House Bill hb0051B

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    Florida House of Representatives - 2001                HB 51-B

        By Representatives Mealor, Baxley, Kilmer, Andrews and
    Harrell





  1                      A bill to be entitled

  2         An act relating to academic freedom and

  3         responsibility; creating s. 228.506, F.S.;

  4         requiring appointed board members to take an

  5         oath of allegiance; creating s. 228.507, F.S.;

  6         providing legislative findings regarding

  7         academic freedom and responsibility; requiring

  8         the Florida Board of Education to convene an

  9         advisory board; amending s. 876.05, F.S.;

10         revising the oath required of persons employed

11         by school boards and districts of the free

12         public school system and public institutions of

13         higher learning; reenacting ss. 876.06, 876.07,

14         876.08, 876.09, and 876.10, F.S., relating to

15         discharge, qualification, penalty, scope, and

16         false oath, to incorporate the amendment to s.

17         876.05, F.S., in references thereto; providing

18         an effective date.

19

20         WHEREAS, our public educational system is the genius of

21  our democracy, where the minds of our youth are developed and

22  the character of that development determines the future of our

23  land, and

24         WHEREAS, teachers have great influence in shaping the

25  attitude of young minds towards the society in which they

26  live, and the state has a vital concern that this influence is

27  exercised with the responsibility and integrity required by

28  the search for truth within an ordered and orderly society,

29  NOW, THEREFORE,

30

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida House of Representatives - 2001                HB 51-B

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  1         Section 1.  Section 228.506, Florida Statutes, is

  2  created to read:

  3         228.506  Appointed board members; oath of

  4  allegiance.--Each member of the Florida Board of Education,

  5  each member of the university boards of trustees, and each

  6  member of the community college district boards of trustees

  7  shall, if he or she is a member of such board upon the

  8  effective date of this act at the next regularly scheduled

  9  meeting of the board of which he or she is a member and

10  otherwise before he or she enters upon the duties of a board

11  member, take the following oath:

12

13         I do solemnly swear or affirm that I will support,

14  protect, and defend the Constitution and Government of the

15  United States and of the State of Florida; that I am duly

16  qualified to appointment as a member of the ...(name of

17  board)...; and that I will well and faithfully perform the

18  duties of a member of the ...(name of board)... on which I am

19  now about to enter.  So help me God.

20         Section 2.  Section 228.507, Florida Statutes, is

21  created to read:

22         228.507  Academic freedom and responsibility.--

23         (1)  The Legislature finds that:

24         (a)  The mission of K-20 public education is a mission

25  that must be conducted for the general public good and not to

26  further the interest or belief of any individual teacher or

27  public educational institution or agency.

28         (b)  The general public good depends upon a free search

29  for truth and its free exposition.

30

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  1         (c)  Academic freedom is fundamental to seeking and

  2  explaining truth but carries with it duties and

  3  responsibilities correlative with rights.

  4         (d)  Teachers in our public educational institutions

  5  are not only members of a learned profession but are also

  6  representatives of the educational institution they serve and

  7  recipients of public funds for the performance of their

  8  duties.

  9         (e)  Teachers should be free from censorship, but their

10  special position imposes special obligations, including the

11  obligation at all times to seek to be accurate, exercise

12  appropriate restraint as scholars and educational officers,

13  and show respect for the opinions of others.

14         (2)  Pursuant to s. 229.0072(4)(i), the Florida Board

15  of Education shall immediately convene an advisory board to

16  address the issue of academic freedom and responsibility

17  within the seamless K-20 education system. By January 1, 2002,

18  the advisory board shall make recommendations to the Florida

19  Board of Education regarding rules necessary to comply with

20  this act, including, but not limited to, rules that establish

21  just cause for dismissal from employment upon violation. By

22  February 1, 2002, the Florida Board of Education shall report

23  to the Legislature its recommendations for rules as well as

24  its recommendations for any statutory changes necessary to

25  support the recommended rules.

