Bill Text: FL S0410 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reproductive Health and Disease Education
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 545 (Ch. 2021-69) [S0410 Detail]
Download: Florida-2021-S0410-Introduced.html
Bill Title: Reproductive Health and Disease Education
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 545 (Ch. 2021-69) [S0410 Detail]
Download: Florida-2021-S0410-Introduced.html
Florida Senate - 2021 SB 410 By Senator Rodriguez 39-00282-21 2021410__ 1 A bill to be entitled 2 An act relating to materials harmful to minors; 3 amending s. 847.001, F.S.; revising the definitions of 4 the terms “child pornography,” “harmful to minors,” 5 “obscene,” and “person”; amending s. 847.012, F.S.; 6 prohibiting a person from selling or renting specified 7 materials to a minor for monetary consideration; 8 prohibiting a person from loaning specified materials 9 to a minor for any reason; requiring school districts 10 to proactively remove specified materials; requiring 11 school districts to remove such materials independent 12 of a parent or resident complaint; amending s. 13 1002.20, F.S.; providing that a public school student 14 may be exposed to certain teaching only in accordance 15 with a specified procedure; making a technical change; 16 amending s. 1003.42, F.S.; requiring school districts 17 or specified schools to notify and request the written 18 consent of parents before the teaching of reproductive 19 health or any sexually transmitted disease; 20 prohibiting schools from allowing students to be 21 exposed to such teaching without the written consent 22 of their parent; prohibiting a student whose parent 23 does not give such written consent from being 24 penalized; amending s. 1006.28, F.S.; adding certain 25 materials to the policy district school boards are 26 required to adopt which allows certain objections from 27 parents or county residents; requiring district school 28 boards to annually review specified materials and 29 immediately discontinue the use of any found to be 30 inappropriate or unsuitable, regardless of whether a 31 complaint was received; authorizing a student’s parent 32 or a county resident to contest on specified grounds a 33 district school board’s adoption of certain 34 instructional material; specifying a certain petition 35 to be filed and the form required for the filing; 36 requiring the school board to make the form available 37 to the public and to publish the form on the school 38 district’s website; requiring the school board to 39 grant the petition or refer the matter to a hearing 40 within a certain timeframe; providing that an 41 administrative law judge has final order authority to 42 rule on the petition; providing for the award of 43 attorney fees and costs under certain circumstances; 44 reenacting ss. 92.561(1) and 288.1254(1)(b) and (j), 45 F.S., relating to the prohibition against reproducing 46 child pornography and the exclusion of obscene content 47 under the entertainment industry financial incentive 48 program, respectively, to incorporate the amendments 49 made to s. 847.001, F.S., in references thereto; 50 providing effective dates. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. Effective October 1, 2021, subsections (3), (6), 55 (10), and (11) of section 847.001, Florida Statutes, are amended 56 to read: 57 847.001 Definitions.—As used in this chapter, the term: 58 (3) “Child pornography” means any image depicting or text 59 describing a minor engaged in sexual conduct. 60 (6) “Harmful to minors” means any reproduction, imitation, 61 characterization, description, exhibition, presentation, or 62 representation, of whatever kind or form, depicting nudity, 63 sexual conduct, or sexual excitement when it: 64 (a) Predominantly appeals to a prurient, shameful, or 65 morbid interest; and 66 (b) Is patently offensive to prevailing standards for 67 minors in the adult community as a whole with respect to what is 68 suitable material or conductfor minors; and69(c) Taken as a whole, is without serious literary,70artistic, political, or scientific value for minors. 71 72A mother’s breastfeeding of her baby is not under any73circumstance “harmful to minors.”74 (10) “Obscene” means the status of materials thatmaterial75which: 76 (a)1. The average person, applying contemporary community 77 standards, would find, taken as a whole, appeals to the prurient 78 interest; 79 2.(b)Depicts or describes, in a patently offensive way, 80 sexual conduct as specifically defined herein; and 81 3.(c)Taken as a whole, lacks serious literary, artistic, 82 political, or scientific value; or 83 (b)1. The average person, applying contemporary community 84 standards for appropriate materials for minors, would object to 85 as depicting or describing, in a patently offensive way, sexual 86 conduct as defined herein which is harmful to minors; and 87 2. Taken as a whole, lacks serious literary, artistic, 88 political, or scientific value for minors. 89 90 A mother’s breastfeeding of her baby is not under any 91 circumstance “obscene.” 92 (11) “Person” includes individuals, minorschildren, firms, 93 associations, joint ventures, partnerships, estates, trusts, 94 business trusts, syndicates, fiduciaries, corporations, and all 95 other groups or combinations. 96 Section 2. Effective October 1, 2021, section 847.012, 97 Florida Statutes, is amended to read: 98 847.012 Harmful materials; sale or distribution to minors 99 or using minors in production prohibited; use in public schools 100 prohibited; penalty.