Florida Senate - 2025 CS for CS for SB 1702 By the Appropriations Committee on Pre-K - 12 Education; the Committee on Education Pre-K - 12; and Senator Burgess 602-03441-25 20251702c2 1 A bill to be entitled 2 An act relating to education; amending s. 810.097, 3 F.S.; defining the term “school bus”; specifying 4 sufficient notice and prior warning for immediate 5 arrest and prosecution for school bus trespassing; 6 amending s. 901.15, F.S.; providing that a law 7 enforcement officer may arrest a person without a 8 warrant when there is probable cause to believe that 9 the person has trespassed upon school grounds or 10 facilities; amending s. 1002.42, F.S.; authorizing a 11 private school in a county that meets certain criteria 12 to construct new facilities on certain property; 13 specifying that such construction is not subject to 14 certain zoning or land use conditions; requiring such 15 construction to meet certain health and safety 16 requirements; amending s. 1002.33, F.S.; requiring a 17 charter school sponsor to use a standard monitoring 18 tool to monitor and review a charter school; amending 19 s. 1002.84, F.S.; authorizing the Redlands Christian 20 Migrant Association to use certain school readiness 21 reimbursement rates; amending s. 1003.4282, F.S.; 22 specifying that certain participation in marching band 23 satisfies the physical education or performing arts 24 credit requirement for a standard high school diploma; 25 amending s. 1011.71, F.S.; authorizing the use of 26 certain school district tax revenue for liability 27 insurance; requiring the Commissioner of Education to 28 coordinate with school districts selected by the 29 Department of Education to implement a policy for a 30 specified school year prohibiting the use of cell 31 phones while on school grounds or engaged in certain 32 activities off school grounds; requiring the 33 department to provide a report to the Legislature 34 before a specified date; providing requirements for 35 the report; requiring that the report include a model 36 policy that school districts and charter schools may 37 adopt; requiring that the report and model policy 38 address the authorized use of cell phones and 39 electronic devices during the school day by certain 40 students; requiring that the report include specified 41 student code of conduct provisions; providing an 42 effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Subsection (5) of section 810.097, Florida 47 Statutes, is amended, and subsection (6) is added to that 48 section, to read: 49 810.097 Trespass upon grounds or facilities of a school; 50 penalties; arrest.— 51 (5) As used in this section, the term: 52 (a) “School” means the grounds or any facility, including 53 school buses, of any kindergarten, elementary school, middle 54 school, junior high school, or secondary school, whether public 55 or nonpublic. 56 (b) “School bus” means any vehicle operated, owned, or 57 contracted by a school district for student transportation. 58 (6) For purposes of this section, a clearly posted sign or 59 a verbal warning provided by the school bus operator, the 60 principal, a school district employee, or law enforcement 61 personnel, indicating that unauthorized boarding or remaining on 62 a school bus is prohibited and violators will be prosecuted, 63 constitutes sufficient notice and satisfies the prior warning 64 requirement necessary for immediate arrest and prosecution of 65 any person who boards, enters, or remains upon a school bus 66 without authorization. 67 Section 2. Paragraph (g) is added to subsection (9) of 68 section 901.15, Florida Statutes, to read: 69 901.15 When arrest by officer without warrant is lawful.—A 70 law enforcement officer may arrest a person without a warrant 71 when: 72 (9) There is probable cause to believe that the person has 73 committed: 74 (g) Trespass upon school grounds or facilities, including 75 school buses as defined in s. 810.097(5)(b), in violation of 76 that section. 77 Section 3. Paragraph (c) is added to subsection (19) of 78 section 1002.42, Florida Statutes, to read: 79 1002.42 Private schools.— 80 (19) FACILITIES.— 81 (c) A private school located in a county with four 82 incorporated municipalities may construct new facilities, which 83 may be temporary or permanent, on property purchased from or 84 owned or leased by a library, community service organization, 85 museum, performing arts venue, theater, cinema, or church under 86 s. 170.201, which is or was actively used as such within 5 years 87 of any executed agreement with a private school; any land owned 88 by a Florida College System institution or university; and any 89 land recently used to house a school or child care facility 90 licensed under s. 402.305, under its preexisting zoning and land 91 use designations without rezoning or obtaining a special 92 exception or a land use change, and without complying with any 93 mitigation requirements or conditions. Any new facility must be 94 located on property used solely for purposes described in this 95 paragraph, and must meet applicable state and local health, 96 safety, and welfare laws, codes, and rules, including firesafety 97 and building safety. 98 Section 4. Paragraph (b) of subsection (5) of section 99 1002.33, Florida Statutes, is amended to read: 100 1002.33 Charter schools.— 101 (5) SPONSOR; DUTIES.— 102 (b) Sponsor duties.— 103 1.a. The sponsor shall monitor and review the charter 104 school, using the standard monitoring tool, in its progress 105 toward the goals established in the charter. 106 b. The sponsor shall monitor the revenues and expenditures 107 of the charter school and perform the duties provided in s. 108 1002.345. 109 c. The sponsor may approve a charter for a charter school 110 before the applicant has identified space, equipment, or 111 personnel, if the applicant indicates approval is necessary for 112 it to raise working funds. 