# Reference Manual for Commission Members # Disclosure The Charter School Review Commission is created within the Department of Education to review and approve applications for charter schools overseen by district school boards. The responsibility to review and approve charter applications is an essential role for charter school authorization. Every student deserves a great school and ensuring that only those organizations who are capable of opening and operating an effective charter school should be approved. Assessing applications to determine if the group has the capacity to do so is a challenging endeavor. This manual has been created to serve as a reference for the members of the Charter School Review Commission to support members in this role. This manual was created by the Florida Charter Institute with input from the Department of Education. [![FCI-Logo---2048-High.png](https://wiki.flcharterinstitute.org/uploads/images/gallery/2024-04/scaled-1680-/fci-logo-2048-high.png)](https://wiki.flcharterinstitute.org/uploads/images/gallery/2024-04/fci-logo-2048-high.png) # Meeting Schedule The Department of Education has suggested that the Commission establish a regular schedule for meetings quarterly. Unless there is a special event, it is suggested that the Commission meet the second Wednesday of the second month of each quarter. Below is a **tentative** schedule of meetings, and when the corresponding charter applications would be due for each meeting. An updated meeting schedule will be provided once approved by the Commission.
**Commission Date Meeting** **Application Due Date** **Comments**
Wed, February 28, 2024
Wed, May 22, 2024 Thur, February 22, 2024
Wed, August 21, 2024 Tue, May 21, 2024
Wed, November 20, 2024 Tue, August 20, 2024 Aligning with State Conference
Wed, February 12, 2025 Tue, November 12, 2024
Wed, May 14, 2025 Tuesday, February 11, 2025
Wed, August 13, 2025 Tue, May 13, 2025
Wed, November 12, 2025 Tue, August 12, 2025
Wed, February 11, 2026 Tue, November 11, 2025
# Charter School Review Commission # FL Statute 1002.3301 - Charter School Review Commission Effective July 1, 2022 ### Creation of the Charter School Review Commission. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1002/Sections/1002.3301.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.3301.html) #### 1002.33 Charter schools.— Subject to an appropriation, the Charter School Review Commission is created within the Department of Education to review and approve applications for charter schools overseen by district school boards. (1) The commission shall consist of seven members who have charter school experience, selected by the State Board of Education and subject to confirmation by the Senate. The commissioner shall designate one member as the chair. Each member shall be appointed to a 4-year term. However, for the purpose of achieving staggered terms, of the initial appointments, three members shall be appointed to 2-year terms and four members shall be appointed to 4-year terms. All subsequent appointments shall be for 4-year terms. A majority of the members of the commission constitutes a quorum. (2) The commission has the same powers and duties as sponsors pursuant to s. 1002.33 in regard to reviewing and approving charter schools. (3) The Department of Education shall contract with a college or university to provide administrative and technical assistance to the commission by reviewing and providing an analysis of charter school applications submitted to the commission. (4) The district school board of the school district in which the proposed charter school will be located shall be the sponsor of and supervisor for the new charter school and shall provide an initial proposed charter contract to the charter school pursuant to s. 1002.33(7)(b) within 30 calendar days after the commission’s decision granting an application. (5) Within 3 calendar days after an applicant submits an application for a charter school to the commission, the applicant must also provide a copy of the application to the school district in which the proposed charter school will be located. Within 30 calendar days after receiving a copy of the application, the school district may provide input to the commission on a form prescribed by the department. The commission must consider such input in reviewing the application. (6) The decisions of the commission may be appealed in accordance with s. 1002.33(6)(c). (7) The State Board of Education shall adopt rules to implement this section. # State Board Rule 6A-6.0792 - Charter School Review Commission Effective November 29, 2023 ### These are the rules related to the operation of the Charter School Review Commission. [https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0792](https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0792) #### 6A-6.0792 Charter School Review Commission. (1) Purpose. The purpose of this rule is to set forth the process by which the Charter School Review Commission will review charter school applications and subsequently inform the applicant and sponsor on whether the Commission has approved or denied an application. (2) Definitions. (a) “Applicant” means the proposed charter school. (b) “Commission means the Charter School Review Commission. (c) “Department” means the Florida Department of Education. (d) “Institute” means the entity selected by the Department pursuant to s. 1002.3301, F.S., for purposes of providing administrative and technical assistance by reviewing and providing an analysis of charter school applications submitted to the Commission. (e) “Sponsor” means a district school board of the school district in which the proposed charter school will be located. (3) The Commission. (a) The Commission must consist of seven (7) members who have charter school experience, selected by the State Board of Education and subject to confirmation by the Senate. (b) The Commissioner of Education must designate one member as the chair. Each member must be appointed to a 4-year term. However, for the purpose of achieving staggered terms, of the initial appointments, three (3) members must be appointed to 2-year terms and four (4) members must be appointed to 4-year terms. All subsequent appointments must be for 4-year terms. (4) Application submission. (a) In order to request an application review from the Charter School Review Commission, an applicant must submit a completed Model Florida Charter School Application to the Institute using Form IEPC-M1, incorporated by referenced in Rule 6A-6.0786, F.A.C., which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. Information on the Institute’s method of receiving applications electronically also may be obtained at http://www.floridaschoolchoice.org. (b) In addition to IEPC-M1, an applicant must submit the Standard Letter of Intent for Commission Review, incorporated in this rule as IEPC-LOI, effective November 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16021), which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. (c) Within three (3) calendar days after an applicant submits an application to the Institute, the applicant must also provide a copy of the application to the school district in which the proposed charter school will be located. Within thirty (30) calendar days after receiving a copy of the application, the school district may provide input using the Standard Form for District School Board Input, Form IEPC-INP, effective November 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16022) incorporated by reference in this rule, and which may be obtained electronically on the Department’s website at [http://www.floridaschoo](http://www.floridaschoo)lchoice.org. (5) Application review. (a) Within twenty- four (24) hours of receiving an application, the Institute must notify the Department of the date and time the application was received, the applicant’s name, and the proposed sponsor. (b) The Institute must complete its review of an application no later than thirty (30) days prior to the scheduled meeting of the Commission. (c) The Institute must conduct a complete and thorough review of the application. The Institute, at its discretion, may request additional or supplemental information from the applicant, or the sponsor in which the proposed charter school will be located, and must consider such information. (d) The application review must include an interview of the applicant’s team. The interview may be conducted via electronic means. (e) The Institute must consider input from the district in which the proposed charter school would be located as described in paragraph (4)(c) of this rule. (6) Recommendations to the Commission. (a) Upon completion of the application review and no later than thirty (30) days prior to the scheduled meeting of the Commission, the Institute must submit its recommendation to the Department using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, incorporated by reference in Rule 6A-6.0786, F.A.C. Form IEPC-M2 may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. (b) With its recommendation, the Institute must also submit to the Department a summary document describing the Institute’s analysis of the application and addressing any specific concerns asserted by the proposed sponsor. (c) Any documents or information used or relied upon in analyzing the application and making the recommendation, including available transcripts, must be submitted to the Department with the recommendation and summary document. (7) Meetings of the Commission. (a) General requirements. 1. All meetings of the Commission must be publicly noticed and open to the public. 2. A majority of the members of the Commission constitutes a quorum. 3. A majority of the Commission will meet four (4) times each year, or as required. 4. Meeting dates of the Commission will be published on an annual basis on the Department’s website at http://www.floridaschoolchoice.org, or may be obtained from the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Tallahassee, Florida 32399-0400. (b) Commission meeting procedures for considering complete applications. 1. To have an application considered during a meeting of the Commission, an applicant must submit a completed application pursuant to subsection (4) of this rule at least ninety (90) days prior to the date the Commission is scheduled to meet. Applications submitted less than ninety (90) days before that date will be considered at a future meeting, or the next available date. 2. At the Commission meeting in which the applicant’s application is being considered for approval, the applicant may present information on its application before the Commission for a maximum of five (5) minutes. 3. The Department and, as necessary, the Institute will be provided with five (5) minutes to present its analysis and recommendations to the Commission. 4. The proposed sponsor, if in attendance, may, at its discretion, address the input it provided during the application review period pursuant to paragraph (4)(c) of this rule. 5. The Commission may ask questions of the applicant, the Department, the Institute, or the sponsor, if attending the meeting. 6. Upon reviewing the application, the relevant documents, the recommendations of the Department and the Institute, and considering the information presented at the meeting, the Commission must then proceed by majority vote to either approve or deny the charter school application. (8) Informing the applicant and sponsor of the Commission’s decision. (a) The chair of the Commission must inform the applicant and sponsor in writing as to the whether the Commission has approved or denied the charter application (b) Within thirty (30) days after the Commission’s decision approving the application, the district school board of the school district in which the proposed charter school will be located must provide an initial proposed charter contract to the charter school pursuant to Section 1002.33(7)(b), F.S., and Rule 6A-6.0786, F.A.C. (c) If the application is denied, the applicant may appeal the Commission’s decision in accordance with Section 1002.33(6)(c), F.S. --- Rulemaking Authority 1002.33(28), 1002.3301 FS. Law Implemented 1001.02(1), (2)(n), 1002.33,1002.3301 FS. History–New11-29-23. # Florida Principles & Standards for Quality Charter School Authorizing In 2018 the Florida Department of Education worked with several stakeholders, including charter school operators, advocates, and authorizers in partnership with the National Association of Charter School Authorizers, to develop a set of principles and standards that should lead authorizing efforts throughout Florida. The document in this section is the result of that work. - **Core Principles of Charter Authorizing** - Maintain High Standards - Uphold School Autonomy - Protect Student and Public Interests - **Standards for Quality Charter School Authorizing** - Sponsor Commitment and Capacity - Application Process and Decision-Making - Performance Contracting - Ongoing Oversight and Evaluation - Termination and Renewal Decision Making [FL Principles & Standards for Quality Charter School Authorizing](https://wiki.flcharterinstitute.org/attachments/1) # State Approved Forms Florida has adopted numerous forms that are used for Charter School Authorizing practices which may apply to the work of the commission. The forms are being included here for reference. #### Charter School Review Commission Forms - **[IEPC-LOI - Letter of Intent for Commission Review](https://wiki.flcharterinstitute.org/attachments/2) -** Administrative rule requires applications to submit a letter of intent prior to applying. The rule does not give a deadlines, the FCI has asked that applicants submit the letter three weeks prior to the application deadline. - **[IEPC-INP – Standard Form for District School Board Input](https://wiki.flcharterinstitute.org/attachments/3)** – This is the form that districts may use to submit their feedback to the commission on charter applications that are submitted to their districts. #### Charter Application Forms - **[IEPC-M1 – Model Florida Charter Application](https://wiki.flcharterinstitute.org/attachments/4)** – This is the form that most charter schools use when applying. - **[IEPC-M2 – Standard Model Charter School Application Evaluation Instrument](https://wiki.flcharterinstitute.org/attachments/6)** – This is the form that will be used to evaluate the model charter application, and what the FCI will use to provide feedback on applications to the Department. - **[IEPC-V1 – Virtual Charter School Application](https://wiki.flcharterinstitute.org/attachments/5)** – The form that is used to apply to start a virtual school, it is very similar to IEPC-M1 but excludes Facilities, Transportation, Food Service, and School Safety sections. - **[IEPC-V2 – Virtual Charter School Application Evaluation Instrument](https://wiki.flcharterinstitute.org/attachments/7)** – The form used to evaluate virtual applications. - **[IEPC-HPS1 – Model Florida Charter School Application High-Performing Charter School System Replication](https://wiki.flcharterinstitute.org/attachments/8)** – The application for systems who are identified as high performing who wish to replicate. It is a much shorter version of a charter application. - **[IEPC-HPS2 – Model Florida Charter School Application High-Performing Charter School System Replication Evaluation Instrument](https://wiki.flcharterinstitute.org/attachments/9)** – The evaluation form used when form IEPC-HPS1 is submitted. - **[IEPC-M1A – Applicant History Worksheet](https://wiki.flcharterinstitute.org/attachments/10)** – This worksheet must be included by applicants who have history with other charter schools to identify which schools they are affiliated with. #### Additional Reference Forms - **[IEPC-SC – Florida Standard Charter Contract](https://wiki.flcharterinstitute.org/attachments/11)** – While the commission will not be responsible for negotiating or participating in the contract process, it may be helpful for commission members to be aware of what is in the standard charter contract which is used as the starting point for the negotiation process. # Florida Charter Institute Internal Review Forms The following forms are items the FCI has developed to assist with the work of the Charter School Review Commission. #### Forms The Commission May See - **[Application Review Summary](https://wiki.flcharterinstitute.org/attachments/12)** – This is the form that the FCI will use to submit our recommendation to the Department of Education, along with the official state evaluation form. The form includes a brief summary of the application in addition to the FCI recommendation. #### Internal Forms Used as Part Of The Process - **[Charter Application Submittal Checklist](https://wiki.flcharterinstitute.org/attachments/13)** – This is the form that the FCI will use when we first receive a charter application to check it for completeness and log that we have received the application. - **[CSRC Application Received Confirmation](https://wiki.flcharterinstitute.org/attachments/14)** – This is the form that the FCI will use to notify the applicant that the application has been received and that we will begin the review process. If there are issues with the submission (i.e. missing forms, or pages), this form will notify the applicant of the issues. - **[District Notice of Application Received](https://wiki.flcharterinstitute.org/attachments/15)** – While the FCI and Commission are not required to provide notice to school districts, the FCI has decided we will provide notification to the districts as quickly as possible after receiving an application. This form is what we will send to the district notifying them of receipt of the application and providing a link where they can access a digital version of the application. - **[Charter Reviewer Application Form](https://wiki.flcharterinstitute.org/attachments/16)** – As the FCI works to build a pool of professionals who are able to review charter applications, we will use this form for individuals to apply to be on a review team. - **[Application Review Team Feedback Notes](https://wiki.flcharterinstitute.org/attachments/17)** – This is the form that the review team will use to document their thoughts on a charter application. We will collect these forms from the review team to ensure we accurately summarize the strengths and challenges of a particular application. # Florida's Charter School Sector The Department of Education published the attached Student Achievement in Florida’s Charter Schools report highlighting the academic performance of charter schools versus traditional schools. This report is based on data from the 2021-22 school year.  In 2023 the Department created the updated “Fact Sheet” highlighting the total charter school enrollment numbers from the 2022-23 school year. The FCI developed the attached Florida Charter School Environment report with enrollment data from the 2023-24 school year, and assessment results from the 2022-23 school year.  # Student Achievement in Florida's Charter Schools (2022) [Student Achievement in Florida's Charter Schools](https://wiki.flcharterinstitute.org/attachments/18) # FLDOE Fact Sheet - Florida's Charter Schools (2023) [2023 Forida's Charter Schools Fact Sheet](https://wiki.flcharterinstitute.org/attachments/19) # FCI Florida Charter School Environment Report (2024) [Florida Charter School Environment Report - 2024](https://wiki.flcharterinstitute.org/attachments/20) # Florida Statutes - Charter Application Specific # 1002.33 - Charter Schools Effective July 1, 2023 (Last Updated 2023) This is the main statute regarding charter schools in the state. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1002/Sections/1002.33.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.33.html) #### 1002.33 Charter schools.— **(1) AUTHORIZATION.—** All charter schools in Florida are public schools and shall be part of the state’s program of public education. A charter school may be formed by creating a new school or converting an existing public school to charter status. A charter school may operate a virtual charter school pursuant to s. 1002.45(1)(d) to provide online instruction to students, pursuant to s. 1002.455, in kindergarten through grade 12. The school district in which the student enrolls in the virtual charter school shall report the student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school district shall not report the student for funding. An existing charter school that is seeking to become a virtual charter school must amend its charter or submit a new application pursuant to subsection (6) to become a virtual charter school. A virtual charter school is subject to the requirements of this section; however, a virtual charter school is exempt from subparagraph (7)(a)13., subsections (18) and (19), paragraph (20)(c), and s. 1003.03. A public school may not use the term charter in its name unless it has been approved under this section. **(2) GUIDING PRINCIPLES; PURPOSE; LEGISLATIVE INTENT.—** (a) Charter schools in Florida shall be guided by the following principles: 1\. Meet high standards of student achievement while providing parents flexibility to choose among diverse educational opportunities within this state’s public school system. 2\. Promote enhanced academic success and financial efficiency by aligning responsibility with accountability. 3\. Provide parents with sufficient information on whether their child is reading at grade level and whether the child gains at least a year’s worth of learning for every year spent in the charter school. (b) Charter schools shall fulfill the following purposes: 1\. Improve student learning and academic achievement. 2\. Increase learning opportunities for all students, with special emphasis on low-performing students and reading. 3\. Encourage the use of innovative learning methods. 4\. Require the measurement of learning outcomes. (c) Charter schools may fulfill the following purposes: 1\. Create innovative measurement tools. 2\. Provide rigorous competition within the public school system to stimulate continual improvement in all public schools. 3\. Expand the capacity of the public school system. 4\. Mitigate the educational impact created by the development of new residential dwelling units. 5\. Create new professional opportunities for teachers, including ownership of the learning program at the school site. (d) It is the intent of the Legislature that charter school students be considered as important as all other students in this state and, to that end, comparable funding levels from existing and future sources should be maintained for charter school students. **(3) APPLICATION FOR CHARTER STATUS.—** (a) An application for a new charter school may be made by an individual, teachers, parents, a group of individuals, a municipality, or a legal entity organized under the laws of this state. (b) An application for a conversion charter school shall be made by the district school board, the principal, teachers, parents, and/or the school advisory council at an existing public school that has been in operation for at least 2 years prior to the application to convert. A public school-within-a-school that is designated as a school by the district school board may also submit an application to convert to charter status. An application submitted proposing to convert an existing public school to a charter school shall demonstrate the support of at least 50 percent of the teachers employed at the school and 50 percent of the parents voting whose children are enrolled at the school, provided that a majority of the parents eligible to vote participate in the ballot process, according to rules adopted by the State Board of Education. A district school board denying an application for a conversion charter school shall provide notice of denial to the applicants in writing within 10 days after the meeting at which the district school board denied the application. The notice must articulate in writing the specific reasons for denial and must provide documentation supporting those reasons. A private school, parochial school, or home education program shall not be eligible for charter school status. **(4) UNLAWFUL REPRISAL.—** (a) No district school board, or district school board employee who has control over personnel actions, shall take unlawful reprisal against another district school board employee because that employee is either directly or indirectly involved with an application to establish a charter school. As used in this subsection, the term “unlawful reprisal” means an action taken by a district school board or a school system employee against an employee who is directly or indirectly involved in a lawful application to establish a charter school, which occurs as a direct result of that involvement, and which results in one or more of the following: disciplinary or corrective action; adverse transfer or reassignment, whether temporary or permanent; suspension, demotion, or dismissal; an unfavorable performance evaluation; a reduction in pay, benefits, or rewards; elimination of the employee’s position absent of a reduction in workforce as a result of lack of moneys or work; or other adverse significant changes in duties or responsibilities that are inconsistent with the employee’s salary or employment classification. The following procedures shall apply to an alleged unlawful reprisal that occurs as a consequence of an employee’s direct or indirect involvement with an application to establish a charter school: 1\. Within 60 days after the date upon which a reprisal prohibited by this subsection is alleged to have occurred, an employee may file a complaint with the Department of Education. 2\. Within 3 working days after receiving a complaint under this section, the Department of Education shall acknowledge receipt of the complaint and provide copies of the complaint and any other relevant preliminary information available to each of the other parties named in the complaint, which parties shall each acknowledge receipt of such copies to the complainant. 3\. If the Department of Education determines that the complaint demonstrates reasonable cause to suspect that an unlawful reprisal has occurred, the Department of Education shall conduct an investigation to produce a fact-finding report. 4\. Within 90 days after receiving the complaint, the Department of Education shall provide the district school superintendent of the complainant’s district and the complainant with a fact-finding report that may include recommendations to the parties or a proposed resolution of the complaint. The fact-finding report shall be presumed admissible in any subsequent or related administrative or judicial review. 5\. If the Department of Education determines that reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, and is unable to conciliate a complaint within 60 days after receipt of the fact-finding report, the Department of Education shall terminate the investigation. Upon termination of any investigation, the Department of Education shall notify the complainant and the district school superintendent of the termination of the investigation, providing a summary of relevant facts found during the investigation and the reasons for terminating the investigation. A written statement under this paragraph is presumed admissible as evidence in any judicial or administrative proceeding. 6\. The Department of Education shall either contract with the Division of Administrative Hearings under s. 120.65, or otherwise provide for a complaint for which the Department of Education determines reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, and is unable to conciliate, to be heard by a panel of impartial persons. Upon hearing the complaint, the panel shall make findings of fact and conclusions of law for a final decision by the Department of Education. It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee’s exercise of rights protected by this section. (b) In any action brought under this section for which it is determined reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, the relief shall include the following: 1\. Reinstatement of the employee to the same position held before the unlawful reprisal was commenced, or to an equivalent position, or payment of reasonable front pay as alternative relief. 2\. Reinstatement of the employee’s full fringe benefits and seniority rights, as appropriate. 3\. Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the unlawful reprisal. 4\. Payment of reasonable costs, including attorney’s fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith. 5\. Issuance of an injunction, if appropriate, by a court of competent jurisdiction. 6\. Temporary reinstatement to the employee’s former position or to an equivalent position, pending the final outcome of the complaint, if it is determined that the action was not made in bad faith or for a wrongful purpose, and did not occur after a district school board’s initiation of a personnel action against the employee that includes documentation of the employee’s violation of a disciplinary standard or performance deficiency. **(5) SPONSOR; DUTIES.—** (a) Sponsoring entities.— 1\. A district school board may sponsor a charter school in the county over which the district school board has jurisdiction. 2\. A state university may grant a charter to a lab school created under s. 1002.32 and shall be considered to be the school’s sponsor. Such school shall be considered a charter lab school. 3\. Because needs relating to educational capacity, workforce qualifications, and career education opportunities are constantly changing and extend beyond school district boundaries: a. A state university may, upon approval by the Department of Education, solicit applications and sponsor a charter school to meet regional education or workforce demands by serving students from multiple school districts. b. A Florida College System institution may, upon approval by the Department of Education, solicit applications and sponsor a charter school in any county within its service area to meet workforce demands and may offer postsecondary programs leading to industry certifications to eligible charter school students. A charter school established under subparagraph (b)4. may not be sponsored by a Florida College System institution until its existing charter with the school district expires as provided under subsection (7). c. Notwithstanding paragraph (6)(b), a state university or Florida College System institution may, at its discretion, deny an application for a charter school. d. The Charter School Review Commission, as authorized under s. 1002.3301, may solicit and review applications for charter schools overseen by district school boards and, upon the commission approving an application, the district school board that oversees the school district in which the charter school will be located shall serve as sponsor. (b) Sponsor duties.— 1\. a. The sponsor shall monitor and review the charter school in its progress toward the goals established in the charter. b. The sponsor shall monitor the revenues and expenditures of the charter school and perform the duties provided in s. 1002.345. c. The sponsor may approve a charter for a charter school before the applicant has identified space, equipment, or personnel, if the applicant indicates approval is necessary for it to raise working funds. d. The sponsor may not apply its policies to a charter school unless mutually agreed to by both the sponsor and the charter school. If the sponsor subsequently amends any agreed-upon sponsor policy, the version of the policy in effect at the time of the execution of the charter, or any subsequent modification thereof, shall remain in effect and the sponsor may not hold the charter school responsible for any provision of a newly revised policy until the revised policy is mutually agreed upon. e. The sponsor shall ensure that the charter is innovative and consistent with the state education goals established by s. 1000.03(5). f. The sponsor shall ensure that the charter school participates in the state’s education accountability system. If a charter school falls short of performance measures included in the approved charter, the sponsor shall report such shortcomings to the Department of Education. g. The sponsor is not liable for civil damages under state law for personal injury, property damage, or death resulting from an act or omission of an officer, employee, agent, or governing body of the charter school. h. The sponsor is not liable for civil damages under state law for any employment actions taken by an officer, employee, agent, or governing body of the charter school. i. The sponsor’s duties to monitor the charter school do not constitute the basis for a private cause of action. j. The sponsor may not impose additional reporting requirements on a charter school as long as the charter school has not been identified as having a deteriorating financial condition or financial emergency pursuant to s. 1002.345. k. The sponsor shall submit an annual report to the Department of Education in a web-based format to be determined by the department. (I) The report shall include the following information: (A) The number of applications received during the school year and up to August 1 and each applicant’s contact information. (B) The date each application was approved, denied, or withdrawn. (C) The date each final contract was executed. (II) Annually, by November 1, the sponsor shall submit to the department the information for the applications submitted the previous year. (III) The department shall compile an annual report, by sponsor, and post the report on its website by January 15 of each year. 2\. Immunity for the sponsor of a charter school under subparagraph 1. applies only with respect to acts or omissions not under the sponsor’s direct authority as described in this section. 3\. This paragraph does not waive a sponsor’s sovereign immunity. 4\. A Florida College System institution may work with the school district or school districts in its designated service area to develop charter schools that offer secondary education. These charter schools must include an option for students to receive an associate degree upon high school graduation. If a Florida College System institution operates an approved teacher preparation program under s. 1004.04 or s. 1004.85, the institution may operate charter schools that serve students in kindergarten through grade 12 in any school district within the service area of the institution. District school boards shall cooperate with and assist the Florida College System institution on the charter application. Florida College System institution applications for charter schools are not subject to the time deadlines outlined in subsection (6) and may be approved by the district school board at any time during the year. Florida College System institutions may not report FTE for any students participating under this subparagraph who receive FTE funding through the Florida Education Finance Program. 5\. For purposes of assisting the development of a charter school, a school district may enter into nonexclusive interlocal agreements with federal and state agencies, counties, municipalities, and other governmental entities that operate within the geographical borders of the school district to act on behalf of such governmental entities in the inspection, issuance, and other necessary activities for all necessary permits, licenses, and other permissions that a charter school needs in order for development, construction, or operation. A charter school may use, but may not be required to use, a school district for these services. The interlocal agreement must include, but need not be limited to, the identification of fees that charter schools will be charged for such services. The fees must consist of the governmental entity’s fees plus a fee for the school district to recover no more than actual costs for providing such services. These services and fees are not included within the services to be provided pursuant to subsection (20). Notwithstanding any other provision of law, an interlocal agreement or ordinance that imposes a greater regulatory burden on charter schools than school districts or that prohibits or limits the creation of a charter school is void and unenforceable. An interlocal agreement entered into by a school district for the development of only its own schools, including provisions relating to the extension of infrastructure, may be used by charter schools. 6\. The board of trustees of a sponsoring state university or Florida College System institution under paragraph (a) is the local educational agency for all charter schools it sponsors for purposes of receiving federal funds and accepts full responsibility for all local educational agency requirements and the schools for which it will perform local educational agency responsibilities. A student enrolled in a charter school that is sponsored by a state university or Florida College System institution may not be included in the calculation of the school district’s grade under s. 1008.34(5) for the school district in which he or she resides. (c) Sponsor accountability.— 1\. The department shall, in collaboration with charter school sponsors and charter school operators, develop a sponsor evaluation framework that must address, at a minimum: a. The sponsor’s strategic vision for charter school authorization and the sponsor’s progress toward that vision. b. The alignment of the sponsor’s policies and practices to best practices for charter school authorization. c. The academic and financial performance of all operating charter schools overseen by the sponsor. d. The status of charter schools authorized by the sponsor, including approved, operating, and closed schools. 2\. The department shall compile the results by sponsor and include the results in the report required under sub-sub-subparagraph (b)1.k.(III). **(6) APPLICATION PROCESS AND REVIEW.—** Charter school applications are subject to the following requirements: (a) A person or entity seeking to open a charter school shall prepare and submit an application on the standard application form prepared by the Department of Education which: 1\. Demonstrates how the school will use the guiding principles and meet the statutorily defined purpose of a charter school. 2\. Provides a detailed curriculum plan that illustrates how students will be provided services to attain the state academic standards. 3\. Contains goals and objectives for improving student learning and measuring that improvement. These goals and objectives must indicate how much academic improvement students are expected to show each year, how success will be evaluated, and the specific results to be attained through instruction. 4\. Describes the reading curriculum and differentiated strategies that will be used for students reading at grade level or higher and a separate curriculum and strategies for students who are reading below grade level. Reading instructional strategies for foundational skills shall include phonics instruction for decoding and encoding as the primary instructional strategy for word reading. Instructional strategies may not employ the three-cueing system model of reading or visual memory as a basis for teaching word reading. Such strategies may include visual information and strategies that improve background and experiential knowledge, add context, and increase oral language and vocabulary to support comprehension, but may not be used to teach word reading. A sponsor shall deny an application if the school does not propose a reading curriculum that is consistent with effective teaching strategies that are grounded in scientifically based reading research. 5\. Contains an annual financial plan for each year requested by the charter for operation of the school for up to 5 years. This plan must contain anticipated fund balances based on revenue projections, a spending plan based on projected revenues and expenses, and a description of controls that will safeguard finances and projected enrollment trends. 6\. Discloses the name of each applicant, governing board member, and all proposed education services providers; the name and sponsor of any charter school operated by each applicant, each governing board member, and each proposed education services provider that has closed and the reasons for the closure; and the academic and financial history of such charter schools, which the sponsor shall consider in deciding whether to approve or deny the application. 7\. Contains additional information a sponsor may require, which shall be attached as an addendum to the charter school application described in this paragraph. 8\. For the establishment of a virtual charter school, documents that the applicant has contracted with a provider of virtual instruction services pursuant to s. 1002.45(1)(d). 9\. Describes the mathematics curriculum and differentiated strategies that will be used for students performing at grade level or higher and a separate mathematics curriculum and strategies for students who are performing below grade level. (b) A sponsor shall receive and review all applications for a charter school using the evaluation instrument developed by the Department of Education. A sponsor shall receive and consider charter school applications for charter schools to be opened at a time determined by the applicant. A sponsor may not charge an applicant for a charter any fee for the processing or consideration of an application, and a sponsor may not base its consideration or approval of a final application upon the promise of future payment of any kind. Before approving or denying any application, the sponsor shall allow the applicant, upon receipt of written notification, at least 7 calendar days to make technical or nonsubstantive corrections and clarifications, including, but not limited to, corrections of grammatical, typographical, and like errors or missing signatures, if such errors are identified by the sponsor as cause to deny the final application. 1\. In order to facilitate an accurate budget projection process, a sponsor shall be held harmless for FTE students who are not included in the FTE projection due to approval of charter school applications after the FTE projection deadline. In a further effort to facilitate an accurate budget projection, within 15 calendar days after receipt of a charter school application, a sponsor shall report to the Department of Education the name of the applicant entity, the proposed charter school location, and its projected FTE. 2\. In order to ensure fiscal responsibility, an application for a charter school shall include a full accounting of expected assets, a projection of expected sources and amounts of income, including income derived from projected student enrollments and from community support, and an expense projection that includes full accounting of the costs of operation, including start-up costs. 3\. a. A sponsor shall by a majority vote approve or deny an application no later than 90 calendar days after the application is received, unless the sponsor and the applicant mutually agree in writing to temporarily postpone the vote to a specific date, at which time the sponsor shall by a majority vote approve or deny the application. If the sponsor fails to act on the application, an applicant may appeal to the State Board of Education as provided in paragraph (c). If an application is denied, the sponsor shall, within 10 calendar days after such denial, articulate in writing the specific reasons, based upon good cause, supporting its denial of the application and shall provide the letter of denial and supporting documentation to the applicant and to the Department of Education. b. An application submitted by a high-performing charter school identified pursuant to s. 1002.331 or a high-performing charter school system identified pursuant to s. 1002.332 may be denied by the sponsor only if the sponsor demonstrates by clear and convincing evidence that: (I) The application of a high-performing charter school does not materially comply with the requirements in paragraph (a) or, for a high-performing charter school system, the application does not materially comply with s. 1002.332(2)(b); (II) The charter school proposed in the application does not materially comply with the requirements in paragraphs (9)(a)-(f); (III) The proposed charter school’s educational program does not substantially replicate that of the applicant or one of the applicant’s high-performing charter schools; (IV) The applicant has made a material misrepresentation or false statement or concealed an essential or material fact during the application process; or (V) The proposed charter school’s educational program and financial management practices do not materially comply with the requirements of this section. Material noncompliance is a failure to follow requirements or a violation of prohibitions applicable to charter school applications, which failure is quantitatively or qualitatively significant either individually or when aggregated with other noncompliance. An applicant is considered to be replicating a high-performing charter school if the proposed school is substantially similar to at least one of the applicant’s high-performing charter schools and the organization or individuals involved in the establishment and operation of the proposed school are significantly involved in the operation of replicated schools. c. If the sponsor denies an application submitted by a high-performing charter school or a high-performing charter school system, the sponsor must, within 10 calendar days after such denial, state in writing the specific reasons, based upon the criteria in sub-subparagraph b., supporting its denial of the application and must provide the letter of denial and supporting documentation to the applicant and to the Department of Education. The applicant may appeal the sponsor’s denial of the application in accordance with paragraph (c). 4\. For budget projection purposes, the sponsor shall report to the Department of Education the approval or denial of an application within 10 calendar days after such approval or denial. In the event of approval, the report to the Department of Education shall include the final projected FTE for the approved charter school. 5\. A charter school may defer the opening of the school’s operations for up to 3 years to provide time for adequate facility planning. The charter school must provide written notice of such intent to the sponsor and the parents of enrolled students at least 30 calendar days before the first day of school. (c) 1\. An applicant may appeal any denial of that applicant’s application or failure to act on an application to the State Board of Education no later than 30 calendar days after receipt of the sponsor’s decision or failure to act and shall notify the sponsor of its appeal. Any response of the sponsor shall be submitted to the State Board of Education within 30 calendar days after notification of the appeal. Upon receipt of notification from the State Board of Education that a charter school applicant is filing an appeal, the Commissioner of Education shall convene a meeting of the Charter School Appeal Commission to study and make recommendations to the State Board of Education regarding its pending decision about the appeal. The commission shall forward its recommendation to the state board at least 7 calendar days before the date on which the appeal is to be heard. 2\. The Charter School Appeal Commission may reject an appeal submission for failure to comply with procedural rules governing the appeals process. The rejection shall describe the submission errors. The appellant shall have 15 calendar days after notice of rejection in which to resubmit an appeal that meets the requirements set forth in State Board of Education rule. An appeal submitted subsequent to such rejection is considered timely if the original appeal was filed within 30 calendar days after receipt of notice of the specific reasons for the sponsor’s denial of the charter application. 3\. a. The State Board of Education shall by majority vote accept or reject the decision of the sponsor no later than 90 calendar days after an appeal is filed in accordance with State Board of Education rule. The State Board of Education shall remand the application to the sponsor with its written decision that the sponsor approve or deny the application. The sponsor shall implement the decision of the State Board of Education. The decision of the State Board of Education is not subject to the provisions of the Administrative Procedure Act, chapter 120. b. If an appeal concerns an application submitted by a high-performing charter school identified pursuant to s. 1002.331 or a high-performing charter school system identified pursuant to s. 1002.332, the State Board of Education shall determine whether the sponsor’s denial was in accordance with sub-subparagraph (b)3.b. (d) 1\. The sponsor shall act upon the decision of the State Board of Education within 30 calendar days after it is received. The State Board of Education’s decision is a final action subject to judicial review in the district court of appeal. A prevailing party may file an action with the Division of Administrative Hearings to recover reasonable attorney fees and costs incurred during the denial of the application and any appeals. 2\. A school district that fails to implement the decision affirmed by a district court of appeal shall reduce the administrative fees withheld pursuant to subsection (20) to 1 percent for all charter schools operating in the school district. Such school districts shall file a monthly report detailing the reduction in the amount of administrative fees withheld. Upon execution of the charter, the sponsor may resume withholding the full amount of administrative fees but may not recover any fees that would have otherwise accrued during the period of noncompliance. Any charter school that had administrative fees withheld in violation of this paragraph may recover attorney fees and costs to enforce the requirements of this paragraph. (e) 1\. A Charter School Appeal Commission is established to assist the commissioner and the State Board of Education with a fair and impartial review of appeals by applicants whose charter applications have been denied, whose charter contracts have not been renewed, or whose charter contracts have been terminated by their sponsors. 2\. The Charter School Appeal Commission may receive copies of the appeal documents forwarded to the State Board of Education, review the documents, gather other applicable information regarding the appeal, and make a written recommendation to the commissioner. The recommendation must state whether the appeal should be upheld or denied and include the reasons for the recommendation being offered. The commissioner shall forward the recommendation to the State Board of Education no later than 7 calendar days prior to the date on which the appeal is to be heard. The state board must consider the commission’s recommendation in making its decision, but is not bound by the recommendation. The decision of the Charter School Appeal Commission is not subject to the provisions of the Administrative Procedure Act, chapter 120. 3\. The commissioner shall appoint a number of members to the Charter School Appeal Commission sufficient to ensure that no potential conflict of interest exists for any commission appeal decision. Members shall serve without compensation but may be reimbursed for travel and per diem expenses in conjunction with their service. Of the members hearing the appeal, one-half must represent currently operating charter schools and one-half must represent sponsors. The commissioner or a named designee shall chair the Charter School Appeal Commission. 4\. The chair shall convene meetings of the commission and shall ensure that the written recommendations are completed and forwarded in a timely manner. In cases where the commission cannot reach a decision, the chair shall make the written recommendation with justification, noting that the decision was rendered by the chair. 5\. Commission members shall thoroughly review the materials presented to them from the appellant and the sponsor. The commission may request information to clarify the documentation presented to it. In the course of its review, the commission may facilitate the postponement of an appeal in those cases where additional time and communication may negate the need for a formal appeal and both parties agree, in writing, to postpone the appeal to the State Board of Education. A new date certain for the appeal shall then be set based upon the rules and procedures of the State Board of Education. Commission members shall provide a written recommendation to the state board as to whether the appeal should be upheld or denied. A fact-based justification for the recommendation must be included. The chair must ensure that the written recommendation is submitted to the State Board of Education members no later than 7 calendar days prior to the date on which the appeal is to be heard. Both parties in the case shall also be provided a copy of the recommendation. (f) 1\. The Department of Education shall provide or arrange for training and technical assistance to charter schools in developing and adjusting business plans and accounting for costs and income. Training and technical assistance shall also address, at a minimum, state and federal grant and student performance accountability reporting requirements and provide assistance in identifying and applying for the types and amounts of state and federal financial assistance the charter school may be eligible to receive. The department may provide other technical assistance to an applicant upon written request. 2\. A charter school applicant must participate in the training provided by the Department of Education after approval of an application but at least 30 calendar days before the first day of classes at the charter school. However, a sponsor may require the charter school applicant to attend training provided by the sponsor in lieu of the department’s training if the sponsor’s training standards meet or exceed the standards developed by the department. In such case, the sponsor may not require the charter school applicant to attend the training within 30 calendar days before the first day of classes at the charter school. The training must include instruction in accurate financial planning and good business practices. If the applicant is a management company or a nonprofit organization, the charter school principal and the chief financial officer or his or her equivalent must also participate in the training. A sponsor may not require a high-performing charter school or high-performing charter school system applicant to participate in the training described in this subparagraph more than once. (g) In considering charter applications for a lab school, a state university shall consult with the district school board of the county in which the lab school is located. The decision of a state university may be appealed pursuant to the procedure established in this subsection. **(7) CHARTER.—** The terms and conditions for the operation of a charter school, including a virtual charter school, shall be set forth by the sponsor and the applicant in a written contractual agreement, called a charter. The sponsor and the governing board of the charter school or virtual charter school shall use the standard charter contract or standard virtual charter contract, respectively, pursuant to subsection (21), which shall incorporate the approved application and any addenda approved with the application. Any term or condition of a proposed charter contract or proposed virtual charter contract that differs from the standard charter or virtual charter contract adopted by rule of the State Board of Education shall be presumed a limitation on charter school flexibility. The sponsor may not impose unreasonable rules or regulations that violate the intent of giving charter schools greater flexibility to meet educational goals. The charter shall be signed by the governing board of the charter school and the sponsor, following a public hearing to ensure community input. (a) The charter shall address and criteria for approval of the charter shall be based on: 1\. The school’s mission, the types of students to be served, and, for a virtual charter school, the types of students the school intends to serve who reside outside of the sponsoring school district, and the ages and grades to be included. 2\. The focus of the curriculum, the instructional methods to be used, any distinctive instructional techniques to be employed, and identification and acquisition of appropriate technologies needed to improve educational and administrative performance which include a means for promoting safe, ethical, and appropriate uses of technology which comply with legal and professional standards. a. The charter shall ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide specialized instruction for students who are reading below grade level. The curriculum and instructional strategies for reading must be consistent with the state’s academic standards and grounded in scientifically based reading research. Reading instructional strategies for foundational skills shall include phonics instruction for decoding and encoding as the primary instructional strategy for word reading. Instructional strategies may not employ the three-cueing system model of reading or visual memory as a basis for teaching word reading. Such strategies may include visual information and strategies that improve background and experiential knowledge, add context, and increase oral language and vocabulary to support comprehension, but may not be used to teach word reading. b. The charter shall ensure that mathematics is a focus of the curriculum and that resources are provided to identify and provide specialized instruction for students who are performing below grade level. c. In order to provide students with access to diverse instructional delivery models, to facilitate the integration of technology within traditional classroom instruction, and to provide students with the skills they need to compete in the 21st century economy, the Legislature encourages instructional methods for blended learning courses consisting of both traditional classroom and online instructional techniques. Charter schools may implement blended learning courses which combine traditional classroom instruction and virtual instruction. Students in a blended learning course must be full-time students of the charter school pursuant to s. 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 1012.55 who provide virtual instruction for blended learning courses may be employees of the charter school or may be under contract to provide instructional services to charter school students. At a minimum, such instructional personnel must hold an active state or school district adjunct certification under s. 1012.57 for the subject area of the blended learning course. The funding and performance accountability requirements for blended learning courses are the same as those for traditional courses. 3\. The current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used. The criteria listed in this subparagraph shall include a detailed description of: a. How the baseline student academic achievement levels and prior rates of academic progress will be established. b. How these baseline rates will be compared to rates of academic progress achieved by these same students while attending the charter school. c. To the extent possible, how these rates of progress will be evaluated and compared with rates of progress of other closely comparable student populations. A district school board is required to provide academic student performance data to charter schools for each of their students coming from the district school system, as well as rates of academic progress of comparable student populations in the district school system. 4\. The methods used to identify the educational strengths and needs of students and how well educational goals and performance standards are met by students attending the charter school. The methods shall provide a means for the charter school to ensure accountability to its constituents by analyzing student performance data and by evaluating the effectiveness and efficiency of its major educational programs. Students in charter schools shall, at a minimum, participate in the statewide assessment program created under s. 1008.22. 5\. In secondary charter schools, a method for determining that a student has satisfied the requirements for graduation in s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 6\. A method for resolving conflicts between the governing board of the charter school and the sponsor. 7\. The admissions procedures and dismissal procedures, including the school’s code of student conduct. Admission or dismissal must not be based on a student’s academic performance, except as authorized under subparagraph (10)(e)5. 8\. The ways by which the school will achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other nearby public schools or school districts. 9\. The financial and administrative management of the school, including a reasonable demonstration of the professional experience or competence of those individuals or organizations applying to operate the charter school or those hired or retained to perform such professional services and the description of clearly delineated responsibilities and the policies and practices needed to effectively manage the charter school. A description of internal audit procedures and establishment of controls to ensure that financial resources are properly managed must be included. Both public sector and private sector professional experience shall be equally valid in such a consideration. 10\. The asset and liability projections required in the application which are incorporated into the charter and shall be compared with information provided in the annual report of the charter school. 11\. A description of procedures that identify various risks and provide for a comprehensive approach to reduce the impact of losses; plans to ensure the safety and security of students and staff; plans to identify, minimize, and protect others from violent or disruptive student behavior; and the manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and conditions thereof and the amounts of coverage. 12\. The term of the charter which shall provide for cancellation of the charter if insufficient progress has been made in attaining the student achievement objectives of the charter and if it is not likely that such objectives can be achieved before expiration of the charter. The initial term of a charter shall be for 5 years, excluding 2 planning years. In order to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a municipality or other public entity as provided by law are eligible for up to a 15-year charter, subject to approval by the sponsor. A charter lab school is eligible for a charter for a term of up to 15 years. In addition, to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a private, not-for-profit, s. 501(c)(3) status corporation are eligible for up to a 15-year charter, subject to approval by the sponsor. Such long-term charters remain subject to annual review and may be terminated during the term of the charter, but only according to the provisions set forth in subsection (8). 13\. The facilities to be used and their location. The sponsor may not require a charter school to have a certificate of occupancy or a temporary certificate of occupancy for such a facility earlier than 15 calendar days before the first day of school. 14\. The qualifications to be required of the teachers and the potential strategies used to recruit, hire, train, and retain qualified staff to achieve best value. 15\. The governance structure of the school, including the status of the charter school as a public or private employer as required in paragraph (12)(i). 16\. A timetable for implementing the charter which addresses the implementation of each element thereof and the date by which the charter shall be awarded in order to meet this timetable. 17\. In the case of an existing public school that is being converted to charter status, alternative arrangements for current students who choose not to attend the charter school and for current teachers who choose not to teach in the charter school after conversion in accordance with the existing collective bargaining agreement or district school board rule in the absence of a collective bargaining agreement. However, alternative arrangements shall not be required for current teachers who choose not to teach in a charter lab school, except as authorized by the employment policies of the state university which grants the charter to the lab school. 18\. Full disclosure of the identity of all relatives employed by the charter school who are related to the charter school owner, president, chairperson of the governing board of directors, superintendent, governing board member, principal, assistant principal, or any other person employed by the charter school who has equivalent decisionmaking authority. For the purpose of this subparagraph, the term “relative” means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 19\. Implementation of the activities authorized under s. 1002.331 by the charter school when it satisfies the eligibility requirements for a high-performing charter school. A high-performing charter school shall notify its sponsor in writing by March 1 if it intends to increase enrollment or expand grade levels the following school year. The written notice shall specify the amount of the enrollment increase and the grade levels that will be added, as applicable. (b) The sponsor has 30 days after approval of the application to provide an initial proposed charter contract to the charter school. The applicant and the sponsor have 40 days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension. The proposed charter contract shall be provided to the charter school at least 7 calendar days before the date of the meeting at which the charter is scheduled to be voted upon by the sponsor. The Department of Education shall provide mediation services for any dispute regarding this section subsequent to the approval of a charter application and for any dispute relating to the approved charter, except a dispute regarding a charter school application denial. If either the charter school or the sponsor indicates in writing that the party does not desire to settle any dispute arising under this section through mediation procedures offered by the Department of Education, a charter school may immediately appeal any formal or informal decision by the sponsor to an administrative law judge appointed by the Division of Administrative Hearings. If the Commissioner of Education determines that the dispute cannot be settled through mediation, the dispute may also be appealed to an administrative law judge appointed by the Division of Administrative Hearings. The administrative law judge has final order authority to rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the charter violate the intended flexibility granted charter schools by statute, or any other matter regarding this section, except a dispute regarding charter school application denial, a charter termination, or a charter nonrenewal. The administrative law judge shall award the prevailing party reasonable attorney fees and costs incurred during the mediation process, administrative proceeding, and any appeals, to be paid by the party against whom the administrative law judge rules. (c) 1\. A charter may be renewed provided that a program review demonstrates that the criteria in paragraph (a) have been successfully accomplished and that none of the grounds for nonrenewal established by paragraph (8)(a) have been expressly found. The charter of a charter school that meets these requirements and has received a school grade lower than a “B” pursuant to s. 1008.34 in the most recently graded school year must be renewed for no less than a 5-year term except as provided in paragraph (9)(n). In order to facilitate long-term financing for charter school construction, charter schools operating for a minimum of 3 years and demonstrating exemplary academic programming and fiscal management are eligible for a 15-year charter renewal. Such long-term charter is subject to annual review and may be terminated during the term of the charter. 2\. The 15-year charter renewal that may be granted pursuant to subparagraph 1. must be granted to a charter school that has received a school grade of “A” or “B” pursuant to s. 1008.34 in the most recently graded school year and that is not in a state of financial emergency or deficit position as defined by this section. Such long-term charter is subject to annual review and may be terminated during the term of the charter pursuant to subsection (8). (d) A charter may be modified during its term upon the recommendation of the sponsor or the charter school’s governing board and the approval of both parties to the agreement. Changes to curriculum which are consistent with state standards shall be deemed approved unless the sponsor and the Department of Education determine in writing that the curriculum is inconsistent with state standards. Modification during any term may include, but is not limited to, consolidation of multiple charters into a single charter if the charters are operated under the same governing board, regardless of the renewal cycle. A charter school that is not subject to a school improvement plan and that closes as part of a consolidation shall be reported by the sponsor as a consolidation. A request for consolidation of multiple charters must be approved or denied within 60 days after the submission of the request. If the request is denied, the sponsor shall notify the charter school’s governing board of the denial and provide the specific reasons, in reasonable detail, for the denial of the request for consolidation within 10 days. (e) A charter may be terminated by a charter school’s governing board through voluntary closure. The decision to cease operations must be determined at a public meeting. The governing board shall notify the parents and sponsor of the public meeting in writing before the public meeting. The governing board must notify the sponsor, parents of enrolled students, and the department in writing within 24 hours after the public meeting of its determination. The notice shall state the charter school’s intent to continue operations or the reason for the closure and acknowledge that the governing board agrees to follow the procedures for dissolution and reversion of public funds pursuant to paragraphs (8)(d)-(f) and (9)(o). (f) A charter may include a provision requiring the charter school to be held responsible for all costs associated with, but not limited to, mediation, damages, and attorney fees incurred by the district in connection with complaints to the Office of Civil Rights or the Equal Employment Opportunity Commission. **(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—** (a) The sponsor shall make student academic achievement for all students the most important factor when determining whether to renew or terminate the charter. The sponsor may choose not to renew or may terminate the charter only if the sponsor expressly finds that one of the grounds set forth below exists by clear and convincing evidence: 1\. Failure to participate in the state’s education accountability system created in s. 1008.31, as required in this section, or failure to meet the requirements for student performance stated in the charter. 2\. Failure to meet generally accepted standards of fiscal management due to deteriorating financial conditions or financial emergencies determined pursuant to s. 1002.345. 3\. Material violation of law. (b) Before a vote on any proposed action to renew; terminate, other than an immediate termination under paragraph (c); or not renew the charter and at least 90 days before the end of the school year, the sponsor shall notify the governing board of the school in writing of the proposed action to renew, terminate, or not renew the charter. A charter automatically renews with the same terms and conditions if notification does not occur at least 90 days before the end of the school year. The notice shall state in reasonable detail the grounds for the proposed action and stipulate that the school’s governing board may, within 14 calendar days after receiving the notice, request a hearing. The hearing shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings. The hearing shall be conducted within 90 days after receipt of the request for a hearing and in accordance with chapter 120. The administrative law judge’s final order shall be submitted to the sponsor. The administrative law judge shall award the prevailing party reasonable attorney fees and costs incurred during the administrative proceeding and any appeals. The charter school’s governing board may, within 30 calendar days after receiving the final order, appeal the decision pursuant to s. 120.68. (c) A charter may be terminated immediately if the sponsor sets forth in writing the particular facts and circumstances demonstrating that an immediate and serious danger to the health, safety, or welfare of the charter school’s students exists; that the immediate and serious danger is likely to continue; and that an immediate termination of the charter is necessary. The sponsor’s determination is subject to the procedures set forth in paragraph (b), except that the hearing may take place after the charter has been terminated. The sponsor shall notify in writing the charter school’s governing board, the charter school principal, and the department of the facts and circumstances supporting the immediate termination. The sponsor shall clearly identify the specific issues that resulted in the immediate termination and provide evidence of prior notification of issues resulting in the immediate termination, if applicable. Upon receiving written notice from the sponsor, the charter school’s governing board has 10 calendar days to request a hearing. A requested hearing must be expedited and the final order must be issued within 60 days after the date of request. The administrative law judge shall award reasonable attorney fees and costs to the prevailing party of any injunction, administrative proceeding, or appeal. The sponsor may seek an injunction in the circuit court in which the charter school is located to enjoin continued operation of the charter school if continued operation would materially threaten the health, safety, or welfare of the students. (d) When a charter is not renewed or is terminated, the school shall be dissolved under the provisions of law under which the school was organized, and any unencumbered public funds, except for capital outlay funds and federal charter school program grant funds, from the charter school shall revert to the sponsor. Capital outlay funds provided pursuant to s. 1013.62 and federal charter school program grant funds that are unencumbered shall revert to the department to be redistributed among eligible charter schools. In the event a charter school is dissolved or is otherwise terminated, all sponsor property and improvements, furnishings, and equipment purchased with public funds shall automatically revert to full ownership by the sponsor, subject to complete satisfaction of any lawful liens or encumbrances. Any unencumbered public funds from the charter school, property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the charter school, in the possession of any person, entity, or holding company, other than the charter school, shall be held in trust upon the sponsor’s request, until any appeal status is resolved. (e) If a charter is not renewed or is terminated, the charter school is responsible for all debts of the charter school. The sponsor may not assume the debt from any contract made between the governing body of the school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the sponsor and the governing body of the school and that may not reasonably be assumed to have been satisfied by the sponsor. (f) If a charter is not renewed or is terminated, a student who attended the school may apply to, and shall be enrolled in, another public school. Normal application deadlines shall be disregarded under such circumstances. **(9) CHARTER SCHOOL REQUIREMENTS.—** (a) A charter school shall be nonsectarian in its programs, admission policies, employment practices, and operations. (b) A charter school shall admit students as provided in subsection (10). (c) A charter school shall be accountable to its sponsor for performance as provided in subsection (7). (d) A charter school shall not charge tuition or registration fees, except those fees normally charged by other public schools. However, a charter lab school may charge a student activity and service fee as authorized by s. 1002.32(5). (e) A charter school shall meet all applicable state and local health, safety, and civil rights requirements. (f) A charter school shall not violate the antidiscrimination provisions of s. 1000.05. (g) 1\. In order to provide financial information that is comparable to that reported for other public schools, charter schools are to maintain all financial records that constitute their accounting system: a. In accordance with the accounts and codes prescribed in the most recent issuance of the publication titled “Financial and Program Cost Accounting and Reporting for Florida Schools”; or b. At the discretion of the charter school’s governing board, a charter school may elect to follow generally accepted accounting standards for not-for-profit organizations, but must reformat this information for reporting according to this paragraph. 2\. Charter schools shall provide annual financial report and program cost report information in the state-required formats for inclusion in sponsor reporting in compliance with s. 1011.60(1). Charter schools that are operated by a municipality or are a component unit of a parent nonprofit organization may use the accounting system of the municipality or the parent but must reformat this information for reporting according to this paragraph. 3\. A charter school shall, upon approval of the charter contract, provide the sponsor with a concise, uniform, monthly financial statement summary sheet that contains a balance sheet and a statement of revenue, expenditures, and changes in fund balance. The balance sheet and the statement of revenue, expenditures, and changes in fund balance shall be in the governmental funds format prescribed by the Governmental Accounting Standards Board. A high-performing charter school pursuant to s. 1002.331 may provide a quarterly financial statement in the same format and requirements as the uniform monthly financial statement summary sheet. The sponsor shall review each monthly or quarterly financial statement to identify the existence of any conditions identified in s. 1002.345(1)(a). 