The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education
BILL: SB 148
INTRODUCER: Senator Diaz
SUBJECT: Individual Freedom
DATE: January 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick, Palazesi Bouck ED Favorable
2. RC
I. Summary:
SB 148 includes provisions designed to protect individual freedoms and prevent discrimination
in the workplace and in public schools.
The bill specifies that subjecting any individual, as a condition of employment, membership,
certification, licensing, credentialing, or passing an examination, to training, instruction, or any
other required activity that espouses, promotes, advances, inculcates, or compels such individual
to believe certain specified divisive concepts constitutes unlawful discrimination.
The bill defines individual freedoms based on the fundamental truth that all individuals are equal
before the law and have inalienable rights. Accordingly, the bill requires that instruction,
instructional materials, and professional development in public schools be consistent with
principles of individual freedom.
The bill does not have an impact on state revenues or expenditures.
The bill takes effect July 1, 2022.
II. Present Situation:
Unlawful Discrimination in Florida
In 2019, Governor DeSantis reaffirmed the policy of non-discrimination in government
employment and declared it the policy of his administration to prohibit discrimination in
employment based on age, sex, race, color, religion, national origin, marital status, or disability. 1
1
Office of the Governor, Executive Order Number 19-10, Jan. 8, 2019 (Reaffirming Commitment to Diversity in
Government).
BILL: SB 148 Page 2
Unlawful Employment Practices
Employers, employment agencies, labor organizations, and joint labor-management committees
are prohibited from engaging in employment practices that discriminate against individuals
based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.2
Florida Civil Rights Act (Part I, Chapter 760, F.S.)
The Florida Civil Rights Act (FCRA) of 1992 protects persons from discrimination based on
race, color, religion, sex, pregnancy, national origin, age, handicap, and marital status.3 The
FCRA establishes the Florida Commission on Human Relations (the Commission) within the
Department of Management Services.4
The Commission is empowered to receive, initiate, investigate, conciliate, hold hearings, and act
upon complaints alleging discriminatory practices.5 Additionally, the Attorney General may
initiate a civil action for damages, injunctive relief, civil penalties of up to $10,000 per violation,
and other appropriate relief.6
Required Instruction in Public Schools
Each district school board is responsible for providing all courses required for middle grades
promotion, high school graduation, and appropriate instruction designed to ensure that students
meet State Board of Education (SBE) adopted standards in reading and other language arts,
mathematics, science, social studies, foreign languages, health and physical education, and the
arts.7
Public school teachers are required to teach efficiently and faithfully, using the books and
materials required that meet the highest standards for professionalism and historical accuracy,
and employing approved methods of instruction, certain prescribed courses of study, including
health education and character development.8 The SBE is encouraged to adopt standards and
pursue assessment of the requirements for prescribed courses of study and methods of instruction
employed by public school teachers.9
SBE rule regarding required instruction and reporting requires that instruction on the required
topics must be factual and objective, and may not suppress or distort significant historical events,
such as the Holocaust, slavery, the Civil War and Reconstruction, the civil rights movement and
2
See s. 760.10, F.S. Limited exceptions apply in bona-fide scenarios where authorized by law or necessary for the
performance of the particular employment. See s. 760.10(8), F.S.
3
Section 760.01, F.S.
4
Section 760.03-04, F.S.
5
Section 760.06(5), F.S.
6
Section 760.021(1), F.S.
7
Section 1003.42(1), F.S.
8
Section 1003.42(2), F.S. Required instruction includes, for example, the history and content of the Declaration of
Independence, the arguments in support of adopting our republican form of government, flag education, the history of the
Holocaust, the history of African Americans, and kindness to animals. Id. Instructional staff of charter schools are exempt
from the required instruction section of law. Section 1002.33(16), F.S.
9
Section 1003.42(2), F.S.