113 d. The sponsor may not apply its policies to a charter 114 school unless mutually agreed to by both the sponsor and the 115 charter school. If the sponsor subsequently amends any agreed 116 upon sponsor policy, the version of the policy in effect at the 117 time of the execution of the charter, or any subsequent 118 modification thereof, shall remain in effect and the sponsor may 119 not hold the charter school responsible for any provision of a 120 newly revised policy until the revised policy is mutually agreed 121 upon. 122 e. The sponsor shall ensure that the charter is innovative 123 and consistent with the state education goals established by s. 124 1000.03(5). 125 f. The sponsor shall ensure that the charter school 126 participates in the state’s education accountability system. If 127 a charter school falls short of performance measures included in 128 the approved charter, the sponsor shall report such shortcomings 129 to the Department of Education. 130 g. The sponsor is not liable for civil damages under state 131 law for personal injury, property damage, or death resulting 132 from an act or omission of an officer, employee, agent, or 133 governing body of the charter school. 134 h. The sponsor is not liable for civil damages under state 135 law for any employment actions taken by an officer, employee, 136 agent, or governing body of the charter school. 137 i. The sponsor’s duties to monitor the charter school do 138 not constitute the basis for a private cause of action. 139 j. The sponsor may not impose additional reporting 140 requirements on a charter school as long as the charter school 141 has not been identified as having a deteriorating financial 142 condition or financial emergency pursuant to s. 1002.345. 143 k. The sponsor shall submit an annual report to the 144 Department of Education in a web-based format to be determined 145 by the department. 146 (I) The report shall include the following information: 147 (A) The number of applications received during the school 148 year and up to August 1 and each applicant’s contact 149 information. 150 (B) The date each application was approved, denied, or 151 withdrawn. 152 (C) The date each final contract was executed. 153 (II) Annually, by November 1, the sponsor shall submit to 154 the department the information for the applications submitted 155 the previous year. 156 (III) The department shall compile an annual report, by 157 sponsor, and post the report on its website by January 15 of 158 each year. 159 2. Immunity for the sponsor of a charter school under 160 subparagraph 1. applies only with respect to acts or omissions 161 not under the sponsor’s direct authority as described in this 162 section. 163 3. This paragraph does not waive a sponsor’s sovereign 164 immunity. 165 4. A Florida College System institution may work with the 166 school district or school districts in its designated service 167 area to develop charter schools that offer secondary education. 168 These charter schools must include an option for students to 169 receive an associate degree upon high school graduation. If a 170 Florida College System institution operates an approved teacher 171 preparation program under s. 1004.04 or s. 1004.85, the 172 institution may operate charter schools that serve students in 173 kindergarten through grade 12 in any school district within the 174 service area of the institution. District school boards shall 175 cooperate with and assist the Florida College System institution 176 on the charter application. Florida College System institution 177 applications for charter schools are not subject to the time 178 deadlines outlined in subsection (6) and may be approved by the 179 district school board at any time during the year. Florida 180 College System institutions may not report FTE for any students 181 participating under this subparagraph who receive FTE funding 182 through the Florida Education Finance Program. 183 5. For purposes of assisting the development of a charter 184 school, a school district may enter into nonexclusive interlocal 185 agreements with federal and state agencies, counties, 186 municipalities, and other governmental entities that operate 187 within the geographical borders of the school district to act on 188 behalf of such governmental entities in the inspection, 189 issuance, and other necessary activities for all necessary 190 permits, licenses, and other permissions that a charter school 191 needs in order for development, construction, or operation. A 192 charter school may use, but may not be required to use, a school 193 district for these services. The interlocal agreement must 194 include, but need not be limited to, the identification of fees 195 that charter schools will be charged for such services. The fees 196 must consist of the governmental entity’s fees plus a fee for 197 the school district to recover no more than actual costs for 198 providing such services. These services and fees are not 199 included within the services to be provided pursuant to 200 subsection (20). Notwithstanding any other provision of law, an 201 interlocal agreement or ordinance that imposes a greater 202 regulatory burden on charter schools than school districts or 203 that prohibits or limits the creation of a charter school is 204 void and unenforceable. An interlocal agreement entered into by 205 a school district for the development of only its own schools, 206 including provisions relating to the extension of 207 infrastructure, may be used by charter schools. 208 6. The board of trustees of a sponsoring state university 209 or Florida College System institution under paragraph (a) is the 210 local educational agency for all charter schools it sponsors for 211 purposes of receiving federal funds and accepts full 212 responsibility for all local educational agency requirements and 213 the schools for which it will perform local educational agency 214 responsibilities. A student enrolled in a charter school that is 215 sponsored by a state university or Florida College System 216 institution may not be included in the calculation of the school 217 district’s grade under s. 1008.34(5) for the school district in 218 which he or she resides. 219 Section 5. Subsection (17) of section 1002.84, Florida 220 Statutes, is amended to read: 221 1002.84 Early learning coalitions; school readiness powers 222 and duties.