CODING: Words stricken are deletions; words underlined are additions.House Bill 1309e3
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
A bill to be entitled
2
An act relating to student discipline and
3
school safety; amending s. 232.09, F.S.;
4
revising provisions relating to student
5
attendance responsibility and policy; creating
6
s. 232.0205, F.S.; requiring certain disclosure
7
at school registration and providing penalties
8
for willful nondisclosure; amending s. 232.01,
9
F.S.; revising compulsory school attendance
10
requirements to require children over age 16 to
11
file a formal declaration of intent to
12
terminate school enrollment in order to be
13
exempt from compulsory school attendance
14
requirements; amending s. 39.01, F.S.; revising
15
provisions regarding habitual truancy; amending
16
s. 228.041, F.S.; revising the definitions of
17
the terms "habitual truant" and "dropout";
18
amending s. 232.2462, F.S.; conforming
19
provisions; amending s. 414.125, F.S.;
20
providing Learnfare program requirements;
21
amending s. 232.17, F.S.; revising procedures
22
relating to enforcement of school attendance;
23
amending s. 232.19, F.S.; revising penalties
24
and court procedures relating to habitual
25
truancy; requiring each public school principal
26
to notify the district school board of students
27
who accumulate a specified number of unexcused
28
absences; authorizing the governing body of a
29
private school to provide such information to
30
the Department of Education; requiring that the
31
Department of Highway Safety and Motor Vehicles
1
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
withhold issuance of or suspend the driver's
2
license or learner's driver's license of a
3
student who fails to satisfy school attendance
4
requirements; requiring the Department of
5
Juvenile Justice, the Department of Children
6
and Family Services, and the school districts
7
to develop cooperative agreements for working
8
with habitual truants and their families;
9
providing for court-ordered parent training
10
classes and providing penalties for termination
11
of an employee required to attend such classes,
12
under certain circumstances; authorizing the
13
court to impose civil penalties on, or require
14
participation in community service or
15
counseling by, the child; amending s. 232.195,
16
F.S., relating to truancy activities upon
17
transfer of student, to conform; creating s.
18
232.197, F.S.; requiring notification to a
19
school of court action directly involving the
20
school; amending s. 232.2452, F.S.; revising
21
requirements relating to student report cards;
22
amending s. 232.25, F.S., relating to pupils
23
subject to control of school; providing for a
24
school child's daily conduct pledge; amending
25
s. 322.05, F.S., relating to the issuance of
26
driver's licenses; conforming provisions to
27
changes made by the act; amending s. 322.09,
28
F.S.; prohibiting the Department of Highway
29
Safety and Motor Vehicles from issuing a
30
driver's license or restricted license to a
31
person under a specified age who does not meet
2
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
requirements for school attendance and is not
2
otherwise exempt from such requirements;
3
creating s. 322.091, F.S.; providing that a
4
minor is not eligible for driving privileges
5
unless the minor is enrolled in school or a
6
home education program, has received a high
7
school diploma or certificate, is enrolled in
8
certain other educational activities, or
9
obtains a certificate of exemption or hardship
10
waiver; requiring the Department of Highway
11
Safety and Motor Vehicles to notify a minor
12
before the department suspends the minor's
13
driving privileges because of noncompliance
14
with school attendance requirements; providing
15
for a hardship waiver; providing for a hearing
16
before the public school principal or the
17
designee of the governing body of a private
18
school; providing for the department to
19
reinstate a minor's driving privileges
20
following compliance with school attendance
21
requirements for a specified period; requiring
22
the department to report to school districts on
23
students whose driving privileges are
24
suspended; amending s. 39.015, F.S., relating
25
to rulemaking regarding habitual truants, to
26
conform to the act; creating s. 230.235, F.S.;
27
requiring school districts to adopt a policy of
28
zero tolerance for crime, including criminal
29
substance abuse violations; amending s.
30
232.277, F.S.; requiring reporting and
31
notification of student substance abuse;
3
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
amending s. 790.115, F.S.; expanding offenses
2
that are punishable as possessing or
3
discharging weapons or firearms on school
4
property and providing a qualifier to an
5
exception from such offense; amending s.
6
230.23015, F.S.; clarifying provisions relating
7
to students who commit assault or battery on
8
school personnel; repealing s. 322.0601, F.S.,
9
relating to driver's licenses for minors;
10
creating s. 232.433, F.S.; requiring that the
11
Florida High School Activities Association or
12
successor organization adopt statewide uniform
13
safety standards for student cheerleaders;
14
amending s. 228.057, F.S.; requiring school
15
districts with a controlled open enrollment
16
program to afford preferred access to the
17
program to parents of students in multiple
18
session schools; providing intent; amending s.
19
39.045, F.S., relating to confidential
20
information about juvenile offenders, to
21
provide for disclosure to teachers; amending s.
22
948.03, F.S.; requiring a juvenile in a
23
community control program to attend a public
24
adult education program or dropout prevention
25
program if available unless an exception is
26
made by the principal; requiring disclosure of
27
certain information if a juvenile attends a
28
regular educational school program; providing
29
effective dates.
30
31
4
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
WHEREAS, the primary focus of the 1997 Legislature is
2
education, and
3
WHEREAS, in the first month of the 1997 session, the
4
Legislature has passed two major components of its education
5
agenda, the first of which raises student academic standards
6
across the board and the second of which provides for
7
better-educated and better-prepared teachers, and
8
WHEREAS, a third major component of the 1997
9
legislative education agenda is student discipline and school
10
safety, and
11
WHEREAS, it is the intent of the Legislature to raise
12
the standards of student discipline and school safety as
13
dramatically as it has raised student academic and teacher
14
certification standards, NOW, THEREFORE,
15
16
Be It Enacted by the Legislature of the State of Florida:
17
18
Section 1. Section 232.09, Florida Statutes, is
19
amended to read:
20
232.09 Parents and legal guardians responsible for
21
attendance of children; attendance policy.--
22
(1) The Legislature finds:
23
(a) It is essential that our children receive an
24
education.
25
(b) Failure to attend school in a regular and timely
26
fashion hinders the education process.
27
(c) Truancy and poor school performance have a direct
28
relationship to juvenile delinquency and destructive behavior.
29
(d) A disproportionate percentage of juvenile crime
30
occurs when juveniles should be in school.
31
5
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(e) Parents and guardians must be responsible, within
2
reason, for sending their children to school.
3
(f) If a juvenile refuses to attend school or a parent
4
or guardian refuses to compel the child to attend school,
5
there must exist an efficient and expedient process to enforce
6
attendance laws.
7
(2) Each parent and legal guardian of a child within
8
the compulsory attendance age is shall be responsible for the
9
such child's school attendance as required by law. The
10
absence of a child from school is shall be prima facie
11
evidence of a violation of this section; however, no criminal
12
prosecution may not shall be brought against a parent,
13
guardian, or other person having control of the child until
14
the provisions of s. 232.17(2)(c) have been complied with. A
15
No parent or guardian of a child is not shall be held
16
responsible for the such child's nonattendance at school under
17
any of the following conditions:
18
(a)(1) With permission.--The absence was with
19
permission of the head of the school; or
20
(b)(2) Without knowledge.--The absence was without the
21
parent's knowledge, consent, or connivance, in which case the
22
child shall be dealt with as a dependent child; or
23
(c)(3) Financial inability.--The parent was unable
24
financially to provide necessary clothes for the child, which
25
inability was reported in writing to the superintendent prior
26
to the opening of school or immediately after the beginning of
27
such inability; provided, that the validity of any claim for
28
exemption under this subsection shall be determined by the
29
superintendent subject to appeal to the school board; or
30
(d)(4) Sickness, injury, or other insurmountable
31
condition.--Attendance was impracticable or inadvisable on
6
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
account of sickness or injury, attested to by a written
2
statement of a licensed practicing physician, or was
3
impracticable because of some other stated insurmountable
4
condition as defined by regulations of the state board. If a
5
student is continually sick and repeatedly absent from school,
6
he or she must be under the supervision of a physician in
7
order to receive an excuse from attendance. Such excuse
8
provides that a student's condition justifies absence for more
9
than the number of days permitted by the district school
10
board.