BILL: SB 148 Page 3
the contributions of women, African American and Hispanic people to our country.10 Examples
of theories that distort historical events and are inconsistent with SBE-approved standards
include the denial or minimization of the Holocaust, and the teaching of Critical Race Theory,
meaning the theory that racism is not merely the product of prejudice, but that racism is
embedded in American society and its legal systems in order to uphold the supremacy of white
persons.11 Instruction may not utilize material from the 1619 Project12 and may not define
American history as something other than the creation of a new nation based largely on universal
principles stated in the Declaration of Independence.13
Health Instruction
Teachers must provide instruction on comprehensive age-appropriate and developmentally
appropriate K-12 health education that addresses concepts of community health, consumer
health, environmental health, and family life, including:14
Mental and emotional health.
Injury prevention and safety.
Internet safety.
Nutrition.
Personal health.
Prevention and control of disease.
Substance use and abuse.
Prevention of child sexual abuse, exploitation, and human trafficking.
For students in grades 7 through 12, a teen dating violence and abuse component.
For students in grades 6 through 12, an awareness of the benefits of sexual abstinence as the
expected standard and the consequences of teenage pregnancy.
Character Development Program
Each district school board is required to adopt or develop a character development program for
students, which must be approved by the Department of Education (DOE).15 The character
development curriculum must stress the qualities of patriotism; responsibility; citizenship;
kindness; respect for authority, life, liberty, and personal property; honesty; charity; self-control;
racial, ethnic, and religious tolerance; and cooperation.16
In addition, the character development curriculum for grades 9 through 12 must, at a minimum,
include instruction on developing leadership skills, interpersonal skills, organization skills, and
10
Rule 6A-1.094124(3)(b), F.A.C.
11
Rule 6A-1.094124(3)(b), F.A.C.
12
The 1619 Project argues that 1619 is the basis for discussing America's founding. In addition, the author asserted that the
Revolutionary War was fought to protect the institution of slavery. Erford, A, The 1619 Project and the Importance of
Historical Significance and Argumentation in the History and Social Studies Classroom (2021), Teaching History: A Journal
of Methods, 46(2), 30+, available at
https://go.gale.com/ps/i.do?p=AONE&u=18551_mcpls&id=GALE|A688507445&v=2.1&it=r&sid=bookmark-
AONE&asid=9b710f88.
13
Rule 6A-1.094124(3)(b), F.A.C.
14
Section 1003.42(2)(n), F.S.
15
Section 1003.42(2)(s), F.S.
16
Section 1003.42(2)(s)1., F.S.
BILL: SB 148 Page 4
research skills; creating a resume, including a digital resume; exploring career pathways; using
state career planning resources; developing and practicing the skills necessary for employment
interviews; conflict resolution, workplace ethics, and workplace law; managing stress and
expectations; and developing skills that enable students to become more resilient and self-
motivated.17
The character development curriculum for grades 11 and 12 must include instruction on voting
using the uniform primary and general election ballot.18
A character development program that incorporates the values of the recipients of the
Congressional Medal of Honor and that is offered as part of a social studies, English Language
Arts, or other schoolwide character building and veteran awareness initiative satisfies the
requirements of the character development curriculum.19
Public School Instructional Materials
Adoption of State Instructional Materials
At the state level, the Commissioner of Education (commissioner) adopts instructional materials
according to a five-year rotating schedule.20 The SBE adopts the rules for the DOE to evaluate
instructional materials submitted by publishers and manufacturers in each adoption.21 The
commissioner must determine annually the areas in which instructional materials will be
submitted for adoption and the number of titles in each area.22 The commissioner must appoint
three state or national experts in the content areas submitted for adoption to review the
instructional materials.23
Adoption of School District Instructional Materials
At the school district level, the district school board has the constitutional duty and responsibility
to select and provide adequate instructional materials for all students.24 The school board must
provide adequate instructional materials for its students, ensure the materials are consistent with
the district’s educational goals, and ensure the materials meet the objectives and the curriculum
frameworks adopted by the SBE.25
The district school board is authorized to implement an instructional materials program that
includes the review, recommendation, adoption, and purchase of materials.26 The district school
board may utilize the state-adopted instructional materials list or instructional materials adopted
through the district instructional materials program.27 Additionally, the district school
17
Section 1003.42(2)(s)2., F.S.
18
Section 1003.42(2)(s)3., F.S.
19
Section 1003.42(2), F.S.
20
Section 1006.36(1), F.S.
21
Section 1006.34(1), F.S.; Rule 6A-7.0710, F.A.C.
