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Florida Senate - 2025 CS for CS for CS for SB 1702 By the Committee on Rules; the Appropriations Committee on Pre-K - 12 Education; the Committee on Education Pre-K - 12; and Senator Burgess 595-03671-25 20251702c3 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; requiring school districts to 22 provide public charter schools with specified 23 information relating to public school funding by 24 specified dates; requiring school districts to provide 25 a report of shared revenues to the Department of 26 Education; requiring that such report be published on 27 a school districts website; amending s. 1003.4282, 28 F.S.; specifying that certain participation in 29 marching band satisfies the physical education or 30 performing arts credit requirement for a standard high 31 school diploma; amending s. 1006.15, F.S.; authorizing 32 a student in a full-time virtual instruction program 33 to participate on an interscholastic athletic team at 34 a public school in the school district in which the 35 student resides or to develop an agreement to 36 participate at a private school; specifying 37 requirements for such participation; amending s. 38 1006.195, F.S.; conforming a cross-reference; amending 39 s. 1011.71, F.S.; authorizing the use of certain 40 school district tax revenue for liability insurance; 41 requiring the Commissioner of Education to coordinate 42 with school districts selected by the department to 43 implement a policy for a specified school year 44 prohibiting the use of cell phones while on school 45 grounds or engaged in certain activities off school 46 grounds; requiring the department to provide a report 47 to the Legislature before a specified date; providing 48 requirements for the report; requiring that the report 49 include a model policy that school districts and 50 charter schools may adopt; requiring that the report 51 and model policy address the authorized use of cell 52 phones and electronic devices during the school day by 53 certain students; requiring that the report include 54 specified student code of conduct provisions; 55 requiring the department, by a specified date, to 56 establish competencies for a mathematics endorsement 57 aligned with certain strategies; providing 58 requirements for the competencies; providing an 59 effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1.Subsection (5) of section 810.097, Florida 64 Statutes, is amended, and subsection (6) is added to that 65 section, to read: 66 810.097Trespass upon grounds or facilities of a school; 67 penalties; arrest. 68 (5)As used in this section, the term: 69 (a)School means the grounds or any facility, including 70 school buses, of any kindergarten, elementary school, middle 71 school, junior high school, or secondary school, whether public 72 or nonpublic. 73 (b)School bus means any vehicle operated, owned, or 74 contracted by a school district for student transportation. 75 (6)For purposes of this section, a clearly posted sign or 76 a verbal warning provided by the school bus operator, the 77 principal, a school district employee, or law enforcement 78 personnel, indicating that unauthorized boarding or remaining on 79 a school bus is prohibited and violators will be prosecuted, 80 constitutes sufficient notice and satisfies the prior warning 81 requirement necessary for immediate arrest and prosecution of 82 any person who boards, enters, or remains upon a school bus 83 without authorization. 84 Section 2.Paragraph (g) is added to subsection (9) of 85 section 901.15, Florida Statutes, to read: 86 901.15When arrest by officer without warrant is lawful.A 87 law enforcement officer may arrest a person without a warrant 88 when: 89 (9)There is probable cause to believe that the person has 90 committed: 91 (g)Trespass upon school grounds or facilities, including 92 school buses as defined in s. 810.097(5)(b), in violation of 93 that section. 94 Section 3.Paragraph (c) is added to subsection (19) of 95 section 1002.42, Florida Statutes, to read: 96 1002.42Private schools. 97 (19)FACILITIES. 98 (c)A private school located in a county with four 99 incorporated municipalities may construct new facilities, which 100 may be temporary or permanent, on property purchased from or 101 owned or leased by a library, community service organization, 102 museum, performing arts venue, theater, cinema, or church under 103 s. 170.201, which is or was actively used as such within 5 years 104 of any executed agreement with a private school; any land owned 105 by a Florida College System institution or university; and any 106 land recently used to house a school or child care facility 107 licensed under s. 402.305, under its preexisting zoning and land 108 use designations without rezoning or obtaining a special 109 exception or a land use change, and without complying with any 110 mitigation requirements or conditions. Any new facility must be 111 located on property used solely for purposes described in this 112 paragraph, and must meet applicable state and local health, 113 safety, and welfare laws, codes, and rules, including firesafety 114 and building safety. 115 Section 4.Paragraph (b) of subsection (5) of section 116 1002.33, Florida Statutes, is amended, and paragraph (i) is 117 added to subsection (17) of that section, to read: 118 1002.33Charter schools. 119 (5)SPONSOR; DUTIES. 120 (b)Sponsor duties. 121 1.a.The sponsor shall monitor and review the charter 122 school, using the standard monitoring tool, in its progress 123 toward the goals established in the charter. 124 b.The sponsor shall monitor the revenues and expenditures 125 of the charter school and perform the duties provided in s. 126 1002.345. 127 c.The sponsor may approve a charter for a charter school 128 before the applicant has identified space, equipment, or 129 personnel, if the applicant indicates approval is necessary for 130 it to raise working funds. 