11
12
Each district school board shall establish an attendance
13
policy which includes, but is not limited to, the required
14
number of days each school year that a student must be in
15
attendance and the number of absences and tardinesses after
16
which a statement explaining such absences and tardinesses
17
must be on file at the school. Each school in the district
18
must determine if an absence or tardiness is excused or
19
unexcused according to criteria established by the district
20
school board.
21
Section 2. Section 232.0205, Florida Statutes, is
22
created to read:
23
232.0205 Disclosure at school registration.--According
24
to procedures established by the district school board, each
25
student at the time of initial registration for school in a
26
school district shall note previous school expulsions, arrests
27
resulting in a charge, and juvenile justice actions the
28
student has had.
29
Section 3. Paragraph (c) of subsection (1) of section
30
232.01, Florida Statutes, is amended to read:
31
7
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
232.01 Regular school attendance required between ages
2
of 6 and 16; permitted at age of 5; exceptions.--
3
(1)
4
(c) A child who attains the age of 16 years during the
5
school year is shall not subject to compulsory school
6
attendance be required to attend school beyond the date upon
7
which he or she attains that age if the child files a formal
8
declaration of intent to terminate school enrollment with the
9
district school board. The declaration must acknowledge that
10
terminating school enrollment is likely to reduce the
11
student's earning potential and must be signed by the child.
12
The school district must notify the child's parent or legal
13
guardian of the child's declaration of intent to terminate
14
school enrollment. A child who attains the age of 18 years
15
during the school year is not subject to compulsory school
16
attendance beyond the date upon which he or she attains that
17
age.
18
Section 4. Paragraph (b) of subsection (12) and
19
subsection (73) of section 39.01, Florida Statutes, 1996
20
Supplement, are amended to read:
21
39.01 Definitions.--When used in this chapter:
22
(12) "Child in need of services" means a child for
23
whom there is no pending investigation into an allegation or
24
suspicion of abuse, neglect, or abandonment; no pending
25
referral alleging the child is delinquent; or no current
26
supervision by the Department of Juvenile Justice or the
27
Department of Health and Rehabilitative Services for an
28
adjudication of dependency or delinquency. The child must
29
also, pursuant to this chapter, be found by the court:
30
(b) To be habitually truant from school, while subject
31
to compulsory school attendance, despite reasonable efforts to
8
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
remedy the situation pursuant to ss. 232.17 and 232.19 s.
2
232.19 and through voluntary participation by the child's
3
parents or legal custodians and by the child in family
4
mediation, services, and treatment offered by the Department
5
of Juvenile Justice or the Department of Health and
6
Rehabilitative Services; or
7
(73) "To be habitually truant" means that:
8
(a) The child has 15 unexcused absences within 90
9
calendar days with or without the knowledge or justifiable
10
consent of the child's parent or legal guardian, is subject to
11
compulsory school attendance under s. 232.01, and is not
12
exempt under from attendance by virtue of being over the age
13
of compulsory school attendance or by meeting the criteria in
14
s. 232.06, s. 232.09, or any other exemptions specified by law
15
or the rules of the State Board of Education.;
16
(b) In addition to the actions described in s. 232.17,
17
the school administration has completed the following
18
Escalating activities to determine the cause, and to attempt
19
the remediation, of the child's truant behavior under ss.
20
232.17 and 232.19 have been completed.:
21
1. After a minimum of 3 and prior to 15 unexcused
22
absences within 90 days, one or more meetings have been held,
23
either in person or by phone, between a school attendance
24
assistant or school social worker, the child's parent or
25
guardian, and the child, if necessary, to report and to
26
attempt to solve the truancy problem. However, if the school
27
attendance assistant or school social worker has documented
28
the refusal of the parent or guardian to participate in the
29
meetings, then this requirement has been met;
30
2. Educational counseling has been provided to
31
determine whether curriculum changes would help solve the
9
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
truancy problem, and, if any changes were indicated, such
2
changes were instituted but proved unsuccessful in remedying
3
the truant behavior. Such curriculum changes may include
4
enrollment of the child in an alternative education program
5
that meets the specific educational and behavioral needs of
6
the child, including a second chance school, as provided for
7
in s. 230.2316, designed to resolve truant behavior;
8
3. Educational evaluation, pursuant to the
9
requirements of s. 232.19(3)(b)3., has been provided; and
10
4. The school social worker, the attendance assistant,
11
or the school superintendent's designee if there is no school
12
social worker or attendance assistant has referred the student
13
and family to the children-in-need-of-services and
14
families-in-need-of-services provider or the case staffing
15
committee, established pursuant to s. 39.426, as determined by
16
the cooperative agreement required in s. 232.19(3). The case
17
staffing committee may request the department or its designee
18
to file a child-in-need-of-services petition based upon the
19
report and efforts of the school district or other community
20
agency or may seek to resolve the truancy behavior through the
21
school or community-based organizations or agencies.
22
23
If a child who is subject to within the compulsory school
24
attendance age is responsive to the interventions described in
25
ss. 232.17 and 232.19 this paragraph and has completed the
26
necessary requirements to pass the current grade as indicated
27
in the district pupil progression plan, the child shall not be
28
determined to be habitually truant and shall be passed. If a
29
child within the compulsory school attendance age has 15
30
unexcused absences within 90 calendar days or fails to enroll
31
in school, the State Attorney may file a
10
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
child-in-need-of-services petition. Prior to filing a
2
petition, the child must be referred to the appropriate agency
3
for evaluation. After consulting with the evaluating agency,
4
the State Attorney may elect to file a
5
child-in-need-of-services petition.
6
(c) A school representative, designated according to
7
school board policy school social worker or other person
8
designated by the school administration, if the school does
9
not have a school social worker, and an intake counselor or
10
case manager of the Department of Juvenile Justice have
11
jointly investigated the truancy problem or, if that was not
12
feasible, have performed separate investigations to identify
13
conditions which may be contributing to the truant behavior;
14
and if, after a joint staffing of the case to determine the
15
necessity for services, such services were determined to be
16
needed, the persons who performed the investigations met
17
jointly with the family and child to discuss any referral to
18
appropriate community agencies for economic services, family
19
or individual counseling, or other services required to remedy
20
the conditions that are contributing to the truant behavior.;
21
and
22
(d) The failure or refusal of the parent or legal
23
guardian or the child to participate, or make a good faith
24
effort to participate, in the activities prescribed to remedy
25
the truant behavior, or the failure or refusal of the child to
26
return to school after participation in activities required by
27
this subsection, or the failure of the child to stop the
28
truant behavior after the school administration and the
29
Department of Juvenile Justice have worked with the child as
30
described in s. 232.19(3) shall be handled as prescribed in s.