4\. A charter school shall maintain and provide financial information as required in this paragraph. The financial statement required in subparagraph 3. must be in a form prescribed by the Department of Education. (h) The governing board of the charter school shall annually adopt and maintain an operating budget. (i) The governing body of the charter school shall exercise continuing oversight over charter school operations. (j) The governing body of the charter school shall be responsible for: 1\. Establishing and maintaining internal controls designed to: a. Prevent and detect fraud, waste, and abuse as defined in s. 11.45(1). b. Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices. c. Support economical and efficient operations. d. Ensure reliability of financial records and reports. e. Safeguard assets. 2\. Ensuring that the charter school has retained the services of a certified public accountant or auditor for the annual financial audit, pursuant to s. 1002.345(2), who shall submit the report to the governing body. 3\. Reviewing and approving the audit report, including audit findings and recommendations for the financial recovery plan. 4\. a. Performing the duties in s. 1002.345, including monitoring a corrective action plan. b. Monitoring a financial recovery plan in order to ensure compliance. 5\. Participating in governance training approved by the department which must include government in the sunshine, conflicts of interest, ethics, and financial responsibility. (k) The governing body of the charter school shall report its progress annually to its sponsor, which shall forward the report to the Commissioner of Education at the same time as other annual school accountability reports. The Department of Education shall develop a uniform, online annual accountability report to be completed by charter schools. This report shall be easy to utilize and contain demographic information, student performance data, and financial accountability information. A charter school shall not be required to provide information and data that is duplicative and already in the possession of the department. The Department of Education shall include in its compilation a notation if a school failed to file its report by the deadline established by the department. The report shall include at least the following components: 1\. Student achievement performance data, including the information required for the annual school report and the education accountability system governed by ss. 1008.31 and 1008.345. Charter schools are subject to the same accountability requirements as other public schools, including reports of student achievement information that links baseline student data to the school’s performance projections identified in the charter. The charter school shall identify reasons for any difference between projected and actual student performance. 2\. Financial status of the charter school which must include revenues and expenditures at a level of detail that allows for analysis of the charter school’s ability to meet financial obligations and timely repayment of debt. 3\. Documentation of the facilities in current use and any planned facilities for use by the charter school for instruction of students, administrative functions, or investment purposes. 4\. Descriptive information about the charter school’s personnel, including salary and benefit levels of charter school employees, the proportion of instructional personnel who hold professional or temporary certificates, and the proportion of instructional personnel teaching in-field or out-of-field. (l) A charter school shall not levy taxes or issue bonds secured by tax revenues. (m) A charter school shall provide instruction for at least the number of days required by law for other public schools and may provide instruction for additional days. (n) 1\. The director and a representative of the governing board of a charter school that has earned a grade of “D” or “F” pursuant to s. 1008.34 shall appear before the sponsor to present information concerning each contract component having noted deficiencies. The director and a representative of the governing board shall submit to the sponsor for approval a school improvement plan to raise student performance. Upon approval by the sponsor, the charter school shall begin implementation of the school improvement plan. The department shall offer technical assistance and training to the charter school and its governing board and establish guidelines for developing, submitting, and approving such plans. 2\. a. If a charter school earns three consecutive grades below a “C,” the charter school governing board shall choose one of the following corrective actions: (I) Contract for educational services to be provided directly to students, instructional personnel, and school administrators, as prescribed in state board rule; (II) Contract with an outside entity that has a demonstrated record of effectiveness to operate the school; (III) Reorganize the school under a new director or principal who is authorized to hire new staff; or (IV) Voluntarily close the charter school. b. The charter school must implement the corrective action in the school year following receipt of a third consecutive grade below a “C.” c. The sponsor may annually waive a corrective action if it determines that the charter school is likely to improve a letter grade if additional time is provided to implement the intervention and support strategies prescribed by the school improvement plan. Notwithstanding this sub-subparagraph, a charter school that earns a second consecutive grade of “F” is subject to subparagraph 3. d. A charter school is no longer required to implement a corrective action if it improves to a “C” or higher. However, the charter school must continue to implement strategies identified in the school improvement plan. The sponsor must annually review implementation of the school improvement plan to monitor the school’s continued improvement pursuant to subparagraph 4. e. A charter school implementing a corrective action that does not improve to a “C” or higher after 2 full school years of implementing the corrective action must select a different corrective action. Implementation of the new corrective action must begin in the school year following the implementation period of the existing corrective action, unless the sponsor determines that the charter school is likely to improve to a “C” or higher if additional time is provided to implement the existing corrective action. Notwithstanding this sub-subparagraph, a charter school that earns a second consecutive grade of “F” while implementing a corrective action is subject to subparagraph 3. 3\. A charter school’s charter contract is automatically terminated if the school earns two consecutive grades of “F” after all school grade appeals are final unless: a. The charter school is established to turn around the performance of a district public school pursuant to s. 1008.33(4)(b)2. Such charter schools shall be governed by s. 1008.33; b. The charter school serves a student population the majority of which resides in a school zone served by a district public school subject to s. 1008.33(4) and the charter school earns at least a grade of “D” in its third year of operation. The exception provided under this sub-subparagraph does not apply to a charter school in its fourth year of operation and thereafter; or c. The state board grants the charter school a waiver of termination. The charter school must request the waiver within 15 days after the department’s official release of school grades. The state board may waive termination if the charter school demonstrates that the Learning Gains of its students on statewide assessments are comparable to or better than the Learning Gains of similarly situated students enrolled in nearby public schools. The waiver is valid for 1 year and may only be granted once. Charter schools that have been in operation for more than 5 years are not eligible for a waiver under this sub-subparagraph. The sponsor shall notify the charter school’s governing board, the charter school principal, and the department in writing when a charter contract is terminated under this subparagraph. A charter terminated under this subparagraph must follow the procedures for dissolution and reversion of public funds pursuant to paragraphs (8)(d)-(f) and (9)(o). 4\. The director and a representative of the governing board of a graded charter school that has implemented a school improvement plan under this paragraph shall appear before the sponsor at least once a year to present information regarding the progress of intervention and support strategies implemented by the school pursuant to the school improvement plan and corrective actions, if applicable. The sponsor shall communicate at the meeting, and in writing to the director, the services provided to the school to help the school address its deficiencies. 5\. Notwithstanding any provision of this paragraph except sub-subparagraphs 3.a.-c., the sponsor may terminate the charter at any time pursuant to subsection (8). (o) 1\. Upon initial notification of nonrenewal, closure, or termination of its charter, a charter school may not expend more than $10,000 per expenditure without prior written approval from the sponsor unless such expenditure was included within the annual budget submitted to the sponsor pursuant to the charter contract, is for reasonable attorney fees and costs during the pendency of any appeal, or is for reasonable fees and costs to conduct an independent audit. 2\. An independent audit shall be completed within 30 days after notice of nonrenewal, closure, or termination to account for all public funds and assets. 3\. A provision in a charter contract that contains an acceleration clause requiring the expenditure of funds based upon closure or upon notification of nonrenewal or termination is void and unenforceable. 4\. A charter school may not enter into a contract with an employee that exceeds the term of the school’s charter contract with its sponsor. 5\. A violation of this paragraph triggers a reversion or clawback power by the sponsor allowing for collection of an amount equal to or less than the accelerated amount that exceeds normal expenditures. The reversion or clawback plus legal fees and costs shall be levied against the person or entity receiving the accelerated amount. (p) 1\. Each charter school shall maintain a website that enables the public to obtain information regarding the school; the school’s academic performance; the names of the governing board members; the programs at the school; any management companies, service providers, or education management corporations associated with the school; the school’s annual budget and its annual independent fiscal audit; the school’s grade pursuant to s. 1008.34; and, on a quarterly basis, the minutes of governing board meetings. 2\. Each charter school’s governing board must appoint a representative to facilitate parental involvement, provide access to information, assist parents and others with questions and concerns, and resolve disputes. The representative must reside in the school district in which the charter school is located and may be a governing board member, a charter school employee, or an individual contracted to represent the governing board. If the governing board oversees multiple charter schools in the same school district, the governing board must appoint a separate representative for each charter school in the district. The representative’s contact information must be provided annually in writing to parents and posted prominently on the charter school’s website. The sponsor may not require governing board members to reside in the school district in which the charter school is located if the charter school complies with this subparagraph. 3\. Each charter school’s governing board must hold at least two public meetings per school year in the school district where the charter school is located. The meetings must be noticed, open, and accessible to the public, and attendees must be provided an opportunity to receive information and provide input regarding the charter school’s operations. The appointed representative and charter school principal or director, or his or her designee, must be physically present at each meeting. Members of the governing board or any member of a committee formed or designated by the governing board may attend in person or by means of communications media technology used in accordance with rules adopted by the Administration Commission under s. 120.54(5). (q) 1\. The charter school principal or the principal’s designee shall make a reasonable attempt to notify the parent of a student before the student is removed from school, school transportation, or a school-sponsored activity to be taken to a receiving facility for an involuntary examination pursuant to s. 394.463. For purposes of this subparagraph, “a reasonable attempt to notify” means the exercise of reasonable diligence and care by the principal or the principal’s designee to make contact with the student’s parent, guardian, or other known emergency contact whom the student’s parent or guardian has authorized to receive notification of an involuntary examination. At a minimum, the principal or the principal’s designee must take the following actions: a. Use available methods of communication to contact the student’s parent, guardian, or other known emergency contact, including, but not limited to, telephone calls, text messages, e-mails, and voice mail messages following the decision to initiate an involuntary examination of the student. b. Document the method and number of attempts made to contact the student’s parent, guardian, or other known emergency contact, and the outcome of each attempt. A principal or his or her designee who successfully notifies any other known emergency contact may share only the information necessary to alert such contact that the parent or caregiver must be contacted. All such information must be in compliance with federal and state law. 2\. The principal or the principal’s designee may delay notification for no more than 24 hours after the student is removed if: a. The principal or the principal’s designee deems the delay to be in the student’s best interest and a report has been submitted to the central abuse hotline, pursuant to s. 39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect; or b. The principal or the principal’s designee reasonably believes that such delay is necessary to avoid jeopardizing the health and safety of the student. 3\. Before a principal or his or her designee contacts a law enforcement officer, he or she must verify that de-escalation strategies have been utilized and outreach to a mobile response team has been initiated unless the principal or the principal’s designee reasonably believes that any delay in removing the student will increase the likelihood of harm to the student or others. This requirement does not supersede the authority of a law enforcement officer to act under s. 394.463. Each charter school governing board shall develop a policy and procedures for notification under this paragraph. (r) 1\. Parents of charter school students have a right to timely notification of threats, unlawful acts, and significant emergencies pursuant to s. 1006.07(4) and (7). 2\. Parents of charter school students have a right to access school safety and discipline incidents as reported pursuant to s. 1006.07(9). **(10) ELIGIBLE STUDENTS.—** (a) 1\. A charter school may be exempt from the requirements of s. 1002.31 if the school is open to any student covered in an interdistrict agreement and any student residing in the school district in which the charter school is located. 2\. A virtual charter school when enrolling students shall comply with the applicable requirements of s. 1002.31 and with the enrollment requirements established under s. 1002.45(1)(e)4. 3\. A charter lab school shall be open to any student eligible to attend the lab school as provided in s. 1002.32 or who resides in the school district in which the charter lab school is located. 4\. Any eligible student shall be allowed interdistrict transfer to attend a charter school when based on good cause. Good cause shall include, but is not limited to, geographic proximity to a charter school in a neighboring school district. (b) The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a random selection process. (c) When a public school converts to charter status, enrollment preference shall be given to students who would have otherwise attended that public school. The district school board shall consult and negotiate with the conversion charter school every 3 years to determine whether realignment of the conversion charter school’s attendance zone is appropriate in order to ensure that students residing closest to the charter school are provided with an enrollment preference. (d) A charter school may give enrollment preference to the following student populations: 1\. Students who are siblings of a student enrolled in the charter school. 2\. Students who are the children of a member of the governing board of the charter school. 3\. Students who are the children of an employee of the charter school. 4\. Students who are the children of: a. An employee of the business partner of a charter school-in-the-workplace established under paragraph (15)(b) or a resident of the municipality in which such charter school is located; or b. A resident or employee of a municipality that operates a charter school-in-a-municipality pursuant to paragraph (15)(c) or allows a charter school to use a school facility or portion of land provided by the municipality for the operation of the charter school. 5\. Students who have successfully completed, during the previous year, a voluntary prekindergarten education program under ss. 1002.51-1002.79 provided by the charter school, the charter school’s governing board, or a voluntary prekindergarten provider that has a written agreement with the governing board. 6\. Students who are the children of an active duty member of any branch of the United States Armed Forces. 7\. Students who attended or are assigned to failing schools pursuant to s. 1002.38(2). 8\. Students who are the children of a safe-school officer, as defined in s. 1006.12, at the school. (e) A charter school may limit the enrollment process only to target the following student populations: 1\. Students within specific age groups or grade levels. 2\. Students considered at risk of dropping out of school or academic failure. Such students shall include exceptional education students. 3\. Students enrolling in a charter school-in-the-workplace or charter school-in-a-municipality established pursuant to subsection (15). 4\. Students residing within a reasonable distance of the charter school, as described in paragraph (20)(c). Such students shall be subject to a random lottery and to the racial/ethnic balance provisions described in subparagraph (7)(a)8. or any federal provisions that require a school to achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other nearby public schools. 5\. Students who meet reasonable academic, artistic, or other eligibility standards established by the charter school and included in the charter school application and charter or, in the case of existing charter schools, standards that are consistent with the school’s mission and purpose. Such standards shall be in accordance with current state law and practice in public schools and may not discriminate against otherwise qualified individuals. A school that limits enrollment for such purposes must place a student on a progress monitoring plan for at least one semester before dismissing such student from the school. 6\. Students articulating from one charter school to another pursuant to an articulation agreement between the charter schools that has been approved by the sponsor. 7\. Students living in a development in which a developer, including any affiliated business entity or charitable foundation, contributes to the formation, acquisition, construction, or operation of one or more charter schools or charter school facilities and related property in an amount equal to or having a total appraised value of at least $5 million to be used as charter schools to mitigate the educational impact created by the development of new residential dwelling units. Students living in the development are entitled to 50 percent of the student stations in the charter schools. The students who are eligible for enrollment are subject to a random lottery, the racial/ethnic balance provisions, or any federal provisions, as described in subparagraph 4. The remainder of the student stations must be filled in accordance with subparagraph 4. (f) Students with disabilities and students served in English for Speakers of Other Languages programs shall have an equal opportunity of being selected for enrollment in a charter school. (g) A student may withdraw from a charter school at any time and enroll in another public school as determined by district school board rule. (h) The capacity of the charter school shall be determined annually by the governing board, in conjunction with the sponsor, of the charter school in consideration of the factors identified in this subsection unless the charter school is designated as a high-performing charter school pursuant to s. 1002.331. A sponsor may not require a charter school to waive the provisions of s. 1002.331 or require a student enrollment cap that prohibits a high-performing charter school from increasing enrollment in accordance with s. 1002.331(2) as a condition of approval or renewal of a charter. (i) The capacity of a high-performing charter school identified pursuant to s. 1002.331 shall be determined annually by the governing board of the charter school. The governing board shall notify the sponsor of any increase in enrollment by March 1 of the school year preceding the increase. A sponsor may not require a charter school to identify the names of students to be enrolled or to enroll those students before the start of the school year as a condition of approval or renewal of a charter. **(11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.—** A charter school student is eligible to participate in an interscholastic extracurricular activity at the public school to which the student would be otherwise assigned to attend, or may develop an agreement to participate at a private school, pursuant to s. 1006.15(3)(d). **(12) EMPLOYEES OF CHARTER SCHOOLS.—** (a) A charter school shall select its own employees. A charter school may contract with its sponsor for the services of personnel employed by the sponsor. (b) Charter school employees shall have the option to bargain collectively. Employees may collectively bargain as a separate unit or as part of the existing district collective bargaining unit as determined by the structure of the charter school. (c) The employees of a conversion charter school shall remain public employees for all purposes, unless such employees choose not to do so. (d) The teachers at a charter school may choose to be part of a professional group that subcontracts with the charter school to operate the instructional program under the auspices of a partnership or cooperative that they collectively own. Under this arrangement, the teachers would not be public employees. (e) Employees of a school district may take leave to accept employment in a charter school upon the approval of the district school board. While employed by the charter school and on leave that is approved by the district school board, the employee may retain seniority accrued in that school district and may continue to be covered by the benefit programs of that school district, if the charter school and the district school board agree to this arrangement and its financing. School districts shall not require resignations of teachers desiring to teach in a charter school. This paragraph shall not prohibit a district school board from approving alternative leave arrangements consistent with chapter 1012. (f) Teachers employed by or under contract to a charter school shall be certified as required by chapter 1012. A charter school governing board may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in chapter 1012, and as provided by State Board of Education rule for charter school governing boards. A charter school may not knowingly employ an individual to provide instructional services or to serve as an education paraprofessional if the individual’s certification or licensure as an educator is suspended or revoked by this or any other state. A charter school may not knowingly employ an individual who has resigned from a school district in lieu of disciplinary action with respect to child welfare or safety, or who has been dismissed for just cause by any school district with respect to child welfare or safety. The qualifications of teachers shall be disclosed to parents. (g) 1\. A charter school shall employ or contract with employees who have undergone background screening as provided in s. 1012.32. Members of the governing board of the charter school shall also undergo background screening in a manner similar to that provided in s. 1012.32. An individual may not be employed as an employee or contract personnel of a charter school or serve as a member of a charter school governing board if the individual is on the disqualification list maintained by the department pursuant to s. 1001.10(4)(b). 2\. A charter school shall prohibit educational support employees, instructional personnel, and school administrators, as defined in s. 1012.01, from employment in any position that requires direct contact with students if the employees, personnel, or administrators are ineligible for such employment under s. 1012.315 or have been terminated or have resigned in lieu of termination for sexual misconduct with a student. If the prohibited conduct occurs while employed, a charter school must report the individual and the disqualifying circumstances to the department for inclusion on the disqualification list maintained pursuant to s. 1001.10(4)(b). 3\. The governing board of a charter school shall adopt policies establishing standards of ethical conduct for educational support employees, instructional personnel, and school administrators. The policies must require all educational support employees, instructional personnel, and school administrators, as defined in s. 1012.01, to complete training on the standards; establish the duty of educational support employees, instructional personnel, and school administrators to report, and procedures for reporting, alleged misconduct that affects the health, safety, or welfare of a student; and include an explanation of the liability protections provided under ss. 39.203 and 768.095. A charter school, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed educational support employees, instructional personnel, or school administrators, or employees, personnel, or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and may not provide employees, personnel, or administrators with employment references or discuss the employees’, personnel’s, or administrators’ performance with prospective employers in another educational setting, without disclosing the employees’, personnel’s, or administrators’ misconduct. Any part of an agreement or contract that has the purpose or effect of concealing misconduct by educational support employees, instructional personnel, or school administrators which affects the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced. 4\. Before employing an individual in any position that requires direct contact with students, a charter school shall conduct employment history checks of each individual through use of the educator screening tools described in s. 1001.10(5), and document the findings. If unable to contact a previous employer, the charter school must document efforts to contact the employer. 5\. The sponsor of a charter school that knowingly fails to comply with this paragraph shall terminate the charter under subsection (8). (h) For the purposes of tort liability, the charter school, including its governing body and employees, shall be governed by s. 768.28. This paragraph does not include any for-profit entity contracted by the charter school or its governing body. (i) A charter school shall organize as, or be operated by, a nonprofit organization. A charter school may be operated by a municipality or other public entity as provided for by law. As such, the charter school may be either a private or a public employer. As a public employer, a charter school may participate in the Florida Retirement System upon application and approval as a “covered group” under s. 121.021(34). If a charter school participates in the Florida Retirement System, the charter school employees shall be compulsory members of the Florida Retirement System. As either a private or a public employer, a charter school may contract for services with an individual or group of individuals who are organized as a partnership or a cooperative. Individuals or groups of individuals who contract their services to the charter school are not public employees. **(13) CHARTER SCHOOL COOPERATIVES.—** Charter schools may enter into cooperative agreements to form charter school cooperative organizations that may provide services to further educational, operational, and administrative initiatives in which the participating charter schools share common interests. **(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION OF THE STATE AND SPONSOR; CREDIT OR TAXING POWER NOT TO BE PLEDGED.—** Any arrangement entered into to borrow or otherwise secure funds for a charter school authorized in this section from a source other than the state or a sponsor shall indemnify the state and the sponsor from any and all liability, including, but not limited to, financial responsibility for the payment of the principal or interest. Any loans, bonds, or other financial agreements are not obligations of the state or the sponsor but are obligations of the charter school authority and are payable solely from the sources of funds pledged by such agreement. The credit or taxing power of the state or the sponsor shall not be pledged and no debts shall be payable out of any moneys except those of the legal entity in possession of a valid charter approved by a sponsor pursuant to this section. **(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-A-MUNICIPALITY.—** (a) In order to increase business partnerships in education, to reduce school and classroom overcrowding throughout the state, and to offset the high costs for educational facilities construction, the Legislature intends to encourage the formation of business partnership schools or satellite learning centers and municipal-operated schools through charter school status. (b) A charter school-in-the-workplace may be established when a business partner provides the school facility to be used; enrolls students based upon a random lottery that involves all of the children of employees of that business or corporation who are seeking enrollment, as provided for in subsection (10); and enrolls students according to the racial/ethnic balance provisions described in subparagraph (7)(a)8. Any portion of a facility used for a public charter school shall be exempt from ad valorem taxes, as provided for in s. 1013.54, for the duration of its use as a public school. (c) A charter school-in-a-municipality designation may be granted to a municipality that possesses a charter; enrolls students based upon a random lottery that involves all of the children of the residents of that municipality who are seeking enrollment, as provided for in subsection (10); and enrolls students according to the racial/ethnic balance provisions described in subparagraph (7)(a)8. When a municipality has submitted charter applications for the establishment of a charter school feeder pattern, consisting of elementary, middle, and senior high schools, and each individual charter application is approved by the sponsor, such schools shall then be designated as one charter school for all purposes listed pursuant to this section. Any portion of the land and facility used for a public charter school shall be exempt from ad valorem taxes, as provided for in s. 1013.54, for the duration of its use as a public school. (d) As used in this subsection, the terms “business partner” or “municipality” may include more than one business or municipality to form a charter school-in-the-workplace or charter school-in-a-municipality. **(16) EXEMPTION FROM STATUTES.—** (a) A charter school shall operate in accordance with its charter and shall be exempt from all statutes in chapters 1000-1013. However, a charter school shall be in compliance with the following statutes in chapters 1000-1013: 1\. Those statutes specifically applying to charter schools, including this section. 2\. Those statutes pertaining to the student assessment program and school grading system. 3\. Those statutes pertaining to the provision of services to students with disabilities. 4\. Those statutes pertaining to civil rights, including s. 1000.05, relating to discrimination. 5\. Those statutes pertaining to student health, safety, and welfare. (b) Additionally, a charter school shall be in compliance with the following statutes: 1\. Section 286.011, relating to public meetings and records, public inspection, and criminal and civil penalties. 2\. Chapter 119, relating to public records. 3\. Section 1003.03, relating to the maximum class size, except that the calculation for compliance pursuant to s. 1003.03 shall be the average at the school level. 4\. Section 1012.22(1)(c), relating to compensation and salary schedules. 5\. Section 1012.33(5), relating to workforce reductions. 6\. Section 1012.335, relating to contracts with instructional personnel hired on or after July 1, 2011. 7\. Section 1012.34, relating to the substantive requirements for performance evaluations for instructional personnel and school administrators. 8\. Section 1006.12, relating to safe-school officers. 9\. Section 1006.07(7), relating to threat management teams. 10\. Section 1006.07(9), relating to School Environmental Safety Incident Reporting. 11\. Section 1006.07(10), relating to reporting of involuntary examinations. 12\. Section 1006.1493, relating to the Florida Safe Schools Assessment Tool. 13\. Section 1006.07(6)(d), relating to adopting an active assailant response plan. 14\. Section 943.082(4)(b), relating to the mobile suspicious activity reporting tool. 15\. Section 1012.584, relating to youth mental health awareness and assistance training. 16\. Section 1001.42(4)(f)2., relating to middle school and high school start times. A charter school-in-the-workplace is exempt from this requirement. (c) For purposes of subparagraphs (b)4.-7.: 1\. The duties assigned to a district school superintendent apply to charter school administrative personnel, as defined in s. 1012.01(3)(a) and (b), and the charter school governing board shall designate at least one administrative person to be responsible for such duties. 2\. The duties assigned to a district school board apply to a charter school governing board. 3\. A charter school may hire instructional personnel and other employees on an at-will basis. 4\. Notwithstanding any provision to the contrary, instructional personnel and other employees on contract may be suspended or dismissed any time during the term of the contract without cause. **(17) FUNDING.—** Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in a school district. Funding for a charter lab school shall be as provided in s. 1002.32. (a) Each charter school shall report its student enrollment to the sponsor as required in s. 1011.62 and in accordance with the definitions in s. 1011.61. The sponsor shall include each charter school’s enrollment in the sponsor’s report of student enrollment. All charter schools submitting student record information required by the Department of Education shall comply with the Department of Education’s guidelines for electronic data formats for such data, and all sponsors shall accept electronic data that complies with the Department of Education’s electronic format. (b) 1\. The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district’s operating funds from the Florida Education Finance Program as provided in s. 1011.62 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the school district’s current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; and multiplied by the weighted full-time equivalent students for the charter school. Charter schools whose students or programs meet the eligibility criteria in law are entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation, and the evidence-based reading allocation. Total funding for each charter school shall be recalculated during the year to reflect the revised calculations under the Florida Education Finance Program by the state and the actual weighted full-time equivalent students reported by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education. For charter schools operated by a not-for-profit or municipal entity, any unrestricted current and capital assets identified in the charter school’s annual financial audit may be used for other charter schools operated by the not-for-profit or municipal entity within the school district. For charter schools operated by a not-for-profit entity, any unrestricted current or capital assets identified in the charter school’s annual audit may be used for other charter schools operated by the not-for-profit entity which are located outside of the originating charter school’s school district, but within the state, through an unforgivable loan that must be repaid within 5 years to the originating charter school by the receiving charter school. Unrestricted current assets shall be used in accordance with s. 1011.62, and any unrestricted capital assets shall be used in accordance with s. 1013.62(2). 2\. a. Students enrolled in a charter school sponsored by a state university or Florida College System institution pursuant to paragraph (5)(a) shall be funded as if they are in a basic program or a special program in the school district. The basis for funding these students is the sum of the total operating funds from the Florida Education Finance Program for the school district in which the school is located as provided in s. 1011.62 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from each school district’s current operating discretionary millage levy, divided by total funded weighted full-time equivalent students in the district, and multiplied by the full-time equivalent membership of the charter school. The Department of Education shall develop a tool that each state university or Florida College System institution sponsoring a charter school shall use for purposes of calculating the funding amount for each eligible charter school student. The total amount obtained from the calculation must be appropriated from state funds in the General Appropriations Act to the charter school. b. Capital outlay funding for a charter school sponsored by a state university or Florida College System institution pursuant to paragraph (5)(a) is determined pursuant to s. 1013.62 and the General Appropriations Act. (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter schools shall receive all federal funding for which the school is otherwise eligible, including Title I funding, not later than 5 months after the charter school first opens and within 5 months after any subsequent expansion of enrollment. Unless otherwise mutually agreed to by the charter school and its sponsor, and consistent with state and federal rules and regulations governing the use and disbursement of federal funds, the sponsor shall reimburse the charter school on a monthly basis for all invoices submitted by the charter school for federal funds available to the sponsor for the benefit of the charter school, the charter school’s students, and the charter school’s students as public school students in the school district. Such federal funds include, but are not limited to, Title I, Title II, and Individuals with Disabilities Education Act (IDEA) funds. To receive timely reimbursement for an invoice, the charter school must submit the invoice to the sponsor at least 30 days before the monthly date of reimbursement set by the sponsor. In order to be reimbursed, any expenditures made by the charter school must comply with all applicable state rules and federal regulations, including, but not limited to, the applicable federal Office of Management and Budget Circulars; the federal Education Department General Administrative Regulations; and program-specific statutes, rules, and regulations. Such funds may not be made available to the charter school until a plan is submitted to the sponsor for approval of the use of the funds in accordance with applicable federal requirements. The sponsor has 30 days to review and approve any plan submitted pursuant to this paragraph. (d) Charter schools shall be included by the Department of Education and the district school board in requests for federal stimulus funds in the same manner as district school board-operated public schools, including Title I and IDEA funds and shall be entitled to receive such funds. Charter schools are eligible to participate in federal competitive grants that are available as part of the federal stimulus funds. (e) Sponsors shall make timely and efficient payment and reimbursement to charter schools, including processing paperwork required to access special state and federal funding for which they may be eligible, including the timely review and reimbursement of federal grant funds. Payments of funds under paragraph (b) shall be made monthly or twice a month, beginning with the start of the sponsor’s fiscal year. Each payment shall be one-twelfth, or one twenty-fourth, as applicable, of the total state and local funds described in paragraph (b) and adjusted as set forth therein. For the first 2 years of a charter school’s operation, if a minimum of 75 percent of the projected enrollment is entered into the sponsor’s student information system by the first day of the current month, the sponsor shall distribute funds to the school for the months of July through October based on the projected full-time equivalent student membership of the charter school as submitted in the approved application. If less than 75 percent of the projected enrollment is entered into the sponsor’s student information system by the first day of the current month, the sponsor shall base payments on the actual number of student enrollment entered into the sponsor’s student information system. Thereafter, the results of full-time equivalent student membership surveys shall be used in adjusting the amount of funds distributed monthly to the charter school for the remainder of the fiscal year. The payments shall be issued no later than 10 working days after the sponsor receives a distribution of state or federal funds or the date the payment is due pursuant to this subsection. With respect to federal grant funds submitted for reimbursement, the sponsor shall have 60 calendar days from the date of the submission to reimburse the charter school if the submission provides all the necessary information to qualify for reimbursement. If a warrant for payment is not issued within 10 working days after receipt of funding by the sponsor or within 60 calendar days after an approved submittal for reimbursement of federal grant funds, the sponsor shall pay to the charter school, in addition to the amount of the scheduled disbursement, interest at a rate of 1 percent per month calculated on a daily basis on the unpaid balance from the expiration of the 10 working days or 60 calendar days for the reimbursement of federal grant funds, until such time as the warrant is issued. The district school board may not delay payment to a charter school of any portion of the funds provided in paragraph (b) based on the timing of receipt of local funds by the district school board. (f) Funding for a virtual charter school shall be as provided in s. 1002.45(6). (g) To be eligible for public education capital outlay (PECO) funds, a charter school must be located in the State of Florida. (h) A charter school that implements a schoolwide standard student attire policy pursuant to s. 1011.78 is eligible to receive incentive payments. **(18) FACILITIES.—** (a) A startup charter school shall utilize facilities which comply with the Florida Building Code pursuant to chapter 553 except for the State Requirements for Educational Facilities. Conversion charter schools shall utilize facilities that comply with the State Requirements for Educational Facilities provided that the school district and the charter school have entered into a mutual management plan for the reasonable maintenance of such facilities. The mutual management plan shall contain a provision by which the district school board agrees to maintain charter school facilities in the same manner as its other public schools within the district. Charter schools, with the exception of conversion charter schools, are not required to comply, but may choose to comply, with the State Requirements for Educational Facilities of the Florida Building Code adopted pursuant to s. 1013.37. The local governing authority shall not adopt or impose any local building requirements or site-development restrictions, such as parking and site-size criteria, student enrollment, and occupant load, that are addressed by and more stringent than those found in the State Requirements for Educational Facilities of the Florida Building Code. A local governing authority must treat charter schools equitably in comparison to similar requirements, restrictions, and site planning processes imposed upon public schools that are not charter schools, including such provisions that are established by interlocal agreement. An interlocal agreement entered into by a school district for the development of only its own schools, including provisions relating to the extension of infrastructure, may be used by charter schools. A charter school may not be subject to any land use regulation requiring a change to a local government comprehensive plan or requiring a development order or development permit, as those terms are defined in s. 163.3164, that would not be required for a public school in the same location. The agency having jurisdiction for inspection of a facility and issuance of a certificate of occupancy or use shall be the local municipality or, if in an unincorporated area, the county governing authority. If an official or employee of the local governing authority refuses to comply with this paragraph, the aggrieved school or entity has an immediate right to bring an action in circuit court to enforce its rights by injunction. An aggrieved party that receives injunctive relief may be awarded attorney fees and court costs. (b) A charter school shall use facilities that comply with the Florida Fire Prevention Code, pursuant to s. 633.208, as adopted by the authority in whose jurisdiction the facility is located as provided in paragraph (a). (c) Any facility, or portion thereof, used to house a charter school whose charter has been approved by the sponsor and the governing board, pursuant to subsection (7), is exempt from ad valorem taxes pursuant to s. 196.1983. Any library, community service, museum, performing arts, theatre, cinema, or church facility; any facility or land owned by a Florida College System institution or university; any similar public institutional facilities; and any facility recently used to house a school or child care facility licensed under s. 402.305 may provide space to charter schools within their facilities under their preexisting zoning and land use designations without obtaining a special exception, rezoning, or a land use change. (d) Charter school facilities are exempt from assessments of fees for building permits, except as provided in s. 553.80; fees for building and occupational licenses; impact fees or exactions; service availability fees; and assessments for special benefits. (e) If a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it shall be provided for a charter school’s use on the same basis as it is made available to other public schools in the district. A charter school receiving property from the sponsor may not sell or dispose of such property without written permission of the sponsor. Similarly, for an existing public school converting to charter status, no rental or leasing fee for the existing facility or for the property normally inventoried to the conversion school may be charged by the district school board to the parents and teachers organizing the charter school. The charter school shall agree to reasonable maintenance provisions in order to maintain the facility in a manner similar to district school board standards. The Public Education Capital Outlay maintenance funds or any other maintenance funds generated by the facility operated as a conversion school shall remain with the conversion school. (f) To the extent that charter school facilities are specifically created to mitigate the educational impact created by the development of new residential dwelling units, pursuant to subparagraph (2)(c)4., a proportionate share of costs per student station of educational impact fees required to be paid in connection with the new residential dwelling units must be designated for the construction of the charter school facilities that will mitigate the student station impact, including charter school facilities described in subparagraph (10)(e)7. Such facilities shall be built to the State Requirements for Educational Facilities and shall be owned by a public or nonprofit entity. The local school district retains the right to monitor and inspect such facilities to ensure compliance with the State Requirements for Educational Facilities. If a facility ceases to be used for public educational purposes, either the facility shall revert to the school district subject to any debt owed on the facility, or the owner of the facility shall have the option to refund all educational impact fees utilized for the facility to the school district. The district and the owner of the facility may contractually agree to another arrangement for the facilities if the facilities cease to be used for educational purposes. The owner of property planned or approved for new residential dwelling units and the entity levying educational impact fees shall enter into an agreement that designates the educational impact fees that will be allocated for the charter school student stations and that ensures the timely construction of the charter school student stations concurrent with the expected occupancy of the residential units. The application for use of educational impact fees shall include an approved charter school application. To assist the school district in forecasting student station needs, the entity levying the impact fees shall notify the affected district of any agreements it has approved for the purpose of mitigating student station impact from the new residential dwelling units. Any entity contributing toward the construction of such facilities shall receive a credit toward any impact fees or exactions imposed for public educational facilities to the extent that the entity has not received a credit for such contribution pursuant to s. 163.3180(6)(h)2. (g) Each school district shall annually provide to the Department of Education as part of its 5-year work plan the number of existing vacant classrooms in each school that the district does not intend to use or does not project will be needed for educational purposes for the following school year. The department may recommend that a district make such space available to an appropriate charter school. **(19) CAPITAL OUTLAY FUNDING.—** Charter schools are eligible for capital outlay funds pursuant to ss. 1011.71(2) and 1013.62. Capital outlay funds authorized in ss. 1011.71(2) and 1013.62 which have been shared with a charter school-in-the-workplace prior to July 1, 2010, are deemed to have met the authorized expenditure requirements for such funds. **(20) SERVICES.—** (a) 1\. A sponsor shall provide certain administrative and educational services to charter schools. These services shall include contract management services; full-time equivalent and data reporting services; exceptional student education administration services; services related to eligibility and reporting duties required to ensure that school lunch services under the National School Lunch Program, consistent with the needs of the charter school, are provided by the sponsor at the request of the charter school, that any funds due to the charter school under the National School Lunch Program be paid to the charter school as soon as the charter school begins serving food under the National School Lunch Program, and that the charter school is paid at the same time and in the same manner under the National School Lunch Program as other public schools serviced by the sponsor or the school district; test administration services, including payment of the costs of state-required or district-required student assessments; processing of teacher certificate data services; and information services, including equal access to the sponsor’s student information systems that are used by public schools in the district in which the charter school is located or by schools in the sponsor’s portfolio of charter schools if the sponsor is not a school district. Student performance data for each student in a charter school, including, but not limited to, FCAT scores, standardized test scores, previous public school student report cards, and student performance measures, shall be provided by the sponsor to a charter school in the same manner provided to other public schools in the district or by schools in the sponsor’s portfolio of charter schools if the sponsor is not a school district. 2\. A sponsor shall provide training to charter schools on systems the sponsor will require the charter school to use. 3\. A sponsor may withhold an administrative fee for the provision of such services which shall be a percentage of the available funds defined in paragraph (17)(b) calculated based on weighted full-time equivalent students. If the charter school serves 75 percent or more exceptional education students as defined in s. 1003.01(9), the percentage shall be calculated based on unweighted full-time equivalent students. The administrative fee shall be calculated as follows: a. Up to 5 percent for: (I) Enrollment of up to and including 250 students in a charter school as defined in this section. (II) Enrollment of up to and including 500 students within a charter school system which meets all of the following: (A) Includes conversion charter schools and nonconversion charter schools. (B) Has all of its schools located in the same county. (C) Has a total enrollment exceeding the total enrollment of at least one school district in this state. (D) Has the same governing board for all of its schools. (E) Does not contract with a for-profit service provider for management of school operations. (III) Enrollment of up to and including 250 students in a virtual charter school. b. Up to 2 percent for enrollment of up to and including 250 students in a high-performing charter school as defined in s. 1002.331. c. Up to 2 percent for enrollment of up to and including 250 students in an exceptional student education center that meets the requirements of the rules adopted by the State Board of Education pursuant to s. 1008.3415(3). 4\. A sponsor may not charge charter schools any additional fees or surcharges for administrative and educational services in addition to the maximum percentage of administrative fees withheld pursuant to this paragraph. A sponsor may not charge or withhold any administrative fee against a charter school for any funds specifically allocated by the Legislature for teacher compensation. 5\. A sponsor shall provide to the department by September 15 of each year the total amount of funding withheld from charter schools pursuant to this subsection for the prior fiscal year. The department must include the information in the report required under sub-sub-subparagraph (5)(b)1.k.(III). 6\. A sponsor shall annually provide a report to its charter schools on what services are being rendered from the sponsor’s portion of the administrative fee. The report must include the listed services and be submitted to the department by September 15 of each year. (b) If goods and services are made available to the charter school through the contract with the sponsor, they shall be provided to the charter school at a rate no greater than the sponsor’s actual cost unless mutually agreed upon by the charter school and the sponsor in a contract negotiated separately from the charter. When mediation has failed to resolve disputes over contracted services or contractual matters not included in the charter, an appeal may be made to an administrative law judge appointed by the Division of Administrative Hearings. The administrative law judge has final order authority to rule on the dispute. The administrative law judge shall award the prevailing party reasonable attorney fees and costs incurred during the mediation process, administrative proceeding, and any appeals, to be paid by the party against whom the administrative law judge rules. To maximize the use of state funds, sponsors shall allow charter schools to participate in the sponsor’s bulk purchasing program if applicable. (c) Transportation of charter school students shall be provided by the charter school consistent with the requirements of subpart I.E. of chapter 1006 and s. 1012.45. The governing body of the charter school may provide transportation through an agreement or contract with the sponsor, a private provider, or parents. The charter school and the sponsor shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the charter school as determined in its charter. (d) Each charter school shall annually complete and submit a survey, provided in a format specified by the Department of Education, to rate the timeliness and quality of services provided by the sponsor in accordance with this section. The department shall compile the results, by sponsor, and include the results in the report required under sub-sub-subparagraph (5)(b)1.k.(III). **(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—** (a) The Department of Education shall provide information to the public, directly and through sponsors, on how to form and operate a charter school and how to enroll in a charter school once it is created. This information shall include the standard application form, standard charter and virtual charter contracts, standard evaluation instrument, and standard charter and virtual charter renewal contracts, which shall include the information specified in subsection (7) and shall be developed by consulting and negotiating with both sponsors and charter schools before implementation. The charter and virtual charter contracts and charter renewal and virtual charter renewal contracts shall be used by charter school sponsors. (b) 1\. The Department of Education shall report to each charter school receiving a school grade pursuant to s. 1008.34 or a school improvement rating pursuant to s. 1008.341 the school’s student assessment data. 2\. The charter school shall report the information in subparagraph 1. to each parent of a student at the charter school, the parent of a child on a waiting list for the charter school, the sponsor, and the governing board of the charter school. This paragraph does not abrogate the provisions of s. 1002.22, relating to student records, or the requirements of 20 U.S.C. s. 1232g, the Family Educational Rights and Privacy Act. **(22) FACILITIES SHARED BY CHARTER SCHOOLS.—** (a) If a charter school moves out of a facility that is shared with another charter school having a separate Master School Identification Number, the charter school must provide for an audit of all equipment, educational materials and supplies, curriculum materials, and other items purchased or developed with federal charter school program grant funds, and such items must be transferred to the charter school’s new location. The audit report must be submitted to the Department of Education within 60 days after completion. (b) A charter school may not transfer an enrolled student to another charter school having a separate Master School Identification Number without first obtaining the written approval of the student’s parent. **(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—** Upon receipt of the annual report required by paragraph (9)(k), the Department of Education shall provide to the State Board of Education, the Commissioner of Education, the Governor, the President of the Senate, and the Speaker of the House of Representatives an analysis and comparison of the overall performance of charter school students, to include all students whose scores are counted as part of the statewide assessment program, versus comparable public school students in the district as determined by the statewide assessment program currently administered in the school district, and other assessments administered pursuant to s. 1008.22(3). **(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—** (a) This subsection applies to charter school personnel in a charter school operated by a private entity. As used in this subsection, the term: 1\. “Charter school personnel” means a charter school owner, president, chairperson of the governing board of directors, superintendent, governing board member, principal, assistant principal, or any other person employed by the charter school who has equivalent decisionmaking authority and in whom is vested the authority, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in a charter school, including the authority as a member of a governing body of a charter school to vote on the appointment, employment, promotion, or advancement of individuals. 2\. “Relative” means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (b) Charter school personnel may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the charter school in which the personnel are serving or over which the personnel exercises jurisdiction or control any individual who is a relative. An individual may not be appointed, employed, promoted, or advanced in or to a position in a charter school if such appointment, employment, promotion, or advancement has been advocated by charter school personnel who serve in or exercise jurisdiction or control over the charter school and who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by the governing board of which a relative of the individual is a member. (c) The approval of budgets does not constitute “jurisdiction or control” for the purposes of this subsection. Charter school personnel in schools operated by a municipality or other public entity are subject to s. 112.3135. **(25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER SCHOOL SYSTEMS.—** (a) A charter school system’s governing board shall be designated a local educational agency for the purpose of receiving federal funds, the same as though the charter school system were a school district, if the governing board of the charter school system has adopted and filed a resolution with its sponsor and the Department of Education in which the governing board of the charter school system accepts the full responsibility for all local education agency requirements and the charter school system meets all of the following: 1\. Has all schools located in the same county; 2\. Has a total enrollment exceeding the total enrollment of at least one school district in this state; and 3\. Has the same governing board. (b) A charter school system’s governing board may be designated a local educational agency for the purpose of receiving federal funds for all schools within a school district that are established pursuant to s. 1008.33 and are under the jurisdiction of the governing board. The governing board must adopt and file a resolution with its sponsoring district school board and the Department of Education and accept full responsibility for all local educational agency requirements. Such designation does not apply to other provisions unless specifically provided in law. **(26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—** (a) A member of a governing board of a charter school, including a charter school operated by a private entity, is subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). (b) A member of a governing board of a charter school operated by a municipality or other public entity is subject to s. 112.3145, which relates to the disclosure of financial interests. (c) An employee of the charter school, or his or her spouse, or an employee of a charter management organization, or his or her spouse, may not be a member of the governing board of the charter school. **(27) MILITARY INSTALLATIONS.—** (a) The Legislature finds that military families face unique challenges due to the highly mobile nature of military service. Among the many challenges that military families face is providing a high-quality education for their children without disruption. The state has a compelling interest in assisting the development and enhancement of learning opportunities for military children and addressing their unique needs. (b) It is the intent of the Legislature that a framework be established to address the needs of military children who, along with their families, face unique challenges due to the highly mobile nature of military service. In establishing this framework, military installation commanders are encouraged to collaboratively work with the Commissioner of Education to increase military family student achievement, which may include the establishment of charter schools on military installations. Although the State Board of Education, through the Commissioner of Education, shall supervise this collaboration, the applicable school district shall operate and maintain control over any school that is established on the military installation. **(28) RULEMAKING.—** The Department of Education, after consultation with sponsors and charter school directors, shall recommend that the State Board of Education adopt rules to implement specific subsections of this section. Such rules shall require minimum paperwork and shall not limit charter school flexibility authorized by statute. The State Board of Education shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to implement a standard charter application form, standard application form for the replication of charter schools in a high-performing charter school system, standard evaluation instrument, standard monitoring tool, and standard charter and charter renewal contracts in accordance with this section. # 1002.331 - High-performing charter schools Effective July 1, 2022 (Last updated 2021) 1002.331 defines the processes involved to become a high-performing charter school. http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1002/Sections/1002.311.html #### 1002.331 High-performing charter schools.— **(1) A charter school is a high-performing charter school if it:** (a) 1\. Received at least two school grades of “A” and no school grade below “B,” pursuant to s. 1008.34, during each of the previous 3 school years or received at least two consecutive school grades of “A” in the most recent 2 school years for the years that the school received a grade; or 2\. Receives, during its first 3 years of operation, funding through the National Fund of the Charter School Growth Fund, and has received no school grade lower than a “C,” pursuant to s. 1008.34, during each of the previous 3 school years for the years that the school received a grade. (b) Received an unqualified opinion on each annual financial audit required under s. 218.39 in the most recent 3 fiscal years for which such audits are available. (c) Did not receive a financial audit that revealed one or more of the financial emergency conditions set forth in s. 218.503(1) in the most recent 3 fiscal years for which such audits are available. However, this requirement is deemed met for a charter school-in-the-workplace if there is a finding in an audit that the school has the monetary resources available to cover any reported deficiency or that the deficiency does not result in a deteriorating financial condition pursuant to s. 1002.345(1)(a)3. For purposes of determining initial eligibility, the requirements of paragraphs (b) and (c) only apply for the most recent 2 fiscal years if the charter school earns two consecutive grades of “A.” A virtual charter school established under s. 1002.33 is not eligible for designation as a high-performing charter school. **(2) A high-performing charter school is authorized to:** (a) Increase its student enrollment once per school year to more than the capacity identified in the charter, but student enrollment may not exceed the capacity of the facility at the time the enrollment increase will take effect. Facility capacity for purposes of expansion shall include any improvements to an existing facility or any new facility in which the students of the high-performing charter school will enroll. (b) Expand grade levels within kindergarten through grade 12 to add grade levels not already served if any annual enrollment increase resulting from grade level expansion is within the limit established in paragraph (a). (c) Submit a quarterly, rather than a monthly, financial statement to the sponsor pursuant to s. 1002.33(9)(g). (d) Consolidate under a single charter the charters of multiple high-performing charter schools operated in the same school district by the charter schools’ governing board regardless of the renewal cycle. (e) Receive a modification of its charter to a term of 15 years or a 15-year charter renewal. The charter may be modified or renewed for a shorter term at the option of the high-performing charter school. The charter must be consistent with s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual review by the sponsor, and may be terminated during its term pursuant to s. 1002.33(8). A high-performing charter school shall notify its sponsor in writing by March 1 if it intends to increase enrollment or expand grade levels the following school year. The written notice shall specify the amount of the enrollment increase and the grade levels that will be added, as applicable. If a charter school notifies the sponsor of its intent to expand, the sponsor shall modify the charter within 90 days to include the new enrollment maximum and may not make any other changes. The sponsor may deny a request to increase the enrollment of a high-performing charter school if the commissioner has declassified the charter school as high-performing. If a high-performing charter school requests to consolidate multiple charters, the sponsor shall have 40 days after receipt of that request to provide an initial draft charter to the charter school. The sponsor and charter school shall have 50 days thereafter to negotiate and notice the charter contract for final approval by the sponsor. **(3)** (a) 1\. A high-performing charter school may submit an application pursuant to s. 1002.33(6) in any school district in the state to establish and operate a new charter school that will substantially replicate its educational program. An application submitted by a high-performing charter school must state that the application is being submitted pursuant to this paragraph and must include the verification letter provided by the Commissioner of Education pursuant to subsection (4). 2\. If the sponsor fails to act on the application within 90 days after receipt, the application is deemed approved and the procedure in s. 1002.33(7) applies. (b) A high-performing charter school may submit two applications for a charter school to be opened within this state under paragraph (a) at a time determined by the high-performing charter school. A subsequent application to establish a charter school under paragraph (a) may not be submitted unless each charter school applicant commences operations or an application is otherwise withdrawn. However, a high-performing charter school may establish more than one charter school within this state under paragraph (a) in any year if it operates in the area of a persistently low-performing school and serves students from that school. This paragraph applies to any high-performing charter school with an existing approved application. **(4)** The Commissioner of Education, upon request by a charter school, shall verify that the charter school meets the criteria in subsection (1) and provide a letter to the charter school and the sponsor stating that the charter school is a high-performing charter school pursuant to this section. The commissioner shall annually determine whether a high-performing charter school under subsection (1) continues to meet the criteria in that subsection. Such high-performing charter school shall maintain its high-performing status unless the commissioner determines that the charter school no longer meets the criteria in subsection (1), at which time the commissioner shall send a letter providing notification of its declassification as a high-performing charter school. **(5)** A high-performing charter school replicated under this section may not be replicated as a virtual charter school. # 1002.332 - High-performing charter school system Effective July 1, 2022 (Last Updated 2017) 1002.332 defines the processes involved to become a high-performing charter school system. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1002/Sections/1002.332.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.332.html) #### 1002.332 High-performing charter school system.— (1) For purposes of this section, the term: (a) “Entity” means a municipality or other public entity that is authorized by law to operate a charter school; a private, nonprofit corporation with tax-exempt status under s. 501(c)(3) of the Internal Revenue Code; or a private, for-profit education management corporation. (b) “High-performing charter school system” means an entity that: 1\. Operated at least three high-performing charter schools in the state during each of the previous 3 school years; 2\. Operated a system of charter schools in which at least 50 percent of the charter schools were high-performing charter schools pursuant to s. 1002.331 and no charter school earned a school grade of “D” or “F” pursuant to s. 1008.34 in any of the previous 3 school years regardless of whether the entity currently operates the charter school, except that: a. If the entity assumed operation of a public school pursuant to s. 1008.33(4)(b)2. with a school grade of “F,” that school’s grade may not be considered in determining high-performing charter school system status for a period of 3 years. b. If the entity established a new charter school that served a student population the majority of which resided in a school zone served by a public school that earned a grade of “F” or three consecutive grades of “D” pursuant to s. 1008.34, that charter school’s grade may not be considered in determining high-performing charter school system status if it attained and maintained a school grade that was higher than that of the public school serving that school zone within 3 years after establishment; and 3\. Did not receive a financial audit that revealed one or more of the financial emergency conditions set forth in s. 218.503(1) for any charter school assumed or established by the entity in the most recent 3 fiscal years for which such audits are available. (2) (a) The Commissioner of Education shall verify all charter schools served by an entity and verify that the entity meets the criteria in this section for the previous school year and provide a letter to the entity stating that it is a high-performing charter school system. 1\. As part of the commissioner’s verification, the entity shall identify all charter schools in this state which the entity has operated or provided services for the previous 3 years, regardless of whether the entity currently operates or provides services for the charter school. For all such charter schools that the entity no longer operates, the entity shall identify the reasons the entity terminated the operation or services or grounds stated by the charter school’s governing board in terminating the operation or services of the entity. 2\. The commissioner shall annually determine whether a high-performing charter school system continues to meet the criteria in this section. A high-performing charter school system shall maintain its high-performing status unless the commissioner determines that the charter school system no longer meets the criteria in this section, at which time the commissioner shall send a letter providing notification of its declassification as a high-performing charter school system. (b) A high-performing charter school system may replicate its high-performing charter schools in any school district in the state. The applicant must submit an application using the standard application form prepared by the Department of Education which: 1\. Contains goals and objectives for improving student learning and a process for measuring student improvement. These goals and objectives must indicate how much academic improvement students are expected to demonstrate each year, how success will be evaluated, and the specific results to be attained through instruction. 2\. Contains an annual financial plan for each year requested by the charter for operation of the school for up to 5 years. This plan must contain anticipated fund balances based on revenue projections, a spending plan based on projected revenue and expenses, and a description of controls that will safeguard finances and projected enrollment trends. 3\. Discloses the name of each applicant, governing board member, and all proposed education services providers; the name and sponsor of any charter school operated by each applicant, each governing board member, and each proposed education services provider that has closed and the reasons for the closure; and the academic and financial history of such charter schools, which the sponsor shall consider when deciding whether to approve or deny the application. (c) An application submitted by a high-performing charter school system must state that the application is being submitted pursuant to this section and must include the verification letter provided by the Commissioner of Education pursuant to this subsection. If the sponsor fails to act on the application within 90 days after receipt, the application is deemed approved and the procedure in s. 1002.33(7) applies. # 1013.62 - Charter schools capital outlay funding Effective July 1, 2023 (Last Updated 2023) The following statutes identify schools who are eligible for capital outlay funds and what the funds can be used for. