Florida Senate - 2014                                     SB 188
       By Senator Hukill
       8-00025A-14                                            2014188__
    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
   43  read:
   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.
   58         (2)(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
  100  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
  115  prevention.
  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
  150  FERPA.
  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
  166  discontinued.
  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
  259  Blind.
  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.
  282  943.0542.
  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
  294  parent.
  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
  326  program.
  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.