Don't Say Gay/Florida

In Florida, "Don't Say Gay" (aka "Don't Say Gay or Trans") is the nickname originally given to Parental Rights in Education, anti-LGBTQIA+ legislation passed by the Florida Legislature in 2022, and to subsequent education bills and Department of Education rules passed in 2023 to expand upon it. Parental Rights in Education (CS/CS/HB 1557) was said to "reinforce the fundamental right of parents to make decisions regarding upbringing & control of their children" and enable them to take legal action against school districts that allegedly violated that right. One of the primary concerns for the LGBTQIA+ community and its allies is how this combination of state laws and education rules restricts the ability of students to learn about sexual orientation or gender identity at any grade level within a public school. Books and other materials with LGBTQ+ content in school libraries or classrooms are increasingly challenged by parents and residents, resulting in book bans. Transgender and non-binary students and school employees are further impacted regarding their correct personal pronouns and titles. Due to a rule implemented in October 2022, teachers are at risk of having their licenses revoked if they allegedly provide instruction on sexual orientation or gender identity.
Supporters claim the "Don't Say Gay" and "Don't Say Gay or Trans" nicknames misrepresent the legislation because their text does not contain the exact words "don't say", "gay", or "trans". Prior to the passage of Parental Rights in Education, they said the goal was only prohibiting specific topics for kindergarten through grade 3 and not restricting them for older students; that the prohibition was on "sexual instruction" and discussion of "sexual activity", specifically in kindergarten through grade 3; and that it did not target LGBTQ+ people. Senator Dennis Baxley, who introduced and sponsored the bill (SB 1834) in the Senate, made clear that it focused on "values" regarding sexual orientation and gender identity, citing his personal concerns that too many students are coming out. Representative Joe Harding and several co-sponsors moved HB 1557 through the House of Representatives, and it was the version that ultimately advanced to become law. Only amendments by the bill's sponsors passed, while all 24 amendments attempted by other representatives and senators to change or clarify the bill's language failed. The laws and rules have strong support from Governor Ron DeSantis, who has an anti-LGBTQ+ record and uses hateful language, particularly anti-trans arguments, when speaking about them. He and others falsely call opponents "groomers" who are "sexualizing" children and accuse them of "injecting woke gender ideology" into classrooms.
Parental Rights in Education was passed by the House of Representatives on February 24 and the Senate on March 8, 2022, then signed into law on March 28 that year. CS/CS/HB 1069 was signed into law on May 17, 2023 and combined language that originated in HB 1069: Education, HB 1223: Public PreK-12 Educational Institution and Instruction Requirements, and SB 1320: Child Protection in Public Schools.
As of July 1, 2023, Florida statutes require by law that in public and charter schools:
:"Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in prekindergarten through grade 8, except when required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction is provided in grades 9 through 12, the instruction must be age-appropriate or developmentally appropriate for students in accordance with state standards."
As of May 23, 2023, the Florida Department of Education has rules mandating that educators:
*"Shall not intentionally provide classroom instruction to students in prekindergarten through grade 3 on sexual orientation or gender identity."
*"Shall not intentionally provide classroom instruction to students in grades 4 through 12 on sexual orientation or gender identity unless such instruction is either expressly required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student's parent has the option to have his or her student not attend."
==Background==
===History of bill sponsors===
Senator Dennis Baxley, who introduced Parental Rights in Education as Senate Bill 1834, has a history of sponsoring and supporting anti-LGBTQIA+ legislation while opposing legislation that promotes LGBTQ+ rights. He was first elected to the state legislature in 2000.
As a member of the House of Representatives in 2015, Baxley apologized and changed his vote after initially supporting an adoption bill that included an official repeal of a ban on adoption by same-sex couples; his prior vote was a "mistake" and he changed it to oppose. He claimed on a talk show, "I don't want to discriminate on somebody. I'm not phobic, but I simply can't affirm homosexuality." He further said that what he originally saw as a great adoption bill "had really become the gay bill, and at that point it was an affirmation of homosexuality for which many of us under our biblical teachings simply can't be there." Baxley supported the 2016 "Pastor Protection Act" allowing religious organizations to refuse involvement in weddings that violate their religious beliefs and argued, "There is a persecuted class here. There is a discrimination. There is a war, a battle, an assault going on, on the traditional family. […] If there's anybody under assault and discrimination, I'll tell you who it is: It's anyone who holds a biblical world view. We're called haters."
In the 2020 legislative session, Senator Baxley sponsored the failed SB 1864: Vulnerable Child Protection Act that would have criminalized health care providers who provide gender affirming services to minors. In 2021, he opposed a bill that would have banned the use of the "panic defense" to justify a defendant's assault of someone else based on "panic" over their perceived gay or transgender status. In his opposition, Baxley said, "It's pretty much a position that, you know, if you're the transgender or gay person, then you have special protections and rights, and if you don't, you're not. I'm just for equal rights for everybody, you know, liberty and justice for all — and not special groups get special treatments." On the 2021 Transgender Day of Visibility, Baxley argued in favor of the bill that became the "Fairness in Women's Sports Act" to ban transgender girls and women from playing sports in alignment with their gender identity. In support of the bill, he said, "You can't make the facts move for someone. I can stand out here in the garage all day, convinced that I am an automobile. But, it doesn't make me an automobile. At the end of the day, it gives me a very confused life." Baxley was elected to the Senate again in 2022 and serves as the Senate Pro Tempore for the 2022-24 term.
Representative Joe Harding, who sponsored the House of Representatives version of Parental Rights in Education (HB 1557), was previously a co-sponsor of the anti-trans HB 1475 "Fairness in Women's Sports Act". He also co-sponsored the previous Parents' Bill of Rights, which drew objections and concerns from LGBTQIA+ advocates that it could potentially require schools to break student/counselor confidentiality and "out" children to their parents. Lakey Love of the Florida Coalition for Trans Liberation said of that bill: "This is a direct attack on transgender and gender-nonconforming Floridians, and the LGBTQ youth in particular." Joe Harding was elected to the re-drawn district 24, but resigned on December 9, 2022 due to his federal indictment alleging wire fraud, money laundering, and making false statements to obtain over $150,000 in COVID-19-related small business loans from the Small Business Administration. On March 21, 2023, Harding pleaded guilty, with a sentencing hearing scheduled for July 25.
HB 1467 was another bill passed during the 2022 legislative session that has reportedly been applied in combination with HB 1557 to initiate book bans. HB 1467 made it easier for members of the public to scrutinize and challenge the contents of school libraries, while HB 1557 has been used for any materials accessible to kindergarten through grade 3 and some in grades 4 through 12.