22
Section 1006.29(1)(a), F.S.
23
Section 1006.29(1)(b), F.S.
24
Section 1006.28(2)
25
Section 1006.28(1) and 1001.03(1), F.S.
26
Section 1006.283(1).
27
Section 1006.28(2)(a)1., F.S.
BILL: SB 148 Page 5
superintendent must certify to the DOE on an annual basis that all instructional materials for core
courses used by the district are aligned with applicable state standards.28
Requirements for Review of Instructional Materials
Reviewers of instructional materials may recommend for adoption only instructional materials
aligned with state educational standards.29 In addition, reviewers must consider:30
The age of the students who normally could be expected to have access to the material.
The educational purpose to be served by the material.
The degree to which the material would be supplemented and explained by mature classroom
instruction as part of a normal classroom instructional program.
The consideration of the broad racial, ethnic, socioeconomic, and cultural diversity of the
students.
Instructional materials recommended by each reviewer must be, to the satisfaction of each
reviewer, accurate, objective, balanced, noninflammatory, current, free of pornography and other
prohibited materials,31 and suited to student needs and their ability to comprehend the material
presented.32 Reviewers must consider for recommendation materials developed for academically
talented students, such as students enrolled in advanced placement courses.33
A reviewer may not recommend any instructional materials that contain any matter reflecting
unfairly upon persons because of their race, color, creed, national origin, ancestry, gender,
religion, disability, socioeconomic status, or occupation.34 When recommending instructional
materials, each reviewer must:35
Include only instructional materials that accurately portray the ethnic, socioeconomic,
cultural, religious, physical, and racial diversity of our society, including men and women in
professional, career, and executive roles, and the role and contributions of the entrepreneur
and labor in the total development of this state and the United States.
Include only materials that accurately portray, whenever appropriate, humankind’s place in
ecological systems, including the necessity for the protection of our environment and
conservation of our natural resources and the effects on the human system of the use of
tobacco, alcohol, controlled substances, and other dangerous substances.
Include materials that encourage thrift, fire prevention, and humane treatment of people and
animals.
Require, when appropriate to the comprehension of students, that materials for social science,
history, or civics classes contain the Declaration of Independence and the Constitution of the
United States.
28
Section 1006.283(1), F.S.
29
Section 1006.31(2), F.S.
30
Sections 1006.31(2) and 1006.34(2)(b), F.S.
31
Section 847.012, F.S., lists materials that are prohibited from distribution to minors.
32
Section 1006.31(2), F.S.
33
Section 1006.31(2), F.S.
34
Section 1006.31(2)(d), F.S.
35
Section 1006.31(2), F.S.
BILL: SB 148 Page 6
School Community Professional Development Act
Each district school board is required to develop a professional development system that
supports and increases the success of educators through collaboratively developed school
improvement plans.36 The system must be developed in consultation with teachers, teacher-
educators of Florida College System institutions and state universities, business and community
representatives, and local education foundations, consortia, and professional organizations, and
be approved by the DOE.37
Requirements Related to Specified Divisive Ideas or Concepts
White House Executive Order
In 2020, President Trump issued an Executive Order prohibiting divisive concepts, race or sex
stereotyping, and race or sex scapegoating in the Executive Branch. The order defined divisive
concepts as concepts that:38
One race or sex is inherently superior to another race or sex.
The United States is fundamentally racist or sexist.
An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously.
An individual should be discriminated against or receive adverse treatment solely or partly
because of his or her race or sex.
Members of one race or sex cannot and should not attempt to treat others without respect to
race or sex.
An individual's moral character is necessarily determined by his or her race or sex.
An individual, by virtue of his or her race or sex, bears responsibility for actions committed
in the past by other members of the same race or sex.
Any individual should feel discomfort, guilt, anguish, or any other form of psychological
distress on account of his or her race or sex.
Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a
particular race to oppress another race.
Promote race or sex stereotyping, which means ascribing character traits, values, moral and
ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his
or her race or sex.
Promote race or sex scapegoating, which means assigning fault, blame, or bias to a race or
sex, or to members of a race or sex because of their race or sex. It similarly encompasses any
claim that, consciously or unconsciously, and by virtue