31
232.19.
11
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
Section 5. Subsections (28) and (29) of section
2
228.041, Florida Statutes, 1996 Supplement, are amended to
3
read:
4
228.041 Definitions.--Specific definitions shall be as
5
follows, and wherever such defined words or terms are used in
6
the Florida School Code, they shall be used as follows:
7
(28) HABITUAL TRUANT.--A habitual truant is a student
8
who has 15 unexcused absences within 90 calendar days with or
9
without the knowledge or consent of the student's parent or
10
legal guardian, is subject to compulsory school attendance
11
under s. 232.01, and is not exempt under and who is not exempt
12
from attendance by virtue of being over the age of compulsory
13
school attendance, by meeting the criteria in s. 232.06 or s.
14
232.09, or by meeting the criteria for any other exemption
15
specified by law or rules of the State Board of Education.
16
Such a student must have been the subject of the activities
17
specified in ss. 232.17 and 232.19, without resultant
18
successful remediation of the truancy problem before being
19
dealt with as a child in need of services according to the
20
provisions of chapter 39.
21
(29) DROPOUT.--A dropout is a student not subject to
22
over the age of compulsory school attendance, as defined in s.
23
232.01, who meets any one or more of the following criteria:
24
(a) The student has voluntarily removed himself or
25
herself from the school system before graduation for reasons
26
that include, but are not limited to, marriage or entrance
27
into the military, or the student has withdrawn from school
28
because he or she has failed the statewide student assessment
29
test and thereby does not receive any of the certificates of
30
completion;
31
12
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(b) The student has not met the relevant attendance
2
requirements of the school district pursuant to State Board of
3
Education rules, or the student was expected to attend a
4
school but did not enter as expected for unknown reasons, or
5
the student's whereabouts are unknown;
6
(c) The student has withdrawn from school, but has not
7
transferred to another public or private school or enrolled in
8
any vocational, adult, or alternative educational program;
9
(d) The student has withdrawn from school due to
10
hardship, unless such withdrawal has been granted under the
11
provisions of s. 322.091 322.0601, court action, expulsion,
12
medical reasons, or pregnancy; or
13
(e) The student is not eligible to attend school
14
because of reaching the maximum age for an exceptional student
15
program in accordance with the district's policy.
16
17
Students not exempt from attendance pursuant to s. 232.06 and
18
who are subject to under the age of compulsory school
19
attendance under s. 232.01 and who stop attending school are
20
shall be known as habitual truants as defined in subsection
21
(28) and are not to be considered dropouts. The State Board
22
of Education may adopt rules to implement the provisions of
23
this subsection.
24
Section 6. Subsection (2) of section 232.2462, Florida
25
Statutes, is amended to read:
26
232.2462 Attendance requirement for receipt of high
27
school credit; definition of "credit".--
28
(2) A student may not be awarded a credit if he or she
29
has not been in for instruction for a minimum of 135 hours
30
unless he or she has demonstrated mastery of the student
31
performance standards in the course of study as provided by
13
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
rules of the district school board. Excused absences as
2
determined by the district school board and as carried out by
3
the secondary school principal shall not be counted against
4
the 135-hour minimum requirement. Criteria for determining
5
excused absences shall be as provided in s. 232.022, s.
6
232.0225, absence for religious instruction, or a religious
7
holiday, and s. 232.09(2)(d)(4), absence due to sickness,
8
injury, or other insurmountable condition, and absence due to
9
participation in an academic class or program. Missed work
10
shall be made up, as provided in the pupil progression plan
11
established by the district school board by rule, for all
12
excused absences. The difference between the 135-hour minimum
13
requirement and the 150-hour definition of full credit
14
established in this section may at the discretion of the
15
secondary school principal be used for noninstructional
16
extracurricular activities unless otherwise provided by
17
district school board rule. In credit programs operated in the
18
period beyond 180 school days, each full-credit course must be
19
established for a minimum of 120 hours.
20
Section 7. Subsection (2) of section 414.125, Florida
21
Statutes, 1996 Supplement, is amended to read:
22
414.125 Learnfare program.--
23
(2) Each recipient with a school-age child is required
24
to have a conference with an appropriate school official of
25
the child's school during each grading period to assure that
26
the recipient is involved in the child's educational progress
27
and is aware of any existing attendance or academic problems.
28
The conference must address acceptable student attendance,
29
grades, and behavior and must be documented by the school and
30
reported to the department. The department shall notify a
31
school of any student in attendance at that school who is a
14
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
participant in the Learnfare program in order that the
2
required conferences are held.
3
Section 8. Section 232.17, Florida Statutes, 1996
4
Supplement, is amended to read:
5
232.17 Enforcement of school attendance Attendance
6
assistants; qualifications; compensation; duties.--Pursuant to
7
procedures established by the district school board, a
8
designated school representative must complete activities
9
designed to determine the cause and attempt the remediation of
10
truant behavior, as provided in this section. Provisions for
11
the employment, qualifications, compensation, and duties of
12
attendance assistants shall be as follows:
13
(1) EMPLOYMENT AND QUALIFICATIONS OF ATTENDANCE
14
ASSISTANTS.--The school board, upon the recommendation of the
15
superintendent, may employ and fix the compensation, including
16
reimbursement for travel, of a sufficient number of qualified
17
attendance assistants to guarantee regular attendance at
18
school of all children of the district within compulsory
19
school-age requirements who are not herein exempted from
20
attendance.
21
(2) DUTIES AND RESPONSIBILITIES OF ATTENDANCE
22
ASSISTANTS.--The duties and responsibilities of the attendance
23
assistant shall be exercised under the direction of the
24
superintendent and shall be as follows:
25
(a) Maintain records.--Pupil accounting records,
26
unless maintained by others assigned by the superintendent,
27
shall be kept by attendance assistants. These records shall
28
be on forms approved pursuant to regulations of the state
29
board.
30
(1)(b) INVESTIGATE NONENROLLMENT AND UNEXCUSED
31
ABSENCES.--A designated school representative In accordance
15
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
with procedure established by the state board, attendance
2
assistants shall investigate cases of nonenrollment and
3
unexcused absences from school of all children subject to
4
compulsory school attendance within the compulsory school age.
5
(2)(c) GIVE WRITTEN NOTICE.--Under the direction of
6
the superintendent, a designated school representative the
7
attendance assistant shall give written notice, either in
8
person or by return-receipt registered mail, to the parent,
9
guardian, or other person having control when no valid reason
10
is found for a child's nonenrollment in school or when the
11
child has a minimum of 3 but fewer than 6 15 unexcused
12
absences within 90 calendar days, requiring enrollment or
13
attendance within 3 days after from the date of notice. If
14
the such notice and requirement are ignored, the designated
15
school representative attendance assistant shall report the
16
case to the superintendent, and may refer the case to the case
17
staffing committee, established pursuant to s. 39.426, if the
18
conditions of s. 232.19(3) have been met. The superintendent
19
may take such steps as are necessary to bring criminal
20
prosecution against the parent, guardian, or other person
21
having control. No further written notice of the child's
22
absence from school is required to be given to the parent,
23
guardian, or other person having control unless the child,
24
upon his or her return to school, remains in attendance for 10
25
consecutive days.
