TALLAHASSEE—According to a new bill approved by the Florida House, school districts can't stop a book containing "materials harmful to minors" from being banned, even if it has scientific or artistic value.
The bill, which passed after nearly two hours of debate on Thursday, builds on a controversial 2022 law allowing Floridians to challenge books in schools they believe to be inappropriate for children.
Republican Rep. Doug Bankson argues that his measure, HB 1539, is designed to close a "loophole" allowing school districts to keep pornographic books on their shelves for their scientific, artistic, or political value.
"These are things that if I took a picture of one of these pages and sent it to a minor, I would go to federal prison," Bankson, from Apopka, said on the House Floor. "This has been called a book banning bill—no, it's a porn blocking bill."
Bankson was heartily supported by Republican Rep. Dana Trabulsy, who ripped into Hillsborough County for allegedly having 57 pornographic books on their school shelves in the past year.
"I think the county commissioners in Hillsborough County should be out of a job," Trabulsy insisted.
What Does the Bill Do?
HB 1539 prevents schools from retaining books with nudity or sexual content appealing to a "prurient, shameful, or morbid interest" or that could be deemed offensive to children per "prevailing standards."
And though it protects books needed for health courses, it prevents school districts from considering a book's literary, artistic, political, or scientific value as a basis for keeping it on the shelves if it contains harmful materials.
But Democrats vehemently opposed the bill, insisting that the measure will lead to censorship and the wrongful removal of books.
"The Diary of Anne Frank, The Perks of Being a Wallflower, The Kite Runner, The Handmaid's Tale, Harry Potter. These are some of the books that have been challenged and taken off of the shelves," said Rep. Rita Harris. "You can call this whatever you want to call it, but it's a book ban. We are banning books.
"When 5% of the parents in this state can decide what 95% of the parents will be able to allow their children to have access to in schools, we are ruling by a very small minority," Harris added.
PEN America, a group fighting book bans, reported that Florida was responsible for 73% of the books pulled from the nation’s schools in the second half of 2023—months after the initial bill was signed into law by Gov. Ron DeSantis.
Last session, the Florida Legislature signed a law limiting who could object to allegedly inappropriate books in schools, an apparent response to some Floridians contesting non-pornographic classics, including The Scarlet Letter, or books with prominent LGBTQ+ themes, like And Tango Makes Three, about a gay penguin couple.
The companion bill to HB 1539, which passed in an 81-29 Floor vote, has not moved in the Senate since its first committee at the beginning of session.
