Florida Senate - 2025                             CS for SB 1702
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Burgess
       
       
       
       
       
       581-03087-25                                          20251702c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 810.097,
    3         F.S.; defining the term “school bus”; specifying
    4         sufficient notice and prior warning for immediate
    5         arrest and prosecution for school bus trespassing;
    6         amending s. 901.15, F.S.; providing that a law
    7         enforcement officer may arrest a person without a
    8         warrant when there is probable cause to believe that
    9         the person has trespassed upon school grounds or
   10         facilities; amending s. 1002.42, F.S.; authorizing a
   11         private school in a county that meets certain criteria
   12         to construct new facilities on certain property;
   13         specifying that such construction is not subject to
   14         certain zoning or land use conditions; requiring such
   15         construction to meet certain health and safety
   16         requirements; amending s. 1002.33, F.S.; requiring a
   17         charter school sponsor to use a standard monitoring
   18         tool to monitor and review a charter school; amending
   19         s. 1002.84, F.S.; authorizing the Redlands Christian
   20         Migrant Association to use certain school readiness
   21         reimbursement rates; amending s. 1003.4282, F.S.;
   22         specifying that certain participation in marching band
   23         satisfies the physical education or performing arts
   24         credit requirement for a standard high school diploma;
   25         amending s. 1011.71, F.S.; authorizing the use of
   26         certain school district tax revenue for liability
   27         insurance; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (5) of section 810.097, Florida
   32  Statutes, is amended, and subsection (6) is added to that
   33  section, to read:
   34         810.097 Trespass upon grounds or facilities of a school;
   35  penalties; arrest.—
   36         (5) As used in this section, the term:
   37         (a) “School” means the grounds or any facility, including
   38  school buses, of any kindergarten, elementary school, middle
   39  school, junior high school, or secondary school, whether public
   40  or nonpublic.
   41         (b) School bus” means any vehicle operated, owned, or
   42  contracted by a school district for student transportation.
   43         (6) For purposes of this section, a clearly posted sign or
   44  a verbal warning provided by the school bus operator, the
   45  principal, a school district employee, or law enforcement
   46  personnel, indicating that unauthorized boarding or remaining on
   47  a school bus is prohibited and violators will be prosecuted,
   48  constitutes sufficient notice and satisfies the prior warning
   49  requirement necessary for immediate arrest and prosecution of
   50  any person who boards, enters, or remains upon a school bus
   51  without authorization.
   52         Section 2. Paragraph (g) is added to subsection (9) of
   53  section 901.15, Florida Statutes, to read:
   54         901.15 When arrest by officer without warrant is lawful.—A
   55  law enforcement officer may arrest a person without a warrant
   56  when:
   57         (9) There is probable cause to believe that the person has
   58  committed:
   59         (g) Trespass upon school grounds or facilities, including
   60  school buses as defined in s. 810.097(5)(b), in violation of
   61  that section.
   62         Section 3. Paragraph (c) is added to subsection (19) of
   63  section 1002.42, Florida Statutes, to read:
   64         1002.42 Private schools.—
   65         (19) FACILITIES.—
   66         (c) A private school located in a county with four
   67  incorporated municipalities may construct new facilities, which
   68  may be temporary or permanent, on property purchased from or
   69  owned or leased by a library, community service organization,
   70  museum, performing arts venue, theater, cinema, or church under
   71  s. 170.201, which is or was actively used as such within 5 years
   72  of any executed agreement with a private school; any land owned
   73  by a Florida College System institution or university; and any
   74  land recently used to house a school or child care facility
   75  licensed under s. 402.305, under its preexisting zoning and land
   76  use designations without rezoning or obtaining a special
   77  exception or a land use change, and without complying with any
   78  mitigation requirements or conditions. Any new facility must be
   79  located on property used solely for purposes described in this
   80  paragraph, and must meet applicable state and local health,
   81  safety, and welfare laws, codes, and rules, including firesafety
   82  and building safety.
   83         Section 4. Paragraph (b) of subsection (5) of section
   84  1002.33, Florida Statutes, is amended to read:
   85         1002.33 Charter schools.—
   86         (5) SPONSOR; DUTIES.—
   87         (b) Sponsor duties.—
   88         1.a. The sponsor shall monitor and review the charter
   89  school, using the standard monitoring tool, in its progress
   90  toward the goals established in the charter.
   91         b. The sponsor shall monitor the revenues and expenditures
   92  of the charter school and perform the duties provided in s.