Several co-sponsors of the 2022 bills sponsored or co-sponsored legislation in 2023 that targets LGBTQ+ people in education or is otherwise anti-LGBTQ+, including:
*Adam Anderson:
**2023: Sponsor (with Stan McClain) of HB 1069 "Education" (Regressive Education) and HB 1223 "Public PreK-12 Educational Institution and Instruction Requirements" (incorporated into CS/CS/HB 1069) ("Don't Say LGBTQ" Expansion)
*Alex Andrade:
**2021: Co-sponsor of HB 241 "Parents' Bill of Rights" (paved way for attacks on LGBTQ youth) and HB 1475 "Fairness in Women's Sports Act" (passed as CS/CS/SB 1028) (restricting trans girls and trans women in athletics)
**2023: Sponsor of HB 991 "Defamation, False Light, and Unauthorized Publication of Name or Likenesses" (failed) (Defamation Censorship) and HB 999 "Postsecondary Educational Institutions" (passed as CS/CS/CS/SB 266) ("MAGA University" Bill)
*Doug Bankson:
**2023: Co-sponsor of HB 1223 (incorporated into CS/CS/HB 1069) and HB 1421 "Gender Clinical Interventions" (passed as CS/SB 254) (Trans Ban)
*Dean Black:
**2023: Co-sponsor of HB 991 (failed), HB 1421 (passed as CS/SB 254), HB 1423 "Protection of Children" (passed as SB 1438) (Anti-Drag), and HB 1521 "Facility Requirements Based on Sex" (Anti-Trans Bathroom Bill)
*Randy Fine:
**2020: Co-sponsor of HB 1059 "Parental Rights" (failed) (risks to LGBTQ youth)
**2021: Co-sponsor of HB 241 and HB 1475
**2022: Co-sponsor of HB 1467 "K-12 Education" (Book Bans) and HB 1557 "Parental Rights in Education" ("Don't Say Gay" Bill)
**2023: Co-sponsor of HB 1223 (incorporated into CS/CS/HB 1069), HB 1421 (passed as CS/SB 254), and HB 1423 (passed as SB 1438)
*Erin Grall:
**2020: Sponsor of HB 1059 (failed)
**2021: Sponsor of HB 241
**2022: Co-sponsor of HB 1557
**2023: Sponsor of SB 266 "Higher Education ("MAGA University" Bill) and SB 1674 "Facility Requirements Based on Sex" (passed as CS/HB 1521) (Anti-Trans Bathroom Bill)
*Ralph Massullo:
**2023: Co-sponsor of HB 999 (passed as CS/CS/CS/SB 266), HB 1069, and HB 1421 (passed as CS/SB 254)
*Stan McClain:
**2020: Co-sponsor of HB 1059 (failed) and HB 1365 "Vulnerable Child Protection Act" (failed) (Transgender Youth Medical Care Ban)
**2021: Co-sponsor of HB 241
**2022: Co-sponsor of HB 1467 and HB 1557
**2023: Sponsor (with Adam Anderson) of HB 1069
*Keith Perry:
**2023: Co-sponsor of SB 254 "Treatments for Sex Reassignment" (Criminalizing Gender Affirming Care), SB 1220 "Defamation and Related Actions" (failed) (Defamation Censorship), SB 1320 "Child Protection in Public Schools" (incorporated into CS/CS/HB 1069) ("Don't Say LGBTQ" Expansion), SB 1438 "Protection of Children" (Anti-Drag), and SB 1674 (passed as CS/HB 1521)
*Spencer Roach:
**2021: Co-sponsor of HB 1475
**2022: Co-sponsor of HB 1557
**2023: Co-sponsor of HB 1223 (incorporated into CS/CS/HB 1069)
*Michelle Salzman:
**2021: Co-sponsor of HB 241
**2023: Co-sponsor of HB 1069 and HB 1421 (passed as CS/SB 254)
*Tyler Sirois:
**2021: Co-sponsor of HB 241
**2022: Co-sponsor of HB 1467 "K-12 Education" (Book Bans) and HB 1557
**2023: Co-sponsor of HB 1423 (passed as SB 1438)
*Clay Yarborough:
**2020: Co-sponsor of HB 1059 (failed)
**2021: Co-sponsor of HB 241 and HB 1475
**2022: Co-sponsor of HB 1557
**2023: Sponsor of SB 254, SB 1320 (incorporated into CS/CS/HB 1069), and SB 1438
===The DeSantis administration===
In 2020, Florida Governor Ron DeSantis vetoed US$50,000 from the state budget that would have gone to the LGBT+ Center Orlando for its Orlando United Assistance Center, which provides counseling and other services to survivors of the Pulse tragedy on June 12, 2016. In 2021, DeSantis signed the anti-trans sports act on June 1, followed by a June 2 veto of US$900,000 from the state budget that would have supported LGBTQIA+ people. The veto again affected The LGBT+ Center Orlando's services for Pulse survivors, which would have received US$150,000. US$750,000 would have been allocated to the Zebra Coalition to convert part of a former motel into housing for up to 35 homeless LGBTQ+ youth. The timing of the 2021 signing and vetoes, which occurred on the first days of Pride month and shortly before the fifth anniversary of the events at Pulse, was criticized locally and nationally. DeSantis' press secretary, Christina Pushaw, said the governor has been a "champion on mental health since day one", citing his approval of increased mental health funding in general, and said the characterization of his vetoes as an attack on Florida's LGBTQ+ community was "patently false".
An anti-bullying portal on Florida's Department of Education (DOE) website was created under the 2018 Marjory Stoneman Douglas High School Public Safety Act. Among other topics, the portal included a page addressing the bullying of LGBTQIA+ youth. However, the DOE removed the portal in December 2021 after a right-leaning online publication sparked a content review. Florida Agriculture Commissioner Nikki Fried subsequently announced that LGBTQIA+ resources would be hosted on the Florida Department of Agriculture and Consumer Services website.
On June 2, 2022, DeSantis again vetoed funding for the Zebra Coalition's homeless LGBTQ+ youth housing program; legislators had approved $500,000. That summer, Florida's Surgeon General Joseph Ladapo set the Department of Health on its course against providing gender-affirming care to minors and recommending against social transition.
===Lawsuits===
A federal lawsuit has been filed against the anti-trans sports act officially titled "Fairness in Women's Sports Act", citing violations of privacy and Title IX. Under the act, trans men and boys may choose to play on men's or women's sports teams, but trans girls and women must play on men's teams.
A staff analysis of HB 1557 cited ongoing litigation in Leon County alleging that the school district withheld information from parents about their child's (social) gender transition at school in violation of the Parents' Bill of Rights, which was not in effect at the time of the alleged incidents. The mother, January Littlejohn, emailed a math teacher in August 2020; emails with the teacher are in the public record due to state laws. She said that the parents had found a counselor to address their child's gender identity. The child had been experiencing gender dysphoria starting spring 2020 and had since asked to use they/them pronouns and another name. Littlejohn expressed in emails that the teacher could determine what was best and that she would let her child take the lead. However, the parents subsequently alleged that they did not give consent for the school to become involved; school officials maintain that a parent gave permission. The parents want the Leon County School District to change its LGBTQ guide and support forms and pay damages to them.
Littlejohn's lawsuit was filed by The Child & Parental Rights Campaign, which describes itself as "founded to respond to a radical new ideology overtaking families and threatening the well-being of children and the fundamental right of parents", in October 2021. A federal judge dismissed the lawsuit in December 2022, stating that it raised "novel and complex issues of state law" that made it better suited for a state court rather than the federal court in which it was filed as well as not meeting the threshold of "shocking the conscience as defined by binding case law". The Child & Parental Rights Campaign said the parents plan to file an appeal in federal court. According to Superintendent Rocky Hanna, the dismissed lawsuit cost the school district and its taxpayers "thousands of dollars that otherwise would have gone to support the education of our children."
The Child & Parental Rights Campaign also filed a federal lawsuit on January 24, 2022, on behalf of Wendell and Maria Perez against Clay County District Schools. The Perezes alleged that school officials concealed from them and did not ask for their consent before providing counseling to their 12-year-old child to address gender dysphoria. Allegedly, they were not told until after the child made the first of two suicide attempts at the school, an elementary school, that their child had been receiving counseling for a few months. The parents claimed in the media that the reason given by the school counselor for withholding information was "that they knew we as parents would not be in agreement because of our Catholic Christian beliefs". They alleged that the counselor told them their child had not wanted their involvement, knowing that they would not accept their child's name and pronoun changes due to their religious beliefs. The Perezes claimed that the counselor "groomed" their child to be another gender and that school officials and the counselor "precipitated a pattern of bullying" in referring to their child with male pronouns and a "fictitious" male name in front of other students. The child received in-patient treatment from a behavioral health unit following the suicide attempts.
Clay County District Schools gave a statement to First Coast News that they had not been served with any legal process and cannot comment on any pleadings filed. It also stated: "The district has performed a thorough and complete investigation into this matter as it was presented to us and has determined that the allegations made by this out-of-state organization are completely false, fabricated, and appear to be intended solely for the purpose of inciting the public." First Coast News linked the focus of the lawsuit with the focus of HB 1557.
==Parental Rights in Education==
===Overview===
The sections and paragraphs of the state law officially named Parental Rights in Education are the following:
*Section 1:
*#School districts must have procedures to notify parents of changes regarding their child's "mental, emotional, or physical health or well-being", which is not defined, and any services they are receiving at school. Personnel will be required to encourage children to discuss their own well-being with their parents or to help the student have that discussion. Districts cannot prohibit parental access to their children's health and education records, which means no part of students' records can be kept confidential from their parents.
*#School districts must not have procedures or use student support forms that prohibit personnel from notifying parents about changes regarding the topics in Paragraph 1; these are again not defined. The school district may decide to withhold information "if a reasonably prudent person" would be concerned that the child could be abused, abandoned, or neglected as a result of the disclosure.
*#Literally reads: "Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards." (The bill does not define what is considered classroom instruction, what is age-appropriate or developmentally appropriate before or after third grade, and does not specify the applicable state standards.)
*#Personnel training for school support services that a district develops or provides must adhere to Department of Education requirements.
*#At the beginning of the school year, parents must be notified by the schools of each healthcare service available so parents can withhold consent or decline any specific service for their child. Consent does not waive the confidentiality and notification requirements.
