Florida Senate - 2025 CS for CS for SB 1702
By the Appropriations Committee on Pre-K - 12 Education; the
Committee on Education Pre-K - 12; and Senator Burgess
602-03441-25 20251702c2
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; requiring the Commissioner of Education to
28 coordinate with school districts selected by the
29 Department of Education to implement a policy for a
30 specified school year prohibiting the use of cell
31 phones while on school grounds or engaged in certain
32 activities off school grounds; requiring the
33 department to provide a report to the Legislature
34 before a specified date; providing requirements for
35 the report; requiring that the report include a model
36 policy that school districts and charter schools may
37 adopt; requiring that the report and model policy
38 address the authorized use of cell phones and
39 electronic devices during the school day by certain
40 students; requiring that the report include specified
41 student code of conduct provisions; providing an
42 effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Subsection (5) of section 810.097, Florida
47 Statutes, is amended, and subsection (6) is added to that
48 section, to read:
49 810.097 Trespass upon grounds or facilities of a school;
50 penalties; arrest.—
51 (5) As used in this section, the term:
52 (a) “School” means the grounds or any facility, including
53 school buses, of any kindergarten, elementary school, middle
54 school, junior high school, or secondary school, whether public
55 or nonpublic.
56 (b) “School bus” means any vehicle operated, owned, or
57 contracted by a school district for student transportation.
58 (6) For purposes of this section, a clearly posted sign or
59 a verbal warning provided by the school bus operator, the
60 principal, a school district employee, or law enforcement
61 personnel, indicating that unauthorized boarding or remaining on
62 a school bus is prohibited and violators will be prosecuted,
63 constitutes sufficient notice and satisfies the prior warning
64 requirement necessary for immediate arrest and prosecution of
65 any person who boards, enters, or remains upon a school bus
66 without authorization.
67 Section 2. Paragraph (g) is added to subsection (9) of
68 section 901.15, Florida Statutes, to read:
69 901.15 When arrest by officer without warrant is lawful.—A
70 law enforcement officer may arrest a person without a warrant
71 when:
72 (9) There is probable cause to believe that the person has
73 committed:
74 (g) Trespass upon school grounds or facilities, including
75 school buses as defined in s. 810.097(5)(b), in violation of
76 that section.
77 Section 3. Paragraph (c) is added to subsection (19) of
78 section 1002.42, Florida Statutes, to read:
79 1002.42 Private schools.—
80 (19) FACILITIES.—
81 (c) A private school located in a county with four
82 incorporated municipalities may construct new facilities, which
83 may be temporary or permanent, on property purchased from or
84 owned or leased by a library, community service organization,
85 museum, performing arts venue, theater, cinema, or church under
86 s. 170.201, which is or was actively used as such within 5 years
87 of any executed agreement with a private school; any land owned
88 by a Florida College System institution or university; and any
89 land recently used to house a school or child care facility
90 licensed under s. 402.305, under its preexisting zoning and land
91 use designations without rezoning or obtaining a special
92 exception or a land use change, and without complying with any
93 mitigation requirements or conditions. Any new facility must be
94 located on property used solely for purposes described in this
95 paragraph, and must meet applicable state and local health,
96 safety, and welfare laws, codes, and rules, including firesafety
97 and building safety.
98 Section 4. Paragraph (b) of subsection (5) of section
99 1002.33, Florida Statutes, is amended to read:
100 1002.33 Charter schools.—
101 (5) SPONSOR; DUTIES.—
102 (b) Sponsor duties.—
103 1.a. The sponsor shall monitor and review the charter
104 school, using the standard monitoring tool, in its progress
105 toward the goals established in the charter.
106 b. The sponsor shall monitor the revenues and expenditures
107 of the charter school and perform the duties provided in s.
108 1002.345.
109 c. The sponsor may approve a charter for a charter school
110 before the applicant has identified space, equipment, or
111 personnel, if the applicant indicates approval is necessary for
112 it to raise working funds.
113 d. The sponsor may not apply its policies to a charter
114 school unless mutually agreed to by both the sponsor and the
115 charter school. If the sponsor subsequently amends any agreed
116 upon sponsor policy, the version of the policy in effect at the
117 time of the execution of the charter, or any subsequent
118 modification thereof, shall remain in effect and the sponsor may
119 not hold the charter school responsible for any provision of a
120 newly revised policy until the revised policy is mutually agreed
121 upon.
122 e. The sponsor shall ensure that the charter is innovative
123 and consistent with the state education goals established by s.
124 1000.03(5).
