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Florida Senate
-
2026
SJR 1104
By
Senator Massullo
11-01467-26 20261104__
1 Senate Joint Resolution
2 A joint resolution proposing the creation of Section
3 33 of Article X of the State Constitution to provide
4 protection from discrimination for student and school
5 personnel religious expression in public schools.
6
7 Be It Resolved by the Legislature of the State of Florida:
8
9 That the following creation of Section 33 of Article X of the
10 State Constitution is agreed to and shall be submitted to the
11 electors of this state for approval or rejection at the next
12 general election or at an earlier special election specifically
13 authorized by law for that purpose:
14 ARTICLE X
15 MISCELLANEOUS
16
SECTION 33.
Religious expression in public schools.—
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(a)
A school district may not discriminate against a
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student, a parent, or school personnel on the basis of a
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religious viewpoint or religious expression. A school district
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shall treat a student’s voluntary expression of a religious
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viewpoint on an otherwise permissible subject in the same manner
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that the school district treats a student’s voluntary expression
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of a secular viewpoint.
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(b)
A public school must allow:
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(1)
A student to express his or her religious beliefs in
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coursework, artwork, and other written and oral assignments free
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from discrimination. A student’s homework and classroom
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assignments shall be evaluated, regardless of any religious
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content, based on expected academic standards relating to the
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course curriculum and requirements. A student may not be
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penalized or rewarded based on the religious content of his or
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her work if the coursework, artwork, or other written or oral
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assignment requires a student’s viewpoint to be expressed.
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(2)
A student to wear clothing, accessories, and jewelry
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that display a religious message or symbol in the same manner
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and to the same extent that secular types of clothing,
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accessories, and jewelry that display messages or symbols are
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allowed to be worn.
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(3)
A student to pray or engage in religious activities or
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expression before, during, and after the school day in the same
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manner and to the same extent that a student may engage in
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secular activities or expression. A student may organize prayer
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groups, religious clubs, and other religious gatherings in the
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same manner and to the same extent that a student is permitted
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to organize secular activities and groups.
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(4)
School personnel to participate in religious activities
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on school grounds which are initiated by students at reasonable
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times before or after the school day if such activities are
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voluntary and do not conflict with the responsibilities or
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assignments of such personnel.
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(c)
Without supporting or discouraging student prayer, each
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public school must require teachers in first-period classrooms
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in all grades to set aside at least one minute, but not more
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than two minutes, daily for a moment of silence, during which a
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student may not interfere with other students’ participation.
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(d)
Each high school participating in a championship
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contest or series of contests must have the opportunity to make
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brief opening remarks, if requested by the school, using the
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public address system at the event. Remarks may include student
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led or school personnel-led prayer, may not be derogatory, rude,
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or threatening, and may not be longer than two minutes per
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school.
63 BE IT FURTHER RESOLVED that the following statement be
64 placed on the ballot:
65 CONSTITUTIONAL AMENDMENT
66 ARTICLE X, SECTION 33
67 PROTECTING RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS.
68 Proposing an amendment to the State Constitution to provide
69 protections from discrimination for student and school personnel
70 religious expression in public schools, including the expression
71 of religious beliefs in a student’s school work or attire,
72 prayer, activities and religious expressions, moments of
73 silence, and opening remarks at high school championship contest
74 or series of contests.