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 through for a course
  101  required by s. 1003.46 or s. 1003.42(2)(o)1.g. or 3., or
  102  identified by State 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.