CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                               Bill No. CS/CS/HB 9
    Amendment No.     (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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10                                                                
11  Representative(s) Wilson and Cosgrove offered the following:
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13         Substitute Amendment for Amendment (861297) (with title
14  amendment) 
15         On page 1, line 16 through page 2, line 19
16  remove from the bill:  all of said lines
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18  and insert in lieu thereof:  233.0655  Patriotic programs;
19  rules.--Each district school board is authorized to adopt
20  rules to require, in all of the schools of the district,
21  programs of a patriotic nature to encourage greater respect
22  for the government of the United States and its national
23  anthem and flag, subject always to other existing pertinent
24  laws of the United States or of the state; provided, that when
25  the national anthem is played, students and all civilians
26  shall stand at attention, men removing the headdress, except
27  when such headdress is worn for religious purposes; and
28  provided, further, that the pledge of allegiance to the flag,
29  "I pledge allegiance to the flag of the United States of
30  America and to the republic for which it stands, one nation
31  under God, indivisible, with liberty and justice for all,"
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    File original & 9 copies    04/12/99
    hmo0008                     04:43 pm         00009-0104-034673
                                                   HOUSE AMENDMENT
                                               Bill No. CS/CS/HB 9
    Amendment No.     (for drafter's use only)
 1  shall be rendered by students standing with the right hand
 2  over the heart. The pledge of allegiance to the flag, as
 3  stated herein, shall be recited at the beginning of the day in
 4  each elementary and secondary public school in the state,
 5  provided that, upon written request by a parent or guardian, a
 6  student may be excused from reciting the pledge. When the
 7  pledge is given, civilians must show full respect to the flag
 8  by standing at attention, men removing the headdress, as
 9  provided by s. 7 of U.S... Pub. L. No. 623, approved June 22,
10  1942, as amended by U.S... Pub. L. No. 829, approved December
11  22, 1942.
12         Section 2.  Subsection (2) of section 256.11, Florida
13  Statutes, is amended to read:
14         256.11  Public auditoriums; display of the United
15  States flag.--
16         (2)  It is the duty of the person responsible for the
17  administration of such auditorium to provide a suitable flag
18  and cause it to be displayed in the manner provided in
19  subsection (1). If any such person willfully causes fails to
20  cause the flag to fail to be so displayed, except for the
21  cleaning, repair, or replacement of such flag, such person is
22  guilty of a noncriminal violation, punishable as provided in
23  s. 775.083.
24         Section 3.  Paragraph (g) of subsection (2) of section
25  233.061, Florida Statutes, 1998 Supplement, is amended to
26  read:
27         233.061  Required instruction.--
28         (2)  Members of the instructional staff of the public
29  schools, subject to the rules and regulations of the
30  commissioner, the state board, and the school board, shall
31  teach efficiently and faithfully, using the books and
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                                                   HOUSE AMENDMENT
                                               Bill No. CS/CS/HB 9
    Amendment No.     (for drafter's use only)
 1  materials required, following the prescribed courses of study,
 2  and employing approved methods of instruction, the following:
 3         (g)  The history of African Americans, including the
 4  history of African culture prior to the European
 5  implementation peoples before the political conflicts that led
 6  to the development of slavery, the passage to America, the
 7  dehumanizing effects of the enslavement experience, abolition,
 8  and the unique contributions of African Americans to society.
 9  Curriculum relating to the history of African Americans must
10  be designed to lead to an investigation of human behavior, the
11  negative consequences resulting from racial hatred, encourage
12  tolerance of different races and cultures, and to promote
13  racial equity and pride.
14         Section 4.  Paragraph (d) of subsection (4) of section
15  233.09, Florida Statutes, is amended to read:
16         233.09  Duties of each state instructional materials
17  committee.--The duties of each state instructional materials
18  committee shall be:
19         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To
20  evaluate carefully all instructional materials submitted, to
21  ascertain which instructional materials, if any, submitted for
22  consideration best implement the selection criteria developed
23  by the Commissioner of Education and those curricular
24  objectives included within applicable performance standards
25  provided for in s. 229.565.
26         (d)  When recommending instructional materials for use
27  in the schools, each committee shall require, when appropriate
28  to the comprehension of pupils, that materials for social
29  science, history, or civics classes contain the Declaration of
30  Independence and the Constitution of the United States.
31  Effective July 1, 2002 and thereafter, instructional materials
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                                                   HOUSE AMENDMENT
                                               Bill No. CS/CS/HB 9
    Amendment No.     (for drafter's use only)
 1  recommended for adoption for subjects including, but not
 2  limited to, science, math, history, and health must include
 3  historical data related to the contributions of African
 4  Americans, Hispanics, and women. No instructional materials
 5  shall be recommended by any committee for use in the schools
 6  which contain any matter reflecting unfairly upon persons
 7  because of their race, color, creed, national origin,
 8  ancestry, gender, or occupation.
 9         Section 5.  Subsection (2) of section 233.34, Florida
10  Statutes, is amended to read:
11         233.34  Use of instructional materials allocation;
12  instructional materials, library books, and reference books;
13  repair of books.--
14         (2)  Each school district shall use the annual
15  allocation for the purchase of instructional materials
16  included on the state-adopted list.  No less than 50 percent
17  of the annual allocation shall be used to purchase items which
18  will be used to provide instruction to students at the level
19  or levels for which the materials are designed.  However, up
20  to 50 percent of the annual allocation may be used for the
21  purchase of instructional materials, including library and
22  reference books and nonprint materials, not included on the
23  state-adopted list and for the repair and renovation of
24  textbooks and library books. However, such funds may not be
25  used for the purchase of instructional materials for subjects
26  including, but not limited to, science, math, history, and
27  health which do not include historical data related to the
28  contributions of African Americans, Hispanics, and women.
29  Notwithstanding the provisions of this subsection, school
30  districts may use 100 percent of that portion of the annual
31  allocation which is designated by the district for the
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    hmo0008                     04:43 pm         00009-0104-034673
                                                   HOUSE AMENDMENT
                                               Bill No. CS/CS/HB 9
    Amendment No.     (for drafter's use only)
 1  purchase of instructional materials for kindergarten, and 75
 2  percent of that portion of the annual allocation which is
 3  designated for the purchase of instructional materials for
 4  first grade, to purchase materials not on the state-adopted
 5  list.
 6
 7
 8  ================ T I T L E   A M E N D M E N T ===============
 9  And the title is amended as follows:
10         On page 1, line 9
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12  after the semicolon insert:
13         amending s. 233.061, F.S.; revising provisions
14         relating to authorized instruction regarding
15         the history of African Americans; amending s.
16         233.09, F.S., relating to duties of state
17         instructional materials committees; requiring
18         instructional materials recommended for
19         adoption to include historical data related to
20         the contributions of African Americans,
21         Hispanics, and women; amending s. 233.34, F.S.;
22         prohibiting funds from the instructional
23         materials allocation from being used for the
24         purchase of instructional materials not on the
25         state-adopted list which do not include
26         historical data related to the contributions of
27         African Americans, Hispanics, and women;
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    File original & 9 copies    04/12/99
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