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HB 1119 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to materials harmful to minors; 2
amending s. 1006.28, F.S.; defining the term "harmful 3
to minors"; revising the list of materials used in a 4
classroom which are subject to the objection process 5
by parents or residents; reenacting s. 1014.05(1)(c), 6
F.S., relating to school district notifications on 7
parental rights, to incorporate the amendment made to 8
s. 1006.28, F.S., in a reference thereto; providing an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Subsection (1) and paragraph (a) of subsection 14
(2) of section 1006.28, Florida Statutes, are amended to read: 15
1006.28 Duties of district school board, district school 16
superintendent; and school principal regarding K-12 17
instructional materials.— 18
(1) DEFINITIONS.— 19
(a) As used in this section, the term: 20
1. "Adequate instructional materials" means a sufficient 21
number of student or site licenses or sets of materials that are 22
available in bound, unbound, kit, or package form and may 23
consist of hardbacked or softbacked textbooks, electronic 24
content, consumables, learning laboratories, manipulatives, 25
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electronic media, and computer courseware or software that serve 26
as the basis for instruction in the core subject areas of 27
mathematics, language arts, social studies, science, reading, 28
and literature. 29
2. "Harmful to minors" means any reproduction, imitation, 30
characterization, description, exhibition, presentation, or 31
representation, of whatever kind or form, depicting nudity, 32
sexual conduct, or sexual excitement when it: 33
a. Predominantly appeals to prurient, shameful, or morbid 34
interest; and 35
b. Is patently offensive to prevailing standards in the 36
adult community as a whole with respect to what is suitable 37
material or conduct for minors. 38
3.2. "Instructional materials" has the same meaning as in 39
s. 1006.29(2). 40
4.3. "Library media center" means any collection of books, 41
ebooks, periodicals, or videos maintained and accessible on the 42
site of a school, including in classrooms. 43
(b) As used in this section and s. 1006.283, the term 44
"resident" means a person who has maintained his or her 45
residence in this state for the preceding year, has purchased a 46
home that is occupied by him or her as his or her residence, or 47
has established a domicile in this state pursuant to s. 222.17. 48
(c) As used in this section and ss. 1006.283, 1006.32, 49
1006.35, 1006.37, 1006.38, 1006.40, and 1006.42, the term 50
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"purchase" includes purchase, lease, license, and acquire. 51
(2) DISTRICT SCHOOL BOARD.—The district school board has 52
the constitutional duty and responsibility to select and provide 53
adequate instructional materials for all students in accordance 54
with the requirements of this part. The district school board 55
also has the following specific duties and responsibilities: 56
(a) Courses of study; adoption.—Adopt courses of study, 57
including instructional materials, for use in the schools of the 58
district. 59
1. Each district school board is responsible for the 60
content of all instructional materials and any other materials 61
used in a classroom, made available in a school or classroom 62
library, or included on a reading list, whether adopted and 63
purchased from the state-adopted instructional materials list, 64
adopted and purchased through a district instructional materials 65
program under s. 1006.283, or otherwise purchased or made 66
available. 67
2. Each district school board must adopt a policy 68
regarding an objection by a parent or a resident of the county 69
to the use of a specific material, which clearly describes a 70
process to handle all objections and provides for resolution. 71
The objection form, as prescribed by State Board of Education 72
rule, and the district school board's process must be easy to 73
read and understand and be easily accessible on the homepage of 74
the school district's website. The objection form must also 75
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identify the school district point of contact and contact 76
information for the submission of an objection. The process must 77
provide the parent or resident the opportunity to proffer 78
evidence to the district school board that: 79
a. An instructional material does not meet the criteria of 80
s. 1006.31(2) or s. 1006.40(3)(c) if it was selected for use in 81
a course or otherwise made available to students in the school 82
district but was not subject to the public notice, review, 83
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 84
and 11. 85
b. Any material used in a classroom, made available in a 86
school or classroom library, or included on a reading list 87
contains content which: 88
(I) Is pornographic or prohibited under s. 847.012; 89
(II) Is harmful to minors; 90
(III)(II) Depicts or describes sexual conduct as defined 91
in s. 847.001(19), unless such material is specifically 92
authorized as part of a health education course required under 93
s. 1003.46; as part of comprehensive health education required 94
under s. 1003.42(2)(o)1.g. or 3.; or as approved through for a 95
course required by s. 1003.46 or s. 1003.42(2)(o)1.g. or 3., or 96
identified by State Board of Education rule for specific 97
educational purposes; 98
(IV)(III) Is not suited to student needs and their ability 99
to comprehend the material presented; or 100
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(V)(IV) Is inappropriate for the grade level and age group 101
for which the material is used. 102
103
A resident of the county who is not the parent or guardian of a 104
student with access to school district materials may not object 105
to more than one material per month. The State Board of 106
Education may adopt rules to implement this provision. Any 107
material that is subject to an objection on the basis of sub-108
sub-subparagraphs b.(I)-(III) sub-sub-subparagraph b.(I) or sub-109
sub-subparagraph b.(II) must be removed within 5 school days 110
after receipt of the objection and remain unavailable to 111
students of that school until the objection is resolved. The 112
school district may not consider potential literary, artistic, 113
political, or scientific value as a basis for retaining the 114