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1013/Sections/1013.62.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1013/Sections/1013.62.html) #### 1013.62 Charter schools capital outlay funding.— (1) Charter school capital outlay funding shall consist of state funds when such funds are appropriated in the General Appropriations Act and revenue resulting from the discretionary millage authorized in s. 1011.71(2). (a) To be eligible to receive capital outlay funds, a charter school must: 1\. a. Have been in operation for 2 or more years; b. Be governed by a governing board established in the state for 2 or more years which operates both charter schools and conversion charter schools within the state; c. Be an expanded feeder chain of a charter school within the same school district that is currently receiving charter school capital outlay funds; d. Have been accredited by a regional accrediting association as defined by State Board of Education rule; e. Serve students in facilities that are provided by a business partner for a charter school-in-the-workplace pursuant to s. 1002.33(15)(b); or f. Be operated by a hope operator pursuant to s. 1002.333. 2\. Have an annual audit that does not reveal any of the financial emergency conditions provided in s. 218.503(1) for the most recent fiscal year for which such audit results are available. 3\. Have not earned two consecutive grades of “F,” three consecutive grades below a “C,” or two consecutive school improvement ratings of “Unsatisfactory.” 4\. Have received final approval from its sponsor pursuant to s. 1002.33 for operation during that fiscal year. 5\. Serve students in facilities that are not provided by the charter school’s sponsor. 6\. Attest in writing to the department that if the charter school is nonrenewed or terminated, any unencumbered funds and all equipment and property purchased with public funds shall revert pursuant to subsection (5). (b) A charter school is not eligible to receive capital outlay funds if: 1\. It was created by the conversion of a public school and operates in facilities provided by the charter school’s sponsor for a nominal fee, or at no charge, or if it is directly or indirectly operated by the school district; 2\. It is a developmental research (laboratory) school that receives state funding for capital improvement purposes pursuant to s. 1002.32(9)(e); or 3\. A member of the governing board, or his or her family member as defined in s. 440.13(1)(b), has an interest in or is an employee of the lessor, excluding charter schools operating pursuant to s. 1002.33(15). (2) The department shall use the following calculation methodology to allocate state funds appropriated in the General Appropriations Act to eligible charter schools: (a) Divide the state appropriation for charter school capital outlay by the total FTE for all eligible charter schools to determine the base charter school per FTE allocation amount. The base charter school per FTE allocation amount shall be multiplied by the FTE of each charter school to determine each charter school’s capital outlay allocation. (b) Funds shall be allocated using full-time equivalent membership from the second and third enrollment surveys. The department shall recalculate the allocations periodically based on the receipt of revised information, on a schedule established by the Commissioner of Education. (c) The department shall distribute capital outlay funds monthly, beginning in the first quarter of the fiscal year, based on one-twelfth of the amount the department reasonably expects the charter school to receive during that fiscal year. The commissioner shall adjust subsequent distributions as necessary to reflect each charter school’s recalculated allocation. (3) If the school board levies the discretionary millage authorized in s. 1011.71(2), the department shall use the following calculation methodology to determine the amount of revenue that a school district must distribute to each eligible charter school: (a) Reduce the total discretionary millage revenue by the school district’s annual debt service obligation incurred as of March 1, 2017, which has not been subsequently retired, and any amount of participation requirement pursuant to s. 1013.64(2)(a)8. that is being satisfied by revenues raised by the discretionary millage. (b) Divide the school district’s adjusted discretionary millage revenue by the district’s total capital outlay full-time equivalent membership and the total number of full-time equivalent students of each eligible charter school to determine a capital outlay allocation per full-time equivalent student. (c) Multiply the capital outlay allocation per full-time equivalent student by the total number of full-time equivalent students of each eligible charter school to determine the capital outlay allocation for each charter school. (d) If applicable, reduce the capital outlay allocation identified in paragraph (c) by the total amount of state funds allocated to each eligible charter school in subsection (2) to determine the maximum calculated capital outlay allocation. The amount of funds a school district must distribute to charter schools shall be as follows: 1\. For fiscal year 2023-2024, the amount is 20 percent of the amount calculated under this paragraph. 2\. For fiscal year 2024-2025, the amount is 40 percent of the amount calculated under this paragraph. 3\. For fiscal year 2025-2026, the amount is 60 percent of the amount calculated under this paragraph. 4\. For fiscal year 2026-2027, the amount is 80 percent of the amount calculated under this paragraph. 5\. For fiscal year 2027-2028, and each fiscal year thereafter, the amount is 100 percent of the amount calculated under this paragraph. (e) School districts shall distribute capital outlay funds to eligible charter schools no later than February 1 of each year, as required by this subsection, based on the amount of funds received by the district school board. School districts shall distribute any remaining capital outlay funds, as required by this subsection, upon the receipt of such funds until the total amount calculated pursuant to this subsection is distributed. By October 1 of each year, each school district shall certify to the department the amount of debt service and participation requirement that complies with the requirement of paragraph (a) and can be reduced from the total discretionary millage revenue. The Auditor General shall verify compliance with the requirements of paragraph (a) and s. 1011.71(2)(e) during scheduled operational audits of school districts. (4) A charter school’s governing body may use charter school capital outlay funds for the following purposes: (a) Purchase of real property. (b) Construction of school facilities. (c) Purchase, lease-purchase, or lease of permanent or relocatable school facilities. (d) Purchase of vehicles to transport students to and from the charter school. (e) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of 5 years or longer. (f) Payment of the cost of premiums for property and casualty insurance necessary to insure the school facilities. (g) Purchase, lease-purchase, or lease of driver’s education vehicles; motor vehicles used for the maintenance or operation of plants and equipment; security vehicles; or vehicles used in storing or distributing materials and equipment. (h) Purchase, lease-purchase, or lease of computer and device hardware and operating system software necessary for gaining access to or enhancing the use of electronic and digital instructional content and resources; and enterprise resource software applications that are classified as capital assets in accordance with definitions of the Governmental Accounting Standards Board, have a useful life of at least 5 years, and are used to support schoolwide administration or state-mandated reporting requirements. Enterprise resource software may be acquired by annual license fees, maintenance fees, or lease agreement. (i) Payment of the cost of the opening day collection for the library media center of a new school. Any purchase, lease-purchase, or lease made pursuant to this subsection must be at the appraised value. For purposes of this subsection, the term “appraised value” means the fair market value as determined by an independent, Florida-licensed, qualified appraiser selected by the governing board. Documentation of the appraised value shall be provided to the department upon its request. Conversion charter schools may use capital outlay funds received through the reduction in the administrative fee provided in s. 1002.33(20) for renovation, repair, and maintenance of school facilities that are owned by the sponsor. (5) If a charter school is nonrenewed or terminated, any unencumbered funds and all equipment and property purchased with district public funds shall revert to the ownership of the district school board, as provided for in s. 1002.33(8)(d) and (e). In the case of a charter lab school, any unencumbered funds and all equipment and property purchased with university public funds shall revert to the ownership of the state university that issued the charter. The reversion of such equipment, property, and furnishings shall focus on recoverable assets, but not on intangible or irrecoverable costs such as rental or leasing fees, normal maintenance, and limited renovations. The reversion of all property secured with public funds is subject to the complete satisfaction of all lawful liens or encumbrances. If there are additional local issues such as the shared use of facilities or partial ownership of facilities or property, these issues shall be agreed to in the charter contract prior to the expenditure of funds. (6) The Commissioner of Education shall specify procedures for submitting and approving requests for funding under this section and procedures for documenting expenditures. (7) The annual legislative budget request of the Department of Education shall include a request for capital outlay funding for charter schools. The request shall be based on the projected number of students to be served in charter schools who meet the eligibility requirements of this section. # Florida Statutes - Governance Statutes # 112.313 - Standards of conduct for public officers, employees of agencies, and local government attorneys Effective July 1, 2023 (Last Updated in 2023) The following statutes apply to the governing board of charter schools. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0100-0199/0112/Sections/0112.313.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0112/Sections/0112.313.html) #### 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.— **(1) DEFINITION.—** As used in this section, unless the context otherwise requires, the term “public officer” includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. **(2) SOLICITATION OR ACCEPTANCE OF GIFTS.—** No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby. **(3) DOING BUSINESS WITH ONE’S AGENCY.—** No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer’s or employee’s spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer’s or employee’s spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer’s or employee’s own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator’s place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to: (a) October 1, 1975. (b) Qualification for elective office. (c) Appointment to public office. (d) Beginning public employment. **(4) UNAUTHORIZED COMPENSATION.—** No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity. **(5) SALARY AND EXPENSES.—** No public officer shall be prohibited from voting on a matter affecting his or her salary, expenses, or other compensation as a public officer, as provided by law. No local government attorney shall be prevented from considering any matter affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law. **(6) MISUSE OF PUBLIC POSITION.—** No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. **(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—** (a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. 1\. When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency is not prohibited by this subsection 1or deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section, including conduct that violates subsections (6) and (8), is deemed a conflict of interest in violation of the standards of conduct set forth by this section. 2\. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict. (b) This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance. **(8) DISCLOSURE OR USE OF CERTAIN INFORMATION.—** A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. **(9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.—** (a) 1\. It is the intent of the Legislature to implement by statute the provisions of s. 8(e), Art. II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, and designated public employees. 2\. As used in this paragraph: a. “Employee” means: (I) Any person employed in the executive or legislative branch of government holding a position in the Senior Management Service as defined in s. 110.402 or any person holding a position in the Selected Exempt Service as defined in s. 110.602 or any person having authority over policy or procurement employed by the Department of the Lottery. (II) The Auditor General, the director of the Office of Program Policy Analysis and Government Accountability, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and Clerk of the House of Representatives. (III) The executive director and deputy executive director of the Commission on Ethics. (IV) An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a contractual basis, having the power normally conferred upon such persons, by whatever title. (V) The Chancellor and Vice Chancellors of the State University System; the general counsel to the Board of Governors of the State University System; and the president, provost, vice presidents, and deans of each state university. (VI) Any person, including an other-personal-services employee, having the power normally conferred upon the positions referenced in this sub-subparagraph. b. “Appointed state officer” means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state government whose powers, jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relative to its internal operations. c. “State agency” means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control. 3\. a. No member of the Legislature, appointed state officer, or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of 2 years following vacation of office. No member of the Legislature shall personally represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the filing of a lawsuit. b. For a period of 2 years following vacation of office, a former member of the Legislature may not act as a lobbyist for compensation before an executive branch agency, agency official, or employee. The terms used in this sub-subparagraph have the same meanings as provided in s. 112.3215. 4\. An agency employee, including an agency employee who was employed on July 1, 2001, in a Career Service System position that was transferred to the Selected Exempt Service System under chapter 2001-43, Laws of Florida, may not personally represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, unless employed by another agency of state government. 5\. Any person violating this paragraph shall be subject to the penalties provided in s. 112.317 and a civil penalty of an amount equal to the compensation which the person receives for the prohibited conduct. 6\. This paragraph is not applicable to: a. A person employed by the Legislature or other agency prior to July 1, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on July 1, 1989; c. A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; d. A person who has reached normal retirement age as defined in s. 121.021(29), and who has retired under the provisions of chapter 121 by July 1, 1991; or e. Any appointed state officer whose term of office began before January 1, 1995, unless reappointed to that office on or after January 1, 1995. (b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Legislature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith. **(10) EMPLOYEES HOLDING OFFICE.—** (a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer. (b) The provisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office. **(11) PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.—** No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. **(12) EXEMPTION.—** The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after public hearing, by a determination by the appointing person and full disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if: (a) Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among all qualified suppliers of the goods or services within the city or county. (b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: 1\. The official or the official’s spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; 2\. The official or the official’s spouse or child has in no way used or attempted to use the official’s influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and 3\. The official, prior to or at the time of the submission of the bid, has filed a statement with the Commission on Ethics, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of a political subdivision, disclosing the official’s interest, or the interest of the official’s spouse or child, and the nature of the intended business. (c) The purchase or sale is for legal advertising in a newspaper, for any utilities service, or for passage on a common carrier. (d) An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof. (e) The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the business entity to the governing body of the political subdivision prior to the purchase, rental, sale, leasing, or other business being transacted. (f) The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $500 per calendar year. (g) The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such public board or body, provided it appears in the records of the agency that the governing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks. (h) The transaction is made pursuant to s. 1004.22 or s. 1004.23 and is specifically approved by the president and the chair of the university board of trustees. The chair of the university board of trustees shall submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year. (i) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. (j) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: 1\. The price and terms of the transaction are available to similarly situated members of the general public; and 2\. The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. **(13) COUNTY AND MUNICIPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.—** The governing body of any county or municipality may adopt an ordinance and the governing body of any special district or school district may adopt a resolution providing that an appointed county, municipal, special district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution. **(14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.—** A person who has been elected to any county, municipal, special district, or school district office or appointed superintendent of a school district may not personally represent another person or entity for compensation before the government body or agency of which the person was an officer for a period of 2 years after vacating that office. For purposes of this subsection: (a) The “government body or agency” of a member of a board of county commissioners consists of the commission, the chief administrative officer or employee of the county, and their immediate support staff. (b) The “government body or agency” of any other county elected officer is the office or department headed by that officer, including all subordinate employees. (c) The “government body or agency” of an elected municipal officer consists of the governing body of the municipality, the chief administrative officer or employee of the municipality, and their immediate support staff. (d) The “government body or agency” of an elected special district officer is the special district. (e) The “government body or agency” of an elected school district officer is the school district. **(15) ADDITIONAL EXEMPTION.—** No elected public officer shall be held in violation of subsection (7) if the officer maintains an employment relationship with an entity which is currently a tax-exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or otherwise enters into a business relationship with the officer’s agency and: (a) The officer’s employment is not directly or indirectly compensated as a result of such contract or business relationship; (b) The officer has in no way participated in the agency’s decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and (c) The officer abstains from voting on any matter which may come before the agency involving the officer’s employer, publicly states to the assembly the nature of the officer’s interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s. 112.3143. **(16) LOCAL GOVERNMENT ATTORNEYS.—** (a) For the purposes of this section, “local government attorney” means any individual who routinely serves as the attorney for a unit of local government. The term shall not include any person who renders legal services to a unit of local government pursuant to contract limited to a specific issue or subject, to specific litigation, or to a specific administrative proceeding. For the purposes of this section, “unit of local government” includes, but is not limited to, municipalities, counties, and special districts. (b) It shall not constitute a violation of subsection (3) or subsection (7) for a unit of local government to contract with a law firm, operating as either a partnership or a professional association, or in any combination thereof, or with a local government attorney who is a member of or is otherwise associated with the law firm, to provide any or all legal services to the unit of local government, so long as the local government attorney is not a full-time employee or member of the governing body of the unit of local government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shall apply to any person who serves as a local government attorney. (c) No local government attorney or law firm in which the local government attorney is a member, partner, or employee shall represent a private individual or entity before the unit of local government to which the local government attorney provides legal services. A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the law firm of the local government attorney to complete legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney’s law firm to be completed for the unit of local government. **(17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.—** No citizen member of the Board of Governors of the State University System, nor any citizen member of a board of trustees of a local constituent university, shall have or hold any employment or contractual relationship as a legislative lobbyist requiring annual registration and reporting pursuant to s. 11.045. # 112.3143 - Voting conflicts Effective July 1, 2022 (Last Updated in 2013) The following statutes are regarding conflicts of interests for Board members as they vote on issues. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0100-0199/0112/Sections/0112.3143.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0112/Sections/0112.3143.html) #### 112.3143 Voting conflicts.— (1) As used in this section: (a) “Principal by whom retained” means an individual or entity, other than an agency as defined in s. 112.312(2), that for compensation, salary, pay, consideration, or similar thing of value, has permitted or directed another to act for the individual or entity, and includes, but is not limited to, one’s client, employer, or the parent, subsidiary, or sibling organization of one’s client or employer. (b) “Public officer” includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (c) “Relative” means any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. (d) “Special private gain or loss” means an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists: 1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. The degree to which there is uncertainty at the time of the vote as to whether there would be any economic benefit or harm to the public officer, his or her relative, business associate, or principal and, if so, the nature or degree of the economic benefit or harm must also be considered. (2) (a) A state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss. Any state public officer who abstains from voting in an official capacity upon any measure that the officer knows would inure to the officer’s special private gain or loss, or who votes in an official capacity on a measure that he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained other than an agency as defined in s. 112.312(2); or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer, shall make every reasonable effort to disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. If it is not possible for the state public officer to file a memorandum before the vote, the memorandum must be filed with the person responsible for recording the minutes of the meeting no later than 15 days after the vote. (b) A member of the Legislature may satisfy the disclosure requirements of this section by filing a disclosure form created pursuant to the rules of the member’s respective house if the member discloses the information required by this subsection. (3) (a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer’s interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer’s special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. (a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term “participate” means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer’s direction. (5) If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. (6) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. # 112.3144 - Full and public disclosure of financial interests Effective July 1, 2023 (Last Updated in 2023) The following statutes are regarding public disclosure of financial interest, but only apply to charters who are operated by a public entity, such as a municipal charter. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0100-0199/0112/Sections/0112.3144.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0112/Sections/0112.3144.html) #### 112.3144 Full and public disclosure of financial interests.— (1) (a) An officer who is required by s. 8, Art. II of the State Constitution to file a full and public disclosure of his or her financial interests for any calendar or fiscal year, or any other person required by law to file a disclosure under this section, shall file that disclosure with the Florida Commission on Ethics. Additionally, an officer who is required to complete annual ethics training pursuant to s. 112.3142 must certify on his or her full and public disclosure of financial interests that he or she has completed the required training. (b) A member of an expressway authority, transportation authority, bridge authority, toll authority, or expressway agency created pursuant to chapter 343, chapter 348, or any other general law shall comply with the applicable financial disclosure requirements of s. 8, Art. II of the State Constitution. (c) Each member of the governing body of a large-hub commercial service airport, except for members required to comply with the financial disclosure requirements of s. 8, Art. II of the State Constitution, shall comply with the financial disclosure requirements of s. 112.3145(3). For purposes of this paragraph, the term “large-hub commercial service airport” means a publicly owned airport that has at least 1 percent of the annual passenger boardings in the United States as reported by the Federal Aviation Administration. (d) Beginning January 1, 2024, the following local officers must comply with the financial disclosure requirements of s. 8, Art. II of the State Constitution and this section: 1\. Mayors. 2\. Elected members of the governing body of a municipality. (e) Beginning January 1, 2024, each member of the Commission on Ethics must comply with the financial disclosure requirements of s. 8, Art. II of the State Constitution and this section. (2) Beginning January 1, 2022, all disclosures filed with the commission must be filed electronically through an electronic filing system that is created and maintained by the commission as provided in s. 112.31446. (3) A person who is required, pursuant to s. 8, Art. II of the State Constitution, to file a full and public disclosure of financial interests and who has filed a full and public disclosure of financial interests for any calendar or fiscal year is not required to file a statement of financial interests pursuant to s. 112.3145(2) and (3) for the same year or for any part thereof notwithstanding any requirement of this part. Until the electronic filing system required by subsection (2) is implemented, if an incumbent in an elective office has filed the full and public disclosure of financial interests to qualify for election to the same office or if a candidate for office holds another office subject to the annual filing requirement, the qualifying officer shall forward an electronic copy of the full and public disclosure of financial interests to the commission no later than July 1. The electronic copy of the full and public disclosure of financial interests satisfies the annual disclosure requirement of this section. A candidate who does not qualify until after the annual full and public disclosure of financial interests has been filed pursuant to this section shall file a copy of his or her disclosure with the officer before whom he or she qualifies. (4) Beginning January 1, 2022, an incumbent in an elective office or a candidate holding another position subject to an annual filing requirement may submit a copy of the full and public disclosure of financial interests filed with the commission, or a verification or receipt of the filing, with the officer before whom he or she qualifies. A candidate not subject to an annual filing requirement does not file with the commission, but may complete and print a full and public disclosure of financial interests to file with the officer before whom he or she qualifies. (5) For purposes of full and public disclosure under s. 8(a), Art. II of the State Constitution, the following items, if not held for investment purposes and if valued at over $1,000 in the aggregate, may be reported in a lump sum and identified as “household goods and personal effects”: (a) Jewelry; (b) Collections of stamps, guns, and numismatic properties; (c) Art objects; (d) Household equipment and furnishings; (e) Clothing; (f) Other household items; and (g) Vehicles for personal use. (6) (a) With respect to reporting, assets valued in excess of $1,000 which the reporting individual holds jointly with another person, the amount reported shall be based on the reporting individual’s legal percentage of ownership in the property. However, assets that are held jointly, with right of survivorship, must be reported at 100 percent of the value of the asset. For purposes of this subsection, a reporting individual is deemed to own a percentage of a partnership which is equal to the reporting individual’s interest in the capital or equity of the partnership. (b) 1\. With respect to reporting liabilities valued in excess of $1,000 for which the reporting individual is jointly and severally liable, the amount reported shall be based on the reporting individual’s percentage of liability rather than the total amount of the liability. However, liability for a debt that is secured by property owned by the reporting individual but that is held jointly, with right of survivorship, must be reported at 100 percent of the total amount owed. 2\. A separate section of the form shall be created to provide for the reporting of the amounts of joint and several liability of the reporting individual not otherwise reported in subparagraph 1. (c) Each separate source and amount of income which exceeds $1,000 must be identified. For the purpose of a filer reporting income, the commission shall accept federal income tax returns. If a filer submits a federal income tax return for the purpose of reporting income, he or she must also include all attachments and schedules associated with such federal income tax return. (7) (a) Beginning January 1, 2023, a filer may not include in a filing to the commission a social security number; a bank, mortgage, or brokerage account number; a debit, charge, or credit card number; a personal identification number; or a taxpayer identification number. If a filer includes such information in his or her filing, the information may be made available as part of the official records of the commission available for public inspection and copying unless redaction is requested by the filer. The commission is not liable for the release of social security numbers or bank account, debit, charge, or credit card numbers included in a filing to the commission if the filer has not requested redaction of such information. (b) The commission shall redact a filer’s social security number; bank account number; debit, charge, or credit card number; or any other personal or account information that is legally protected from disclosure under state or federal law upon written notification from the filer of its inadvertent inclusion. Such notice must specify the information inadvertently included and the specific section or sections of the disclosure in which it was included. (c) The commission must conspicuously post a notice, in substantially the following form, in the instructions for the electronic filing system specifying that: 1\. Any filer submitting information through the electronic filing system may not include a social security number; a bank, mortgage, or brokerage account number; a debit, charge, or credit card number; a personal identification number; or a taxpayer identification number in any filing unless required by law. 2\. Information submitted through the electronic filing system may be open to public inspection and copying. 3\. Any filer has a right to request that the commission redact from his or her filing any social security number; bank account number; or debit, charge, or credit card number contained in the filing. Such request must be made in writing and delivered to the commission. The request must specify the information to be redacted and the specific section or sections of the disclosure in which it was included. (8) Forms or fields of information for compliance with the full and public disclosure requirements of s. 8, Art. II of the State Constitution must be prescribed by the commission. The commission shall allow a filer to include attachments or other supporting documentation when filing a disclosure. The commission shall give notice of disclosure deadlines and delinquencies and distribute forms in the following manner: (a) Not later than May 1 of each year, the commission shall prepare a current list of the names, e-mail addresses, and physical addresses of and the offices held by every person required to file full and public disclosure annually by s. 8, Art. II of the State Constitution, or other state law. Each unit of government shall assist the commission in compiling the list by providing to the commission not later than February 1 of each year the name, e-mail address, physical address, and name of the office held by such person within the respective unit of government as of December 31 of the preceding year. (b) Not later than June 1 of each year, the commission shall notify by e-mail all persons required to file a full and public disclosure of financial interests of all of the following: 1\. All applicable filing deadlines for completing and filing the full and public disclosure of financial interests prescribed under subsection (3) on the electronic filing system. 2\. Instructions on how to complete and file the full and public disclosure of financial interests as prescribed by subsection (3) on the electronic filing system, or where to access such instructions. Beginning January 1, 2023, paper forms may not be provided and persons required to file a full and public disclosure of financial interests must complete and file their disclosures on the electronic filing system pursuant to subsection (2). (c) Not later than August 1 of each year, the commission shall determine which persons on the list have failed to file full and public disclosure and shall send delinquency notices to such persons. Each notice must state that a grace period is in effect until September 1 of the current year. The notice required under this paragraph must be delivered by e-mail and must be redelivered on a weekly basis by e-mail as long as a person remains delinquent. (d) Disclosures must be received by the commission not later than 11:59 p.m. of the due date. Beginning January 1, 2023, upon request of the filer, the commission must provide verification to the filer that the commission has received the filed disclosure. (e) Beginning January 1, 2023, a written declaration, as provided for under s. 92.525(2), accompanied by an electronic signature satisfies the requirement that the disclosure be sworn. (f) Any person who is required to file full and public disclosure of financial interests and whose name is on the commission’s list, and to whom notice has been sent, but who fails to timely file is assessed a fine of $25 per day for each day late up to a maximum of $1,500; however this $1,500 limitation on automatic fines does not limit the civil penalty that may be imposed if the statement is filed more than 60 days after the deadline and a complaint is filed, as provided in s. 112.324. The commission must provide by rule the grounds for waiving the fine and the procedures by which each person whose name is on the list and who is determined to have not filed in a timely manner will be notified of assessed fines and may appeal. The rule must provide for and make specific that the amount of the fine due is based upon when the disclosure is filed on the electronic filing system created and maintained by the commission as provided in s. 112.31446. 1\. Upon receipt of the disclosure statement or upon accrual of the maximum penalty, whichever occurs first, the commission shall determine the amount of the fine which is due and shall notify the delinquent person. The notice must include an explanation of the appeal procedure under subparagraph 2. Such fine must be paid within 30 days after the notice of payment due is transmitted, unless appeal is made to the commission pursuant to subparagraph 2. The moneys shall be deposited into the General Revenue Fund. 2\. Any reporting person may appeal or dispute a fine, based upon unusual circumstances surrounding the failure to file on the designated due date, and may request and is entitled to a hearing before the commission, which may waive the fine in whole or in part for good cause shown. Any such request must be in writing and received by the commission within 30 days after the notice of payment due is transmitted. In such a case, the reporting person must, within the 30-day period, notify the person designated to review the timeliness of reports in writing of his or her intention to bring the matter before the commission. For purposes of this subparagraph, “unusual circumstances” does not include the failure to monitor an e-mail account or failure to receive notice if the person has not notified the commission of a change in his or her e-mail address. (g) Any person subject to the annual filing of full and public disclosure under s. 8, Art. II of the State Constitution, or other state law, whose name is not on the commission’s list of persons required to file full and public disclosure is not subject to the fines or penalties provided in this part for failure to file full and public disclosure in any year in which the omission occurred, but nevertheless is required to file the disclosure statement. (h) The notification requirements and fines of this subsection do not apply to candidates or to the first filing required of any person appointed to elective constitutional office or other position required to file full and public disclosure, unless the person’s name is on the commission’s notification list and the person received notification from the commission. The appointing official shall notify such newly appointed person of the obligation to file full and public disclosure by July 1. The notification requirements and fines of this subsection do not apply to the final filing provided for in subsection (10). (i) Notwithstanding any provision of chapter 120, any fine imposed under this subsection which is not waived by final order of the commission and which remains unpaid more than 60 days after the notice of payment due or more than 60 days after the commission renders a final order on the appeal must be submitted to the Department of Financial Services as a claim, debt, or other obligation owed to the state, and the department shall assign the collection of such fine to a collection agent as provided in s. 17.20. (9) If a person holding public office or public employment fails or refuses to file a full and public disclosure of financial interests for any year in which the person received notice from the commission regarding the failure to file and has accrued the maximum automatic fine authorized under this section, regardless of whether the fine imposed was paid or collected, the commission shall initiate an investigation and conduct a public hearing without receipt of a complaint to determine whether the person’s failure to file is willful. Such investigation and hearing must be conducted in accordance with s. 112.324. Except as provided in s. 112.324(4), if the commission determines that the person willfully failed to file a full and public disclosure of financial interests, the commission shall enter an order recommending that the officer or employee be removed from his or her public office or public employment. The commission shall forward its recommendations as provided in s. 112.324. (10) Each person required to file full and public disclosure of financial interests shall file a final disclosure statement within 60 days after leaving his or her public position for the period between January 1 of the year in which the person leaves and the last day of office or employment, unless within the 60-day period the person takes another public position requiring financial disclosure under s. 8, Art. II of the State Constitution, or is otherwise required to file full and public disclosure for the final disclosure period. The head of the agency of each person required to file full and public disclosure for the final disclosure period shall notify such persons of their obligation to file the final disclosure and may designate a person to be responsible for the notification requirements of this subsection. When an elected local officer specified in paragraph (1)(d) leaves office before the expiration of his or her term, any individual appointed to replace such officer for the remainder of that term must file a full and public disclosure of financial interests annually thereafter for the remainder of his or her term in office. (11) (a) The commission shall treat an amendment to a full and public disclosure of financial interests which is filed before September 1 of the year in which the disclosure is due as part of the original filing, regardless of whether a complaint has been filed. If a complaint alleges only an immaterial, inconsequential, or de minimis error or omission, the commission may not take any action on the complaint other than notifying the filer of the complaint. The filer must be given 30 days to file an amendment to the full and public disclosure of financial interests correcting any errors. If the filer does not file an amendment to the full and public disclosure of financial interests within 30 days after the commission sends notice of the complaint, the commission may continue with proceedings pursuant to s. 112.324. (b) For purposes of the final full and public disclosure of financial interests, the commission shall treat an amendment to a new final full and public disclosure of financial interests as part of the original filing if filed within 60 days after the original filing, regardless of whether a complaint has been filed. If, more than 60 days after a final full and public disclosure of financial interests is filed, a complaint is filed alleging a complete omission of any information required to be disclosed by this section, the commission may immediately follow the complaint procedures in s. 112.324. However, if the complaint alleges an immaterial, inconsequential, or de minimis error or omission, the commission may not take any action on the complaint, other than notifying the filer of the complaint. The filer must be given 30 days to file an amendment to the new final full and public disclosure of financial interests correcting any errors. If the filer does not file an amendment to the new final full and public disclosure of financial interests within 30 days after the commission sends notice of the complaint, the commission may continue with proceedings pursuant to s. 112.324. (c) For purposes of this section, an error or omission is immaterial, inconsequential, or de minimis if the original filing provided sufficient information for the public to identify potential conflicts of interest. However, failure to certify completion of annual ethics training required under s. 112.3142 does not constitute an immaterial, inconsequential, or de minimis error or omission. (12) (a) An individual required to file a disclosure pursuant to this section may have the disclosure prepared by an attorney in good standing with The Florida Bar or by a certified public accountant licensed under chapter 473. After preparing a disclosure form, the attorney or certified public accountant must sign the form indicating that he or she prepared the form in accordance with this section and the instructions for completing and filing the disclosure forms and that, upon his or her reasonable knowledge and belief, the disclosure is true and correct. If a complaint is filed alleging a failure to disclose information required by this section, the commission shall determine whether the information was disclosed to the attorney or certified public accountant. The failure of the attorney or certified public accountant to accurately transcribe information provided by the individual required to file is not a violation of this section. (b) An elected officer or candidate who chooses to use an attorney or a certified public accountant to prepare his or her disclosure may pay for the services of the attorney or certified public accountant from funds in an office account created pursuant to s. 106.141 or, during a year that the individual qualifies for election to public office, the candidate’s campaign depository pursuant to s. 106.021. (13) The commission shall adopt rules and forms specifying how a person who is required to file full and public disclosure of financial interests may amend his or her disclosure statement to report information that was not included on the form as originally filed. If the amendment is the subject of a complaint filed under this part, the commission and the proper disciplinary official or body shall consider as a mitigating factor when considering appropriate disciplinary action the fact that the amendment was filed before any complaint or other inquiry or proceeding, while recognizing that the public was deprived of access to information to which it was entitled. (14) The provisions of this section constitute a revision to the schedule included in s. 8(i), Art. II of the State Constitution. # 119 - Public Records Effective July 1, 2022 (Last Updated 2021) The charter school statute specifically states that charter schools are required to abide by section 119, relating to public records. Chapter 119 is significantly longer than what has been included below, only those sections most applicable to charters were included. Be sure to review the entire chapter if you have specific questions about the statute. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=0100-0199/0119/0119.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119.html) #### 119.01 General state policy on public records.— (1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency. (2) (a) Automation of public records must not erode the right of access to those records. As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law. (b) When designing or acquiring an electronic recordkeeping system, an agency must consider whether such system is capable of providing data in some common format such as, but not limited to, the American Standard Code for Information Interchange. (c) An agency may not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of the agency, including public records that are online or stored in an electronic recordkeeping system used by the agency. (d) Subject to the restrictions of copyright and trade secret laws and public records exemptions, agency use of proprietary software must not diminish the right of the public to inspect and copy a public record. (e) Providing access to public records by remote electronic means is an additional method of access that agencies should strive to provide to the extent feasible. If an agency provides access to public records by remote electronic means, such access should be provided in the most cost-effective and efficient manner available to the agency providing the information. (f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure. An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter. For the purpose of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, must be in accordance with s. 119.07(4). (3) If public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of that person, corporation, foundation, trust, association, group, or other organization which pertain to the public agency are public records and subject to the provisions of s. 119.07. #### #### 119.011 Definitions.—As used in this chapter, the term: (1) “Actual cost of duplication” means the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication. (2) “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. (3) (a) “Criminal intelligence information” means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. (b) “Criminal investigative information” means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. (c) “Criminal intelligence information” and “criminal investigative information” shall not include: 1\. The time, date, location, and nature of a reported crime. 2\. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.071(2)(h) or (o). 3\. The time, date, and location of the incident and of the arrest. 4\. The crime charged. 5\. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h) or (m), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would: a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and b. Impair the ability of a state attorney to locate or prosecute a codefendant. 6\. Informations and indictments except as provided in s. 905.26. (d) The word “active” shall have the following meaning: 1\. Criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities. 2\. Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future. In addition, criminal intelligence and criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. The word “active” shall not apply to information in cases which are barred from prosecution under the provisions of s. 775.15 or other statute of limitation. (4) “Criminal justice agency” means: (a) Any law enforcement agency, court, or prosecutor; (b) Any other agency charged by law with criminal law enforcement duties; (c) Any agency having custody of criminal intelligence information or criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties; or (d) The Department of Corrections. (5) “Custodian of public records” means the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee. (6) “Data processing software” means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs. (7) “Duplicated copies” means new copies produced by duplicating, as defined in s. 283.30. (8) “Exemption” means a provision of general law which provides that a specified record or meeting, or portion thereof, is not subject to the access requirements of s. 119.07(1), s. 286.011, or s. 24, Art. I of the State Constitution. (9) “Information technology resources” means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training. (10) “Paratransit” has the same meaning as provided in s. 427.011. (11) “Proprietary software” means data processing software that is protected by copyright or trade secret laws. (12) “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. (13) “Redact” means to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information. (14) “Sensitive,” for purposes of defining agency-produced software that is sensitive, means only those portions of data processing software, including the specifications and documentation, which are used to: (a) Collect, process, store, and retrieve information that is exempt from s. 119.07(1); (b) Collect, process, store, and retrieve financial management information of the agency, such as payroll and accounting records; or (c) Control and direct access authorizations and security measures for automated systems. (15) “Utility” means a person or entity that provides electricity, natural gas, telecommunications, water, chilled water, reuse water, or wastewater. #### 119.021 Custodial requirements; maintenance, preservation, and retention of public records.— (1) Public records shall be maintained and preserved as follows: (a) All public records should be kept in the buildings in which they are ordinarily used. (b) Insofar as practicable, a custodian of public records of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangement as to be easily accessible for convenient use. (c) 1\. Record books should be copied or repaired, renovated, or rebound if worn, mutilated, damaged, or difficult to read. 2\. Whenever any state, county, or municipal records are in need of repair, restoration, or rebinding, the head of the concerned state agency, department, board, or commission; the board of county commissioners of such county; or the governing body of such municipality may authorize that such records be removed from the building or office in which such records are ordinarily kept for the length of time required to repair, restore, or rebind them. 3\. Any public official who causes a record book to be copied shall attest and certify under oath that the copy is an accurate copy of the original book. The copy shall then have the force and effect of the original. (2) (a) The Division of Library and Information Services of the Department of State shall adopt rules to establish retention schedules and a disposal process for public records. (b) Each agency shall comply with the rules establishing retention schedules and disposal processes for public records which are adopted by the records and information management program of the division. (c) Each public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the division in accordance with s. 257.36. (d) The division may ascertain the condition of public records and shall give advice and assistance to public officials to solve problems related to the preservation, creation, filing, and public accessibility of public records in their custody. Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. The division shall establish a time period for the retention or disposal of each series of records. Upon the completion of the inventory and schedule, the division shall, subject to the availability of necessary space, staff, and other facilities for such purposes, make space available in its records center for the filing of semicurrent records so scheduled and in its archives for noncurrent records of permanent value, and shall render such other assistance as needed, including the microfilming of records so scheduled. (3) Agency final orders rendered before July 1, 2015, that were indexed or listed pursuant to s. 120.53, and agency final orders rendered on or after July 1, 2015, that must be listed or copies of which must be transmitted to the Division of Administrative Hearings pursuant to s. 120.53, have continuing legal significance; therefore, notwithstanding any other provision of this chapter or any provision of chapter 257, each agency shall permanently maintain records of such orders pursuant to the applicable rules of the Department of State. (4) (a) Whoever has custody of any public records shall deliver, at the expiration of his or her term of office, to his or her successor or, if there be none, to the records and information management program of the Division of Library and Information Services of the Department of State, all public records kept or received by him or her in the transaction of official business. (b) Whoever is entitled to custody of public records shall demand them from any person having illegal possession of them, who must forthwith deliver the same to him or her. Any person unlawfully possessing public records must within 10 days deliver such records to the lawful custodian of public records unless just cause exists for failing to deliver such records. #### 119.035 Officers-elect.— (1) It is the policy of this state that the provisions of this chapter apply to officers-elect upon their election to public office. Such officers-elect shall adopt and implement reasonable measures to ensure compliance with the public records obligations set forth in this chapter. (2) Public records of an officer-elect shall be maintained in accordance with the policies and procedures of the public office to which the officer has been elected. (3) If an officer-elect, individually or as part of a transition process, creates or uses an online or electronic communication or recordkeeping system, all public records maintained on such system shall be preserved so as not to impair the ability of the public to inspect or copy such public records. (4) Upon taking the oath of office, the officer-elect shall, as soon as practicable, deliver to the person or persons responsible for records and information management in such office all public records kept or received in the transaction of official business during the period following election to public office. (5) As used in this section, the term “officer-elect” means the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture. #### 119.07 Inspection and copying of records; photographing public records; fees; exemptions.— (1) (a) Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. (b) A custodian of public records or a person having custody of public records may designate another officer or employee of the agency to permit the inspection and copying of public records, but must disclose the identity of the designee to the person requesting to inspect or copy public records. (c) A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed. (d) A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying. (e) If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. (f) If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. (g) In any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera. If an exemption is alleged to exist under or by virtue of s. 119.071(2)(c), an inspection in camera is discretionary with the court. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access. (h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties. (i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record. (2) (a) As an additional means of inspecting or copying public records, a custodian of public records may provide access to public records by remote electronic means, provided exempt or confidential information is not disclosed. (b) The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution. (c) Unless otherwise required by law, the custodian of public records may charge a fee for remote electronic access, granted under a contractual arrangement with a user, which fee may include the direct and indirect costs of providing such access. Fees for remote electronic access provided to the general public shall be in accordance with the provisions of this section. (3) (a) Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. (b) This subsection applies to the making of photographs in the conventional sense by use of a camera device to capture images of public records but excludes the duplication of microfilm in the possession of the clerk of the circuit court where a copy of the microfilm may be made available by the clerk. (c) Photographing public records shall be done under the supervision of the custodian of public records, who may adopt and enforce reasonable rules governing the photographing of such records. (d) Photographing of public records shall be done in the room where the public records are kept. If, in the judgment of the custodian of public records, this is impossible or impracticable, photographing shall be done in another room or place, as nearly adjacent as possible to the room where the public records are kept, to be determined by the custodian of public records. Where provision of another room or place for photographing is required, the expense of providing the same shall be paid by the person desiring to photograph the public record pursuant to paragraph (4)(e). (4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: (a) 1\. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; 2\. No more than an additional 5 cents for each two-sided copy; and 3\. For all other copies, the actual cost of duplication of the public record. (b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. (c) An agency may charge up to $1 per copy for a certified copy of a public record. (d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. (e) 1\. Where provision of another room or place is necessary to photograph public records, the expense of providing the same shall be paid by the person desiring to photograph the public records. 2\. The custodian of public records may charge the person making the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records. (5) When ballots are produced under this section for inspection or examination, no persons other than the supervisor of elections or the supervisor’s employees shall touch the ballots. If the ballots are being examined before the end of the contest period in s. 102.168, the supervisor of elections shall make a reasonable effort to notify all candidates by telephone or otherwise of the time and place of the inspection or examination. All such candidates, or their representatives, shall be allowed to be present during the inspection or examination. (6) An exemption contained in this chapter or in any other general or special law shall not limit the access of the Auditor General, the Office of Program Policy Analysis and Government Accountability, or any state, county, municipal, university, board of community college, school district, or special district internal auditor to public records when such person states in writing that such records are needed for a properly authorized audit, examination, or investigation. Such person shall maintain the exempt or confidential status of that public record and shall be subject to the same penalties as the custodian of that record for public disclosure of such record. (7) An exemption from this section does not imply an exemption from s. 286.011. The exemption from s. 286.011 must be expressly provided. (8) The provisions of this section are not intended to expand or limit the provisions of Rule 3.220, Florida Rules of Criminal Procedure, regarding the right and extent of discovery by the state or by a defendant in a criminal prosecution or in collateral postconviction proceedings. This section may not be used by any inmate as the basis for failing to timely litigate any postconviction action. (9) After receiving a request to inspect or copy a record, an agency may not respond to that request by filing an action for declaratory relief against the requester to determine whether the record is a public record as defined by s. 119.011, or the status of the record as confidential or exempt from the provisions of s. 119.07(1). #### 119.0701 Contracts; public records; request for contractor records; civil action.— (1) DEFINITIONS.— For purposes of this section, the term: (a) “Contractor” means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) “Public agency” means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) CONTRACT REQUIREMENTS.— In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency’s custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address, and mailing address) . (b) A provision that requires the contractor to comply with public records laws, specifically to: 1\. Keep and maintain public records required by the public agency to perform the service. 2\. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3\. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4\. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. (3) REQUEST FOR RECORDS; NONCOMPLIANCE.— (a) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. (b) If a contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. (c) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (4) CIVIL ACTION.— (a) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1\. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2\. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. (b) A notice complies with subparagraph (a)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (c) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. #### 119.071 General exemptions from inspection or copying of public records.— **(1) AGENCY ADMINISTRATION.—** (a) Examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. A person who has taken such an examination has the right to review his or her own completed examination. (b) 1\. For purposes of this paragraph, “competitive solicitation” means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement. 2\. Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 3\. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice rejecting all bids, proposals, or replies. (c) Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (d) 1\. A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney’s express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General’s office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence. 2\. This exemption is not waived by the release of such public record to another public employee or officer of the same agency or any person consulted by the agency attorney. When asserting the right to withhold a public record pursuant to this paragraph, the agency shall identify the potential parties to any such criminal or civil litigation or adversarial administrative proceedings. If a court finds that the document or other record has been improperly withheld under this paragraph, the party seeking access to such document or record shall be awarded reasonable attorney’s fees and costs in addition to any other remedy ordered by the court. (e) Any videotape or video signal that, under an agreement with an agency, is produced, made, or received by, or is in the custody of, a federally licensed radio or television station or its agent is exempt from s. 119.07(1). (f) Agency-produced data processing software that is sensitive is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The designation of agency-produced software as sensitive does not prohibit an agency head from sharing or exchanging such software with another public agency. (g) 1\. United States Census Bureau address information, including maps showing structure location points, agency records that verify addresses, and agency records that identify address errors or omissions, which is held by an agency pursuant to the Local Update of Census Addresses Program authorized under 13 U.S.C. s. 16, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. Such information may be released to another agency or governmental entity in the furtherance of its duties and responsibilities under the Local Update of Census Addresses Program. 3\. An agency performing duties and responsibilities under the Local Update of Census Addresses Program shall have access to any other confidential or exempt information held by another agency if such access is necessary in order to perform its duties and responsibilities under the program. 4\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. **(2) AGENCY INVESTIGATIONS.—** (a) All criminal intelligence and criminal investigative information received by a criminal justice agency prior to January 25, 1979, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) Whenever criminal intelligence information or criminal investigative information held by a non-Florida criminal justice agency is available to a Florida criminal justice agency only on a confidential or similarly restricted basis, the Florida criminal justice agency may obtain and use such information in accordance with the conditions imposed by the providing agency. (c) 1\. Active criminal intelligence information and active criminal investigative information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. a. A request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian’s response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, during the period in which the information constitutes active criminal intelligence information or active criminal investigative information. b. The law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when the criminal intelligence information or criminal investigative information is no longer active so that the request made by the law enforcement agency, the custodian’s response to the request, and information that would identify whether the law enforcement agency had requested or received that public record are available to the public. c. This exemption is remedial in nature, and it is the intent of the Legislature that the exemption be applied to requests for information received before, on, or after the effective date of this paragraph. (d) Any information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any comprehensive inventory of state and local law enforcement resources compiled pursuant to part I, chapter 23, and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to an emergency, as defined in s. 252.34, are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and unavailable for inspection, except by personnel authorized by a state or local law enforcement agency, the office of the Governor, the Department of Legal Affairs, the Department of Law Enforcement, or the Division of Emergency Management as having an official need for access to the inventory or comprehensive policies or plans. (e) Any information revealing the substance of a confession of a person arrested is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition. (f) Any information revealing the identity of a confidential informant or a confidential source is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (g) 1\. All complaints and other records in the custody of any agency which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, or marital status in connection with hiring practices, position classifications, salary, benefits, discipline, discharge, employee performance, evaluation, or other related activities are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding. a. This exemption does not affect any function or activity of the Florida Commission on Human Relations. b. Any state or federal agency that is authorized to have access to such complaints or records by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties. 2\. If an alleged victim chooses not to file a complaint and requests that records of the complaint remain confidential, all records relating to an allegation of employment discrimination are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (h) 1\. The following criminal intelligence information or criminal investigative information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: a. Any information that reveals the identity of the victim of the crime of child abuse as defined by chapter 827 or that reveals the identity of a person under the age of 18 who is the victim of the crime of human trafficking proscribed in s. 787.06(3)(a). b. Any information that may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in s. 787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, chapter 800, chapter 827, or chapter 847. c. A photograph, videotape, or image of any part of the body of the victim of a sexual offense prohibited under s. 787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, chapter 800, s. 810.145, chapter 827, or chapter 847, regardless of whether the photograph, videotape, or image identifies the victim. 2\. Criminal investigative information and criminal intelligence information made confidential and exempt under this paragraph may be disclosed by a law enforcement agency: a. In the furtherance of its official duties and responsibilities. b. For print, publication, or broadcast if the law enforcement agency determines that such release would assist in locating or identifying a person that such agency believes to be missing or endangered. The information provided should be limited to that needed to identify or locate the victim and not include the sexual nature of the offense committed against the person. c. To another governmental agency in the furtherance of its official duties and responsibilities. 3\. This exemption applies to such confidential and exempt criminal intelligence information or criminal investigative information held by a law enforcement agency before, on, or after the effective date of the exemption. (i) Any criminal intelligence information or criminal investigative information that reveals the personal assets of the victim of a crime, other than property stolen or destroyed during the commission of the crime, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (j) 1\. Any document that reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime and identifies that person as the victim of a crime, which document is received by any agency that regularly receives information from or concerning the victims of crime, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any information not otherwise held confidential or exempt from s. 119.07(1) which reveals the home or employment telephone number, home or employment address, or personal assets of a person who has been the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, upon written request by the victim, which must include official verification that an applicable crime has occurred. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties, notwithstanding this section. 2\. a. Any information in a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which reveals that minor’s identity, including, but not limited to, the minor’s face; the minor’s home, school, church, or employment telephone number; the minor’s home, school, church, or employment address; the name of the minor’s school, church, or place of employment; or the personal assets of the minor; and which identifies that minor as the victim of a crime described in this subparagraph, held by a law enforcement agency, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any governmental agency that is authorized to have access to such statements by any provision of law shall be granted such access in the furtherance of the agency’s statutory duties, notwithstanding the provisions of this section. b. A public employee or officer who has access to a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not willfully and knowingly disclose videotaped information that reveals the minor’s identity to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant’s attorney, or a person specified in an order entered by the court having jurisdiction of the alleged offense. A person who violates this provision commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (k) A complaint of misconduct filed with an agency against an agency employee and all information obtained pursuant to an investigation by the agency of the complaint of misconduct is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation ceases to be active, or until the agency provides written notice to the employee who is the subject of the complaint, either personally or by mail, that the agency has either: 1\. Concluded the investigation with a finding not to proceed with disciplinary action or file charges; or 2\. Concluded the investigation with a finding to proceed with disciplinary action or file charges. (l) 1\. As used in this paragraph, the term: a. “Body camera” means a portable electronic recording device that is worn on a law enforcement officer’s body and that records audio and video data in the course of the officer performing his or her official duties and responsibilities. b. “Law enforcement officer” has the same meaning as provided in s. 943.10. c. “Personal representative” means a parent, a court-appointed guardian, an attorney, or an agent of, or a person holding a power of attorney for, a person recorded by a body camera. If a person depicted in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, or adult child; the deceased person’s attorney or agent; or the parent or guardian of a surviving minor child of the deceased. An agent must possess written authorization of the recorded person to act on his or her behalf. 2\. A body camera recording, or a portion thereof, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the recording: a. Is taken within the interior of a private residence; b. Is taken within the interior of a facility that offers health care, mental health care, or social services; or c. Is taken in a place that a reasonable person would expect to be private. 3\. Notwithstanding subparagraph 2., a body camera recording, or a portion thereof, may be disclosed by a law enforcement agency: a. In furtherance of its official duties and responsibilities; or b. To another governmental agency in the furtherance of its official duties and responsibilities. 