THE BILL ITSELF
SB 1692
Materials Harmful to Minors
Florida Senate - 2026 SB 1692 By Senator McClain 9-00475-26 20261692__
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A bill to be entitled
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An act relating to materials harmful to minors;
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amending s. 1006.28, F.S.; defining the term “harmful
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to minors”; revising the list of materials used in a
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classroom which are subject to the objection process
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by parents or residents; reenacting s. 1014.05(1)(c),
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F.S., relating to school district notifications on
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parental rights, to incorporate the amendment made to
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s. 1006.28, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) and paragraph (a) of subsection
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(2) of section 1006.28, Florida Statutes, are amended to read:
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1006.28 Duties of district school board, district school
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superintendent; and school principal regarding K-12
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instructional materials.—
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(1) DEFINITIONS.—
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(a) As used in this section, the term:
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1. “Adequate instructional materials” means a sufficient
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number of student or site licenses or sets of materials that are
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available in bound, unbound, kit, or package form and may
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consist of hardbacked or softbacked textbooks, electronic
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content, consumables, learning laboratories, manipulatives,
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electronic media, and computer courseware or software that serve
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as the basis for instruction in the core subject areas of
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mathematics, language arts, social studies, science, reading,
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and literature.
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2. “Harmful to minors” means any reproduction, imitation,
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characterization, description, exhibition, presentation, or
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representation, of whatever kind or form, depicting nudity,
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sexual conduct, or sexual excitement when it:
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a. Predominantly appeals to prurient, shameful, or morbid
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interest; and
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b. Is patently offensive to prevailing standards in the
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adult community as a whole with respect to what is suitable
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material or conduct for minors.
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3. “Instructional materials” has the same meaning as in s.
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1006.29(2).
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4. 3. “Library media center” means any collection of books,
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ebooks, periodicals, or videos maintained and accessible on the
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site of a school, including in classrooms.
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(b) As used in this section and s. 1006.283, the term
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“resident” means a person who has maintained his or her
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residence in this state for the preceding year, has purchased a
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home that is occupied by him or her as his or her residence, or
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has established a domicile in this state pursuant to s. 222.17.
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(c) As used in this section and ss. 1006.283, 1006.32,
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1006.35, 1006.37, 1006.38, 1006.40, and 1006.42, the term
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“purchase” includes purchase, lease, license, and acquire.
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(2) DISTRICT SCHOOL BOARD.—The district school board has
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the constitutional duty and responsibility to select and provide
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adequate instructional materials for all students in accordance
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with the requirements of this part. The district school board
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also has the following specific duties and responsibilities:
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(a) Courses of study; adoption.—Adopt courses of study,
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including instructional materials, for use in the schools of the
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district.
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1. Each district school board is responsible for the
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content of all instructional materials and any other materials
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used in a classroom, made available in a school or classroom
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library, or included on a reading list, whether adopted and
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purchased from the state-adopted instructional materials list,
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adopted and purchased through a district instructional materials
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program under s. 1006.283, or otherwise purchased or made
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available.
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2. Each district school board must adopt a policy regarding
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an objection by a parent or a resident of the county to the use
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of a specific material, which clearly describes a process to
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handle all objections and provides for resolution. The objection
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form, as prescribed by State Board of Education rule, and the
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district school board’s process must be easy to read and
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understand and be easily accessible on the homepage of the
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school district’s website. The objection form must also identify
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the school district point of contact and contact information for
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the submission of an objection. The process must provide the
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parent or resident the opportunity to proffer evidence to the
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district school board that:
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a. An instructional material does not meet the criteria of
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s. 1006.31(2) or s. 1006.40(3)(c) if it was selected for use in
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a course or otherwise made available to students in the school
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district but was not subject to the public notice, review,
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comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
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and 11.
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b. Any material used in a classroom, made available in a
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school or classroom library, or included on a reading list
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contains content which:
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(I) Is pornographic or prohibited under s. 847.012 ;
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(II) Is harmful to minors;
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(III) Depicts or describes sexual conduct as defined in s.
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847.001(19), unless such material is specifically authorized as
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part of a health education course required under s. 1003.46; as
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part of comprehensive health education required under s.
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1003.42(2)(o)1.g. or 3.; or by for a course required by s.
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1003.46 or s. 1003.42(2)(o)1.g. or 3., or identified by State
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Board of Education rule for specific educational purposes ;
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(IV) (III) Is not suited to student needs and their ability
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to comprehend the material presented; or
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(V) (IV) Is inappropriate for the grade level and age group
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for which the material is used.