131 d.The sponsor may not apply its policies to a charter 132 school unless mutually agreed to by both the sponsor and the 133 charter school. If the sponsor subsequently amends any agreed 134 upon sponsor policy, the version of the policy in effect at the 135 time of the execution of the charter, or any subsequent 136 modification thereof, shall remain in effect and the sponsor may 137 not hold the charter school responsible for any provision of a 138 newly revised policy until the revised policy is mutually agreed 139 upon. 140 e.The sponsor shall ensure that the charter is innovative 141 and consistent with the state education goals established by s. 142 1000.03(5). 143 f.The sponsor shall ensure that the charter school 144 participates in the states education accountability system. If 145 a charter school falls short of performance measures included in 146 the approved charter, the sponsor shall report such shortcomings 147 to the Department of Education. 148 g.The sponsor is not liable for civil damages under state 149 law for personal injury, property damage, or death resulting 150 from an act or omission of an officer, employee, agent, or 151 governing body of the charter school. 152 h.The sponsor is not liable for civil damages under state 153 law for any employment actions taken by an officer, employee, 154 agent, or governing body of the charter school. 155 i.The sponsors duties to monitor the charter school do 156 not constitute the basis for a private cause of action. 157 j.The sponsor may not impose additional reporting 158 requirements on a charter school as long as the charter school 159 has not been identified as having a deteriorating financial 160 condition or financial emergency pursuant to s. 1002.345. 161 k.The sponsor shall submit an annual report to the 162 Department of Education in a web-based format to be determined 163 by the department. 164 (I)The report shall include the following information: 165 (A)The number of applications received during the school 166 year and up to August 1 and each applicants contact 167 information. 168 (B)The date each application was approved, denied, or 169 withdrawn. 170 (C)The date each final contract was executed. 171 (II)Annually, by November 1, the sponsor shall submit to 172 the department the information for the applications submitted 173 the previous year. 174 (III)The department shall compile an annual report, by 175 sponsor, and post the report on its website by January 15 of 176 each year. 177 2.Immunity for the sponsor of a charter school under 178 subparagraph 1. applies only with respect to acts or omissions 179 not under the sponsors direct authority as described in this 180 section. 181 3.This paragraph does not waive a sponsors sovereign 182 immunity. 183 4.A Florida College System institution may work with the 184 school district or school districts in its designated service 185 area to develop charter schools that offer secondary education. 186 These charter schools must include an option for students to 187 receive an associate degree upon high school graduation. If a 188 Florida College System institution operates an approved teacher 189 preparation program under s. 1004.04 or s. 1004.85, the 190 institution may operate charter schools that serve students in 191 kindergarten through grade 12 in any school district within the 192 service area of the institution. District school boards shall 193 cooperate with and assist the Florida College System institution 194 on the charter application. Florida College System institution 195 applications for charter schools are not subject to the time 196 deadlines outlined in subsection (6) and may be approved by the 197 district school board at any time during the year. Florida 198 College System institutions may not report FTE for any students 199 participating under this subparagraph who receive FTE funding 200 through the Florida Education Finance Program. 201 5.For purposes of assisting the development of a charter 202 school, a school district may enter into nonexclusive interlocal 203 agreements with federal and state agencies, counties, 204 municipalities, and other governmental entities that operate 205 within the geographical borders of the school district to act on 206 behalf of such governmental entities in the inspection, 207 issuance, and other necessary activities for all necessary 208 permits, licenses, and other permissions that a charter school 209 needs in order for development, construction, or operation. A 210 charter school may use, but may not be required to use, a school 211 district for these services. The interlocal agreement must 212 include, but need not be limited to, the identification of fees 213 that charter schools will be charged for such services. The fees 214 must consist of the governmental entitys fees plus a fee for 215 the school district to recover no more than actual costs for 216 providing such services. These services and fees are not 217 included within the services to be provided pursuant to 218 subsection (20). Notwithstanding any other provision of law, an 219 interlocal agreement or ordinance that imposes a greater 220 regulatory burden on charter schools than school districts or 221 that prohibits or limits the creation of a charter school is 222 void and unenforceable. An interlocal agreement entered into by 223 a school district for the development of only its own schools, 224 including provisions relating to the extension of 225 infrastructure, may be used by charter schools. 