*#For students in kindergarten through grade 3, schools must provide copies of student well-being questionnaires or health screening forms to parents and get permission before administering them.
*#After a parent notifies a school district about their concerns regarding these topics, the school district has 7 days to notify the school's principal (or someone they designate) of the concerns and the process for resolving them. If the parent's concerns are not resolved within 30 days of notification, the school district must either resolve it or provide a statement of the reason why it is unresolved. If the concern is still not resolved, a parent may:
*##Ask the Commissioner of Education to appoint a special magistrate that the school district has to pay for. Within 30 days, the special magistrate will review the dispute and recommend a decision for the State Board of Education for approval or rejection between 7–30 days. (This process is quicker than going to court.)
*##Take the school district to court and potentially be awarded damages, attorney fees, and court costs.
*Section 2: The Department of Education has until June 30, 2023, to review and update standards and policies for school counselors, educators, and other student services personnel in accordance with this bill.
*Section 3: The effective date was July 1, 2022.
Section 1, Paragraph 3 has received the most attention and the heaviest criticism. In the original filings, it read:
:"A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students."
Compare with the final enrolled version, emphasis added for changed text:
:"Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards."
Bill summaries are not added to the Florida Statutes. However, the portion of the bill summary dealing with this paragraph was originally: "prohibiting a school district from encouraging classroom discussion about sexual orientation or gender identity in primary grade levels or in a specified manner". It was changed to: "prohibiting classroom discussion about sexual orientation or gender identity in certain grade levels or in a specified manner".
===Legislative process===
Florida Republicans reportedly worked with The Child & Parental Rights Campaign to craft the Parental Rights in Education bill. In the Florida Senate, SB 1834 was filed on January 7, 2022 by sponsor Senator Dennis Baxley. The identical HB 1557 was filed in the Florida House of Representatives on January 11, 2022 by Representative Joe Harding. As it advanced through House committees, it gained the following co-sponsors:
*Bryan Avila 
*Melony Bell 
*David Borrero 
*Cord Byrd 
*Juan Alfonso Fernandez-Barquin 
*Elizabeth Fetterhoff 
*Randy Fine 
*Jason Fischer 
*Erin Grall 
*Chris Latvala 
*Randall Maggard 
*Stan McClain 
*Scott Plakon 
*Spencer Roach 
*Rick Roth 
*Tyler Sirois 
*John Snyder 
*Keith Truenow 
*Clay Yarborough 
The 2022-01-20 House Education & Employment Committee meeting has not been summarized, but it advanced the bill to the next committee.
====2022-02-08, Senate Education Committee====
During its hearing in the Senate Education Committee on February 8, Sen. Baxley argued that teachers are engaging in "social engineering" and attempting to "move agendas" rather than teaching basic skills. According to him, "I think when you start opening sexual type discussions with children, you're entering a very dangerous zone." One example given of what would violate the Senate bill was a hypothetical math problem that included two moms or two dads; Baxley called that example "exactly where the problem is". The bill was found favorable by the committee 6-3 on party lines.
====2022-02-17, House Judiciary Committee====
On February 17, the House Judiciary Committee approved a committee substitute 13-7 along party lines. During the hearing, Representative Harding argued that his bill was necessary because classrooms should focus on reading, math, and "the basics". He objected to the "Don't Say Gay" nicknaming of the bill because his bill does not specifically ban saying the word. Various proponents of the bill made anti-LGBTQ+ comments as reasons for supporting the bill. Rep. Mike Beltran argued that "these sorts of things" are not appropriate to discuss at school in third grade or younger but may be appropriate at home "if you're a same-sex household or your child may be LGBT or something like that". He specifically refused to believe that any children in third grade or younger has ever died by suicide or might do so if they had not learned about "these sorts of things". Rep. Scott Plakon argued on the subject of "a movement" supporting LGBTQIA+ people, "Is it ridiculous that parents would be concerned about this movement targeting their children? I don't think that's a ridiculous concern. And I don't think anybody could agree that parents shouldn't have the right to be concerned about that."
Representative Mike Grieco , speaking in debate to oppose the bill, responded to the anti-LGBTQ+ remarks, "I am very concerned based upon some of the folks that I've heard from today, that there are certain areas in Florida that think that it is never age-appropriate to talk about gender identity or sexual orientation, regardless as to what arbitrary definition you place on those two terms." Rep. Fentrice Driskell noted, "Whatever you intended this bill to be, it is not that anymore. It's very clear that the proponents of this bill believe in anti-gay rhetoric. It's suppressive. I'm concerned even with the plain text of the bill; it has problems. We couldn't get a straight answer — pun intended — on the definition of sexual orientation." 
====2022-02-22, House Special Order Calendar====
Prior to the third reading of the entire bill, multiple proposed amendments for CS/CS/HB 1557 were considered as part of the Special Order Calendar for February 22. The full House of Representatives convened to consider amendments, rather than the entire bill, within strict time limits for questions-and-answers and debate. The debate manager assigned to the "Pro" side was Rep. Michael Grant and Rep. Matt Willhite for "Con". Harding initially submitted, then withdrew prior to the session, an amendment that would have required schools to inform parents within six weeks if a child has come out to school personnel, regardless of any concerns about abuse, abandonment, or neglect. He denied that his amendment would have required outing students to their parents. In the session, he also claimed that the bill does not target any specific gender or sexual orientation.
Amendments that were considered on the floor:
ID 	Filed by 	Details
01. 884605	Rep. Kristen Arrington 	Failed. For paragraph 1, proposed inserting after current text "safe and supportive learning environment for the student" new text: "regardless of their race, color, ethnicity, national origin, sex, gender, gender identity, sexual identity, or disability."
02. 784679	Rep. Tracie Davis 	Failed. For paragraph 1, proposed adding at the end new text: "This paragraph does not limit or alter any obligation of school district personnel to report suspected abuse, abandonment, or neglect, as those terms are defined in s. 39.01."
03. 178971	Rep. Angela "Angie" Nixon 	Failed. For (sub)paragraph 2, insert after current text "This subparagraph does not prohibit a school district from adopting procedures that permit school personnel to withhold such information from a parent" and before current "reasonably prudent person" new text: "if the information would out a LGBTQ+ student without that student's consent or a".
04. 705429	Rep. Michele Rayner-Goolsby 	Failed. Retain paragraphs 1, 2 and 4–7, but delete the entirety of paragraph 3 (the one about gender identity and sexual orientation).
05. 703365	Rep. Carlos Guillermo Smith 	Failed. In paragraph 3, replace "sexual orientation or gender identity" with "sexual activity".
06. 600607	Rep. Marie Woodson 	Failed. Add at the end of paragraph 3: "This subparagraph does not apply to any discussion between a student who identifies as transgender, gender non-conforming, non-binary, or otherwise LGBTQ+ and their peers."
07. 634251	Minority Leader Rep. Evan Jenne	Failed. Delete paragraph 4 (about Department of Education) and renumber the rest accordingly
08. 870647	Rep. Ben Diamond 	Failed. Delete paragraph 7 (giving parents increased ability to sue school district).
09. 722367	Rep. Joe Harding 	Adopted. Expanded paragraph 7 with further details of making complaints and proceeding to lawsuits against school districts.
10. 194533	Rep. Fentrice Driskell 	Failed. Insert at the end of paragraph 7: "A court shall award reasonable attorney fees and court costs to a school district that is found to have not violated this paragraph."
11. 275051	Rep. Anna Eskamani 	Failed. Create paragraph 8 with the text: "To ensure that parents and legal guardians know how to discuss sexual orientation and gender identity with their children, the Department of Education, in consultation with Parents, Families, and Friends of Lesbians and Gays (PFLAG) and Gay, Lesbian, and Straight Education Network (GLSEN), must create a pamphlet focused on providing parents and legal guardians with information on how to talk to their children about sexual orientation and gender identity. The pamphlet must contain contact information for local LGBTQ+ focused organizations that can help with such conversations. Each school district must annually provide the pamphlet to parents and legal guardians and prominently display such pamphlets in the front office of schools within the district."
12. 138729	Rep. Anna Eskamani 	Failed. Create paragraph 8 with the text: "A student whose school reveals their sexual orientation to the student's parent or guardian pursuant to this paragraph and causes irreparable harm to the student may bring an action against the Department of Education for injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a student who receives injunctive relief."
