STORAGE NAME: h1009.EAS
DATE: 4/3/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1009
TITLE: Religious and Patriotic Expression in the Public
School System
SPONSOR(S): Daniels
COMPANION BILL: SB 1504 (Rodriguez)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Education Administration
17 Y, 1 N, As CS
PreK-12 Budget
Education & Employment
SUMMARY
Effect of the Bill:
The bill clarifies that the Florida Department of Education (DOE) must annually distribute the United States
Department of Education’s Guidance on Constitutionally Protected Prayer and Religious Expression in Public
Elementary and Secondary Schools. The DOE must also distribute its Model Policy on Religious Expression
alongside the guidance. The bill also clarifies that the required displays of the State Motto must be located in a
clearly visible and public area of the school or building used by the district school board.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill updates Florida law to specify that the Florida Department of Education (DOE) must annually distribute
the United States Department of Education’s (U.S. DOE) Guidance on Constitutionally Protected Prayer and
Religious Expression in Public Elementary and Secondary Schools; this aligns the requirements with the current
name of the U.S. DOE guidance. Moreover, the Florida DOE must distribute its Model Policy on Religious Expression
in Public Schools annually, alongside the guidance. (Section 1).
The bill clarifies that each district school board must adopt rules requiring every school to display the State Motto
of “In God We Trust” in a clearly visible and public location which is readily accessible to and widely used by
students; the district school boards’ rules must also require that every building used by the district school board
displays the State Motto in a clearly visible and public location. (Section 2).
The effective date of the bill is July 1, 2025. (Section 3).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
In the United States, the First Amendment governs the relationship between religion and the government. While
preventing federal, state, and local governments
1 from establishing religion, the First Amendment also prohibits
1
While the text of the 1
st
Amendment reads that “Congress shall make no law . . .” courts have held that the 1
st
Amendment
applies to all levels of government under the 14
th
Amendment. See e.g. Murdock v. Pennsylvania, 319 U.S. 105, 108 (1943). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
governments from interfering with or discriminating against privately initiated religious expression and activities.
2
As a result, the key distinction is whether the religious expression is government sponsored or privately initiated.
3
United States Department of Education Guidance
The Elementary and Secondary Education Act (ESEA) requires that, as a condition of receiving ESEA funds, local
educational agencies certify in writing that the state educational agency has no policy preventing or denying
participation in constitutionally protected prayer. Moreover, the ESEA requires the Secretary of Education to issue
guidance to state educational agencies, local educational agencies, and the public on constitutionally protected
prayer in public schools.
4 The Guidance on Constitutionally Protected Prayer and Religious Expression in Public
Elementary and Secondary Schools clarifies the current legal landscape regarding school prayer in specific
contexts.
5
Florida Law-Religious Expression
Florida law requires that the DOE annually distribute the U.S. DOE guidelines on religious expression in public
schools to all district school board members, superintendents, school principals, and teachers.
6
Florida law also codifies protections of religious expression under the Florida Student and School Personnel
Religious Liberties Act (FSPRLA).
7 Under the FSPRLA, students are permitted to express religious beliefs in
coursework, free from discrimination, and may not be penalized for such expressions.
8 Students are also permitted
to wear clothing, accessories, and jewelry that display religious messaging and to pray or engage in religious
activities before, during, and after the school day in the same manner that students are permitted to engage in
secular activity.
9
The FSPRLA imposes several restrictions and requirements on school districts aimed at ensuring the freedom of
religious expression in public schools. School districts are forbidden from discriminating against a student, parent,
or school personnel on the basis of a religious viewpoint or expression.
10 Moreover, they may not prevent school
personnel from participating in religious activities on school grounds that are initiated by students before or after
the school day, so long as those activities are voluntary and do not conflict with the responsibilities of the school
personnel.
11 School districts must also give religious groups access to school facilities as given to secular groups.
Finally, school districts are required to adopt a policy that establishes a limited public forum for student speakers
that:
12
Provides the forum in a manner that does not discriminate against a student’s voluntary expression of
religious viewpoints on an otherwise permissible subject;
Provides a method for the selection of student speakers at school events, activities, and graduation
ceremonies that is based on neutral criteria;
Ensures that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech;
and
States in oral or written form that the student’s speech does not reflect the endorsement, sponsorship,
position, or expression of the school district.
2
U.S. Const. Amend. 1.
3
Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 302 (2000) (“there is a crucial difference between government speech
endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and
Free Exercise Clauses protect.").
4
20 U.S.C. Section 7904(a).
5
U.S. Department of Education, Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary
and Secondary Schools, https://www.ed.gov/laws-and-policy/education-policy/guidance-on-constitutionally-protected-
prayer-and-religious-expression-in-public-elementary-and-secondary-schools (last visited Mar. 27, 2025).
6
Section, 1002.205, F.S.
7
See ch. 2017-74, L.O.F.
8
Section 1002.206(3), F.S.
9
Section 1002.206(4), F.S.
10
Section 1002.206(2), F.S.
11
Section 1002.206(4)(b), F.S.
12
Section 1002.206(5)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The DOE must also develop and publish on its website, a model policy regarding limited public forum and
voluntary expression of religious viewpoints by students and school personnel.
13 A school district must adopt and
implement the DOE’s model policy.
Florida Law-Patriotic Programs
Under Florida Law, school districts are permitted to adopt various patriotic programs to encourage greater respect
for the government of the United States. For example, school districts are encouraged to coordinate instructions
related to our nation’s founding fathers for “American Founders’ Month.”
14 Florida Law requires, however, that the
pledge of allegiance to the flag be recited at the beginning of each day in every public elementary, middle, and high
school.
15 Moreover, each district school board must adopt rules that require the display of the state motto, “In God
We Trust,” at every school and building used by the district school board in a conspicuous place.
16
OTHER RESOURCES:
Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary
Schools | U.S. Department of Education
Florida Department of Education Model Policy on Religious Expression in Public Schools
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Education Administration
Subcommittee
17 Y, 1 N, As CS 4/2/2025 Sleap Blank
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removed restatement of current law from the bill.
Removed the requirement to play the national anthem at the beginning
of the school day.
Removed the requirement to provide students with notice of a right to
not participate in the singing of the anthem or the moment of silence.
Updated the statute to reflect the current name of the U.S. DOE’s
Guidance on Constitutionally Protected Prayer and Religious
Expression in Public Elementary and Secondary Schools.
Required that the DOE distribute its Model Policy on Religious
Expression alongside the U.S. DOE guidance.
Revised the requirements for the display of the State Motto.
PreK-12 Budget Subcommittee
Education & Employment
Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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13
Section 1002.206(6), F.S.
14
Section 1003.44(2), F.S.
15
Section 1003.44(1), F.S.
16
Section 1003.44(4), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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