26
(3)(d) RETURN CHILD TO PARENT.--A designated school
27
representative The attendance assistant shall visit the home
28
or place of residence of a child and any other place in which
29
he or she is likely to find any child who is required to
30
attend school when such child is not enrolled or is absent
31
from school during school hours without an excuse, and, when
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
the such child is has been found, shall return the child to
2
his or her parent or to the principal or teacher in charge of
3
the school, or to the private tutor from whom absent.
4
(e) Visit home.--The attendance assistant shall visit
5
promptly the home of each child of school age in his or her
6
attendance district not in attendance upon the school, and of
7
any child who should attend the Florida State School for the
8
Deaf and the Blind, and who is reported as not enrolled in
9
that school or as absent without excuse.
10
(4) WRITTEN NOTICE.--If no valid reason is found for
11
such nonenrollment or absence, from such school or schools the
12
designated school representative attendance assistant shall
13
give written notice to the parent, requiring the child's
14
enrollment or attendance as prescribed above. The designated
15
school representative attendance assistant shall secure the
16
written approval of the president of the Florida State School
17
for the Deaf and the Blind before he or she directs or
18
requests the parents of any child to take or send such child
19
to that school. Ten days' notice must be given in the case of
20
a child who is ordered sent to that school. On refusal or
21
failure of the parent to meet such requirement, the designated
22
school representative attendance assistant shall report the
23
same to the superintendent, and that official shall proceed to
24
take such action as is prescribed in s. 232.19(2).
25
(5)(f) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
26
designated school representative The attendance assistant
27
shall report to the Division of Jobs and Benefits of the
28
Department of Labor and Employment Security or to any person
29
acting in similar capacity who may be designated by law to
30
receive such notices, all violations of the Child Labor Law
31
that may come to his or her knowledge.
17
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(6)(g) RIGHT TO INSPECT.--A designated school
2
representative The attendance assistant shall have the same
3
right of access to, and inspection of, establishments where
4
minors may be employed or detained as is given by law to the
5
Division of Jobs and Benefits only for the purpose of
6
ascertaining whether children of compulsory school age are
7
actually employed there and are actually working there
8
regularly. The designated school representative attendance
9
assistant shall, if he or she finds unsatisfactory working
10
conditions or violations of the Child Labor Law, report his or
11
her findings to the Division of Jobs and Benefits or its
12
agents.
13
(7)(h) RECORDS Record of visits.--Each designated
14
school representative who performs duties according to this
15
section The attendance assistant shall keep an accurate record
16
of all children returned to schools or homes, of all cases
17
prosecuted, and of all other service performed. A written
18
report of all such activities shall be made quarterly to the
19
school board and shall be filed in the office of the
20
superintendent. If a child repeats a pattern of nonattendance
21
within one school year, the designated school representative
22
shall resume the series of escalating activities at the point
23
at which he or she had previously left off.
24
Section 9. Section 232.19, Florida Statutes, 1996
25
Supplement, is amended to read:
26
232.19 Court procedure and penalties.--The court
27
procedure and penalties for the enforcement of the provisions
28
of this chapter, relating to compulsory school attendance,
29
shall be as follows:
30
(1) COURT JURISDICTION.--The circuit court has
31
original and exclusive jurisdiction of all proceedings
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
against, or prosecutions of, children under the provisions of
2
this chapter. Proceedings against, or prosecutions of, parents
3
or employers as provided by this section shall be in the court
4
of each county having jurisdiction of misdemeanors wherein
5
trial by jury is afforded the defendant.
6
(2) NONENROLLMENT AND NONATTENDANCE CASES.--
7
(a) In each case of nonenrollment or of nonattendance
8
upon the part of a child who is required to attend some
9
school, when no valid reason for such nonenrollment or
10
nonattendance is found, the superintendent shall institute a
11
criminal prosecution against the child's parent.
12
(b) Each public school principal or the principal's
13
designee shall notify the district school board of each minor
14
under its jurisdiction who accumulates 15 unexcused absences
15
in a period of 90 calendar days. Each designee of the
16
governing body of each private school, and each parent whose
17
child is enrolled in a home education program, may provide the
18
Department of Highway Safety and Motor Vehicles with the legal
19
name, sex, date of birth, and social security number of each
20
minor under his or her jurisdiction who fails to satisfy
21
relevant attendance requirements and who fails to otherwise
22
satisfy the requirements of s. 322.091. The superintendent
23
must provide the Department of Highway Safety and Motor
24
Vehicles the legal name, sex, date of birth, and social
25
security number of each minor who has been reported under this
26
paragraph and who fails to otherwise satisfy the requirements
27
of s. 322.091. The Department of Highway Safety and Motor
28
Vehicles may not issue a driver's license or learner's
29
driver's license to, and shall suspend any previously issued
30
driver's license or learner's driver's license of, any such
31
minor, pursuant to the provisions of s. 322.091.
19
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(3) HABITUAL TRUANCY CASES.--In accordance with
2
procedures established by the district school board, the
3
designated school representative The school social worker, the
4
attendance assistant, or the school superintendent's designee
5
if there is no school social worker or attendance assistant
6
shall refer a student who is habitually truant and the
7
student's family to the children-in-need-of-services and
8
families-in-need-of-services provider or the case staffing
9
committee, established pursuant to s. 39.426, as determined by
10
the cooperative agreement required in this section. The case
11
staffing committee may request the Department of Juvenile
12
Justice or its designee to file a child-in-need-of-services
13
petition based upon the report and efforts of the school
14
district or other community agency or may seek to resolve the
15
truancy behavior through the school or community-based
16
organizations or agencies. Prior to and subsequent to the
17
filing of a child-in-need-of-services petition due to habitual
18
truancy, the appropriate governmental agencies must allow a
19
reasonable time to complete actions required by this
20
subsection to remedy the conditions leading to the truant
21
behavior. The following criteria must be met and documented in
22
writing prior to the filing of a petition:
23
(a) The child must have 15 unexcused absences within
24
90 calendar days with or without the knowledge or consent of
25
the child's parent or legal guardian, must be subject to
26
compulsory school attendance, and must not be exempt under and
27
must not be exempt from attendance by virtue of being over the
28
age of compulsory school attendance or by meeting the criteria
29
in s. 232.06, s. 232.09, or any other exemption specified by
30
law or the rules of the State Board of Education.
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(b) In addition to the actions described in s. 232.17,
2
the school administration must have completed the following
3
activities to determine the cause, and to attempt the
4
remediation, of the child's truant behavior:
5
1. After a minimum of 3 and prior to 6 15 unexcused
6
absences within 90 calendar days, one or more meetings must
7
have been held, either in person or by phone, between a
8
designated school representative school attendance assistant
9
or school social worker, the child's parent or guardian, and
10
the child, if necessary, to report and to attempt to solve the
11
truancy problem. However, if the designated school
12
representative school attendance assistant or school social
13
worker has documented the refusal of the parent or guardian to
14
participate in the meetings, this requirement has been met.
15
2. Educational counseling must have been provided to
16
determine whether curriculum changes would help solve the
17
truancy problem, and, if any changes were indicated, such
18
changes must have been instituted but proved unsuccessful in
19
remedying the truant behavior. Such curriculum changes may
20
include enrollment of the child in an alternative education
21
program that meets the specific educational and behavioral
22
needs of the child, including a second chance school, as
23
provided for in s. 230.2316, designed to resolve truant
24
behavior.