material if it contains material harmful to minors. Parents 115
shall have the right to read passages from any material that is 116
subject to an objection. If the school board denies a parent the 117
right to read passages due to content that meets the 118
requirements under sub-sub-subparagraph b.(I) or sub-sub-119
subparagraph b.(II), the school district shall discontinue the 120
use of the material in the school district. If the district 121
school board finds that any material meets the requirements 122
under sub-subparagraph a. or that any other material contains 123
prohibited content under sub-sub-subparagraph b.(I) or sub-sub-124
subparagraph b.(II), the school district shall discontinue use 125
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of the material. If the district school board finds that any 126
other material contains prohibited content under sub-sub-127
subparagraphs b.(III)-(V) b.(II)-(IV), the school district shall 128
discontinue use of the material for any grade level or age group 129
for which such use is inappropriate or unsuitable. The State 130
Board of Education shall monitor district compliance with the 131
requirements of sub-sub-subparagraphs b.(I)-(III) through 132
regular audits and reporting. Upon finding that a district has 133
failed to comply with these requirements, the State Board of 134
Education must provide written notice of noncompliance to the 135
district and require the district to submit a corrective action 136
plan within 30 days after receiving such notice; may withhold 137
the transfer of state funds, discretionary grant funds, 138
discretionary lottery funds, or any other funds specified by the 139
Legislature until the district complies with the requirements; 140
and may impose additional sanctions or requirements as 141
conditions for the continued receipt of state funds. 142
3. Each district school board must establish a process by 143
which the parent of a public school student or a resident of the 144
county may contest the district school board's adoption of a 145
specific instructional material. The parent or resident must 146
file a petition, on a form provided by the school board, within 147
30 calendar days after the adoption of the instructional 148
material by the school board. The school board must make the 149
form available to the public and publish the form on the school 150
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district's website. The form must be signed by the parent or 151
resident, include the required contact information, and state 152
the objection to the instructional material based on the 153
criteria of s. 1006.31(2) or s. 1006.40(3)(c). Within 30 days 154
after the 30-day period has expired, the school board must, for 155
all petitions timely received, conduct at least one open public 156
hearing before an unbiased and qualified hearing officer. The 157
hearing officer may not be an employee or agent of the school 158
district. The hearing is not subject to the provisions of 159
chapter 120; however, the hearing must provide sufficient 160
procedural protections to allow each petitioner an adequate and 161
fair opportunity to be heard and present evidence to the hearing 162
officer. The school board's decision after convening a hearing 163
is final and not subject to further petition or review. 164
4. Meetings of committees convened for the purpose of 165
ranking, eliminating, or selecting instructional materials for 166
recommendation to the district school board must be noticed and 167
open to the public in accordance with s. 286.011. Any committees 168
convened for such purposes must include parents of students who 169
will have access to such materials. 170
5. Meetings of committees convened for the purpose of 171
resolving an objection by a parent or resident to specific 172
materials must be noticed and open to the public in accordance 173
with s. 286.011. Any committees convened for such purposes must 174
include parents of students who will have access to such 175
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materials. 176
6. If a parent disagrees with the determination made by 177
the district school board on the objection to the use of a 178
specific material, a parent may request the Commissioner of 179
Education to appoint a special magistrate who is a member of The 180
Florida Bar in good standing and who has at least 5 years' 181
experience in administrative law. The special magistrate shall 182
determine facts relating to the school district's determination, 183
consider information provided by the parent and the school 184
district, and render a recommended decision for resolution to 185
the State Board of Education within 30 days after receipt of the 186
request by the parent. The State Board of Education must approve 187
or reject the recommended decision at its next regularly 188
scheduled meeting that is more than 7 calendar days and no more 189
than 30 days after the date the recommended decision is 190
transmitted. The costs of the special magistrate shall be borne 191
by the school district. The State Board of Education shall adopt 192
rules, including forms, necessary to implement this 193
subparagraph. 194
Section 2. For the purpose of incorporating the amendment 195
made by this act to section 1006.28, Florida Statutes, in a 196
reference thereto, paragraph (c) of subsection (1) of section 197
1014.05, Florida Statutes, is reenacted to read: 198
1014.05 School district notifications on parental rights.— 199
(1) Each district school board shall, in consultation with 200
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parents, teachers, and administrators, develop and adopt a 201
policy to promote parental involvement in the public school 202
system. Such policy must include: 203
(c) Procedures, pursuant to s. 1006.28(2)(a)2., for a 204
parent to object to instructional materials and other materials 205
used in the classroom. Such objections may be based on beliefs 206
regarding morality, sex, and religion or the belief that such 207
materials are harmful. For purposes of this section, the term 208
"instructional materials" has the same meaning as in s. 209
1006.29(2) and may include other materials used in the 210
classroom, including workbooks and worksheets, handouts, 211
software, applications, and any digital media made available to 212
students. 213
Section 3. This act shall take effect July 1, 2026. 214