4\. Notwithstanding subparagraph 2., a body camera recording, or a portion thereof, shall be disclosed by a law enforcement agency: a. To a person recorded by a body camera; however, a law enforcement agency may disclose only those portions that are relevant to the person’s presence in the recording; b. To the personal representative of a person recorded by a body camera; however, a law enforcement agency may disclose only those portions that are relevant to the represented person’s presence in the recording; c. To a person not depicted in a body camera recording if the recording depicts a place in which the person lawfully resided, dwelled, or lodged at the time of the recording; however, a law enforcement agency may disclose only those portions that record the interior of such a place. d. Pursuant to a court order. (I) In addition to any other grounds the court may consider in determining whether to order that a body camera recording be disclosed, the court shall consider whether: (A) Disclosure is necessary to advance a compelling interest; (B) The recording contains information that is otherwise exempt or confidential and exempt under the law; (C) The person requesting disclosure is seeking to obtain evidence to determine legal issues in a case in which the person is a party; (D) Disclosure would reveal information regarding a person that is of a highly sensitive personal nature; (E) Disclosure may harm the reputation or jeopardize the safety of a person depicted in the recording; (F) Confidentiality is necessary to prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice; (G) The recording could be redacted to protect privacy interests; and (H) There is good cause to disclose all or portions of a recording. (II) In any proceeding regarding the disclosure of a body camera recording, the law enforcement agency that made the recording shall be given reasonable notice of hearings and shall be given an opportunity to participate. 5\. A law enforcement agency must retain a body camera recording for at least 90 days. 6\. The exemption provided in subparagraph 2. applies retroactively. 7\. This exemption does not supersede any other public records exemption that existed before or is created after the effective date of this exemption. Those portions of a recording which are protected from disclosure by another public records exemption shall continue to be exempt or confidential and exempt. (m) Criminal intelligence information or criminal investigative information that reveals the personal identifying information of a witness to a murder, as described in s. 782.04, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for 2 years after the date on which the murder is observed by the witness. A criminal justice agency may disclose such information: 1\. In the furtherance of its official duties and responsibilities. 2\. To assist in locating or identifying the witness if the agency believes the witness to be missing or endangered. 3\. To another governmental agency for use in the performance of its official duties and responsibilities. 4\. To the parties in a pending criminal prosecution as required by law. (n) Personal identifying information of the alleged victim in an allegation of sexual harassment or the victim of sexual harassment is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if such information identifies that person as an alleged victim or as a victim of sexual harassment. Confidentiality may be waived in writing by the alleged victim or the victim. Such information may be disclosed to another governmental entity in the furtherance of its official duties and responsibilities. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. (o) The address of a victim of an incident of mass violence is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For purposes of this paragraph, the term “incident of mass violence” means an incident in which four or more people, not including the perpetrator, are severely injured or killed by an intentional and indiscriminate act of violence of another. For purposes of this paragraph, the term “victim” means a person killed or injured during an incident of mass violence, not including the perpetrator. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. (p) 1\. As used in this paragraph, the term: a. “Killing of a law enforcement officer who was acting in accordance with his or her official duties” means all acts or events that cause or otherwise relate to the death of a law enforcement officer who was acting in accordance with his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death. b. “Killing of a victim of mass violence” means events that depict either a victim being killed or the body of a victim killed in an incident in which three or more persons, not including the perpetrator, are killed by the perpetrator of an intentional act of violence. 2\. A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse of the decedent may view and copy any such photograph or video recording or listen to or copy any such audio recording. If there is no surviving spouse, the surviving parents shall have access to such records. If there is no surviving spouse or parent, the adult children shall have access to such records. Nothing in this paragraph precludes a surviving spouse, parent, or adult child of the victim from sharing or publicly releasing such photograph or video or audio recording. 3\. a. The deceased’s surviving relative, with whom authority rests to obtain such records, may designate in writing an agent to obtain such records. b. A local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may view or copy a photograph or video recording or may listen to or copy an audio recording of the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, and, unless otherwise required in the performance of its duties, the identity of the deceased shall remain confidential and exempt. c. The custodian of the record, or his or her designee, may not permit any other person to view or copy such photograph or video recording or listen to or copy such audio recording without a court order. 4\. a. The court, upon a showing of good cause, may issue an order authorizing any person to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, or to listen to or copy an audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, and may prescribe any restrictions or stipulations that the court deems appropriate. b. In determining good cause, the court shall consider: (I) Whether such disclosure is necessary for the public evaluation of governmental performance; (II) The seriousness of the intrusion into the family’s right to privacy and whether such disclosure is the least intrusive means available; and (III) The availability of similar information in other public records, regardless of form. c. In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence must be under the direct supervision of the custodian of the record or his or her designee. 5\. A surviving spouse shall be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, or to listen to or copy any such audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter. If there is no surviving spouse, such notice must be given to the parents of the deceased and, if the deceased has no surviving parent, to the adult children of the deceased. 6\. a. Any custodian of a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence who willfully and knowingly violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. b. Any person who willfully and knowingly violates a court order issued pursuant to this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. c. A criminal or administrative proceeding is exempt from this paragraph but, unless otherwise exempted, is subject to all other provisions of chapter 119; however, this paragraph does not prohibit a court in a criminal or administrative proceeding upon good cause shown from restricting or otherwise controlling the disclosure of a killing, crime scene, or similar photograph or video or audio recording in the manner prescribed in this paragraph. 7\. The exemption in this paragraph shall be given retroactive application and shall apply to all photographs or video or audio recordings that depict or record the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, regardless of whether the killing of the person occurred before, on, or after May 23, 2019. However, nothing in this paragraph is intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of this act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence. 8\. This paragraph applies only to such photographs and video and audio recordings held by an agency. 9\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature. (q) 1\. As used in this paragraph, the term: a. “Conviction integrity unit” means a unit within a state attorney’s office established for the purpose of reviewing plausible claims of actual innocence. b. “Conviction integrity unit reinvestigation information” means information or materials generated during a new investigation by a conviction integrity unit following the unit’s formal written acceptance of an applicant’s case. The term does not include: (I) Information, materials, or records generated by a state attorney’s office during an investigation done for the purpose of responding to motions made pursuant to Rule 3.800, Rule 3.850, or Rule 3.853, Florida Rules of Criminal Procedure, or any other collateral proceeding. (II) Petitions by applicants to the conviction integrity unit. (III) Criminal investigative information generated before the commencement of a conviction integrity unit investigation which is not otherwise exempt from this section. 2\. Conviction integrity unit reinvestigation information is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a reasonable period of time during an active, ongoing, and good faith investigation of a claim of actual innocence in a case that previously resulted in the conviction of the accused person and until the claim is no longer capable of further investigation. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature. **(3) SECURITY AND FIRESAFETY.—** (a) 1\. As used in this paragraph, the term “security or firesafety system plan” includes all: a. Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security or firesafety of the facility or revealing security or firesafety systems; b. Threat assessments conducted by any agency or any private entity; c. Threat response plans; d. Emergency evacuation plans; e. Sheltering arrangements; or f. Manuals for security or firesafety personnel, emergency equipment, or security or firesafety training. 2\. A security or firesafety system plan or portion thereof for: a. Any property owned by or leased to the state or any of its political subdivisions; or b. Any privately owned or leased property held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this exemption apply to security or firesafety system plans held by an agency before, on, or after the effective date of this paragraph. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. 3\. Information made confidential and exempt by this paragraph may be disclosed: a. To the property owner or leaseholder; b. In furtherance of the official duties and responsibilities of the agency holding the information; c. To another local, state, or federal agency in furtherance of that agency’s official duties and responsibilities; or d. Upon a showing of good cause before a court of competent jurisdiction. (b) 1\. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. This exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency before, on, or after the effective date of this act. 3\. Information made exempt by this paragraph may be disclosed: a. To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; b. To a licensed architect, engineer, or contractor who is performing work on or related to the building, arena, stadium, water treatment facility, or other structure owned or operated by an agency; or c. Upon a showing of good cause before a court of competent jurisdiction. 4\. The entities or persons receiving such information shall maintain the exempt status of the information. (c) 1\. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, health care facility, or hotel or motel development, which records are held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. This exemption applies to any such records held by an agency before, on, or after the effective date of this act. 3\. Information made exempt by this paragraph may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to the owner or owners of the structure in question or the owner’s legal representative; or upon a showing of good cause before a court of competent jurisdiction. 4\. This paragraph does not apply to comprehensive plans or site plans, or amendments thereto, which are submitted for approval or which have been approved under local land development regulations, local zoning regulations, or development-of-regional-impact review. 5\. As used in this paragraph, the term: a. “Attractions and recreation facility” means any sports, entertainment, amusement, or recreation facility, including, but not limited to, a sports arena, stadium, racetrack, tourist attraction, amusement park, or pari-mutuel facility that: (I) For single-performance facilities: (A) Provides single-performance facilities; or (B) Provides more than 10,000 permanent seats for spectators. (II) For serial-performance facilities: (A) Provides parking spaces for more than 1,000 motor vehicles; or (B) Provides more than 4,000 permanent seats for spectators. b. “Entertainment or resort complex” means a theme park comprised of at least 25 acres of land with permanent exhibitions and a variety of recreational activities, which has at least 1 million visitors annually who pay admission fees thereto, together with any lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme park, as long as the owners or operators of the theme park, or a parent or related company or subsidiary thereof, has an equity interest in the lodging, dining, or recreational facilities or is in privity therewith. Close proximity includes an area within a 5-mile radius of the theme park complex. c. “Industrial complex” means any industrial, manufacturing, processing, distribution, warehousing, or wholesale facility or plant, as well as accessory uses and structures, under common ownership that: (I) Provides onsite parking for more than 250 motor vehicles; (II) Encompasses 500,000 square feet or more of gross floor area; or (III) Occupies a site of 100 acres or more, but excluding wholesale facilities or plants that primarily serve or deal onsite with the general public. d. “Retail and service development” means any retail, service, or wholesale business establishment or group of establishments which deals primarily with the general public onsite and is operated under one common property ownership, development plan, or management that: (I) Encompasses more than 400,000 square feet of gross floor area; or (II) Provides parking spaces for more than 2,500 motor vehicles. e. “Office development” means any office building or park operated under common ownership, development plan, or management that encompasses 300,000 or more square feet of gross floor area. f. “Health care facility” means a hospital, ambulatory surgical center, nursing home, hospice, or intermediate care facility for the developmentally disabled. g. “Hotel or motel development” means any hotel or motel development that accommodates 350 or more units. 6\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. (d) 1\. Information relating to the Nationwide Public Safety Broadband Network established pursuant to 47 U.S.C. ss. 1401 et seq., held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if release of such information would reveal: a. The design, development, construction, deployment, and operation of network facilities; b. Network coverage, including geographical maps indicating actual or proposed locations of network infrastructure or facilities; c. The features, functions, and capabilities of network infrastructure and facilities; d. The features, functions, and capabilities of network services provided to first responders, as defined in s. 112.1815, and other network users; e. The design, features, functions, and capabilities of network devices provided to first responders and other network users; or f. Security, including cybersecurity, of the design, construction, and operation of the network and associated services and products. 2\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. (e) 1 a. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio communication services, or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. b. Geographical maps indicating the actual or proposed locations of 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio services, or other 911, E911, or publ.ic safety radio communication structures or facilities owned and operated by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. This exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911, E911, or public safety radio communication system infrastructure or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency, and geographical maps indicating actual or proposed locations of 911, E911, or public safety radio communication system infrastructure or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency, before, on, or after the effective date of this act. 3\. Information made exempt by this paragraph may be disclosed: a. To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; b. To a licensed architect, engineer, or contractor who is performing work on or related to the 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio communication services, or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency; or c. Upon a showing of good cause before a court of competent jurisdiction. 4\. The entities or persons receiving such information must maintain the exempt status of the information. 5\. For purposes of this paragraph, the term “public safety radio” is defined as the means of communication between and among 911 public safety answering points, dispatchers, and first responder agencies using those portions of the radio frequency spectrum designated by the Federal Communications Commission under 47 C.F.R. part 90 for public safety purposes. 6\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature. **(4) AGENCY PERSONNEL INFORMATION.—** (a) 1\. The social security numbers of all current and former agency employees which are held by the employing agency are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. The social security numbers of current and former agency employees may be disclosed by the employing agency: a. If disclosure of the social security number is expressly required by federal or state law or a court order. b. To another agency or governmental entity if disclosure of the social security number is necessary for the receiving agency or entity to perform its duties and responsibilities. c. If the current or former agency employee expressly consents in writing to the disclosure of his or her social security number. (b) 1\. Medical information pertaining to a prospective, current, or former officer or employee of an agency which, if disclosed, would identify that officer or employee is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, such information may be disclosed if the person to whom the information pertains or the person’s legal representative provides written permission or pursuant to court order. 2\. a. Personal identifying information of a dependent child of a current or former officer or employee of an agency, which dependent child is insured by an agency group insurance plan, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For purposes of this exemption, “dependent child” has the same meaning as in s. 409.2554. b. This exemption is remedial in nature and applies to such personal identifying information held by an agency before, on, or after the effective date of this exemption. (c) Any information revealing undercover personnel of any criminal justice agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (d) 1\. For purposes of this paragraph, the term: a. “Home addresses” means the dwelling location at which an individual resides and includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property information that may reveal the home address. b. “Telephone numbers” includes home telephone numbers, personal cellular telephone numbers, personal pager telephone numbers, and telephone numbers associated with personal communications devices. 2\. a. The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn law enforcement personnel or of active or former civilian personnel employed by a law enforcement agency, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. b. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Department of Financial Services whose duties include the investigation of fraud, theft, workers’ compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. c. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Office of Financial Regulation’s Bureau of Financial Investigations whose duties include the investigation of fraud, theft, other related criminal activities, or state regulatory requirement violations; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. d. The home addresses, telephone numbers, dates of birth, and photographs of current or former firefighters certified in compliance with s. 633.408; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such firefighters; and the names and locations of schools and day care facilities attended by the children of such firefighters are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. e. The home addresses, dates of birth, and telephone numbers of current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges; and the names and locations of schools and day care facilities attended by the children of current or former justices and judges are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. f. The home addresses, telephone numbers, dates of birth, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; and the names and locations of schools and day care facilities attended by the children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. g. The home addresses, dates of birth, and telephone numbers of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; and the names and locations of schools and day care facilities attended by the children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. h. The home addresses, telephone numbers, dates of birth, and photographs of current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. i. The home addresses, telephone numbers, dates of birth, and photographs of current or former code enforcement officers; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. j. The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former guardians ad litem, as defined in s. 39.820; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. k. The home addresses, telephone numbers, dates of birth, and photographs of current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile justice detention officer supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice; the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. l. The home addresses, telephone numbers, dates of birth, and photographs of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel; and the names and locations of schools and day care facilities attended by the children of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. m. The home addresses, telephone numbers, dates of birth, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former investigators and inspectors; and the names and locations of schools and day care facilities attended by the children of such current or former investigators and inspectors are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. n. The home addresses, telephone numbers, and dates of birth of county tax collectors; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such tax collectors; and the names and locations of schools and day care facilities attended by the children of such tax collectors are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. o. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. p. The home addresses, telephone numbers, dates of birth, and photographs of current or former impaired practitioner consultants who are retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person’s skill and safety to practice a licensed profession; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such consultants or their employees; and the names and locations of schools and day care facilities attended by the children of such consultants or employees are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. q. The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency medical technicians or paramedics certified under chapter 401; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such emergency medical technicians or paramedics; and the names and locations of schools and day care facilities attended by the children of such emergency medical technicians or paramedics are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. r. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline; the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. s. The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, nurses, and clinical employees of an addiction treatment facility; the home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For purposes of this sub-subparagraph, the term “addiction treatment facility” means a county government, or agency thereof, that is licensed pursuant to s. 397.401 and provides substance abuse prevention, intervention, or clinical treatment, including any licensed service component described in s. 397.311(26). t. The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, and clinical employees of a child advocacy center that meets the standards of s. 39.3035(2) and fulfills the screening requirement of s. 39.3035(3), and the members of a Child Protection Team as described in s. 39.303 whose duties include supporting the investigation of child abuse or sexual abuse, child abandonment, child neglect, and child exploitation or to provide services as part of a multidisciplinary case review team; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel and members; and the names and locations of schools and day care facilities attended by the children of such personnel and members are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. u. The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former staff and domestic violence advocates, as defined in s. 90.5036(1)(b), of domestic violence centers certified by the Department of Children and Families under chapter 39; the names, home addresses, telephone numbers, places of employment, dates of birth, and photographs of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3\. An agency that is the custodian of the information specified in subparagraph 2. and that is not the employer of the officer, employee, justice, judge, or other person specified in subparagraph 2. must maintain the exempt status of that information only if the officer, employee, justice, judge, other person, or employing agency of the designated employee submits a written and notarized request for maintenance of the exemption to the custodial agency. The request must state under oath the statutory basis for the individual’s exemption request and confirm the individual’s status as a party eligible for exempt status. 4\. a. A county property appraiser, as defined in s. 192.001(3), or a county tax collector, as defined in s. 192.001(4), who receives a written and notarized request for maintenance of the exemption pursuant to subparagraph 3. must comply by removing the name of the individual with exempt status and the instrument number or Official Records book and page number identifying the property with the exempt status from all publicly available records maintained by the property appraiser or tax collector. For written requests received on or before July 1, 2021, a county property appraiser or county tax collector must comply with this sub-subparagraph by October 1, 2021. A county property appraiser or county tax collector may not remove the street address, legal description, or other information identifying real property within the agency’s records so long as a name or personal information otherwise exempt from inspection and copying pursuant to this section are not associated with the property or otherwise displayed in the public records of the agency. b. Any information restricted from public display, inspection, or copying under sub-subparagraph a. must be provided to the individual whose information was removed. 5\. An officer, an employee, a justice, a judge, or other person specified in subparagraph 2. may submit a written request for the release of his or her exempt information to the custodial agency. The written request must be notarized and must specify the information to be released and the party authorized to receive the information. Upon receipt of the written request, the custodial agency must release the specified information to the party authorized to receive such information. 6\. The exemptions in this paragraph apply to information held by an agency before, on, or after the effective date of the exemption. 7\. Information made exempt under this paragraph may be disclosed pursuant to s. 28.2221 to a title insurer authorized pursuant to s. 624.401 and its affiliates as defined in s. 624.10; a title insurance agent or title insurance agency as defined in s. 626.841(1) or (2), respectively; or an attorney duly admitted to practice law in this state and in good standing with The Florida Bar. 8\. The exempt status of a home address contained in the Official Records is maintained only during the period when a protected party resides at the dwelling location. Upon conveyance of real property after October 1, 2021, and when such real property no longer constitutes a protected party’s home address as defined in sub-subparagraph 1.a., the protected party must submit a written request to release the removed information to the county recorder. The written request to release the removed information must be notarized, must confirm that a protected party’s request for release is pursuant to a conveyance of his or her dwelling location, and must specify the Official Records book and page, instrument number, or clerk’s file number for each document containing the information to be released. 9\. Upon the death of a protected party as verified by a certified copy of a death certificate or court order, any party can request the county recorder to release a protected decedent’s removed information unless there is a related request on file with the county recorder for continued removal of the decedent’s information or unless such removal is otherwise prohibited by statute or by court order. The written request to release the removed information upon the death of a protected party must attach the certified copy of a death certificate or court order and must be notarized, must confirm the request for release is due to the death of a protected party, and must specify the Official Records book and page number, instrument number, or clerk’s file number for each document containing the information to be released. A fee may not be charged for the release of any document pursuant to such request. 10\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature. (e) 1\. As used in this paragraph, the term “law enforcement geolocation information” means information collected using a global positioning system or another mapping, locational, or directional information system that allows tracking of the location or movement of a law enforcement officer or a law enforcement vehicle. 2\. Law enforcement geolocation information held by a law enforcement agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such information held by an agency before, on, or after the effective date of the exemption. This exemption does not apply to uniform traffic citations, crash reports, homicide reports, arrest reports, incident reports, or any other official reports issued by an agency which contain law enforcement geolocation information. 3\. A law enforcement agency shall disclose law enforcement geolocation information in the following instances: a. Upon a request from a state or federal law enforcement agency; b. When a person files a petition with the circuit court in the jurisdiction where the agency having custody of the requested law enforcement geolocation information is located specifying the reasons for requesting such information and the court, upon a showing of good cause, issues an order authorizing the release of the law enforcement geolocation information. In all cases in which the court releases law enforcement geolocation information under this sub-subparagraph, such information must be viewed or copied under the direct supervision of the custodian of the record or his or her designee; or c. When law enforcement geolocation information is requested for use in a criminal, civil, or administrative proceeding. This sub-subparagraph does not prohibit a court in such a criminal, civil, or administrative proceeding, upon a showing of good cause, from restricting or otherwise controlling the disclosure of such information. 4\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. **(5) OTHER PERSONAL INFORMATION.—** (a) 1\. a. The Legislature acknowledges that the social security number was never intended to be used for business purposes but was intended to be used solely for the administration of the federal Social Security System. The Legislature is further aware that over time this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes. b. The Legislature recognizes that the social security number can be used as a tool to perpetuate fraud against an individual and to acquire sensitive personal, financial, medical, and familial information, the release of which could cause great financial or personal harm to an individual. c. The Legislature intends to monitor the use of social security numbers held by agencies in order to maintain a balanced public policy. 2\. a. An agency may not collect an individual’s social security number unless the agency has stated in writing the purpose for its collection and unless it is: (I) Specifically authorized by law to do so; or (II) Imperative for the performance of that agency’s duties and responsibilities as prescribed by law. b. An agency shall identify in writing the specific federal or state law governing the collection, use, or release of social security numbers for each purpose for which the agency collects the social security number, including any authorized exceptions that apply to such collection, use, or release. Each agency shall ensure that the collection, use, or release of social security numbers complies with the specific applicable federal or state law. c. Social security numbers collected by an agency may not be used by that agency for any purpose other than the purpose provided in the written statement. 3\. An agency collecting an individual’s social security number shall provide that individual with a copy of the written statement required in subparagraph 2. The written statement also shall state whether collection of the individual’s social security number is authorized or mandatory under federal or state law. 4\. Each agency shall review whether its collection of social security numbers is in compliance with subparagraph 2. If the agency determines that collection of a social security number is not in compliance with subparagraph 2., the agency shall immediately discontinue the collection of social security numbers for that purpose. 5\. Social security numbers held by an agency are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to social security numbers held by an agency before, on, or after the effective date of this exemption. This exemption does not supersede any federal law prohibiting the release of social security numbers or any other applicable public records exemption for social security numbers existing prior to May 13, 2002, or created thereafter. 6\. Social security numbers held by an agency may be disclosed if any of the following apply: a. The disclosure of the social security number is expressly required by federal or state law or a court order. b. The disclosure of the social security number is necessary for the receiving agency or governmental entity to perform its duties and responsibilities. c. The individual expressly consents in writing to the disclosure of his or her social security number. d. The disclosure of the social security number is made to comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or Presidential Executive Order 13224. e. The disclosure of the social security number is made to a commercial entity for the permissible uses set forth in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss. 1681 et seq.; or the Financial Services Modernization Act of 1999, 15 U.S.C. ss. 6801 et seq., provided that the authorized commercial entity complies with the requirements of this paragraph. f. The disclosure of the social security number is for the purpose of the administration of health benefits for an agency employee or his or her dependents. g. The disclosure of the social security number is for the purpose of the administration of a pension fund administered for the agency employee’s retirement fund, deferred compensation plan, or defined contribution plan. h. The disclosure of the social security number is for the purpose of the administration of the Uniform Commercial Code by the office of the Secretary of State. 7\. a. For purposes of this subsection, the term: (I) “Commercial activity” means the permissible uses set forth in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss. 1681 et seq.; or the Financial Services Modernization Act of 1999, 15 U.S.C. ss. 6801 et seq., or verification of the accuracy of personal information received by a commercial entity in the normal course of its business, including identification or prevention of fraud or matching, verifying, or retrieving information. It does not include the display or bulk sale of social security numbers to the public or the distribution of such numbers to any customer that is not identifiable by the commercial entity. (II) “Commercial entity” means any corporation, partnership, limited partnership, proprietorship, sole proprietorship, firm, enterprise, franchise, or association that performs a commercial activity in this state. b. An agency may not deny a commercial entity engaged in the performance of a commercial activity access to social security numbers, provided the social security numbers will be used only in the performance of a commercial activity and provided the commercial entity makes a written request for the social security numbers. The written request must: (I) Be verified as provided in s. 92.525; (II) Be legibly signed by an authorized officer, employee, or agent of the commercial entity; (III) Contain the commercial entity’s name, business mailing and location addresses, and business telephone number; and (IV) Contain a statement of the specific purposes for which it needs the social security numbers and how the social security numbers will be used in the performance of a commercial activity, including the identification of any specific federal or state law that permits such use. c. An agency may request any other information reasonably necessary to verify the identity of a commercial entity requesting the social security numbers and the specific purposes for which the numbers will be used. 8\. a. Any person who makes a false representation in order to obtain a social security number pursuant to this paragraph, or any person who willfully and knowingly violates this paragraph, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. b. Any public officer who violates this paragraph commits a noncriminal infraction, punishable by a fine not exceeding $500 per violation. 9\. Any affected person may petition the circuit court for an order directing compliance with this paragraph. (b) Bank account numbers and debit, charge, and credit card numbers held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to bank account numbers and debit, charge, and credit card numbers held by an agency before, on, or after the effective date of this exemption. (c) 1\. For purposes of this paragraph, the term: a. “Child” means any person younger than 18 years of age. b. “Government-sponsored recreation program” means a program for which an agency assumes responsibility for a child participating in that program, including, but not limited to, after-school programs, athletic programs, nature programs, summer camps, or other recreational programs. 2\. Information that would identify or locate a child who participates in a government-sponsored recreation program is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3\. Information that would identify or locate a parent or guardian of a child who participates in a government-sponsored recreation program is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 4\. This exemption applies to records held before, on, or after the effective date of this exemption. (d) All records supplied by a telecommunications company, as defined by s. 364.02, to an agency which contain the name, address, and telephone number of subscribers are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (e) Any information provided to an agency for the purpose of forming ridesharing arrangements, which information reveals the identity of an individual who has provided his or her name for ridesharing, as defined in s. 341.031, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (f) 1\. The following information held by the Department of Economic Opportunity, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: a. Medical history records and information related to health or property insurance provided by an applicant for or a participant in a federal, state, or local housing assistance program. b. Property photographs and personal identifying information of an applicant for or a participant in a federal, state, or local housing assistance program for the purpose of disaster recovery assistance for a presidentially declared disaster. 2\. Governmental entities or their agents shall have access to such confidential and exempt records and information for the purpose of auditing federal, state, or local housing programs or housing assistance programs. 3\. Such confidential and exempt records and information may be used in any administrative or judicial proceeding, provided such records are kept confidential and exempt unless otherwise ordered by a court. 4\. Sub-subparagraph 1.b. is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature. (g) Biometric identification information held by an agency before, on, or after the effective date of this exemption is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. As used in this paragraph, the term “biometric identification information” means: 1\. Any record of friction ridge detail; 2\. Fingerprints; 3\. Palm prints; and 4\. Footprints. (h) 1\. Personal identifying information of an applicant for or a recipient of paratransit services which is held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. This exemption applies to personal identifying information of an applicant for or a recipient of paratransit services which is held by an agency before, on, or after the effective date of this exemption. 3\. Confidential and exempt personal identifying information shall be disclosed: a. With the express written consent of the applicant or recipient or the legally authorized representative of such applicant or recipient; b. In a medical emergency, but only to the extent that is necessary to protect the health or life of the applicant or recipient; c. By court order upon a showing of good cause; or d. To another agency in the performance of its duties and responsibilities. (i) 1\. For purposes of this paragraph, “identification and location information” means the: a. Home address, telephone number, and photograph of a current or former United States attorney, assistant United States attorney, judge of the United States Courts of Appeal, United States district judge, or United States magistrate; b. Home address, telephone number, photograph, and place of employment of the spouse or child of such attorney, judge, or magistrate; and c. Name and location of the school or day care facility attended by the child of such attorney, judge, or magistrate. 2\. Identification and location information held by an agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if such attorney, judge, or magistrate submits to an agency that has custody of the identification and location information: a. A written request to exempt such information from public disclosure; and b. A written statement that he or she has made reasonable efforts to protect the identification and location information from being accessible through other means available to the public. (j) Any information furnished by a person to an agency for the purpose of being provided with emergency notification by the agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to information held by an agency before, on, or after the effective date of this exemption. #### 119.0711 Executive branch agency exemptions from inspection or copying of public records.— When an agency of the executive branch of state government seeks to acquire real property by purchase or through the exercise of the power of eminent domain, all appraisals, other reports relating to value, offers, and counteroffers must be in writing and are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until execution of a valid option contract or a written offer to sell that has been conditionally accepted by the agency, at which time the exemption shall expire. The agency shall not finally accept the offer for a period of 30 days in order to allow public review of the transaction. The agency may give conditional acceptance to any option or offer subject only to final acceptance by the agency after the 30-day review period. If a valid option contract is not executed, or if a written offer to sell is not conditionally accepted by the agency, then the exemption shall expire at the conclusion of the condemnation litigation of the subject property. An agency of the executive branch may exempt title information, including names and addresses of property owners whose property is subject to acquisition by purchase or through the exercise of the power of eminent domain, from s. 119.07(1) and s. 24(a), Art. I of the State Constitution to the same extent as appraisals, other reports relating to value, offers, and counteroffers. For the purpose of this subsection, the term “option contract” means an agreement of an agency of the executive branch of state government to purchase real property subject to final agency approval. This subsection has no application to other exemptions from s. 119.07(1) which are contained in other provisions of law and shall not be construed to be an express or implied repeal thereof. #### 119.0712 Executive branch agency-specific exemptions from inspection or copying of public records.— **(1) DEPARTMENT OF HEALTH.—** All personal identifying information contained in records relating to an individual’s personal health or eligibility for health-related services held by the Department of Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except as otherwise provided in this subsection. Information made confidential and exempt by this subsection shall be disclosed: (a) With the express written consent of the individual or the individual’s legally authorized representative. (b) In a medical emergency, but only to the extent necessary to protect the health or life of the individual. (c) By court order upon a showing of good cause. (d) To a health research entity, if the entity seeks the records or data pursuant to a research protocol approved by the department, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the department, the fee provisions of which are consistent with s. 119.07(4). The department may deny a request for records or data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, is administratively burdensome, or does not have scientific merit. The agreement must restrict the release of any information that would permit the identification of persons, limit the use of records or data to the approved research protocol, and prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the department. **(2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—** (a) For purposes of this subsection, the term “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles. (b) Personal information, including highly restricted personal information as defined in 18 U.S.C. s. 2725, contained in a motor vehicle record is confidential pursuant to the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Such information may be released only as authorized by that act; however, information received pursuant to that act may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. (c) E-mail addresses collected by the Department of Highway Safety and Motor Vehicles pursuant to s. 319.40(3), s. 320.95(2), or s. 322.08(10) are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies retroactively. (d) 1\. Emergency contact information contained in a motor vehicle record is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to: a. Law enforcement agencies for purposes of contacting those listed in the event of an emergency. b. A receiving facility, hospital, or licensed detoxification or addictions receiving facility pursuant to s. 394.463(2)(a) or s. 397.6772(1)(a) for the sole purpose of informing a patient’s emergency contacts of the patient’s whereabouts. (e) Any person who uses or releases any information contained in the Driver and Vehicle Information Database for a purpose not specifically authorized by law commits a noncriminal infraction, punishable by a fine not exceeding $2,000. (f) 1\. Secure login credentials held by the Department of Highway Safety and Motor Vehicles are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to secure login credentials held by the department before, on, or after the effective date of the exemption. For purposes of this subparagraph, the term “secure login credentials” means information held by the department for purposes of authenticating a user logging into a user account on a computer, a computer system, a computer network, or an electronic device; an online user account accessible over the Internet, whether through a mobile device, a website, or any other electronic means; or information used for authentication or password recovery. 2\. Internet protocol addresses, geolocation data, and other information held by the Department of Highway Safety and Motor Vehicles which describes the location, computer, computer system, or computer network from which a user accesses a public-facing portal, and the dates and times that a user accesses a public-facing portal, are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such information held by the department before, on, or after the effective date of the exemption. For purposes of this subparagraph, the term “public-facing portal” means a web portal or computer application accessible by the public over the Internet, whether through a mobile device, website, or other electronic means, which is established for administering chapter 319, chapter 320, chapter 322, chapter 328, or any other provision of law conferring duties upon the department. 3\. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature. **(3) OFFICE OF FINANCIAL REGULATION.—** The following information held by the Office of Financial Regulation before, on, or after July 1, 2011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: (a) Any information received from another state or federal regulatory, administrative, or criminal justice agency that is otherwise confidential or exempt pursuant to the laws of that state or pursuant to federal law. (b) Any information that is received or developed by the office as part of a joint or multiagency examination or investigation with another state or federal regulatory, administrative, or criminal justice agency. The office may obtain and use the information in accordance with the conditions imposed by the joint or multiagency agreement. This exemption does not apply to information obtained or developed by the office that would otherwise be available for public inspection if the office had conducted an independent examination or investigation under Florida law. **(4) DEPARTMENT OF MILITARY AFFAIRS.—** Information held by the Department of Military Affairs that is stored in a United States Department of Defense system of records, transmitted using a United States Department of Defense network or communications device, or pertaining to the United States Department of Defense, pursuant to 10 U.S.C. s. 394, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any information not made exempt by this subsection may be disclosed only after the department makes any redactions in accordance with applicable federal and state laws. This exemption applies to information made exempt by this subsection which is held by the department before, on, or after the effective date of the exemption. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature. #### **119.0713 Local government agency exemptions from inspection or copying of public records.—** (1) All complaints and other records in the custody of any unit of local government which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, marital status, sale or rental of housing, the provision of brokerage services, or the financing of housing are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding. This provision does not affect any function or activity of the Florida Commission on Human Relations. Any state or federal agency that is authorized to access such complaints or records by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties. This subsection does not modify or repeal any special or local act. (2) (a) As used in this subsection, the term “unit of local government” means a county, municipality, special district, local agency, authority, consolidated city-county government, or any other local governmental body or public body corporate or politic authorized or created by general or special law. (b) The audit report of an internal auditor and the investigative report of the inspector general prepared for or on behalf of a unit of local government becomes a public record when the audit or investigation becomes final. An audit or investigation becomes final when the audit report or investigative report is presented to the unit of local government. Audit workpapers and notes related to such audit and information received, produced, or derived from an investigation are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the audit or investigation is complete and the audit report becomes final or when the investigation is no longer active. An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch. (3) Any data, record, or document used directly or solely by a municipally owned utility to prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or tangible personal property to any customer or prospective customer is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption commences when a municipal utility identifies in writing a specific bid to which it intends to respond. This exemption no longer applies after the contract for sale, distribution, or use of the service, commodity, or tangible personal property is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. The exemption in this subsection includes the bid documents actually furnished in response to the request for bids. However, the exemption for the bid documents submitted no longer applies after the bids are opened by the customer or prospective customer. (4) (a) Proprietary confidential business information means information, regardless of form or characteristics, which is held by an electric utility that is subject to this chapter, is intended to be and is treated by the entity that provided the information to the electric utility as private in that the disclosure of the information would cause harm to the entity providing the information or its business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public. Proprietary confidential business information includes: 1\. Trade secrets, as defined in s. 688.002. 2\. Internal auditing controls and reports of internal auditors. 3\. Security measures, systems, or procedures. 4\. Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the electric utility to contract for goods or services on favorable terms. 5\. Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information. (b) Proprietary confidential business information held by an electric utility that is subject to this chapter in conjunction with a due diligence review of an electric project as defined in s. 163.01(3)(d) or a project to improve the delivery, cost, or diversification of fuel or renewable energy resources is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (c) All proprietary confidential business information described in paragraph (b) shall be retained for 1 year after the due diligence review has been completed and the electric utility has decided whether or not to participate in the project. (5) (a) The following information held by a utility owned or operated by a unit of local government is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 1\. Information related to the security of the technology, processes, or practices of a utility owned or operated by a unit of local government that are designed to protect the utility’s networks, computers, programs, and data from attack, damage, or unauthorized access, which information, if disclosed, would facilitate the alteration, disclosure, or destruction of such data or information technology resources. 2\. Information related to the security of existing or proposed information technology systems or industrial control technology systems of a utility owned or operated by a unit of local government, which, if disclosed, would facilitate unauthorized access to, and alteration or destruction of, such systems in a manner that would adversely impact the safe and reliable operation of the systems and the utility. 3\. Customer meter-derived data and billing information in increments less than one billing cycle. (b) This exemption applies to such information held by a utility owned or operated by a unit of local government before, on, or after the effective date of this exemption. (c) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature. #### **119.0714 Court files; court records; official records.—** **(1) COURT FILES.—** Nothing in this chapter shall be construed to exempt from s. 119.07(1) a public record that was made a part of a court file and that is not specifically closed by order of court, except: (a) A public record that was prepared by an agency attorney or prepared at the attorney’s express direction as provided in s. 119.071(1)(d). (b) Data processing software as provided in s. 119.071(1)(f). (c) Any information revealing surveillance techniques or procedures or personnel as provided in s. 119.071(2)(d). (d) Any comprehensive inventory of state and local law enforcement resources, and any comprehensive policies or plans compiled by a criminal justice agency, as provided in s. 119.071(2)(d). (e) Any information revealing the substance of a confession of a person arrested as provided in s. 119.071(2)(e). (f) Any information revealing the identity of a confidential informant or confidential source as provided in s. 119.071(2)(f). (g) Any information revealing undercover personnel of any criminal justice agency as provided in s. 119.071(4)(c). (h) Criminal intelligence information or criminal investigative information that is confidential and exempt as provided in s. 119.071(2)(h) or (m). (i) Social security numbers as provided in s. 119.071(5)(a). (j) Bank account numbers and debit, charge, and credit card numbers as provided in s. 119.071(5)(b). (k) 1\. A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued on or after July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2\. A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued before July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution only upon request by an individual named in the petition as a respondent. The request must be in the form of a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, or electronic transmission or in person to the clerk of the court. A fee may not be charged for such request. 3\. Any information that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and any affidavits, notice of hearing, and temporary injunction, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction. (l) Personal identifying information and annuity contract numbers of a payee of a structured settlement as defined in s. 626.99296(2) and the names of family members, dependents, and beneficiaries of such payee contained within a court file relating to a proceeding for the approval of the transfer of structured settlement payment rights under s. 626.99296. Such information shall remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution during the pendency of the transfer proceeding and for 6 months after the final court order approving, or not approving, the transferee’s application. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. **(2) COURT RECORDS.—** (a) Until January 1, 2012, if a social security number or a bank account, debit, charge, or credit card number is included in a court file, such number may be included as part of the court record available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian. (b) A request for redaction must be a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, electronic transmission, or in person to the clerk of the court. The clerk of the court does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction. (c) A fee may not be charged for the redaction of a social security number or a bank account, debit, charge, or credit card number pursuant to such request. (d) The clerk of the court has no liability for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, unknown to the clerk of the court in court records filed on or before January 1, 2012. (e) 1\. The clerk of the court must keep social security numbers confidential and exempt as provided for in s. 119.071(5)(a), and bank account, debit, charge, and credit card numbers exempt as provided for in s. 119.071(5)(b), without any person having to request redaction. 2\. Section 119.071(5)(a)7. and 8. does not apply to the clerks of the court with respect to court records. (f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification number, and page number of the court record that contains the exempt information. (g) The clerk of the court is not liable for the release of information that is required by the Florida Rules of Judicial Administration to be identified by the filer as confidential if the filer fails to make the required identification of the confidential information to the clerk of the court. **(3) OFFICIAL RECORDS.—** A person who prepares or files a record for recording in the official records as provided in chapter 28 may not include in that record a social security number or a bank account, debit, charge, or credit card number unless otherwise expressly required by law. (a) If a social security number or a bank account, debit, charge, or credit card number is included in an official record, such number may be made available as part of the official records available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian. 1\. If such record is in electronic format, on January 1, 2011, and thereafter, the county recorder must use his or her best effort, as provided in paragraph (d), to keep social security numbers confidential and exempt as provided for in s. 119.071(5)(a), and to keep complete bank account, debit, charge, and credit card numbers exempt as provided for in s. 119.071(5)(b), without any person having to request redaction. 2\. Section 119.071(5)(a)7. and 8. does not apply to the county recorder with respect to official records. (b) The holder of a social security number or a bank account, debit, charge, or credit card number, or the holder’s attorney or legal guardian, may request that a county recorder redact from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the public, his or her social security number or bank account, debit, charge, or credit card number contained in that official record. 1\. A request for redaction must be a signed, legibly written request and must be delivered by mail, facsimile, electronic transmission, or in person to the county recorder. The request must specify the identification page number of the record that contains the number to be redacted. 2\. The county recorder does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction. 3\. A fee may not be charged for redacting a social security number or a bank account, debit, charge, or credit card number. (c) A county recorder shall immediately and conspicuously post signs throughout his or her offices for public viewing, and shall immediately and conspicuously post on any Internet website or remote electronic site made available by the county recorder and used for the ordering or display of official records or images or copies of official records, a notice stating, in substantially similar form, the following: 1\. On or after October 1, 2002, any person preparing or filing a record for recordation in the official records may not include a social security number or a bank account, debit, charge, or credit card number in such document unless required by law. 2\. Any person has a right to request a county recorder to remove from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the general public, any social security number contained in an official record. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission, or delivered in person, to the county recorder. The request must specify the identification page number that contains the social security number to be redacted. A fee may not be charged for the redaction of a social security number pursuant to such a request. (d) If the county recorder accepts or stores official records in an electronic format, the county recorder must use his or her best efforts to redact all social security numbers and bank account, debit, charge, or credit card numbers from electronic copies of the official record. The use of an automated program for redaction is deemed to be the best effort in performing the redaction and is deemed in compliance with the requirements of this subsection. (e) The county recorder is not liable for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, filed with the county recorder. (f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification number, and page number of the official record that contains the exempt information. #### 119.0715 Trade secrets held by an agency.— (1) DEFINITION.— “Trade secret” has the same meaning as in s. 688.002. (2) PUBLIC RECORD EXEMPTION.— A trade secret held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (3) AGENCY ACCESS.— An agency may disclose a trade secret to an officer or employee of another agency or governmental entity whose use of the trade secret is within the scope of his or her lawful duties and responsibilities. (4) LIABILITY.— An agency employee who, while acting in good faith and in the performance of his or her duties, releases a record containing a trade secret pursuant to this chapter is not liable, civilly or criminally, for such release. (5) OPEN GOVERNMENT SUNSET REVIEW.— This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature. #### 119.084 Copyright of data processing software created by governmental agencies; sale price and licensing fee.— (1) As used in this section, “agency” has the same meaning as in s. 119.011(2), except that the term does not include any private agency, person, partnership, corporation, or business entity. (2) An agency is authorized to acquire and hold a copyright for data processing software created by the agency and to enforce its rights pertaining to such copyright, provided that the agency complies with the requirements of this subsection. (a) An agency that has acquired a copyright for data processing software created by the agency may sell or license the copyrighted data processing software to any public agency or private person. The agency may establish a price for the sale and a licensing fee for the use of such data processing software that may be based on market considerations. However, the prices or fees for the sale or licensing of copyrighted data processing software to an individual or entity solely for application to information maintained or generated by the agency that created the copyrighted data processing software shall be determined pursuant to s. 119.07(4). (b) Proceeds from the sale or licensing of copyrighted data processing software shall be deposited by the agency into a trust fund for the agency’s appropriate use for authorized purposes. Counties, municipalities, and other political subdivisions of the state may designate how such sale and licensing proceeds are to be used. (c) The provisions of this subsection are supplemental to, and shall not supplant or repeal, any other provision of law that authorizes an agency to acquire and hold copyrights. #### 119.10 Violation of chapter; penalties.— (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. #### 119.11 Accelerated hearing; immediate compliance.— (1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. (2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period. (3) A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage. (4) Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to enforce the provisions of this chapter, the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption or the assertion that the requested record is not a public record subject to inspection and examination under s. 119.07(1), until the court directs otherwise. The person who has custody of such public record may, however, at any time permit inspection of the requested record as provided in s. 119.07(1) and other provisions of law. #### 119.12 Attorney fees.— (1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that: (a) The agency unlawfully refused to permit a public record to be inspected or copied; and (b) The complainant provided written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action, except as provided under subsection (2). The notice period begins on the day the written notice of the request is received by the custodian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed. (2) The complainant is not required to provide written notice of the public record request to the agency’s custodian of public records as provided in paragraph (1)(b) if the agency does not prominently post the contact information for the agency’s custodian of public records in the agency’s primary administrative building in which public records are routinely created, sent, received, maintained, and requested and on the agency’s website, if the agency has a website. (3) The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. If the court determines there was an improper purpose, the court may not assess and award the reasonable costs of enforcement, including reasonable attorney fees, to the complainant, and shall assess and award against the complainant and to the agency the reasonable costs, including reasonable attorney fees, incurred by the agency in responding to the civil action. For purposes of this subsection, the term “improper purpose” means a request to inspect or copy a public record or to participate in the civil action primarily to cause a violation of this chapter or for a frivolous purpose. (4) This section does not create a private right of action authorizing the award of monetary damages for a person who brings an action to enforce the provisions of this chapter. Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter. #### 119.15 Legislative review of exemptions from public meeting and public records requirements.— (1) This section may be cited as the “Open Government Sunset Review Act.” (2) This section provides for the review and repeal or reenactment of an exemption from s. 24, Art. I of the State Constitution and s. 119.07(1) or s. 286.011. This act does not apply to an exemption that: (a) Is required by federal law; or (b) Applies solely to the Legislature or the State Court System. (3) In the 5th year after enactment of a new exemption or substantial amendment of an existing exemption, the exemption shall be repealed on October 2nd of the 5th year, unless the Legislature acts to reenact the exemption. (4) (a) A law that enacts a new exemption or substantially amends an existing exemption must state that the record or meeting is: 1\. Exempt from s. 24, Art. I of the State Constitution; 2\. Exempt from s. 119.07(1) or s. 286.011; and 3\. Repealed at the end of 5 years and that the exemption must be reviewed by the Legislature before the scheduled repeal date. (b) For purposes of this section, an exemption is substantially amended if the amendment expands the scope of the exemption to include more records or information or to include meetings as well as records. An exemption is not substantially amended if the amendment narrows the scope of the exemption. (c) This section is not intended to repeal an exemption that has been amended following legislative review before the scheduled repeal of the exemption if the exemption is not substantially amended as a result of the review. (5) (a) By June 1 in the year before the repeal of an exemption under this section, the Office of Legislative Services shall certify to the President of the Senate and the Speaker of the House of Representatives the language and statutory citation of each exemption scheduled for repeal the following year. (b) An exemption that is not identified and certified to the President of the Senate and the Speaker of the House of Representatives is not subject to legislative review and repeal under this section. If the office fails to certify an exemption that it subsequently determines should have been certified, it shall include the exemption in the following year’s certification after that determination. (6) (a) As part of the review process, the Legislature shall consider the following: 1\. What specific records or meetings are affected by the exemption? 2\. Whom does the exemption uniquely affect, as opposed to the general public? 3\. What is the identifiable public purpose or goal of the exemption? 4\. Can the information contained in the records or discussed in the meeting be readily obtained by alternative means? If so, how? 5\. Is the record or meeting protected by another exemption? 6\. Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge? (b) An exemption may be created, revised, or maintained only if it serves an identifiable public purpose, and the exemption may be no broader than is necessary to meet the public purpose it serves. An identifiable public purpose is served if the exemption meets one of the following purposes and the Legislature finds that the purpose is sufficiently compelling to override the strong public policy of open government and cannot be accomplished without the exemption: 1\. Allows the state or its political subdivisions to effectively and efficiently administer a governmental program, which administration would be significantly impaired without the exemption; 2\. Protects information of a sensitive personal nature concerning individuals, the release of which information would be defamatory to such individuals or cause unwarranted damage to the good name or reputation of such individuals or would jeopardize the safety of such individuals. However, in exemptions under this subparagraph, only information that would identify the individuals may be exempted; or 3\. Protects information of a confidential nature concerning entities, including, but not limited to, a formula, pattern, device, combination of devices, or compilation of information which is used to protect or further a business advantage over those who do not know or use it, the disclosure of which information would injure the affected entity in the marketplace. (7) Records made before the date of a repeal of an exemption under this section may not be made public unless otherwise provided by law. In deciding whether the records shall be made public, the Legislature shall consider whether the damage or loss to persons or entities uniquely affected by the exemption of the type specified in subparagraph (6)(b)2. or subparagraph (6)(b)3. would occur if the records were made public. (8) Notwithstanding s. 768.28 or any other law, neither the state or its political subdivisions nor any other public body shall be made party to any suit in any court or incur any liability for the repeal or revival and reenactment of an exemption under this section. The failure of the Legislature to comply strictly with this section does not invalidate an otherwise valid reenactment. # 286.011 - Public meetings and records; public inspection; criminal and civil penalties Effective July 1, 2012 (Last Updated 2012) The charter school statute specifically states that charter schools are required to abide by section 286.011, relating to public meetings and records, public inspection, and criminal and civil penalties. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0200-0299/0286/Sections/0286.011.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0286/Sections/0286.011.html) #### 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3) (a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney’s fee against such agency, and may assess a reasonable attorney’s fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney’s fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney’s fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity’s attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter’s notes shall be fully transcribed and filed with the entity’s clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. # Florida Statutes - Other Important Statutes # 218.39 - Annual financial audit reports Effective July 1, 2022 (Last Updated 2021) The following statute talks about the requirements for the annual audit that each charter school must complete. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0200-0299/0218/Sections/0218.39.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0218/Sections/0218.39.html) #### 218.39 Annual financial audit reports.