— 101 (1) As used in this section, “knowingly” means having the 102 general knowledge of, reason to know, or a belief or ground for 103 belief which warrants further inspection or inquiry of both: 104 (a) The character and content of any material described in 105 this section which is reasonably susceptible of examination by 106 the defendant; and 107 (b) The age of the minor. 108 (2) A person’s ignorance of a minor’s age, a minor’s 109 misrepresentation of his or her age, a bona fide belief of a 110 minor’s age, or a minor’s consent may not be raised as a defense 111 in a prosecution for a violation of this section. 112 (3) A person may not knowingly sell or,rent for monetary 113 consideration,or loan for any reasonmonetary considerationto 114 a minor: 115 (a) Any picture, photograph, drawing, sculpture, motion 116 picture film, videocassette, or similar visual representation or 117 image of a person or portion of the human body which depicts 118 nudity or sexual conduct, sexual excitement, sexual battery, 119 bestiality, or sadomasochistic abuse and which is harmful to 120 minors;or121 (b) Any book, pamphlet, magazine, printed matter however 122 reproduced, or sound recording that contains any matter defined 123 in s. 847.001, explicit and detailed verbal descriptions or 124 narrative accounts of sexual excitement, or sexual conduct and 125 that is harmful to minors; or 126 (c) Any material used in a public K-12 school classroom, 127 made available in a public K-12 school library, or included on a 128 public K-12 school recommended reading list which contains 129 obscene content or is harmful to minors or is prohibited as 130 conduct inappropriate for minors. Such materials are not 131 acceptable and the school district shall proactively remove all 132 such materials. If the district school board finds that any 133 instructional material, including any materials used in the 134 classroom or assigned or offered as reading material, violates 135 this section, the material shall be proactively removed. This 136 required action is not dependent on a parent or resident 137 complaint. 138 (4) A person may not knowingly use a minor in the 139 production of any material described in subsection (3), 140 regardless of whether the material is intended for distribution 141 to minors or is actually distributed to minors. 142 (5) An adult may not knowingly distribute to a minor on 143 school property, or post on school property, any material 144 described in subsection (3). As used in this subsection, the 145 term “school property” means the grounds or facility of any 146 kindergarten, elementary school, middle school, junior high 147 school, or secondary school, whether public or nonpublic. This 148 subsection does not apply to the distribution or posting of 149 school-approved instructional materials that by design serve as 150 a major tool for assisting in the instruction of a subject or 151 course by school officers, instructional personnel, 152 administrative personnel, school volunteers, educational support 153 employees, or managers as those terms are defined in s. 1012.01. 154 (6) Any person violating any provision of this section 155 commits a felony of the third degree, punishable as provided in 156 s. 775.082, s. 775.083, or s. 775.084. 157 (7) Every act, thing, or transaction forbidden by this 158 section constitutes a separate offense and is punishable as 159 such. 160 (8)(a) The circuit court has jurisdiction to enjoin a 161 violation of this section upon complaint filed by the state 162 attorney in the name of the state upon the relation of such 163 state attorney. 164 (b) After the filing of such a complaint, the judge to whom 165 it is presented may grant an order restraining the person 166 complained of until final hearing or further order of the court. 167 Whenever the relator state attorney requests a judge of such 168 court to set a hearing upon an application for a restraining 169 order, the judge shall set the hearing for a time within 3 days 170 after the making of the request. The order may not be made 171 unless the judge is satisfied that sufficient notice of the 172 application therefor has been given to the party restrained of 173 the time when and place where the application for the 174 restraining order is to be made. 175 (c) The person sought to be enjoined is entitled to a trial 176 of the issues within 1 day after joinder of issue, and a 177 decision shall be rendered by the court within 2 days after the 178 conclusion of the trial. 179 (d) If a final decree of injunction is entered, it must 180 contain a provision directing the defendant having the 181 possession, custody, or control of the materials, matters, 182 articles, or things affected by the injunction to surrender the 183 same to the sheriff and requiring the sheriff to seize and 184 destroy the same. The sheriff shall file a certificate of her or 185 his compliance. 186 (e) In any action brought as provided in this section, a 187 bond or undertaking may not be required of the state or the 188 state attorney before the issuance of a restraining order 189 provided for by paragraph (b), and the state or the state 190 attorney may not be held liable for costs or for damages 191 sustained by reason of the restraining order in any case where a 192 final decree is rendered in favor of the person sought to be 193 enjoined. 