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