====2022-02-24, House of Representatives====
On February 24, the bill had its third reading in the full House of Representatives. During debate on the bill, student pages (who are in middle school) were removed from the chamber. The absence of the student pages was criticized by Representative Grieco, who further noted that the bill does not limit the ban on discussing LGBTQIA+ people to kindergarten through third grade; school districts or parents could deem topics related to the community age-inappropriate at any time. He characterized members claiming that the bill has age limitations "either mistaken or they're flat out lying". Rep. Carlos Guillermo Smith, who is the first gay Latino elected official in Florida's legislature, wore his Pride pin upside down to indicate his community is in distress.
Anti-LGBTQ+ arguments were again made by bill supporters. Representative Juan Alfonso Fernandez-Barquin claimed that young children are "being taught the radical leftist gender theory" and that parents know what is best. Rep. Erin Grall equated school support forms regarding gender non-conforming students to hypothetical forms about "transitioning a child from one religion to another".
The House of Representatives voted 69-47 to pass the bill, with votes largely falling on party lines. It was supported by one Democratic representative, James Bush III , and opposed by seven Republicans.
====2022-02-29, Senate Appropriations Committee====
Senate President Wilton Simpson approved fast-tracking the House version of the bill to just one stop in the Senate Appropriations Committee rather than continuing with the Senate version through two more committees. The committee was made up of seven Democratic and thirteen Republican senators, one of which was bill introducer Senator Baxley. The committee found the bill favorable 12-8, with all seven Democrats and Senator Jeff Brandes voting against the bill.
As Senator Jason Pizzo probed Sen. Baxley regarding the legislative intent of the bill and what teachers could do in response to "spontaneous or reflexive" speech, such as someone putting "two mommies" or "two daddies" on their family tree, Baxley continually dodged and claimed his bill was about "instructional materials by the school system leading in a specific direction, not regular classroom discussion between classmates". Pizzo asked, "Final question, and I mean this with all due respect: Do you believe that a classroom teacher in kindergarten, first grade, second grade, or third grade can convert someone to being gay?" The chairperson, Sen. Kelli Stargel , said she did not believe that Pizzo's question was to the bill; he pushed back about the relevance of the bill sponsor's intent. Baxley did not answer the question, instead arguing about centering parental rights. When Pizzo attempted again to get a direct answer from Baxley regarding his beliefs and why the focus on particular ages, Stargel disallowed Pizzo's question and moved to the next senator.
Senator Lauren Book held up a family tree assignment from when she taught kindergarten and asked Sen. Baxley multiple questions regarding it, such as whether it would count as instructional material and be permitted under the bill, if the bill would conflict with state social studies standards requiring discussions of a child's role in their family, and how he defined classroom discussion versus classroom instruction. Baxley gave vague answers that did not address her specific questions, and suggested it would prevent teachers "promoting certain worldviews or certain positions to children this young who are not ready to talk about sexual things".
Senator Audrey Gibson asked Baxley what led to his bill, such as a specific family speaking to him about their parental rights being violated. He brought up "social engineering approaches" and "values" and said it was a "proactive bill by folks who work on parental issues and school issues", but he did not identify who brought the bill to him. Senator Linda Stewart asked if the bill would apply to LGBTQ clubs or other extracurricular activities; he said it would not. Among other questions, Senator Bobby Powell asked how Baxley defined "social engineering approaches" and if any line in the bill dealt with that subject. Baxley said, "That is describing what goes on around social value issues, when you try to reach over from the educational arm of our society, and address these in a way that doesn't observe the authority of parents to establish those value lines." 
During the questions and answers, Senator Brandes asked if "heterosexual conversations" would be allowed under the bill; when Sen. Baxley said no, Brandes asked what in the bill text disallowed discussing heterosexuality or sexual activity. Baxley avoided answering why the bill singled out sexual orientation and gender identity.
An amendment proposed by Senator Brandes would have swapped out the words "sexual orientation or gender identity" in favor of "human sexuality or sexual activity" to be more generally about sex education and no longer target the LGBTQ+ community. Sen. Baxley said Brandes' amendment would "gut" the bill. Rep. Smith voiced support for Brandes' amendment prior to the hearing and hoped to provide testimony at the hearing, but Chair Stargel did not grant him permission to speak. Stargel claimed the bill was "not meant to be hateful", and she said in support, "What this bill is seeking to fix is a situation where you have a school district that puts in place a policy of transgender/gender-non-conforming Student Support Plan, according to Title IX, which extends all the way to kids in elementary school, and that entire plan is done without the knowledge or input from the parent. That is the problem that we're fixing. I don't care if your kids are straight or if your kids are gay."
====2022-03-07, Senate Special Order Calendar====
For the second reading of the bill on March 7, the Senate spent three hours debating and voting on proposed bill amendments to clarify the vague language and add protections for LGBTQ+ students; all failed to pass. Sen. Kelli Stargel claimed the amendments were an attempt to delay the bill and force it into a back and forth with the House, and that they encouraged "misrepresentation" of the bill.
Most of the thirteen amendments were determined with voice votes; the voice vote on the amendment by Senator Shevrin Jones was challenged by at least five Senators to require an electronic roll call vote. The proposed amendments were:
ID 	Filed by 	Details
175814	Sen. Gary Farmer 	Before the current bill text, amend the Florida Statute regarding HIV/AIDS education in schools to change the word "heterosexual" to "monogamous", making the sentence read: "Teach abstinence from sexual activity outside of marriage as the expected standard for all school-age students while teaching the benefits of monogamous marriage."
907198	Sen. Janet Cruz 	For paragraph 1, insert after current text "safe and supportive learning environment for the student" new text: "regardless of their race, color, ethnicity, national origin, sex, gender, gender identity, sexual orientation, or disability." Previously attempted by Rep. Arrington.
756788	Sen. Annette Taddeo	For (sub)paragraph 1, add to the end: "This subparagraph does not limit or alter any obligation of school district personnel to report suspected abuse, abandonment, or neglect, as those terms are defined in s. 39.01."
421704	Sen. Farmer 	Delete the entirety of paragraph 3 (the one about gender identity and sexual orientation). Previously attempted by Rep. Rayner-Goolsby.
290096	Sen. Tina Polsky 	Insert at the start of (sub)paragraph 3: "3.a. For purposes of this subparagraph, the term: (I) "Gender identity" means gender-related identity, appearance, or behavior, regardless of whether such gender-related identity, appearance, or behavior is different from that traditionally associated with an individual's physiology or assigned sex at birth. (II) "Sexual orientation" means an individual's heterosexuality, homosexuality, or bisexuality."
427586	Sen. Jeff Brandes 	Replace "sexual orientation or gender identity" with "human sexuality, including, but not limited to, curricula addressing sexual activity, sexual orientation, or gender identity".
201756	Sen. Shevrin Jones 	Failed; in the roll call, all 15 Democratic Senators and one Republican (Brandes) supported, and 22 Republicans voted to oppose. Replace paragraph 3 with: "Classroom instruction by school personnel or third parties intended to change a student's sexual orientation or gender identity may not occur."
755282	Sen. Lauren Book 	Insert after "accordance with state standards" at the end of (sub)paragraph 3: "For purposes of this subparagraph, the term "classroom instruction" does not include instruction or discussion relating to any of the following: a. Family structures. b. Objective historical events. c. Bullying prevention. d. A student's individual education plan (IEP) or 504 plan."
734244	Sen. Randolph Bracy	Add at the end of (sub)paragraph 3: "This subparagraph does not apply to any discussion between a student who identifies as transgender, gender nonconforming, non-binary, or otherwise LGBTQ+ and their peers." Previously attempted by Rep. Woodson.
538822	Sen. Audrey Gibson 	Delete paragraph 4 (about adhering to Department of Education for student services) and section 2 (1 year deadline for Department of Education to make updates).
745072	Sen. Jason Pizzo 	Remove the paragraph that would give parents the ability to bring action against and potentially receive damages and fees from school districts.
486826	Sen. Linda Stewart 	In paragraph 7, after the sentence about how "a court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief", add: "A court shall award reasonable attorney fees and court costs to a school district that is found to have not violated this paragraph."
374376	Sen. Lori Berman 	Create paragraph 8 with the text: "To ensure that parents and legal guardians know how to discuss sexual orientation and gender identity with their children, the Department of Education, in consultation with Parents, Families, and Friends of Lesbians and Gays (PFLAG) and Gay, Lesbian, and Straight Education Network (GLSEN), shall create a pamphlet focused on providing parents and legal guardians with information on how to talk to their children about sexual orientation and gender identity. The pamphlet must contain contact information for local LGBTQ+ focused organizations that can assist parents in preparing for such conversations. Each school district shall annually provide the pamphlet to parents and legal guardians and prominently display such pamphlets in the front office of schools within the district." (Almost identical to attempted amendment barcode 275051 by Rep. Eskamani)
====2022-03-08, Senate====
The bill passed 22-17 in the Senate, with all Democrats opposing as well as two Republicans, Senators Jeff Brandes and Jenn Bradley . Sen. Brandes had previously opposed the bill, and Sen. Bradley said, "I want to support parental rights in school but I'm also mindful of our Legislature's voice. I'm a mom to three children and I love all of the children in the state of Florida, and I'm concerned about the message it sends."
