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 their its approved 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 IEP individual
  264  education 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.