House Bill 0009e2

                                      CS/CS/HB 9, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to patriotic programs; creating

  3         s. 233.0655, F.S.; authorizing district school

  4         board rules to require patriotic programs;

  5         providing program requirements; requiring

  6         recitation of the pledge of allegiance;

  7         providing for exceptions and for a notice

  8         thereof; amending s. 256.11, F.S.; revising the

  9         penalty for willfully causing the flag to fail

10         to be properly displayed; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 233.0655, Florida Statutes, is

16  created to read:

17         233.0655  Patriotic programs; rules.--Each district

18  school board is authorized to adopt rules to require, in all

19  of the schools of the district, programs of a patriotic nature

20  to encourage greater respect for the government of the United

21  States and its national anthem and flag, subject always to

22  other existing pertinent laws of the United States or of the

23  state; provided, that when the national anthem is played,

24  students and all civilians shall stand at attention, men

25  removing the headdress, except when such headdress is worn for

26  religious purposes; and provided, further, that the pledge of

27  allegiance to the flag, "I pledge allegiance to the flag of

28  the United States of America and to the republic for which it

29  stands, one nation under God, indivisible, with liberty and

30  justice for all," shall be rendered by students standing with

31  the right hand over the heart. The pledge of allegiance to the


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CODING: Words stricken are deletions; words underlined are additions.






                                      CS/CS/HB 9, Second Engrossed



  1  flag, as stated herein, shall be recited at the beginning of

  2  the day in each elementary and secondary public school in the

  3  state. Each Student shall be informed by posting a notice in a

  4  conspicuous place that the student has the right not to

  5  participate in reciting the pledge. Upon written request by

  6  his or her parent or guardian, the student must be excused

  7  from reciting the pledge. When the pledge is given, civilians

  8  must show full respect to the flag by standing at attention,

  9  men removing the headdress, except when such headdress is worn

10  for religious purposes, as provided by s. 7 of U.S. Pub. L.

11  No. 623, approved June 22, 1942, as amended by U.S. Pub. L.

12  No. 829, approved December 22, 1942.

13         Section 2.  Subsection (2) of section 256.11, Florida

14  Statutes, is amended to read:

15         256.11  Public auditoriums; display of the United

16  States flag.--

17         (2)  It is the duty of the person responsible for the

18  administration of such auditorium to provide a suitable flag

19  and cause it to be displayed in the manner provided in

20  subsection (1). If any such person willfully causes fails to

21  cause the flag to fail to be so displayed, except for the

22  cleaning, repair, or replacement of such flag, such person is

23  guilty of a noncriminal violation, punishable as provided in

24  s. 775.083.

25         Section 3.  This act shall take effect July 1, 1999.

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