During debate, Democratic Senators called out the homophobic and transphobic intentions behind the bill and the statements made by their Republican colleagues, while multiple Republican Senators continued to make such statements in support of the bill. Sen. Ileana Garcia claimed, "Gay is not a permanent thing. LGBT is not a permanent thing."
===Positions on HB 1557/SB 1834===
====Supporters====
Multiple legislators argued in favor of the bills, including but not limited to:
*Sen. Danny Burgess 
*Sen. Manny Diaz 
*Sen. Ileana Garcia 
*Sen. Ray Rodrigues 
*Sen. Kelli Stargel , Chair of Appropriations Committee
At committee hearings, individuals representing themselves or representing organizations waived in support or provided public testimony as proponents of the bill. (Some were also in opposition to amendment barcode 546314/760288.) These members of the public were:
*Christian Family Coalition (CFC) or Family Christian Coalition (FCC)
*Florida Citizens Alliance
*Florida Ethics and Religious Liberty Commission
*Florida Family Action
*Florida Family Policy Council
*Florida Smart Justice Alliance
*Heritage Action for America	
*National Coalition for Public School Options
*Opportunity Solutions Project
*Salt and Light Council
*Various individuals, including residents of The Villages retirement community and January Littlejohn
====Opponents====
Among others, the bill was strongly opposed within the legislature by the three openly LGBTQ+ legislators:
*Rep. Carlos Guillermo Smith, Florida's first elected LGBTQ+ Latino state legislator, Democratic Ranking Member of the State Affairs Committee and the Professions & Public Health Subcommittee
*Rep. Michele Rayner-Goolsby, , the first openly queer Black woman and queer woman of color elected as a Florida state legislator
*Sen. Shevrin "Shev" Jones , Florida's first elected openly gay Senator and formerly a Representative who publicly came out while in office in 2018, Vice Chair of the Education Committee
LGBTQIA+ allies among the legislature who strongly opposed the bill include but are not limited to:
*Rep. Kristen Arrington , fought as a member of the Education & Employment Committee and filed an amendment
*Rep. Robin Bartleman, fought in the chamber
*Rep. Ben Diamond , fought as a member of the Judiciary Committee and filed an amendment
*Rep. Fentrice Driskell, fought as the Democratic Ranking Member of the Judiciary Committee and filed an amendment
*Rep. Anna Eskamani, filed two amendments and fought in the chamber
*Rep. Mike Grieco , fought as a member of the Judiciary Committee and in the chamber
*Rep. Angie Nixon, filed an amendment
*Rep. Marie Woodson, filed an amendment
*Sen. Lori Berman
*Sen. Lauren Book 
*Sen. Randolph Bracy 
*Sen. Janet Cruz 
*Sen. Gary Farmer 
*Sen. Jason Pizzo 
*Sen. Tina Polsky 
Other attempts to amend the bill (in ways that would not alter paragraph 3 or insert new affirmative language) were made by:
*Rep. Tracie Davis 
*Rep. Evan Jenne , Minority (Democratic) Leader
*Sen. Audrey Gibson 
*Sen. Linda Stewart 
*Sen. Annette Taddeo 
The following Republicans voted no on the bill in the final floor votes:
*Rep. Vance Aloupis, Jr. , after previously supporting in the Education & Employment Committee
*Rep. Demi Busatta Cabrera , after previously supporting in the Judiciary Committee
*Rep. Chip LaMarca , after previously supporting in the Education & Employment Committee
*Rep. Amber Mariano , after previously supporting in the Education & Employment Committee
*Rep. James Vernon "Jim" Mooney, Jr. 
*Rep. Rene "Coach P" Plasencia 
*Rep. William Cloud "Will" Robinson, Jr. 
*Sen. Jenn Bradley , after previously supporting the bill in the Education Committee and opposing Sen. Jones' amendment on the floor
*Sen. Jeff Brandes , also attempted an amendment and voted no in Appropriations Committee, attempted an amendment again on the floor
At committee hearings, individuals representing themselves or representing organizations waived in opposition or provided public testimony as opponents. (Some were also in support of amendment barcode 546314/760288.) These members of the public were:
*AIDS Healthcare Foundation (AHF)
*American Atheists
*American Civil Liberties Union of Florida (ACLU of Florida)
*COLAGE
*Common Ground
*Dream Defenders
*Equality Florida
*Family Equality
*Florida AFL–CIO
*Florida Alliance of Planned Parenthood Affiliates
*Florida Center for Fiscal & Economic Policy
*Florida Coalition for Transgender Liberation
*Florida Immigrant Coalition
*Florida National Organization for Women (FL NOW)
*Florida Policy Institute
*Florida PTA
*Florida Rising
*Florida State Conference of NAACP Branches
*Florida Student Power Network	
*Latina Institute for Reproductive Justice FL
*League of Women Voters
*Mental Health Association of Central Florida
*Miami-Dade County
*National LGBTQ Task Force Action Fund
*PRISM
*Southern Poverty Law Center Action Fund
*Spektrum Health
*St. Stephen Lutheran Church
*Students for a Democratic Society
*The Trevor Project
*Various individuals, including members of the LGBTQIA+ community, physicians, members of the National Association of Social Workers, student leader Will Larkins
====Florida student protests====
Student-led, student-organized school walkouts were held to protest HB 1557 and support LGBTQ+ rights for students, with most taking place at noon on Thursday, March 3, 2022. The walkouts received local Names of high schools via Seminole County Public Schools. and national news coverage. (Note: article contains errors regarding names of cities where schools are located) Although media reports have said "at least twenty" schools were identified as participating in the walkout, the total count is at least 60.
School 	City 	County 	Estimated attendance
Atlantic Coast High School 	Jacksonville 	Duval 	
Bayside High School 	Palm Bay 	Brevard 	
Blake High School 	Tampa 	Hillsborough	
Boone High School 	Orlando 	Orange 	
Braden River High School 	Bradenton 	Manatee 	30+
Brandon High School 	Brandon 	Hillsborough	
Buchholz High School 	Gainesville 	Alachua 	
Colonial High School 	Orlando 	Orange 	About 100
Crooms Academy of Information Technology 	Sanford 	Seminole 	
Cypress Lake Middle School 	Fort Myers 	Lee 	
Cypress Lake High School 	Fort Myers 	Lee 	100–150 or 200–300
Dr. Phillips High School 	Orlando 	Orange 	
Dunbar Middle School 	Fort Myers 	Lee 	
Eastside High School 	Gainesville 	Alachua 	
Edgewater High School 	Orlando 	Orange 	
Edgewood Junior/Senior High School 	Merritt Island 	Brevard 	
Fivay High School 	Hudson 	Pasco 	
Flagler Palm Coast High School 	Palm Coast 	Flagler 	500+
Florida State University 	Tallahassee 	Leon 	
Fort Myers High School 	Fort Myers 	Lee 	300+
Freedom High School 	Tampa 	Hillsborough	
Gainesville High School 	Gainesville 	Alachua 	400+
Gibbs High School 	St. Petersburg 	Pinellas 	
Gulf Coast High School 	Naples 	Collier 	75
Gulf High School 	New Port Richey 	Pasco 	
Hagerty High School 	Oviedo 	Seminole 	
Hillsborough High School 	Tampa 	Hillsborough	About 250
Howard W. Bishop Middle School 	Gainesville 	Alachua 	
J. W. Mitchell High School 	New Port Richey 	Pasco 	
Lake Brantley High School 	Altamonte Springs	Seminole 	
Lake Howell High School 	Winter Park 	Seminole 	
Lake Mary High School 	Lake Mary 	Seminole 	
Lakewood High School 	St. Petersburg 	Pinellas 	100+
Largo High School 	Largo 	Pinellas 	
Leon High School 	Tallahassee 	Leon 	
Lennard High School 	Gibsonton 	Hillsborough	
Loften High School 	Gainesville 	Alachua 	
Lyman High School 	Longwood 	Seminole 	
Mandarin High School 	Jacksonville 	Duval 	
Matanzas High School 	Palm Coast 	Flagler 	About 200
Melbourne High School 	Melbourne 	Brevard 	
Manatee School for the Arts 	Palmetto 	Manatee 	
Mariner High School 	Cape Coral 	Lee 	
Naples High School 	Naples 	Collier 	
North Fort Myers High School 	Fort Myers 	Lee 	
Orange Park High School 	Orange Park 	Clay 	
Oviedo High School 	Oviedo 	Seminole 	
Palm Harbor University High School 	Palm Harbor 	Pinellas 	
Paul R. Wharton High School 	Tampa 	Hillsborough	
Pine View School for the Gifted 	Osprey (Sarasota)	Sarasota 	
P. K. Yonge Developmental Research School	Gainesville 	Alachua 	
River Ridge High School 	New Port Richey 	Pasco 	
Riverview High School 	Sarasota 	Sarasota 	
Robinson High School 	Tampa 	Hillsborough	
Rutherford High School 	Panama City 	Bay 	
SAIL High School 	Tallahassee 	Leon 	
Sandalwood High School 	Jacksonville 	Duval 	
Seminole High School 	Sanford 	Seminole 	"Hundreds"
St. Augustine High School 	St. Augustine 	St. Johns 	
Terry Parker High School 	Jacksonville 	Duval 	
Wesley Chapel High School 	Wesley Chapel 	Pasco 	
Winter Park High School 	Winter Park 	Orange 	500+
Winter Springs High School 	Winter Springs 	Seminole 	
Wiregrass Ranch High School 	Wesley Chapel 	Pasco 	
Over a dozen other schools participated but did not receive media coverage; however, attendees documented their walkouts on social media.
