Florida Statute 1003.46 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1003
PUBLIC K-12 EDUCATION

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1003.46 Health education; instruction in acquired immune deficiency syndrome.—

(1) Each district school board may provide instruction in acquired immune deficiency syndrome education as a specific area of health education. Such instruction may include, but is not limited to, the known modes of transmission, signs and symptoms, risk factors associated with acquired immune deficiency syndrome, and means used to control the spread of acquired immune deficiency syndrome. The instruction shall be appropriate for the grade and age of the student and shall reflect current theory, knowledge, and practice regarding acquired immune deficiency syndrome and its prevention.

(2) Throughout instruction in acquired immune deficiency syndrome, sexually transmitted diseases, or health education, when such instruction and course material contains instruction in human sexuality, a school shall:

(a) Classify males and females as provided in s. 1000.21(7) and teach that biological males impregnate biological females by fertilizing the female egg with male sperm; that the female then gestates the offspring; and that these reproductive roles are binary, stable, and unchangeable.

(b) Teach abstinence from sexual activity outside of marriage as the expected standard for all school-age students while teaching the benefits of monogamous heterosexual marriage.

(c) Emphasize that abstinence from sexual activity is a certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, including acquired immune deficiency syndrome, and other associated health problems.

(d) Teach that each student has the power to control personal behavior and encourage students to base actions on reasoning, self-esteem, and respect for others.

(e) Provide instruction and material that is appropriate for the grade and age of the student.

The Department of Education must approve any materials used for instruction under this subsection.

History.—s. 139, ch. 2002-387; s. 5, ch. 2023-105; s. 80, ch. 2024-2.

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Amendments to 1003.46

Annotations, Discussions, Cases:

Cases Citing Statute 1003.46

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Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017).

Cited 66 times | Published | Court of Appeals for the Eleventh Circuit

...In any proceeding before an Immigration Judge concerning an abused alien child, the hearing and the Record of Proceeding, shall .be closed to the .public, (d)Proceedings before an Immigration Judge shall be closed to the public if information subject to a protective order under § 1003.46, which has been filed under seal pursuant to § 1003.31(d), may be considered, 8 C.F.R....

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Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty., 571 F. Supp. 2d 1257 (S.D. Fla. 2008).

Cited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 57803, 2008 WL 2941155

...y before engaging in sexual activity. 42 U.S.C. § 710(b)(2). The State of Florida also statutorily mandates abstinence to be a core feature of its instruction concerning the nature and transmission of acquired immune deficiency syndrome. Fla. Stat. § 1003.46....

...terosexuals. SBOC's abstinence only message, when directed towards heterosexual students, promotes health and safety by advocating abstinence as a means of preventing teenage pregnancy and sexually transmitted disease. See 42 U.S.C. § 710(b)(2)(C); § 1003.46(2)(b), Fla. Stat. SBOC's abstinence message encourages family stability and the welfare of children by promoting two-parent families with married spouses. See § 42 U.S.C. § 710(b)(2)(F); § 1003.46(2)(a), Fla....

...The abstinence only program also teaches that "a mutually faithful monogamous relationship in the context of marriage is the expected standard of human sexual activity." 42 U.S.C. § 710(b) (2)(D). These objectives are approved by Congress, supported by Florida law, and promoted by SBOC. See 42 U.S.C. § 710(b)(2); § 1003.46, Fla....

...Education concerning sexually transmitted disease contains curriculum relevant to heterosexuals and non-heterosexuals alike. However, an STD prevention curriculum reliant on abstinence outside of marriage does not provide information of a kind usable by non-heterosexuals to prevent disease. See § 1003.46, Fla....

...arily on a viewpoint of principles of right and wrong for its support. The prudence of SBOC's abstinence only is not at stake here and the program has received the imprimatur of Congress, the Florida legislature and SBOC. See 42 U.S.C. § 710(b)(2); § 1003.46, Fla....