Florida Statutes
Fla. Stat. § 1003.46 (2025)
Health education; instruction in acquired immune deficiency syndrome.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2008–2024 · leading case: Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty., 571 F. Supp. 2d 1257 (S.D. Fla. 2008).
Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty., 571 F. Supp. 2d 1257 (S.D. Fla. 2008). “Fla. Stat. § 1003.46 . SBOC, however, does not clarify how recognizing the GSA as a non-curricular student group would compromise its abstinence only program.”
Wood v. Florida Dep't of Educ. (N.D. Fla. 2024). “(setting out coursework requirements for standard high school diploma) and § 1003.46, Fla. Stat. (setting out standards for health education and instruction about AIDS).”
— 1003.46(2)(a) — 1 case
Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty., 571 F. Supp. 2d 1257 (S.D. Fla. 2008). “Fla. Stat. § 1003.46 . SBOC, however, does not clarify how recognizing the GSA as a non-curricular student group would compromise its abstinence only program.”
— 1003.46(2)(b) — 1 case
Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty., 571 F. Supp. 2d 1257 (S.D. Fla. 2008). “Fla. Stat. § 1003.46 . SBOC, however, does not clarify how recognizing the GSA as a non-curricular student group would compromise its abstinence only program.”
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