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 Rules
BILL:           SB 348
INTRODUCER:     Senator Hooper
SUBJECT:        9/11 Heroes Day
DATE:           April 18, 2023                  REVISED:
           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Brown                            Proctor                               MS              Favorable
2. Sabitsch                         Bouck                                 ED              Favorable
3. Brown                            Twogood                               RC              Favorable
  I.    Summary:
        SB 348 establishes and requires the Governor to annually proclaim September 11 as “9/11
        Heroes Day,” to be recognized in the State Capitol and otherwise as the Governor designates. On
        this day, public schools are required to honor those who were harmed or killed in the attacks.
        In addition to public school recognition, annually on September 11 and beginning with the 2023-
        2024 school year, middle school and high school students enrolled in the civics education course
        or the United States Government course must receive at least 45 minutes of instruction on 9/11
        Heroes Day topics involving the history and significance of September 11, 2001.
        If September 11 falls on a day that is other than a school day, the 9/11 Heroes Day will be
        observed on the preceding school day or on a school day that local school authorities designate.
        The bill requires the State Board of Education to adopt revised social studies standards for
        inclusion in the civics education course and the United States Government course, which may
        have an indeterminate, likely insignificant, negative fiscal impact. A fiscal impact is expected to
        be absorbed within existing resources. See Section V. Fiscal Impact Statement.
        The bill provides an effective date of July 1, 2023.
 II.    Present Situation:
        September 11, 2001
        On September 11, 2001, terrorists linked to the group al Qaeda boarded and hijacked four
        airplanes while in flight in the United States. Of the four flights:
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            American Airlines Flight 11, hijacked by five terrorists, originated in Boston, MA, and at
             8:46 a.m., crashed into the North Tower of the World Trade Center, killing all aboard and
             people in the tower;
            United Airlines Flight 175, hijacked by five terrorists, originated in Boston, MA, and at 9:03
             a.m., crashed into the South Tower of the World Trade Center, killing all aboard and people
             in the tower;
            American Airlines Flight 77, hijacked by 5 terrorists, originated in Washington, D.C., and at
             9:37 a.m., crashed into the Pentagon, killing all on board and people in the building; and
            United Airlines Flight 93, hijacked by four terrorists, originated in Newark, NJ, and at 10:03
             a.m., crashed into a field in Shanksville, PA, subsequent to a passenger revolt which aborted
             the hijacker’s intent to crash the plane into the United States Capitol or the White House,
             killing all on board.1
         On September 11, 2001, nearly 3,000 people died as a result of the attacks.2 This number
         includes 343 fatalities from the Fire Department of New York, 37 fatalities from the Port
         Authority Police Department, and 23 fatalities from the New York Police Department.3 Also
         included are the people who died as a result of the attack on the Pentagon.4
         While the attack at the towers caused great casualty, roughly 15,000-16,000 civilians were able
         to escape.5 However, in addition to the people who died on that day, thousands sustained serious
         injury at the World Trade Center site.6 Moreover, due to the crash at the Pentagon, 106 injured
         persons were taken to the hospital.7
         In addition to injuries incurred on that day, reports and tracking of subsequent injuries have
         emerged with time. The World Trade Center Health Program (Program), through the Centers for
         Disease Control and Prevention, is federally funded to provide monitoring and treatment of long-
         term conditions caused by the events of September 11, 2001. Those directly affected by the
         attacks in New York, the Pentagon, and Shanksville, PA, are eligible to apply. 8
1
  9/11 Commission, The 9/11 Commission Report, available at https://www.9-11commission.gov/report/911Report.pdf (last
visited Feb. 21, 2023).
2
  9/11 Memorial and Museum, Commemoration, available at
https://www.911memorial.org/connect/commemoration/September-11-2001 (last visited Feb. 22, 2023).
3
  9/11 Commission, supra note 1.
4
  9/11 Commission, supra note 1, at 314.
5
  The National Institute of Standards and Technology estimated that between 16,400 and 18,800 civilians were in the World
Trade Center complex as of 8:46 a.m. on September 11. Of these, at most 2,152 civilians who were not airplane passengers or
volunteer responders perished. Id. at 316.
