Florida Senate - 2025                                    SB 1254
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-01653-25                                            20251254__
    1                        A bill to be entitled                      
    2         An act relating to student data; amending s. 1001.42,
    3         F.S.; requiring a district school board to ensure that
    4         all contracts between the school district and a third
    5         party entity contain a specified provision; providing
    6         additional duties to a district school board to
    7         contract with third-party entities; requiring a
    8         district school board to publish on its website any
    9         portion of a new or existing agreement made with a
   10         third-party entity relating to student data collection
   11         or dissemination; requiring a third-party entity that
   12         violates a specified provision to have its contract
   13         terminated within a specified timeframe; prohibiting a
   14         third-party entity that commits a violation from
   15         contracting with any school district in this state;
   16         requiring a school district to report violations to
   17         the Department of Education; requiring the department
   18         to publish a violation on its website for a specified
   19         time period; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsection (29) of section 1001.42,
   24  Florida Statutes, is redesignated as subsection (30), and a new
   25  subsection (29) is added to that section, to read:
   26         1001.42 Powers and duties of district school board.—The
   27  district school board, acting as a board, shall exercise all
   28  powers and perform all duties listed below:
   29         (29) THIRD-PARTY CONTRACTING REQUIREMENTS.—
   30         (a) Ensure that all contracts or written agreements between
   31  a school district and a third-party entity contain the following
   32  language:
   33  
   34         Florida is a parental consent state. A third-party
   35         entity may not collect or disseminate a child’s
   36         personal or private information gained through
   37         interacting with a school district without full
   38         disclosure and consent of the child’s parent or
   39         guardian. Any data collection effort, direct or
   40         indirect, or planned or anticipated sale or transfer
   41         of such data must be made explicitly clear by parties
   42         engaging with a school district. Information may only
   43         be used for data collection or dissemination through
   44         clearly understandable opt-in provisions provided to
   45         each student’s parent or guardian. All opt-in
   46         agreements must be published on the school district’s
   47         website for parental awareness.
   48  
   49         (b)1. Require third-party entities to disclose to the
   50  school district any student information collection or
   51  dissemination.
   52         2. Require that third-party entities collect and
   53  disseminate student data only upon receiving the required opt-in
   54  agreements from each student’s parent or guardian.
   55         3. Any portion of a new or existing agreement made between
   56  the school district and a third party-entity relating to student
   57  data collection or dissemination must be posted on the school
   58  district’s website.
   59         (c) A school district shall terminate a contract with a
   60  third-party entity that violates this subsection within 5 days
   61  after the determination that a violation occurred.
   62         (d) Upon such determination, the third-party entity may not
   63  contract with any school district in this state. The school
   64  district shall report each violation to the department. The
   65  violation must be published on the department’s website for no
   66  less than 6 months after the violation is determined.
   67         Section 2. This act shall take effect July 1, 2025.