Florida Senate - 2025                                    SB 1232
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00491B-25                                           20251232__
    1                        A bill to be entitled                      
    2         An act relating to notification of anti-harassment
    3         policies and supportive measures; creating s. 1000.09,
    4         F.S.; providing definitions; requiring schools to
    5         establish anti-harassment policies and supportive
    6         measures; providing requirements for the policies and
    7         measures; requiring schools to notify specified
    8         persons of the policies and measures; providing
    9         requirements for the notifications; requiring the
   10         policies and measures to be published in specified
   11         places and on certain websites; providing requirements
   12         for the notification of students under the age of 18;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 1000.09, Florida Statutes, is created to
   18  read:
   19         1000.09Notification of anti-harassment policies and
   20  supportive measures.—
   21         (1)For purposes of this section, the term:
   22         (a)“Anti-harassment policies” means any policy, procedure,
   23  or rule regarding sexual assault, sexual abuse, domestic
   24  violence, dating violence, and stalking that occur on school
   25  premises, on school transportation, or at a school-sponsored,
   26  off-campus event.
   27         (b)“Child advocacy center” means a center that coordinates
   28  the investigation, treatment, and prosecution of child abuse
   29  cases by using multidisciplinary teams of professionals involved
   30  in child protective and victim advocacy services, law
   31  enforcement and prosecution, and physical and mental health.
   32         (c)“Frequently encountered language” means a language that
   33  is the primary language spoken by:
   34         1.At least 5 percent of the overall student and employee
   35  population of the school;
   36         2.At least 5 percent of the population in the county in
   37  which the school is located; or
   38         3.At least 1,000 people in the county in which the school
   39  is located.
   40         (d)“School” means a public K-12 school, public
   41  postsecondary educational institution, or a private K-12 school,
   42  college, or university.
   43         (e)“Sexual assault service provider” means an agency that
   44  provides victim advocacy and support services to survivors of
   45  sexual violence.
   46         (f)“Supportive measures” means individualized measures
   47  related to sexual assault, sexual abuse, domestic violence,
   48  dating violence, and stalking which are nondisciplinary or
   49  nonpunitive measures that are offered to a student, a member of
   50  the school staff, or a school volunteer to protect the safety of
   51  all parties, provide reasonable accommodations, and support
   52  educational success.
   53         (2)(a)A school’s anti-harassment policies must:
   54         1.Include options for a student to report an incident of
   55  sexual assault, sexual abuse, domestic violence, dating
   56  violence, and stalking.
   57         2.Include the rights of victims and offenders under the
   58  law during any investigation or disciplinary proceedings
   59  conducted by the school.
   60         3.Include the process the school will use for the
   61  investigation and disciplinary proceedings, including any rights
   62  to an appeal.
   63         4.Confirm, after a report has been made to the school,
   64  whether the school has an affirmative duty to report to law
   65  enforcement.
   66         5.Be published and posted on the school’s campus in a
   67  color, size, and font that allow the anti-harassment policies
   68  and supportive measures to be easily read.
   69         6.Be available in frequently encountered languages to
   70  ensure timely and meaningful access for students, parents,
   71  school staff, and school volunteers with limited English
   72  proficiency. Processes should be in place for access to the
   73  material in less frequently encountered languages through oral
   74  interpretation upon request.
   75         (b)A school’s supportive measures must:
   76         1.Include all of the following:
   77         a.The name, title, e-mail address, physical address, and
   78  telephone number of the person designated to receive reports of
   79  violations of the anti-harassment policies and provide
   80  information regarding anti-harassment policies and supportive
   81  measures.
   82         b.The name, telephone number, and website address for a
   83  local, state, or national hotline providing information to
   84  victims of sexual assault, sexual abuse, domestic violence,
   85  dating violence, and stalking.
   86         c.The name, telephone number, and website address of the
   87  nearest Child Advocacy Center and sexual assault service
   88  provider.
   89         2.Be published and posted on the school’s campus in a
   90  color, size and font that allow the supportive measures to be
   91  easily read.
   92         3.Be available in frequently encountered languages to
   93  ensure timely and meaningful access for students, parents,
   94  school staff, and school volunteers with limited English
   95  proficiency. Processes should be in place for access to the
   96  material in less frequently encountered languages through oral
   97  interpretation upon request.
   98         (c)A school’s supportive measures may include, but are not
   99  limited to, the following:
  100         1.Counseling, health care, and mental health care.
  101         2.Victim advocacy and legal assistance.
  102         3.Extensions of deadlines or other class-related
  103  adjustments, modifications of work or class schedules, and
  104  campus safety escort services.
  105         4.Mutual restrictions on contact between relevant parties,
  106  changes in work or housing locations, leaves of absence,
  107  increased security and monitoring of certain areas of the
  108  school, and other similar measures.
  109         (3)Each school shall notify every student, parent, school
  110  staff, and school volunteer of the school’s anti-harassment
  111  policies and supportive measures by:
  112         (a) Including the school’s anti-harassment policies and
  113  supportive measures in any student, parent, school staff, or
  114  school volunteer handbook or catalog, or similar publication
  115  listing rights, responsibilities, or standards of conduct.
  116         (b)Providing the anti-harassment policies and supportive
  117  measures directly to the student, parent, school staff, or
  118  school volunteer through the mode of communication the student,
  119  parent, school staff, or school volunteer has elected to receive
  120  communications from the school.
  121         1.For students and parents, provide the anti-harassment
  122  policies and supportive measures at the time of enrollment or
  123  registration, and each school year thereafter within 30 days
  124  after the first day of school.
  125         2.For school staff or school volunteers, provide the anti
  126  harassment policies and supportive measures at the time the
  127  school staff is hired or the school volunteer begins and require
  128  school staff and school volunteers to review the anti-harassment
  129  policies and supportive measures within 30 days after the first
  130  day of school each school year thereafter.
  131         (c)Placing a physical copy of the anti-harassment policies
  132  and supportive measures in a clearly visible location in a
  133  public area of the school that is readily accessible to and
  134  widely used by students and in a location that is readily
  135  accessible to parents, school staff, and school volunteers.
  136         (d)Posting the anti-harassment policies and supportive
  137  measures in a prominent location on the school’s website which
  138  is accessible from the homepage by use of not more than three
  139  clicks. The school shall also provide a copy of the policies to
  140  the governing body of the school to be posted on the governing
  141  body’s website, in a prominent location, that is accessible from
  142  the school’s homepage by use of not more than three clicks.
  143         (4)To provide notice to a student under 18 years of age,
  144  the school shall provide the notice to the student’s parent.
  145  However, the school may also provide notice to the student in an
  146  age-appropriate or developmentally appropriate manner.
  147         Section 2. This act shall take effect July 1, 2025.