   93  1002.345.
   94         c. The sponsor may approve a charter for a charter school
   95  before the applicant has identified space, equipment, or
   96  personnel, if the applicant indicates approval is necessary for
   97  it to raise working funds.
   98         d. The sponsor may not apply its policies to a charter
   99  school unless mutually agreed to by both the sponsor and the
  100  charter school. If the sponsor subsequently amends any agreed
  101  upon sponsor policy, the version of the policy in effect at the
  102  time of the execution of the charter, or any subsequent
  103  modification thereof, shall remain in effect and the sponsor may
  104  not hold the charter school responsible for any provision of a
  105  newly revised policy until the revised policy is mutually agreed
  106  upon.
  107         e. The sponsor shall ensure that the charter is innovative
  108  and consistent with the state education goals established by s.
  109  1000.03(5).
  110         f. The sponsor shall ensure that the charter school
  111  participates in the state’s education accountability system. If
  112  a charter school falls short of performance measures included in
  113  the approved charter, the sponsor shall report such shortcomings
  114  to the Department of Education.
  115         g. The sponsor is not liable for civil damages under state
  116  law for personal injury, property damage, or death resulting
  117  from an act or omission of an officer, employee, agent, or
  118  governing body of the charter school.
  119         h. The sponsor is not liable for civil damages under state
  120  law for any employment actions taken by an officer, employee,
  121  agent, or governing body of the charter school.
  122         i. The sponsor’s duties to monitor the charter school do
  123  not constitute the basis for a private cause of action.
  124         j. The sponsor may not impose additional reporting
  125  requirements on a charter school as long as the charter school
  126  has not been identified as having a deteriorating financial
  127  condition or financial emergency pursuant to s. 1002.345.
  128         k. The sponsor shall submit an annual report to the
  129  Department of Education in a web-based format to be determined
  130  by the department.
  131         (I) The report shall include the following information:
  132         (A) The number of applications received during the school
  133  year and up to August 1 and each applicant’s contact
  134  information.
  135         (B) The date each application was approved, denied, or
  136  withdrawn.
  137         (C) The date each final contract was executed.
  138         (II) Annually, by November 1, the sponsor shall submit to
  139  the department the information for the applications submitted
  140  the previous year.
  141         (III) The department shall compile an annual report, by
  142  sponsor, and post the report on its website by January 15 of
  143  each year.
  144         2. Immunity for the sponsor of a charter school under
  145  subparagraph 1. applies only with respect to acts or omissions
  146  not under the sponsor’s direct authority as described in this
  147  section.
  148         3. This paragraph does not waive a sponsor’s sovereign
  149  immunity.
  150         4. A Florida College System institution may work with the
  151  school district or school districts in its designated service
  152  area to develop charter schools that offer secondary education.
  153  These charter schools must include an option for students to
  154  receive an associate degree upon high school graduation. If a
  155  Florida College System institution operates an approved teacher
  156  preparation program under s. 1004.04 or s. 1004.85, the
  157  institution may operate charter schools that serve students in
  158  kindergarten through grade 12 in any school district within the
  159  service area of the institution. District school boards shall
  160  cooperate with and assist the Florida College System institution
  161  on the charter application. Florida College System institution
  162  applications for charter schools are not subject to the time
  163  deadlines outlined in subsection (6) and may be approved by the
  164  district school board at any time during the year. Florida
  165  College System institutions may not report FTE for any students
  166  participating under this subparagraph who receive FTE funding
  167  through the Florida Education Finance Program.
  168         5. For purposes of assisting the development of a charter
  169  school, a school district may enter into nonexclusive interlocal
  170  agreements with federal and state agencies, counties,
  171  municipalities, and other governmental entities that operate
  172  within the geographical borders of the school district to act on
  173  behalf of such governmental entities in the inspection,
  174  issuance, and other necessary activities for all necessary
  175  permits, licenses, and other permissions that a charter school
  176  needs in order for development, construction, or operation. A
  177  charter school may use, but may not be required to use, a school
  178  district for these services. The interlocal agreement must
  179  include, but need not be limited to, the identification of fees
  180  that charter schools will be charged for such services. The fees
  181  must consist of the governmental entity’s fees plus a fee for
  182  the school district to recover no more than actual costs for
  183  providing such services. These services and fees are not
  184  included within the services to be provided pursuant to
  185  subsection (20). Notwithstanding any other provision of law, an
  186  interlocal agreement or ordinance that imposes a greater
  187  regulatory burden on charter schools than school districts or
  188  that prohibits or limits the creation of a charter school is
  189  void and unenforceable. An interlocal agreement entered into by
  190  a school district for the development of only its own schools,
  191  including provisions relating to the extension of
  192  infrastructure, may be used by charter schools.