125 f. The sponsor shall ensure that the charter school
126 participates in the state’s education accountability system. If
127 a charter school falls short of performance measures included in
128 the approved charter, the sponsor shall report such shortcomings
129 to the Department of Education.
130 g. The sponsor is not liable for civil damages under state
131 law for personal injury, property damage, or death resulting
132 from an act or omission of an officer, employee, agent, or
133 governing body of the charter school.
134 h. The sponsor is not liable for civil damages under state
135 law for any employment actions taken by an officer, employee,
136 agent, or governing body of the charter school.
137 i. The sponsor’s duties to monitor the charter school do
138 not constitute the basis for a private cause of action.
139 j. The sponsor may not impose additional reporting
140 requirements on a charter school as long as the charter school
141 has not been identified as having a deteriorating financial
142 condition or financial emergency pursuant to s. 1002.345.
143 k. The sponsor shall submit an annual report to the
144 Department of Education in a web-based format to be determined
145 by the department.
146 (I) The report shall include the following information:
147 (A) The number of applications received during the school
148 year and up to August 1 and each applicant’s contact
149 information.
150 (B) The date each application was approved, denied, or
151 withdrawn.
152 (C) The date each final contract was executed.
153 (II) Annually, by November 1, the sponsor shall submit to
154 the department the information for the applications submitted
155 the previous year.
156 (III) The department shall compile an annual report, by
157 sponsor, and post the report on its website by January 15 of
158 each year.
159 2. Immunity for the sponsor of a charter school under
160 subparagraph 1. applies only with respect to acts or omissions
161 not under the sponsor’s direct authority as described in this
162 section.
163 3. This paragraph does not waive a sponsor’s sovereign
164 immunity.
165 4. A Florida College System institution may work with the
166 school district or school districts in its designated service
167 area to develop charter schools that offer secondary education.
168 These charter schools must include an option for students to
169 receive an associate degree upon high school graduation. If a
170 Florida College System institution operates an approved teacher
171 preparation program under s. 1004.04 or s. 1004.85, the
172 institution may operate charter schools that serve students in
173 kindergarten through grade 12 in any school district within the
174 service area of the institution. District school boards shall
175 cooperate with and assist the Florida College System institution
176 on the charter application. Florida College System institution
177 applications for charter schools are not subject to the time
178 deadlines outlined in subsection (6) and may be approved by the
179 district school board at any time during the year. Florida
180 College System institutions may not report FTE for any students
181 participating under this subparagraph who receive FTE funding
182 through the Florida Education Finance Program.
183 5. For purposes of assisting the development of a charter
184 school, a school district may enter into nonexclusive interlocal
185 agreements with federal and state agencies, counties,
186 municipalities, and other governmental entities that operate
187 within the geographical borders of the school district to act on
188 behalf of such governmental entities in the inspection,
189 issuance, and other necessary activities for all necessary
190 permits, licenses, and other permissions that a charter school
191 needs in order for development, construction, or operation. A
192 charter school may use, but may not be required to use, a school
193 district for these services. The interlocal agreement must
194 include, but need not be limited to, the identification of fees
195 that charter schools will be charged for such services. The fees
196 must consist of the governmental entity’s fees plus a fee for
197 the school district to recover no more than actual costs for
198 providing such services. These services and fees are not
199 included within the services to be provided pursuant to
200 subsection (20). Notwithstanding any other provision of law, an
201 interlocal agreement or ordinance that imposes a greater
202 regulatory burden on charter schools than school districts or
203 that prohibits or limits the creation of a charter school is
204 void and unenforceable. An interlocal agreement entered into by
205 a school district for the development of only its own schools,
206 including provisions relating to the extension of
207 infrastructure, may be used by charter schools.
208 6. The board of trustees of a sponsoring state university
209 or Florida College System institution under paragraph (a) is the
210 local educational agency for all charter schools it sponsors for
211 purposes of receiving federal funds and accepts full
212 responsibility for all local educational agency requirements and
213 the schools for which it will perform local educational agency
214 responsibilities. A student enrolled in a charter school that is
215 sponsored by a state university or Florida College System
216 institution may not be included in the calculation of the school
217 district’s grade under s. 1008.34(5) for the school district in
218 which he or she resides.
219 Section 5. Subsection (17) of section 1002.84, Florida
220 Statutes, is amended to read:
221 1002.84 Early learning coalitions; school readiness powers
222 and duties.—Each early learning coalition shall:
223 (17)(a) Distribute the school readiness program funds as
224 allocated in the General Appropriations Act to each eligible
225 provider based upon the reimbursement rate by county, by
226 provider type, and by care level. All instructions to early
227 learning coalitions for distributing the school readiness
228 program funds to eligible providers shall emanate from the
229 department in accordance with the policies of the Legislature.
