Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1272
Ì287692MÎ287692
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Gruters) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsection (7) of section 1000.05,
6 Florida Statutes, is redesignated as subsection (8), a new
7 subsection (7) is added to that section, and paragraphs (a),
8 (b), (c), and (e) of subsection (2) are amended, to read:
9 1000.05 Discrimination against students and employees in
10 the Florida K-20 public education system prohibited; equality of
11 access required.—
12 (2)(a) Discrimination on the basis of race, ethnicity,
13 national origin, gender, disability, religion, or marital status
14 against a student or an employee in the state system of public
15 K-20 education is prohibited. No person in this state shall, on
16 the basis of race, ethnicity, national origin, gender,
17 disability, religion, or marital status, be excluded from
18 participation in, be denied the benefits of, or be subjected to
19 discrimination under any public K-20 education program or
20 activity, or in any employment conditions or practices,
21 conducted by a public educational institution that receives or
22 benefits from federal or state financial assistance.
23 (b) The criteria for admission to a program or course shall
24 not have the effect of restricting access by persons of a
25 particular race, ethnicity, national origin, gender, disability,
26 religion, or marital status.
27 (c) All public K-20 education classes shall be available to
28 all students without regard to race, ethnicity, national origin,
29 gender, disability, religion, or marital status; however, this
30 is not intended to eliminate the provision of programs designed
31 to meet the needs of students with limited proficiency in
32 English, gifted students, or students with disabilities or
33 programs tailored to students with specialized talents or
34 skills.
35 (e) Guidance services, counseling services, and financial
36 assistance services in the state public K-20 education system
37 shall be available to students equally. Guidance and counseling
38 services, materials, and promotional events shall stress access
39 to academic and career opportunities for students without regard
40 to race, ethnicity, national origin, gender, disability,
41 religion, or marital status.
42 (7) A public K-20 educational institution must treat
43 discrimination by students or employees or resulting from
44 institutional policies motivated by anti-Semitic intent in an
45 identical manner to discrimination motivated by race. For
46 purposes of this section, the term “anti-Semitism” includes a
47 certain perception of the Jewish people, which may be expressed
48 as hatred toward Jewish people, rhetorical and physical
49 manifestations of anti-Semitism directed toward a person, his or
50 her property, or toward Jewish community institutions or
51 religious facilities.
52 (a) Examples of anti-Semitism include:
53 1. Calling for, aiding, or justifying the killing or
54 harming of Jews, often in the name of a radical ideology or an
55 extremist view of religion.
56 2. Making mendacious, dehumanizing, demonizing, or
57 stereotypical allegations about Jews as such or the power of
58 Jews as a collective, especially, but not exclusively, the myth
59 about a world Jewish conspiracy or of Jews controlling the
60 media, economy, government, or other societal institutions.
61 3. Accusing Jews as a people of being responsible for real
62 or imagined wrongdoings committed by a single Jewish person or
63 group, the State of Israel, or even for acts committed by non
64 Jews.
65 4. Accusing Jews as a people or the State of Israel of
66 inventing or exaggerating the Holocaust.
67 5. Accusing Jewish citizens of being more loyal to Israel,
68 or the alleged priorities of Jews worldwide, than to the
69 interest of their own nations.
70 (b) Examples of anti-Semitism related to Israel include:
71 1. Demonizing Israel by using the symbols and images
72 associated with classic anti-Semitism to characterize Israel or
73 Israelis, drawing comparisons of contemporary Israeli policy to
74 that of the Nazis, or blaming Israel for all interreligious or
75 political tensions.
76 2. Applying a double standard to Israel by requiring
77 behavior of Israel that is not expected or demanded of any other
78 democratic nation, or focusing peace or human rights
79 investigations only on Israel.
80 3. Delegitimizing Israel by denying the Jewish people their
81 right to self-determination and denying Israel the right to
82 exist.
83
84 However, criticism of Israel that is similar to criticism toward
85 any other country may not be regarded as anti-Semitic.
86 (c) Nothing in this subsection shall be construed to
87 diminish or infringe upon any right protected under the First
88 Amendment to the United States Constitution, or the State
89 Constitution. Nothing in this subsection shall be construed to
90 conflict with federal or state discrimination laws.
91 Section 2. Subsection (7) of section 1002.20, Florida
92 Statutes, is amended to read:
93 1002.20 K-12 student and parent rights.—Parents of public
94 school students must receive accurate and timely information
95 regarding their child’s academic progress and must be informed
96 of ways they can help their child to succeed in school. K-12
97 students and their parents are afforded numerous statutory
98 rights including, but not limited to, the following:
99 (7) NONDISCRIMINATION.—All education programs, activities,
100 and opportunities offered by public educational institutions
101 must be made available without discrimination on the basis of
102 race, ethnicity, national origin, gender, disability, religion,
103 or marital status, in accordance with the provisions of s.
104 1000.05.
105 Section 3. This act shall take effect upon becoming a law.
106
107 ================= T I T L E A M E N D M E N T ================
108 And the title is amended as follows:
109 Delete everything before the enacting clause
110 and insert:
111 A bill to be entitled
112 An act relating to anti-Semitism; amending s. 1000.05,
113 F.S.; prohibiting discrimination in the Florida K-20
114 public education system based on religion; requiring
115 public K-20 educational institutions to take into
116 consideration anti-Semitism under certain instances of
117 discrimination; defining the term “anti-Semitism”;
118 providing an exception; providing construction;
119 amending s. 1002.20, F.S.; conforming provisions to
120 changes made by the act; providing an effective date.