  193         6. The board of trustees of a sponsoring state university
  194  or Florida College System institution under paragraph (a) is the
  195  local educational agency for all charter schools it sponsors for
  196  purposes of receiving federal funds and accepts full
  197  responsibility for all local educational agency requirements and
  198  the schools for which it will perform local educational agency
  199  responsibilities. A student enrolled in a charter school that is
  200  sponsored by a state university or Florida College System
  201  institution may not be included in the calculation of the school
  202  district’s grade under s. 1008.34(5) for the school district in
  203  which he or she resides.
  204         Section 5. Subsection (17) of section 1002.84, Florida
  205  Statutes, is amended to read:
  206         1002.84 Early learning coalitions; school readiness powers
  207  and duties.—Each early learning coalition shall:
  208         (17)(a) Distribute the school readiness program funds as
  209  allocated in the General Appropriations Act to each eligible
  210  provider based upon the reimbursement rate by county, by
  211  provider type, and by care level. All instructions to early
  212  learning coalitions for distributing the school readiness
  213  program funds to eligible providers shall emanate from the
  214  department in accordance with the policies of the Legislature.
  215         (b) All provider reimbursement rates shall be charged as
  216  direct services pursuant to s. 1002.89.
  217  
  218  Each early learning coalition and the Redlands Christian Migrant
  219  Association with approved prior year provider reimbursement
  220  rates for the infant to age 5 care levels that are higher than
  221  the provider reimbursement rates established in this subsection
  222  may continue to implement their its approved prior year provider
  223  reimbursement rates until the rates established in this
  224  subsection exceed its prior year rates.
  225         Section 6. Paragraph (f) of subsection (3) of section
  226  1003.4282, Florida Statutes, is amended to read:
  227         1003.4282 Requirements for a standard high school diploma.—
  228         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
  229  REQUIREMENTS.—
  230         (f) One credit in physical education.—Physical education
  231  must include the integration of health. Participation in an
  232  interscholastic sport at the junior varsity or varsity level for
  233  two full seasons shall satisfy the one-credit requirement in
  234  physical education. A district school board may not require that
  235  the one credit in physical education be taken during the 9th
  236  grade year. Completion of 2 years of marching band shall satisfy
  237  the one-credit requirement in physical education or the one
  238  credit requirement in performing arts. This credit may not be
  239  used to satisfy the personal fitness requirement or the
  240  requirement for adaptive physical education under an individual
  241  education plan (IEP) or 504 plan. Completion of one semester
  242  with a grade of “C” or better in a marching band class, in a
  243  physical activity class that requires participation in marching
  244  band activities as an extracurricular activity, or in a dance
  245  class shall satisfy one-half credit in physical education or
  246  one-half credit in performing arts. This credit may not be used
  247  to satisfy the personal fitness requirement or the requirement
  248  for adaptive physical education under an IEP individual
  249  education plan (IEP) or 504 plan. Completion of 2 years in a
  250  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  251  component of which is drills, shall satisfy the one-credit
  252  requirement in physical education and the one-credit requirement
  253  in performing arts. This credit may not be used to satisfy the
  254  personal fitness requirement or the requirement for adaptive
  255  physical education under an IEP or 504 plan.
  256         Section 7. Paragraph (b) of subsection (5) of section
  257  1011.71, Florida Statutes, is amended to read:
  258         1011.71 District school tax.—
  259         (5) A school district may expend, subject to s. 200.065, up
  260  to $200 per unweighted full-time equivalent student from the
  261  revenue generated by the millage levy authorized by subsection
  262  (2) to fund, in addition to expenditures authorized in
  263  paragraphs (2)(a)-(j), expenses for the following:
  264         (b) Payment of the cost of premiums, as defined in s.
  265  627.403, for property and casualty insurance necessary to insure
  266  school district educational and ancillary plants. As used in
  267  this paragraph, casualty insurance has the same meaning as in s.
  268  624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues
  269  that are made available through the payment of property and
  270  casualty insurance premiums from revenues generated under this
  271  subsection may be expended only for nonrecurring operational
  272  expenditures of the school district.
  273         Section 8. This act shall take effect July 1, 2025.