[anon373839]

This is one of those times when legal English sounds like everyday English, but isn't. In this context, "factual" doesn't mean "proven true", but rather "of the category of issues that are factual in nature" (instead of legal in nature). The point here is that the factual bases Florida will offer in support of there being a compelling governmental interest are somewhat different (and probably better substantiated) than the factual bases California gave in Brown, for example.

The reason this matters is that the precedential effect of a prior opinion such as Brown depends on how similar the underlying facts are to the present dispute. If a court wants to go in a different direction, it will usually prefer not to overturn the previous opinion, but rather to say that it doesn't apply here because the facts are different.