Florida Senate - 2014 SB 188
By Senator Hukill
1 A bill to be entitled
2 An act relating to the use of biometric information;
3 amending s. 1002.01, F.S.; defining the term
4 “biometric information” as it relates to student and
5 parental rights and educational choices; amending s.
6 1002.20, F.S.; providing that parents have a right not
7 to have their children submit any form of biometric
8 information; providing that students have a right not
9 to submit any form of biometric information; providing
10 definitions; requiring each school district of a
11 public elementary, middle, and high school that
12 collects biometric information from students to
13 develop, adopt, and implement policies that govern
14 collection and use of the information; requiring each
15 school district of a public elementary, middle, and
16 high school that collects student biometric
17 information to disclose on its website and at school
18 locations the policies regarding collection and use of
19 student biometric information; requiring the school
20 district or the school to notify the student’s parent
21 or legal guardian or the student if there has been a
22 security breach regarding the student’s biometric
23 information; requiring the superintendent of a school
24 district to determine persons who may have access to
25 student biometric information; requiring school
26 districts and schools that collect biometric
27 information to ensure the security and protection of
28 such information; providing criminal penalties;
29 prohibiting a school district or a school from
30 refusing or denying a student services due to the
31 failure of the parent, legal guardian, or student to
32 provide written permission to collect biometric
33 information; requiring the collection of student
34 biometric information to comply with applicable state
35 and federal laws and requirements; amending ss.
36 1002.39, 1002.395, and 1002.421, F.S.; conforming
37 cross-references; providing an effective date.
39 Be It Enacted by the Legislature of the State of Florida:
42 Section 1. Section 1002.01, Florida Statutes, is amended to
44 1002.01 Definitions.—As used in this chapter, the term:
45 (1) “Biometric information” means information collected
46 from the noninvasive electronic measurement and evaluation of
47 any physical or behavioral characteristics that are attributable
48 to a single person, including fingerprint characteristics, hand
49 characteristics, eye characteristics, vocal characteristics,
50 facial characteristics, and any other physical characteristics
51 used for the purpose of electronically identifying that person
52 with a high degree of certainty. The biometric information may
53 be collected through a fingerprint or hand scan, a retina or
54 iris scan, voice print, or face geometry scan. Biometric
55 information collected from a student is an education record as
56 defined in the Family Educational Rights and Privacy Act
57 (FERPA), 20 U.S.C. s. 1232g.
(1) A “Home education program” means the sequentially
59 progressive instruction of a student directed by his or her
60 parent in order to satisfy the attendance requirements of ss.
61 1002.41, 1003.01(13), and 1003.21(1).
62 (3) (2) A “Private school” means is a nonpublic school
63 defined as an individual, association, copartnership, or
64 corporation, or department, division, or section of such
65 organizations, that designates itself as an educational center
66 that includes kindergarten or a higher grade or as an
67 elementary, secondary, business, technical, or trade school
68 below college level or any organization that provides
69 instructional services that meet the intent of s. 1003.01(13);
70 or that gives preemployment or supplementary training in
71 technology or in fields of trade or industry; or that offers
72 academic, literary, or career training below college level; , or
73 any combination of the above, including an institution that
74 performs the functions of these the above schools through
75 correspondence or extension, except those licensed under the
76 provisions of chapter 1005. A private school may be a parochial,
77 religious, denominational, for-profit, or nonprofit school. This
78 term definition does not include a home education program
79 programs conducted in accordance with s. 1002.41.
80 Section 2. Subsection (13) of section 1002.20, Florida
81 Statutes, is amended, and subsection (25) is added to that
82 section, to read:
83 1002.20 K-12 student and parent rights.—Parents of public
84 school students must receive accurate and timely information
85 regarding their child’s academic progress and must be informed
86 of ways they can help their child to succeed in school. K-12
87 students and their parents are afforded numerous statutory
88 rights including, but not limited to, the following:
89 (13) STUDENT RECORDS.—
90 (a) Parent rights.—Parents have rights regarding the
91 student records of their children, including right of access,
92 right of waiver of access, right to challenge and hearing, and
93 right of privacy, in accordance with the provisions of s.
94 1002.22. Parents also have a right not to have their children
95 submit any form of biometric information.
96 (b) Student rights.—In accordance with the provisions of s.
97 1008.386, a student is not required to provide his or her social
98 security number as a condition for enrollment or graduation. A
99 student is not required to submit any form of biometric
101 (25) STUDENT BIOMETRIC INFORMATION.—
102 (a) Definitions.—As used in this subsection, the term:
103 1. “Algorithmic process” means the comparison of a
104 previously stored template of a biometric scan against a person
105 being scanned for identification purposes to determine a match
106 in the system. The stored template is not a full replication of
107 the original biometric scan but is an encrypted pattern taken
108 from the original that can be compared to a submitted scan of a
109 person to identify a match.
110 2. “School district” means any of the 67 county school
111 districts in this state, including the respective district
112 school board.