6
  Melanie H. Jacobson, et al., BMC, Part of Springer Nature, Conducting a Study to Assess the Long-term Impacts of Injury
after 9/11: Participation, Recall, and Description, Injury Epidemiology 6, Art. 8, (2019) (last visited Feb. 22, 2023). Injuries
reported most often occurred while descending stairs or from being hit by a falling object.
7
  Office of the Secretary of Defense, Department of Defense, Pentagon 9/11, available at
https://history.defense.gov/Portals/70/Documents/pentagon/Pentagon9-11.pdf (last visited Feb. 22, 2023).
8
  National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention in the U.S. Dep’t of
Health and Human Services, 9/11 World Trade Center Health Program, available at
https://www.cdc.gov/wtc/about.html#:~:text=The%20Program%20provides%20no%2Dcost,%2C%20and%20in%20Shanksv
ille%2C%20Pennsylvania (last visited Feb. 22, 2023).
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         The Program accepts as participants those who:
          Served as first responders to provide rescue, recovery, debris cleanup, and related support on
            or in the aftermath of the events of September 11, 2001, at certain times through July 31,
            2022;
          Were present in the dust or dust cloud on September 11, 2001; or
          Worked, resided, or attended school, childcare, or adult daycare in the New York City
            disaster area from September 11, 2001 to July 31, 2002.9
         As of September 10, 2021, 4,627 Program participants have perished since September 11, 2001,
         more than who died on the day of the attacks. Still, participation in the Program is voluntary and
         only 112,000 are members, while the actual tally of all first responders, not including survivors,
         is estimated to be 410,000. Presumably, connected deaths also exist among those who sustained
         exposure but did not participate in the Program.10 To date, researchers have identified more than
         60 types of cancer and two dozen other conditions, including lung- and respiratory-related,
         causally connected to Ground Zero exposure through toxins and dust.11 Most recently uterine
         cancer, as of January 18, 2023, has been added to the list of covered conditions in the Program.12
         Memorials held since September 11, 2001, have commended and deemed heroic the actions of
         helpers during all phases of the attacks, namely for the calm demeanor and direct reporting to
         airline headquarters by the flight attendants, the messaging and phone calls from the passengers
         that created a record, the revolt by the passengers on Flight 93, and the considerable effort by
         first responders13, civilians trapped in the towers who helped others, medical responders, and
         volunteers.14
         Holidays and Special Observance Days
         Examples of legal holidays are New Year’s Day (January 1), Memorial Day (the last Monday in
         May), Independence Day (July 4), Labor Day (the first Monday in September), Veterans’ Day
         (November 11), Thanksgiving Day (the fourth Thursday in November), and Christmas Day
         (December 25).15 In addition to legal holidays, special observances are recognized and observed
9
  National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention in the U.S. Dep’t of
Health and Human Services, 9/11 World Trade Center Health Program, available at
https://www.cdc.gov/wtc/about.html#:~:text=The%20Program%20provides%20no%2Dcost,%2C%20and%20in%20Shanksv
ille%2C%20Pennsylvania (last visited Feb. 22, 2023).
10
   Id.
11
   Id.
12
   National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention in the U.S. Dep’t of
Health and Human Services, 9/11 World Trade Center Health Program, Uterine Cancer Added to the List of World Trade
Center (WTC)-Related Health Conditions, available at https://www.cdc.gov/wtc/uterineCancer_20230118.html (last visited
Feb. 22, 2023).
13
   Just after the first crash at the World Trade Center, responding firefighters opted to pursue a rescue rather than a
firefighting operation. “They did know that the explosion had been large enough to send down a fireball that blew out
elevators and windows in the lobby and that conditions were so dire that some civilians on upper floors were jumping or
falling from the building. According to Division Chief for Lower Manhattan Peter Hayden, ‘We had a very strong sense we
would lose firefighters and that we were in deep trouble, but we had estimates of 25,000 to 50,000 civilians, and we had to
try to rescue them.’” 9/11 Commission, supra note 1, at 290.
14
   9/11 Commission, supra note 1.
15
   Section 683.01, F.S.