25
3. Educational evaluation, which may include
26
psychological evaluation, must have been provided to assist in
27
determining the specific condition, if any, that is
28
contributing to the child's nonattendance. The evaluation
29
must have been supplemented by specific efforts by the school
30
to remedy any diagnosed condition.
31
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
If a child who is subject to within the compulsory school
2
attendance age is responsive to the interventions described in
3
this paragraph and has completed the necessary requirements to
4
pass the current grade as indicated in the district pupil
5
progression plan, the child shall be passed.
6
(4) COOPERATIVE AGREEMENTS.--
7
(c) The district manager of the Department of Juvenile
8
Justice or the district manager's designee, the district
9
administrator of the Department of Children and Family
10
Services or the district administrator's designee, and the
11
superintendent of the local school district or the
12
superintendent's designee must develop have developed a
13
cooperative interagency agreement that: which
14
(a) Clearly defines each department's role,
15
responsibility, and function in working with habitual truants
16
and their families.
17
(b) Identifies and implements measures to resolve and
18
reduce truant behavior. The interagency agreement shall
19
specify that the participants
20
(c) Addresses address issues of streamlining service
21
delivery, the appropriateness of legal intervention, case
22
management, the role and responsibility of the case staffing
23
committee, student and parental intervention and involvement,
24
and community action plans. The interagency agreement shall
25
(d) Delineates delineate timeframes for implementation
26
and identifies identify a mechanism for reporting results by
27
the district juvenile justice manager or the district
28
manager's designee and the superintendent of schools or the
29
superintendent's designee to the Department of Juvenile
30
Justice and the Department of Education and other governmental
31
entities as needed. The cooperative agreement may designate
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(e) Designates which agency is shall be responsible
2
for each of the intervention steps in s. 39.01(73), or this
3
section, to if such designation shall yield more effective and
4
efficient intervention services.
5
(5)(4) ATTENDANCE REGISTER AS EVIDENCE.--The register
6
of attendance of pupils at a public, parochial,
7
denominational, or private school, or of pupils taught by a
8
private tutor, kept in compliance with rules and regulations
9
of the state board is prima facie evidence of the facts which
10
it is required to show. A certified copy of any rule or
11
regulation and a statement of the date of its adoption and
12
promulgation by the state board is admissible as prima facie
13
evidence of the provisions of the such rule or regulation and
14
of the date of its adoption or promulgation.
15
(6)(5) PROCEEDINGS AND PROSECUTIONS; WHO MAY
16
BEGIN.--Proceedings or prosecutions under the provisions of
17
this chapter may be commenced begun by the superintendent, by
18
a designated school representative an attendance assistant, by
19
the probation officer of the county, by the executive officer
20
of any court of competent jurisdiction, or by an officer of
21
any court of competent jurisdiction, or by a duly authorized
22
agent of the Department of Education or the Department of
23
Juvenile Justice. If a proceeding has been commenced against
24
both a parent or legal guardian and a child pursuant to this
25
chapter, the presiding courts shall make every effort to
26
coordinate sanctions against the child and parent or legal
27
guardian, including ordering the child and parent or legal
28
guardian to perform community service hours or attend
29
counseling together.
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(7)(6) PENALTIES.--The penalties for refusing or
2
failing to comply with the provisions of this chapter shall be
3
as follows:
4
(a) The parent or legal guardian.--
5
1. A parent or legal guardian who refuses or fails to
6
have a child who is under his or her control attend school
7
regularly, or who refuses or fails to comply with the
8
requirements in subsection (3), commits is guilty of a
9
misdemeanor of the second degree, punishable as provided in s.
10
775.082 or s. 775.083 by law.
11
2. The continued or habitual absence of a child
12
without the consent of the principal or teacher in charge of
13
the school he or she attends or should attend, or of the tutor
14
who instructs or should instruct him or her, is prima facie
15
evidence of a violation of this chapter; however, a showing
16
the court of the appropriate jurisdiction, upon finding that
17
the parent or legal guardian has made a bona fide and diligent
18
effort to control and keep the child in school, shall be an
19
affirmative defense to excuse the parent from any criminal or
20
other liability under this subsection prescribed herein and
21
the court shall refer the parent or legal guardian and child
22
for counseling, guidance, or other needed services.
23
3. In addition to any other punishment, the court
24
shall order a parent or legal guardian who has violated this
25
section to send the child to school, and may also order the
26
parent or legal guardian to participate in an approved parent
27
training class, attend school with the child unless this would
28
cause undue hardship, perform community service hours at the
29
school, or participate in counseling or other services, as
30
appropriate. If a parent or legal guardian is ordered to
31
attend school with a child, the school shall provide for
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
programming to educate the parent or legal guardian and child
2
on the importance of school attendance. It shall be unlawful
3
to terminate any employee solely because he or she is
4
attending school with his or her child pursuant to a court
5
order.
6
(b) The principal or teacher.--A principal or teacher
7
in any charge of a school, public, parochial, denominational,
8
or private school, or a private tutor who willfully violates
9
any provision of this chapter may, upon satisfactory proof of
10
such violation, have his or her certificate revoked by the
11
Department of Education.
12
(c) The employer.--
13
1. An employer who fails to notify the superintendent
14
when he or she ceases to employ a child commits is guilty of a
15
misdemeanor of the second degree, punishable as provided in s.
16
775.082 or s. 775.083 by law.
17
2. An employer who terminates any employee solely
18
because he or she is attending school with a child pursuant to
19
court order commits a misdemeanor of the second degree,
20
punishable as provided in s. 775.082 or s. 775.083.
21
(d) The child.--
22
1. In addition to any other authorized sanctions, the
23
court shall order a child found to be a habitual truant to
24
make up all school work missed and may order the child to pay
25
a civil penalty of up to $2, based on the child's ability to
26
pay, for each day of school missed, perform up to 25 community
27
service hours at the school, or participate in counseling or
28
other services, as appropriate.
29
2. Upon a second or subsequent finding that a child is
30
a habitual truant, the court, in addition to any other
31
authorized sanctions, shall order the child to make up all
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
school work missed and may order the child to pay a civil
2
penalty of up to $5, based on the child's ability to pay, for
3
each day of school missed, perform up to 50 community service
4
hours at the school, or participate in counseling or other
5
services, as appropriate.
6
Section 10. Section 232.195, Florida Statutes, is
7
amended to read:
8
232.195 Continuation of truancy remedial activities
9
upon transfer of student; retention of legal jurisdiction.--
10
(1) If, during the activities designed to remedy
11
truant behavior as described in s. 232.19, the parent or legal
12
guardian of the student who is the subject of such activities
13
transfers the student to another school district in this state
14
in an attempt to circumvent the remedial procedures which have
15
already begun, the administration of the school from which the
16
student transferred shall provide to the administration of the
17
new school, at no charge, copies of all available records and
18
documents relevant to such remedial activities, and the
19
administration of the new school shall begin remedial
20
activities in the program that most closely meets the transfer
21
student's needs.
22
(2) In the event that a legal proceeding has
23
commenced, as provided in s. 232.19(3), against a student who
24
has been determined to be a habitual truant, the movement of
25
the student who is the subject of such proceeding to another
26
circuit court district in this state will not affect the
27
jurisdiction of the court to proceed with the case under the
28
law.