— (1) If, by the first day in any fiscal year, a local governmental entity, district school board, charter school, or charter technical career center has not been notified that a financial audit for that fiscal year will be performed by the Auditor General, each of the following entities shall have an annual financial audit of its accounts and records completed within 9 months after the end of its fiscal year by an independent certified public accountant retained by it and paid from its public funds: (a) Each county. (b) Any municipality with revenues or the total of expenditures and expenses in excess of $250,000, as reported on the fund financial statements. (c) Any special district with revenues or the total of expenditures and expenses in excess of $100,000, as reported on the fund financial statements. (d) Each district school board. (e) Each charter school established under s. 1002.33. (f) Each charter technical center established under s. 1002.34. (g) Each municipality with revenues or the total of expenditures and expenses between $100,000 and $250,000, as reported on the fund financial statements, which has not been subject to a financial audit pursuant to this subsection for the 2 preceding fiscal years. (h) As required by s. 163.387(8)(a), each community redevelopment agency with revenues or a total of expenditures and expenses in excess of $100,000, as reported on the trust fund financial statements. (i) Each special district with revenues or the total of expenditures and expenses between $50,000 and $100,000, as reported on the fund financial statement, which has not been subject to a financial audit pursuant to this subsection for the 2 preceding fiscal years. (2) The county audit report must be a single document that includes a financial audit of the county as a whole and, for each county agency other than a board of county commissioners, an audit of its financial accounts and records, including reports on compliance and internal control, management letters, and financial statements as required by rules adopted by the Auditor General. In addition, if a board of county commissioners elects to have a separate audit of its financial accounts and records in the manner required by rules adopted by the Auditor General for other county agencies, the separate audit must be included in the county audit report. (3) (a) A dependent special district, excluding a community redevelopment agency with revenues or a total of expenditures and expenses in excess of $100,000, as reported on the trust fund financial statements, may provide for an annual financial audit by being included in the audit of the local governmental entity upon which it is dependent. An independent special district may not make provision for an annual financial audit by being included in the audit of another local governmental entity. (b) A special district that is a component unit, as defined by generally accepted accounting principles, of a local governmental entity shall provide the local governmental entity, within a reasonable time period as established by the local governmental entity, with financial information necessary to comply with this section. The failure of a component unit to provide this financial information must be noted in the annual financial audit report of the local governmental entity. (c) The financial audit of a dependent special district or of an independent special district, or the financial audit of a local governmental entity that includes the information of a dependent special district as provided in paragraph (a), shall separately include and specify the information required in s. 218.32(1)(e)2.-5. (4) A management letter shall be prepared and included as a part of each financial audit report. (5) At the conclusion of the audit, the auditor shall discuss with the chair of the governing body of the local governmental entity or the chair’s designee, the elected official of each county agency or the elected official’s designee, the chair of the district school board or the chair’s designee, the chair of the board of the charter school or the chair’s designee, or the chair of the board of the charter technical career center or the chair’s designee, as appropriate, all of the auditor’s comments that will be included in the audit report. If the officer is not available to discuss the auditor’s comments, their discussion is presumed when the comments are delivered in writing to his or her office. The auditor shall notify each member of the governing body of a local governmental entity, district school board, charter school, or charter technical career center for which: (a) Deteriorating financial conditions exist that may cause a condition described in s. 218.503(1) to occur if actions are not taken to address such conditions. (b) A fund balance deficit in total or a deficit for that portion of a fund balance not classified as restricted, committed, or nonspendable, or a total or unrestricted net assets deficit, as reported on the fund financial statements of entities required to report under governmental financial reporting standards or on the basic financial statements of entities required to report under not-for-profit financial reporting standards, for which sufficient resources of the local governmental entity, charter school, charter technical career center, or district school board, as reported on the fund financial statements, are not available to cover the deficit. Resources available to cover reported deficits include fund balance or net assets that are not otherwise restricted by federal, state, or local laws, bond covenants, contractual agreements, or other legal constraints. Property, plant, and equipment, the disposal of which would impair the ability of a local governmental entity, charter school, charter technical career center, or district school board to carry out its functions, are not considered resources available to cover reported deficits. (6) The officer’s written statement of explanation or rebuttal concerning the auditor’s findings, including corrective action to be taken, must be filed with the governing body of the local governmental entity, district school board, charter school, or charter technical career center within 30 days after the delivery of the auditor’s findings. (7) All audits conducted pursuant to this section must be conducted in accordance with the rules of the Auditor General adopted pursuant to s. 11.45. Upon completion of the audit, the auditor shall prepare an audit report in accordance with the rules of the Auditor General. The audit report shall be filed with the Auditor General within 45 days after delivery of the audit report to the governing body of the audited entity, but no later than 9 months after the end of the audited entity’s fiscal year. The audit report must include a written statement describing corrective actions to be taken in response to each of the auditor’s recommendations included in the audit report. (8) The Auditor General shall notify the Legislative Auditing Committee of any audit report prepared pursuant to this section which indicates that an audited entity has failed to take full corrective action in response to a recommendation that was included in the two preceding financial audit reports. (a) The committee may direct the governing body of the audited entity to provide a written statement to the committee explaining why full corrective action has not been taken or, if the governing body intends to take full corrective action, describing the corrective action to be taken and when it will occur. (b) If the committee determines that the written statement is not sufficient, it may require the chair of the governing body of the local governmental entity or the chair’s designee, the elected official of each county agency or the elected official’s designee, the chair of the district school board or the chair’s designee, the chair of the board of the charter school or the chair’s designee, or the chair of the board of the charter technical career center or the chair’s designee, as appropriate, to appear before the committee. (c) If the committee determines that an audited entity has failed to take full corrective action for which there is no justifiable reason for not taking such action, or has failed to comply with committee requests made pursuant to this section, the committee may proceed in accordance with s. 11.40(2). (9) The predecessor auditor of a district school board shall provide the Auditor General access to the prior year’s working papers in accordance with the Statements on Auditing Standards, including documentation of planning, internal control, audit results, and other matters of continuing accounting and auditing significance, such as the working paper analysis of balance sheet accounts and those relating to contingencies. (10) Each charter school and charter technical career center must file a copy of its audit report with the sponsoring entity; the local district school board, if not the sponsoring entity; the Auditor General; and with the Department of Education. (11) This section does not apply to housing authorities created under chapter 421. (12) Notwithstanding the provisions of any local law, the provisions of this section shall govern. # 218.39 - Annual financial audit reports Effective July 1, 2022 (Last Updated 2021) The following statute talks about the requirements for the annual audit that each charter school must complete. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0200-0299/0218/Sections/0218.39.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0218/Sections/0218.39.html) #### 218.39 Annual financial audit reports.— (1) If, by the first day in any fiscal year, a local governmental entity, district school board, charter school, or charter technical career center has not been notified that a financial audit for that fiscal year will be performed by the Auditor General, each of the following entities shall have an annual financial audit of its accounts and records completed within 9 months after the end of its fiscal year by an independent certified public accountant retained by it and paid from its public funds: (a) Each county. (b) Any municipality with revenues or the total of expenditures and expenses in excess of $250,000, as reported on the fund financial statements. (c) Any special district with revenues or the total of expenditures and expenses in excess of $100,000, as reported on the fund financial statements. (d) Each district school board. (e) Each charter school established under s. 1002.33. (f) Each charter technical center established under s. 1002.34. (g) Each municipality with revenues or the total of expenditures and expenses between $100,000 and $250,000, as reported on the fund financial statements, which has not been subject to a financial audit pursuant to this subsection for the 2 preceding fiscal years. (h) As required by s. 163.387(8)(a), each community redevelopment agency with revenues or a total of expenditures and expenses in excess of $100,000, as reported on the trust fund financial statements. (i) Each special district with revenues or the total of expenditures and expenses between $50,000 and $100,000, as reported on the fund financial statement, which has not been subject to a financial audit pursuant to this subsection for the 2 preceding fiscal years. (2) The county audit report must be a single document that includes a financial audit of the county as a whole and, for each county agency other than a board of county commissioners, an audit of its financial accounts and records, including reports on compliance and internal control, management letters, and financial statements as required by rules adopted by the Auditor General. In addition, if a board of county commissioners elects to have a separate audit of its financial accounts and records in the manner required by rules adopted by the Auditor General for other county agencies, the separate audit must be included in the county audit report. (3) (a) A dependent special district, excluding a community redevelopment agency with revenues or a total of expenditures and expenses in excess of $100,000, as reported on the trust fund financial statements, may provide for an annual financial audit by being included in the audit of the local governmental entity upon which it is dependent. An independent special district may not make provision for an annual financial audit by being included in the audit of another local governmental entity. (b) A special district that is a component unit, as defined by generally accepted accounting principles, of a local governmental entity shall provide the local governmental entity, within a reasonable time period as established by the local governmental entity, with financial information necessary to comply with this section. The failure of a component unit to provide this financial information must be noted in the annual financial audit report of the local governmental entity. (c) The financial audit of a dependent special district or of an independent special district, or the financial audit of a local governmental entity that includes the information of a dependent special district as provided in paragraph (a), shall separately include and specify the information required in s. 218.32(1)(e)2.-5. (4) A management letter shall be prepared and included as a part of each financial audit report. (5) At the conclusion of the audit, the auditor shall discuss with the chair of the governing body of the local governmental entity or the chair’s designee, the elected official of each county agency or the elected official’s designee, the chair of the district school board or the chair’s designee, the chair of the board of the charter school or the chair’s designee, or the chair of the board of the charter technical career center or the chair’s designee, as appropriate, all of the auditor’s comments that will be included in the audit report. If the officer is not available to discuss the auditor’s comments, their discussion is presumed when the comments are delivered in writing to his or her office. The auditor shall notify each member of the governing body of a local governmental entity, district school board, charter school, or charter technical career center for which: (a) Deteriorating financial conditions exist that may cause a condition described in s. 218.503(1) to occur if actions are not taken to address such conditions. (b) A fund balance deficit in total or a deficit for that portion of a fund balance not classified as restricted, committed, or nonspendable, or a total or unrestricted net assets deficit, as reported on the fund financial statements of entities required to report under governmental financial reporting standards or on the basic financial statements of entities required to report under not-for-profit financial reporting standards, for which sufficient resources of the local governmental entity, charter school, charter technical career center, or district school board, as reported on the fund financial statements, are not available to cover the deficit. Resources available to cover reported deficits include fund balance or net assets that are not otherwise restricted by federal, state, or local laws, bond covenants, contractual agreements, or other legal constraints. Property, plant, and equipment, the disposal of which would impair the ability of a local governmental entity, charter school, charter technical career center, or district school board to carry out its functions, are not considered resources available to cover reported deficits. (6) The officer’s written statement of explanation or rebuttal concerning the auditor’s findings, including corrective action to be taken, must be filed with the governing body of the local governmental entity, district school board, charter school, or charter technical career center within 30 days after the delivery of the auditor’s findings. (7) All audits conducted pursuant to this section must be conducted in accordance with the rules of the Auditor General adopted pursuant to s. 11.45. Upon completion of the audit, the auditor shall prepare an audit report in accordance with the rules of the Auditor General. The audit report shall be filed with the Auditor General within 45 days after delivery of the audit report to the governing body of the audited entity, but no later than 9 months after the end of the audited entity’s fiscal year. The audit report must include a written statement describing corrective actions to be taken in response to each of the auditor’s recommendations included in the audit report. (8) The Auditor General shall notify the Legislative Auditing Committee of any audit report prepared pursuant to this section which indicates that an audited entity has failed to take full corrective action in response to a recommendation that was included in the two preceding financial audit reports. (a) The committee may direct the governing body of the audited entity to provide a written statement to the committee explaining why full corrective action has not been taken or, if the governing body intends to take full corrective action, describing the corrective action to be taken and when it will occur. (b) If the committee determines that the written statement is not sufficient, it may require the chair of the governing body of the local governmental entity or the chair’s designee, the elected official of each county agency or the elected official’s designee, the chair of the district school board or the chair’s designee, the chair of the board of the charter school or the chair’s designee, or the chair of the board of the charter technical career center or the chair’s designee, as appropriate, to appear before the committee. (c) If the committee determines that an audited entity has failed to take full corrective action for which there is no justifiable reason for not taking such action, or has failed to comply with committee requests made pursuant to this section, the committee may proceed in accordance with s. 11.40(2). (9) The predecessor auditor of a district school board shall provide the Auditor General access to the prior year’s working papers in accordance with the Statements on Auditing Standards, including documentation of planning, internal control, audit results, and other matters of continuing accounting and auditing significance, such as the working paper analysis of balance sheet accounts and those relating to contingencies. (10) Each charter school and charter technical career center must file a copy of its audit report with the sponsoring entity; the local district school board, if not the sponsoring entity; the Auditor General; and with the Department of Education. (11) This section does not apply to housing authorities created under chapter 421. (12) Notwithstanding the provisions of any local law, the provisions of this section shall govern. # 218.391 - Auditor selection procedures Effective July 1, 2022 (Last Updated 2019) The following statues provide requirements for the selection of an auditor which charter schools must abide by when selecting who will conduct the annual audit. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0200-0299/0218/Sections/0218.391.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0218/Sections/0218.391.html) #### 218.391 Auditor selection procedures.— (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a county, municipality, special district, district school board, charter school, or charter technical career center shall establish an auditor selection committee. (a) The auditor selection committee for a county must, at a minimum, consist of each of the county officers elected pursuant to the county charter or s. 1(d), Art. VIII of the State Constitution or their respective designees and one member of the board of county commissioners or its designee. (b) The auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three members. One member of the auditor selection committee must be a member of the governing body of an entity specified in this paragraph, who shall serve as the chair of the committee. (c) An employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may not serve as a member of an auditor selection committee established under this subsection; however, an employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may serve in an advisory capacity. (d) The primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the committee may serve other audit oversight purposes as determined by the entity’s governing body. The public may not be excluded from the proceedings under this section. (3) The auditor selection committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the auditor selection committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest-ranked qualified firm or must document in its public records the reason for not selecting the highest-ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. (9) If the entity fails to select the auditor in accordance with the requirements of subsections (3)-(6), the entity must again perform the auditor selection process in accordance with this section to select an auditor to conduct audits for subsequent fiscal years. # 943.082 - School Safety Awareness Program Effective July 1, 2023 (Last updated in 2023) The following statute regarding the mobile suspicious activity reporting tool is specifically required to be followed according to Florida’s charter school statute. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=0900-0999/0943/Sections/0943.082.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.082.html) #### 943.082 School Safety Awareness Program.— ** ** (1) In collaboration with the Department of Legal Affairs, the department shall competitively procure a mobile suspicious activity reporting tool that allows students and the community to relay information anonymously concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials. As recommended by students of Marjory Stoneman Douglas High School, the program shall be named “FortifyFL.” At a minimum, the department must receive reports electronically through the mobile suspicious activity reporting tool that is available on both Android and Apple devices. (2) The reporting tool must notify the reporting party of the following information: (a) That the reporting party may provide his or her report anonymously. (b) That if the reporting party chooses to disclose his or her identity, that information shall be shared with the appropriate law enforcement agency and school officials; however, the law enforcement agency and school officials shall be required to maintain the information as confidential. (c) That if, following an investigation, it is determined that a person knowingly submitted a false tip through FortifyFL, the Internet protocol (IP) address of the device on which the tip was submitted will be provided to law enforcement agencies for further investigation and the reporting party may be subject to criminal penalties under s. 837.05. In all other circumstances, unless the reporting party has chosen to disclose his or her identity, the report will remain anonymous. (3) Information reported using the tool must be promptly forwarded to the appropriate law enforcement agency or school official. (4) (a) Law enforcement dispatch centers, school districts, schools, and other entities identified by the department must be made aware of the mobile suspicious activity reporting tool. (b) The district school board shall promote the use of the mobile suspicious activity reporting tool by advertising it on the school district website, in newsletters, on school campuses, and in school publications, by installing it on all mobile devices issued to students, and by bookmarking the website on all computer devices issued to students. (5) The department, in collaboration with the Division of Victim Services within the Office of the Attorney General and the Office of Safe Schools within the Department of Education, shall develop and provide a comprehensive training and awareness program on the use of the mobile suspicious activity reporting tool. (6) The identity of the reporting party received through the mobile suspicious activity reporting tool and held by the department, the Department of Education, law enforcement agencies, or school officials is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any other information received through the mobile suspicious activity reporting tool and held by the department, the Department of Education, law enforcement agencies, or school officials is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. These exemptions apply to any such records held by these agencies before, on, or after the effective date of this act. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature. # 1002.20 - K-12 student and parent rights Effective July 1, 2023 (Last updated 2023) The following statutes are with regards to student and parent rights. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1002/Sections/1002.20.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.20.html) #### 1002.20 K-12 student and parent rights. Parents of public school students must receive accurate and timely information regarding their child’s academic progress and must be informed of ways they can help their child to succeed in school. K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following: **(1) SYSTEM OF EDUCATION.—** In accordance with s. 1, Art. IX of the State Constitution, all K-12 public school students are entitled to a uniform, safe, secure, efficient, and high quality system of education, one that allows students the opportunity to obtain a high quality education. Parents are responsible to ready their children for school; however, the State of Florida cannot be the guarantor of each individual student’s success. **(2) ATTENDANCE.—** (a) Compulsory school attendance.—The compulsory school attendance laws apply to all children between the ages of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a), and, in accordance with the provisions of s. 1003.21(1) and (2)(a): 1\. A student who attains the age of 16 years during the school year has the right to file a formal declaration of intent to terminate school enrollment if the declaration is signed by the parent. The parent has the right to be notified by the school district of the district’s receipt of the student’s declaration of intent to terminate school enrollment. 2\. Students who become or have become married or who are pregnant and parenting have the right to attend school and receive the same or equivalent educational instruction as other students. (b) Regular school attendance.—Parents of students who have attained the age of 6 years by February 1 of any school year but who have not attained the age of 16 years must comply with the compulsory school attendance laws. Parents have the option to comply with the school attendance laws by attendance of the student in a public school; a parochial, religious, or denominational school; a private school; a home education program; or a private tutoring program, in accordance with the provisions of s. 1003.01(16). (c) Absence for religious purposes.—A parent of a public school student may request and be granted permission for absence of the student from school for religious instruction or religious holidays, in accordance with the provisions of s. 1003.21(2)(b)1. (d) Absence for treatment of autism spectrum disorder.—A parent of a public school student may request and be granted permission for absence of the student from school for an appointment scheduled to receive a therapy service provided by a licensed health care practitioner or behavior analyst certified pursuant to s. 393.17 for the treatment of autism spectrum disorder pursuant to ss. 1003.21(2)(b)2. and 1003.24(4). (e) Dropout prevention and academic intervention programs.—The parent of a public school student has the right to receive written notice by certified mail prior to placement of the student in a dropout prevention and academic intervention program and shall be notified in writing and entitled to an administrative review of any action by school personnel relating to the student’s placement, in accordance with the provisions of s. 1003.53(5). **(3) HEALTH ISSUES.—** (a) School-entry health examinations.—The parent of any child attending a public or private school shall be exempt from the requirement of a health examination upon written request stating objections on religious grounds in accordance with the provisions of s. 1003.22(1) and (2). (b) Immunizations.—The parent of any child attending a public or private school shall be exempt from the school immunization requirements upon meeting any of the exemptions in accordance with the provisions of s. 1003.22(5). (c) Biological experiments.—Parents may request that their child be excused from performing surgery or dissection in biological science classes in accordance with the provisions of s. 1003.47. (d) Reproductive health and disease education.—A public school student whose parent makes written request to the school principal shall be exempted from the teaching of reproductive health or any disease, including HIV/AIDS, in accordance with s. 1003.42(5). 1\. Each school district shall, on the district’s website homepage, notify parents of this right and the process to request an exemption. The homepage must include a link for a student’s parent to access and review the instructional materials, as defined in s. 1006.29(2), used to teach the curriculum. 2\. Each school district shall annually review and confirm that the information provided on the district’s website homepage under subparagraph 1. is accurate and up to date and shall notify parents by physical or electronic means any time revisions are made to such information. (e) Contraceptive services to public school students.—In accordance with the provisions of s. 1006.062(7), students may not be referred to or offered contraceptive services at school facilities without the parent’s consent. (f) Career education courses involving hazardous substances.—High school students must be given plano safety glasses or devices in career education courses involving the use of hazardous substances likely to cause eye injury. (g) Substance abuse reports.—The parent of a public school student must be timely notified of any verified report of a substance abuse violation by the student, in accordance with the provisions of s. 1006.09(8). (h) Inhaler use.—Asthmatic students whose parent and physician provide their approval to the school principal may carry a metered dose inhaler on their person while in school. The school principal shall be provided a copy of the parent’s and physician’s approval. (i) Epinephrine use and supply.— 1\. A student who has experienced or is at risk for life-threatening allergic reactions may carry an epinephrine auto-injector and self-administer epinephrine by auto-injector while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities if the school has been provided with parental and physician authorization. The State Board of Education, in cooperation with the Department of Health, shall adopt rules for such use of epinephrine auto-injectors that shall include provisions to protect the safety of all students from the misuse or abuse of auto-injectors. A school district, county health department, public-private partner, and their employees and volunteers shall be indemnified by the parent of a student authorized to carry an epinephrine auto-injector for any and all liability with respect to the student’s use of an epinephrine auto-injector pursuant to this paragraph. 2\. A public school may purchase a supply of epinephrine auto-injectors from a wholesale distributor as defined in s. 499.003 or may enter into an arrangement with a wholesale distributor or manufacturer as defined in s. 499.003 for the epinephrine auto-injectors at fair-market, free, or reduced prices for use in the event a student has an anaphylactic reaction. The epinephrine auto-injectors must be maintained in a secure location on the public school’s premises. The participating school district shall adopt a protocol developed by a licensed physician for the administration by school personnel who are trained to recognize an anaphylactic reaction and to administer an epinephrine auto-injection. The supply of epinephrine auto-injectors may be provided to and used by a student authorized to self-administer epinephrine by auto-injector under subparagraph 1. or trained school personnel. 3\. The school district and its employees, agents, and the physician who provides the standing protocol for school epinephrine auto-injectors are not liable for any injury arising from the use of an epinephrine auto-injector administered by trained school personnel who follow the adopted protocol and whose professional opinion is that the student is having an anaphylactic reaction: a. Unless the trained school personnel’s action is willful and wanton; b. Notwithstanding that the parents or guardians of the student to whom the epinephrine is administered have not been provided notice or have not signed a statement acknowledging that the school district is not liable; and c. Regardless of whether authorization has been given by the student’s parents or guardians or by the student’s physician, physician assistant, or advanced practice registered nurse. (j) Diabetes management.—A school district may not restrict the assignment of a student who has diabetes to a particular school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have trained diabetes personnel. Diabetic students whose parent and physician provide their written authorization to the school principal may carry diabetic supplies and equipment on their person and attend to the management and care of their diabetes while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities to the extent authorized by the parent and physician and within the parameters set forth by State Board of Education rule. The written authorization shall identify the diabetic supplies and equipment that the student is authorized to carry and shall describe the activities the child is capable of performing without assistance, such as performing blood-glucose level checks and urine ketone testing, administering insulin through the insulin-delivery system used by the student, and treating hypoglycemia and hyperglycemia. The State Board of Education, in cooperation with the Department of Health, shall adopt rules to encourage every school in which a student with diabetes is enrolled to have personnel trained in routine and emergency diabetes care. The State Board of Education, in cooperation with the Department of Health, shall also adopt rules for the management and care of diabetes by students in schools that include provisions to protect the safety of all students from the misuse or abuse of diabetic supplies or equipment. A school district, county health department, and public-private partner, and the employees and volunteers of those entities, shall be indemnified by the parent of a student authorized to carry diabetic supplies or equipment for any and all liability with respect to the student’s use of such supplies and equipment pursuant to this paragraph. (k) Use of prescribed pancreatic enzyme supplements.—A student who has experienced or is at risk for pancreatic insufficiency or who has been diagnosed as having cystic fibrosis may carry and self-administer a prescribed pancreatic enzyme supplement while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities if the school has been provided with authorization from the student’s parent and prescribing practitioner. The State Board of Education, in cooperation with the Department of Health, shall adopt rules for the use of prescribed pancreatic enzyme supplements which shall include provisions to protect the safety of all students from the misuse or abuse of the supplements. A school district, county health department, public-private partner, and their employees and volunteers shall be indemnified by the parent of a student authorized to use prescribed pancreatic enzyme supplements for any and all liability with respect to the student’s use of the supplements under this paragraph. (l) Notification of involuntary examinations.— 1\. Except as provided in subparagraph 2., the public school principal or the principal’s designee shall make a reasonable attempt to notify the parent of a student before the student is removed from school, school transportation, or a school-sponsored activity to be taken to a receiving facility for an involuntary examination pursuant to s. 394.463. For purposes of this subparagraph, “a reasonable attempt to notify” means the exercise of reasonable diligence and care by the principal or the principal’s designee to make contact with the student’s parent, guardian, or other known emergency contact whom the student’s parent or guardian has authorized to receive notification of an involuntary examination. At a minimum, the principal or the principal’s designee must take the following actions: a. Use available methods of communication to contact the student’s parent, guardian, or other known emergency contact, including, but not limited to, telephone calls, text messages, e-mails, and voice mail messages following the decision to initiate an involuntary examination of the student. b. Document the method and number of attempts made to contact the student’s parent, guardian, or other known emergency contact, and the outcome of each attempt. A principal or his or her designee who successfully notifies any other known emergency contact may share only the information necessary to alert such contact that the parent or caregiver must be contacted. All such information must be in compliance with federal and state law. 2\. The principal or the principal’s designee may delay the required notification for no more than 24 hours after the student is removed if: a. The principal or the principal’s designee deems the delay to be in the student’s best interest and a report has been submitted to the central abuse hotline, pursuant to s. 39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect; or b. The principal or principal’s designee reasonably believes that such delay is necessary to avoid jeopardizing the health and safety of the student. 3\. Before a principal or his or her designee contacts a law enforcement officer, he or she must verify that de-escalation strategies have been utilized and outreach to a mobile response team has been initiated unless the principal or the principal’s designee reasonably believes that any delay in removing the student will increase the likelihood of harm to the student or others. This requirement does not supersede the authority of a law enforcement officer to act under s. 394.463. Each district school board shall develop a policy and procedures for notification under this paragraph. (m) Sun-protective measures in school.—A student may possess and use a topical sunscreen product while on school property or at a school-sponsored event or activity without a physician’s note or prescription if the product is regulated by the United States Food and Drug Administration for over-the-counter use to limit ultraviolet light-induced skin damage. (n) Face covering mandates and quarantine mandates in response to COVID-19.— 1\. A district school board, a district school superintendent, an elected or appointed local official, or any district school board employee may not: a. Require a student to wear a face mask, a face shield, or any other facial covering that fits over the mouth or nose. However, a parent, at the parent’s sole discretion, may allow his or her child to wear a face mask, a face shield, or any other facial covering that fits over the mouth or nose. This prohibition does not apply to safety equipment required as part of a course of study consistent with occupational or laboratory safety requirements. b. Prohibit a student from attending school or school-sponsored activities, prohibit a student from being on school property, or subject a student to restrictions or disparate treatment, based on an exposure to COVID-19, so long as the student remains asymptomatic and has not received a positive test for COVID-19 as defined in s. 381.00319(1). A parent of a student, a student who is an emancipated minor, or a student who is 18 years of age or older may bring an action against the school district to obtain a declaratory judgment that an act or practice violates this subparagraph and to seek injunctive relief. A prevailing parent or student, as applicable, must be awarded reasonable attorney fees and court costs. 2\. A district school board, a district school superintendent, an elected or appointed local official, or any school district employee may not prohibit an employee from returning to work or subject an employee to restrictions or disparate treatment based on an exposure to COVID-19 so long as the employee remains asymptomatic and has not received a positive test for COVID-19 as defined in s. 381.00319(1). (o) Naloxone use and supply.— 1\. A public school may purchase a supply of the opioid antagonist naloxone from a wholesale distributor as defined in s. 499.003 or may enter into an arrangement with a wholesale distributor or manufacturer as defined in s. 499.003 for naloxone at fair-market, free, or reduced prices for use in the event that a student has an opioid overdose. The naloxone must be maintained in a secure location on the public school’s premises. 2\. A school district employee who administers an approved emergency opioid antagonist to a student in compliance with ss. 381.887 and 768.13 is immune from civil liability under s. 768.13. (p) Use and possession of headache medications.—A student may possess and use a medication to relieve headaches while on school property or at a school-sponsored event or activity without a physician’s note or prescription if the medication is regulated by the United States Food and Drug Administration for over-the-counter use to treat headaches. **(4) DISCIPLINE.—** (a) Suspension of public school student.—In accordance with the provisions of s. 1006.09(1)-(4): 1\. A student may be suspended only as provided by rule of the district school board. A good faith effort must be made to immediately inform the parent by telephone of the student’s suspension and the reason. Each suspension and the reason must be reported in writing within 24 hours to the parent by United States mail. A good faith effort must be made to use parental assistance before suspension unless the situation requires immediate suspension. 2\. A student with a disability may only be recommended for suspension or expulsion in accordance with State Board of Education rules. (b) Expulsion.—Public school students and their parents have the right to written notice of a recommendation of expulsion, including the charges against the student and a statement of the right of the student to due process, in accordance with the provisions of s. 1006.08(1). (c) Corporal punishment.— 1\. In accordance with the provisions of s. 1003.32, corporal punishment of a public school student may only be administered by a teacher or school principal within guidelines of the school principal and according to district school board policy. Another adult must be present and must be informed in the student’s presence of the reason for the punishment. Upon request, the teacher or school principal must provide the parent with a written explanation of the reason for the punishment and the name of the other adult who was present. 2\. A district school board having a policy authorizing the use of corporal punishment as a form of discipline shall review its policy on corporal punishment once every 3 years during a district school board meeting held pursuant to s. 1001.372. The district school board shall take public testimony at the board meeting. If such board meeting is not held in accordance with this subparagraph, the portion of the district school board’s policy authorizing corporal punishment expires. **(5) SAFETY.—** In accordance with the provisions of s. 1006.13(6), students who have been victims of certain felony offenses by other students, as well as the siblings of the student victims, have the right to be kept separated from the student offender both at school and during school transportation. **(6) EDUCATIONAL CHOICE.—** (a) Public educational school choices.—Parents of public school students may seek any public educational school choice options that are applicable and available to students throughout the state. These options may include controlled open enrollment, single-gender programs, lab schools, virtual instruction programs, charter schools, charter technical career centers, magnet schools, alternative schools, special programs, auditory-oral education programs, advanced placement, dual enrollment, International Baccalaureate, International General Certificate of Secondary Education (pre-AICE), CAPE digital tools, CAPE industry certifications, early college programs, Advanced International Certificate of Education, early admissions, credit by examination or demonstration of competency, the New World School of the Arts, the Florida School for the Deaf and the Blind, and the Florida Virtual School. These options may also include the public educational choice options of the Opportunity Scholarship Program and the McKay Scholarships for Students with Disabilities Program. (b) Private educational choices.—Parents of public school students may seek private educational choice options under certain programs established under this chapter. (c) Home education.—The parent of a student may choose to place the student in a home education program in accordance with the provisions of s. 1002.41. (d) Private tutoring.—The parent of a student may choose to place the student in a private tutoring program in accordance with the provisions of s. 1002.43(1). **(7) NONDISCRIMINATION.—** All education programs, activities, and opportunities offered by public educational institutions must be made available without discrimination on the basis of race, ethnicity, national origin, gender, disability, religion, or marital status, in accordance with the provisions of s. 1000.05. **(8) STUDENTS WITH DISABILITIES.—** Parents of public school students with disabilities and parents of public school students in residential care facilities are entitled to notice and due process in accordance with the provisions of ss. 1003.57 and 1003.58. Public school students with disabilities must be provided the opportunity to meet the graduation requirements for a standard high school diploma as set forth in s. 1003.4282 in accordance with the provisions of ss. 1003.57 and 1008.22. **(9) BLIND STUDENTS.—** Blind students have the right to an individualized written education program and appropriate instructional materials to attain literacy, in accordance with provisions of s. 1003.55. **(10) LIMITED ENGLISH PROFICIENT STUDENTS.—** In accordance with the provisions of s. 1003.56, limited English proficient students have the right to receive ESOL (English for Speakers of Other Languages) instruction designed to develop the student’s mastery of listening, speaking, reading, and writing in English as rapidly as possible, and the students’ parents have the right of parental involvement in the ESOL program. **(11) STUDENTS WITH READING AND MATHEMATICS DEFICIENCIES.—** The parent of any K-3 student who exhibits a substantial reading deficiency or the characteristics of dyslexia pursuant to s. 1008.25(5) or any K-4 student who exhibits a substantial deficiency in mathematics or the characteristics of dyscalculia pursuant to s. 1008.25(6) shall be immediately notified of the student’s deficiency and consulted in the development of a plan, as described in s. 1008.25(4)(b). **(12) PLEDGE OF ALLEGIANCE.—** A public school student must be excused from reciting the pledge of allegiance upon written request by the student’s parent, in accordance with the provisions of s. 1003.44. **(13) STUDENT RECORDS.—** (a) Parent rights.—Parents have rights regarding the student records of their children, including right of access, right of waiver of access, right to challenge and hearing, and right of privacy, in accordance with the provisions of s. 1002.22. (b) Student rights.—In accordance with the provisions of s. 1008.386, a student is not required to provide his or her social security number as a condition for enrollment or graduation. **(14) STUDENT REPORT CARDS.—** Students and their parents have the right to receive student report cards on a regular basis that clearly depict and grade the student’s academic performance in each class or course, the student’s conduct, and the student’s attendance, in accordance with the provisions of s. 1003.33. **(15) STUDENT PROGRESS REPORTS.—** Parents of public school students shall be apprised at regular intervals of the academic progress and other needed information regarding their child, in accordance with the provisions of s. 1003.02(1)(h)2. **(16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING REPORTS; FISCAL TRANSPARENCY.—** Parents of public school students have the right to an easy-to-read report card about the school’s grade designation or, if applicable under s. 1008.341, the school’s improvement rating, and the school’s accountability report, including the school financial report as required under s. 1010.215. The school financial report must be provided to the parents and indicate the average amount of money expended per student in the school, which must also be included in the student handbook or a similar publication. **(17) ATHLETICS; PUBLIC HIGH SCHOOL.—** (a) Eligibility.—Eligibility requirements for all students participating in high school athletic competition must allow a student to be immediately eligible in the school in which he or she first enrolls each school year, the school in which the student makes himself or herself a candidate for an athletic team by engaging in practice before enrolling, or the school to which the student has transferred, in accordance with s. 1006.20(2)(a). (b) Medical evaluation.—Students must satisfactorily pass a medical evaluation each year before participating in athletics, unless the parent objects in writing based on religious tenets or practices, in accordance with the provisions of s. 1006.20(2)(d). **(18) EXTRACURRICULAR ACTIVITIES.—** In accordance with the provisions of s. 1006.15: (a) Eligibility.—Students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities. (b) Home education students.—Home education students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities at the public school to which the student would be assigned or could choose to attend according to district school board policies, or may develop an agreement to participate at a private school. (c) Charter school students.—Charter school students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities at the public school to which the student would be assigned or could choose to attend according to district school board policies, or may develop an agreement to participate at a private school, unless such activity is provided by the student’s charter school. (d) Florida Virtual School full-time students.—Florida Virtual School full-time students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities at the public school to which the student would be assigned or could choose to attend according to district school board policies, or may develop an agreement to participate at a private school. (e) Discrimination prohibited.—Organizations that regulate or govern extracurricular activities of public schools shall not discriminate against any eligible student based on an educational choice of public, private, or home education. **(19) INSTRUCTIONAL MATERIALS.—** (a) Core courses.—Each public school student is entitled to sufficient instructional materials in the core courses of mathematics, language arts, social studies, science, reading, and literature, in accordance with the provisions of ss. 1003.02(1)(d) and 1006.40(2). (b) Curricular objectives.—The parent of each public school student has the right to receive effective communication from the school principal as to the manner in which instructional materials are used to implement the school’s curricular objectives, in accordance with the provisions of s. 1006.28(4)(a). (c) Sale of instructional materials.—Upon request of the parent of a public school student, the school principal must sell to the parent any instructional materials used in the school, in accordance with the provisions of s. 1006.28(4)(c). (d) Dual enrollment students.—Instructional materials purchased by a district school board or Florida College System institution board of trustees on behalf of public school dual enrollment students shall be made available to the dual enrollment students free of charge, in accordance with s. 1007.271(17). **(20) JUVENILE JUSTICE PROGRAMS.—** Students who are in juvenile justice programs have the right to receive educational programs and services in accordance with the provisions of s. 1003.52. **(21) PARENTAL INPUT AND MEETINGS.—** (a) Meetings with school district personnel.—Parents of public school students may be accompanied by another adult of their choice at a meeting with school district personnel. School district personnel may not object to the attendance of such adult or discourage or attempt to discourage, through an action, statement, or other means, the parents of students with disabilities from inviting another person of their choice to attend a meeting. Such prohibited actions include, but are not limited to, attempted or actual coercion or harassment of parents or students or retaliation or threats of consequences to parents or students. 1\. Such meetings include, but are not limited to, meetings related to: the eligibility for exceptional student education or related services; the development of an individual family support plan (IFSP); the development of an individual education plan (IEP); the development of a 504 accommodation plan issued under s. 504 of the Rehabilitation Act of 1973; the transition of a student from early intervention services to other services; the development of postsecondary goals for a student with a disability and the transition services needed to reach those goals; and other issues that may affect the educational environment, discipline, or placement of a student with a disability. 2\. The parents and school district personnel attending the meeting shall sign a document at the meeting’s conclusion which states whether any school district personnel have prohibited, discouraged, or attempted to discourage the parents from inviting a person of their choice to the meeting. (b) District school board educational facilities programs.—Parents of public school students and other members of the public have the right to receive proper public notice and opportunity for public comment regarding the district school board’s educational facilities work program, in accordance with the provisions of s. 1013.35. **(22) TRANSPORTATION.—** (a) Transportation to school.—Public school students shall be provided transportation to school, in accordance with s. 1006.21(3)(a). Public school students may be provided transportation to school in accordance with the controlled open enrollment provisions of s. 1002.31(2). (b) Hazardous walking conditions.—K-6 public school students shall be provided transportation if they are subjected to hazardous walking conditions, in accordance with the provisions of ss. 1006.21(3)(b) and 1006.23. (c) Parental consent.—Each parent of a public school student must be notified in writing and give written consent before the student may be transported in a privately owned motor vehicle to a school function. **(23) ORDERLY, DISCIPLINED CLASSROOMS.—** Public school students shall be in orderly, disciplined classrooms conducive to learning without the distraction caused by disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students, in accordance with s. 1003.32. **(24) ECONOMIC SECURITY REPORT.—** Beginning in the 2014-2015 school year and annually thereafter, each middle school and high school student or the student’s parent prior to registration shall be provided a two-page summary of the Department of Economic Opportunity’s economic security report of employment and earning outcomes prepared pursuant to s. 445.07 and electronic access to the report. **(25) SAFE SCHOOLS.—** (a) School safety and emergency incidents.—Parents of public school students have a right to timely notification of threats, unlawful acts, and significant emergencies pursuant to s. 1006.07(4) and (7). (b) School environmental safety incident reporting.—Parents of public school students have a right to access school safety and discipline incidents as reported pursuant to s. 1006.07(9). # 1002.221 - K-12 education records; public records exemption K-12 Educational Records – 1002.221 Florida Statutes Effective July 1, 2022 (Last Updated in 2014) The following laws are regarding your students records, and do apply to the students in charter schools. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1002/Sections/1002.221.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.221.html) #### 1002.221 K-12 education records; public records exemption.— (1) Education records, as defined in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal regulations issued pursuant thereto, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (2) (a) An agency or institution, as defined in s. 1002.22, may not release a student’s education records without the written consent of the student or parent to any individual, agency, or organization, except in accordance with and as permitted by the FERPA. (b) Education records released by an agency or institution, as defined in s. 1002.22, to the Auditor General or the Office of Program Policy Analysis and Government Accountability, which are necessary for such agencies to perform their official duties and responsibilities, must be used and maintained by the Auditor General and the Office of Program Policy Analysis and Government Accountability in accordance with the FERPA. (c) In accordance with the FERPA and the federal regulations issued pursuant to the FERPA, an agency or institution, as defined in s. 1002.22, may release a student’s education records without written consent of the student or parent to parties to an interagency agreement among the Department of Juvenile Justice, the school, law enforcement authorities, and other signatory agencies. Information provided in furtherance of an interagency agreement is intended solely for use in determining the appropriate programs and services for each juvenile or the juvenile’s family, or for coordinating the delivery of the programs and services, and as such is inadmissible in any court proceeding before a dispositional hearing unless written consent is provided by a parent or other responsible adult on behalf of the juvenile. # 1006.07 - District school board duties relating to student discipline and school safety Effective July 1, 2023 (Last updated 2023) As part of the Marjory Stoneman Douglas High School Public Safety Act this law was amended to include additional responsibilities regarding student safety requirements. Specifically states that charters are not exempt from statutes regarding student safety. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1003/Sections/1003.03.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1003/Sections/1003.03.html) #### 1006.07 District school board duties relating to student discipline and school safety.— The district school board shall provide for the proper accounting for all students, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students, including: **(1) CONTROL OF STUDENTS.—** (a) Adopt rules for the control, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the student’s parent must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The district school board may prohibit the use of corporal punishment, if the district school board adopts or has adopted a written program of alternative control or discipline. (b) Require each student at the time of initial registration for school in the school district to note previous school expulsions, arrests resulting in a charge, juvenile justice actions, and any corresponding referral to mental health services by the school district, and have the authority as the district school board of a receiving school district to honor the final order of expulsion or dismissal of a student by any in-state or out-of-state public district school board or private school, or lab school, for an act which would have been grounds for expulsion according to the receiving district school board’s code of student conduct, in accordance with the following procedures: 1\. A final order of expulsion shall be recorded in the records of the receiving school district. 2\. The expelled student applying for admission to the receiving school district shall be advised of the final order of expulsion. 3\. The district school superintendent of the receiving school district may recommend to the district school board that the final order of expulsion be waived and the student be admitted to the school district, or that the final order of expulsion be honored and the student not be admitted to the school district. If the student is admitted by the district school board, with or without the recommendation of the district school superintendent, the student may be placed in an appropriate educational program and referred to mental health services identified by the school district pursuant to s. 1012.584(4), when appropriate, at the direction of the district school board. **(2) CODE OF STUDENT CONDUCT.—** Adopt a code of student conduct for elementary schools and a code of student conduct for middle and high schools and distribute the appropriate code to all teachers, school personnel, students, and parents, at the beginning of every school year. Each code shall be organized and written in language that is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory council meetings, and parent and teacher association or organization meetings. Each code shall be based on the rules governing student conduct and discipline adopted by the district school board and shall be made available in the student handbook or similar publication. Each code shall include, but is not limited to: (a) Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, and any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances as defined in chapter 893. (b) Procedures to be followed for acts requiring discipline, including corporal punishment. (c) An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities. (d) 1\. An explanation of the responsibilities of each student with regard to appropriate dress, respect for self and others, and the role that appropriate dress and respect for self and others has on an orderly learning environment. Each district school board shall adopt a dress code policy that prohibits a student, while on the grounds of a public school during the regular school day, from wearing clothing that exposes underwear or body parts in an indecent or vulgar manner or that disrupts the orderly learning environment. 2\. Any student who violates the dress policy described in subparagraph 1. is subject to the following disciplinary actions: a. For a first offense, a student shall be given a verbal warning and the school principal shall call the student’s parent or guardian. b. For a second offense, the student is ineligible to participate in any extracurricular activity for a period of time not to exceed 5 days and the school principal shall meet with the student’s parent or guardian. c. For a third or subsequent offense, a student shall receive an in-school suspension pursuant to s. 1003.01(13) for a period not to exceed 3 days, the student is ineligible to participate in any extracurricular activity for a period not to exceed 30 days, and the school principal shall call the student’s parent or guardian and send the parent or guardian a written letter regarding the student’s in-school suspension and ineligibility to participate in extracurricular activities. (e) Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, by any student while the student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed. (f) Notice that use of a wireless communications device includes the possibility of the imposition of disciplinary action by the school or criminal penalties if the device is used in a criminal act. A student may possess a wireless communications device while the student is on school property or in attendance at a school function; however, a student may not use a wireless communications device during instructional time, except when expressly directed by a teacher solely for educational purposes. A teacher shall designate an area for wireless communications devices during instructional time. Each district school board shall adopt rules governing the use of a wireless communications device by a student while the student is on school property or in attendance at a school function. (g) Notice that the possession of a firearm or weapon as defined in chapter 790 by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution. Simulating a firearm or weapon while playing or wearing clothing or accessories that depict a firearm or weapon or express an opinion regarding a right guaranteed by the Second Amendment to the United States Constitution is not grounds for disciplinary action or referral to the criminal justice or juvenile justice system under this section or s. 1006.13. Simulating a firearm or weapon while playing includes, but is not limited to: 1\. Brandishing a partially consumed pastry or other food item to simulate a firearm or weapon. 2\. Possessing a toy firearm or weapon that is 2 inches or less in overall length. 3\. Possessing a toy firearm or weapon made of plastic snap-together building blocks. 4\. Using a finger or hand to simulate a firearm or weapon. 5\. Vocalizing an imaginary firearm or weapon. 6\. Drawing a picture, or possessing an image, of a firearm or weapon. 7\. Using a pencil, pen, or other writing or drawing utensil to simulate a firearm or weapon. However, a student may be subject to disciplinary action if simulating a firearm or weapon while playing substantially disrupts student learning, causes bodily harm to another person, or places another person in reasonable fear of bodily harm. The severity of consequences imposed upon a student, including referral to the criminal justice or juvenile justice system, must be proportionate to the severity of the infraction and consistent with district school board policies for similar infractions. If a student is disciplined for such conduct, the school principal or his or her designee must call the student’s parent. Disciplinary action resulting from a student’s clothing or accessories shall be determined pursuant to paragraph (d) unless the wearing of the clothing or accessory causes a substantial disruption to student learning, in which case the infraction may be addressed in a manner that is consistent with district school board policies for similar infractions. This paragraph does not prohibit a public school from adopting a school uniform policy. (h) Notice that violence against any district school board personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed. (i) Notice that violation of district school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student’s privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed. (j) Notice that violation of the district school board’s sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed. (k) Policies to be followed for the assignment of violent or disruptive students to an alternative educational program or referral of such students to mental health services identified by the school district pursuant to s. 1012.584(4). (l) Notice that any student who is determined to have brought a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation, or to have possessed a firearm at school, will be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than 1 full year and referred to mental health services identified by the school district pursuant to s. 1012.584(4) and the criminal justice or juvenile justice system. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system. (m) Notice that any student who is determined to have made a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel’s property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than 1 full year and referred for criminal prosecution and mental health services identified by the school district pursuant to s. 1012.584(4) for evaluation or treatment, when appropriate. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system. (n) Criteria for recommending to law enforcement that a student who commits a criminal offense be allowed to participate in a civil citation or similar prearrest diversion program as an alternative to expulsion or arrest. All civil citation or similar prearrest diversion programs must comply with s. 985.12. (o) Criteria for assigning a student who commits a petty act of misconduct, as defined by the district school board pursuant to s. 1006.13(2)(c), to a school-based intervention program. If a student’s assignment is based on a noncriminal offense, the student’s participation in a school-based intervention program may not be entered into the Juvenile Justice Information System Prevention Web. **(3) STUDENT CRIME WATCH PROGRAM.—** By resolution of the district school board, implement a student crime watch program to promote responsibility among students and improve school safety. The student crime watch program shall allow students and the community to anonymously relay information concerning unsafe and potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials. **(4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—** (a) Formulate and prescribe policies and procedures, in consultation with the appropriate public safety agencies, for emergency drills and for actual emergencies, including, but not limited to, fires, natural disasters, active assailant and hostage situations, and bomb threats, for all students and faculty at all public schools of the district composed of grades K-12, pursuant to State Board of Education rules. Drills for active assailant and hostage situations must be conducted in accordance with developmentally appropriate and age-appropriate procedures, as specified in State Board of Education rules. Law enforcement officers responsible for responding to the school in the event of an active assailant emergency, as determined necessary by the sheriff in coordination with the district’s school safety specialist, must be physically present on campus and directly involved in the execution of active assailant emergency drills. School districts must notify law enforcement officers at least 24 hours before conducting an active assailant emergency drill at which such law enforcement officers are expected to attend. District school board policies must include commonly used alarm system responses for specific types of emergencies and verification by each school that drills have been provided as required by law, State Board of Education rules, and fire protection codes and may provide accommodations for drills conducted by exceptional student education centers. District school boards shall establish emergency response and emergency preparedness policies and procedures that include, but are not limited to, identifying the individuals responsible for contacting the primary emergency response agency and the emergency response agency responsible for notifying the school district for each type of emergency. The State Board of Education shall refer to recommendations provided in reports published pursuant to s. 943.687 for guidance and, by August 1, 2023, consult with state and local constituencies to adopt rules applicable to the requirements of this subsection which, at a minimum, define the terms “emergency drill,” “active threat,” and “after-action report” and establish minimum emergency drill policies and procedures related to the timing, frequency, participation, training, notification, accommodations, and responses to threat situations by incident type, school level, school type, and student and school characteristics. The rules must require all types of emergency drills to be conducted no less frequently than on an annual school year basis. (b) Provide timely notification to parents of threats pursuant to policies adopted under subsection (7) and the following unlawful acts or significant emergencies that occur on school grounds, during school transportation, or during school-sponsored activities: 1\. Weapons possession or use when there is intended harm toward another person, hostage, and active assailant situations. The active assailant situation training for each school must engage the participation of the district school safety specialist, threat management team members, faculty, staff, and students and must be conducted by the law enforcement agency or agencies that are designated as first responders to the school’s campus. 2\. Murder, homicide, or manslaughter. 3\. Sex offenses, including rape, sexual assault, or sexual misconduct with a student by school personnel. 4\. Natural emergencies, including hurricanes, tornadoes, and severe storms. 5\. Exposure as a result of a manmade emergency. (c) Beginning with the 2021-2022 school year, each public school, including charter schools, shall implement a mobile panic alert system capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies. Such system, known as “Alyssa’s Alert,” must integrate with local public safety answering point infrastructure to transmit 911 calls and mobile activations. (d) In addition to the requirements of paragraph (c), a public school district may implement additional strategies or systems to ensure real-time coordination between multiple first responder agencies in a school security emergency. (e) For the 2020-2021 fiscal year and subject to the appropriation of funds in the General Appropriations Act for this purpose, the department shall issue a competitive solicitation to contract for a mobile panic alert system that may be used by each school district. The department shall consult with the Marjory Stoneman Douglas High School Public Safety Commission, the Department of Law Enforcement, and the Division of Emergency Management in the development of the competitive solicitation for the mobile panic alert system. (f) Establish a schedule to test the functionality and coverage capacity of all emergency communication systems and determine if adequate signal strength is available in all areas of the school’s campus. **(5) EDUCATIONAL SERVICES IN DETENTION FACILITIES.—** Offer educational services to minors who have not graduated from high school and eligible students with disabilities under the age of 22 who have not graduated with a standard diploma or its equivalent who are detained in a county or municipal detention facility as defined in s. 951.23. These educational services shall be based upon the estimated length of time the student will be in the facility and the student’s current level of functioning. District school superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or his or her designee, upon the assignment of a student under the age of 21 to the facility. A cooperative agreement with the district school board and applicable law enforcement units shall be developed to address the notification requirement and the provision of educational services to these students. **(6) SAFETY AND SECURITY BEST PRACTICES.—** Each district school superintendent shall establish policies and procedures for the prevention of violence on school grounds, including the assessment of and intervention with individuals whose behavior poses a threat to the safety of the school community. (a) School safety specialist.—Each district school superintendent shall designate a school safety specialist for the district. The school safety specialist must be a school administrator employed by the school district or a law enforcement officer employed by the sheriff’s office located in the school district. Any school safety specialist designated from the sheriff’s office must first be authorized and approved by the sheriff employing the law enforcement officer. Any school safety specialist designated from the sheriff’s office remains the employee of the office for purposes of compensation, insurance, workers’ compensation, and other benefits authorized by law for a law enforcement officer employed by the sheriff’s office. The sheriff and the school superintendent may determine by agreement the reimbursement for such costs, or may share the costs, associated with employment of the law enforcement officer as a school safety specialist. The school safety specialist must earn a certificate of completion of the school safety specialist training provided by the Office of Safe Schools within 1 year after appointment and is responsible for the supervision and oversight for all school safety and security personnel, policies, and procedures in the school district. The school safety specialist shall: 1\. Review school district policies and procedures for compliance with state law and rules, including the district’s timely and accurate submission of school environmental safety incident reports to the department pursuant to s. 1001.212(8). 2\. Provide the necessary training and resources to students and school district staff in matters relating to youth mental health awareness and assistance; emergency procedures, including active shooter training; and school safety and security. 3\. Serve as the school district liaison with local public safety agencies and national, state, and community agencies and organizations in matters of school safety and security. 4\. In collaboration with the appropriate public safety agencies, as that term is defined in s. 365.171, by October 1 of each year, conduct a school security risk assessment at each public school using the Florida Safe Schools Assessment Tool developed by the Office of Safe Schools pursuant to s. 1006.1493. Based on the assessment findings, the district’s school safety specialist shall provide recommendations to the district school superintendent and the district school board which identify strategies and activities that the district school board should implement in order to address the findings and improve school safety and security. Each district school board must receive such findings and the school safety specialist’s recommendations at a publicly noticed district school board meeting to provide the public an opportunity to hear the district school board members discuss and take action on the findings and recommendations. Each school safety specialist shall report such findings and school board action to the Office of Safe Schools within 30 days after the district school board meeting. (b) Mental health coordinator.—Each district school board shall identify a mental health coordinator for the district. The mental health coordinator shall serve as the district’s primary point of contact regarding the district’s coordination, communication, and implementation of student mental health policies, procedures, responsibilities, and reporting, including: 1\. Coordinating with the Office of Safe Schools, established pursuant to s. 1001.212. 2\. Maintaining records and reports regarding student mental health as it relates to the mental health assistance program under s. 1006.041 and school safety. 