26         Section 3.  Section 876.05, Florida Statutes, is

27  amended to read:

28         876.05  Public employees; oath.--

29         (1)(a)  All persons who now or hereafter are employed

30  by or who now or hereafter are on the payroll of the state, or

31  any of its departments and agencies, subdivisions, counties,

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    Florida House of Representatives - 2001                HB 51-B

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  1  cities, school boards and districts of the free public school

  2  system of the state or counties, or institutions of higher

  3  learning, and all candidates for public office, are required

  4  to take an oath before any person duly authorized to take

  5  acknowledgments of instruments for public record in the state

  6  in the following form:

  7

  8         I, ...., a citizen of the State of Florida and of the

  9  United States of America, and being employed by or an officer

10  of .... and a recipient of public funds as such employee or

11  officer, do hereby solemnly swear or affirm that I will

12  support the Constitution of the United States and of the State

13  of Florida.

14

15         (b)(2)  Said oath shall be filed with the records of

16  the governing official or employing governmental agency prior

17  to the approval of any voucher for the payment of salary,

18  expenses, or other compensation.

19         (2)(a)  All persons who now or hereafter are employed

20  by or who now or hereafter are on the payroll of school boards

21  and districts of the free public school system or public

22  institutions of higher learning are required to take an oath

23  before any person duly authorized to take acknowledgments of

24  instruments for public record in the state in the following

25  form:

26

27         I, ...., being employed by .... and a recipient of

28  public funds as such employee, do hereby solemnly swear or

29  affirm that I will support the Constitution of the United

30  States and of the State of Florida.

31

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  1         (b)  Said oath shall be filed with the records of the

  2  employing governmental agency prior to the approval of any

  3  voucher for the payment of salary, expenses, or other

  4  compensation.

  5         Section 4.  For the purpose of incorporating the

  6  amendment to section 876.05, Florida Statutes, in references

  7  thereto, the sections or subdivisions of Florida Statutes set

  8  forth below are reenacted to read:

  9         876.06  Discharge for refusal to execute.--If any

10  person required by ss. 876.05-876.10 to take the oath herein

11  provided for fails to execute the same, the governing

12  authority under which such person is employed shall cause said

13  person to be immediately discharged, and his or her name

14  removed from the payroll, and such person shall not be

15  permitted to receive any payment as an employee or as an

16  officer where he or she was serving.

17         876.07  Oath as prerequisite to qualification for

18  public office.--Any person seeking to qualify for public

19  office who fails or refuses to file the oath required by this

20  act shall be held to have failed to qualify as a candidate for

21  public office, and the name of such person shall not be

22  printed on the ballot as a qualified candidate.

23         876.08  Penalty for not discharging.--Any governing

24  authority or person, under whom any employee is serving or by

25  whom employed who shall knowingly or carelessly permit any

26  such employee to continue in employment after failing to

27  comply with the provisions of ss. 876.05-876.10, shall be

28  guilty of a misdemeanor of the second degree, punishable as

29  provided in s. 775.082 or s.  775.083.

30         876.09  Scope of law.--

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    Florida House of Representatives - 2001                HB 51-B

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  1         (1)  The provisions of ss. 876.05-876.10 shall apply to

  2  all employees and elected officers of the state, including the

  3  Governor and constitutional officers and all employees and

  4  elected officers of all cities, towns, counties, and political

  5  subdivisions, including the educational system.

  6         (2)  This act shall take precedence over all laws

  7  relating to merit, and of civil service law.

  8         876.10  False oath; penalty.--If any person required by

  9  the provisions of ss. 876.05-876.10 to execute the oath herein

10  required executes such oath, and it is subsequently proven

11  that at the time of the execution of said oath said individual

12  was guilty of making a false statement in said oath, he or she

13  shall be guilty of perjury.

14         Section 5.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Requires members of the Florida Board of Education,
20    university boards of trustees, and community college
      district boards of trustees to take an oath of
21    allegiance. Requires the Florida Board of Education to
      convene an advisory board to address the issue of
22    academic freedom and responsibility. Requires the
      advisory board to make certain recommendations to the
23    Florida Board of Education. Revises the oath required of
      persons employed by school boards and districts of the
24    free public school system and public institutions of
      higher learning.
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