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         by the state. Special observance days include Law Enforcement Memorial Day16, Arbor Day17,
         and Bill of Rights Day18. While some special observance days encourage recognition in the
         public schools, others such as the Victims of Communism Day mandate 45 minutes of
         instruction for high school students enrolled in a required government course.19
         Required Social Studies Courses
         Students in middle school must take, for middles grades promotion, courses in social studies,
         including a one-semester civics education course that includes roles and responsibilities of
         federal, state, and local government; structures and functions of each branch of government; and
         the meaning and significance of historic documents.20
         Students in high school must take, for high school graduation, courses in social studies, including
         a one-half credit course in United States Government, which must include a comparative
         discussion of political ideology, such as communism and totalitarianism, that conflict with the
         principles of freedom and democracy central to the founding principles of the United States.21
III.     Effect of Proposed Changes:
         SB 348 establishes and requires the Governor to annually proclaim September 11 as “9/11
         Heroes Day,” to be recognized in the State Capitol and otherwise as the Governor designates. On
         this day, public schools are required to honor those who were harmed or killed in the attacks,
         including the:
          2,763 people who died at the World Trade Center;
          189 people who died at the Pentagon;
          44 people who died on United Airlines Flight 93; and
          25,000 people who were injured or who died from injuries on or after the date of the attacks.
         In addition to public school recognition, annually on September 11 and beginning with the 2023-
         2024 school year, middle school and high school students enrolled in the civics education course
         or the United States Government course must receive at least 45 minutes of instruction on 9/11
         Heroes Day topics involving the history and significance of September 11, 2001. Instruction
         must cover the sacrifices of military personnel, government employees, civilians, and emergency
         responders who were killed, wounded, or suffered sickness due to the terrorist attacks on or after
         September 11, 2001. Specific instruction must include:
          The historical context of global terrorism;
          A timeline of events on September 11, 2001, including the attacks on the World Trade
             Center, the Pentagon, and United Airlines Flight 93;
          The selfless heroism of police officers, firefighters, paramedics, other first responders, and
             civilians involved in the rescue and recovery of victims and the heroic actions taken by the
             passengers of United Airlines Flight 93;
16
   Section 683.115, F.S.
17
   Section 683.04, F.S.
18
   Section 683.25, F.S.
19
   Section 683.334, F.S.
20
   Section 1003.4156(1)(c), F.S.
21
   Section 1003.4282(3)(d), F.S.
BILL:   SB 348                                                                                      Page 5
             The unprecedented outpouring of humanitarian, charitable, and volunteer aid occurring after
              9/11; and
             The global response to terrorism and the importance of respecting civil liberties, while
              ensuring safety and security.
         If September 11 falls on a day that is other than a school day, the 9/11 Heroes Day will be
         observed on the preceding school day or on a school day that local school authorities designate.
         The bill requires the State Board of Education to adopt revised social studies standards for
         inclusion in the civics education course and the United States Government course, which may
         have an indeterminate, likely insignificant, negative fiscal impact. The Department of Education
         expects this fiscal impact to be absorbed within existing resources.
         The bill takes effect July 1, 2023.
IV.      Constitutional Issues:
         A.      Municipality/County Mandates Restrictions:
                 None.
         B.      Public Records/Open Meetings Issues:
                 None.
         C.      Trust Funds Restrictions:
                 None.
         D.      State Tax or Fee Increases:
                 None.
         E.      Other Constitutional Issues:
                 None identified.
V.       Fiscal Impact Statement:
         A.      Tax/Fee Issues:
                 None.
         B.      Private Sector Impact:
                 None.
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          C.       Government Sector Impact:
                   The bill requires the State Board of Education to adopt revised social studies standards
                   for inclusion in the civics education course and the United States Government course,
                   which may have an indeterminate, likely insignificant, negative fiscal impact. The
                   Department of Education expects this fiscal impact to be absorbed within existing
                   resources.22
 VI.      Technical Deficiencies:
          None.
VII.      Related Issues:
          The instruction required by the bill begins on September 11, 2023, in civics education and
          United States Government classes, using content from revised social studies standards which
          must be approved by the State Board of Education. It is questionable whether the time frame for
          the creation and approval through SBE rulemaking of revised standards is sufficient to meet that
          deadline for instruction.
VIII.     Statutes Affected:
          This bill creates section 683.335 of the Florida Statutes.
 IX.      Additional Information:
          A.       Committee Substitute – Statement of Changes:
                   (Summarizing differences between the Committee Substitute and the prior version of the bill.)
                   None.
          B.       Amendments:
                   None.
           This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
 22
   Telephone conversation with Cory Dowd, Legislative Affairs Director, Department of Education, Tallahassee, FL
 (February 28, 2023).