Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS/HB 1073, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Senator Leek moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1001.366, Florida Statutes, is created
6 to read:
7 1001.366 District School Board Members’ Bill of Rights.—A
8 member of a district school board has the right to:
9 (1) Upon request, be given free and timely access to all
10 school district documents necessary to fulfill the duties and
11 responsibilities required under the State Constitution and the
12 Florida Early Learning-20 Education Code. Access to documents
13 that are confidential or exempt from public disclosure must be
14 provided in compliance with applicable law. A request not
15 related to a matter on a publicly noticed meeting of the
16 district school board must be fulfilled within 10 business days
17 after receipt of such request. Any document provided to a
18 district school board member must be offered to all board
19 members.
20 (2) Consult with the school district’s chief financial
21 officer on general matters related to the budget and sources and
22 uses of school district funds, and have reasonable access, upon
23 request, to any detail or line item in any proposed or approved
24 budget or in any financial transaction by the school district.
25 (3) Request any document or information, except for
26 documents or information that the member would be prohibited by
27 law from accessing, from school district staff with the
28 permission of the superintendent or other members of the
29 administration where such permission may not be unreasonably
30 withheld.
31 (4) Comment publicly during or outside of district school
32 board meetings on any matter of district school board business,
33 except for student and employee disciplinary hearings that are
34 specifically addressed in ss. 1006.07 and 1012.34, respectively,
35 or other matters prohibited by law.
36 Section 2. Paragraph (c) is added to subsection (1) of
37 section 1001.42, Florida Statutes, to read:
38 1001.42 Powers and duties of district school board.—The
39 district school board, acting as a board, shall exercise all
40 powers and perform all duties listed below:
41 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.—Require the
42 district school superintendent, as secretary, to keep such
43 minutes and records as are necessary to set forth clearly all
44 actions and proceedings of the school board.
45 (c) Other records.—Other documents, including attachments
46 for agenda items, such as vendor contracts or budget documents,
47 must be kept as a public record with the minutes of each
48 meeting.
49 Section 3. Paragraph (a) of subsection (1) of section
50 1012.22, Florida Statutes, is amended, and paragraph (k) is
51 added to that subsection, to read:
52 1012.22 Public school personnel; powers and duties of the
53 district school board.—The district school board shall:
54 (1) Designate positions to be filled, prescribe
55 qualifications for those positions, and provide for the
56 appointment, compensation, promotion, suspension, and dismissal
57 of employees as follows, subject to the requirements of this
58 chapter:
59 (a) Positions, qualifications, and appointments.—
60 1. The district school board shall act upon written
61 recommendations submitted by the district school superintendent
62 for positions to be filled, for minimum qualifications for
63 personnel for the various positions, and for the persons
64 nominated to fill such positions.
65 2. The district school board may reject for good cause any
66 employee nominated.
67 3. If the third nomination by the district school
68 superintendent for any position is rejected for good cause, if
69 the district school superintendent fails to submit a nomination
70 for initial employment within a reasonable time as prescribed by
71 the district school board, or if the district school
72 superintendent fails to submit a nomination for reemployment
73 within the time prescribed by law, the district school board may
74 proceed on its own motion to fill such position.
75 4. The district school board’s decision to reject a
76 person’s nomination does not give that person a right of action
77 to sue over the rejection and may not be used as a cause of
78 action by the nominated employee.
79 5. For the purposes of this paragraph, the term “good
80 cause” means the district school board has determined any of the
81 following:
82 a. That the nominated employee fabricated or materially
83 exaggerated his or her credentials or background.
84 b. That the nominated employee does not meet the minimum
85 requirements for the position.
86 c. That the nominated employee’s educator certificate has
87 been revoked by another state.
88 (k) Nondisclosure or confidentiality.—A school district
89 employee may not be required or otherwise incentivized to sign a
90 nondisclosure agreement or confidentiality agreement. A school
91 district may not impose conditions on employment to circumvent
92 this paragraph.
93 Section 4. This act shall take effect July 1, 2026.
94
95 ================= T I T L E A M E N D M E N T ================
96 And the title is amended as follows:
97 Delete everything before the enacting clause
98 and insert:
99 A bill to be entitled
100 An act relating to public education; creating s.
101 1001.366, F.S.; providing members of a district school
102 board with specified rights; amending s. 1001.42,
103 F.S.; requiring that certain documents from district
104 school board meetings be kept as public records;
105 amending s. 1012.22, F.S.; defining the term “good
106 cause”; providing that a school district employee may
107 not be required or incentivized to sign a
108 nondisclosure agreement or confidentiality agreement;
109 prohibiting a school district from imposing certain
110 conditions on employment; providing an effective date.