Florida Senate - 2026                                   SJR 1104
       
       
        
       By Senator Massullo
       
       
       
       
       
       11-01467-26                                           20261104__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         33 of Article X of the State Constitution to provide
    4         protection from discrimination for student and school
    5         personnel religious expression in public schools.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9  That the following creation of Section 33 of Article X of the
   10  State Constitution is agreed to and shall be submitted to the
   11  electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                              ARTICLE X                            
   15                            MISCELLANEOUS                          
   16         SECTION 33. Religious expression in public schools.—
   17         (a) A school district may not discriminate against a
   18  student, a parent, or school personnel on the basis of a
   19  religious viewpoint or religious expression. A school district
   20  shall treat a student’s voluntary expression of a religious
   21  viewpoint on an otherwise permissible subject in the same manner
   22  that the school district treats a student’s voluntary expression
   23  of a secular viewpoint.
   24         (b) A public school must allow:
   25         (1) A student to express his or her religious beliefs in
   26  coursework, artwork, and other written and oral assignments free
   27  from discrimination. A student’s homework and classroom
   28  assignments shall be evaluated, regardless of any religious
   29  content, based on expected academic standards relating to the
   30  course curriculum and requirements. A student may not be
   31  penalized or rewarded based on the religious content of his or
   32  her work if the coursework, artwork, or other written or oral
   33  assignment requires a student’s viewpoint to be expressed.
   34         (2) A student to wear clothing, accessories, and jewelry
   35  that display a religious message or symbol in the same manner
   36  and to the same extent that secular types of clothing,
   37  accessories, and jewelry that display messages or symbols are
   38  allowed to be worn.
   39         (3) A student to pray or engage in religious activities or
   40  expression before, during, and after the school day in the same
   41  manner and to the same extent that a student may engage in
   42  secular activities or expression. A student may organize prayer
   43  groups, religious clubs, and other religious gatherings in the
   44  same manner and to the same extent that a student is permitted
   45  to organize secular activities and groups.
   46         (4) School personnel to participate in religious activities
   47  on school grounds which are initiated by students at reasonable
   48  times before or after the school day if such activities are
   49  voluntary and do not conflict with the responsibilities or
   50  assignments of such personnel.
   51         (c) Without supporting or discouraging student prayer, each
   52  public school must require teachers in first-period classrooms
   53  in all grades to set aside at least one minute, but not more
   54  than two minutes, daily for a moment of silence, during which a
   55  student may not interfere with other students’ participation.
   56         (d) Each high school participating in a championship
   57  contest or series of contests must have the opportunity to make
   58  brief opening remarks, if requested by the school, using the
   59  public address system at the event. Remarks may include student
   60  led or school personnel-led prayer, may not be derogatory, rude,
   61  or threatening, and may not be longer than two minutes per
   62  school.
   63         BE IT FURTHER RESOLVED that the following statement be
   64  placed on the ballot:
   65                      CONSTITUTIONAL AMENDMENT                     
   66                        ARTICLE X, SECTION 33                      
   67         PROTECTING RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS.
   68  Proposing an amendment to the State Constitution to provide
   69  protections from discrimination for student and school personnel
   70  religious expression in public schools, including the expression
   71  of religious beliefs in a student’s school work or attire,
   72  prayer, activities and religious expressions, moments of
   73  silence, and opening remarks at high school championship contest
   74  or series of contests.