Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1272
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Gruters) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (7) of section 1000.05,
    6  Florida Statutes, is redesignated as subsection (8), a new
    7  subsection (7) is added to that section, and paragraphs (a),
    8  (b), (c), and (e) of subsection (2) are amended, to read:
    9         1000.05 Discrimination against students and employees in
   10  the Florida K-20 public education system prohibited; equality of
   11  access required.—
   12         (2)(a) Discrimination on the basis of race, ethnicity,
   13  national origin, gender, disability, religion, or marital status
   14  against a student or an employee in the state system of public
   15  K-20 education is prohibited. No person in this state shall, on
   16  the basis of race, ethnicity, national origin, gender,
   17  disability, religion, or marital status, be excluded from
   18  participation in, be denied the benefits of, or be subjected to
   19  discrimination under any public K-20 education program or
   20  activity, or in any employment conditions or practices,
   21  conducted by a public educational institution that receives or
   22  benefits from federal or state financial assistance.
   23         (b) The criteria for admission to a program or course shall
   24  not have the effect of restricting access by persons of a
   25  particular race, ethnicity, national origin, gender, disability,
   26  religion, or marital status.
   27         (c) All public K-20 education classes shall be available to
   28  all students without regard to race, ethnicity, national origin,
   29  gender, disability, religion, or marital status; however, this
   30  is not intended to eliminate the provision of programs designed
   31  to meet the needs of students with limited proficiency in
   32  English, gifted students, or students with disabilities or
   33  programs tailored to students with specialized talents or
   34  skills.
   35         (e) Guidance services, counseling services, and financial
   36  assistance services in the state public K-20 education system
   37  shall be available to students equally. Guidance and counseling
   38  services, materials, and promotional events shall stress access
   39  to academic and career opportunities for students without regard
   40  to race, ethnicity, national origin, gender, disability,
   41  religion, or marital status.
   42         (7)A public K-20 educational institution must treat
   43  discrimination by students or employees or resulting from
   44  institutional policies motivated by anti-Semitic intent in an
   45  identical manner to discrimination motivated by race. For
   46  purposes of this section, the term “anti-Semitism” includes a
   47  certain perception of the Jewish people, which may be expressed
   48  as hatred toward Jewish people, rhetorical and physical
   49  manifestations of anti-Semitism directed toward a person, his or
   50  her property, or toward Jewish community institutions or
   51  religious facilities.
   52         (a)Examples of anti-Semitism include:
   53         1.Calling for, aiding, or justifying the killing or
   54  harming of Jews, often in the name of a radical ideology or an
   55  extremist view of religion.
   56         2.Making mendacious, dehumanizing, demonizing, or
   57  stereotypical allegations about Jews as such or the power of
   58  Jews as a collective, especially, but not exclusively, the myth
   59  about a world Jewish conspiracy or of Jews controlling the
   60  media, economy, government, or other societal institutions.
   61         3.Accusing Jews as a people of being responsible for real
   62  or imagined wrongdoings committed by a single Jewish person or
   63  group, the State of Israel, or even for acts committed by non
   64  Jews.
   65         4.Accusing Jews as a people or the State of Israel of
   66  inventing or exaggerating the Holocaust.
   67         5.Accusing Jewish citizens of being more loyal to Israel,
   68  or the alleged priorities of Jews worldwide, than to the
   69  interest of their own nations.
   70         (b)Examples of anti-Semitism related to Israel include:
   71         1.Demonizing Israel by using the symbols and images
   72  associated with classic anti-Semitism to characterize Israel or
   73  Israelis, drawing comparisons of contemporary Israeli policy to
   74  that of the Nazis, or blaming Israel for all interreligious or
   75  political tensions.
   76         2.Applying a double standard to Israel by requiring
   77  behavior of Israel that is not expected or demanded of any other
   78  democratic nation, or focusing peace or human rights
   79  investigations only on Israel.
   80         3.Delegitimizing Israel by denying the Jewish people their
   81  right to self-determination and denying Israel the right to
   82  exist.
   84  However, criticism of Israel that is similar to criticism toward
   85  any other country may not be regarded as anti-Semitic.
   86         (c)Nothing in this subsection shall be construed to
   87  diminish or infringe upon any right protected under the First
   88  Amendment to the United States Constitution, or the State
   89  Constitution. Nothing in this subsection shall be construed to
   90  conflict with federal or state discrimination laws.
   91         Section 2. Subsection (7) of section 1002.20, Florida
   92  Statutes, is amended to read:
   93         1002.20 K-12 student and parent rights.—Parents of public
   94  school students must receive accurate and timely information
   95  regarding their child’s academic progress and must be informed
   96  of ways they can help their child to succeed in school. K-12
   97  students and their parents are afforded numerous statutory
   98  rights including, but not limited to, the following:
   99         (7) NONDISCRIMINATION.—All education programs, activities,
  100  and opportunities offered by public educational institutions
  101  must be made available without discrimination on the basis of
  102  race, ethnicity, national origin, gender, disability, religion,
  103  or marital status, in accordance with the provisions of s.
  104  1000.05.
  105         Section 3. This act shall take effect upon becoming a law.
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete everything before the enacting clause
  110  and insert:
  111                        A bill to be entitled                      
  112         An act relating to anti-Semitism; amending s. 1000.05,
  113         F.S.; prohibiting discrimination in the Florida K-20
  114         public education system based on religion; requiring
  115         public K-20 educational institutions to take into
  116         consideration anti-Semitism under certain instances of
  117         discrimination; defining the term “anti-Semitism”;
  118         providing an exception; providing construction;
  119         amending s. 1002.20, F.S.; conforming provisions to
  120         changes made by the act; providing an effective date.