3\. Facilitating the implementation of school district policies relating to the respective duties and responsibilities of the school district, the superintendent, and district school principals. 4\. Coordinating with the school safety specialist on the staffing and training of threat management teams and facilitating referrals to mental health services, as appropriate, for students and their families. 5\. Coordinating with the school safety specialist on the training and resources for students and school district staff relating to youth mental health awareness and assistance. 6\. Reviewing annually the school district’s policies and procedures related to student mental health for compliance with state law and alignment with current best practices and making recommendations, as needed, for amending such policies and procedures to the superintendent and the district school board. (c) School campus tours.—Each school safety specialist shall coordinate with the appropriate public safety agencies, as defined in s. 365.171, that are designated as first responders to a school’s campus to conduct a tour of such campus once every 3 years and provide recommendations related to school safety. The recommendations by the public safety agencies must be considered as part of the recommendations by the school safety specialist pursuant to paragraph (a). (d) Active assailant response plans.—Each district school board and charter school governing board must adopt an active assailant response plan. By October 1 of each year, each district school superintendent and charter school principal shall certify that all school personnel have received annual training on the procedures contained in the active assailant response plan for the applicable school district or charter school. (e) Family reunification plan.—Each district school board and charter school governing board shall adopt, in coordination with local law enforcement agencies and local governments, a family reunification plan to reunite students and employees with their families in the event that a school is closed or unexpectedly evacuated due to a natural or manmade disaster. This reunification plan must be reviewed annually and updated, as applicable. **(7) THREAT MANAGEMENT TEAMS.—** Each district school board and charter school governing board shall establish a threat management team at each school whose duties include the coordination of resources and assessment and intervention with students whose behavior may pose a threat to the safety of the school, school staff, or students. (a) Upon the availability of a statewide behavioral threat management operational process developed pursuant to s. 1001.212(12), all threat management teams shall use the operational process. (b) A threat management team shall include persons with expertise in counseling, instruction, school administration, and law enforcement. All members of the threat management team must be involved in the threat assessment and threat management process and final decisionmaking. At least one member of the threat management team must have personal familiarity with the individual who is the subject of the threat assessment. If no member of the threat management team has such familiarity, 1a member of the instructional personnel or administrative personnel, as those terms are defined in s. 1012.01(2) and (3), who is personally familiar with the individual who is the subject of the threat assessment must consult with the threat management team for the purpose of assessing the threat. The instructional or administrative personnel who provides such consultation shall not participate in the decisionmaking process. (c) The threat management team shall identify members of the school community to whom threatening behavior should be reported and provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a threat to the community, school, or self. (d) Upon the availability of the Florida-specific behavioral threat assessment instrument developed pursuant to s. 1001.212(12), all threat management teams shall use that instrument when evaluating the behavior of students who may pose a threat to the school, school staff, or students and to coordinate intervention and services for such students. (e) Upon a preliminary determination that a student poses a threat of violence or physical harm to himself or herself or others, a threat management team shall immediately report its determination to the superintendent or his or her designee. The superintendent or his or her designee or the charter school administrator or his or her designee shall immediately attempt to notify the student’s parent or legal guardian. Nothing in this subsection precludes school district or charter school governing board personnel from acting immediately to address an imminent threat. (f) Upon a preliminary determination by the threat management team that a student poses a threat of violence to himself or herself or others or exhibits significantly disruptive behavior or need for assistance, authorized members of the threat management team may obtain criminal history record information pursuant to s. 985.04(1). A member of a threat management team may not disclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the threat management team. (g) Notwithstanding any other provision of law, all state and local agencies and programs that provide services to students experiencing or at risk of an emotional disturbance or a mental illness, including the school districts, charter schools, school personnel, state and local law enforcement agencies, the Department of Juvenile Justice, the Department of Children and Families, the Department of Health, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Education, the Statewide Guardian Ad Litem Office, and any service or support provider contracting with such agencies, may share with each other records or information that are confidential or exempt from disclosure under chapter 119 if the records or information are reasonably necessary to ensure access to appropriate services for the student or to ensure the safety of the student or others. All such state and local agencies and programs shall communicate, collaborate, and coordinate efforts to serve such students. (h) If an immediate mental health or substance abuse crisis is suspected, school personnel shall follow steps established by the threat management team to engage behavioral health crisis resources. Behavioral health crisis resources, including, but not limited to, mobile crisis teams and school resource officers trained in crisis intervention, shall provide emergency intervention and assessment, make recommendations, and refer the student for appropriate services. Onsite school personnel shall report all such situations and actions taken to the threat management team, which shall contact the other agencies involved with the student and any known service providers to share information and coordinate any necessary followup actions. Upon the student’s transfer to a different school, the threat management team shall verify that any intervention services provided to the student remain in place until the threat management team of the receiving school independently determines the need for intervention services. (i) The threat management team shall prepare a threat assessment report required by the Florida-specific behavioral threat assessment instrument developed pursuant to s. 1001.212(12). A threat assessment report, all corresponding documentation, and any other information required by the Florida-specific behavioral threat assessment instrument in the threat management portal is an education record. (j) Each threat management team shall report quantitative data on its activities to the Office of Safe Schools in accordance with guidance from the office. **(8) SAFETY IN CONSTRUCTION PLANNING.—** A district school board must allow the law enforcement agency or agencies designated as first responders to the district’s and school’s campuses to tour such campuses once every 3 years. Any changes related to school safety and emergency issues recommended by a law enforcement agency based on a campus tour must be documented by the district school board. **(9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—** Each district school board shall adopt policies to ensure the accurate and timely reporting of incidents related to school safety and discipline. The district school superintendent is responsible for school environmental safety incident reporting. A district school superintendent who fails to comply with this subsection is subject to the penalties specified in law, including, but not limited to, s. 1001.42(13)(b) or s. 1001.51(12)(b), as applicable. The State Board of Education shall adopt rules establishing the requirements for the school environmental safety incident report, including those incidents that must be reported to a law enforcement agency. Annually, the department shall publish on its website the most recently available school environmental safety incident data along with other school accountability and performance data in a uniform, statewide format that is easy to read and understand. **(10) REPORTING OF INVOLUNTARY EXAMINATIONS.—** Each district school board shall adopt a policy to require the district superintendent to annually report to the department the number of involuntary examinations, as defined in s. 394.455, which are initiated at a school, on school transportation, or at a school-sponsored activity. By July 1 of each year, the department shall share such data received from school districts during the previous year with the Department of Children and Families. **(11) SUICIDE SCREENING INSTRUMENT.—** Each district school board shall adopt policies to ensure that district schools and local mobile response teams use the same suicide screening instrument approved by the department pursuant to s. 1012.583. # 1006.12 - Safe-school officers at each public school Safe-School Officers at Schools ∙ 1006.12 Florida Statutes Effective July 1, 2023 (Last updated 2023) As part of the Marjory Stoneman Douglas High School Public Safety Act this law requires officers be posted at all public schools. 1002.33 [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1003/Sections/1003.03.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1003/Sections/1003.03.html) #### 1006.12 Safe-school officers at each public school.— For the protection and safety of school personnel, property, students, and visitors, each district school board and school district superintendent shall partner with law enforcement agencies or security agencies to establish or assign one or more safe-school officers at each school facility within the district, including charter schools. A district school board must collaborate with charter school governing boards to facilitate charter school access to all safe-school officer options available under this section. The school district may implement any combination of the options in subsections (1)-(4) to best meet the needs of the school district and charter schools. **(1) SCHOOL RESOURCE OFFICER.—** A school district may establish school resource officer programs through a cooperative agreement with law enforcement agencies. (a) School resource officers shall undergo criminal background checks, drug testing, and a psychological evaluation and be certified law enforcement officers, as defined in s. 943.10(1), who are employed by a law enforcement agency as defined in s. 943.10(4). The powers and duties of a law enforcement officer shall continue throughout the employee’s tenure as a school resource officer. (b) School resource officers shall abide by district school board policies and shall consult with and coordinate activities through the school principal, but shall be responsible to the law enforcement agency in all matters relating to employment, subject to agreements between a district school board and a law enforcement agency. Activities conducted by the school resource officer which are part of the regular instructional program of the school shall be under the direction of the school principal. **(2) SCHOOL SAFETY OFFICER.—** A school district may commission one or more school safety officers for the protection and safety of school personnel, property, and students within the school district. The district school superintendent may recommend, and the district school board may appoint, one or more school safety officers. (a) School safety officers shall undergo criminal background checks, drug testing, and a psychological evaluation and be law enforcement officers, as defined in s. 943.10(1), certified under chapter 943 and employed by either a law enforcement agency or by the district school board. If the officer is employed by the district school board, the district school board is the employing agency for purposes of chapter 943, and must comply with that chapter. (b) A school safety officer has and shall exercise the power to make arrests for violations of law on district school board property or on property owned or leased by a charter school under a charter contract, as applicable, and to arrest persons, whether on or off such property, who violate any law on such property under the same conditions that deputy sheriffs are authorized to make arrests. A school safety officer has the authority to carry weapons when performing his or her official duties. (c) School safety officers must complete mental health crisis intervention training using a curriculum developed by a national organization with expertise in mental health crisis intervention. The training shall improve officers’ knowledge and skills as first responders to incidents involving students with emotional disturbance or mental illness, including de-escalation skills to ensure student and officer safety. (d) A district school board may enter into mutual aid agreements with one or more law enforcement agencies as provided in chapter 23. A school safety officer’s salary may be paid jointly by the district school board and the law enforcement agency, as mutually agreed to. **(3) SCHOOL GUARDIAN.—** At the school district’s or the charter school governing board’s discretion, as applicable, pursuant to s. 30.15, a school district or charter school governing board may participate in the Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program to meet the requirement of establishing a safe-school officer. The following individuals may serve as a school guardian, in support of school-sanctioned activities for purposes of s. 790.115, upon satisfactory completion of the requirements under s. 30.15(1)(k) and certification by a sheriff: (a) A school district employee or personnel, as defined under s. 1012.01, or a charter school employee, as provided under s. 1002.33(12)(a), who volunteers to serve as a school guardian in addition to his or her official job duties; or (b) An employee of a school district or a charter school who is hired for the specific purpose of serving as a school guardian. **(4) SCHOOL SECURITY GUARD.—** A school district or charter school governing board may contract with a security agency as defined in s. 493.6101(18) to employ as a school security guard an individual who holds a Class “D” and Class “G” license pursuant to chapter 493, provided the following training and contractual conditions are met: (a) An individual who serves as a school security guard, for purposes of satisfying the requirements of this section, must: 1\. Demonstrate completion of 144 hours of required training pursuant to s. 30.15(1)(k)2. 2\. Pass a psychological evaluation administered by a psychologist licensed under chapter 490 and designated by the Department of Law Enforcement and submit the results of the evaluation to the sheriff’s office, school district, or charter school governing board, as applicable. The Department of Law Enforcement is authorized to provide the sheriff’s office, school district, or charter school governing board with mental health and substance abuse data for compliance with this paragraph. 3\. Submit to and pass an initial drug test and subsequent random drug tests in accordance with the requirements of s. 112.0455 and the sheriff’s office, school district, or charter school governing board, as applicable. 4\. Successfully complete ongoing training, weapon inspection, and firearm qualification on at least an annual basis and provide documentation to the sheriff’s office, school district, or charter school governing board, as applicable. (b) The contract between a security agency and a school district or a charter school governing board regarding requirements applicable to school security guards serving in the capacity of a safe-school officer for purposes of satisfying the requirements of this section shall define the entity or entities responsible for training and the responsibilities for maintaining records relating to training, inspection, and firearm qualification. (c) School security guards serving in the capacity of a safe-school officer pursuant to this subsection are in support of school-sanctioned activities for purposes of s. 790.115, and must aid in the prevention or abatement of active assailant incidents on school premises. **(5) NOTIFICATION.—** The district school superintendent or charter school administrator, or a respective designee, shall notify the county sheriff and the Office of Safe Schools immediately after, but no later than 72 hours after: (a) A safe-school officer is dismissed for misconduct or is otherwise disciplined. (b) A safe-school officer discharges his or her firearm in the exercise of the safe-school officer’s duties, other than for training purposes. **(6) CRISIS INTERVENTION TRAINING.—** (a) Each safe-school officer who is also a sworn law enforcement officer shall complete mental health crisis intervention training using a curriculum developed by a national organization with expertise in mental health crisis intervention. The training must improve the officer’s knowledge and skills as a first responder to incidents involving students with emotional disturbance or mental illness, including de-escalation skills to ensure student and officer safety. (b) Each safe-school officer who is not a sworn law enforcement officer shall receive training to improve the officer’s knowledge and skills necessary to respond to and de-escalate incidents on school premises. **(7) LIMITATIONS.—** An individual must satisfy the background screening, psychological evaluation, and drug test requirements and be approved by the sheriff before participating in any training required by s. 30.15(1)(k), which may be conducted only by a sheriff. **(8) EXEMPTION.—** Any information that would identify whether a particular individual has been appointed as a safe-school officer pursuant to this section held by a law enforcement agency, school district, or charter school is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. If a district school board, through its adopted policies, procedures, or actions, denies a charter school access to any safe-school officer options pursuant to this section, the school district must assign a school resource officer or school safety officer to the charter school. Under such circumstances, the charter school’s share of the costs of the school resource officer or school safety officer may not exceed the safe school allocation funds provided to the charter school pursuant to s. 1011.62(12) and shall be retained by the school district. # 1006.13 - Policy of zero tolerance for crime and victimization Zero Tolerance Policies ∙ 1006.13 Florida Statutes Effective July 1, 2023 (Last Updated in 2023) This also was one of the statues amended as part of the Marjory Stoneman Douglas High School Public Safety Act and could be considered part of student safety, and therefore may be applicable to charter schools. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1003/Sections/1003.03.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1003/Sections/1003.03.html) #### 1006.13 Policy of zero tolerance for crime and victimization.— (1) District school boards shall promote a safe and supportive learning environment in schools by protecting students and staff from conduct that poses a threat to school safety. A threat management team may use alternatives to expulsion or referral to law enforcement agencies to address disruptive behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar programs. Zero-tolerance policies may not be rigorously applied to petty acts of misconduct. Zero-tolerance policies must apply equally to all students regardless of their economic status, race, or disability. (2) Each district school board shall adopt a policy of zero tolerance that: (a) Identifies acts that are required to be reported under the school environmental safety incident reporting pursuant to s. 1006.07(9). (b) Defines acts that pose a threat to school safety. (c) Defines petty acts of misconduct which are not a threat to school safety and do not require consultation with law enforcement. (d) Minimizes the victimization of students, staff, or volunteers, including taking all steps necessary to protect the victim of any violent act from any further victimization. In a disciplinary action, there is a rebuttable presumption that the actions of a student who intervened, using only the amount of force necessary, to stop a violent act against a student, staff, or volunteer were necessary to restore or maintain the safety of others. (e) Establishes a procedure that provides each student with the opportunity for a review of the disciplinary action imposed pursuant to s. 1006.07. (f) Requires the threat management team to consult with law enforcement when a student exhibits a pattern of behavior, based upon previous acts or the severity of an act that would pose a threat to school safety. (3) Zero-tolerance policies must require students found to have committed one of the following offenses to be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than 1 full year, and to be referred to the criminal justice or juvenile justice system. (a) Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school. (b) Making a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel’s property, school transportation, or a school-sponsored activity. District school boards may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system. If a student committing any of the offenses in this subsection is a student who has a disability, the district school board shall comply with applicable State Board of Education rules. (4) (a) Each district school board shall enter into agreements with the county sheriff’s office and local police department specifying guidelines for ensuring that acts that pose a threat to school safety, whether committed by a student or adult, are reported to a law enforcement agency. (b) The agreements must include the role of school resource officers, if applicable, in handling reported incidents and a procedure requiring school personnel to consult with school resource officers concerning appropriate delinquent acts and crimes. (c) The school principal shall notify all school personnel as to their responsibilities regarding incident reporting, that acts which pose a threat to school safety and crimes are properly reported to the school principal, or his or her designee, and that the disposition of the incident is properly documented. (5) Notwithstanding any other provision of law, each district school board shall adopt rules providing that any student found to have committed any offense in s. 784.081(1), (2), or (3) shall be expelled or placed in an alternative school setting or other program, as appropriate. Upon being charged with the offense, the student shall be removed from the classroom immediately and placed in an alternative school setting pending disposition. (6) (a) Notwithstanding any provision of law prohibiting the disclosure of the identity of a minor, whenever any student who is attending a public school is adjudicated guilty of or delinquent for, or is found to have committed, regardless of whether adjudication is withheld, or pleads guilty or nolo contendere to, a felony violation of: 1\. Chapter 782, relating to homicide; 2\. Chapter 784, relating to assault, battery, and culpable negligence; 3\. Chapter 787, relating to kidnapping, false imprisonment, luring or enticing a child, and custody offenses; 4\. Chapter 794, relating to sexual battery; 5\. Chapter 800, relating to lewdness and indecent exposure; 6\. Chapter 827, relating to abuse of children; 7\. Section 812.13, relating to robbery; 8\. Section 812.131, relating to robbery by sudden snatching; 9\. Section 812.133, relating to carjacking; or 10\. Section 812.135, relating to home-invasion robbery, and, before or at the time of such adjudication, withholding of adjudication, or plea, the offender was attending a school attended by the victim or a sibling of the victim of the offense, the Department of Juvenile Justice shall notify the appropriate district school board of the adjudication or plea, the requirements in this paragraph, and whether the offender is prohibited from attending that school or riding on a school bus whenever the victim or a sibling of the victim is attending the same school or riding on the same school bus, except as provided pursuant to a written disposition order under s. 985.455(2). Upon receipt of such notice, the district school board shall take appropriate action to effectuate the provisions in paragraph (b). (b) Each district school board shall adopt a cooperative agreement with the Department of Juvenile Justice which establishes guidelines for ensuring that any no contact order entered by a court is reported and enforced and that all of the necessary steps are taken to protect the victim of the offense. Any offender described in paragraph (a), who is not exempted as provided in paragraph (a), may not attend any school attended by the victim or a sibling of the victim of the offense or ride on a school bus on which the victim or a sibling of the victim is riding. The offender shall be permitted by the district school board to attend another school within the district in which the offender resides, only if the other school is not attended by the victim or sibling of the victim of the offense; or the offender may be permitted by another district school board to attend a school in that district if the offender is unable to attend any school in the district in which the offender resides. (c) If the offender is unable to attend any other school in the district in which the offender resides and is prohibited from attending a school in another school district, the district school board in the school district in which the offender resides shall take every reasonable precaution to keep the offender separated from the victim while on school grounds or on school transportation. The steps to be taken by a district school board to keep the offender separated from the victim must include, but are not limited to, in-school suspension of the offender and the scheduling of classes, lunch, or other school activities of the victim and the offender so as not to coincide. (d) The offender, or the parents of the offender if the offender is a juvenile, shall arrange and pay for transportation associated with or required by the offender’s attending another school or that would be required as a consequence of the prohibition against riding on a school bus on which the victim or a sibling of the victim is riding. However, the offender or the parents of the offender may not be charged for existing modes of transportation that can be used by the offender at no additional cost to the district school board. (7) Any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the particular circumstances of the student’s misconduct. (8) A threat management team may use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety. # 1006.1493 - Florida Safe Schools Assessment Tool Safe Schools Assessment Tool ∙ 1006.1493 Florida Statutes Effective July 1, 2023 (Last updated 2023) This statute was created as part of the Marjory Stoneman Douglas High School Public Safety Act and requires all schools to submit a safety assessment using the tool provided by the department. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1003/Sections/1003.03.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1003/Sections/1003.03.html) #### 1006.1493 Florida Safe Schools Assessment Tool.— (1) The department, through the Office of Safe Schools pursuant to s. 1001.212, shall contract with a security consulting firm that specializes in the development of risk assessment software solutions and has experience in conducting security assessments of public facilities to develop, update, and implement a risk assessment tool, which shall be known as the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be the primary physical site security assessment tool as revised and required by the Office of Safe Schools which is used by school officials at each school district and public school site in the state in conducting security assessments. (2) The FSSAT must help school officials identify threats, vulnerabilities, and appropriate safety controls for the schools that they supervise, pursuant to the security risk assessment requirements of s. 1006.07(6). (a) At a minimum, the FSSAT must address all of the following components: 1\. School emergency and crisis preparedness planning; 2\. Security, crime, and violence prevention policies and procedures; 3\. Physical security measures; 4\. Professional development training needs; 5\. An examination of support service roles in school safety, security, and emergency planning; 6\. School security and school police staffing, operational practices, and related services; 7\. School and community collaboration on school safety; 8\. Policies and procedures for school officials to prepare for and respond to natural and manmade disasters, including family reunification plans to reunite students and employees with their families after a school is closed or unexpectedly evacuated due to such disasters; and 9\. A return on investment analysis of the recommended physical security controls. (b) The department shall require by contract that the security consulting firm: 1\. Generate written automated reports on assessment findings for review by the department and school and district officials; 2\. Provide training to the department and school officials in the use of the FSSAT and other areas of importance identified by the department; 3\. Advise in the development and implementation of templates, formats, guidance, and other resources necessary to facilitate the implementation of this section at state, district, school, and local levels; and 4\. Review recommendations of the School Hardening and Harm Mitigation Workgroup established under s. 1001.212(11) to address physical security measures identified by the FSSAT. (3) The Office of Safe Schools shall make the FSSAT available no later than May 1 of each year. (a) The office must provide annual training to each district’s school safety specialist and other appropriate school district personnel on the assessment of physical site security and completing the FSSAT. (b) Each school district must annually report to the office by October 15 that all public schools within the school district have completed the FSSAT. (4) By December 1 of each year, the department shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the status of implementation across school districts and schools. The report must include a summary of the positive school safety measures in place at the time of the assessment and any recommendations for policy changes or funding needed to facilitate continued school safety planning, improvement, and response at the state, district, or school levels. (5) In accordance with s. 119.071(3)(a), data and information related to security risk assessments administered pursuant to this section and s. 1006.07(6) and the security information contained in the annual report required pursuant to subsection (4) are confidential and exempt from public records requirements. # 1012.22 - Public school personnel; powers and duties of the district school board. Effective July 1, 2023 (Last updated 2023) The charter school statute specifically states that charter schools are required to abide by section 1012.22(1)(c), relating to compensation and salary schedules. All of section 1012.22 has not been included only subsection (1)(c) based on the limits from 1002.33(16). [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1012/1012.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1012/1012.html) #### 1012.22 Public school personnel; powers and duties of the district school board. —The district school board shall: 1\) Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of this chapter: … (c) Compensation and salary schedules.— 1\. Definitions.—As used in this paragraph: a. “Adjustment” means an addition to the base salary schedule that is not a bonus and becomes part of the employee’s permanent base salary and shall be considered compensation under s. 121.021(22). b. “Grandfathered salary schedule” means the salary schedule or schedules adopted by a district school board before July 1, 2014, pursuant to subparagraph 4. c. “Instructional personnel” means instructional personnel as defined in s. 1012.01(2)(a)-(d), excluding substitute teachers. d. “Performance salary schedule” means the salary schedule or schedules adopted by a district school board pursuant to subparagraph 5. e. “Salary schedule” means the schedule or schedules used to provide the base salary for district school board personnel. f. “School administrator” means a school administrator as defined in s. 1012.01(3)(c). g. “Supplement” means an annual addition to the base salary for the term of the negotiated supplement as long as the employee continues his or her employment for the purpose of the supplement. A supplement does not become part of the employee’s continuing base salary but shall be considered compensation under s. 121.021(22). 2\. Cost-of-living adjustment.—A district school board may provide a cost-of-living salary adjustment if the adjustment: a. Does not discriminate among comparable classes of employees based upon the salary schedule under which they are compensated. b. Does not exceed 50 percent of the annual adjustment provided to instructional personnel rated as effective. 3\. Advanced degrees.—A district school board may not use advanced degrees in setting a salary schedule for instructional personnel or school administrators hired on or after July 1, 2011, unless the advanced degree is held in the individual’s area of certification and is only a salary supplement. 4\. Grandfathered salary schedule.— a. The district school board shall adopt a salary schedule or salary schedules to be used as the basis for paying all school employees hired before July 1, 2014. Instructional personnel on annual contract as of July 1, 2014, shall be placed on the performance salary schedule adopted under subparagraph 5. Instructional personnel on continuing contract or professional service contract may opt into the performance salary schedule if the employee relinquishes such contract and agrees to be employed on an annual contract under s. 1012.335. Such an employee shall be placed on the performance salary schedule and may not return to continuing contract or professional service contract status. Any employee who opts into the performance salary schedule may not return to the grandfathered salary schedule. b. In determining the grandfathered salary schedule for instructional personnel, a district school board must base a portion of each employee’s compensation upon performance demonstrated under s. 1012.34 and shall provide differentiated pay for both instructional personnel and school administrators based upon district-determined factors, including, but not limited to, additional responsibilities, school demographics, critical shortage areas, and level of job performance difficulties. 5\. Performance salary schedule.—By July 1, 2014, the district school board shall adopt a performance salary schedule that provides annual salary adjustments for instructional personnel and school administrators based upon performance determined under s. 1012.34. Employees hired on or after July 1, 2014, or employees who choose to move from the grandfathered salary schedule to the performance salary schedule shall be compensated pursuant to the performance salary schedule once they have received the appropriate performance evaluation for this purpose. a. Base salary.—The base salary shall be established as follows: (I) The base salary for instructional personnel or school administrators who opt into the performance salary schedule shall be the salary paid in the prior year, including adjustments only. (II) Instructional personnel or school administrators new to the district, returning to the district after a break in service without an authorized leave of absence, or appointed for the first time to a position in the district in the capacity of instructional personnel or school administrator shall be placed on the performance salary schedule. b. Salary adjustments.—Salary adjustments for highly effective or effective performance shall be established as follows: (I) The annual salary adjustment under the performance salary schedule for an employee rated as highly effective must be at least 25 percent greater than the highest annual salary adjustment available to an employee of the same classification through any other salary schedule adopted by the district. (II) The annual salary adjustment under the performance salary schedule for an employee rated as effective must be equal to at least 50 percent and no more than 75 percent of the annual adjustment provided for a highly effective employee of the same classification. (III) A salary schedule shall not provide an annual salary adjustment for an employee who receives a rating other than highly effective or effective for the year. c. Salary supplements.—In addition to the salary adjustments, each district school board shall provide for salary supplements for activities that must include, but are not limited to: (I) Assignment to a Title I eligible school. (II) Assignment to a school that earned a grade of “F” or three consecutive grades of “D” pursuant to s. 1008.34 such that the supplement remains in force for at least 1 year following improved performance in that school. (III) Certification and teaching in critical teacher shortage areas. Statewide critical teacher shortage areas shall be identified by the State Board of Education under s. 1012.07. However, the district school board may identify other areas of critical shortage within the school district for purposes of this sub-sub-subparagraph and may remove areas identified by the state board which do not apply within the school district. (IV) Assignment of additional academic responsibilities. If budget constraints in any given year limit a district school board’s ability to fully fund all adopted salary schedules, the performance salary schedule shall not be reduced on the basis of total cost or the value of individual awards in a manner that is proportionally greater than reductions to any other salary schedules adopted by the district. Any compensation for longevity of service awarded to instructional personnel who are on any other salary schedule must be included in calculating the salary adjustments required by sub-subparagraph b # 1012.31 - Personnel files Effective July 1, 2021 The statute describes how personnel records should be maintained. [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1012/Sections/1012.31.html](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1012/Sections/1012.31.html) #### 1012.31 Personnel files.— Public school system employee personnel files shall be maintained according to the following provisions: (1) (a) Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or dismissal under laws of this state, no derogatory materials relating to an employee’s conduct, service, character, or personality shall be placed in the personnel file of such employee. (b) No anonymous letter or anonymous materials shall be placed in the personnel file. (2) (a) Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment. In cases of separation due to termination or resignation in lieu of termination, the person shall execute and maintain an affidavit of separation, on the form adopted by the Department of Education, setting forth in detail the facts and reasons for such separation. The affidavit must expressly disclose when separation is due to a report of sexual misconduct with a student. The affidavit of separation must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit of separation must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. (b) 1\. No such materials may be placed in a personnel file unless they have been reduced to writing within 45 days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts reflected in the materials. 2\. Additional information related to such written materials previously placed in the file may be appended to such materials to clarify or amplify them as needed. (c) A copy of such materials to be added to an employee’s personnel file shall be provided to the employee either: 1\. By certified mail, return receipt requested, to his or her address of record; or 2\. By personal delivery. The employee’s signature on a copy of the materials to be filed shall be proof that such materials were given to the employee, with the understanding that such signature merely signifies receipt and does not necessarily indicate agreement with its contents. (d) An employee has the right to answer in writing any such materials in a personnel file on July 1, 1983, as well as any such materials filed thereafter, and the answer shall be attached to the file copy. An employee has the right to request that the district school superintendent or the superintendent’s designee make an informal inquiry regarding material in the employee’s personnel file which the employee believes to be false. The official who makes the inquiry shall append to the material a written report of his or her findings. (e) Upon request, an employee, or any person designated in writing by the employee, shall be permitted to examine the personnel file of such employee. The employee shall be permitted conveniently to reproduce any materials in the file, at a cost no greater than the fees prescribed in s. 119.07(4). (f) The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed. (3) (a) Public school system employee personnel files are subject to the provisions of s. 119.07(1), except as follows: 1\. Any complaint and any material relating to the investigation of a complaint against an employee shall be confidential and exempt from the provisions of s. 119.07(1) until the conclusion of the preliminary investigation or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached to the complaint, and the complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 days after the complaint is made. This subparagraph does not absolve the school district of its duty to provide any legally sufficient complaint to the department within 30 days after the date on which the subject matter of the complaint comes to the attention of the school district pursuant to s. 1012.796(1)(d)1., regardless of the status of the complaint. 2\. An employee evaluation prepared pursuant to s. 1012.33, s. 1012.34, or s. 1012.56 or rules adopted by the State Board of Education or district school board under the authority of those sections shall be confidential and exempt from the provisions of s. 119.07(1) until the end of the school year immediately following the school year in which the evaluation was made. No evaluation prepared before July 1, 1983, shall be made public pursuant to this section. 3\. No material derogatory to an employee shall be open to inspection until 10 days after the employee has been notified pursuant to paragraph (2)(c). 4\. The payroll deduction records of an employee shall be confidential and exempt from the provisions of s. 119.07(1). 5\. Employee medical records, including psychiatric and psychological records, shall be confidential and exempt from the provisions of s. 119.07(1); however, at any hearing relative to the competency or performance of an employee, the administrative law judge, hearing officer, or panel shall have access to such records. (b) Notwithstanding other provisions of this subsection, all aspects of the personnel file of each employee shall be open to inspection at all times by district school board members, the district school superintendent, and the principal, or their respective designees, in the exercise of their respective duties. (c) Notwithstanding other provisions of this subsection, all aspects of the personnel file of each employee shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation. (4) The term “personnel file,” as used in this section, means all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee whether maintained in one or more locations. # 1012.32 - Qualifications of personnel Effective July 1, 2023 (Last updated 2023) This statute defines the qualifications for instructional and non-instructional personnel including background screening and hiring practices. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1012/Sections/1012.32.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1012/Sections/1012.32.html) #### 1012.32 Qualifications of personnel.— (1) To be eligible for appointment in any position in any district school system, a person must be of good moral character; must have attained the age of 18 years, if he or she is to be employed in an instructional capacity; must not be ineligible for such employment under s. 1012.315; and must, when required by law, hold a certificate or license issued under rules of the State Board of Education or the Department of Children and Families, except when employed pursuant to s. 1012.55 or under the emergency provisions of s. 1012.24. Previous residence in this state shall not be required in any school of the state as a prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity. (2) (a) Instructional and noninstructional personnel who are hired or contracted to fill positions that require direct contact with students in any district school system or university lab school must, upon employment or engagement to provide services, undergo background screening as required under s. 1012.465 or s. 1012.56, whichever is applicable. (b) 1\. Instructional and noninstructional personnel who are hired or contracted to fill positions in a charter school other than a school of hope as defined in s. 1002.333, and members of the governing board of such charter school, in compliance with s. 1002.33(12)(g), upon employment, engagement of services, or appointment, shall undergo background screening as required under s. 1012.465 or s. 1012.56, whichever is applicable. 2\. Instructional and noninstructional personnel who are hired or contracted to fill positions in a school of hope as defined in s. 1002.333, and members of the governing board of such school of hope, upon employment, engagement of services, or appointment, shall undergo background screening as required under s. 1012.465 or s. 1012.56, whichever is applicable. (c) Instructional and noninstructional personnel who are hired or contracted to fill positions that require direct contact with students in an alternative school that operates under contract with a district school system must, upon employment or engagement to provide services, undergo background screening as required under s. 1012.465 or s. 1012.56, whichever is applicable. (d) Student teachers and persons participating in a field experience pursuant to s. 1004.04(5) or s. 1004.85 in any district school system, lab school, or charter school must, upon engagement to provide services, undergo background screening as required under s. 1012.56. A person subject to this subsection who is found ineligible for employment under s. 1012.315, or otherwise found through background screening to have been convicted of any crime involving moral turpitude as defined by rule of the State Board of Education, may not be employed, engaged to provide services, or serve in any position that requires direct contact with students. The cost of the background screening may be borne by the employer or a person subject to this subsection. (3) A background screening required under this section shall be conducted in accordance with s. 435.12. # 1012.335 - Contracts with instructional personnel hired on or after July 1, 2011 Effective July 1, 2022 (Last Updated in 2011) The charter school statute specifically states that charter schools are required to abide by section 1012.35, relating to contracts with instructional personnel hired on or after July 1, 2011. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1012/1012.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1012/1012.html) #### 1012.335 Contracts with instructional personnel hired on or after July 1, 2011.— (1) DEFINITIONS.— As used in this section, the term: (a) “Annual contract” means an employment contract for a period of no longer than 1 school year which the district school board may choose to award or not award without cause. (b) “Instructional personnel” means instructional personnel as defined in s. 1012.01(2)(a)-(d), excluding substitute teachers. (c) “Probationary contract” means an employment contract for a period of 1 school year awarded to instructional personnel upon initial employment in a school district. Probationary contract employees may be dismissed without cause or may resign without breach of contract. A district school board may not award a probationary contract more than once to the same employee unless the employee was rehired after a break in service for which an authorized leave of absence was not granted. A probationary contract shall be awarded regardless of previous employment in another school district or state. (2) EMPLOYMENT.— (a) Beginning July 1, 2011, each individual newly hired as instructional personnel by the district school board shall be awarded a probationary contract. Upon successful completion of the probationary contract, the district school board may award an annual contract pursuant to paragraph (c). (b) Beginning July 1, 2011, an annual contract may be awarded pursuant to paragraph (c) for instructional personnel who have successfully completed a probationary contract with the district school board and have received one or more annual contracts from the district school board. (c) An annual contract may be awarded only if the employee: 1. Holds an active professional certificate or temporary certificate issued pursuant to s. 1012.56 and rules of the State Board of Education. 2. Has been recommended by the district school superintendent for the annual contract based upon the individual’s evaluation under s. 1012.34 and approved by the district school board. 3. Has not received two consecutive annual performance evaluation ratings of unsatisfactory, two annual performance evaluation ratings of unsatisfactory within a 3-year period, or three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34. (3) VIOLATION OF ANNUAL CONTRACT.— Instructional personnel who accept a written offer from the district school board and who leave their positions without prior release from the district school board are subject to the jurisdiction of the Education Practices Commission. (4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON ANNUAL CONTRACT.— Any instructional personnel with an annual contract may be suspended or dismissed at any time during the term of the contract for just cause as provided in subsection (5). The district school board shall notify the employee in writing whenever charges are made and may suspend such person without pay. However, if the charges are not sustained, the employee shall be immediately reinstated and his or her back pay shall be paid. If the employee wishes to contest the charges, he or she must, within 15 days after receipt of the written notice, submit a written request for a hearing to the district school board. A direct hearing shall be conducted by the district school board or a subcommittee thereof within 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with ss. 120.569 and 120.57. A majority vote of the membership of the district school board shall be required to sustain the district school superintendent’s recommendation. The district school board’s determination is final as to the sufficiency or insufficiency of the grounds for suspension without pay or dismissal. Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68. (5) JUST CAUSE.— The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to define the term “just cause.” Just cause includes, but is not limited to: (a) Immorality. (b) Misconduct in office. (c) Incompetency. (d) Gross insubordination. (e) Willful neglect of duty. (f) Being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude. (6) LIMITATION.— An individual newly hired as instructional personnel by a school district in this state under this section is ineligible for any contract issued under s. 1012.33. # 1012.584 - Continuing education and inservice training for youth mental health awareness and assistance Effective July 1, 2023 (Last updated in 2023) The charter school statute specifically states that charter schools are required to abide by section 1012.854, relating to youth mental health awareness and assistance. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&Search\_String=&URL=1000-1099/1012/Sections/1012.584.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1012/Sections/1012.584.html) #### 1012.584 Continuing education and inservice training for youth mental health awareness and assistance.— (1) The Department of Education shall establish an evidence-based youth mental health awareness and assistance training program to help school personnel identify and understand the signs of emotional disturbance, mental illness, and substance use disorders and provide such personnel with the skills to help a person who is developing or experiencing an emotional disturbance, mental health, or substance use problem. (2) The Department of Education shall select a national authority on youth mental health awareness and assistance to facilitate providing youth mental health awareness and assistance training, using a trainer certification model, to all school personnel in elementary, middle, and high schools. Each school safety specialist shall earn, or designate one or more individuals to earn, certification as a youth mental health awareness and assistance trainer. The school safety specialist shall ensure that all school personnel within his or her school district receive youth mental health awareness and assistance training. (3) The training program shall include, but is not limited to: (a) An overview of mental illnesses and substance use disorders and the need to reduce the stigma of mental illness. (b) Information on the potential risk factors and warning signs of emotional disturbance, mental illness, or substance use disorders, including, but not limited to, depression, anxiety, psychosis, eating disorders, and self-injury, as well as common treatments for those conditions and how to assess those risks. (c) Information on how to engage at-risk students with the skills, resources, and knowledge required to assess the situation, and how to identify and encourage the student to use appropriate professional help and other support strategies, including, but not limited to, peer, social, or self-help care. (4) Each school district shall notify all school personnel who have received training pursuant to this section of mental health services that are available in the school district, and the individual to contact if a student needs services. The term “mental health services” includes, but is not limited to, community mental health services, health care providers, and services provided under ss. 1006.04 and 1006.041. (5) No later than July 1, 2023, and annually thereafter by July 1, each school district shall certify to the department, in a format determined by the department, that at least 80 percent of school personnel in elementary, middle, and high schools have received the training required under this section. # 1012.34 - Personnel evaluation procedures and criteria Effective July 1, 2023 (Last updated in 2023) The charter school statute specifically states that charter schools are required to abide by section 1012.34, relating to the substantive requirements for performance evaluations for instructional personnel and school administrators. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1012/1012.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1012/1012.html) #### 1012.34 Personnel evaluation procedures and criteria.— (1) EVALUATION SYSTEM APPROVAL AND REPORTING.— (a) For the purpose of increasing student academic performance by improving the quality of instructional, administrative, and supervisory services in the public schools of the state, the district school superintendent shall establish procedures for evaluating the performance of duties and responsibilities of all instructional, administrative, and supervisory personnel employed by the school district. The procedures established by the district school superintendent set the standards of service to be offered to the public within the meaning of s. 447.209 and are not subject to collective bargaining. The district school superintendent shall provide instructional personnel the opportunity to review their class rosters for accuracy and to correct any mistakes. The district school superintendent shall report accurate class rosters for the purpose of calculating district and statewide student performance and annually report the evaluation results of instructional personnel and school administrators to the Department of Education in addition to the information required under subsection (5). (b) The department must approve each school district’s instructional personnel and school administrator evaluation systems. The department shall monitor each district’s implementation of its instructional personnel and school administrator evaluation systems for compliance with the requirements of this section. (c) Annually, by February 1, the Commissioner of Education shall publish on the department’s website the status of each school district’s instructional personnel and school administrator evaluation systems. This information must include performance evaluation results for the prior school year for instructional personnel and school administrators using the four levels of performance specified in paragraph (2)(e). The performance evaluation results for instructional personnel shall be disaggregated by classroom teachers, as defined in s. 1012.01(2)(a), excluding substitute teachers, and all other instructional personnel, as defined in s. 1012.01(2)(b)-(d). (2) EVALUATION SYSTEM REQUIREMENTS.— The evaluation systems for instructional personnel and school administrators must: (a) Be designed to support effective instruction and student learning growth, and performance evaluation results must be used when developing district and school level improvement plans. (b) Provide appropriate instruments, procedures, timely feedback, and criteria for continuous quality improvement of the professional skills of instructional personnel and school administrators, and performance evaluation results must be used when identifying professional development. (c) Include a mechanism to examine performance data from multiple sources, including opportunities for parents to provide input into employee performance evaluations when appropriate. (d) Identify those teaching fields for which special evaluation procedures and criteria are necessary. (e) Differentiate among four levels of performance as follows: 1\. Highly effective. 2\. Effective. 3\. Needs improvement or, for instructional personnel in the first 3 years of employment who need improvement, developing. 4\. Unsatisfactory. (f) Provide for training and monitoring programs based upon guidelines provided by the department to ensure that all individuals with evaluation responsibilities understand the proper use of the evaluation criteria and procedures. In addition, each district school board may establish a peer assistance process. This process may be a part of the regular evaluation system or used to assist employees placed on performance probation, newly hired classroom teachers, or employees who request assistance. (3) EVALUATION PROCEDURES AND CRITERIA.— Instructional personnel and school administrator performance evaluations must be based upon the performance of students assigned to their classrooms or schools, as provided in this section. Pursuant to this section, a school district’s performance evaluation system is not limited to basing unsatisfactory performance of instructional personnel and school administrators solely upon student performance, but may include other criteria to evaluate instructional personnel and school administrators’ performance, or any combination of student performance and other criteria. Evaluation procedures and criteria must comply with, but are not limited to, the following: (a) A performance evaluation must be conducted for each employee at least once a year, except that a classroom teacher, as defined in s. 1012.01(2)(a), excluding substitute teachers, who is newly hired by the district school board must be observed and evaluated at least twice in the first year of teaching in the school district. The performance evaluation must be based upon sound educational principles and contemporary research in effective educational practices. The evaluation criteria must include: 1\. Performance of students.—At least one-third of a performance evaluation must be based upon data and indicators of student performance, as determined by each school district. This portion of the evaluation must include growth or achievement data of the teacher’s students or, for a school administrator, the students attending the school over the course of at least 3 years. If less than 3 years of data are available, the years for which data are available must be used. The proportion of growth or achievement data may be determined by instructional assignment. 2\. Instructional practice.—For instructional personnel, at least one-third of the performance evaluation must be based upon instructional practice. Evaluation criteria used when annually observing classroom teachers, as defined in s. 1012.01(2)(a), excluding substitute teachers, must include indicators based upon each of the Florida Educator Accomplished Practices adopted by the State Board of Education. For instructional personnel who are not classroom teachers, evaluation criteria must be based upon indicators of the Florida Educator Accomplished Practices and may include specific job expectations related to student support. This section does not preclude a school administrator from visiting and observing classroom teachers throughout the school year for purposes of providing mentorship, training, instructional feedback, or professional learning. 3\. Instructional leadership.—For school administrators, at least one-third of the performance evaluation must be based on instructional leadership. Evaluation criteria for instructional leadership must include indicators based upon each of the leadership standards adopted by the State Board of Education under s. 1012.986, including performance measures related to the effectiveness of classroom teachers in the school, the administrator’s appropriate use of evaluation criteria and procedures, recruitment and retention of effective and highly effective classroom teachers, improvement in the percentage of instructional personnel evaluated at the highly effective or effective level, and other leadership practices that result in student learning growth. The system may include a means to give parents and instructional personnel an opportunity to provide input into the administrator’s performance evaluation. 4\. Other indicators of performance.—For instructional personnel and school administrators, the remainder of a performance evaluation may include, but is not limited to, professional and job responsibilities as recommended by the State Board of Education or identified by the district school board and, for instructional personnel, peer reviews, objectively reliable survey information from students and parents based on teaching practices that are consistently associated with higher student achievement, and other valid and reliable measures of instructional practice. (b) All personnel must be fully informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process before the evaluation takes place. (c) The individual responsible for supervising the employee must evaluate the employee’s performance. The evaluation system may provide for the evaluator to consider input from other personnel trained under subsection (2). The evaluator must submit a written report of the evaluation to the district school superintendent for the purpose of reviewing the employee’s contract. The evaluator must submit the written report to the employee no later than 10 days after the evaluation takes place. The evaluator must discuss the written evaluation report with the employee. The employee shall have the right to initiate a written response to the evaluation, and the response shall become a permanent attachment to his or her personnel file. (d) The evaluator may amend an evaluation based upon assessment data from the current school year if the data becomes available within 90 days after the close of the school year. The evaluator must then comply with the procedures set forth in paragraph (c). (4) NOTIFICATION OF UNSATISFACTORY PERFORMANCE.— If an employee who holds a professional service contract as provided in s. 1012.33 is not performing his or her duties in a satisfactory manner, the evaluator shall notify the employee in writing of such determination. The notice must describe such unsatisfactory performance and include notice of the following procedural requirements: (a) Upon delivery of a notice of unsatisfactory performance, the evaluator must confer with the employee who holds a professional service contract, make recommendations with respect to specific areas of unsatisfactory performance, and provide assistance in helping to correct deficiencies within a prescribed period of time. (b) 1\. The employee who holds a professional service contract shall be placed on performance probation and governed by the provisions of this section for 90 calendar days following the receipt of the notice of unsatisfactory performance to demonstrate corrective action. School holidays and school vacation periods are not counted when calculating the 90-calendar-day period. During the 90 calendar days, the employee who holds a professional service contract must be evaluated periodically and apprised of progress achieved and must be provided assistance and inservice training opportunities to help correct the noted performance deficiencies. At any time during the 90 calendar days, the employee who holds a professional service contract may request a transfer to another appropriate position with a different supervising administrator; however, if a transfer is granted pursuant to ss. 1012.27(1) and 1012.28(6), it does not extend the period for correcting performance deficiencies. 2\. Within 14 days after the close of the 90 calendar days, the evaluator must evaluate whether the performance deficiencies have been corrected and forward a recommendation to the district school superintendent. Within 14 days after receiving the evaluator’s recommendation, the district school superintendent must notify the employee who holds a professional service contract in writing whether the performance deficiencies have been satisfactorily corrected and whether the district school superintendent will recommend that the district school board continue or terminate his or her employment contract. If the employee wishes to contest the district school superintendent’s recommendation, the employee must, within 15 days after receipt of the district school superintendent’s recommendation, submit a written request for a hearing. The hearing shall be conducted at the district school board’s election in accordance with one of the following procedures: a. A direct hearing conducted by the district school board within 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. A majority vote of the membership of the district school board shall be required to sustain the district school superintendent’s recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment; or b. A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120. The recommendation of the administrative law judge shall be made to the district school board. A majority vote of the membership of the district school board shall be required to sustain or change the administrative law judge’s recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment. (5) ADDITIONAL NOTIFICATIONS.— The district school superintendent shall annually notify the department of any instructional personnel or school administrators who receive two consecutive unsatisfactory evaluations. The district school superintendent shall also notify the department of any instructional personnel or school administrators who are given written notice by the district of intent to terminate or not renew their employment. The department shall conduct an investigation to determine whether action shall be taken against the certificateholder pursuant to s. 1012.795. (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT EVALUATION SYSTEMS.— The district school board shall establish a procedure for annually reviewing instructional personnel and school administrator evaluation systems to determine compliance with this section. All substantial revisions to an approved system must be reviewed and approved by the district school board before being used to evaluate instructional personnel or school administrators. Upon request by a school district, the department shall provide assistance in developing, improving, or reviewing an evaluation system. (7) MEASUREMENT OF STUDENT PERFORMANCE.— (a) The Commissioner of Education shall approve a formula to measure individual student learning growth on the statewide, standardized assessments in English Language Arts and mathematics administered under s. 1008.22. A third party, independent of the assessment developer, must analyze student learning growth data calculated using the formula and provide access to a data visualization tool that enables teachers to understand and evaluate the data and school administrators to improve instruction, evaluate programs, allocate resources, plan professional development, and communicate with stakeholders. The formula must take into consideration each student’s prior academic performance. The formula must not set different expectations for student learning growth based upon a student’s gender, race, ethnicity, or socioeconomic status. In the development of the formula, the commissioner shall consider other factors such as a student’s attendance record, disability status, or status as an English language learner. The commissioner may select additional formulas to measure student performance as appropriate for the remainder of the statewide, standardized assessments included under s. 1008.22 and continue to select formulas as new assessments are implemented in the state system. By July 31 of each year, the commissioner shall provide to each school district the student learning growth data calculated using the formula. (b) Each school district may, but is not required to measure student learning growth using the formulas approved by the commissioner under paragraph (a). (8) RULEMAKING.— The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 which establish uniform procedures and format for the submission, review, and approval of district evaluation systems and reporting requirements for the annual evaluation of instructional personnel and school administrators. # 1012.796 - Complaints against teachers and administrators; procedure; penalties Effective July 1, 2023 This statute defines the process and procedures for complaints against school personnel. [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1012/Sections/1012.796.html](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1012/Sections/1012.796.html) #### 1012.796 Complaints against teachers and administrators; procedure; penalties.— (1) (a) The Department of Education shall cause to be investigated expeditiously any complaint filed before it or otherwise called to its attention which, if legally sufficient, contains grounds for the revocation or suspension of a certificate or any other appropriate penalty as set forth in subsection (7). The complaint is legally sufficient if it contains the ultimate facts which show a violation has occurred as provided in s. 1012.795 and defined by rule of the State Board of Education. The department shall investigate or continue to investigate and take appropriate action on a complaint even though the original complainant withdraws the complaint or otherwise indicates a desire not to cause it to be investigated or prosecuted to completion. The department may investigate or continue to investigate and take action on a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate and may not issue a certificate to such a person unless an investigation has been completed. (b) The department shall immediately investigate any legally sufficient complaint that involves misconduct by any certificated personnel which affects the health, safety, or welfare of a student, giving the complaint priority over other pending complaints. The department must investigate or continue to investigate and take action on such a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate. The Commissioner of Education shall make a determination of probable cause within 90 days after receipt of any complaint involving sexual misconduct with a student. Upon the written request of a state attorney, this deadline may be held in abeyance during criminal proceedings related to the sexual misconduct with a student. (c) When an investigation is undertaken, the department shall notify the certificateholder or applicant for certification and the district school superintendent or the university laboratory school, charter school, or private school in which the certificateholder or applicant for certification is employed or was employed at the time the alleged offense occurred. In addition, the department shall inform the certificateholder or applicant for certification of the substance of any complaint which has been filed against that certificateholder or applicant, unless the department determines that such notification would be detrimental to the investigation, in which case the department may withhold notification. (d) 1\. Each school district shall file in writing with the department all legally sufficient complaints within 30 days after the date on which subject matter of the complaint comes to the attention of the school district, regardless of whether the subject of the complaint is still an employee of the school district. A complaint is legally sufficient if it contains ultimate facts that show a violation has occurred as provided in s. 1012.795 and defined by rule of the State Board of Education. The school district shall include all information relating to the complaint which is known to the school district at the time of filing. 2\. A school district shall immediately notify the department if the subject of a legally sufficient complaint of misconduct affecting the health, safety, or welfare of a student resigns or is terminated before the conclusion of the school district’s investigation. Upon receipt of the notification, the department shall place an alert on the person’s certification file indicating that he or she resigned or was terminated before an investigation involving allegations of misconduct affecting the health, safety, or welfare of a student was concluded. In such circumstances, the database may not include specific information relating to the alleged misconduct until permitted by subsection (4). This subparagraph does not limit or restrict the duty of the district school board to investigate the complaint and report the findings and conclusion to the department. 3\. Each district school board shall develop and adopt policies and procedures to comply with this reporting requirement. School board policies and procedures must include standards for screening, hiring, and terminating instructional personnel and school administrators, as defined in s. 1012.01; standards of ethical conduct for instructional personnel and school administrators; the duties of instructional personnel and school administrators for upholding the standards; detailed procedures for reporting alleged misconduct by instructional personnel and school administrators which affects the health, safety, or welfare of a student; requirements for the reassignment of instructional personnel and school administrators pending the outcome of a misconduct investigation; and penalties for failing to comply with s. 1001.51 or s. 1012.795. The district school board policies and procedures must include appropriate penalties for all personnel of the district school board for nonreporting and procedures for promptly informing the district school superintendent of each legally sufficient complaint. The district school superintendent is charged with knowledge of these policies and procedures and is accountable for the training of all instructional personnel and school administrators of the school district on the standards of ethical conduct, policies, and procedures. 4\. If the district school superintendent has knowledge of a legally sufficient complaint and does not report the complaint, or fails to enforce the policies and procedures of the district school board, and fails to comply with the requirements of this subsection, in addition to other actions against certificateholders authorized by law, the district school superintendent is subject to penalties as specified in s. 1001.51(12). 