226 6.The board of trustees of a sponsoring state university 227 or Florida College System institution under paragraph (a) is the 228 local educational agency for all charter schools it sponsors for 229 purposes of receiving federal funds and accepts full 230 responsibility for all local educational agency requirements and 231 the schools for which it will perform local educational agency 232 responsibilities. A student enrolled in a charter school that is 233 sponsored by a state university or Florida College System 234 institution may not be included in the calculation of the school 235 districts grade under s. 1008.34(5) for the school district in 236 which he or she resides. 237 (17)FUNDING.Students enrolled in a charter school, 238 regardless of the sponsorship, shall be funded based upon the 239 applicable program pursuant to s. 1011.62(1)(c), the same as 240 students enrolled in other public schools in a school district. 241 Funding for a charter lab school shall be as provided in s. 242 1002.32. 243 (i)By July 1 of each year, school districts shall provide 244 public charter schools the following information pertaining to 245 shared revenues generated by a discretionary half-cent sales 246 surtax, voted district school operating millage, and non-voted 247 district school capital improvement millage: 248 1.The estimated total revenue to be received from each 249 tax. 250 2.The estimated per-student allocation to public charter 251 schools for each tax and the methodology used to determine the 252 estimate. 253 3.The estimated timeframe within which the public charter 254 school will receive funds from each tax. 255 4.A detailed explanation for each revenue transmission at 256 the time funds are transferred. 257 5.By March 31 of each year, the total revenues distributed 258 for each revenue source. Each school district shall provide a 259 report detailing distributed revenues to the department and 260 publish the report on the school district website. 261 Section 5.Subsection (17) of section 1002.84, Florida 262 Statutes, is amended to read: 263 1002.84Early learning coalitions; school readiness powers 264 and duties.Each early learning coalition shall: 265 (17)(a)Distribute the school readiness program funds as 266 allocated in the General Appropriations Act to each eligible 267 provider based upon the reimbursement rate by county, by 268 provider type, and by care level. All instructions to early 269 learning coalitions for distributing the school readiness 270 program funds to eligible providers shall emanate from the 271 department in accordance with the policies of the Legislature. 272 (b)All provider reimbursement rates shall be charged as 273 direct services pursuant to s. 1002.89. 274 275 Each early learning coalition and the Redlands Christian Migrant 276 Association with approved 2023-2024 prior year provider 277 reimbursement rates for the infant to age 5 care levels that are 278 higher than the provider reimbursement rates established in this 279 subsection may continue to implement its approved prior year 280 provider reimbursement rates until the rates established in this 281 subsection exceed its prior year rates. 282 Section 6.Paragraph (f) of subsection (3) of section 283 1003.4282, Florida Statutes, is amended to read: 284 1003.4282Requirements for a standard high school diploma. 285 (3)STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT 286 REQUIREMENTS. 287 (f)One credit in physical education.Physical education 288 must include the integration of health. Participation in an 289 interscholastic sport at the junior varsity or varsity level for 290 two full seasons shall satisfy the one-credit requirement in 291 physical education. A district school board may not require that 292 the one credit in physical education be taken during the 9th 293 grade year. Completion of 2 years of marching band shall satisfy 294 the one-credit requirement in physical education or the one 295 credit requirement in performing arts. This credit may not be 296 used to satisfy the personal fitness requirement or the 297 requirement for adaptive physical education under an individual 298 education plan (IEP) or 504 plan. Completion of one semester 299 with a grade of C or better in a marching band class, in a 300 physical activity class that requires participation in marching 301 band activities as an extracurricular activity, or in a dance 302 class shall satisfy one-half credit in physical education or 303 one-half credit in performing arts. This credit may not be used 304 to satisfy the personal fitness requirement or the requirement 305 for adaptive physical education under an IEP individual 306 education plan (IEP) or 504 plan. Completion of 2 years in a 307 Reserve Officer Training Corps (R.O.T.C.) class, a significant 308 component of which is drills, shall satisfy the one-credit 309 requirement in physical education and the one-credit requirement 310 in performing arts. This credit may not be used to satisfy the 311 personal fitness requirement or the requirement for adaptive 312 physical education under an IEP or 504 plan. 313 Section 7.Present paragraphs (h) and (i) of subsection (3) 314 of section 1006.15, Florida Statutes, are redesignated as 315 paragraphs (i) and (j), respectively, and a new paragraph (h) is 316 added to that subsection, to read: 317 1006.15Student standards for participation in 318 interscholastic and intrascholastic extracurricular student 319 activities; regulation. 320 (3) 321 (h)A student in a full-time virtual instruction program 322 under s. 1002.45, including the full-time Florida Virtual School 323 program, a full-time school district virtual instruction 324 program, or a full-time virtual charter school, is eligible to 325 participate on an interscholastic athletic team at any public 326 school in the school district in which the student resides, or 327 may develop an agreement to participate at a private school, 328 provided the student: 329 1.During the period of participation in the 330 interscholastic extracurricular activity, meets the requirements 331 in paragraph (a); 332 2.Meets any additional requirements as determined by the 333 board of trustees of the Florida Virtual School, the district 334 school board, or the governing board of the virtual charter 335 school, as applicable; 336 3.Meets the same residency requirements as other students 337 in the school at which he or she participates; 338 4.Meets the same standards of athletic team acceptance, 339 behavior, and performance which are required of other students 340 in extracurricular activities; and 341 5.Registers his or her intent to participate in 342 interscholastic extracurricular activities with the school 343 before participation. 