230 (b) All provider reimbursement rates shall be charged as
231 direct services pursuant to s. 1002.89.
232
233 Each early learning coalition and the Redlands Christian Migrant
234 Association with approved prior year provider reimbursement
235 rates for the infant to age 5 care levels that are higher than
236 the provider reimbursement rates established in this subsection
237 may continue to implement their its approved prior year provider
238 reimbursement rates until the rates established in this
239 subsection exceed its prior year rates.
240 Section 6. Paragraph (f) of subsection (3) of section
241 1003.4282, Florida Statutes, is amended to read:
242 1003.4282 Requirements for a standard high school diploma.—
243 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
244 REQUIREMENTS.—
245 (f) One credit in physical education.—Physical education
246 must include the integration of health. Participation in an
247 interscholastic sport at the junior varsity or varsity level for
248 two full seasons shall satisfy the one-credit requirement in
249 physical education. A district school board may not require that
250 the one credit in physical education be taken during the 9th
251 grade year. Completion of 2 years of marching band shall satisfy
252 the one-credit requirement in physical education or the one
253 credit requirement in performing arts. This credit may not be
254 used to satisfy the personal fitness requirement or the
255 requirement for adaptive physical education under an individual
256 education plan (IEP) or 504 plan. Completion of one semester
257 with a grade of “C” or better in a marching band class, in a
258 physical activity class that requires participation in marching
259 band activities as an extracurricular activity, or in a dance
260 class shall satisfy one-half credit in physical education or
261 one-half credit in performing arts. This credit may not be used
262 to satisfy the personal fitness requirement or the requirement
263 for adaptive physical education under an IEP individual
264 education plan (IEP) or 504 plan. Completion of 2 years in a
265 Reserve Officer Training Corps (R.O.T.C.) class, a significant
266 component of which is drills, shall satisfy the one-credit
267 requirement in physical education and the one-credit requirement
268 in performing arts. This credit may not be used to satisfy the
269 personal fitness requirement or the requirement for adaptive
270 physical education under an IEP or 504 plan.
271 Section 7. Paragraph (b) of subsection (5) of section
272 1011.71, Florida Statutes, is amended to read:
273 1011.71 District school tax.—
274 (5) A school district may expend, subject to s. 200.065, up
275 to $200 per unweighted full-time equivalent student from the
276 revenue generated by the millage levy authorized by subsection
277 (2) to fund, in addition to expenditures authorized in
278 paragraphs (2)(a)-(j), expenses for the following:
279 (b) Payment of the cost of premiums, as defined in s.
280 627.403, for property and casualty insurance necessary to insure
281 school district educational and ancillary plants. As used in
282 this paragraph, casualty insurance has the same meaning as in s.
283 624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues
284 that are made available through the payment of property and
285 casualty insurance premiums from revenues generated under this
286 subsection may be expended only for nonrecurring operational
287 expenditures of the school district.
288 Section 8. (1) The Commissioner of Education shall
289 coordinate with six districts selected by the Department of
290 Education which represent two small, two medium, and two large
291 counties that currently implement, or will implement in the
292 2025-2026 school year, a policy that prohibits the use of cell
293 phones and other personal electronic devices by students during
294 the entire school day, while on school grounds, or while engaged
295 in school activities off school grounds during the school day.
296 The department shall provide a report to the President of the
297 Senate and the Speaker of the House of Representatives before
298 December 1, 2026, summarizing the effect of each district policy
299 on student achievement and behavior. The report must also
300 include a model policy that school districts and charter schools
301 may adopt.
302 (2) The report and model policy must address the authorized
303 use of cell phones or other electronic devices during the school
304 day by students:
305 (a) With disabilities or who are English Language Learners
306 who may need such electronic devices to access curriculum or
307 other required activities.
308 (b) When necessary for health reasons, for emergency
309 medical issues, or for natural or manmade disasters.
310 (c) On school buses, before or after school hours.
311 (d) Engaged in extracurricular activities outside of the
312 school day.
313 (3) The report must also include student code of conduct
314 provisions for violations of the policy restricting the use of
315 cell phones and other electronic devices, including, but not
316 limited to, those violations that:
317 (a) Constitute illegal behavior and may result in a
318 referral to law enforcement.
319 (b) Facilitate bullying, harassing, or threatening other
320 students.
321 (c) Facilitate cheating or otherwise violating a school’s
322 policy for academic integrity.
323 (d) Capture or display any picture or video of any student
324 during a medical issue or engaged in misconduct.
325 Section 9. This act shall take effect July 1, 2025.