5\. If the superintendent determines that misconduct by instructional personnel or school administrators who hold an educator certificate affects the health, safety, or welfare of a student and the misconduct warrants termination, the instructional personnel or school administrators may resign or be terminated, and the superintendent must report the misconduct to the department in the format prescribed by the department. The department shall maintain each report of misconduct as a public record in the instructional personnel’s or school administrators’ certification files. This paragraph does not limit or restrict the power and duty of the department to investigate complaints regarding certificateholders, regardless of the school district’s untimely filing, or failure to file, complaints and followup reports. This subparagraph does not create a duty for the department to investigate complaints regarding noncertificateholders. (e) If allegations arise against an employee who is certified under s. 1012.56 and employed in an educator-certificated position in any public school, charter school or governing board thereof, or private school that accepts scholarship students who participate in a state scholarship program under chapter 1002, the school shall file in writing with the department a legally sufficient complaint within 30 days after the date on which the subject matter of the complaint came to the attention of the school, regardless of whether the subject of the allegations is still an employee of the school. A complaint is legally sufficient if it contains ultimate facts that show a violation has occurred as provided in s. 1012.795 and defined by rule of the State Board of Education. The school shall include all known information relating to the complaint with the filing of the complaint. This paragraph does not limit or restrict the power and duty of the department to investigate complaints, regardless of the school’s untimely filing, or failure to file, complaints and followup reports. A school described in this paragraph shall immediately notify the department if the subject of a legally sufficient complaint of misconduct affecting the health, safety, or welfare of a student resigns or is terminated before the conclusion of the school’s investigation. Upon receipt of the notification, the department shall place an alert on the person’s certification file indicating that he or she resigned or was terminated before an investigation involving allegations of misconduct affecting the health, safety, or welfare of a student was concluded and place the person on the disqualification list maintained by the department pursuant to s. 1001.10(4)(b). In such circumstances, the database may not include specific information relating to the alleged misconduct until permitted by subsection (4). (f) Notwithstanding any other law, all law enforcement agencies, state attorneys, social service agencies, district school boards, and the Division of Administrative Hearings shall fully cooperate with and, upon request, shall provide unredacted documents to the Department of Education to further investigations and prosecutions conducted pursuant to this section. Any document received may not be redisclosed except as authorized by law. (2) The Commissioner of Education shall develop job specifications for investigative personnel employed by the department. Such specifications shall be substantially equivalent to or greater than those job specifications of investigative personnel employed by the Department of Business and Professional Regulation. The department may contract with the Department of Business and Professional Regulation for investigations. No person who is responsible for conducting an investigation of a teacher or administrator may prosecute the same case. The department general counsel or members of that staff may conduct prosecutions under this section. (3) The department staff shall advise the commissioner concerning the findings of the investigation and of all referrals by the Florida High School Athletic Association (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The department general counsel or members of that staff shall review the investigation or the referral and advise the commissioner concerning probable cause or lack thereof. The determination of probable cause shall be made by the commissioner. The commissioner shall provide an opportunity for a conference, if requested, prior to determining probable cause. The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause if, in his or her judgment, such agreements are in the best interests of the department, the certificateholder, and the public. Such deferred prosecution agreements shall become effective when filed with the clerk of the Education Practices Commission. However, a deferred prosecution agreement may not be entered into if there is probable cause to believe that a felony or an act of moral turpitude, as defined by rule of the State Board of Education, has occurred, or for referrals by the FHSAA. Upon finding no probable cause, the commissioner shall dismiss the complaint and may issue a letter of guidance to the certificateholder. (4) The complaint and all information obtained pursuant to the investigation by the department shall be confidential and exempt from the provisions of s. 119.07(1) until the conclusion of the preliminary investigation of the complaint, until such time as the preliminary investigation ceases to be active, or until such time as otherwise provided by s. 1012.798(6). However, the complaint and all material assembled during the investigation may be inspected and copied by the certificateholder under investigation, or the certificateholder’s designee, after the investigation is concluded, but prior to the determination of probable cause by the commissioner. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed, the complaint and information shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation is concluded with the finding that there is probable cause to proceed and a complaint is filed pursuant to subsection (6), the complaint and information shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation ceases to be active, the complaint and all such material shall be open thereafter to inspection pursuant to s. 119.07(1), except as otherwise provided pursuant to s. 1012.798(6). For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. (5) When an allegation of misconduct by instructional personnel or school administrators, as defined in s. 1012.01, is received, if the alleged misconduct affects the health, safety, or welfare of a student, the district school superintendent in consultation with the school principal, or upon the request of the Commissioner of Education, must, at a minimum, immediately suspend the instructional personnel or school administrators from regularly assigned duties, with pay, and remove the suspended personnel or administrators from positions that may require direct contact with students in the district school system. Such suspension shall continue until submission of a legally sufficient complaint. The proceedings and determination of sanctions shall be completed by a school district within 1 year after submission of the legally sufficient complaint. (6) Upon the finding of probable cause, the commissioner shall file a formal complaint and prosecute the complaint pursuant to the provisions of chapter 120. An administrative law judge shall be assigned by the Division of Administrative Hearings of the Department of Management Services to hear the complaint if there are disputed issues of material fact. The administrative law judge shall make recommendations in accordance with the provisions of subsection (7) to the appropriate Education Practices Commission panel which shall conduct a formal review of such recommendations and other pertinent information and issue a final order. The commission shall consult with its legal counsel prior to issuance of a final order. (7) A panel of the commission shall enter a final order either dismissing the complaint or imposing one or more of the following penalties: (a) Denial of an application for a certificate or for an administrative or supervisory endorsement on a teaching certificate. The denial may provide that the applicant may not reapply for certification, and that the department may refuse to consider that applicant’s application, for a specified period of time or permanently. (b) Revocation or suspension of a certificate. (c) Imposition of an administrative fine not to exceed $2,000 for each count or separate offense. (d) Placement of the teacher, administrator, or supervisor on probation for a period of time and subject to such conditions as the commission may specify, including requiring the certified teacher, administrator, or supervisor to complete additional appropriate college courses or work with another certified educator, with the administrative costs of monitoring the probation assessed to the educator placed on probation. An educator who has been placed on probation shall, at a minimum: 1\. Immediately notify the investigative office in the Department of Education upon employment or separation from employment in any public or private position requiring a Florida educator’s certificate. 2\. Have his or her immediate supervisor submit annual performance reports to the investigative office in the Department of Education. 3\. Pay to the commission within the first 6 months of each probation year the administrative costs of monitoring probation assessed to the educator. 4\. Violate no law and fully comply with all district school board policies, school rules, and State Board of Education rules. 5\. Satisfactorily perform his or her assigned duties in a competent, professional manner. 6\. Bear all costs of complying with the terms of a final order entered by the commission. (e) Restriction of the authorized scope of practice of the teacher, administrator, or supervisor. (f) Reprimand of the teacher, administrator, or supervisor in writing, with a copy to be placed in the certification file of such person. (g) Imposition of an administrative sanction, upon a person whose teaching certificate has expired, for an act or acts committed while that person possessed a teaching certificate or an expired certificate subject to late renewal, which sanction bars that person from applying for a new certificate for a period of 10 years or less, or permanently. (h) Refer the teacher, administrator, or supervisor to the recovery network program provided in s. 1012.798 under such terms and conditions as the commission may specify. (i) Direct the department to place instructional personnel or school administrators on the disqualification list maintained by the department pursuant to s. 1001.10(4)(b) for conduct that would render the person ineligible pursuant to s. 1012.315 or sexual misconduct with a student. The penalties imposed under this subsection are in addition to, and not in lieu of, the penalties required for a third recruiting offense pursuant to s. 1006.20(2)(b). (8) Violations of the provisions of a final order shall result in an order to show cause issued by the clerk of the Education Practices Commission if requested by the Department of Education. Upon failure of the educator, at the time and place stated in the order, to show cause satisfactorily to the Education Practices Commission why a penalty for violating the provisions of a final order should not be imposed, the Education Practices Commission shall impose whatever penalty is appropriate as established in s. 1012.795(6). The Department of Education shall prosecute the individual ordered to show cause before the Education Practices Commission. The Department of Education and the individual may enter into a settlement agreement, which shall be presented to the Education Practices Commission for consideration. Any probation period will be tolled when an order to show cause has been issued until the issue is resolved by the Education Practices Commission; however, the other terms and conditions of the final order shall be in full force and effect until changed by the Education Practices Commission. (9) All moneys collected by, or awarded to, the commission as fees, fines, penalties, or costs shall be deposited into the Educational Certification and Service Trust Fund pursuant to s. 1012.59. (10) A person on the disqualification list maintained by the department pursuant to s. 1001.10(4)(b) shall be notified that he or she may not serve or apply to serve as an employee or contracted personnel at a public school or private school that participates in a state scholarship program under chapter 1002. A person who knowingly violates this provision commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. # 1013.12 - Casualty, safety, sanitation, and firesafety standards and inspection of property Effective July 1, 2022 (Last Updated in 2014) The statutes regarding casualty, safety and sanitary inspections. Charter Schools are subject to 1013.12(2)(c) if they lease space from the district, otherwise 1013.12(5)(b). [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1012/1012.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1012/1012.html) #### 1013.12 Casualty, safety, sanitation, and firesafety standards and inspection of property. **(1) FIRESAFETY.—** The State Board of Education shall adopt and administer rules prescribing standards for the safety and health of occupants of educational and ancillary plants as a part of State Requirements for Educational Facilities or the Florida Building Code for educational facilities construction as provided in s. 1013.37, except that the State Fire Marshal in consultation with the Department of Education shall adopt uniform firesafety standards for educational and ancillary plants and educational facilities, as provided in s. 633.206(1)(b), and a firesafety evaluation system to be used as an alternate firesafety inspection standard for existing educational and ancillary plants and educational facilities. The uniform firesafety standards and the alternate firesafety evaluation system shall be administered and enforced by fire officials certified by the State Fire Marshal under s. 633.216. These standards must be used by all public agencies when inspecting public educational and ancillary plants, and the firesafety standards must be used by county, municipal, or independent special fire control district inspectors when performing firesafety inspections of public educational and ancillary plants and educational facilities. In accordance with such standards, each board shall prescribe policies and procedures establishing a comprehensive program of safety and sanitation for the protection of occupants of public educational and ancillary plants. Such policies must contain procedures for periodic inspections as prescribed in this section or chapter 633 and for withdrawal of any educational and ancillary plant, or portion thereof, from use until unsafe or unsanitary conditions are corrected or removed. **(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL BOARDS.—** (a) Each board shall provide for periodic inspection, other than firesafety inspection, of each educational and ancillary plant at least once during each fiscal year to determine compliance with standards of sanitation and casualty safety prescribed in the rules of the State Board of Education. (b) Each school cafeteria must post in a visible location and on the school website the school’s semiannual sanitation certificate and a copy of its most recent sanitation inspection report. (c) Under the direction of the fire official appointed by the board under s. 1013.371(2), firesafety inspections of each educational and ancillary plant located on property owned or leased by the board, or other educational facilities operated by the board, must be made no sooner than 1 year after issuance of a certificate of occupancy and annually thereafter. Such inspections shall be made by persons certified by the Division of State Fire Marshal under s. 633.216 to conduct firesafety inspections in public educational and ancillary plants. The board shall submit a copy of the firesafety inspection report to the county, municipality, or independent special fire control district providing fire protection services to the school facility within 10 business days after the date of the inspection. Alternate schedules for delivery of reports may be agreed upon between the school district and the county, municipality, or independent special fire control district providing fire protection services to the site in cases in which delivery is impossible due to hurricanes or other natural disasters. Regardless, if immediate life-threatening deficiencies are noted in the report, the report shall be delivered immediately. In addition, the board and any other authority conducting the fire safety inspection shall certify to the State Fire Marshal that the annual inspection has been completed. The certification shall be made electronically or by such other means as directed by the State Fire Marshal. (d) In each firesafety inspection report, the board shall include a plan of action and a schedule for the correction of each deficiency. If immediate life-threatening deficiencies are noted in any inspection, the board shall take action to promptly correct the deficiencies or withdraw the educational or ancillary plant from use until such time as the deficiencies are corrected. **(3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC AGENCIES.—** (a) A safety or sanitation inspection of any educational or ancillary plant may be made at any time by the Department of Education or any other state or local agency authorized or required to conduct such inspections by either general or special law. Each agency conducting inspections shall use the standards adopted by the Commissioner of Education in lieu of, and to the exclusion of, any other inspection standards prescribed either by statute or administrative rule. The agency shall submit a copy of the inspection report to the board. (b) One firesafety inspection of each educational or ancillary plant located on the property owned or leased by the board, or other educational or ancillary plants operated by the school board, and each public college may be conducted no sooner than 1 year after the issuance of the certificate of occupancy and annually thereafter by the county, municipality, or independent special fire control district in which the plant is located using the standards adopted by the State Fire Marshal. The board or public college shall cooperate with the inspecting authority when a firesafety inspection is made by a governmental authority under this paragraph. (c) In each firesafety inspection report prepared pursuant to this subsection, the county, municipality, or independent special fire control district, in conjunction with the board, shall include a plan of action and a schedule for the correction of each deficiency. If immediate life-threatening deficiencies are noted in any inspection, the local county, municipality, or independent special fire control district, in conjunction with the fire official appointed by the board, shall take action to require the board to promptly correct the deficiencies or withdraw the educational or ancillary plant from use until the deficiencies are corrected, subject to review by the State Fire Marshal who shall act within 10 days to ensure that the deficiencies are corrected or withdraw the plant from use. **(4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY DEFICIENCIES.—** Upon failure of the board to take corrective action within a reasonable time, the agency making the inspection, other than a local fire official, may request the commissioner to: (a) Order that appropriate action be taken to correct all deficiencies in accordance with a schedule determined jointly by the inspecting authority and the board; in developing the schedule, consideration must be given to the seriousness of the deficiencies and the ability of the board to obtain the necessary funds; or (b) After 30 calendar days’ notice to the board, order all or a portion of the educational or ancillary plant withdrawn from use until the deficiencies are corrected. **(5) INSPECTIONS OF CHARTER SCHOOLS NOT LOCATED ON BOARD-OWNED OR LEASED PROPERTY OR OTHERWISE OPERATED BY A SCHOOL BOARD.—** (a) A safety or sanitation inspection of any educational or ancillary plant may be made at any time by a state or local agency authorized or required to conduct such inspections by general or special law. The agency shall submit a copy of the inspection report to the charter school sponsor. (b) One firesafety inspection of each charter school that is not located in facilities owned or leased by the board or a public college must be conducted each fiscal year by the county, municipality, or independent special fire control district in which the charter school is located using the standards adopted by the State Fire Marshal. Upon request, the inspecting authority shall provide a copy of each firesafety report to the board in the district in which the facility is located. (c) In each firesafety inspection report and formulated in consultation with the charter school, the inspecting authority shall include a plan of action and a schedule for the correction of each deficiency. If any immediate life-threatening deficiency is noted in any inspection, the inspecting authority shall take action to require the charter school to promptly correct each deficiency or withdraw the educational or ancillary plant from use until such time as all deficiencies are corrected. (d) If the charter school fails to take corrective action within the period designated in the plan of action to correct any firesafety deficiency noted under paragraph (c), the county, municipality, or independent special fire control district shall immediately report the deficiency to the State Fire Marshal and the charter school sponsor. The State Fire Marshal has enforcement authority with respect to charter school educational and ancillary plants and educational facilities as provided in chapter 633 for any building or structure. **(6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION FACILITIES.—** (a) Firesafety inspections of public college facilities, including charter schools located on board-owned or board-leased facilities or otherwise operated by public college boards, shall be made in accordance with the Florida Fire Prevention Code, as adopted by the State Fire Marshal. Notwithstanding s. 633.202, provisions of the code relating to inspections of such facilities are not subject to any local amendments as provided by s. 1013.371. Each public college facility shall be inspected annually by persons certified under s. 633.216. (b) After each required firesafety inspection, the inspecting authority shall develop a plan of action to correct each deficiency identified. The public college shall provide a copy of each firesafety inspection report to the county, municipality, or independent special fire control district in which the facility is located. (c) Firesafety inspections of state universities shall comply with the Florida Fire Prevention Code, as adopted by the State Fire Marshal under s. 633.202. **(7) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.—** If a school board, public college board, or charter school fails to correct any firesafety deficiency noted under this section within the time designated in the plan of action, the inspecting authority shall immediately report the deficiency to the State Fire Marshal, who has enforcement authority with respect to educational and ancillary plants and educational facilities as provided in chapter 633 for any other building or structure. **(8) ADDITIONAL STANDARDS.—** In addition to any other rules adopted under this section or s. 633.206, the State Fire Marshal in consultation with the Department of Education shall adopt and administer rules prescribing the following standards for the safety and health of occupants of educational and ancillary plants: (a) The designation of serious life-safety hazards, including, but not limited to, nonfunctional fire alarm systems, nonfunctional fire sprinkler systems, doors with padlocks or other locks or devices that preclude egress at any time, inadequate exits, hazardous electrical system conditions, potential structural failure, and storage conditions that create a fire hazard. (b) The proper placement of functional smoke and heat detectors and accessible, unexpired fire extinguishers. (c) The maintenance of fire doors without doorstops or wedges improperly holding them open. # 1014.01 - “Parents’ Bill of Rights.” Effective July 1, 2022 (Last Updated in 2021) This new statute provides parents a set of rights which apply to schools. [http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=1000-1099/1014/1014.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1014/1014.html) #### 1014.01 “Parents’ Bill of Rights.” #### 1014.02 Legislative findings and definition.— (1) The Legislature finds that it is a fundamental right of parents to direct the upbringing, education, and care of their minor children. The Legislature further finds that important information relating to a minor child should not be withheld, either inadvertently or purposefully, from his or her parent, including information relating to the minor child’s health, well-being, and education, while the minor child is in the custody of the school district. The Legislature further finds it is necessary to establish a consistent mechanism for parents to be notified of information relating to the health and well-being of their minor children. (2) For purposes of this chapter, the term “parent” means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian. #### 1014.03 Infringement of parental rights.— The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means. #### #### 1014.04 Parental rights.— (1) All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in this state: (a) The right to direct the education and care of his or her minor child. (b) The right to direct the upbringing and the moral or religious training of his or her minor child. (c) The right, pursuant to s. 1002.20(2)(b) and (6), to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law. (d) The right, pursuant to s. 1002.20(13), to access and review all school records relating to his or her minor child. (e) The right to make health care decisions for his or her minor child, unless otherwise prohibited by law. (f) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released. (g) The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored. (h) The right to consent in writing before any record of his or her minor child’s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. (i) The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal or Department of Children and Families investigation or is to be used solely for the following purposes: 1\. A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles; 2\. A purpose related to a legitimate academic or extracurricular activity; 3\. A purpose related to regular classroom instructions; 4\. Security or surveillance of buildings or grounds; or 5\. A photo identification card. (j) The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation. (2) This section does not: (a) Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of general law; (b) Condone, authorize, approve, or apply to a parental action or decision that would end life; (c) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in his or her official capacity within the reasonable and prudent scope of his or her authority; or (d) Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law. (3) An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action. (4) A parent of a minor child in this state has inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived or terminated. This chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter may not be construed to apply to a parental action or decision that would end life. #### #### 1014.05 School district notifications on parental rights.— (1) Each district school board shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the public school system. Such policy must include: (a) A plan, pursuant to s. 1002.23, for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline. (b) A procedure, pursuant to s. 1002.20(19)(b), for a parent to learn about his or her minor child’s course of study, including the source of any supplemental education materials. (c) Procedures, pursuant to s. 1006.28(2)(a)2., for a parent to object to instructional materials and other materials used in the classroom. Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful. For purposes of this section, the term “instructional materials” has the same meaning as in s. 1006.29(2) and may include other materials used in the classroom, including workbooks and worksheets, handouts, software, applications, and any digital media made available to students. (d) Procedures, pursuant to s. 1002.20(3)(d), for a parent to withdraw his or her minor child from any portion of the school district’s comprehensive health education required under s. 1003.42(2)(n) that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her minor child’s participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from those portions of the course. (e) Procedures, pursuant to s. 1006.195(1)(a), for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child’s school, including those that are extracurricular or part of the school curriculum. (f) Procedures for a parent to learn about parental rights and responsibilities under general law, including all of the following: 1\. Pursuant to s. 1002.20(3)(d), the right to opt his or her minor child out of any portion of the school district’s comprehensive health education required under s. 1003.42(2)(n) that relates to sex education instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality. 2\. A plan to disseminate information, pursuant to s. 1002.20(6), about school choice options, including open enrollment. 3\. In accordance with s. 1002.20(3)(b), the right of a parent to exempt his or her minor child from immunizations. 4\. In accordance with s. 1008.22, the right of a parent to review statewide, standardized assessment results. 5\. In accordance with s. 1003.57, the right of a parent to enroll his or her minor child in gifted or special education programs. 6\. In accordance with s. 1006.28(2)(a)1., the right of a parent to inspect school district instructional materials. 7\. In accordance with s. 1008.25, the right of a parent to access information relating to the school district’s policies for promotion or retention, including high school graduation requirements. 8\. In accordance with s. 1002.20(14), the right of a parent to receive a school report card and be informed of his or her minor child’s attendance requirements. 9\. In accordance with s. 1002.23, the right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements. 10\. In accordance with s. 1002.23(4), the right of a parent to participate in parent-teacher associations and organizations that are sanctioned by a district school board or the Department of Education. 11\. In accordance with s. 1002.222(1)(a), the right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law. (2) A district school board may provide the information required in this section electronically or post such information on its website. (3) A parent may request, in writing, from the district school superintendent the information required under this section. Within 10 days, the district school superintendent must provide such information to the parent. If the district school superintendent denies a parent’s request for information or does not respond to the parent’s request within 10 days, the parent may appeal the denial to the district school board. The district school board must place a parent’s appeal on the agenda for its next public meeting. If it is too late for a parent’s appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting. #### 1014.06 Parental consent for health care services.— (1) Except as otherwise provided by law, a health care practitioner, as defined in s. 456.001, or an individual employed by such health care practitioner may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent. (2) Except as otherwise provided by law or a court order, a provider, as defined in s. 408.803, may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent. (3) This section does not apply to an abortion, which is governed by chapter 390. (4) This section does not apply to services provided by a clinical laboratory, unless the services are delivered through a direct encounter with the minor at the clinical laboratory facility. For purposes of this subsection, the term “clinical laboratory” has the same meaning as provided in s. 483.803. (5) A health care practitioner or other person who violates this section is subject to disciplinary action pursuant to s. 408.813 or s. 456.072, as applicable, and commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. # State Board of Education Administrative Rules # State Board Rule 6A-6.079 – Charter School Review Commission Effective August 29, 2023 Charter schools are required to match their educational program to the K-12 Reading Plan in the charter application. This rule is the setup for the plans. [https://www.flrules.org/gateway/RuleNo.asp?id=6A-6.0792](https://www.flrules.org/gateway/RuleNo.asp?id=6A-6.0792) #### 6A-6.0792 Charter School Review Commission. **(1) Purpose.** The purpose of this rule is to set forth the process by which the Charter School Review Commission will review charter school applications and subsequently inform the applicant and sponsor on whether the Commission has approved or denied an application. **(2) Definitions.** (a) “Applicant” means the proposed charter school. (b) “Commission means the Charter School Review Commission. (c) “Department” means the Florida Department of Education. (d) “Institute” means the entity selected by the Department pursuant to s. 1002.3301, F.S., for purposes of providing administrative and technical assistance by reviewing and providing an analysis of charter school applications submitted to the Commission. (e) “Sponsor” means a district school board of the school district in which the proposed charter school will be located. **(3) The Commission.** (a) The Commission must consist of seven (7) members who have charter school experience, selected by the State Board of Education and subject to confirmation by the Senate. (b) The Commissioner of Education must designate one member as the chair. Each member must be appointed to a 4-year term. However, for the purpose of achieving staggered terms, of the initial appointments, three (3) members must be appointed to 2-year terms and four (4) members must be appointed to 4-year terms. All subsequent appointments must be for 4-year terms. **(4) Application submission.** (a) In order to request an application review from the Charter School Review Commission, an applicant must submit a completed Model Florida Charter School Application to the Institute using Form IEPC-M1, incorporated by referenced in Rule 6A-6.0786, F.A.C., which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. Information on the Institute’s method of receiving applications electronically also may be obtained at http://www.floridaschoolchoice.org. (b) In addition to IEPC-M1, an applicant must submit the Standard Letter of Intent for Commission Review, incorporated in this rule as IEPC-LOI, effective November 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16021), which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. (c) Within three (3) calendar days after an applicant submits an application to the Institute, the applicant must also provide a copy of the application to the school district in which the proposed charter school will be located. Within thirty (30) calendar days after receiving a copy of the application, the school district may provide input using the Standard Form for District School Board Input, Form IEPC-INP, effective November 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16022) incorporated by reference in this rule, and which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. **(5) Application review.** (a) Within twenty- four (24) hours of receiving an application, the Institute must notify the Department of the date and time the application was received, the applicant’s name, and the proposed sponsor. (b) The Institute must complete its review of an application no later than thirty (30) days prior to the scheduled meeting of the Commission. (c) The Institute must conduct a complete and thorough review of the application. The Institute, at its discretion, may request additional or supplemental information from the applicant, or the sponsor in which the proposed charter school will be located, and must consider such information. (d) The application review must include an interview of the applicant’s team. The interview may be conducted via electronic means. (e) The Institute must consider input from the district in which the proposed charter school would be located as described in paragraph (4)(c) of this rule. **(6) Recommendations to the Commission.** (a) Upon completion of the application review and no later than thirty (30) days prior to the scheduled meeting of the Commission, the Institute must submit its recommendation to the Department using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, incorporated by reference in Rule 6A-6.0786, F.A.C. Form IEPC-M2 may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. (b) With its recommendation, the Institute must also submit to the Department a summary document describing the Institute’s analysis of the application and addressing any specific concerns asserted by the proposed sponsor. (c) Any documents or information used or relied upon in analyzing the application and making the recommendation, including available transcripts, must be submitted to the Department with the recommendation and summary document. **(7) Meetings of the Commission.** (a) General requirements. 1\. All meetings of the Commission must be publicly noticed and open to the public. 2\. A majority of the members of the Commission constitutes a quorum. 3\. A majority of the Commission will meet four (4) times each year, or as required. 4\. Meeting dates of the Commission will be published on an annual basis on the Department’s website at http://www.floridaschoolchoice.org, or may be obtained from the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Tallahassee, Florida 32399-0400. (b) Commission meeting procedures for considering complete applications. 1\. To have an application considered during a meeting of the Commission, an applicant must submit a completed application pursuant to subsection (4) of this rule at least ninety (90) days prior to the date the Commission is scheduled to meet. Applications submitted less than ninety (90) days before that date will be considered at a future meeting, or the next available date. 2\. At the Commission meeting in which the applicant’s application is being considered for approval, the applicant may present information on its application before the Commission for a maximum of five (5) minutes. 3\. The Department and, as necessary, the Institute will be provided with five (5) minutes to present its analysis and recommendations to the Commission. 4\. The proposed sponsor, if in attendance, may, at its discretion, address the input it provided during the application review period pursuant to paragraph (4)(c) of this rule. 5\. The Commission may ask questions of the applicant, the Department, the Institute, or the sponsor, if attending the meeting. 6\. Upon reviewing the application, the relevant documents, the recommendations of the Department and the Institute, and considering the information presented at the meeting, the Commission must then proceed by majority vote to either approve or deny the charter school application. **(8) Informing the applicant and sponsor of the Commission’s decision.** (a) The chair of the Commission must inform the applicant and sponsor in writing as to the whether the Commission has approved or denied the charter application (b) Within thirty (30) days after the Commission’s decision approving the application, the district school board of the school district in which the proposed charter school will be located must provide an initial proposed charter contract to the charter school pursuant to Section 1002.33(7)(b), F.S., and Rule 6A-6.0786, F.A.C. (c) If the application is denied, the applicant may appeal the Commission’s decision in accordance with Section 1002.33(6)(c), F.S. --- *Rulemaking Authority 1002.33(28), 1002.3301 FS. Law Implemented 1001.02(1), (2)(n), 1002.33,1002.3301 FS. History–New11-29-23.* # State Board Rule 6A-6.053 - K-12 Reading Plan Effective August 29, 2023 Charter schools are required to match their educational program to the K-12 Reading Plan in the charter application. This rule is the setup for the plans. [https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.053](https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.053) #### 6A-6.053 K-12 Comprehensive Research-Based Reading Plan. (1) Annually, school districts shall submit a K-12 Comprehensive Evidence-Based Reading Plan (CERP) for the specific use of the evidence-based reading instruction allocation by June 15. The comprehensive reading plan must be approved by the applicable school board, charter school governing board, or lab school board of trustees, for the specific use of the evidence-based reading instruction allocation, based on a root-cause analysis. By July 1 of each year, the Department shall release to each school district its allocation of appropriated funds pending plan submission. The District K-12 CERP must accurately depict and detail the role of administration (both district and school level), professional development, assessment, curriculum, and instruction in the improvement of student learning of the B.E.S.T. English Language Arts Standards as provided in Rule 6A-1.09401, F.A.C. This information must be reflected for all schools and grade levels and shared with all stakeholders, including school administrators, literacy leadership teams, literacy coaches, classroom instructors, support staff, and parents. The District K-12 CERP must ensure that: (a) Leadership at the district and school level is guiding and supporting the initiative; (b) The analysis of data drives all decision-making; (c) All intensive reading interventions must be delivered by a teacher who is certified or endorsed in reading in accordance with Section (s.) 1011.62(8)(e), F.S., or instructional personnel pursuant to Section 1012.01(2), F.S., who possess a literacy micro-credential. For instructional personnel who possess a literacy micro-credential and provide intensive reading interventions, supervision must be provided by an individual certified or endorsed in reading; (d) Measurable student achievement goals are established and clearly described; (e) Evidence-based instructional materials and strategies have a significant effect on improving student outcomes and meet strong, moderate, or promising levels of evidence as defined in 20 U.S.C. s. 7801(21)(A)(i) and comply with Section 1001.215(8), F.S.; (2) Evidence-Based Reading Instruction Allocation. The evidence-based reading instruction allocation is created to provide comprehensive reading instruction to students in prekindergarten through grade 12. Districts will submit a budget for the Evidence-Based Reading Instruction Allocation, including salaries and benefits, professional development, assessment, and programs/materials, tutoring and incentives pursuant to Section 1011.62(8)(d), F.S. In accordance with Section 1008.25(3)(a), F.S., budgets must be prioritized for K-3 students with substantial deficiencies in reading as identified in subsection (10) of this rule. (3) School Literacy Leadership Teams. Districts must describe in the plan the process the principal will use to form and maintain a Literacy Leadership Team, consisting of a school administrator, literacy coach, media specialist, lead teachers, and other relevant team members, as applicable. (4) Professional Development. The plan must make adequate provisions to require principals to: (a) Provide the professional development required by Section 1012.98(4)(b)11., F.S., which includes training to help teachers integrate phonemic awareness, phonics, word study and spelling, fluency, vocabulary and text comprehension strategies into an explicit, systematic and sequential approach to reading instruction, including multisensory intervention strategies; (b) Differentiate and intensify professional development for teachers based on progress monitoring data; (c) Identify mentor teachers and establish model classrooms within the school; and (d) Ensure that time is provided for teachers to meet weekly for professional development including lesson study and professional learning communities. (5) Charter schools. Charter schools must utilize their proportionate share of the evidence-based reading allocation in accordance with Sections 1002.33(7)(a)2.a. and 1008.25(3)(a), F.S. All intensive reading interventions specified by the charter must be delivered in accordance with paragraph (1)(c) of this rule. (6) Literacy Coaches. (a) If the funding of literacy coaches is part of the Evidence-Based Reading Instruction Allocation budget, literacy coaches must be assigned to schools determined to have the greatest need based on student performance data in reading. (b) Districts must use the Just Read, Florida! literacy coach model or explain the evidence-based coaching model used in their district and how they will monitor the implementation and effectiveness of the coaching model. (c) The Just Read, Florida! literacy coach model is described below: 1\. The literacy coach will serve as a stable resource for professional development throughout a school to generate improvement in reading and literacy instruction and student achievement. Coaches will support and provide initial and ongoing professional development to teachers in: a. Each of the major reading components, as needed, based on an analysis of student performance data; b. Administration and analysis of instructional assessments; and c. Providing differentiated instruction and intensive interventions. 2\. Coaches will: a. Model effective instructional strategies for teachers in whole and small group instruction; b. Collect and use data on instructional practices to inform and implement professional learning activities; c. Train teachers to administer assessments, analyze data, and use data to differentiate instruction; d. Coach and mentor teachers daily; e. Work with teachers to ensure that evidence-based reading strategies and programs grounded in the science of reading are implemented with fidelity; f. Participate in literacy leadership teams; g. Continue to grow professionally to increase knowledge of and ability to apply effective pedagogy and andragogy; h. Prioritize time to teachers, activities, and roles that will have the greatest impact on student achievement in reading; and i. Work with school principals to plan and implement a consistent program of improving reading achievement using evidence-based strategies that demonstrate a statistically significant effect on improving student outcomes as defined in 20 U.S.C. s. 7801(21)(A)(i). 3\. Coaches are prohibited from performing administrative functions that will detract from their role as a literacy coach and must limit the time spent on administering or coordinating assessments. (d) Minimum Qualifications. Literacy coaches must have a minimum of a bachelor’s degree and be endorsed or K-12 certified in reading. Literacy coaches must have an effective or highly effective rating from the most recently available evaluation that contains student performance data. Literacy coaches must exhibit specialized knowledge of evidence-based reading instruction grounded in the science of reading, infusing evidence-based reading strategies into content area instruction, and data management skills. They must have a strong knowledge base in working with adult learners. Coaches must be excellent communicators with outstanding presentation, interpersonal, and time management skills. (7) District-level monitoring of the District K-12 CERP Implementation. The plan must demonstrate adequate provisions for: (a) Monitoring the level of implementation of the District K-12 CERP at the school level, including an explanation of the data that will be collected, the frequency of review, and actions for continuous support and improvement. Districts must also explain how concerns are communicated if it is determined that the District K-12 CERP is not being implemented in a systematic and explicit manner, based on data to meet the needs of students. (b) Reporting of data elements as required by the District K-12 CERP within the Comprehensive Management Information System as provided in Rule 6A-1.0014, F.A.C. These data elements include: 1\. Student Enrollment in Reading Interventions; 2\. Reading Endorsement competency status for teachers; 3\. Reading Certification progress status for teachers; and, 4\. Literacy Micro-Credential status for instructional personnel. (c) Evaluating District K-12 CERP implementation and impact on student achievement. 1\. Districts must annually evaluate the implementation of their District K-12 CERP on the form entitled District K-12 CERP Reflection Tool, after conducting a root-cause analysis of student performance data to evaluate the effectiveness of interventions. 2\. The evaluation must: a. Analyze elements of the district’s plan, including literacy leadership, literacy coaching, standards, curriculum, instruction, interventions, assessment, professional learning, tutoring services, and family engagement; b. Include input from teachers, literacy coaches, and administrators at the school level; c. Identify elements in need of improvement and evidence-based strategies to increase literacy outcomes for students; and d. Analyze the effectiveness of interventions implemented in the prior year. 3\. Districts must submit the District K-12 CERP Reflection Tool to the Just Read, Florida! Office by May 15 of each year. 4\. The district must use the evaluation to improve implementation of the district’s plan for the following school year to increase student achievement. (8) School-level monitoring of District K-12 CERP Implementation. (a) Districts must describe the process used by principals to monitor implementation of the reading plan, including frequent reading walkthroughs conducted by administrators. (b) Districts must describe how principals monitor collection and utilization of assessment data, including progress monitoring data, to inform instruction and support needs of students. (9) Assessment, Curriculum, and Instruction. (a) K-12 reading instruction will align with Florida’s Formula for Success, 6 + 4 + T1 + T2 + T3, which includes the following: 1\. Six (6) components of reading: oral language, phonological awareness, phonics, fluency, vocabulary, and comprehension; 2\. Four (4) types of classroom assessments: screening, progress monitoring, diagnostic, and summative; 3\. Three (3) tiers of instruction that are standards-aligned; include accommodations for students with a disability, students with an Individual Educational Plan (IEP), and students who are English language learners; and incorporate the principles of Universal Design for Learning as defined in 34 C.F.R. 200.2(b)(2)(ii); a. Core Instruction (Tier 1): provides print-rich explicit and systematic, scaffolded, differentiated instruction, and corrective feedback; builds background and content knowledge; incorporates writing in response to reading; b. Supplemental Instruction/Interventions (Tier 2): provides explicit, systematic, small group teacher-led instruction matched to student need, targeting gaps in learning to reduce barriers to students’ ability to meet Tier 1 expectations; provides multiple opportunities to practice the targeted skill(s) and receive corrective feedback; occurs in addition to core instruction; and c. Intensive, Individualized Instruction/Interventions (Tier 3): provides explicit, systematic, individualized instruction based on student need, one-on-one or very small group instruction with more guided practice, immediate corrective feedback, and frequent progress monitoring; and occurs in addition to core instruction and Tier 2 interventions. Tier 3 interventions must be provided to students identified as having a substantial reading deficiency as defined in subsection (10) of this rule. All intensive reading interventions must be delivered in accordance with paragraph (1)(c) of this rule. (b) Elementary schools must teach reading in a dedicated, uninterrupted block of time of at least ninety (90) minutes duration daily to all students. The reading block will include whole group instruction utilizing an evidence-based sequence of reading instruction and small group differentiated instruction in order to meet individual student needs. (c) Data from the results of progress monitoring and formative assessments will guide differentiation of instruction and interventions in the classroom. (d) Districts are required to develop Assessment/Curriculum Decision Trees to demonstrate how data will be used to determine specific reading instructional needs and interventions for all students in grades K-12. The chart must include: 1\. Name of assessment(s): screening, progress monitoring, diagnostic, local assessment data, statewide assessments, or teacher observations in use within the district. For students in the Voluntary Prekindergarten Education Program through grade 10, the coordinated screening and progress monitoring system must be administered pursuant to Section 1008.25(8)(b), F.S., and included as a component of the Assessment/Curriculum Decision Trees. 2\. Targeted audience (grade level); 3\. Performance criteria used for decision-making for each instrument listed in subparagraph (9)(d)1. of this rule at each grade level; 4\. Assessment/curriculum connection; 5\. The decision trees must include specific criteria for when students are identified to receive intensive reading interventions, what intensive reading interventions will be used, how the intensive reading interventions are provided, and assurance that intensive reading interventions are delivered in accordance with paragraph (1)(c) of this rule. 6\. Districts must identify the multisensory interventions provided to students in grades K-3 who have a substantial deficiency in reading. (10) Identification of Students with a Substantial Reading Deficiency. In accordance with Section 1008.25(4)(c), F.S., students identified with a substantial reading deficiency as determined in Section 1008.25(5)(a), F.S., must be covered by a federally required student plan, such as an Individual Educational Plan (IEP) or an individualized progress monitoring plan, or both, as necessary. A kindergarten through grade 3 student is identified as having a substantial deficiency in reading if the following criteria are met: (a) For kindergarten, the student scores below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment at the beginning, middle, or end of the year on the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S., and the student has demonstrated, through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; fluency; and comprehension; (b) For grades 1 and 2, the student scores below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment for the specified testing window of the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S., and the student has demonstrated, through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; fluency; and comprehension; or (c) For grade 3, the student scores: 1\. Below the twentieth (20th) percentile at the beginning or middle of the year on the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S., and the student has demonstrated, through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; fluency; and comprehension; or 2\. Level 1 on the end of the year statewide, standardized English Language Arts assessment pursuant to Section 1008.22(3)(a), F.S. (11) Family Engagement through a Read-at-Home Plan. In accordance with Section 1008.25(5)(c), F.S., the parent of any student who exhibits a substantial deficiency in reading, as identified in accordance with subsection (10) of this rule, must be provided a read-at-home plan, including multisensory strategies, that the parent can use to help with reading at home. (12) Summer Reading Camps. For summer reading camps required by Section 1008.25(7), F.S., districts must: (a) Provide instruction to grade 3 students who score Level 1 on the statewide, standardized English Language Arts assessment; (b) Implement evidence-based, explicit, systematic, and multisensory reading instruction in phonemic awareness, phonics, fluency, vocabulary, and comprehension; and (c) Provide instruction by a teacher endorsed or certified in reading. (13) The following documents are incorporated by reference in this rule: (a) District K-12 CERP Reflection Tool, Form No. CERP-RT, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15159) effective, February 2023; (b) 20 U.S.C. s. 7801(21)(A)(i) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12691), effective, December 10, 2015; and (c) 34 C.F.R. s. 200.2(b)(2)(ii) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12692), effective, December 8, 2016. --- *These documents may be obtained from the Department at https://www.fldoe.org/academics/standards/just-read-fl/readingplan.stml.* # State Board Rule 6A-6.0781 - Charter Appeals Effective November 21, 2017 This rule discusses the process for appealing a denial of a charter application. [https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0781](https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0781) #### 6A-6.0781 Procedures for Appealing a District School Board Decision Denying Application for Charter School. The procedures for filing and reviewing all appeals to the State Board of Education under provisions of Section 1002.33(6), F.S., shall be as follows: (1) Appealing a Charter School Application Denial. The district school board letter of denial required by Section 1002.33(6)(b)3.a., F.S., shall be provided to the applicant by the district school board via certified mail unless the applicant agrees in writing to accept receipt by hand delivery, regular mail, facsimile or electronic mail. Receipt of delivery shall be documented and filed with the Agency Clerk for the Department of Education. Within thirty (30) days after receipt by certified mail, or other verified mode of transmittal as provided by the parties’ agreement, the decision of a district school board denying an application for a Charter School, the charter applicant may appeal the decision by submitting one (1) electronic copy and five (5) hard copies of the appeal to the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, Tallahassee, Florida 32399-0400. (a) A copy of the appeal shall be sent by the applicant via regular mail or hand delivery, or by other mode of transmittal as provided by the parties’ agreement, to the district school board, via the Superintendent or a designee of the Superintendent as specified within the letter of denial on or before the date of filing with the Agency Clerk. The applicant shall certify that it has provided the district school board a copy of the appeal as provided herein by filing a certificate of service with the Agency Clerk stating the person and address to which the copy was provided and the date of mailing or other transmittal. The State Board of Education does not have jurisdiction to hear late-filed appeals. The appeal must include: name and address of applicant; name and address of the district school board; date of the district school board decision; name and address of applicant’s attorney or representative of record, if any; and written argument limited to due process and the reasons for denial identified in the district school board’s notice of denial. (b) The Charter School application, Form IEPC-M2 Florida Charter School Application Evaluation Instrument as incorporated by reference in Rule 6A-6.0786, F.A.C., available transcripts of all meetings before the district school board in which the decision was considered, and all documents considered by the district school board in making its decision shall constitute the record on appeal and shall be filed as exhibits to the appeal. (c) Within thirty (30) days after receipt of the appeal the district school board shall file one (1) electronic copy and five (5) hard copies of its written arguments with the Agency Clerk for the Department of Education and certify that it has provided a copy to the charter school applicant or representative identified in the applicant’s appeal by U.S. Mail, hand delivery, or other agreed upon mode of transmittal. The district school board shall file with its written arguments all documents considered by the district school board in making its decision that were not filed as exhibits to the applicant’s appeal. The written arguments are limited to the reasons for denial identified in the district school board’s notice of denial and any issues raised by the applicant in its appeal. (d) Such written arguments required from both parties shall not exceed twenty (20) pages exclusive of any exhibit. The Chair of the Charter School Appeal Commission may grant leave to exceed the page limit only when necessary for both parties to address an extraordinarily large or complex set of issues on appeal. Written arguments may be produced by any duplicating or copying process which produces a clear black image on white paper. All written arguments shall be on 8 1/2'' x 11'' inch paper, double spaced, except quoted material and footnotes. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one inch at the top, bottom, left and right. All written arguments and exhibits must be bound with tabs for each exhibit with a table of contents detailing each section. Electronic and hardcopy appeal documents shall be numbered consecutively throughout the entire submission with no breaks. (e) Failure to meet the requirements herein specified may cause rejection of the submission by the Chair of the Charter School Appeal Commission, where the failure could result in prejudice to the opposing party. The rejection shall describe the submission errors and the filing party shall have fifteen (15) days to resubmit an appeal that meets the requirements herein. (2) Procedures for Charter School Appeals. Upon receipt of a timely filed appeal by a Charter School applicant, the Commissioner of Education or designee, shall convene a meeting of the Charter School Appeal Commission to consider the appeal, with at least seven (7) days notice to the applicant and the district school board of that hearing date. (a) At the hearing before the Charter School Appeal Commission, each party will be given a maximum of ten (10) minutes to allow representative(s) to summarize the written arguments previously submitted. Each party will also be given additional time, as determined by the Chair of the Charter School Appeal Commission, to individually address each of the reasons for denial. No evidence will be received or testimony presented, only oral argument, will be heard by the Charter School Appeal Commission at this time. (b) The Charter School Appeal Commission may question the parties. During these questions, the Charter School Appeal Commission may, in its discretion, request information to clarify the documentation presented to it by the charter school applicant and the district school board, as set forth in the appeal and exhibits thereto. Ex parte communications with either party or communication among commission members regarding the appeal is prohibited. (c) Upon reviewing the record on appeal and hearing oral summaries of written arguments, if presented, and consideration of the answers to questions, if asked, the Charter School Appeal Commission shall then proceed by majority vote to either accept or reject the decision of the district school board. (d) The Charter School Appeal Commission’s recommendation, record on appeal, written arguments of the parties, and a copy of the Charter School Appeal Commission transcripts will be forwarded to the State Board of Education. (e) The State Board of Education shall consider the appeal and the Charter School Appeal Commission’s recommendation at the next scheduled State Board of Education meeting and no later than ninety (90) calendar days after an appeal is filed. Each party shall have five (5) minutes to summarize their arguments. Additionally, the State Board of Education may, in its discretion, ask questions to clarify the issues on appeal. Ex parte communications with either party or communication among board members regarding the appeal is prohibited. The State Board of Education shall approve or deny the appeal. (3) Motions. (a) Motions before the Charter School Appeal Commission or State Board of Education shall be filed with the Agency Clerk in the same format as required in paragraph (1)(d) of this rule, except that they are limited to three (3) pages. Motions shall include a statement that the movant has conferred with the other party, shall state whether such party has any objection to the motion, and shall certify that the other party has been served with a copy of the motion. If there is an objection, the other party may file a response, subject to the same filing requirements as the motion, within five (5) business days of receipt of the motion, or the day before the hearing, whichever occurs first. A request for extension of the deadline or leave to exceed the maximum page limit must be requested prior to the date the motion or response is due and may be granted only where the opposing party will not be prejudiced. Oral arguments shall not be requested, but may be scheduled at the discretion of the ruling entity. (b) The Chair of the Charter School Appeal Commission shall rule upon evidentiary, procedural, and non-jurisdictional motions submitted prior to the commission hearing. (c) The Commissioner of Education shall rule upon evidentiary, procedural, and non-jurisdictional motions submitted before the State Board of Education. All other motions shall be ruled upon by the State Board of Education. # State Board Rule 6A-6.0784 - Charter School Governance Training Effective December 15, 2009 This rule discusses the requirement of charter schools to receive training prior to opening their school from the state of Florida or alternatively from the sponsor. [https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0784](https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0784) #### 6A-6.0784 Approval of Charter School Governance Training. The following provisions are established for the approval of charter school governing board training submitted to the Florida Department of Education for approval pursuant to Section 1002.33, F.S. (1) General training requirements. (a) Beginning with the effective date of this rule, every member of the governing body of a charter school operating in Florida shall participate in governance training. The charter school governance training must meet the requirements of this rule and be approved by the Department. Governing boards composed entirely of “school officers”, as defined by Section 1012.01, F.S., may meet the requirements of this rule by complying with the procedures set forth in subsection (6) of this rule. (b) Each governing board member must complete a minimum of four (4) hours of instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(k), F.S. After the initial four (4) hour training, each member is required, within the subsequent three (3) years and for each three (3) year period thereafter, to complete a two (2) hour refresher training on the four (4) topics above in order to retain his or her position on the charter school board. Any member who fails to obtain the two (2) hour refresher training within any three (3) year period must take the four (4) hours of instruction again in order to remain eligible as a charter school board member. (c) New members joining a charter school board must complete the four (4) hour training within 90 days of their appointment to the board. (d) Instruction beyond the hours specified in paragraphs (1)(b) and (c) of this rule may be included in the training plan to address additional topics generally recognized and supported by research or practitioners as important for effective governing board operation. (e) Each charter school is responsible for contracting with or providing a trainer who delivers governance training consistent with a governance training plan that has been approved by the Department. (2) Governance training plans. (a) For the purpose of this rule, a training plan is a written instructional document describing the instructional design for charter school governing board training which includes measurable performance objectives, instructional content, delivery strategies, learning activities, and assessment for training to fulfill the statutory requirements for charter school governing board instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(k), F.S. The training plan may include, but need not be limited to, traditional instructional settings, individualized learning modules, and online education. (b) A governance training plan submitted for review and approval by the Department shall address each of the following components: 1\. Description of the content to be delivered that fulfills all topics identified in Section 1002.33(9)(k), F.S., and is consistent with the hours of instruction specified in paragraphs (1)(b) and/or (1)(c) of this rule; 2\. Additional topics to be addressed during the training; 3\. Measurable learning objectives that specify the performance required; 4\. Description of instructional strategies, activities and presentation materials; 5\. Methods to be used to measure the stated learning objectives, overall training performance, and provider effectiveness; 6\. Length of time required for training; 7\. References used in developing the training; 8\. Certification that the training has been developed and is owned by the provider or that the provider is licensed to use the training for purposes pursuant to Section 1002.33, F.S.; and, 9\. Qualifications and experience of all persons who will be actively involved in providing training. (3) Submission and review of training plans. (a) Potential training providers shall complete Form IEPC-9, Charter School Governance Training, Training Plan Approval Application, for submitting a charter school governance training plan for review and approval. Form IEPC-9 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (b) After completing and signing the form, a training provider seeking approval must submit the original and three (3) copies of the form, or an original and an electronic copy on a CD saved as a PDF file, to the Office of Independent Education and Parental Choice as described on the form. The Department will conduct two review periods each year, with deadlines for submitting applications on or before May 1 and on or before October 1. This requires that all applications and supporting documentation must be received by the Department on or before these dates. (c) The Commissioner of Education shall appoint a review team to review charter school governance training plans. The review team shall be composed of individuals with knowledge in education, finance, governance and law. A training plan submitted for approval to the Department will be reviewed within thirty (30) days of the deadlines listed in paragraph (3)(b) of this rule to determine compliance with the components identified in paragraph (2)(b) of this rule. (d) The review team’s findings will be consolidated and provided as recommendations to the Commissioner or designee. Using the recommendations of the review team, the Commissioner shall determine if the provider has met the criteria for approval or denial. Within ten (10) working days following the Commissioner’s determination, the Department shall send a written notification to the proposed provider regarding the outcome of the training plan review. (e) The names of training providers whose training plans have been approved to meet requirements of Section 1002.33(9)(k), F.S., will be posted on the Department’s website at http://www.floridaschoolchoice.org and will be available in hard copy upon request to the Office of Independent Education and Parental Choice. (f) A notice of denial shall be sent to proposed training providers who submitted plans that do not comply with the components identified in paragraph (2)(b) of this rule. The notice of denial will identify specific areas of program weakness that must be corrected prior to reconsideration for approval. The provider may correct the application and resubmit on the next available submission deadline outlined in paragraph (3)(b) of this rule. (4) Length of approval and renewal of training plans. (a) Each approval or extension shall be granted for a period of time determined by the Department of Education, but shall not exceed two (2) years from the date of approval. (b) No earlier than six (6) months prior to the expiration of approval, a training provider may submit a request for renewal of an approved training plan by completing and submitting Form IEPC-10, Charter School Governance Training, Application to Renew an Approved Training Plan. Form IEPC-10 is hereby incorporated by reference to become effective with the effective date of this rule and will be available electronically on the Department’s website at http://www.floridaschoolchoice.org or may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (c) A request for training plan renewal submitted for approval to the Department will be reviewed within thirty (30) days of receipt to determine continued compliance with the components identified in paragraphs (1)(b) and (2)(b) of this rule. Within ten (10) working days following the Commissioner’s determination, the provider will be notified in writing of the Department’s decision to renew the plan or not to renew. If a training plan is not renewed, a provider may submit a new training plan to the Department as described in paragraphs (3)(a) and (b) of this rule. (5) Report of governing board training. (a) Each training provider offering an approved training program in accordance with this rule shall submit a report of each governing board’s training to the Department and a copy of the report to the charter school director within thirty (30) days of the training. The charter school director is responsible for providing a copy of the report to the school’s sponsor within ten (10) days of receiving the report from the trainer. (b) The report shall be submitted using the IEPC-11 form. Form IEPC-11 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s Web site. The report shall be submitted electronically to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (c) Each training provider offering an approved charter school governance training program shall provide a certificate of participation to every governing board member who completes the training and achieves the training objectives as stated in the training plan. (6) A charter school governing board composed entirely of “school officers” as defined in Section 1012.01, F.S., may comply with the requirements of this rule by providing documentation that they have received charter school governance training consistent with this rule. Documentation of charter school governance training shall be submitted to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Suite 522, Tallahassee, Florida 32399-0400, and must include: (a) Date and location of charter school governance training received. (b) Name, contact information, qualifications, and experience of all persons actively involved in providing charter school governance training. # State Board Rule 6A-6.0786 - Model Forms Effective December 22,2019 This rule establishes the model application forms that districts are to use for charter school applications. [https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0786](https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0786) #### 6A-6.0786 Forms for Charter School Applicants and Sponsors. (1) Persons or entities submitting a charter school application must use Form IEPC-M1, Model Florida Charter School Application, effective December 2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11357), pursuant to Section 1002.33, F.S. Form IEPC-M1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (2) Sponsors shall evaluate Model Florida Charter School Applications using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, effective December 2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11358). Form IEPC-M2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (3) Upon approval of a charter school application, the sponsor shall have thirty (30) days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-SC, Florida Standard Charter Contract, effective December 2019, (http://www.flrules.org/Gateway/reference.asp?No=Ref-11359), as the basis for the initial draft contract. Proposed deletions to Form IEPC-SC must be displayed as strike-through text. Proposed additions to form IEPC-SC must be displayed as underlined text. The applicant and the sponsor have forty (40) days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension. Additional components may be included in a charter school contract if mutually agreed upon by both parties. Form IEPC-SC is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (4) For all charter contract renewals, charter schools and their sponsors shall use the Florida Standard Charter Renewal Contract (Form IEPC-SCR). This shall be the basis for the renewal draft contract. Proposed deletions to Form IEPC-SCR must be displayed as strike-through text. Proposed additions to form IEPC-SCR must be displayed as underlined text. Additional components may be included in a charter school renewal contract if mutually agreed upon by both parties. Form IEPC-SCR is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-11360) effective December 2019 and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (5) A high-performing charter school system may replicate its high-performing charter schools in any school district in the state. The applicant must submit an application using Form IEPC-HPS1, the Model Florida Charter School Application High-Performing Charter School System Replication (http://www.flrules.org/Gateway/reference.asp?No=Ref-08911), effective January 2018, pursuant to Section 1002.332(2)(b), F.S. Form IEPC-HPS1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (6) Sponsors shall evaluate high-performing system replication applications using Form IEPC-HPS2, the Model Florida Charter School Application High-Performing Charter School System Replication Evaluation Instrument (http://www.flrules.org/Gateway/reference.asp?No=Ref-08912), effective January 2018. Form IEPC-HPS2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (7) Persons or entities submitting a virtual charter school application must use Form IEPC-VI, Model Florida Virtual Charter School Application, effective February 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06304), pursuant to Section 1002.33, F.S. Form IEPC-VI is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (8) Sponsors shall evaluate Model Florida Virtual Charter School Applications using Form IEPC-V2, Florida Virtual Charter School Application Evaluation Instrument, effective February 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06305). Form IEPC-V2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. (9) Applicants completing Addenda A, B, or C, pursuant to the model application shall use Form IEPC-M1A, Applicant History Worksheet, (http://www.flrules.org/Gateway/reference.asp?No=Ref-05518), effective August 2015. Form IEPC-M1A is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.fldoe.org/schools/school-choice/, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400. --- *Rulemaking Authority 1002.33(6), (28) FS. Law Implemented 1002.33(6), (21), 1002.331, 1002.332(2) FS. History–New 10-25-10, Amended 7-9-12, 12-23-14, 8-6-15, 2-9-16, 12-20-16, 1-1-18, 12-22-19.