113 3. “Written permission” means consent in writing to have a
114 student be biometrically scanned for identification or fraud
116 (b) Collection and use.—
117 1. The school district of each public elementary, middle,
118 and high school that collects student biometric information must
119 develop, adopt, and implement policies governing the collection
120 and use of such information which, at a minimum, must:
121 a. Contain a full explanation of what type of biometric
122 information is collected, how it is collected and stored, and
123 the purposes for which the information is used.
124 b. Require written permission from the student’s parent or
125 legal guardian, or the student if he or she is 18 years of age
126 or older, before the collection of any biometric information.
127 Each school that collects biometric information must give the
128 parent, legal guardian, or student if he or she is 18 years of
129 age or older written notice regarding the collection of the
130 biometric information at least 30 days before the date of
131 collection. The written permission must be obtained on a form
132 that is created for the express purpose of obtaining the
133 required permission. The granting of permission must not be
134 included as a part of any form used for enrollment purposes or
135 any form required by the school’s governing authority for any
136 other purpose.
137 c. Ensure that a student’s biometric information is used
138 only for identification or fraud prevention purposes.
139 d. Ensure that a student’s biometric information is not
140 disclosed to a third party without the written permission of the
141 student’s parent or legal guardian, or the student if he or she
142 is 18 years of age or older, except in accordance with and as
143 permitted by s. 1002.221 or the Family Educational Rights and
144 Privacy Act (FERPA), 20 U.S.C. s. 1232g.
145 e. Ensure that a student’s biometric information is not
146 disclosed to another state, federal, or contractual entity
147 without the written permission of the student’s parent or legal
148 guardian, or the student if he or she is 18 years of age or
149 older, except in accordance with and permitted by s. 1002.221 or
151 f. Provide for the secure storage and secure transmission
152 of all biometric information and for the protection of the
153 information from unauthorized disclosure.
154 g. Require that a student’s biometric information be
155 encrypted for the purpose of transforming data into a pattern in
156 which there is a low probability of assigning meaning to such
157 information without the use of a confidential process or key.
158 h. Ensure that the use of a student’s biometric information
159 is discontinued within 30 days after:
160 (I) The student’s graduation or withdrawal from school; or
161 (II) Receipt of a written request to discontinue use of the
162 information from the student’s parent or legal guardian, or the
163 student if he or she is 18 years of age or older.
164 i. Require that a student’s biometric information be
165 destroyed within 30 days after the use of the information is
167 2. Each school district of a school that collects biometric
168 information from students shall disclose on its website and at
169 the school’s location the policies regarding the collection of
170 biometric information as the collection applies to students
171 attending or planning on attending the school.
172 3. If there is a security breach of a student’s biometric
173 information, the school district or the school shall notify the
174 student’s parent or legal guardian, or the student if he or she
175 is 18 years of age or older, within 30 days after the breach.
176 4. The superintendent of the school district, or his or her
177 designee, shall determine the persons who may electronically
178 have access to student biometric information based on the needs
179 of the school district. Authorized persons must be kept at the
180 minimum number of people needed to perform the daily
181 responsibilities and tasks of maintaining and using the
182 biometric information. Each school district of a school that
183 collects student biometric information must:
184 a. Ensure that all biometric information is secure;
185 confidential in accordance with s. 1002.221 and FERPA; not
186 compromised; and protected against fraud and unauthorized access
187 or use; and
188 b. Maintain student biometric information in a manner that
189 only authorized persons may electronically access.
191 The unauthorized use of a student’s biometric information is
192 punishable as provided in s. 775.082, s. 775.083, or s. 817.568.
193 5. A school district or school may not refuse or deny a
194 student any services due to the failure of the student’s parent
195 or legal guardian, or the student if he or she is 18 years of
196 age or older, to provide written permission.
197 6. Collection and maintenance of biometric information from
198 students must comply with all applicable state and federal laws
199 and requirements, including s. 1002.221 and FERPA.
200 Section 3. Subsection (3) of section 1002.39, Florida
201 Statutes, is amended to read:
202 1002.39 The John M. McKay Scholarships for Students with
203 Disabilities Program.—There is established a program that is
204 separate and distinct from the Opportunity Scholarship Program
205 and is named the John M. McKay Scholarships for Students with
206 Disabilities Program.
207 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
208 not eligible for a John M. McKay Scholarship:
209 (a) While he or she is enrolled in a school operating for
210 the purpose of providing educational services to youth in
211 Department of Juvenile Justice commitment programs;
212 (b) While he or she is receiving a Florida tax credit
213 scholarship under s. 1002.395;
214 (c) While he or she is receiving an educational scholarship
215 pursuant to this chapter;
216 (d) While he or she is participating in a home education
217 program as defined in s. 1002.01 s. 1002.01(1);
218 (e) While he or she is participating in a private tutoring
219 program pursuant to s. 1002.43;
220 (f) While he or she is participating in a virtual school,
221 correspondence school, or distance learning program that
222 receives state funding pursuant to the student’s participation
223 unless the participation is limited to no more than two courses
224 per school year;
225 (g) While he or she is enrolled in the Florida School for
226 the Deaf and the Blind;
227 (h) While he or she is not having regular and direct
228 contact with his or her private school teachers at the school’s
229 physical location; or
230 (i) If he or she has been issued a temporary 504
231 accommodation plan under s. 504 of the Rehabilitation Act of
232 1973 which is valid for 6 months or less.