29
Section 11. Section 232.197, Florida Statutes, is
30
created to read:
31
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
232.197 Notification to schools of court action.--If a
2
court takes action that directly involves a child's school,
3
including, but not limited to, an order that a student attend
4
school, attend school with his or her parent or legal
5
guardian, perform at grade level, or perform community service
6
hours at the school, the office of the clerk of the court
7
shall provide notice to the school of the court's action.
8
Section 12. Section 232.2452, Florida Statutes, is
9
amended to read:
10
232.2452 Report cards; end-of-the-year status.--
11
(1) Each school district shall establish and publish
12
policies requiring the content and regular issuance of student
13
report cards for all elementary school, middle school, and
14
high school students. These report cards must clearly depict
15
and grade:
16
(a) The student's academic performance in each class
17
or course, which in grades 1 through 12 must be based upon
18
examinations as well as written papers, class participation,
19
and other academic performance criteria.
20
(b) The student's conduct and behavior.
21
(c) The student's attendance, including absences and
22
tardiness.
23
(2) Each school district is encouraged to establish no
24
fewer than two districtwide report card pickup days per year
25
to facilitate teacher-parent conferences and enhance parental
26
responsibility for student performance and behavior. During a
27
report card pickup day, each parent or guardian may visit his
28
or her child's school and teacher and receive the child's
29
report card during hours established by the district school
30
board. School districts are encouraged to establish flexible
31
scheduling of personnel during the hours designated by the
27
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
district school board for report card pickup to allow
2
before-school, after-school, evening, or weekend opportunities
3
for parents to visit the school and teacher.
4
(3) A student's final report card for a school year
5
shall contain a statement indicating end-of-the-year status
6
regarding performance or nonperformance at grade level,
7
acceptable or unacceptable behavior and attendance, and
8
promotion or nonpromotion.
9
10
School districts shall not allow schools to exempt students
11
from academic performance requirements based on practices or
12
policies designed to encourage student attendance.
13
Section 13. Subsection (4) is added to section 232.25,
14
Florida Statutes, 1996 Supplement to read:
15
232.25 Pupils subject to control of school.--
16
(4) Each pupil enrolled in a school may be required to
17
take the following school child's daily conduct pledge:
18
(a) I will be respectful at all times and obedient
19
unless asked to do wrong.
20
(b) I will not hurt another person with my words or my
21
acts, because it is wrong to hurt others.
22
(c) I will tell the truth, because it is wrong to tell
23
a lie.
24
(d) I will not steal, because it is wrong to take
25
someone else's property.
26
(e) I will respect my body, and not take drugs.
27
(f) I will show strength and courage, and not do
28
something wrong, just because others are doing it.
29
(g) I pledge to be nonviolent and to respect my
30
teachers and fellow classmates.
31
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
Section 14. Subsections (1) and (2) of section 322.05,
2
Florida Statutes, 1996 Supplement, are amended to read:
3
322.05 Persons not to be licensed.--The department may
4
not issue a license:
5
(1) To a person who is under the age of 16 years,
6
except that the department may issue a learner's driver's
7
license to a person who is at least 15 years of age and who
8
meets the requirements of ss. 322.091 and 322.1615 s. 322.161
9
and of any other applicable law or rule.
10
(2) To a person who is at least 16 years of age but is
11
under 18 years of age unless the person meets the requirements
12
of s. 322.091 and holds a valid:
13
(a) Learner's driver's license for at least 6 months
14
before applying for a license; or
15
(b) License that was issued in another state or in a
16
foreign jurisdiction and that would not be subject to
17
suspension or revocation under the laws of this state.
18
Section 15. Subsection (3) is added to section 322.09,
19
Florida Statutes, 1996 Supplement, as amended by section 4 of
20
chapter 93-144, Laws of Florida, to read:
21
322.09 Application of minors.--
22
(3) The department may not issue a driver's license or
23
learner's driver's license to any applicant under the age of
24
18 years who is not in compliance with the requirements of s.
25
322.091.
26
Section 16. Section 322.091, Florida Statutes, is
27
created to read:
28
322.091 Attendance requirements.--
29
(1) ELIGIBILITY REQUIREMENTS FOR DRIVING
30
PRIVILEGES.--A minor is not eligible for driving privileges
31
unless that minor:
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(a) Is enrolled in a public school, nonpublic school,
2
or home education program and satisfies relevant attendance
3
requirements;
4
(b) Has received a high school diploma, a high school
5
equivalency diploma, a special diploma, or a certificate of
6
high school completion;
7
(c) Is enrolled in a study course in preparation for
8
the Test of General Educational Development and satisfies
9
relevant attendance requirements;
10
(d) Is enrolled in other educational activities
11
approved by the district school board and satisfies relevant
12
attendance requirements;
13
(e) Has been issued a certificate of exemption
14
according to s. 232.06; or
15
(f) Has received a hardship waiver under this section.
16
17
The department may not issue a driver's license or learner's
18
driver's license to, or shall suspend the driver's license or
19
learner's driver's license of, any minor concerning whom the
20
department receives notification of noncompliance with the
21
requirements of this section.
22
(2) NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;
23
RECORD OF NONCOMPLIANCE.--
24
(a) The department shall notify each minor for whom
25
the department has received notification of noncompliance with
26
the requirements of this section as provided in s. 232.19, and
27
the minor's parent or guardian, of the department's intent to
28
suspend the minor's driving privileges.
29
(b) The minor, or the parent or guardian of the minor,
30
has 15 calendar days after the date of receipt of this notice
31
to provide proof of compliance with the requirements of this
30
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
section as provided in subsection (4) or to request a hardship
2
waiver hearing under subsection (3).
3
(c) Twenty days after the date of issuance of this
4
notice, the department shall suspend the minor's operator's
5
license or learner's driver's license or record the legal
6
name, sex, date of birth, and social security number of each
7
minor who does not possess a driver's license or learner's
8
driver's license, unless the minor has provided the department
9
with verification of compliance with the requirements of
10
subsection (1) or the appropriate school official has provided
11
the department with verification of a request for a waiver
12
hearing.
13
(d) Upon notification of the outcome of a hardship
14
waiver hearing, the department shall suspend the driver's
15
license or learner's driver's license of a minor who was
16
denied a hardship waiver, or record the legal name, sex, date
17
of birth, and social security number of a minor who does not
18
possess a driver's license or learner's driver's license and
19
who was denied a hardship waiver.
20
(e) The department may not issue a driver's license or
21
learner's driver's license to any minor for whom it has a
22
record of noncompliance with the requirements of subsection
23
(1) unless the minor submits verification of compliance
24
pursuant to subsection (4).
25
(3) HARDSHIP WAIVER AND APPEAL.--
26
(a) A minor, or the parent or guardian of a minor, has
27
15 calendar days after the date of receipt of the notice of
28
intent to suspend to request a hardship waiver hearing before
29
the public school principal, the principal's designee, or the
30
designee of the governing body of a private school for the
31
purpose of reviewing the pending suspension of driving
31
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
privileges. The school official receiving the request shall
2
notify the department of the request for a waiver hearing
3
within 24 hours after receiving the request. Public school
4
officials shall also notify the district school board of the
5
request for a waiver hearing. The hearing must be conducted
6
within 30 calendar days after the public school principal, the
7
principal's designee, or the designee of the governing body of
8
a private school receives the request.