344 Section 8.Paragraph (a) of subsection (1) of section 345 1006.195, Florida Statutes, is amended to read: 346 1006.195District school board, charter school authority 347 and responsibility to establish student eligibility regarding 348 participation in interscholastic and intrascholastic 349 extracurricular activities.Notwithstanding any provision to the 350 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 351 eligibility to participate in interscholastic and 352 intrascholastic extracurricular activities: 353 (1)(a)A district school board must establish, through its 354 code of student conduct, student eligibility standards and 355 related student disciplinary actions regarding student 356 participation in interscholastic and intrascholastic 357 extracurricular activities. The code of student conduct must 358 provide that: 359 1.A student not currently suspended from interscholastic 360 or intrascholastic extracurricular activities, or suspended or 361 expelled from school, pursuant to a district school boards 362 suspension or expulsion powers provided in law, including ss. 363 1006.07, 1006.08, and 1006.09, is eligible to participate in 364 interscholastic and intrascholastic extracurricular activities. 365 2.A student may not participate in a sport if the student 366 participated in that same sport at another school during that 367 school year, unless the student meets the criteria in s. 368 1006.15(3)(j) s. 1006.15(3)(i). 369 3.A students eligibility to participate in any 370 interscholastic or intrascholastic extracurricular activity may 371 not be affected by any alleged recruiting violation until final 372 disposition of the allegation pursuant to s. 1006.20(2)(b). 373 Section 9.Paragraph (b) of subsection (5) of section 374 1011.71, Florida Statutes, is amended to read: 375 1011.71District school tax. 376 (5)A school district may expend, subject to s. 200.065, up 377 to $200 per unweighted full-time equivalent student from the 378 revenue generated by the millage levy authorized by subsection 379 (2) to fund, in addition to expenditures authorized in 380 paragraphs (2)(a)-(j), expenses for the following: 381 (b)Payment of the cost of premiums, as defined in s. 382 627.403, for property and casualty insurance necessary to insure 383 school district educational and ancillary plants. As used in 384 this paragraph, casualty insurance has the same meaning as in s. 385 624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues 386 that are made available through the payment of property and 387 casualty insurance premiums from revenues generated under this 388 subsection may be expended only for nonrecurring operational 389 expenditures of the school district. 390 Section 10.(1)The Commissioner of Education shall 391 coordinate with six districts selected by the Department of 392 Education which represent two small, two medium, and two large 393 counties that currently implement, or will implement in the 394 2025-2026 school year, a policy that prohibits the use of cell 395 phones and other personal electronic devices by students during 396 the entire school day, while on school grounds, or while engaged 397 in school activities off school grounds during the school day. 398 The department shall provide a report to the President of the 399 Senate and the Speaker of the House of Representatives before 400 December 1, 2026, summarizing the effect of each district policy 401 on student achievement and behavior. The report must also 402 include a model policy that school districts and charter schools 403 may adopt. 404 (2)The report and model policy must address the authorized 405 use of cell phones or other electronic devices during the school 406 day by students: 407 (a)With disabilities or who are English Language Learners 408 who may need such electronic devices to access curriculum or 409 other required activities. 410 (b)When necessary for health reasons, for emergency 411 medical issues, or for natural or manmade disasters. 412 (c)On school buses, before or after school hours. 413 (d)Engaged in extracurricular activities outside of the 414 school day. 415 (3)The report must also include student code of conduct 416 provisions for violations of the policy restricting the use of 417 cell phones and other electronic devices, including, but not 418 limited to, those violations that: 419 (a)Constitute illegal behavior and may result in a 420 referral to law enforcement. 421 (b)Facilitate bullying, harassing, or threatening other 422 students. 423 (c)Facilitate cheating or otherwise violating a schools 424 policy for academic integrity. 425 (d)Capture or display any picture or video of any student 426 during a medical issue or engaged in misconduct. 427 Section 11.By August 1, 2026, the Department of Education 428 shall establish competencies for a mathematics endorsement 429 aligned with evidence-based mathematics instructional and 430 intervention strategies. The competencies must include numbers 431 and operations, fractions, algebraic reasoning, measurement, 432 geometric reasoning, and data analysis and probabilities at the 433 elementary and secondary level. The competencies must be 434 approved by the State Board of Education. 435 Section 12.This act shall take effect July 1, 2025.
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