—Each early learning coalition shall: 223 (17)(a) Distribute the school readiness program funds as 224 allocated in the General Appropriations Act to each eligible 225 provider based upon the reimbursement rate by county, by 226 provider type, and by care level. All instructions to early 227 learning coalitions for distributing the school readiness 228 program funds to eligible providers shall emanate from the 229 department in accordance with the policies of the Legislature. 230 (b) All provider reimbursement rates shall be charged as 231 direct services pursuant to s. 1002.89. 232 233 Each early learning coalition and the Redlands Christian Migrant 234 Association with approved prior year provider reimbursement 235 rates for the infant to age 5 care levels that are higher than 236 the provider reimbursement rates established in this subsection 237 may continue to implement theiritsapproved prior year provider 238 reimbursement rates until the rates established in this 239 subsection exceed its prior year rates. 240 Section 6. Paragraph (f) of subsection (3) of section 241 1003.4282, Florida Statutes, is amended to read: 242 1003.4282 Requirements for a standard high school diploma.— 243 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT 244 REQUIREMENTS.— 245 (f) One credit in physical education.—Physical education 246 must include the integration of health. Participation in an 247 interscholastic sport at the junior varsity or varsity level for 248 two full seasons shall satisfy the one-credit requirement in 249 physical education. A district school board may not require that 250 the one credit in physical education be taken during the 9th 251 grade year. Completion of 2 years of marching band shall satisfy 252 the one-credit requirement in physical education or the one 253 credit requirement in performing arts. This credit may not be 254 used to satisfy the personal fitness requirement or the 255 requirement for adaptive physical education under an individual 256 education plan (IEP) or 504 plan. Completion of one semester 257 with a grade of “C” or better in a marching band class, in a 258 physical activity class that requires participation in marching 259 band activities as an extracurricular activity, or in a dance 260 class shall satisfy one-half credit in physical education or 261 one-half credit in performing arts. This credit may not be used 262 to satisfy the personal fitness requirement or the requirement 263 for adaptive physical education under an IEPindividual264education plan (IEP)or 504 plan. Completion of 2 years in a 265 Reserve Officer Training Corps (R.O.T.C.) class, a significant 266 component of which is drills, shall satisfy the one-credit 267 requirement in physical education and the one-credit requirement 268 in performing arts. This credit may not be used to satisfy the 269 personal fitness requirement or the requirement for adaptive 270 physical education under an IEP or 504 plan. 271 Section 7. Paragraph (b) of subsection (5) of section 272 1011.71, Florida Statutes, is amended to read: 273 1011.71 District school tax.— 274 (5) A school district may expend, subject to s. 200.065, up 275 to $200 per unweighted full-time equivalent student from the 276 revenue generated by the millage levy authorized by subsection 277 (2) to fund, in addition to expenditures authorized in 278 paragraphs (2)(a)-(j), expenses for the following: 279 (b) Payment of the cost of premiums, as defined in s. 280 627.403, for property and casualty insurance necessary to insure 281 school district educational and ancillary plants. As used in 282 this paragraph, casualty insurance has the same meaning as in s. 283 624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues 284 that are made available through the payment of property and 285 casualty insurance premiums from revenues generated under this 286 subsection may be expended only for nonrecurring operational 287 expenditures of the school district. 288 Section 8. (1) The Commissioner of Education shall 289 coordinate with six districts selected by the Department of 290 Education which represent two small, two medium, and two large 291 counties that currently implement, or will implement in the 292 2025-2026 school year, a policy that prohibits the use of cell 293 phones and other personal electronic devices by students during 294 the entire school day, while on school grounds, or while engaged 295 in school activities off school grounds during the school day. 296 The department shall provide a report to the President of the 297 Senate and the Speaker of the House of Representatives before 298 December 1, 2026, summarizing the effect of each district policy 299 on student achievement and behavior. The report must also 300 include a model policy that school districts and charter schools 301 may adopt. 302 (2) The report and model policy must address the authorized 303 use of cell phones or other electronic devices during the school 304 day by students: 305 (a) With disabilities or who are English Language Learners 306 who may need such electronic devices to access curriculum or 307 other required activities. 308 (b) When necessary for health reasons, for emergency 309 medical issues, or for natural or manmade disasters. 310 (c) On school buses, before or after school hours. 311 (d) Engaged in extracurricular activities outside of the 312 school day. 313 (3) The report must also include student code of conduct 314 provisions for violations of the policy restricting the use of 315 cell phones and other electronic devices, including, but not 316 limited to, those violations that: 317 (a) Constitute illegal behavior and may result in a 318 referral to law enforcement. 319 (b) Facilitate bullying, harassing, or threatening other 320 students. 321 (c) Facilitate cheating or otherwise violating a school’s 322 policy for academic integrity. 323 (d) Capture or display any picture or video of any student 324 during a medical issue or engaged in misconduct. 325 Section 9. This act shall take effect July 1, 2025.