194 (f) Every person who has possession, custody, or control 195 of, or otherwise deals with, any of the materials, matters, 196 articles, or things described in this section, after the service 197 upon her or him of a summons and complaint in an action for 198 injunction brought under this section, is chargeable with 199 knowledge of the contents and character thereof. 200 (9) The several sheriffs and state attorneys shall 201 vigorously enforce this section within their respective 202 jurisdictions. 203 (10) This section does not apply to the exhibition of 204 motion pictures, shows, presentations, or other representations 205 regulated under s. 847.013. 206 Section 3. Paragraph (d) of subsection (3) of section 207 1002.20, Florida Statutes, is amended to read: 208 1002.20 K-12 student and parent rights.—Parents of public 209 school students must receive accurate and timely information 210 regarding their child’s academic progress and must be informed 211 of ways they can help their child to succeed in school. K-12 212 students and their parents are afforded numerous statutory 213 rights including, but not limited to, the following: 214 (3) HEALTH ISSUES.— 215 (d) Reproductive health and disease education.—A public 216 school studentwhose parent makes written request to the school217principal shall be exempted frommay be exposed to the teaching 218 of reproductive health or any sexually transmitted disease, 219 including HIV/AIDS, only in accordance withthe provisions ofs. 220 1003.42(3). 221 Section 4. Subsection (3) of section 1003.42, Florida 222 Statutes, is amended to read: 223 1003.42 Required instruction.— 224 (3) School districts, or schools as defined in s. 225 1003.01(2), shall notify and request the written consent of 226 parents at least 10 instructional days beforeAnystudent whose227parent makes written request to the school principal shall be228exemptedfromthe teaching of reproductive health or any 229 sexually transmitted disease, including HIV/AIDS,and its 230 symptoms, development, and treatment. A school may not allow a 231 student to be exposed to such teaching without the prior written 232 consent of his or her parent. A student whose parent does not 233 give written consent for such teachingso exemptedmay not be 234 penalized by reason of that withholding of consentexemption. 235 Course descriptions for comprehensive health education mayshall236 not interfere with the local determination of appropriate 237 curriculum which reflects local values and concerns. 238 Section 5. Paragraph (a) of subsection (2) of section 239 1006.28, Florida Statutes, is amended to read: 240 1006.28 Duties of district school board, district school 241 superintendent; and school principal regarding K-12 242 instructional materials.— 243 (2) DISTRICT SCHOOL BOARD.—The district school board has 244 the constitutional duty and responsibility to select and provide 245 adequate instructional materials for all students in accordance 246 with the requirements of this part. The district school board 247 also has the following specific duties and responsibilities: 248 (a) Courses of study; adoption.—Adopt courses of study, 249 including instructional materials, for use in the schools of the 250 district. 251 1. Each district school board is responsible for the 252 content of all instructional materials and any other materials 253 used in a classroom, made available in a school library, or 254 included on a reading list, whether adopted and purchased from 255 the state-adopted instructional materials list, adopted and 256 purchased through a district instructional materials program 257 under s. 1006.283, or otherwise purchased or made available. 258 Each district school board shall maintain on its website a 259 current list of instructional materials, by grade level, 260 purchased by the district. 261 2. Each district school board must adopt a policy regarding 262 an objection by a parent or a resident of the county to the use 263 of a specific instructional material, which clearly describes a 264 process to handle all objections and provides for resolution. 265 The process must provide the parent or resident the opportunity 266 to proffer evidence to the district school board that: 267 a. An instructional material does not meet the criteria of 268 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 269 a course or otherwise made available to students in the school 270 district but was not subject to the public notice, review, 271 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 272 and 11. 273 b. Any material used in a classroom, made available in a 274 school library, or included on a reading list contains content 275 that constitutes child pornography, is harmful to minors, or is 276 obscene, as those terms are defined in s. 847.001, is 277 pornographic or prohibited under s. 847.012, is not suited to 278 student needs and their ability to comprehend the material 279 presented, or is inappropriate for the grade level and age group 280 for which the material is used. 281 282 By July 1, 2022, and each July 1 thereafter, district school 283 boards shall complete a review of all instructional material 284 used in a public K-12 school classroom, made available in a 285 public K-12 school library, or included on a public K-12 school 286 reading list within the district. If the district school board 287 finds that an instructional material does not meet the criteria 288 under sub-subparagraph a. or that any other material contains 289 prohibited content under sub-subparagraph b., the school 290 district shall immediately discontinue use of the material for 291 any grade level or age group for which such use is inappropriate 292 or unsuitable, regardless of whether the district school board 293 has received any complaint about the material. 