Florida 2022 Regular Session

Florida House Bill H1055 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to video cameras in public school 2
16	16	classrooms; creating s. 1001.424, F.S.; authorizing 3
17	17	school districts to adopt a policy to install video 4
18	18	cameras in public school classrooms; defining the term 5
19	19	"incident"; requiring certain classroom teacher s to 6
20	20	wear a microphone; providing requirements for such 7
21	21	cameras; requiring a written explanation if the 8
22	22	operation of such cameras is interrupted; requiring 9
23	23	district school boards to retain such explanation for 10
24	24	a specified time period; requiring school dist ricts to 11
25	25	provide written notice of the installation of such 12
26	26	cameras to certain individuals; providing requirements 13
27	27	for retaining and deleting video recordings; 14
28	28	prohibiting schools and school districts from certain 15
29	29	actions regarding such recordings; providi ng that 16
30	30	school principals are the custodian of such cameras 17
31	31	and recordings and access to such recordings; 18
32	32	providing requirements relating to student privacy; 19
33	33	providing requirements for the viewing of such 20
34	34	recordings; providing for an appeal process; provid ing 21
35	35	that incidental viewings of such recordings by 22
36	36	specified individuals are not a violation of certain 23
37	37	provisions; providing construction; requiring the 24
38	38	Department of Education to collect specified 25
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40	40	HB 1055 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	information; authorizing the State Board of Education 26
52	52	to adopt rules; repealing s. 1003.574, F.S., relating 27
53	53	to Video Cameras in Public School Classrooms Pilot 28
54	54	Program; requiring each school district to complete, 29
55	55	and each district school board to vote on, a plan to 30
56	56	install and maintain such cameras and microphone s in 31
57	57	each classroom in the school district by a specified 32
58	58	date; providing requirements for such plan; providing 33
59	59	an effective date. 34
60	60	35
61	61	Be It Enacted by the Legislature of the State of Florida: 36
62	62	37
63	63	Section 1. Section 1001.424, Florida Statutes, is created 38
64	64	to read: 39
65	65	1001.424 Video cameras in public school classrooms. —A 40
66	66	school district may adopt a policy to install video cameras in 41
67	67	classrooms within the school district. 42
68	68	(1) As used in this section, the term "incident" means an 43
69	69	event, a circumstance, an ac t, or an omission that results in 44
70	70	the abuse or neglect of a student by: 45
71	71	(a) An employee of a public school or school district; or 46
72	72	(b) Another student. 47
73	73	(2)(a) Each classroom teacher of each classroom in which a 48
74	74	video camera is installed must wear a mi crophone. 49
75	75	(b) Each video camera installed in a classroom must be 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	located at the front of the classroom and be capable of all of 51
89	89	the following: 52
90	90	1. Visually monitoring and recording all areas of the 53
91	91	classroom. 54
92	92	2. Recording audio from all areas of the c lassroom. 55
93	93	(c) A video camera may not monitor a restroom or any other 56
94	94	area in the classroom where a student changes his or her 57
95	95	clothes, except for the entryway, exitway, or hallway outside of 58
96	96	a restroom or any other area where a student changes his or her 59
97	97	clothes because of the layout of the classroom. 60
98	98	(d) A video camera is not required to be in operation when 61
99	99	students are not present in the classroom. 62
100	100	(e) If there is an interruption in the operation of the 63
101	101	video camera for any reason, an explanation m ust be submitted in 64
102	102	writing to the school principal and the district school board to 65
103	103	explain the reason for and duration of the interruption. The 66
104	104	written explanation must be retained at the district school 67
105	105	board office for at least 1 year. 68
106	106	(3) Before a school district initially installs a video 69
107	107	camera in a classroom pursuant to this section, the school 70
108	108	district shall provide written notice of the installation of 71
109	109	such video camera to all of the following: 72
110	110	(a) The parent of each student who is assigned t o such 73
111	111	classroom. 74
112	112	(b) Each student who is assigned to such classroom. 75
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125	125	(c) Each school employee who is assigned to work in such 76
126	126	classroom. 77
127	127	(4) A school with video cameras installed in classrooms 78
128	128	shall: 79
129	129	(a) Retain video recordings pursuant to this se ction for 80
130	130	at least 3 months after the date the video was recorded, after 81
131	131	which time the video recording shall be deleted or otherwise 82
132	132	made unretrievable; or 83
133	133	(b) Retain the video recording until the conclusion of any 84
134	134	investigation or any administrative or legal proceedings that 85
135	135	result from the video recording have been completed, including, 86
136	136	without limitation, the exhaustion of all appeals. 87
137	137	(5) A school or school district may not: 88