After the House of Representatives passed the bill on February 24, Flagler Palm Coast High School (FPCHS) junior and student activist Jack Petocz began organizing the statewide walkouts via social media with the hashtag #DSGWalkout; other students across the state answered his call to organize actions at their schools. At FPCHS, Alyssa Vidal helped organize the walkout that was originally planned for noon; she said the administration required them to reschedule for the morning due to "security concerns". The school district did not permit teachers to participate, but more than 500 students are estimated to have walked out at FPCHS. Afterward, Petocz was suspended, or "administratively excused" in the words of the school board attorney, apparently for distributing rainbow pride flags after the principal consulted with the superintendent and warned Petocz not to. The attorney told Flagler Live that flag distribution was not permissible because the flags were a political statement. Flagler County School District spokesman Jason Wheeler told The Daytona Beach News-Journal, "Student leaders were told no flags prior to and at the beginning of the event so as to avoid undue safety concerns and campus disruptions. School administration spoke with the event organizer numerous times about the expectations and parameters so that students could take part in a peaceful, safe protest." After the walkout, Petocz posted a statement on social media about his suspension.
In Tallahassee (Florida's capital city), at least 100 students from Leon High School, Sail High School, and Florida State University met up in front of the historic Capitol building and proceeded to the courtyard. By 1 pm, students had gathered inside the Capitol to protest outside the chambers of the Senate and House of Representatives.
At Pine View School for the Gifted in Sarasota, the walkout was led by the school's first openly gay student class president, Zander Moricz. He said of the bill, "It's devastating to watch Florida move back through history and add to the oppression queer children are already experiencing. The first person I ever came out to was a Pine View teacher, and we've had long conversations about who and where I'd be if I hadn't been able to share myself with them... erasing schools as a place to do this will be deadly, in the literal sense."
Some schools did not permit news media on property and tried to prevent students from speaking to journalists, including Flagler Palm Coast and North Fort Myers.
Nicole Crane, co-president of Gay-Straight Alliance at Wiregrass High School, told the Tampa Bay Times that the protest there was marred by mockery of the LGBTQ+ community. Braden River High School's scheduled 12:00 pm walkout was cancelled moments before it was due to take place. According to Kevin Chapman, executive director of administration for the School District of Manatee County, school leaders received word of "a serious threat" that law enforcement had to investigate; by 12:30 PM, it was found to be a false alarm. At least 30 students demonstrated despite the false alarm and threat of disciplinary action.
On Monday, March 7, students held a "Proud to Say Gay" rally and protests at the Capitol. Attendees included university students; students from Leon County's middle and high schools; teachers and members of a church group from St. Petersburg; advocates from Gainesville, Marianna, Miami, and Orlando; state legislators; and local residents.
==Legislation in 2023==
===Overview===
Legislation filed in 2023 included the following education bills for pre-kindergarten through grade 12. House Bill 1069 was described by Equality Florida as the "Regressive Education" bill and House Bill 1223/Senate Bill 1320 as "Don't Say LGBTQ" Expansion. Through the legislative process, the bills became closer to each other than in the original filings. CS/CS/HB 1069 ultimately passed and took effect on July 1, 2023. Its sections and paragraphs, along with which bill(s) originated them, are:
*Section 1: Florida's definition of "sex" in education: Throughout the Florida Early Learning-20 Education Code, adds a definition for the term "sex": that a person is "either female or male"; their body matches a "specific reproductive role"; and these reproductive roles are indicated by sex chromosomes, "naturally occurring" sex hormones, and internal and external genitalia present at birth. 
*Section 2: Personal titles and pronouns in public kindergarten through grade 12 (K-12): 
*#Makes a policy that sex is unchangeable and "it is false" for a person's pronouns and personal titles to "not correspond to" their birth assignment. An exception is made for people with a "disorder of sex development".
*#Employees, contractors, and students cannot be required to use the "preferred personal title or pronouns" of someone who is not a cisgender man or woman. 
*#Employees/contractors who are not cisgender women or men may not provide their own pronouns or personal titles to students. 
*#Students cannot be asked about their pronouns or personal titles or be penalized for not providing them. 
*Section 3: Expanding limits in "Parental Rights in Education":
**"Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in"... changes from 2022's "kindergarten through grade 3" to become "prekindergarten through grade 8", except where required by certain statutes. **Changes permission for age- or developmentally-appropriate instruction from grades 4-12 to grades 9-12. 
**Adds that the restrictions also apply to charter schools. 
**Removes a subparagraph giving parents with unresolved concerns an option to bring action against school districts (leaving intact requesting a special magistrate). 
**Adds a website requirement (for school districts to post their procedures for parents to make complaints and potentially sue). 
*Section 4: Department of Education approval of materials on reproductive health or disease: Changes a specific paragraph to read, "All materials used to teach reproductive health or any disease, including HIV/AIDS, its symptoms, development, and treatment, as part of the courses referenced in subsection (5), must be approved by the department." This changes "instructional materials" to just "materials" and removes the existing requirement that the district school board approves instructional materials in an annual, open, noticed public meeting. Instead, the Department of Education will approve them and does not have to hold a public meeting. 
*Section 5: Binary sex in health education: Regarding AIDS, sexually transmitted diseases, or health education, any instruction or course material that "contains instruction in human sexuality" must use Florida's definitions of "males" and "females", "teach that biological males impregnate biological females by fertilizing the female's egg with the male's sperm; that the female then gestates the offspring; and that these reproductive roles are binary, stable, and unchangeable." Existing items in the statute (such as abstinence only and "the benefits of monogamous heterosexual marriage") are renumbered. The Department of Education must approve instruction materials. 
*Section 6: Parents and residents objecting to materials:
**Adds language about "classroom library" and "accessible" to prior statutes. 
**Adds requirements for district school boards websites to have:
***An easily read and understood objection form (for the existing processes for parents and residents to object to school materials) on the homepage. 
***A process for a parent to limit the books and media materials their own child can access in a classroom library or the school library. 
***Searchable lists of all materials maintained and accessible to elementary school students in school libraries and classroom libraries, and any required reading lists.
**Adds to content that can be objected to: "Depicts or describes sexual conduct", with the definition of sexual conduct in s. 847.001" (ex. any depiction or description of sex that is not potentially procreative in a heterosexual marriage). 
**Within 5 school days of receiving an objection to any material that is allegedly pornographic, harmful to minors, or depicts or describes sexual conduct, it must become and remain unavailable to any students until the objection is resolved. 
**Parents have the right to read passages from the material, but if the school board denies that right, the school district must discontinue use of the material. School districts must discontinue use of any material if the school board finds prohibited content (sexual conduct, not suitable to student needs or ability to comprehend, inappropriate for grade level and age group).
**Committee meetings for resolving a parent's or resident's objection must be open to the public and have public notice, and the committee must include parents whose students could access the materials. 
