Florida Senate - 2025 SB 1692 By Senator McClain 9-00535A-25 20251692__ 1 A bill to be entitled 2 An act relating to material that is harmful to minors; 3 amending s. 847.001, F.S.; revising the definition of 4 the term “harmful to minors”; amending s. 1006.28, 5 F.S.; revising the list of materials used in a 6 classroom which are subject to the objection process 7 by parents or residents; reenacting ss. 847.012(3), 8 847.0134(1), 847.0138(2) and (3), and 847.0141(1), 9 F.S., relating to harmful materials and the 10 prohibition against the sale or distribution to minors 11 or using minors in a production, the prohibition 12 against adult entertainment establishments that 13 display, sell, or distribute materials harmful to 14 minors within 2,500 feet of a school, the prohibition 15 against transmission to a minor of material harmful to 16 minors by electronic device or equipment, and sexting 17 and related prohibited acts, respectively, to 18 incorporate the amendment made to s. 847.001, F.S., in 19 references thereto; reenacting s. 1014.05(1)(c), F.S., 20 relating to school district notifications on parental 21 rights, to incorporate the amendment made to s. 22 1006.28, F.S., in a reference thereto; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (7) of section 847.001, Florida 28 Statutes, is amended to read: 29 847.001 Definitions.—As used in this chapter, the term: 30 (7) “Harmful to minors” means any reproduction, imitation, 31 characterization, description, exhibition, presentation, or 32 representation, of whatever kind or form, depicting nudity, 33 sexual conduct, or sexual excitement when it: 34 (a) Predominantly appeals to a prurient, shameful, or 35 morbid interest; 36 (b) Is patently offensive to prevailing standards in the 37 adult community as a whole with respect to what is suitable 38 material or conduct for minors; and 39 (c) Taken as a whole, is without serious literary, 40 artistic, political, or scientific value for minors. This 41 paragraph does not apply to such reproduction, imitation, 42 characterization, description, exhibition, presentation, or 43 representation in an educational setting or to a determination 44 made by an employee of any kindergarten, elementary school, 45 middle school, junior high school, or secondary school, whether 46 public or private, with regard to such material if the material 47 is possessed by a person with the intent to send, sell, 48 distribute, exhibit, represent, or display it to a minor and is 49 not part of an approved instructional or library material. 50 51 A mother’s breastfeeding of her baby is not under any 52 circumstance “harmful to minors.” 53 Section 2. Paragraph (a) of subsection (2) of section 54 1006.28, Florida Statutes, is amended to read: 55 1006.28 Duties of district school board, district school 56 superintendent; and school principal regarding K-12 57 instructional materials.— 58 (2) DISTRICT SCHOOL BOARD.—The district school board has 59 the constitutional duty and responsibility to select and provide 60 adequate instructional materials for all students in accordance 61 with the requirements of this part. The district school board 62 also has the following specific duties and responsibilities: 63 (a) Courses of study; adoption.—Adopt courses of study, 64 including instructional materials, for use in the schools of the 65 district. 66 1. Each district school board is responsible for the 67 content of all instructional materials and any other materials 68 used in a classroom, made available in a school or classroom 69 library, or included on a reading list, whether adopted and 70 purchased from the state-adopted instructional materials list, 71 adopted and purchased through a district instructional materials 72 program under s. 1006.283, or otherwise purchased or made 73 available. 74 2. Each district school board must adopt a policy regarding 75 an objection by a parent or a resident of the county to the use 76 of a specific material, which clearly describes a process to 77 handle all objections and provides for resolution. The objection 78 form, as prescribed by State Board of Education rule, and the 79 district school board’s process must be easy to read and 80 understand and be easily accessible on the homepage of the 81 school district’s website. The objection form must also identify 82 the school district point of contact and contact information for 83 the submission of an objection. The process must provide the 84 parent or resident the opportunity to proffer evidence to the 85 district school board that: 86 a. An instructional material does not meet the criteria of 87 s. 1006.31(2) or s. 1006.40(3)(c) if it was selected for use in 88 a course or otherwise made available to students in the school 89 district but was not subject to the public notice, review, 90 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 91 and 11. 92 b. Any material used in a classroom, made available in a 93 school or classroom library, or included on a reading list 94 contains content which: 95 (I) Is pornographic or prohibited under s. 847.012; 96 (II) Depicts or describes sexual conduct as defined in s. 97 847.001(19), unless such material is specifically authorized as 98 part of a health education course required under s. 1003.46; as 99 part of comprehensive health education required under s. 100 1003.42(2)(o)1.g. or 3.; or as approved throughforacourse101required by s. 1003.46 or s. 1003.42(2)(o)1.g. or 3., or102identified byState Board of Education rule for specific 103 educational purposes. 104 (A) Upon receipt of an objection under this sub-sub 105 subparagraph regarding material that depicts or describes sexual 106 conduct, the material must be removed within 5 school days; the 107 material must remain unavailable throughout the objection review 108 process; and the school board may not consider potential 109 literary, artistic, political, or scientific value as a basis 110 for retaining the material. 