction; requiring school districts to annually certify and provide evidence to the 
Department of Education that certain requirements are met; requiring the department to 
prepare and offer standards and curriculum for such instruction; providing requirements 
for the standards and curriculum;  
 
Section 2:  Creates the Communism Education Task force adjunct to the department; providing the 
purpose of task force; providing for membership of the task force; providing duties of the 
task force; requiring the task force to submit a report to the Governor, Legislature, and 
department by a specified date; providing for the future expiration of the task force. 
 
Section 3:  Provides an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
See Fiscal Comments. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None.  STORAGE NAME: h1349a.CIS 	PAGE: 5 
DATE: 2/1/2024 
  
 
D. FISCAL COMMENTS: 
The Department of Education may incur costs associated with creating the Communism Education 
Task Force and preparing curriculum and academic standards for the required History of Communism 
instruction.  
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 
None.