**If a parent disagrees with the result of their objection, they may ask the Commissioner of Education to appoint a special magistrate that the school district has to pay for. Within 30 days, the special magistrate will review the dispute and recommend a decision for the State Board of Education for approval or rejection between 7–30 days. School district bears the cost.
**Adds to the district school board's required annual reports that they provide rationale for not removing or discontinuing material that was objected to. 
**District school boards must notify parents about how to object to materials. 
*Section 8: Invalidating separate parts of the act: If a provision or application of the act becomes invalid, the rest remains in effect, rather than the entire act being invalidated. 
===Legislative process in 2023===
====HB 1069====
House Bill 1069, simply titled "Education", was sponsored by Representatives Stan McClain and Adam Anderson and co-sponsored by Reps. Ralph Massullo and Michelle Salzman. It was filed on February 22, 2023, and found favorable with committee substitutes by the Education Quality Subcommittee on March 15 and another by the Education & Employment Committee on March 23. After eleven proposed floor amendments failed, the House of Representatives passed CS/CS/HB 1069 with a 77-35 vote on March 31, the Transgender Day of Visibility. In its original filing, various parts were similar and in some cases identical to SB 1320 "Child Protection in Public Schools" by Sen. Clay Yarborough. Parts of Rep. Anderson's CS/HB 1223 titled Public PreK-12 Educational Institution and Instruction Requirements were incorporated into CS/CS/HB 1069.
In summary, the original filing of HB 1069 proposed:
*Section 1: A specific definition of "sex" in public education.
*Section 2: Changing the process of approving materials to teach reproductive health and disease from the current (annually, by school boards, in an open, noticed public meeting) to the Department of Education.
*Section 3: Health education and instruction regarding AIDS and STIs must teach a specific definition of biologically determined "sex" based on "reproductive roles" that are "binary, stable, and unchangeable." The Department of Education must approve materials used. Would have limited instruction to grades 6 through 12; this was removed before CS/CS/HB 1069.
*Section 4: Making it easier to object to books and other media materials in school libraries and classrooms, and requiring that the materials be removed until the objection is resolved.
====HB 1223====
House Bill 1223, titled "Public PreK-12 Educational Institution and Instruction Requirements", was sponsored by Representative Adam Anderson and co-sponsored by Reps. Jessica Baker , Douglas Michael Bankson , Dean Black , Randy Fine, and Spencer Roach. It was filed on February 28, 2023 and on March 14, the Choice & Innovation Subcommittee found it favorable with a committee substitute and referred CS/HB 1223 to the Education & Employment Committee. Its original filing and that of HB 1069 differed, but various parts of HB 1223 were similar and in some cases identical to SB 1320 "Child Protection in Public Schools" by Sen. Clay Yarborough. HB 1223 was effectively merged with HB 1069.
In summary, the original filing of HB 1223 proposed:
*Section 1: A specific definition of "sex" in public education.
*Section 2: Prohibitions regarding personal titles and pronouns and making a policy that pronouns "correspond to" sex.
*Section 3: Expanding the ban on instruction about gender identity or sexual orientation to prekindergarten through grade 8.
*Section 4: Prohibiting instruction on gender identity and sexual orientation in private and public prekindergartens.
====SB 1320====
Senate Bill 1320, titled "Child Protection in Public Schools", was sponsored by Senator Clay Yarborough and co-sponsored by Sen. Keith Perry. It was filed on March 1, 2023 and found favorable (with committee substitute) along party lines in its first committee stop, Education Pre-K-12 on March 20. CS/SB 1320 was then referred to Fiscal Policy. Various parts of the original filing were similar and in some cases identical to the original filings of HB 1069 "Education" by Rep. Stan McClain and HB 1223 "Public PreK-12 Educational Institution and Instruction Requirements" by Rep. Adam Anderson; others were specific to this bill.
In summary, the original filing of SB 1320 proposed:
*Section 1: A specific definition of "sex" in public education.
*Section 2: Prohibitions regarding personal titles and pronouns and making a policy that pronouns "correspond to" sex.
*Section 3: Expanding the ban on instruction about gender identity or sexual orientation to prekindergarten through grade 8.
*Section 4: Changing the process of approving materials to teach reproductive health and disease from the current (annually, by school boards, in an open, noticed public meeting) to the Department of Education.
*Section 5: Health education and instruction regarding AIDS and STIs must teach a specific definition of biologically determined "sex" based on "reproductive roles" that are "binary, stable, and unchangeable." The Department of Education must approve materials used.
*Section 6: Making it easier to object to books and other media materials in school libraries and classrooms, and requiring that the materials be removed until the objection is resolved.
====2023-03-14, House Choice & Innovation Subcommittee====
HB 1223's first stop was the House of Representatives Choice & Innovation Subcommittee meeting on March 14, 2023. An amendment by sponsor Rep. Anderson was adopted, while another by Rep. Rita Harris failed. Her amendment would have removed and replaced Section 2 on pronouns and titles with language reiterating parental rights regarding education, upbringing, and moral or religious training of their child, along with the right of parents to give written notification of what titles or pronouns should be used to address their student. All of the Republican members (including bill co-sponsors Reps. Baker, Bankson, and Roach) voted yea on CS/HB 1223, along with Rep. Lisa Dunkley , while the four other Democratic members voted nay.
Three Democratic members and no Republican members asked questions about the bill during that portion of the meeting. Rep. Susan Valdés , "playing devil's advocate" and a former school board member, asked whether a teacher who received a parent's voluntary request to use their child's pronouns would be permitted to use them; Anderson said the teacher would be prohibited because it would "not be appropriate" for the other students in the class and the rights of their parents. Valdés also asked about how the bill may impact the education of elementary school students beginning puberty, and Anderson said his bill would not change that.
Rep. Angie Nixon asked Anderson if he had questioned all parents, had spoken with parents of students with [preferred] pronouns, if he could point to specific examples of students learning about sexual orientation, gender identity, and gender expression. Anderson claimed that the prior December, the Department of Education found 12 districts with violations of the "current Parental Rights Acts" [sic]. Rep. Nixon's further questions included the specific numbers of classrooms, rather than entire counties or districts with violations; if he was concerned about how queer children are already four times more likely to commit suicide and his bill may increase it; and about trans employees and staff. Anderson said children "that maybe have discomfort or are confused about their sexual identity" are treated with "respect and dignity" and that the bill would address "forcing" someone to use another's pronouns.
Rep. Kevin Chambliss asked if the bill addressed how teachers should respond to a student requesting a specific pronoun that did not "correspond to their biological sex"; Anderson said it did not prohibit students from using preferred pronouns with other students or teachers with other teachers. In presenting his amendment, Rep. Anderson referred to intersex children as "children that may suffer from genetic disorders". He claimed that "opponents of this bill, especially the media, would like you to believe a manufactured narrative about what this legislation is seeking to do" and it was really about "letting our kids be kids".
During public testimony, multiple people said that the bill was fascist, infringed upon parental rights, harmed students, and would lead to further loss of lives. In debate, Rep. Nixon gave a passionate speech in opposition to the bill, especially regarding the issue of LGBTQ+ youth suicide, as the sister of someone who died by suicide and as the mother of a queer child. Rep. Chambliss also became tearful regarding youth suicide.
Rep. Fabián Basabe —who claimed to use the pronouns love, loves, love self and to "identify first as a parent"—said the bill was being interpreted as targeting people when it did not; according to Basabe, nobody in the legislative body wished to harm children. Rep. Doug Bankson , a co-sponsor of the bill, shared an anecdote about a 10-year-old allegedly in tears over being told by a teacher that she had to affirm transgender students or it was a federal offense. In closing, Rep. Anderson said that teachers would be protected by the bill; since teachers would not be required to use a students' pronouns, they would be protected from being fired for refusing to do so. After the committee voted in favor of the bill, a vocal outburst from members of the public resulted in shutting off the audio feed.
====2023-03-15, House Education Quality Subcommittee====
HB 1069 was temporarily postponed on March 10 and then heard on March 15, 2023 in the House of Representatives Education Quality Subcommittee. All votes on the bill were along party lines, with Republican members voting yea and Democratic members voting nay. Bill sponsor Rep. Stan McClain said it built on legislation passed in the previous year to increase parental scrutiny of books and other instructional materials, its intent was to bring uniformity to sex education across Florida by allowing the Department of Education (DOE) to make the final determinations about materials, and it provided more ways for parents to object to books and other materials. He said it was not true that book bans are taking place.