111 (B) The State Board of Education shall monitor district 112 compliance with the requirements of this sub-sub-subparagraph 113 through regular audits and reporting. Upon finding that a 114 district has failed to comply with these requirements, the State 115 Board of Education shall provide written notice of noncompliance 116 to the district; may withhold the transfer of state funds, 117 discretionary grant funds, discretionary lottery funds, or any 118 other funds specified by the Legislature until the school 119 district complies with the requirements; shall require the 120 district to submit a corrective action plan within 30 days after 121 receiving notice of noncompliance; and may impose additional 122 sanctions or requirements as conditions for the continued 123 receipt of state funds; 124 (III) Is not suited to student needs and their ability to 125 comprehend the material presented; or 126 (IV) Is inappropriate for the grade level and age group for 127 which the material is used. 128 129 A resident of the county who is not the parent or guardian of a 130 student with access to school district materials may not object 131 to more than one material per month. The State Board of 132 Education may adopt rules to implement this provision. Any 133 material that is subject to an objection on the basis of sub 134 sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must be 135 removed within 5 school days after receipt of the objection and 136 remain unavailable to students of that school until the 137 objection is resolved. Parents shall have the right to read 138 passages from any material that is subject to an objection. If 139 the school board denies a parent the right to read passages due 140 to content that meets the requirements under sub-sub 141 subparagraph b.(I), the school district shall discontinue the 142 use of the material in the school district. If the district 143 school board finds that any material meets the requirements 144 under sub-subparagraph a. or that any other material contains 145 prohibited content under sub-sub-subparagraph b.(I), the school 146 district shall discontinue use of the material. If the district 147 school board finds that any other material contains prohibited 148 content under sub-sub-subparagraphs b.(II)-(IV), the school 149 district shall discontinue use of the material for any grade 150 level or age group for which such use is inappropriate or 151 unsuitable. 152 3. Each district school board must establish a process by 153 which the parent of a public school student or a resident of the 154 county may contest the district school board’s adoption of a 155 specific instructional material. The parent or resident must 156 file a petition, on a form provided by the school board, within 157 30 calendar days after the adoption of the instructional 158 material by the school board. The school board must make the 159 form available to the public and publish the form on the school 160 district’s website. The form must be signed by the parent or 161 resident, include the required contact information, and state 162 the objection to the instructional material based on the 163 criteria of s. 1006.31(2) or s. 1006.40(3)(c). Within 30 days 164 after the 30-day period has expired, the school board must, for 165 all petitions timely received, conduct at least one open public 166 hearing before an unbiased and qualified hearing officer. The 167 hearing officer may not be an employee or agent of the school 168 district. The hearing is not subject to the provisions of 169 chapter 120; however, the hearing must provide sufficient 170 procedural protections to allow each petitioner an adequate and 171 fair opportunity to be heard and present evidence to the hearing 172 officer. The school board’s decision after convening a hearing 173 is final and not subject to further petition or review. 174 4. Meetings of committees convened for the purpose of 175 ranking, eliminating, or selecting instructional materials for 176 recommendation to the district school board must be noticed and 177 open to the public in accordance with s. 286.011. Any committees 178 convened for such purposes must include parents of students who 179 will have access to such materials. 180 5. Meetings of committees convened for the purpose of 181 resolving an objection by a parent or resident to specific 182 materials must be noticed and open to the public in accordance 183 with s. 286.011. Any committees convened for such purposes must 184 include parents of students who will have access to such 185 materials. 186 6. If a parent disagrees with the determination made by the 187 district school board on the objection to the use of a specific 188 material, a parent may request the Commissioner of Education to 189 appoint a special magistrate who is a member of The Florida Bar 190 in good standing and who has at least 5 years’ experience in 191 administrative law. The special magistrate shall determine facts 192 relating to the school district’s determination, consider 193 information provided by the parent and the school district, and 194 render a recommended decision for resolution to the State Board 195 of Education within 30 days after receipt of the request by the 196 parent. The State Board of Education must approve or reject the 197 recommended decision at its next regularly scheduled meeting 198 that is more than 7 calendar days and no more than 30 days after 199 the date the recommended decision is transmitted. The costs of 200 the special magistrate shall be borne by the school district. 201 The State Board of Education shall adopt rules, including forms, 202 necessary to implement this subparagraph. 203 Section 3. For the purpose of incorporating the amendment 204 made by this act to section 847.001, Florida Statutes, in a 205 reference thereto, subsection (3) of section 847.012, Florida 206 Statutes, is reenacted to read: 207 847.012 Harmful materials; sale or distribution to minors 208 or using minors in production prohibited; penalty.