Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1692
       
       
       
       
       
       
                                Ì738110jÎ738110                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Education Pre-K - 12 (McClain) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 32 - 146
    4  and insert:
    5  representation, of whatever kind or form, describing or
    6  depicting nudity, sexual conduct, or sexual excitement as those
    7  terms are defined in s. 847.001 when it:
    8         a. Predominantly appeals to prurient, shameful, or morbid
    9  interest; and
   10         b. Is patently offensive to prevailing standards in the
   11  adult community as a whole with respect to what is suitable
   12  material or conduct for minors.
   13         3.2. “Instructional materials” has the same meaning as in
   14  s. 1006.29(2).
   15         4.3. “Library media center” means any collection of books,
   16  ebooks, periodicals, or videos maintained and accessible on the
   17  site of a school, including in classrooms.
   18         (b) As used in this section and s. 1006.283, the term
   19  “resident” means a person who has maintained his or her
   20  residence in this state for the preceding year, has purchased a
   21  home that is occupied by him or her as his or her residence, or
   22  has established a domicile in this state pursuant to s. 222.17.
   23         (c) As used in this section and ss. 1006.283, 1006.32,
   24  1006.35, 1006.37, 1006.38, 1006.40, and 1006.42, the term
   25  “purchase” includes purchase, lease, license, and acquire.
   26         (2) DISTRICT SCHOOL BOARD.—The district school board has
   27  the constitutional duty and responsibility to select and provide
   28  adequate instructional materials for all students in accordance
   29  with the requirements of this part. The district school board
   30  also has the following specific duties and responsibilities:
   31         (a) Courses of study; adoption.—Adopt courses of study,
   32  including instructional materials, for use in the schools of the
   33  district.
   34         1. Each district school board is responsible for the
   35  content of all instructional materials and any other materials
   36  used in a classroom, made available in a school or classroom
   37  library, or included on a reading list, whether adopted and
   38  purchased from the state-adopted instructional materials list,
   39  adopted and purchased through a district instructional materials
   40  program under s. 1006.283, or otherwise purchased or made
   41  available.
   42         2. Each district school board must adopt a policy regarding
   43  an objection by a parent or a resident of the county to the use
   44  of a specific material, which clearly describes a process to
   45  handle all objections and provides for resolution. The objection
   46  form, as prescribed by State Board of Education rule, and the
   47  district school board’s process must be easy to read and
   48  understand and be easily accessible on the homepage of the
   49  school district’s website. The objection form must also identify
   50  the school district point of contact and contact information for
   51  the submission of an objection. The process must provide the
   52  parent or resident the opportunity to proffer evidence to the
   53  district school board that:
   54         a. An instructional material does not meet the criteria of
   55  s. 1006.31(2) or s. 1006.40(3)(c) if it was selected for use in
   56  a course or otherwise made available to students in the school
   57  district but was not subject to the public notice, review,
   58  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
   59  and 11.
   60         b. Any material used in a classroom, made available in a
   61  school or classroom library, or included on a reading list
   62  contains content which:
   63         (I) Is pornographic or harmful to minors prohibited under
   64  s. 847.012;
   65         (II) Depicts or describes sexual conduct as defined in s.
   66  847.001 s. 847.001(19), unless such material is for a course
   67  required by s. 1003.46 or s. 1003.42(2)(o)1.g. or 3., or
   68  identified by State Board of Education rule;
   69         (III) Is not suited to students’ student needs and their
   70  ability to comprehend the material presented; or
   71         (IV) Is inappropriate for the grade level and age group for
   72  which the material is used.
   73  
   74  A resident of the county who is not the parent or guardian of a
   75  student with access to school district materials may not object
   76  to more than one material per month. The State Board of
   77  Education may adopt rules to implement this provision. Any
   78  material that is subject to an objection on the basis of sub
   79  sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must be
   80  removed within 5 school days after receipt of the objection and
   81  remain unavailable to students of that school until the
   82  objection is resolved. The school board may not consider
   83  potential literary, artistic, political, or scientific value as
   84  a basis for retaining the material objected to on the basis of
   85  sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II).
   86  Parents shall have the right to read passages from any material
   87  that is subject to an objection. If the school board denies a
   88  parent the right to read passages due to content that meets the
   89  requirements under sub-sub-subparagraph b.(I) or sub-sub
   90  subparagraph b.(II), the school district must shall discontinue
   91  the use of the material in the school district. If the district
   92  school board finds that any material meets the requirements
   93  under sub-subparagraph a. or that any other material contains
   94  prohibited content under sub-sub-subparagraph b.(I) or sub-sub
   95  subparagraph b.(II), the school district must shall discontinue
   96  use of the material. If the district school board finds that any
   97  other material contains prohibited content under sub-sub
   98  subparagraph b.(III) or sub-sub-subparagraph b. (IV) sub-sub
   99  subparagraphs b.(II)-(IV), the school district must shall
  100  discontinue use of the material for any grade level or age group
  101  for which such use is inappropriate or unsuitable.
  102         c.Any material that is specifically authorized as part of
  103  a health education course required under s. 1003.46; as part of
  104  comprehensive health education required under s.
  105  1003.42(2)(o)1.g. or 3.; or as approved, or identified as a
  106  sample text, through State Board of Education rule for specific
  107  educational purposes is not subject to the objection process
  108  required in this subparagraph.
  109         d.The State Board of Education shall oversee compliance
  110  with the requirements of this subparagraph using its oversight
  111  and enforcement authority under s. 1008.32.