Rep. Ashley Gantt , a former public middle and high school teacher, noted that menstrual onset could occur when a student is in 4th or 5th grade and asked if the bill's limitation on human sexuality instruction to grades 6 through 12 would prohibit conversations about menstruation in younger grades; McClain confirmed in a two-word answer: "It would." Responding to Rep. Gantt's questioning if the intent of certain lines was to make it possible for one parent to determine what materials were accessible to all students in a class or school, and McClain agreed that could take place. Rep. Christopher Benjamin , the Democratic Ranking Member, asked if the legislature would give the DOE criteria to use to create uniformity; McClain believed the intent was already clear.
Bill sponsor McClain filed multiple amendments that were adopted. On his final amendment and responding to Rep. Gantt, he answered there would not be limits to how many objections a parent could make in a year, that the school board would bear the burden of attorney's fees, and that there were no fiscal provisions to provide school boards with the ability to cover costs and expenses without taking money from others such as teachers' and support staffs' salaries. Rep. Gantt's offered an amendment for materials to "be unavailable to the student of the parent who filed such objection until the objection is resolved", rather than one person making materials unavailable to all students. Rep. Randy Fine had a back-and-forth with Gantt about what he called "government schools" or a "school run by the government," a description that he said did not apply to all public schools. Three hands were raised to require a roll call vote, which failed along party lines. 
In public testimony, proponents disputed the "book ban" description and said the bill protected children's innocence. Multiple people asked about unclear language and a lack of definitions, such as what constituted "instructional material", and expressed fears about health, safety, and life. A Monroe County School Board member said that training on the prior year's bill said "school districts are supposed to err on the side of caution" and the resulting fear was causing "mayhem". One of the parents called out Rep. Fine, "who keeps laughing at every queer person that comes up here, openly," and was scolded by the chair to "be respectful"; the chair also spoke up to say a student's testimony was incorrect about the bill being a companion bill to HB 1557.
In debate, Rep. Mike Beltran claimed that the bill was correct about sex and he had never heard any legislators make derogatory remarks about any group. Rep. Brad Yeager argued against including intersex people in the definition of sex, saying they were less than 99.9% of the population and sex was otherwise binary. Rep. Fine claimed that people on "the other side" had shared his belief that "only girls can have periods", characterized opponents as making "silly argument on a bill that doesn't exist", and that the broad question of book banning was "intellectually dishonest" and "intellectually bankrupt".
In closing, sponsor McClain contradicted his prior answer about menstruation by saying puberty fell into "human growth development" currently taught in grades 4-5 while human sexuality was in grades 6-12. He said various opposing points were "misinformation" and that "this idea that book banning is taking place and all of that is a myth and is not true". According to McClain, only 23 of 67 school districts reported how many books they had removed in 2022, but of those 23 districts: 175 books were removed, 164 of those 175 were removed from media centers, and 157 of those 175 were removed "because they were either pornographic, or they were violent, or they were not age appropriate."
====2023-03-20, Senate Committee on Education Pre-K-12====
SB 1320's first stop was the Senate Committee on Education Pre-K-12 on March 20, 2023. All votes on the bill were along party lines, with Republican members (including bill sponsor Sen. Yarborough and co-sponsor Sen. Perry) voting yea and Democratic members voting nay.
====2023-03-23, House Education & Employment Committee====
CS/HB 1069 went to the House of Representatives Education & Employment Committee on March 23, 2023. All votes on the bill were along party lines, with Republican members (including bill sponsor Rep. McClain and co-sponsor Chair Massullo) voting yea and Democratic members voting nay.
===Positions on bills in 2023===
====Supporters====
Legislators speaking in favor of the bills included:
*Rep. Fabián Basabe 
*Rep. Mike Beltran 
Representing themselves or organizations at committee hearings, the following waived in support or provided public testimony as proponents of the bills: These members of the public were:
*Americans for Prosperity
*Barney Bishop Consulting LLC
*Christian Family Coalition
*County Citizens Defending Freedom-Polk County (CCDF-Polk County)
*Florida Citizens Alliance
*Florida Conference of Catholic Bishops
*Florida Ethics and Religious Liberty Commission
*Florida Family Policy Council
*Florida Smart Justice Alliance	
*Gays Against Groomers
*Hispanic American Diabetes Foundation
*Moms for Liberty
*Parental Rights Florida
*Single-digit numbers of individuals, if any, including January Littlejohn
====Opponents====
Legislators vocally opposing the bills in the legislature included:
*Rep. Anna Eskamani
*Rep. Ashley Gantt 
*Rep. Jennifer "Rita" Harris 
*Rep. Dottie Joseph 
*Rep. Angie Nixon
*Rep. Michele Rayner-Goolsby who is openly queer
*Rep. Susan Valdés , Democratic Ranking Member of the Choice & Innovation Subcommittee
*Rep. Marie Woodson
*Sen. Robin Bartleman
*Sen. Lori Berman
*Sen. Lauren Book , Minority (Democratic) Leader
*Sen. Shevrin Jones, who is openly gay
*Sen. Jason Pizzo 
The following Republicans voted no on the bill in the final floor votes:
*Rep. Demi Busatta Cabrera 
*Rep. William Cloud "Will" Robinson, Jr. 
Representing themselves or organizations at committee hearings, the following waived to oppose or provided public testimony as opponents of the bills. These members of the public were:
*AIDS Healthcare Foundation (AHF)
*American Civil Liberties Union of Florida (ACLU of Florida)
*American Atheists
*Brevard Dem Women's Club 
*Broward Teachers Union
*Equality Florida
*Faith in Public Life
*Florida Alliance of Planned Parenthood Affiliates
*Florida Education Association (FEA)
*Florida Freedom to Read Project
*Florida National Organization for Women (FL NOW)
*Florida PTA
*Florida Rising
*Fund Education Now
*Guardians for Public Schools
*Gulf Coast LGBTQ+ Center
*Highlands County Education Association
*League of Women Voters	
*National Latina Institute for Reproductive Justice Florida
*New College of Florida
*One Orlando Alliance
*Rainbow SemDems
*PRISM FL, Inc.
*Southern Poverty Law Center Action Fund (SPLC Action Fund)
*State Innovation Exchange Action
*Unidos US
*United Church of Gainesville
*Volusia United Educators
*Women's Voices of Southwest Florida (Women's Voices of SWFL)
*Working Family Lobby Corps
*Over one hundred individuals, including educators, parents, LGBTQ+ students, and students with LGBTQ+ parents
===State Board of Education===
On March 16, 2023, the Florida Administrative Register published a proposed rule for the State Board of Education that would expand the effects of "Don't Say Gay" using the Principles of Professional Conduct for the Education Profession in Florida instead of the Florida Statutes, which depend on the state legislature passing bills. It requires that educators, in addition to the state statutory limitations on kindergarten through grade 8: "Shall not intentionally provide classroom instruction to students in prekindergarten through grade 3 on sexual orientation or gender identity" and "Shall not intentionally provide classroom instruction to students in grades 4 through 12 on sexual orientation or gender identity unless such instruction is either expressly required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student's parent has the option to have his or her student not attend." Educators who violate the rule could be suspended or have their teaching licenses revoked.
The seven members of the State Board of Education were appointed by DeSantis or by former governor Rick Scott, including Education Commissioner Manny Diaz, Jr., a former state senator who was appointed by DeSantis in 2022. On April 19, 2023, the board passed the rule.
==Impacts==
Before the Parental Rights in Education law took effect on July 1, 2022, it inspired other states to propose similar measures, including five Southern states that passed them. In Florida, it has had the chilling effect that activists previously warned about. The Leon County School Board approved a new "LGBTQ Inclusive School Guide" that would alert parents if their child is in a PE class or overnight school trip with another student who is "open about their gender identity". Palm Beach County removed the books I Am Jazz and Call Me Max from circulation and asked staff to flag course material or books with LGBTQ references. In Orange County, teachers were reportedly warned to avoid wearing rainbow items, remove pictures of same-sex spouses, and take down LGBTQ safe space stickers. Lake County cited the law as the reason it removed the picture book And Tango Makes Three, based on the true story of two male penguins incubating an egg and raising a chick together at the Central Park Zoo. The Miami-Dade County School Board decided that LGBTQ History Month would not be recognized in October 2022. In that month, the State Board of Education approved a rule that would potentially revoke the licenses of kindergarten through grade 3 teachers who allegedly provided instruction in sexual orientation or gender identity.
==Resources==
===Legislation-related===
===News reports===
See the article references for more.
==Notes==
===Footnotes===
===Legislators===
==References==