9
(b) The public school principal, the principal's
10
designee, or the designee of the governing body of a private
11
school shall waive the requirements of subsection (1) for any
12
minor under the school's jurisdiction for whom a personal or
13
family hardship requires that the minor have a driver's
14
license for his or her own, or his or her family's, employment
15
or medical care. The minor or the minor's parent or guardian
16
may present other evidence that indicates compliance with the
17
requirements of subsection (1) at the waiver hearing. The
18
public school principal, the principal's designee, or the
19
designee of the governing body of a private school shall take
20
into consideration the recommendations of teachers, other
21
school officials, guidance counselors, or academic advisers
22
before waiving the requirements of subsection (1).
23
(c) The public school principal, the principal's
24
designee, or the designee of the governing body of a private
25
school shall notify the department of the outcome of a minor's
26
hardship waiver hearing within 24 hours after conducting the
27
hearing. Public school officials shall also notify the
28
district school board of the outcome of the hearing.
29
(d) Any person denied a hardship waiver by a public
30
school principal, the principal's designee, or the designee of
31
the governing body of a private school may appeal the decision
32
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
to the district school board or the governing body of the
2
private school. The district school board or the governing
3
body of the private school shall notify the department if the
4
hardship waiver is subsequently granted.
5
(4) VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A
6
district school board shall provide a minor with written
7
verification that he or she is in compliance with the
8
requirements of subsection (1) if the district determines that
9
he or she has been in compliance for 30 days prior to the
10
request for verification of compliance. Upon receiving
11
written verification that the minor is again in compliance
12
with the requirements of subsection (1), the department shall
13
reinstate the minor's driving privilege. Thereafter, if the
14
school district determines that the minor is not in compliance
15
with the requirements of subsection (1), the department shall
16
suspend the minor's driving privilege until the minor is 18
17
years of age or otherwise satisfies the requirements of
18
subsection (1), whichever occurs first.
19
(5) REPORTING AND ACCOUNTABILITY.--The department
20
shall report quarterly to each school district the legal name,
21
sex, date of birth, and social security number of each student
22
whose driving privileges have been suspended under this
23
section.
24
Section 17. Section 39.015, Florida Statutes, is
25
amended to read:
26
39.015 Rules relating to habitual truants; adoption by
27
Department of Education and Department of Juvenile
28
Justice.--The Department of Juvenile Justice and the
29
Department of Education shall work together on the development
30
of, and shall adopt, rules as necessary for the implementation
31
of ss. 39.01(73), 39.403(2), and 232.19(3) and (6)(a).
33
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
Section 18. Section 230.235, Florida Statutes, is
2
created to read:
3
230.235 Policy of zero tolerance for crime.--
4
(1) Each school district shall adopt a policy of zero
5
tolerance for crime and substance abuse pursuant to this
6
section. Such a policy shall include the reporting of
7
delinquent acts and crimes occurring whenever and wherever
8
students are under the jurisdiction of the school district.
9
(2) Each school district shall enter into an agreement
10
with the county sheriff's office or local police department
11
specifying guidelines for ensuring that felonies and violent
12
misdemeanors, whether committed by a student or adult, and
13
delinquent acts that would be felonies or violent misdemeanors
14
if committed by an adult, are reported to law enforcement.
15
Such agreements shall include the role of school resource
16
officers, if applicable, in handling reported incidents,
17
special circumstances in which school officials may handle
18
incidents without filing a report to law enforcement, and a
19
procedure for ensuring that school personnel properly report
20
appropriate delinquent acts and crimes. The school principal
21
shall be responsible for ensuring that all school personnel
22
are properly informed as to their responsibilities regarding
23
crime reporting, that appropriate delinquent acts and crimes
24
are properly reported, and that actions taken in cases with
25
special circumstances are properly taken and documented.
26
Section 19. Section 232.277, Florida Statutes, is
27
amended to read:
28
232.277 Reports of suspected substance or alcohol
29
abuse; exemption from liability.--
30
(1) School personnel are required to report to the
31
principal or principal's designee any suspected unlawful use,
34
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
possession, or sale by a student of any controlled substance,
2
as defined in s. 893.02; any counterfeit controlled substance,
3
as defined in s. 831.31; any alcoholic beverage, as defined in
4
s. 561.01(4); or model glue. School personnel are exempt from
5
civil liability when reporting in good faith to the proper
6
school authority such suspected unlawful use, possession, or
7
sale by a student. Only a principal or principal's designee
8
is authorized to contact a parent or legal guardian of a
9
student regarding this situation.
10
(2)(a) It is the intent of the Legislature that all
11
school students understand that the magnitude of the harm
12
caused by unlawful use, possession, or sale of the substances
13
set forth in subsection (1) mandates the reporting of
14
occurrences of such unlawful acts for prosecution or other
15
action as appropriate.
16
(b) Reports made and verified under subsection (1)
17
shall be forwarded to an appropriate agency.
18
(c) School personnel shall timely notify the student's
19
parent, guardian, or legal custodian that a verified report
20
made under subsection (1) with respect to the student has been
21
made and forwarded as provided for in this subsection.
22
Section 20. Effective October 1, 1997, section
23
790.115, Florida Statutes, is amended to read:
24
790.115 Possessing or discharging weapons or firearms
25
on school property prohibited; penalties; exceptions.--
26
(1) A person who exhibits any sword, sword cane,
27
firearm, electric weapon or device, destructive device, or
28
other weapon, including a razor blade, box cutter, or knife,
29
except as authorized in support of school-sanctioned
30
activities, in the presence of one or more persons in a rude,
31
careless, angry, or threatening manner and not in lawful
35
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
self-defense, on the grounds or facilities of any school,
2
school bus, or school bus stop, or within 1,000 feet of the
3
real property that comprises a public or private elementary
4
school, middle school, or secondary school, during school
5
hours or during the time of a sanctioned school activity,
6
commits a felony of the third degree, punishable as provided
7
in s. 775.082, s. 775.083, or s. 775.084. This subsection does
8
not apply to the exhibition of a firearm or weapon on private
9
real property within 1,000 feet of a school by the owner of
10
such property or by a person whose presence on such property
11
has been authorized, licensed, or invited by the owner.
12
(2)(a) A person shall not possess any firearm,
13
electric weapon or device, destructive device, or other
14
weapon, including a razor blade, box cutter, or knife, except
15
as authorized in support of school-sanctioned activities, on
16
the property of any school, school bus, or school bus stop;
17
however, a person may carry a firearm:
18
1. In a case to a firearms program, class or function
19
which has been approved in advance by the principal or chief
20
administrative officer of the school as a program or class to
21
which firearms could be carried;
22
2. In a case to a vocational school having a firearms
23
training range; or
24
3. In a vehicle pursuant to s. 790.25(5); except that
25
school districts may adopt written and published policies that
26
waive the exception in this subparagraph for purposes of
27
student and campus parking privileges.
28
29
For the purposes of this section, "school" means any
30
preschool, elementary school, middle school, junior high
31
36
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
school, secondary school, vocational school, or postsecondary
2
school, whether public or nonpublic.
3
(b) A person who willfully and knowingly possesses any
4
electric weapon or device, destructive device, or other
5
weapon, including a razor blade, box cutter, or knife, except
6
as authorized in support of school-sanctioned activities, in
7
violation of this subsection commits a felony of the third
8
degree, punishable as provided in s. 775.082, s. 775.083, or
9
s. 775.084.