— 209 (3) A person may not knowingly sell, rent, or loan for 210 monetary consideration to a minor: 211 (a) Any picture, photograph, drawing, sculpture, motion 212 picture film, videocassette, or similar visual representation or 213 image of a person or portion of the human body which depicts 214 nudity or sexual conduct, sexual excitement, sexual battery, 215 bestiality, or sadomasochistic abuse and which is harmful to 216 minors; or 217 (b) Any book, pamphlet, magazine, printed matter however 218 reproduced, or sound recording that contains any matter defined 219 in s. 847.001, explicit and detailed verbal descriptions or 220 narrative accounts of sexual excitement, or sexual conduct and 221 that is harmful to minors. 222 Section 4. For the purpose of incorporating the amendment 223 made by this act to section 847.001, Florida Statutes, in a 224 reference thereto, subsection (1) of section 847.0134, Florida 225 Statutes, is reenacted to read: 226 847.0134 Prohibition of adult entertainment establishment 227 that displays, sells, or distributes materials harmful to minors 228 within 2,500 feet of a school.— 229 (1) Except for those establishments that are legally 230 operating or have been granted a permit from a local government 231 to operate as adult entertainment establishments on or before 232 July 1, 2001, an adult entertainment establishment that sells, 233 rents, loans, distributes, transmits, shows, or exhibits any 234 obscene material, as described in s. 847.0133, or presents live 235 entertainment or a motion picture, slide, or other exhibit that, 236 in whole or in part, depicts nudity, sexual conduct, sexual 237 excitement, sexual battery, sexual bestiality, or 238 sadomasochistic abuse and that is harmful to minors, as 239 described in s. 847.001, may not be located within 2,500 feet of 240 the real property that comprises a public or private elementary 241 school, middle school, or secondary school unless the county or 242 municipality approves the location under proceedings as provided 243 in s. 125.66(5) for counties or s. 166.041(3)(c) for 244 municipalities. 245 Section 5. For the purpose of incorporating the amendment 246 made by this act to section 847.001, Florida Statutes, in 247 references thereto, subsections (2) and (3) of section 847.0138, 248 Florida Statutes, are reenacted to read: 249 847.0138 Transmission of material harmful to minors to a 250 minor by electronic device or equipment prohibited; penalties.— 251 (2) Notwithstanding ss. 847.012 and 847.0133, any person 252 who knew or believed that he or she was transmitting an image, 253 information, or data that is harmful to minors, as defined in s. 254 847.001, to a specific individual known by the defendant to be a 255 minor commits a felony of the third degree, punishable as 256 provided in s. 775.082, s. 775.083, or s. 775.084. 257 (3) Notwithstanding ss. 847.012 and 847.0133, any person in 258 any jurisdiction other than this state who knew or believed that 259 he or she was transmitting an image, information, or data that 260 is harmful to minors, as defined in s. 847.001, to a specific 261 individual known by the defendant to be a minor commits a felony 262 of the third degree, punishable as provided in s. 775.082, s. 263 775.083, or s. 775.084. 264 265 The provisions of this section do not apply to subscription 266 based transmissions such as list servers. 267 Section 6. For the purpose of incorporating the amendment 268 made by this act to section 847.001, Florida Statutes, in a 269 reference thereto, subsection (1) of section 847.0141, Florida 270 Statutes, is reenacted to read: 271 847.0141 Sexting; prohibited acts; penalties.— 272 (1) A minor commits the offense of sexting if he or she 273 knowingly: 274 (a) Uses a computer, or any other device capable of 275 electronic data transmission or distribution, to transmit or 276 distribute to another minor any photograph or video of any 277 person which depicts nudity, as defined in s. 847.001, and is 278 harmful to minors, as defined in s. 847.001. 279 (b) Possesses a photograph or video of any person that was 280 transmitted or distributed by another minor which depicts 281 nudity, as defined in s. 847.001, and is harmful to minors, as 282 defined in s. 847.001. A minor does not violate this paragraph 283 if all of the following apply: 284 1. The minor did not solicit the photograph or video. 285 2. The minor took reasonable steps to report the photograph 286 or video to the minor’s legal guardian or to a school or law 287 enforcement official. 288 3. The minor did not transmit or distribute the photograph 289 or video to a third party. 290 Section 7. For the purpose of incorporating the amendment 291 made by this act to section 1006.28, Florida Statutes, in a 292 reference thereto, paragraph (c) of subsection (1) of section 293 1014.05, Florida Statutes, is reenacted to read: 294 1014.05 School district notifications on parental rights.— 295 (1) Each district school board shall, in consultation with 296 parents, teachers, and administrators, develop and adopt a 297 policy to promote parental involvement in the public school 298 system. Such policy must include: 299 (c) Procedures, pursuant to s. 1006.28(2)(a)2., for a 300 parent to object to instructional materials and other materials 301 used in the classroom. Such objections may be based on beliefs 302 regarding morality, sex, and religion or the belief that such 303 materials are harmful. For purposes of this section, the term 304 “instructional materials” has the same meaning as in s. 305 1006.29(2) and may include other materials used in the 306 classroom, including workbooks and worksheets, handouts, 307 software, applications, and any digital media made available to 308 students. 309 Section 8. This act shall take effect July 1, 2025.