News Articles
CS/Cs/HB 31 update- bill goes to Senate
Holmes County Times Advertiser, Apr 29, 2010
TALLAHASSEE — CS/CS/HB 31, co-introduced by State Reps. Brad Drake (R-Eucheeanna) and Greg Evers (R-Baker) last week passed the full Florida House of Representatives; the bill was passed Thursday evening by the Florida Senate.
CS/CS/HB 31 protects teachers, students and school personnel by prohibiting district school boards, administrative personnel and instructional personnel from infringing the constitutional free speech rights and religious freedoms protected by the First Amendment, according to a news release from Evers' office.
In an interview Drake, who represents Holmes and Washington counties, said the bill prohibits school boards and school district from entering into agreements like the one between The American Civil Liberties Union and the Santa Rosa School Board.
"They cannot take any affirmative action like in Santa Rosa County," Drake said. "They cannot enter into an agreement that takes away Constitutional rights. "They pretty much brokered away the rights of students, teachers and any others that worked for the school district."
Drake was highly critical of what he believed were basic rights of free speech rights taken away from citizens in Santa Rosa County.
"If someone started a prayer at a game, if the coach was a teacher he would have to leave and sign an agreement that he did not support that activity," Drake said. "If there was an injury at a game the coaches could not ever give the indication of prayer.
"That's not what our country was built on."
Drake said the Santa Rosa agreement is being appealed in federal court, and that HB 31 was designed to protect the other 66 counties in Florida from what happened to Santa Rosa County.
"If the bill becomes law the legislature will have done a great thing for 66 counties, but Santa Rosa County still carries the hurt from having its First Amendment rights taken away.
"One county out of 67 has lst its freedom - we can't let that happen to the others."
"The sole reason for this piece of legislation is to make sure that we do not have a repeat of what took place in the Santa Rosa School District," said Pastor Eddie Eaton, president of the Concerned American Patriots of Holmes County.
"It is indeed a sad day when you have to pass a piece of legislation to protect the rights of people. However, I believe that this issue is an original intent issue. What I mean by that is that our founding fathers never conceived the idea that this nation would ever put aside the issue of prayer or for that matter the Bible in schools.
"In fact for hundreds of years the Bible and prayer were as much a part of school as reading and writing were. But above everything else this is an inalienable right (God Given) therefore it falls right in line with the Constitution of the United States of America."
Eaton urges everyone to contact Gov. Charlie Crist and make sure he signs the bill!
The remainder of the press release from Rep. Evers' office:
The bill is designed to preempt future American Civil Liberties Union attacks on the First Amendment protections of freedom of speech, including religious speech, such as to the recent attack in Santa Rosa County that led to then-Pace High School Student Body President Mary Allen being censored and barred from speaking at her own high school graduation, as well as Pace High School Principal Frank Lay and Athletic Director Robert Freeman being charged with criminal contempt of court for offering a blessing at an adults-only event.
Representatives Evers and Drake amended CS/CS/HB 31 to protect Florida students, teachers and school personnel from facing future such threats to their constitutional exercise of their First Amendment religious speech freedoms.
"I am grateful to my colleagues in the House for passing this good bill, and I look forward to it being adopted by the Senate and sent to the Governor's desk for him to sign," said Drake. "Protecting the religious freedoms and constitutional rights of our citizens of Northwest Florida and across our state is critical to preserving our fundamental freedoms and our way of life. I could not be prouder of being a part of that effort."
Drake added, "Our smaller, rural school districts should not be faced with the impossible choice of expending precious education resources on legal fees instead of teacher salaries, on the one hand, or entering ‘voluntary' agreements with outrageous illegal terms to make frivolous lawsuits go away."
"HB-31 is a bill to stop the abuse of First Amendment rights by school officials who are forced to do so by a special interest group. Our Constitution and fundamental freedoms can't be controlled by special interests," said Evers. "When I was first elected to the House in 2001 by my fellow Northwest Floridians, I pledged to stand up for the rights and freedoms of my neighbors and all Floridians, and I believe that this good piece of legislation does just that."
"This bill has been extremely important – and even more personal – to me this session, and I am glad that Representative Drake and I were able to move it through the House successfully," said Evers. "My own sister is a teacher in Santa Rosa County who was prohibited under an agreement she never signed from bowing her head in silent prayer. Like her, I firmly believe that these kinds of things just can't happen in America. "
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