294 3. Each district school board must establish a process by 295 which the parent of a public school student or a resident of the 296 county may contest the district school board’s adoption of a 297 specific instructional material. The parent or resident must 298 file a petition, on a form provided by the school board, within 299 30 calendar days after the adoption of the material by the 300 school board. The school board must make the form available to 301 the public and publish the form on the school district’s 302 website. The form must be signed by the parent or resident, 303 include the required contact information, and state the 304 objection to the instructional material based on the criteria of 305 s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days after the 30 306 day period has expired, the school board must, for all petitions 307 timely received, conduct at least one open public hearing before 308 an unbiased and qualified hearing officer. The hearing officer 309 may not be an employee or agent of the school district. The 310 hearing is not subject tothe provisions ofchapter 120; 311 however, the hearing must provide sufficient procedural 312 protections to allow each petitioner an adequate and fair 313 opportunity to be heard and present evidence to the hearing 314 officer. The school board’s decision after convening a hearing 315 is final and not subject to further petition or review. 316 4. Notwithstanding subparagraph 3., the parent of a public 317 school student or a resident of the county may contest the 318 district school board’s adoption of a specific instructional 319 material at any time before or after the material’s adoption by 320 the district school board on the grounds that the material 321 constitutes child pornography, is harmful to minors, or is 322 obscene, as those terms are defined in s. 847.001, or is 323 pornographic or prohibited under s. 847.012. The parent or 324 resident must file a petition on a form provided by the school 325 board. The school board shall make the form available to the 326 public and publish the form on the school district’s website. 327 The form must be signed by the parent or resident, include any 328 required contact information, and state the objection to the 329 instructional material, based on the criteria in s. 847.001 or 330 s. 847.012. Within 30 days, the school board must either grant 331 the petition or refer the matter to the Division of 332 Administrative Hearings for a hearing under chapter 120. The 333 administrative law judge has final order authority to rule on 334 the parent or resident’s petition. The administrative law judge 335 shall award a prevailing parent or resident reasonable attorney 336 fees and costs incurred during the administrative proceeding and 337 any appeals. 338 Section 6. For the purpose of incorporating the amendments 339 made by this act to section 847.001, Florida Statutes, in a 340 reference thereto, subsection (1) of section 92.561, Florida 341 Statutes, is reenacted to read: 342 92.561 Prohibition on reproduction of child pornography.— 343 (1) In a criminal proceeding, any property or material that 344 portrays sexual performance by a child as defined in s. 827.071, 345 or constitutes child pornography as defined in s. 847.001, must 346 remain secured or locked in the care, custody, and control of a 347 law enforcement agency, the state attorney, or the court. 348 Section 7. For the purpose of incorporating the amendments 349 made by this act to section 847.001, Florida Statutes, in 350 references thereto, paragraphs (b) and (j) of subsection (1) of 351 section 288.1254, Florida Statutes, are reenacted to read: 352 288.1254 Entertainment industry financial incentive 353 program.— 354 (1) DEFINITIONS.—As used in this section, the term: 355 (b) “Digital media project” means a production of 356 interactive entertainment that is produced for distribution in 357 commercial or educational markets. The term includes a video 358 game or production intended for Internet or wireless 359 distribution, an interactive website, digital animation, and 360 visual effects, including, but not limited to, three-dimensional 361 movie productions and movie conversions. The term does not 362 include a production that contains content that is obscene as 363 defined in s. 847.001. 364 (j) “Qualified production” means a production in this state 365 meeting the requirements of this section. The term does not 366 include a production: 367 1. In which, for the first 2 years of the incentive 368 program, less than 50 percent, and thereafter, less than 60 369 percent, of the positions that make up its production cast and 370 below-the-line production crew, or, in the case of digital media 371 projects, less than 75 percent of such positions, are filled by 372 legal residents of this state, whose residency is demonstrated 373 by a valid Florida driver license or other state-issued 374 identification confirming residency, or students enrolled full 375 time in a film-and-entertainment-related course of study at an 376 institution of higher education in this state; or 377 2. That contains obscene content as defined in s. 378 847.001(10). 379 Section 8. Except as otherwise expressly provided in this 380 act, this act shall take effect July 1, 2021.