Lawmakers take another try at identifying what is ‘harmful to minors’
Florida Phoenix |
Access by children to library materials could be at stake.
A Florida House committee sent to the House floor a bill that would define how school library materials may be “harmful to minors,” building on a controversial 2023 law that led to removal of library books from schools based on objections from the public.
The House Education & Employment Committee approved HB 1119, its second and final committee, despite concerns from the public, some lawmakers, and advocacy groups that the bill may be used to eliminate books that discuss experiences of people in the LGBTQ community or stories depicting harsh realities. Others worried it could keep some students from being interested in reading.
The bill and its identical Senate companion would add to state law a definition of what is to be considered “harmful to minors.”
The definition the lawmakers propose: “any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it: predominantly appeals to prurient, shameful, or morbid interest; and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors.”
Supporters of the bill emphasized the need to keep “pornography” away from students in schools, especially considering the materials are paid for with tax dollars.
The bill ran aground last year amid concern it would prohibit schools from keeping material with literary, artistic, political, or scientific value if it also contains material “harmful to minors,” bucking the Miller Test — a Supreme Court test that protects otherwise obscene speech if it contains literary or artistic value.
The bill is sponsored by Rep. Doug Bankson, a Republican from Apopka. The identical Senate bill, SB 1692, is sponsored by Sen. Stan McClain, a Republican from Ocala. McClain sponsored the bill last session, but it died after First Amendment concerns emerged during its first committee hearing. This session, the Senate version has three committee assignments but has yet to be heard.
The proposal builds on a 2023 law that allows the public to challenge library materials they deem pornographic. That law has led to Florida making nationwide headlines for the number of books removed because of it. In 2024, lawmakers addressed overuse of the law, limiting non-parent members of the public from objecting to more than one library material per month.
“Contrary to inaccurate claims and misinformation that may be circulating, nothing in this legislation addresses banning classical literature or sexual orientation, gender identity, political views, religious issues, vulgarity, or bad language, violence, or gore. This bill solely addresses materials in public schools or school libraries for children that contain obscenity or, in more common terms, blatant pornographic and sexually explicit content,” Bankson said.
The list of public commenters, largely in opposition to the measure, was long enough that each of their speaking time was limited by the committee chair to 30 seconds.
Lawmakers questioned whether this bill and the existing law amount to a ban on books. Republicans emphasized that books unavailable in school libraries are likely to still be in public libraries or available for purchase at book stores. Countering, public commenters feared that it serves as essentially a ban for students without the resources to buy the book themself.
“This is not about book banning, it is an issue about what is age appropriate,” Rep. Kim Kendall, a Republican from St. Augustine, said.
Rep. Wallace Aristide, a Democrat from Miami, asked whether the bill would limit private school libraries. It would not.
“I don’t know still today what guides you’re going to use other than sexual arousal that will decide whether the book is going to be removed,” Rep. Yvonne Hinson, a Democrat from Gainesville said. “This is not constitutionally, we can’t even ask our teachers, libraries, or parents to use that as a guide to removing a book, especially if I got to remove it, I won’t be the one trying to figure out if it’s making me sexually aroused.”
Bankson’s re-election campaign website leaned on his experience having founded Victory Church World Outreach Center, a nondenominational Christian church in Apopka where he and his wife preach.
The 2023 law was deemed “overbroad and unconstitutional” last summer by a federal judge.
That law allowed for books to stay on shelves that were considered to have literary, artistic, political, or scientific value. Bankson and McClain’s proposal would prevent school boards from keeping books based on those values if they contain “harmful” content.
Last year, Sen. Carlos Guillermo Smith, a Democrat from Orlando, called the bill “censorship” that breeds “indoctrination into ignorance” and that book removals would rise in number.
The measure would provide a carve out for required health education course material. It would allow the state to withhold funding from districts that do not comply.
The bill passed 12-5, the five votes against were Democrats.