233 Section 4. Paragraph (g) of subsection (2) and subsection
234 (4) of section 1002.395, Florida Statutes, are amended to read:
235 1002.395 Florida Tax Credit Scholarship Program.—
236 (2) DEFINITIONS.—As used in this section, the term:
237 (g) “Eligible private school” means a private school, as
238 defined in s. 1002.01 s. 1002.01(2), located in this state
239 Florida which offers an education to students in any grades K-12
240 and that meets the requirements in subsection (8).
241 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
242 a scholarship while he or she is:
243 (a) Enrolled in a school operating for the purpose of
244 providing educational services to youth in Department of
245 Juvenile Justice commitment programs;
246 (b) Receiving a scholarship from another eligible nonprofit
247 scholarship-funding organization under this section;
248 (c) Receiving an educational scholarship pursuant to
249 chapter 1002;
250 (d) Participating in a home education program as defined in
251 s. 1002.01 s. 1002.01(1);
252 (e) Participating in a private tutoring program pursuant to
253 s. 1002.43;
254 (f) Participating in a virtual school, correspondence
255 school, or distance learning program that receives state funding
256 pursuant to the student’s participation unless the participation
257 is limited to no more than two courses per school year; or
258 (g) Enrolled in the Florida School for the Deaf and the
260 Section 5. Subsection (2) of section 1002.421, Florida
261 Statutes, is amended to read:
262 1002.421 Accountability of private schools participating in
263 state school choice scholarship programs.—
264 (2) A private school participating in a scholarship program
265 must be a Florida private school as defined in s. 1002.01 s.
266 1002.01(2), must be located in this state, must be registered in
267 accordance with s. 1002.42, and must:
268 (a) Comply with the antidiscrimination provisions of 42
269 U.S.C. s. 2000d.
270 (b) Notify the department of its intent to participate in a
271 scholarship program.
272 (c) Notify the department of any change in the school’s
273 name, school director, mailing address, or physical location
274 within 15 days after the change.
275 (d) Complete student enrollment and attendance verification
276 requirements, including use of an online attendance verification
277 form, before prior to scholarship payment.
278 (e) Annually complete and submit to the department a
279 notarized scholarship compliance statement certifying that all
280 school employees and contracted personnel with direct student
281 contact have undergone background screening pursuant to s.
283 (f) Demonstrate fiscal soundness and accountability by:
284 1. Being in operation for at least 3 school years or
285 obtaining a surety bond or letter of credit for the amount equal
286 to the scholarship funds for any quarter and filing the surety
287 bond or letter of credit with the department.
288 2. Requiring the parent of each scholarship student to
289 personally restrictively endorse the scholarship warrant to the
290 school. The school may not act as attorney in fact for the
291 parent of a scholarship student under the authority of a power
292 of attorney executed by such parent, or under any other
293 authority, to endorse scholarship warrants on behalf of such
295 (g) Meet applicable state and local health, safety, and
296 welfare laws, codes, and rules, including:
297 1. Firesafety.
298 2. Building safety.
299 (h) Employ or contract with teachers who hold baccalaureate
300 or higher degrees, have at least 3 years of teaching experience
301 in public or private schools, or have special skills, knowledge,
302 or expertise that qualifies them to provide instruction in
303 subjects taught.
304 (i) Require each employee and contracted personnel who has
305 with direct student contact, upon employment or engagement to
306 provide services, to undergo a state and national background
307 screening, pursuant to s. 943.0542, by electronically filing
308 with the Department of Law Enforcement a complete set of
309 fingerprints taken by an authorized law enforcement agency or an
310 employee of the private school, a school district, or a private
311 company who is trained to take fingerprints and deny employment
312 to or terminate an employee if he or she fails to meet the
313 screening standards under s. 435.04. Results of the screening
314 shall be provided to the participating private school. For
315 purposes of this paragraph:
316 1. The term An “employee or contracted personnel with
317 direct student contact” means any employee or contracted
318 personnel who has unsupervised access to a scholarship student
319 for whom the private school is responsible.
320 2. The costs of fingerprinting and the background check may
321 shall not be borne by the state.
322 3. Continued employment of an employee or contracted
323 personnel after notification that he or she has failed the
324 background screening under this paragraph shall cause a private
325 school to be ineligible for participation in a scholarship
327 4. An employee or contracted personnel holding a valid
328 Florida teaching certificate who has been fingerprinted pursuant
329 to s. 1012.32 is not required to comply with the provisions of
330 this paragraph.
331 Section 6. This act shall take effect July 1, 2014.