138	138	(a) Allow regular, continuous, or continual monitoring of 89
139	139	video recorded under this section; or 90
140	140	(b) Use video recorded under this section for classroom 91
141	141	teacher evaluations or any purpose other than for ensuring the 92
142	142	health, safety, and well -being of students in the classroom. 93
143	143	(6) The principal of the school is the custodian of a 94
144	144	video camera operated pursuant to this section, all video 95
145	145	recordings generated by that video camera, and access to such 96
146	146	video recordings. 97
147	147	(a) The release or viewing of any video recorded under 98
148	148	this section must comply with s. 1002.22. 99
149	149	(b) A school or school district shall: 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	1. Conceal the identity of any student who appears in a 101
163	163	video recording, but is not involved in the alleged incident 102
164	164	documented by the video recording, which the school allows to be 103
165	165	viewed under subsection (7), including, with out limitation, 104
166	166	blurring the face of the uninvolved student. 105
167	167	2. Protect the confidentiality of all student records 106
168	168	contained in a video recording in accordance with s. 1002.22. 107
169	169	(7)(a) Within 7 days after receiving a request to view a 108
170	170	video recorded under this section, a school or school district 109
171	171	shall allow the following individuals to view such recording: 110
172	172	1. A school or school district employee who is involved in 111
173	173	an alleged incident that is documented by the video recording as 112
174	174	part of the investigati ve process; 113
175	175	2. A parent of a student who is involved in an alleged 114
176	176	incident that is documented by the video recording and has been 115
177	177	reported to the school or school district; 116
178	178	3. A school or school district employee as part of an 117
179	179	investigation into an al leged incident that is documented by the 118
180	180	video recording and has been reported to the school or school 119
181	181	district; 120
182	182	4. A law enforcement officer as part of an investigation 121
183	183	into an alleged incident that is documented by the video 122
184	184	recording and has been repo rted to the law enforcement agency; 123
185	185	or 124
186	186	5. The Department of Children and Families as part of a 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	child abuse or neglect investigation. 126
200	200	(b) A person who requests to view a video recording shall 127
201	201	make himself or herself available for viewing the video 128
202	202	recording within 30 days after being notified by the school or 129
203	203	school district that the person's request has been granted. 130
204	204	(c) A person who views the video recording and suspects 131
205	205	that child abuse has occurred must report the suspected child 132
206	206	abuse to the Department of Children and Families. 133
207	207	(8)(a) Any individual may appeal to the State Board of 134
208	208	Education an action by a school or school district which the 135
209	209	individual alleges to be in violation of this section. 136
210	210	(b) The state board shall grant a hearing on an a ppeal 137
211	211	under this subsection within 45 days after receiving the appeal. 138
212	212	(9) A school or school district does not violate 139
213	213	subsection (6) if a contractor or other employee of the school 140
214	214	or school district incidentally views a video recorded under 141
215	215	this section in connection with the performance of his or her 142
216	216	duties related to any of the following: 143
217	217	(a) The installation, operation, or maintenance of video 144
218	218	equipment; or 145
219	219	(b) The retention of video recordings. 146
220	220	(10) This section does not: 147
221	221	(a) Limit the access of the parent of a student, under the 148
222	222	Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 149
223	223	1232g, or any other law, to a video recording regarding his or 150
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236	236	her student. 151
237	237	(b) Waive any immunity from liability of a school district 152
238	238	or an employee of a school district. 153
239	239	(c) Create any liability for a cause of action against a 154
240	240	school or school district or an employee of a school or school 155
241	241	district carrying out the duties and responsibilities required 156
242	242	by this section. 157
243	243	(11) The Department of Education shall collect information 158
244	244	relating to the installation and maintenance of video cameras 159
245	245	under this section. 160
246	246	(12) The State Board of Education may adopt rules to 161
247	247	implement this section. 162
248	248	Section 2. Section 1003.574, Florida S tatutes, is 163
249	249	repealed. 164
250	250	Section 3. No later than January 1, 2023, each school 165
251	251	district shall complete, and each district school board shall 166
252	252	vote on whether to implement, a plan, including an estimation of 167
253	253	costs, to install and maintain a video camera and microphone in 168
254	254	each classroom in the school district pursuant to s. 1001.424, 169
255	255	Florida Statutes. 170
256	256	Section 4. This act shall take effect July 1, 2022. 171