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A resident of the county who is not the parent or guardian of a
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student with access to school district materials may not object
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to more than one material per month. The State Board of
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Education may adopt rules to implement this provision. Any
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material that is subject to an objection on the basis of sub
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sub-subparagraphs b.(I), (II), and (III) sub-sub-subparagraph
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b.(I) or sub-sub-subparagraph b.(II) must be removed within 5
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school days after receipt of the objection and remain
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unavailable to students of that school until the objection is
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resolved. The school district may not consider potential
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literary, artistic, political, or scientific value as a basis
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for retaining the material if it contains material harmful to
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minors. Parents shall have the right to read passages from any
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material that is subject to an objection. If the school board
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denies a parent the right to read passages due to content that
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meets the requirements under sub-sub-subparagraph b.(I) or sub
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sub-subparagraph b.(II) , the school district shall discontinue
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the use of the material in the school district. If the district
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school board finds that any material meets the requirements
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under sub-subparagraph a. or that any other material contains
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prohibited content under sub-sub-subparagraph b.(I) or sub-sub
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subparagraph b.(II) , the school district shall discontinue use
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of the material. If the district school board finds that any
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other material contains prohibited content under sub-sub
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subparagraphs b.(III), (IV), and (V) b.(II)-(IV) , the school
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district shall discontinue use of the material for any grade
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level or age group for which such use is inappropriate or
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unsuitable. The State Board of Education shall monitor district
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compliance with the requirements of sub-sub-subparagraphs b.(I),
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(II), and (III) through regular audits and reporting. Upon
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finding that a district has failed to comply with these
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requirements, the State Board of Education must provide written
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notice of noncompliance to the district and require the district
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to submit a corrective action plan within 30 days after
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receiving such notice; may withhold the transfer of state funds,
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discretionary grant funds, discretionary lottery funds, or any
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other funds specified by the Legislature until the district
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complies with the requirements; and may impose additional
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sanctions or requirements as conditions for the continued
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receipt of state funds.
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3. Each district school board must establish a process by
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which the parent of a public school student or a resident of the
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county may contest the district school board’s adoption of a
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specific instructional material. The parent or resident must
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file a petition, on a form provided by the school board, within
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30 calendar days after the adoption of the instructional
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material by the school board. The school board must make the
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form available to the public and publish the form on the school
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district’s website. The form must be signed by the parent or
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resident, include the required contact information, and state
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the objection to the instructional material based on the
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criteria of s. 1006.31(2) or s. 1006.40(3)(c). Within 30 days
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after the 30-day period has expired, the school board must, for
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all petitions timely received, conduct at least one open public
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hearing before an unbiased and qualified hearing officer. The
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hearing officer may not be an employee or agent of the school
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district. The hearing is not subject to the provisions of
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chapter 120; however, the hearing must provide sufficient
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procedural protections to allow each petitioner an adequate and
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fair opportunity to be heard and present evidence to the hearing
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officer. The school board’s decision after convening a hearing
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is final and not subject to further petition or review.
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4. Meetings of committees convened for the purpose of
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ranking, eliminating, or selecting instructional materials for
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recommendation to the district school board must be noticed and
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open to the public in accordance with s. 286.011. Any committees
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convened for such purposes must include parents of students who
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will have access to such materials.
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5. Meetings of committees convened for the purpose of
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resolving an objection by a parent or resident to specific
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materials must be noticed and open to the public in accordance
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with s. 286.011. Any committees convened for such purposes must
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include parents of students who will have access to such
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materials.
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6. If a parent disagrees with the determination made by the
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district school board on the objection to the use of a specific
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material, a parent may request the Commissioner of Education to
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appoint a special magistrate who is a member of The Florida Bar
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in good standing and who has at least 5 years’ experience in
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administrative law. The special magistrate shall determine facts
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relating to the school district’s determination, consider
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information provided by the parent and the school district, and
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render a recommended decision for resolution to the State Board
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of Education within 30 days after receipt of the request by the
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parent. The State Board of Education must approve or reject the
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recommended decision at its next regularly scheduled meeting
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that is more than 7 calendar days and no more than 30 days after
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the date the recommended decision is transmitted. The costs of
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the special magistrate shall be borne by the school district.
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The State Board of Education shall adopt rules, including forms,
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necessary to implement this subparagraph.
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 1006.28, Florida Statutes, in a
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reference thereto, paragraph (c) of subsection (1) of section
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1014.05, Florida Statutes, is reenacted to read:
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1014.05 School district notifications on parental rights.—
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(1) Each district school board shall, in consultation with
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parents, teachers, and administrators, develop and adopt a
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policy to promote parental involvement in the public school
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system. Such policy must include:
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(c) Procedures, pursuant to s. 1006.28(2)(a)2., for a
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parent to object to instructional materials and other materials
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used in the classroom. Such objections may be based on beliefs
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regarding morality, sex, and religion or the belief that such
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materials are harmful. For purposes of this section, the term
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“instructional materials” has the same meaning as in s.
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1006.29(2) and may include other materials used in the
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classroom, including workbooks and worksheets, handouts,
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software, applications, and any digital media made available to
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students.
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Section 3. This act shall take effect July 1, 2026.