10
(c)1. A person who willfully and knowingly possesses
11
any firearm in violation of this subsection commits a felony
12
of the third degree, punishable as provided in s. 775.082, s.
13
775.083, or s. 775.084.
14
2. A person who stores or leaves a loaded firearm
15
within the reach or easy access of a minor who obtains the
16
firearm and commits a violation of subparagraph 1. commits a
17
misdemeanor of the second degree, punishable as provided in s.
18
775.082 or s. 775.083; except that this does not apply if the
19
firearm was stored or left in a securely locked box or
20
container or in a location which a reasonable person would
21
have believed to be secure, or was securely locked with a
22
firearm-mounted push-button combination lock or a trigger
23
lock; if the minor obtains the firearm as a result of an
24
unlawful entry by any person; or to members of the Armed
25
Forces, National Guard, or State Militia, or to police or
26
other law enforcement officers, with respect to firearm
27
possession by a minor which occurs during or incidental to the
28
performance of their official duties.
29
(d) A person who discharges any weapon or firearm
30
while in violation of paragraph (a), unless discharged for
31
lawful defense of himself or another or for a lawful purpose,
37
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
commits a felony of the second degree, punishable as provided
2
in s. 775.082, s. 775.083, or s. 775.084.
3
(e) The penalties of this subsection shall not apply
4
to persons licensed under s. 790.06. Persons licensed under
5
s. 790.06 shall be punished as provided in s. 790.06(12),
6
except that a licenseholder who unlawfully discharges a weapon
7
or firearm on school property as prohibited by this subsection
8
commits a felony of the second degree, punishable as provided
9
in s. 775.082, s. 775.083, or s. 775.084.
10
(3) This section does not apply to any law enforcement
11
officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
12
(8), (9), or (14).
13
Section 21. Section 230.23015, Florida Statutes, 1996
14
Supplement, is amended to read:
15
230.23015 Students violating s. 784.081; expulsion or
16
and placement in alternative school setting.--Notwithstanding
17
any other provision of law, each district school board shall
18
adopt rules providing that any student found to have committed
19
a violation of s. 784.081(1), (2), or (3) shall be expelled or
20
and placed in an alternative school setting or other youth
21
services or justice program, as appropriate for a minimum
22
period of 1 year. Upon being charged with the offense, the
23
student shall be removed from the classroom immediately and
24
placed in an alternative school setting pending disposition.
25
Section 22. Section 322.0601, Florida Statutes, is
26
repealed.
27
Section 23. Section 232.433, Florida Statutes, is
28
created to read:
29
232.433 Safety standards for cheerleaders.--The
30
Florida High School Activities Association or successor
31
organization shall adopt statewide uniform safety standards
38
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
for student cheerleaders and spirit groups that participate in
2
any school activity or extracurricular student activity. The
3
Florida High School Activities Association or successor
4
organization shall adopt the "Official High School Spirit
5
Rules," published by the National Federation of State High
6
School Associations, as the statewide uniform safety
7
standards.
8
Section 24. Subsection (8) is added to section
9
228.057, Florida Statutes, 1996 Supplement, to read:
10
228.057 Public school parental choice.--
11
(8) Notwithstanding any provision of this section, a
12
school district with schools operating on both multiple
13
session schedules and single session schedules shall afford
14
parents of students in multiple session schools preferred
15
access to the controlled open enrollment program of the school
16
district.
17
Section 25. The intent of sections 26 and 27 of this
18
act is to create a positive and safe learning environment for
19
the children of Florida and to keep disruptive children from
20
affecting the ability of public school students to learn.
21
Section 26. Subsection (5) of section 39.045, Florida
22
Statutes, 1996 Supplement, is amended to read:
23
39.045 Oaths; records; confidential information.--
24
(5) Except as provided in subsections (3), (8), (9),
25
and (10), and s. 943.053, all information obtained under this
26
part in the discharge of official duty by any judge, any
27
employee of the court, any authorized agent of the Department
28
of Juvenile Justice, the Parole Commission, the Juvenile
29
Justice Advisory Board, the Department of Corrections, the
30
district juvenile justice boards, any law enforcement agent,
31
or any licensed professional or licensed community agency
39
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
representative participating in the assessment or treatment of
2
a juvenile is confidential and may be disclosed only to the
3
authorized personnel of the court, the Department of Juvenile
4
Justice and its designees, the Department of Corrections, the
5
Parole Commission, the Juvenile Justice Advisory Board, law
6
enforcement agents, school superintendents and their
7
designees, any licensed professional or licensed community
8
agency representative participating in the assessment or
9
treatment of a juvenile, and others entitled under this part
10
to receive that information, or upon order of the court.
11
Within each county, the sheriff, the chiefs of police, the
12
district school superintendent, and the department shall enter
13
into an interagency agreement for the purpose of sharing
14
information about juvenile offenders among all parties. The
15
agreement must specify the conditions under which summary
16
criminal history information is to be made available to
17
appropriate school personnel, and the conditions under which
18
school records are to be made available to appropriate
19
department personnel. Such agreement shall require
20
notification to any classroom teacher of assignment to the
21
teacher's classroom of a juvenile who has been placed in a
22
community control or commitment program for a felony offense.
23
The agencies entering into such agreement must comply with s.
24
943.0525, and must maintain the confidentiality of information
25
that is otherwise exempt from s. 119.07(1), as provided by
26
law.
27
Section 27. Subsection (9) of section 948.03, Florida
28
Statutes, 1996 Supplement, is amended to read:
29
948.03 Terms and conditions of probation or community
30
control.--
31
40
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(9)(a) As a condition of community control, probation,
2
or probation following incarceration, require an offender who
3
has not obtained a high school diploma or high school
4
equivalency diploma or who lacks basic or functional literacy
5
skills, upon acceptance by an adult education program, to make
6
a good faith effort toward completion of such basic or
7
functional literacy skills or high school equivalency diploma,
8
as defined in s. ss. 228.0713 and 229.814, in accordance with
9
the assessed adult general education needs of the individual
10
offender. The court shall not revoke community control,
11
probation, or probation following incarceration because of the
12
offender's inability to achieve such skills or diploma but may
13
revoke community control, probation, or probation following
14
incarceration if the offender fails to make a good faith
15
effort to achieve such skills or diploma. The court may grant
16
early termination of community control, probation, or
17
probation following incarceration upon the offender's
18
successful completion of the approved program. As used in
19
this subsection, "good faith effort" means the offender is
20
enrolled in a program of instruction and is attending and
21
making satisfactory progress toward completion of the
22
requirements.
23
(b) A juvenile on community control who is a public
24
school student must attend a public adult education program or
25
a dropout prevention program, pursuant to s. 230.2316, which
26
includes a second chance school or an alternative to
27
expulsion, if the school district where the juvenile is
28
enrolled offers such programs, unless the principal of the
29
school determines that special circumstances warrant
30
continuation in the regular educational school program.
31
41
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Third Engrossed
1
(c) If a juvenile on community control attends a
2
regular educational school program because a public adult
3
education program or dropout prevention program, which
4
includes a second chance school or an alternative to
5
expulsion, is not available in the school district, the
6
identity of the juvenile on community control, the nature of
7
the felony offense committed by the juvenile, and the
8
conditions of community control must be made known to each of
9
the student's teachers.
10
Section 28. Except as otherwise provided in this act,
11
this act shall take effect July 1, 1997.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
42