* # State Board Rule 6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools Effective August 22, 2022 The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student’s health, safety, or welfare as described in Section 1001.42(8)(c), F.S. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.0791](https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.0791) #### 6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools. (1) Purpose. The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student’s health, safety, or welfare as described in Section 1001.42(8)(c), F.S. (2) Definitions. In this rule, the terms have the following meaning: (a) “Days” means business days and excludes state, federal and school district holidays; (b) “Department” means the Florida Department of Education; (c) “Parental Request for Appointment of a Special Magistrate for Charter School Students” or “Parental Request” means the written form adopted by and incorporated into this rule. (d) “Parent” means the definition of that term provided in Section 1000.21, F.S.; (e) “Parties” means the parent who submitted a request for appointment of a Special Magistrate and the school district and charter school governing board; (f) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under Section 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience; (3) Parental Obligations. In order to request appointment of a Special Magistrate, a parent must: (a) Complete the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students;” (b) Describe the nature of the dispute; (c) Describe the resolution or relief sought with the charter school principal or designee appointed by the charter school governing board and subsequently, with the school district that sponsors the charter school; (d) Describe the resolution sought from the Special Magistrate and the State Board of Education; (e) Demonstrate that before filing for the appointment of a Special Magistrate, resolution of the dispute was sought by the parent with: 1.The principal or designee appointed by the charter school governing board to resolve parental disputes; and 2\. The school district, all in accordance with the procedures adopted by the school district for resolution of the dispute: (f) Provide and maintain accurate contact information such as an email address, telephone number and mailing address for the parent. (4) School District Obligations. Each school district must: (a) Develop procedures to resolve student health, safety, or welfare complaints under Section 1001.42(8)(c), F.S., for a student who is enrolled in a charter school sponsored by the district. These procedures must include the following: 1\. The process for resolution when the charter school principal or designee is unable to resolve the dispute to the parent’s satisfaction; 2\. Providing a parent with a statement of the reasons for not resolving the dispute, when the district is unable to resolve the complaint; and 3\. The time limits for a response or notice of reasons for not resolving the dispute, which must be no more than 30 days from receipt of the complaint. (b) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate for charter school student complaints and notify the Department of the name and email address of the individual; (c) Within five (5) days of receipt of notice that a parent has requested the appointment of a Special Magistrate as described in subsection (3), provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraph (7)(b) of this rule apply to the parental request for appointment of a Special Magistrate; and (d) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate. (5) Charter School Governing Board’s Obligations. To ensure that the Special Magistrate process is available to a parent of a student enrolled in a charter school, a charter school governing board must: (a) Adopt procedures to notify parents of the following: 1\. The ability to seek relief from the school principal or designee for a dispute under Sections 1001.42(8)(c)1.-7., F.S.; 2\. If the parent remains aggrieved after receiving the response from the principal or designee, the ability to seek relief from the school district that sponsors the charter school; and 3\. The time limits for a response, which must be no more than seven days from receipt of the complaint for the principal/designee and no more than 30 days from receipt of the complaint for the school district. (b) Fully cooperate in the district’s resolution procedures and comply with the district’s decision for resolution of the complaint; and (c) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate and notify the Department of the name and email address of the individual. (6) Financial Costs Related to Disputes Involving Special Magistrate Process for Charter School Students. All costs a district incurs for reviewing and responding to a complaint lodged by a parent of a student enrolled in a charter school under this rule, is a service provided by the school district to the charter school; contracts for such services are limited to the district’s actual costs unless mutually agreed to by the school district and charter school, based upon the provisions of Section 1002.33(20)(b), F.S. (7) Department of Education Obligations. (a) Review of “Parental Request for Appointment of a Special Magistrate for Charter School Students.” Upon receipt of the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students,” the Department will: 1\. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20) days of receipt of a Departmental notice that missing or supplemental information is needed; 2\. Notify the charter and the school district of receipt of the Parental Request for Appointment of a Special Magistrate for Charter Schools; and 3\. Provide written notice to the parent, charter school and school district that the request has been provided to the Commissioner of Education for consideration or provide notice of dismissal of the Parental Request. (b) Dismissal of Parental Request for Appointment of Special Magistrate by the Department. The Department will dismiss a Parental Request under the following circumstances: 1\. The parent notifies the Department that the dispute has been resolved or withdrawn; 2\. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided; 3\. The parent has not demonstrated full and complete use of any charter school and school district procedures for resolving the dispute; 4\. The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations, or under Section 1003.56, F.S., and rules adopted by the Department to implement Section 1003.56, F.S., or is otherwise outside of the scope of the student welfare requirements set forth in Sections 1001.42(8)(c)1.-7., F.S.; or 5\. The parent has failed to maintain accurate contact information with the Department or the Special Magistrate. (c) Obligations Post Appointment of Special Magistrate. Upon appointment of a Special Magistrate by the Commissioner under subsection (8) of this rule, the Department will: 1\. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following: a. The name and contact information of the Special Magistrate; b. The time frame when the Special Magistrate is expected to provide a written recommendation to the State Board of Education; and c. The requirement to maintain accurate contact information with the Department and the Special Magistrate; 2. Provide to the Special Magistrate the following: a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and b. To allow sufficient time for review by the State Board of Education of a recommendation rendered by the Special Magistrate, the time frame(s) when a recommended decision is expected to be provided by the Special Magistrate to the parties and the State Board of Education. This timeframe may be extended by agreement of the parties. (8) Commissioner of Education. The Commissioner of Education will review each pending completed Parental Request and decide whether to appoint a Special Magistrate utilizing the following factors: (a) Whether there is authority and the ability to provide effective relief to the parent through the Special Magistrate process; (b) Whether the parent is seeking or has already sought relief in court; (c) Whether due to a change in circumstances, such as a change in a student’s school or grade level or a change in procedures or training, the dispute is moot or not ripe; and (d) Whether grounds for dismissal of the Parental Request, as described in paragraph (7)(b) of this rule, are found to exist. (9) Special Magistrate Procedures. (a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings, except where inconsistent with this rule or Section 1001.42(8)(c), F.S. (b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply: 1. The Special Magistrate shall set and notify all parties of the time and place of the hearings. 2\. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative. 3\. The parties or the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the Special Magistrate shall be governed by the Administrative Procedure Act. 4\. The Special Magistrate may permit the submission of written memorandum by the parties. (c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of Section 1001.42(8)(c), F.S., by the charter school. The Special Magistrate’s recommended decision shall be based upon the evidence presented and argument made before the Special Magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties. (d) The Special Magistrate’s recommended decision is due within thirty (30) days of the date a parent request is received by the Special Magistrate from the Department. The 30-day time frame can be extended upon agreement. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate. (10) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Parental Request for Appointment of a Special Magistrate for Charter School Students, Form No. CSSM-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14915) (effective November 2022). # State Board Rule 6A-1.0017 – School Environmental Safety Incident Reporting (SESIR) Effective August 22, 2023 The purpose of this rule is to set forth the requirements school districts and charter schools must use to report disruptive or criminal incidents to the Florida Department of Education so that the data can, in turn, be used in required state and federal reports. SESIR data is also used to design and evaluate interventions to provide a safe learning environment. SESIR is not a law enforcement reporting system. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0017](https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0017) #### 6A-1.0017 School Environmental Safety Incident Reporting (SESIR). (1) Purpose. The purpose of this rule is to set forth the requirements school districts and charter schools must use to report disruptive or criminal incidents to the Florida Department of Education so that the data can, in turn, be used in required state and federal reports, including EdFacts, the United States Department of Education, Office for Civil Rights Data Collection (required by 20 U.S.C. 3413(c)(1)), the Gun Free Schools Act report (required by 20 U.S.C. 7961(d) and (e)), the Every Student Succeeds Act report cards (required by 20 US.C. 6311(h)(1) and (2)), and state reports on Bullying and Harassment (required by Section 1006.147, F.S.). SESIR data is also used to design and evaluate interventions to provide a safe learning environment. SESIR is not a law enforcement reporting system. (2) Definitions. (a) “Allegation” means a claim or assertion that someone has committed a SESIR incident, typically made without proof and prior to an investigation. (b) “Law enforcement action” means that official action was taken by a School Resource Officer (SRO) or local law enforcement officer in response to a SESIR incident, including but not limited to: an arrest, referral to a civil citation or similar prearrest diversion program authorized by Section 985.12, F.S., or initiation of an involuntary examination authorized by Section 394.463, F.S. (c) “Locally-defined incident” means an incident that is a violation of a local code of student conduct, but does not meet the definition of any incident reportable to SESIR. (d) “Rank order level” means a classification of incidents, from Level I to Level IV, that determines which incident must be reported when more than one incident occurs during a single episode. The rank order level of each incident is noted under the incident definitions found in subsection (7) of this rule. (e) “Related element” means a factor that was present during or contributed to the incident but was not the main offense. All related elements that are applicable are required to be reported with SESIR incidents. (f) “Reported to law enforcement” means that school district or charter school staff communicated with a School Resource Officer (SRO) or other law enforcement official about an incident. Reporting to law enforcement may not always result in law enforcement action being taken. (g) “School district” or “district” means a Florida school district, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). All reporting requirements in this rule also apply to charter schools, pursuant to Section 1002.33(16)(b)10., F.S. (h) “School personnel” means any person employed at a school, volunteering at a school on a temporary or permanent basis, or a third party that is contracted to provide services for the school. (i) “Unsubstantiated” means that following an investigation, there is not enough evidence to demonstrate that the alleged incident occurred. (3) Analysis of incidents. (a) In order to determine whether an incident must be reported in SESIR, the following criteria must be met: 1\. The incident meets one of the SESIR incident definitions listed in subsection (7); and 2\. The incident occurred on a K-12 school campus, on school-sponsored transportation, during off-campus school-sponsored activities, or off campus where the incident is accomplished through electronic means, if the incident substantially disrupts the educational process or orderly operation of a school. (b) SESIR incidents that meet the requirements of paragraph (3)(a) of this rule must be reported regardless of whether: 1.The incident was carried out by a student, a person other than a student, school personnel, or where the person who carried out the incident is unknown; 2.The victim of the incident is a student, a person other than a student, or where the victim is unknown; 3\. The incident occurred when school was in session or not. SESIR incidents occur 365 days a year at any time of the day or night; 4\. Disciplinary action is taken by the school district; 5\. Law enforcement action is taken by an SRO or other law enforcement officer or agency; 6\. The offender has the capacity to understand his or her behavior and the inappropriateness of his or her actions. However, where the offender is a student, school districts may take age, development, and disability into account when determining appropriate discipline; or 7\. Criminal charges are filed by law enforcement. However, where criminal charges are issued, school districts should review to determine whether the type of incident reported should be modified. (4) Requirement to report SESIR incidents. (a) All incidents meeting the requirements of subsection (3) of this rule must be reported by school districts to the Department of Education. (b) A school district must not report an incident which meets the requirements of subsection (3) of this rule as a locally-defined incident in lieu of reporting the incident to the Department of Education. Districts may only code an incident as a locally-defined incident if it does not meet one of the SESIR incident categories. (c) SESIR incidents meeting the requirements of paragraph (3)(a) of this rule must be reported regardless of whether law enforcement action is taken or whether a student is disciplined. (5) General SESIR reporting conventions. (a) SESIR is an incident-based reporting system, which means that a single incident is reported, even where there are multiple offenders or victims, or multiple incidents that occur within one episode. 1\. If there is more than one incident in a single episode, districts are required to report only one incident based upon rank order level, beginning with incidents that are classified as Level I. 2\. If there are multiple incidents that have the same rank order level, districts must report the incident that caused the most injury or damage to property. (b) When reporting a SESIR incident, districts are required to report all related elements as described in subsection (8) of this rule that are present or contribute to a reported incident. A related element must be reported even where it duplicates the incident. For example, when reporting an Alcohol incident, the Alcohol-related element must also be reported. (c) School districts must report SESIR incidents to the Department during the survey periods and using the elements set forth in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System. (d) Where an incident involves students from multiple schools or districts, the school or district where the incident occurred is responsible for reporting the incident in SESIR. (e) Except as provided in subsection (6), allegations that are unsubstantiated must not be reported in SESIR. (6) Incident specific SESIR reporting conventions. (a) For incidents of Bullying, Harassment, Sexual Harassment, Threat/Intimidation, and any other incident that is Bullying-Related, districts are required to report the Incident Basis and the Victim Basis, which identifies whether the incident is based upon the person’s race, sex, disability, sexual orientation, or religion. (b) Allegations of Bullying and Harassment that are not able to be substantiated after investigation must be reported in SESIR as Unsubstantiated Bullying and Unsubstantiated Harassment, respectively, pursuant to Section 1006.147(4)(k), F.S. (c) Allegations of Sexual Assault or Sexual Battery by school personnel against any victim that are not able to be substantiated after investigation must be reported as Unsubstantiated Sexual Assault or Unsubstantiated Sexual Battery. (d) For Unsubstantiated Sexual Assault, Unsubstantiated Sexual Battery, Sexual Assault, and Sexual Battery by school personnel, districts are required to report the following: 1\. Responsibility: Districts must report whether they determined that a member of school personnel was responsible for the offense, was not responsible for the offense, or whether the determination remains pending. Districts must only report that the determination is pending when the final decision by the district remains unresolved at the end of the reporting period for Survey 5, as set forth in Rule 6A-1.0014, F.A.C. 2\. Preliminary Action: Districts must report the action taken prior to any final disciplinary action or prior to termination. Reportable actions are: a. Duty reassignment, which refers to the changing of placement from one position to another without promotion or demotion. b. Resignation, which refers to a person formally giving up his job, and no longer being employed by the employer. c. Retirement, which refers to a person leaving his career permanently. d. No action taken prior to final disciplinary action or termination. e. Other, which refers to other preliminary action taken not listed above. (7) Incident definitions. (a) Alcohol (Level IV): Possession, sale, purchase, distribution, or use of alcoholic beverages. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation. Alcohol incidents cannot be Drug-related. (b) Aggravated Battery (Level I): A battery where the attacker intentionally or knowingly causes more serious injury as defined in paragraph (8)(g) of this rule, such as: great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or, where the attacker knew or should have known the victim was pregnant. (c) Arson (Level I): To intentionally damage or cause to be damaged, by fire or explosion, any dwelling, structure, or conveyance, whether occupied or not, or its contents. Fires that are not intentional, that are caused by accident, or do not cause damage are not required to be reported in SESIR. (d) Burglary (Level II): Unlawful entry into or remaining in a dwelling, structure, or conveyance with the intent to commit a crime therein. (e) Bullying (Level IV): Systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. Bullying includes instances of cyberbullying, as defined in Section 1006.147(3)(b), F.S. Bullying may include, but is not limited to, repetitive instances of teasing, social exclusion, threats, intimidation, stalking, physical violence, theft, harassment, public or private humiliation, or destruction of property. If the physical harm or psychological distress is not the result of systematic or chronic behavior, evaluate for Harassment. (f) Criminal Mischief (Felony Vandalism ‒ $1,000 threshold) (Level III): Willfully and maliciously injuring or damaging by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. Incidents that fall below the $1,000 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies. (g) Disruption on Campus-Major (Level III): Disruptive behavior that poses a serious threat to the learning environment, health, safety, or welfare of others. Examples of major disruptions include bomb threats, inciting a riot, or initiating a false fire alarm. (h) Drug Sale or Distribution (Level II): The manufacture, cultivation, purchase, sale, or distribution of any drug, narcotic, controlled substance or substance represented to be a drug, narcotic, or controlled substance. (i) Drug Use or Possession (Level III): The use or possession of any drug, narcotic, controlled substance, or any substance when used for chemical intoxication. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation. (j) Fighting (Level III): When two or more persons mutually participate in use of force or physical violence that requires either physical intervention or results in injury requiring first aid or medical attention. Lower-level fights, including pushing, shoving, or altercations that stop on verbal command are not required to be reported in SESIR. (k) Grand Theft ($750 threshold) (Level III): The unauthorized taking of the property of another person or organization, including motor vehicles, valued at $750 or more, without threat, violence, or bodily harm. Incidents that fall below the $750 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies. Thefts of property of any value that involve a use of force, violence, assault, or putting the victim in fear must be reported as Robbery. (l) Harassment (Level IV): Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct that places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits, or has the effect of substantially disrupting the orderly operation of a school, including any course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose. Instances of Harassment that are chronic or repeated in nature should be evaluated for Bullying or Bullying-related. (m) Hazing (Level III): Any action or situation that endangers the mental or physical health or safety of a student at a school with any of grades 6 through 12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization. Hazing includes, but is not limited to pressuring, coercing, or forcing a student to participate in illegal or dangerous behavior, or any brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements. (n) Homicide (Level I): The unjustified killing of one human being by another. (o) Kidnapping (Level I): Forcibly, secretly, or by threat, confining, abducting, or imprisoning another person against his or her will and without lawful authority. (p) Other Major Incidents (Level III): Any serious, harmful incident resulting in the need for law enforcement consultation not previously classified. This includes any drug or weapon found unattended and not linked to any individual; such incidents must be coded with the appropriate Related element (such as Drug-related or Weapon-related) and incident involvement must be reported as unknown. (q) Robbery (Level II): The taking or attempted taking of money or other property from the person or custody of another with the intent to permanently or temporarily deprive the person or owner of the money or other property under the confrontational circumstances of force, or threat of force or violence, and/or by putting the victim in fear. A key difference in Grand Theft and Robbery is that Robbery involves violence, a threat of violence or assault, and putting the victim in fear. (r) Sexual Assault (Level II): An incident that includes fondling, indecent liberties, child molestation, or threatened rape. Both males and females can be victims of sexual assault. (s) Sexual Battery (Rape) (Level I): Forced or attempted oral, anal, or vaginal penetration by using a sexual organ or an object simulating a sexual organ, or the anal or vaginal penetration of another by any body part or foreign object. Both males and females can be victims of sexual battery. (t) Sexual Harassment (Level III): Unwelcome conduct of a sexual nature, such as sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Harassing conduct can include verbal or nonverbal actions, including graphic and written statements, and may include statements made through computers, cellphones, and other devices connected to the Internet. The conduct can be carried out by school employees, other students, and non-employee third parties. (u) Sexual Offenses (Other) (Level III): Other sexual contact, including intercourse, without force or threat of force. Includes subjecting an individual to lewd sexual gestures, sexual activity, or exposing private body parts in a lewd manner. (v) Simple Battery (Level II): An actual and intentional touching or striking of another person against his or her will, or the intentional causing of bodily harm to an individual. (w) Threat/Intimidation (Level III): An incident where there was no physical contact between the offender and victim, but the victim reasonably believed that physical harm could have occurred based on verbal or nonverbal communication by the offender. This includes nonverbal threats and verbal threats of physical harm which are made in person, electronically or through any other means. (x) Tobacco (Level IV): The possession, sale, purchase, distribution, or use of tobacco or nicotine products on school grounds, at school-sponsored events, or on school transportation by any person under the age of 21. Tobacco incidents cannot be Drug-related. (y) Trespassing (Level III): To enter or remain on school grounds, school transportation, or at a school-sponsored event, without authorization or invitation and with no lawful purpose for entry. Only incidents involving a student currently under suspension or expulsion, or incidents where any offender (student or non-student) was previously issued an official trespass warning by school officials, or where any offender was arrested for trespass are required to be reported in SESIR. Trespass incidents that did not have a prior official warning, did not result in arrest, or did not involve students under suspension or expulsion should be reported as locally defined incidents according to district policies. (z) Weapons Possession (Level II): Possession of a firearm or weapon as defined by Section 790.001, F.S., that can inflict serious harm on another person or that can place a person in reasonable fear of serious harm. (8) Related element definitions. (a) Alcohol-related: An incident is alcohol related if there is evidence that those involved in the incident were caught drinking at the incident or had been drinking, based on testing or investigation of a Law Enforcement Officer at the scene, or if they admit to drinking, or if the incident is somehow related to possession, use or sale of alcohol. Schools are not required to test for the presence of alcohol. (b) Bullying-related: An incident is bullying related if the incident includes systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. (c) Drug-related: An incident is drug related if there is evidence that those involved in the incident were under the influence of drugs at the time of the incident; if they admit to using or being under the influence of drugs; if drugs were in the possession of individuals involved in the incident, based on testing or investigation done by a law enforcement officer as a result of the incident; or if the incident is somehow related to possession, use or sale of drugs. Schools are not required to test for drug use. (d) Gang-related: An incident is gang-related if gang affiliation/association caused the incident or was a contributing factor to action that happened during the incident. (e) Hate Crime-related: All SESIR incidents motivated all or in part by hostility to the victim’s real or perceived race, religion, color, sexual orientation, ethnicity, ancestry, national origin, political beliefs, marital status, age, social and family background, linguistic preference or mental/physical disability are required to be reported as Hate Crime-related. (f) Hazing-related: An incident is hazing-related if the incident includes any action or situation that endangers the mental or physical health or safety of a student at a school with any grades from 6-12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization. (g) Injury-related: All SESIR incidents that result in serious bodily injury are required to be reported as Injury-related. Less serious bodily injury means incidents which require immediate first aid or subsequent medical attention. More serious injuries include death or injuries with substantial risk of death, extreme physical pain, protracted and obvious disfigurement, and protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Incidents where injury occurred, but first aid or medical attention is not needed, are not required to be reported in SESIR as Injury-related. (h) Vaping-related: All SESIR incidents that involve the use of non-combustible vaping products, including electronic cigarettes, vapes and vape pens, or any electronic nicotine delivery system (ENDS) are required to be reported as Vaping-related, if the liquid used contains nicotine or a controlled substance. Schools are not required to test for nicotine or drugs in vaping devices. Incidents involving use or possession of vaping products that do not contain nicotine or controlled substances are not required to be reported in SESIR. (i) Weapon-related: All SESIR incidents are required to be reported as Weapon-related where anyone involved possessed or used a firearm or weapon or if the incident was related to possession, use or sale of firearms or weapons, as defined in Section 790.001, F.S. (9) Reporting law enforcement involvement. For each SESIR incident, a school district must report one of the following three (3) choices regarding law enforcement involvement: (a) The incident was not reported to law enforcement because it was a petty act of misconduct that did not require law enforcement involvement according to policies developed by the district pursuant to Section 1006.13, F.S. (b) The incident was reported to law enforcement and resulted in official law enforcement action being taken by an SRO or other law enforcement agency or official, as defined in paragraph (2)(b) of this rule. (c) The incident was reported to law enforcement and did not result in official action being taken by an SRO or other law enforcement agency or official, as defined in paragraph (2)(b) of this rule. (d) Required reporting to law enforcement. 1\. School districts must report all SESIR incidents to law enforcement, except for Bullying, Harassment, Sexual Harassment, and Tobacco. 2\. School districts must report all SESIR incidents to law enforcement, including Bullying, Harassment, Sexual Harassment, and Tobacco, where the incident includes one or more of the following related elements: a. Alcohol-related; b. Drug-related; c. Gang-related; d. Hate crime-related; e. Hazing-related; f. Injury-related, if the injuries are reported as more serious; and g. Weapon-related. 3\. This rule does not limit school districts and charter schools from reporting other incidents to law enforcement that are not listed in subparagraph (9)(d)1. and 2. (10) Training required. Each district superintendent must designate persons responsible for SESIR reporting in the district, and ensure that all such persons receive the training found at http://sesir.org. SESIR training provided by Department staff can be used to satisfy the online training requirement. Charter schools must designate persons responsible for SESIR reporting in their school and must report their name, email address, and phone number to the district. (11) Accountability for SESIR reporting. In order to enhance SESIR reporting, the persons or entity listed below have the following responsibilities: (a) School principals. Each public school principal, including charter school principals or equivalent, must ensure that all persons at the school responsible for SESIR information participate in the training set forth in subsection (10) of this rule and must ensure that SESIR data is accurately and timely reported. (b) School District Superintendents. 1\. Each district superintendent must ensure that all persons responsible for reporting SESIR data have received the training required in subsection (10) of this rule, that any local district policies are consistent with the SESIR reporting requirements set forth in this rule and Rule 6A-1.0014, F.A.C., and that the district timely and accurately reports SESIR incidents. Annually, superintendents must certify to the Department that these requirements have been met. The annual certification must include a statement that all charter school staff responsible for reporting SESIR data have received required training and that charter schools have required SESIR policies in place. 2\. Each district superintendent must designate a district SESIR contact person and must annually report their name, phone number, and email address to the Office of Safe Schools at SafeSchools@fldoe.org. This information must be provided by August 1 each year and must be updated within five (5) school days when there is a change in the information provided. (c) Office of Safe Schools. The Office shall conduct site visits at schools throughout the state, as well as conduct data reviews. The review must include school district policies, training records, school incident and school discipline records. Superintendents, principals and school safety specialists must fully cooperate with requests for information when the Office of Safe Schools is reviewing and evaluating districts for compliance with SESIR reporting. (d) Commissioner of Education. If a district fails to report SESIR data by the survey deadlines, set forth in Rule 6A-1.0014, F.A.C., the Commissioner must request that the district school board withhold the superintendent’s salary, pursuant to Sections 1001.51(12) and 1001.42(13)(b), F.S., until the SESIR data is reported. If there is cause to believe that a superintendent knowingly transmitted or caused to be transmitted false or incorrect information, the Commissioner shall cause the allegation to be investigated and refer the matter for disciplinary action pursuant to Section 1012.796, F.S., if the superintendent holds a license or certificate under Chapter 1012 and take action to enforce the forfeiture of the superintendent’s annual salary. # State Board Rule 6A-1.0018 – School Safety Requirements and Monitoring Effective September 20, 2022 This rule sets forth requirements relating to school safety and to define certain safety measures that schools are expected to meet. [https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-1.0018](https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-1.0018) #### 6A-1.0018 School Safety Requirements and Monitoring (1) The purpose of this rule is to set forth requirements relating to school safety, reporting, and training. The rule also provides notice of the procedures and criteria utilized by the Office of Safe Schools to monitor school districts and individual schools for compliance with those requirements. (2) Definitions. (a) “CSTAG” means the Comprehensive School Threat Assessment Guidelines behavioral threat assessment instrument, which must be used for threat assessments in all public schools, including charter schools. (b) “Department” means the Florida Department of Education. (c) “Discharge” means to fire a gun or firearm. (d) “Discipline” means a safe-school officer receiving a behavior-related official reprimand. (e) “Dismissal” means a safe-school officer is permanently relieved of his position. Dismissal or termination is involuntary and initiated by the employer, including firings or other discharges for cause. (f) “Florida Safe Schools Assessment Tool” or “FSSAT” means the site security risk assessment tool used by school officials at each school district and public school site in the state, including charter schools, to conduct security assessments, as provided in Section 1006.1493, F.S. (g) “FortifyFL” means the mobile suspicious activity reporting tool that allows students and members of the community to report information anonymously concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or threats of such activities to law enforcement or school officials as described in Section 943.082, F.S. (h) “Law enforcement officer” means the persons identified in Section 943.10(1), F.S. (i) “Office” means the Department’s Office of Safe Schools. (j) “Safe-school officer” means a school resource officer, a school-safety officer, a school guardian, or a school security guard, as identified in Sections 1006.12(1)-(4), F.S. (k) “School administrator” means the school personnel identified in Section 1012.01(3), F.S. (l) “School-based mental health services provider” means a school psychologist certified under Rule 6A-4.0311, F.A.C., a school social worker certified under Rule 6A-4.035, F.A.C., a school counselor certified under Rule 6A-4.0181, F.A.C., or a mental health professional licensed under Chapter 490 or 491, F.S., who is employed or contracted by a district to provide mental health services in schools. (m) “School day” means any day, including a partial day, where students are physically present at school for instructional purposes, as defined by Section 1011.60(2), F.S., and Rule 6A-1.045111, F.A.C. (n) “School district” or “district” means a Florida school district or district school board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). (o) “School safety specialist” means the district school superintendent’s designee per Section 1006.07(6)(a), F.S., responsible for the oversight of all aspects of school safety and security within the school district and who is a school administrator or a law enforcement officer. (p) “SESIR” means School Environmental Safety Incident Reporting, as identified in Rule 6A-1.0017, F.A.C. (q) “Substantive threat” means a threat where the intent to harm is either present or unclear, and requires protective action, as further defined in the CSTAG, Form CSTAG-2021. (r) “Suspected deficiency” means that there is at least some evidence that a district or school is not acting in compliance with the safety requirements set forth in this rule. (s) “Transient threat” means a threat where there is not a sustained intent to harm and the situation can be quickly resolved with apology, retraction, or explanation by the person who made the threat, as defined in the CSTAG, Form CSTAG-2021. (3) District contact information. (a) By August 1 of each year, each school district must submit the name, phone number, and email address for each school safety specialist to the Office at SafeSchools@fldoe.org. (b) When any changes occur to the information required by paragraph (3)(a), the district must update the information within one (1) school day. (4) Monitoring by the District School Safety Specialist. (a) School safety specialists are responsible for the supervision and oversight for all school safety and security personnel, policies, and procedures in the school district, including at charter schools. (b) Districts must establish policies that require the school safety specialist to review school district and charter school policies and procedures at least annually for compliance with state law and rules, as provided by Section 1006.07(6)(a)1., F.S. (c) Districts must establish policies that explain the process the school safety specialist will use to identify and correct instances of noncompliance at a school with a requirement in this rule, or other state law or rules relating to safety. Such policies must require the following: 1\. Deficiencies relating to safe-school officer coverage must be resolved by the next school day; 2\. Notification to the Office within twenty-four (24) hours at SafeSchools@fldoe.org of any deficiencies relating to safe-school officer coverage and any instance of noncompliance that is determined to be an imminent threat to the health, safety, or welfare of students or staff. Notifications made under this subparagraph must contain particularized facts beyond noncompliance with rule or statute that explain the imminent threat; and 3\. Notification to the Office within three (3) days at SafeSchools@fldoe.org of any instance of noncompliance not corrected within sixty (60) days. (5) Monitoring by the Office of Safe Schools – Process. (a) The Office will monitor compliance with school safety requirements identified in this rule through announced and unannounced on-site visits to schools and district facilities or offices, review of school and district websites and publications, interviews with students and staff, and review of media reports and other information submitted to or received by the Office. (b) District and school staff must keep records demonstrating that the requirements in this rule are met and must provide those records to the Office upon request. (c) The Office will provide notice of a suspected deficiency to the school safety specialist at the email address provided in paragraph (3)(a). Failure to maintain accurate contact information with the Office will not extend the time for correction. (d) Districts must establish a policy concerning when the notice of suspected deficiency is provided by the school safety specialist to the district’s superintendent. (e) Time to respond and opportunity to cure. 1\. When the notice of suspected deficiency concerns a failure to have a safe-school officer established or assigned at each school facility, as required by Section 1006.12, F.S., the school safety specialist must respond in writing and verify that the school(s) identified in the notice have a safe-school officer on site by the next school day. 2\. In all other cases, the school safety specialist must respond in writing within five (5) school days and verify that the district or school has corrected the suspected deficiency, or within that same time period, submit a written plan describing how the district will bring the identified school(s) into compliance. A plan submitted under this paragraph must include an estimated date of completion and an explanation of alternate security measures designed to maintain a safe learning environment. (f) Upon verification of compliance or correction of a deficiency, the Office will provide a written notice of resolution by email to the school safety specialist. (g) When a suspected deficiency has not been timely resolved, the Office will advise the Commissioner of Education who will facilitate compliance to the maximum extent provided under law, as provided in Section 1001.11(9), F.S. (h) Compliance with school safety requirements set forth in this rule and in statute are subject to enforcement by the Commissioner of Education and the State Board of Education using mechanisms provided in Section 1008.32, F.S. (6) Safety Requirements. The Office will monitor schools and school districts for compliance with the safety requirements set forth in subsections (7) through (20) of this rule. (7) Safe-school officer. School districts are required to establish or assign at least one safe-school officer at each school facility within the district, as provided in Section 1006.12, F.S. (a) A school facility means a public K-12 school, including a charter school, with a Master School Identification Number (MSID) number as provided under Rule 6A-1.0016, F.A.C., with the following exceptions: 1\. Schools with separate MSID numbers that are located at the same physical location and are co-located with each other are a single school facility. 2\. Schools that are located at separate physical locations and are not co-located, but share one MSID number are separate school facilities. 3\. A school facility does not include: a. Schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, virtual course offerings, franchises of the Florida Virtual School and virtual charter schools; b. Settings where instruction is provided in a county jail or state prison, in a Department of Juvenile Justice facility or program, in a hospital, or while a student is homebound; c. Schools that provide only prekindergarten or adult education; d. Technical centers under Section 1004.91, F.S.; and e. Private schools, regardless of whether or not their students receive state scholarship funds under Chapter 1002, F.S. (b) A safe-school officer must be present, at a minimum, during the school day when the school facility is open for instruction, as defined by the district school board calendar. (c) Districts must establish a policy for safe-school officer assignment outside of the regular school day, including during before and after school, summer school, during extracurricular activities, and for school-sponsored events. In establishing this policy, districts must consider factors such as the number of persons present, the ratio of staff members to students, and other safety measures available. (d) District school safety specialists must ensure that each safe-school officer in the district that is a sworn law enforcement officer, as defined under Sections 1006.12(1) and (2), F.S., has completed mental health crisis intervention training through a curriculum developed by a national organization with expertise in mental health crisis intervention. The training must meet the requirements set forth in Section 1006.12(6)(a), F.S. (e) District school safety specialists must ensure that each safe-school officer that is a school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., has completed training to improve the officer’s knowledge and skills necessary to respond to and de-escalate incidents on school premises. The training must include age and developmentally appropriate strategies for incident response and de-escalation, including interaction with students with disabilities. This training must be completed within thirty (30) days of being hired as a safe-school officer and must be renewed in accordance with recommendations from the training course selected by the district, but at least every three (3) years. (f) Survey of safe-school officers. At least annually, the Office shall conduct a survey regarding safe-school officer assignment by school. School safety specialists are responsible for completion of the survey. (8) Alyssa’s Alert. Beginning with the 2021-22 school year, school districts are required to implement a mobile panic alert system that meets all requirements of Section 1006.07(4)(c), F.S. Districts are authorized to select, free of charge, a system under Department contract, or locally fund a system of their choice. The systems under contract with the Department are posted at http://www.fldoe.org/safe-schools/. (a) School districts are required to maintain current listings of mobile panic alert systems implemented by all public schools, including charter schools, within their district. Such list shall include the school name, address, and MSID number, and vendor or application implemented. School districts are required to provide such list to the Office at SafeSchools@fldoe.org by August 1, 2022. Thereafter, school districts must update this information within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information. (b) Mobile panic alert systems must include mobile devices placed throughout each school campus. In determining the number and placement of devices needed to afford all staff members the ability to silently and easily activate a panic alert in the event of an on-campus emergency, districts must consider using a combination of fixed panic alert buttons, mobile and desktop applications, landline phone capabilities, and wearable panic alerts (such as on a lanyard). (c) By August 1, 2022, school districts must include Alyssa’s Alert in their local emergency policies and procedures required by Section 1006.07(4)(a), F.S. The Alyssa’s Alert policies and procedures must be developed in consultation with the county 911 authority and local emergency management office to ensure that the system selected by the district integrates with local public safety answering point (PSAP) infrastructure to transmit calls and mobile activations. (9) FortifyFL. (a) School districts are required to maintain current school listings in the FortifyFL application, including school name, address, and MSID number. School districts are required to update FortifyFL within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information. (b) School districts are required to maintain current contact information (telephone number and email address) in the FortifyFL application for each school’s administrator and for the school safety specialist. (c) School districts are required to promote FortifyFL, as provided in Section 943.082(4)(b), F.S. Districts are required to: 1\. Advertise FortifyFL on the district website, on school campuses, in newsletters, and in school publications; 2\. Install the FortifyFL app on all mobile devices issued to students; 3\. Bookmark the FortifyFL website on all computer devices issued to students; and 4\. Advertise that someone who knowingly submits a false tip through FortifyFL may be subject to further investigation by law enforcement, and may be subject to criminal penalties under Section 837.05, F.S. (10) Threat assessment teams. (a) Purpose. The purpose of the threat assessment team is to establish a process focusing on behaviors that pose a threat to school safety while serving as a preventative measure to identify needs and provide support to students. This process is also known as a care assessment. (b) Policies. 1\. Each school district must adopt policies, consistent with this rule and with model policies developed by the Office, for the establishment of threat assessment teams at each school. 2\. District threat assessment policies must include procedures for referrals to mental health services identified by the school district pursuant to Section 1012.584(4), F.S. (c) Composition. Each school’s threat assessment team must include persons with expertise in counseling, instruction, school administration, and law enforcement, as provided in Section 1006.07(7)(a), F.S. All members of the team must be involved in the threat assessment process and final decision-making. 1\. The counseling team member must be a school-based mental health services provider that is able to access student mental health records. 2\. The law enforcement team member must be a sworn law enforcement officer, as defined by Section 943.10(1), F.S., including a School Resource Office, school-safety officer, or other active law enforcement officer. At a minimum, a law enforcement officer serving on a threat assessment team must have access to local Records Management System information, the Criminal Justice Information System, and the Florida Crime Information Center and National Crime Information Center databases. Officers serving on school-based threat assessment teams must also have clearance to review Criminal Justice Information and Criminal History Record Information. 3\. A school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., may not serve as the law enforcement member of a threat assessment team. (d) Instrument. Each school-based threat assessment team must use the Comprehensive School Threat Assessment Guidelines (CSTAG) model to assess the behavior of persons who may pose a threat to school staff or students and to coordinate intervention and services for such persons. All reported threats, even those determined not to be a threat, must be documented by the threat assessment team. Documentation must include the evaluation process and any resultant action. Because the purpose of the threat assessment is to identify and intervene in response to threats to school safety, completing a threat assessment does not require parental consent; however, a student’s parent must be notified if the threat assessment process reveals information about a student’s mental, emotional, or physical health or well-being, or results in a change in related services or monitoring. Threat assessment teams must follow local district policies and procedures for required parent notification. (e) Training. All threat assessment team members must be trained on the CSTAG model. For assistance in accessing this training, districts must contact the Office in writing at SafeSchools@fldoe.org. 1\. For the 2021-22 school year, each member of a threat assessment team must complete Office-approved training on the CSTAG model no later than December 31, 2021. 2\. Beginning with the 2022-23 school year, threat assessment teams at each school must be fully staffed and all team members must complete CSTAG training before the start of the school year. Those appointed to threat assessment teams after the start of the school year must complete CSTAG training within ninety (90) days of appointment. (f) Meetings. Each school-based threat assessment team must meet as often as needed to fulfill its duties of assessing and intervening with persons whose behavior may pose a threat to school staff or students, but no less than monthly. Districts must adopt policies requiring threat assessment teams to maintain documentation of their meetings, including meeting dates and times, team members in attendance, cases discussed, and actions taken. (g) Reporting. Each district must ensure that all threat assessment teams in the district report to the Office on the team’s activities during the previous school year. The district school safety specialist must ensure all schools in the district timely report information required by this paragraph. Information described below is due by October 1 and must be reported using the FSSAT: 1\. For the 2021-22 school year, the total number of threat assessments conducted, the number of transient threats, and the number of substantive threats. 2\. Beginning in the 2022- 23 school year, the information required by subparagraph (10)(g)1. and the gender, race, and grade level of all students assessed by the threat assessment team. (h) Notification to Parents. 1\. Each district must establish policies to provide notification to parents of threats and unlawful acts or significant emergencies as defined in Section 1006.07(4)(b), F.S., that occur on school grounds, during school transportation, or during school-sponsored activities. 2\. District policies must address the timing, content, scope, and manner of notification, circumstances when law enforcement must be consulted, and the person or entity with responsibility for parental notification, and involvement of the threat assessment team. In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether the threat is transient or substantive, and whether there is an imminent threat of harm to students and the campus community. 3\. In the case of an imminent threat of harm to students, including an active assailant incident or hostage situation, notification to parents must be made as soon as practicable. Such notification should be made in consultation with local law enforcement and first responders in order to avoid compromising the safety of students and the efficacy of the emergency response and investigation. 4\. In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat assessment team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips, and crime and threat reporting information. 5\. Notifications must be made in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, 34 C.F.R. Part 99, and Section 1002.22, F.S. (11) SESIR. Each district superintendent must designate persons responsible for SESIR reporting for their district and ensure that those persons receive live or online training, as provided in subsection 6A-1.0017(10), F.A.C. (12) Zero-Tolerance Policies and Agreements with Law Enforcement. (a) Each district must have zero-tolerance policies, including policies that define acts that require consultation with and reporting or referral to law enforcement, as provided by Section 1006.13, F.S. (b) Each district must have an agreement with the county sheriff’s office and local police department for reporting acts that pose a threat to school safety, as provided by Section 1006.13(4), F.S. (c) Each district must adopt a cooperative agreement with the Department of Juvenile Justice regarding enforcement of no contact orders, as provided by Section 1006.13(6), F.S. (13) School Security Risk Assessments and the FSSAT. (a) School districts are required to ensure accuracy of current school listings, for their district within the FSSAT application, including school name, address, and MSID number. School districts are required to report to the Office at SafeSchools@fldoe.org within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information in FSSAT. (b) Each year, the school safety specialist must complete a school security risk assessment on or before October 1 at each public school in their district using the FSSAT, as provided in Section 1006.07(6)(a)4., F.S., and Section 1006.1493, F.S. The school security risk assessment is not required for virtual schools or programs that do not have a physical school site. (c) School safety specialists must report by October 15 each year in the FSSAT that required school security risk assessments are completed, as provided in Section 1011.62(15), F.S. (d) School safety specialists must provide recommendations to the district school board and the district school superintendent, identifying strategies and activities the board should implement to improve safety and security, as provided in Section 1006.07(6)(a)4., F.S. (e) Within thirty (30) days after the district school board meets to receive such findings, but not later than November 1, school safety specialists must submit a district best-practices assessment in the FSSAT which includes the school security risk assessment findings and recommendations as provided in Section 1006.07(6)(a)4., F.S. (f) Each school district must develop policies that allow charter school personnel input access to the FSSAT or where input access is restricted to district personnel, develop policies for gathering information from charter schools so that FSSAT reporting requirements, including those for Fortify FL, threat assessment teams and active assailant response plans, include data from charter schools. (14) First Responders’ School Safety Recommendations. (a) The district’s school safety specialist must coordinate with public safety agencies, as defined in Section 365.171, F.S., that are designated first responders to a school’s campus to tour each school’s campus once every three (3) years and to provide recommendations related to school safety, as provided in Section 1006.07(6)(b), F.S. (b) Completion of such tours and any recommendations must be documented in each school’s security risk assessment within FSSAT. (c) The school safety recommendations made by public safety agencies shall be included in the school safety specialist’s report to the superintendent and school board. (15) Emergency drills. (a) Active assailant and hostage situation drills must be conducted at least as often as fire drills are required by the Florida Fire Prevention Code, as adopted by the State Fire Marshal, available at www.myfloridacfo.com. (b) Districts must document completion of emergency drills at all school facilities in the district. (c) Active assailant and hostage situation drills must be conducted in accordance with developmentally appropriate and age-appropriate procedures. Districts are authorized to develop policies that provide for accommodations for drills conducted by exceptional student education (ESE) centers, as defined in Section 1003.57(1)(a)1.a., F.S. District accommodations for drills conducted at ESE centers, if any, must be included in the written policies and procedures for exceptional students that are submitted to the Department in accordance with subsection 6A-6.03411(2), F.A.C. (d) District school safety specialists must coordinate with the sheriff in their county to determine what law enforcement officers are responsible for responding to each school in their district in the event of an active assailant emergency and must provide those officers a minimum of twenty-four (24) hours notice prior to conducting an active assailant emergency drill, pursuant to Section 1006.07(4)(a), F.S. These law enforcement officers must be physically present on each school campus and directly involved in the execution of active assailant emergency drills, unless their presence is determined to be unnecessary by the sheriff. (16) Active Assailant Response Plans. (a) Each district school board must adopt an active assailant response plan, as provided in Section 1006.07(6)(c), F.S. Active assailant response plans must include, at a minimum, plans and expectations for responding to an active assailant situation using the following three (3) strategies: evading or evacuating, taking cover or hiding, and responding to or fighting back. (b) All school personnel must be trained annually on the procedures in the district’s active assailant response plan. Completion of this annual training for all school personnel must be documented in the FSSAT by October 1 of each year. (17) Family Reunification Plans. Each district school board must adopt, in coordination with local law enforcement agencies and local governments, a family reunification plan to reunite students and employees with their families in the event that a school is closed or unexpectedly evacuated due to a natural or manmade disaster. This reunification plan must be reviewed annually and updated, as needed. Individual school plans must be consistent with district policies. At a minimum, district reunification plans must address: (a) Identification of potential reunification sites; (b) Training for employees; (c) Multiple methods to effectively communicate with family members of students and staff; and (d) Methods to aid law enforcement in student and staff identification. (18) Student Identification Cards. Each district must establish policies pursuant to Section 1008.386(3), F.S., requiring that student identification cards issued to students in grades 6 through 12 include telephone numbers for national or statewide crisis and suicide hotlines and text lines. (19) Bullying and Harassment Prevention. (a) Each school district must adopt a policy prohibiting bullying and harassment of students and employees that is consistent with the Department’s Model Policy Against Bulling and Harassment and meets all requirements in Section 1006.147(4), F.S. The policy must be reviewed at a minimum every three (3) years. (b) Each school principal must implement the district’s policy in a manner that is ongoing throughout the school year and is integrated with the school’s curriculum, bullying prevention and intervention program, discipline policies, and other violence prevention efforts. (20) School Safety Specialist Training. (a) Each district school superintendent must designate a school safety specialist for the district that is either a school administrator employed by the district, or a law enforcement officer employed by the sheriff’s office located in the school district, as provided by Section 1006.07(6)(a), F. S. (b) Within thirty (30) calendar days of appointment, school safety specialists must complete the following online Federal Emergency Management Agency Independent Study courses: Multi-Hazard Planning for Childcare; Introduction to the Incident Command System, ICS 100; Preparing for Mass Casualty Incidents: A Guide for Schools, Higher Education, and Houses of Worship; Multi-Hazard Emergency Planning for Schools; and Planning for the Needs of Children in Disasters. These courses can be found at https://training.fema.gov/. School safety specialists must maintain certificates of completion. (c) Within one (1) year of appointment, and annually thereafter, school safety specialists must earn a certificate of completion of school safety specialist training provided by the Office. (21) Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm. (a) Discharge of a weapon. The district school superintendent must notify the Office when a safe-school officer assigned to any school facility in the district discharges a firearm in the exercise of safe-school officer duties, other than for training purposes, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the incident by submitting Form SSON-2021 to SafeSchools@fldoe.org. (b) Officer dismissal or discipline. 1\. The district school superintendent must notify the Office when a safe-school officer assigned to a school facility in the district has been disciplined for misconduct or has been dismissed from their duties as a safe-school officer by their employer, including in cases where the officer is reassigned or moved to another school location, whether by a school district, charter school, law enforcement agency, or private security company, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the dismissal or disciplinary action by submitting Form SSON-2021 to SafeSchools@fldoe.org. 2\. The district school superintendent must notify the Office when there is an allegation of misconduct that results in a safe-school officer being placed on administrative leave or reassigned pending completion of an investigation using the procedure set forth in subparagraph (21)(b)1. Within fifteen (15) days of completion of the investigation, updated information regarding the result of the investigation must be provided to the Office. (c) School districts must implement procedures to ensure that charter schools, law enforcement agencies, and private security firms employing or contracting with safe-school officers timely report discipline and dismissal of safe-school officers and any discharge of an officer’s weapon outside of training activities, so that districts can meet the reporting requirements of this subsection. (22) Charter School Safety Requirements. (a) Monitoring of safety requirements for a charter school is the responsibility of the district’s school safety specialist. The Office, as provided in subsection (5) of this rule, will provide any notices of suspected deficiency occurring at or by a charter school, to the district’s school safety specialist for investigation and response. (b) To ensure that a district school safety specialist is able to monitor and report on school safety and security at a charter school, each charter school must: 1\. Provide contact information in the manner and frequency required by the school safety specialist; 2\. Timely respond to requests for information and access made by the school safety specialist and the Office related to safety requirements set forth in this rule; and 3\. Coordinate with the school safety specialist on curing suspected deficiencies identified by the specialist and the Office. (c) Charter schools and their governing boards are responsible for meeting the safety requirements set forth in this rule. All safety requirements as set forth in subsections (6)-(17) and (20)-(21) apply to charter schools, with any changes to the requirements set forth below: 1\. Safe-school officer. a. District school safety specialists are responsible for ensuring that all charter school facilities in their district have at least one (1) safe-school officer assigned and present on campus while school is in session. b. Each charter school is authorized to establish its own policy on when a safe-school officer must be assigned to a school facility for extracurricular activities and for school-sponsored events or adopt the district’s policy. c. District school safety specialists must keep accurate records of the number and type of safe-school officers assigned to each charter school in the district. d. Districts and charter school governing boards must work together to determine the type of safe-school officer under Section 1006.12, F.S., assigned to each charter school. The safe-school officer options for a charter school are: (I) Upon agreement between the school district and charter school, a school resource officer, pursuant to Section 1006.12(1), F.S.; (II) A school guardian, pursuant to Section 1006.12(3), F.S. and (III) A school security guard, pursuant to Section 1006.12(4), F.S. 2\. Alyssa’s Alert. A charter school is authorized to select any mobile panic alert system that meets all requirements of Section 1006.07(4), F.S., including a system that is not the same one selected by the charter’s sponsor. Prior to contracting for a system that differs from that used by the charter’s sponsor, a charter school must consult with the sponsor on any potential safety impact of using a different system. 3\. FortifyFL. a. The requirements set forth for districts as provided in subsection (9) for FortifyFL apply to the charter’s governing board. b. Where a charter school lacks input access to FortifyFL, the charter’s governing board must ensure that the information for school listings and school contacts, as provided in paragraphs (9)(a) and (b), are timely provided to the district according to their policies. c. A charter school governing board must ensure that FortifyFL contains contact information (telephone number and email address) for a school administrator designated by the governing board or principal to receive tips and notifications from Fortify FL for the charter school. 4\. Threat Assessment Teams. A charter school governing board is authorized to adopt its own threat assessment policies or adopt the district’s policies, as long as the charter school’s policies meet the requirements of Section 1006.07(7), F.S., and the requirements of subsection (10) of this rule. 5\. SESIR. The SESIR duties set forth in subsection (11) must be performed by the charter school’s principal or equivalent personnel, as provided in subsection 6A-1.0017(11), F.A.C. 6\. Zero-Tolerance Policies and Agreements with Law Enforcement. a. In order to comply with SESIR incident reporting procedures set forth in Rule 6A-1.0017, F.A.C., charter school governing boards must establish policies identifying which incidents require consultation with or referral to law enforcement. In lieu of establishing their own policies, a charter school is authorized to adopt the sponsor’s policy. b. Charter school governing boards are not required to enter agreements, as set forth in paragraphs (13)(b) and (c). 7\. School Security Risk Assessments and the FSSAT. a. In order for the district’s school safety specialist to complete the school security risk assessment at a charter school and to meet the reporting requirements found in subsection (13), a charter school must cooperate with the school safety specialist’s requests for information and access. b. For charter schools that lack input access to the FSSAT, the charter school’s governing board must ensure that any information needed for required reporting of safety information within FSSAT is timely provided to the district according to their policies. 8\. Emergency Drills. Drills conducted at charter schools must be coordinated with the district’s school safety specialist and documentation required by subsection (15) must be provided by the charter school to the sponsoring district’s school safety specialist, by the method and time, as established by the district’s school safety specialist. 9\. Active Assailant Response Plans. The requirements for districts, as provided in subsection (16) for an Active Assailant Response Plan, apply to the charter’s governing board. Each charter school must adopt a plan and train all school personnel by the beginning of the 2021-22 school year. Charter schools that open after the 2021-22 school year must adopt an active assailant response plan and train all school personnel on the plan before the school opens. 10\. Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm. Charter school governing boards must comply with district procedures authorized under paragraph (21)(c) for reporting information on safe-school officer discipline and dismissal, and discharge of a firearm in the exercise of safe-school officer duties occurring while assigned to a charter school. (23) Virtual Schools. Virtual schools and their governing boards are responsible for meeting the safety requirements set forth in this rule, with any changes to the requirements set forth below: (a) Except for the requirement to complete the district best practices assessment found in paragraph (13)(e), subsections (7), (8), (13)-(16), and (20)-(21) of this rule are inapplicable to schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, franchises of the Florida Virtual School and virtual charter schools. (b) Florida Virtual School may meet the requirements of paragraphs (12)(b) and (c) with policies that address referral and consultation with law enforcement, and enforcement of no contact orders. (24) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400. (a) Comprehensive School Threat Assessment Guidelines, Form CSTAG-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14264) effective June 2022. (b) Safe-School Officer Notification Report, Form SSON-2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13301) effective July 2021. (c) Model Behavioral Threat Assessment Policies and Best Practices for K-12 Schools, Form BTAP-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14265) effective June 2022. (d) Model Policy Against Bullying and Harassment for K-12 Schools, Form PABH-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14266), effective June 2022. # State Board Rule 6A-1.0081 - Monthly Financial Statements Effective November 19, 2013 This rule discusses the requirement of charter schools to submit monthly or quarterly financial reports to the district. The state now has developed model financial report forms that are also referenced in this rule. [https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.0081](https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.0081) #### 6A-1.0081 Charter School and Charter Technical Career Center Financial Statements and Financial Conditions. The following provisions have been established to prescribe the format for a charter school or charter technical career center’s monthly or quarterly financial statement required by Sections 1002.33(9)(g) and 1002.34(11)(f), F.S., respectively, and to administer the requirements of Section 1002.345(4), F.S. (1) Monthly or quarterly financial statement. (a) A charter school or charter technical career center shall provide a financial statement to the school or center’s sponsor in accordance with Sections 1002.33(9)(g) and 1002.34(11)(f), F.S., respectively, on form IEPC-F1, Governmental Accounting Standards Board (GASB) Monthly Financial Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-03235) or IEPC-F2, Non-Profit Monthly Financial Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-03236), hereby incorporated by reference to become effective November 2013. Forms IEPC-F1 and IEPC-F2 may be obtain by contacting the Office of Independent Education and Parental Choice, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The school shall provide notes to the financial statement, if applicable, to include other information material to the financial statement. Material is defined as when the magnitude of an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would have been changed or influenced by the omission or misstatement. (b) The sponsor shall determine whether the financial statement must be prepared on a cash or accrual basis and the selected format shall apply to all schools and centers in the district. (c) Financial statements shall be formatted in accordance with the accounts and codes prescribed in the publication titled, “Financial and Program Cost Accounting and Reporting for Florida Schools,” which is adopted in Rule 6A-1.001, F.A.C. (d) Charter schools and centers and sponsors shall agree in writing to the date by which the financial statements are to be submitted, with the due date being no more than thirty (30) days after the last day of the reporting period. (e) Sponsors shall not require that monthly or quarterly financial statements be prepared by an independent certified public accountant, unless otherwise agreed to in the charter or a financial recovery plan. (f) The reporting requirements of this subsection are supplemental to any financial reporting requirements already established in the school or center’s charter. (2) Deteriorating financial condition. A deteriorating financial condition is defined as a circumstance that significantly impairs the ability of a charter school or charter technical career center to generate enough revenues to meet its expenditures without causing the occurrence of a condition described in Section 218.503(1), F.S., or a circumstance that has resulted or will result in the occurrence of a condition described in Section 218.503(1), F.S., if action is not taken to assist the school or center. (a) A deteriorating financial condition may be identified in one of the following ways: 1\. The sponsor may determine that a deteriorating financial condition exists through review of a charter school or charter technical career center’s monthly or quarterly financial statement. A deteriorating financial condition may include, but is not limited to, the existence of one or more of the following circumstances: a. The school or center’s actual enrollment is seventy (70%) percent or less of the projected enrollment for which the budget is based, or the enrollment is insufficient to generate enough revenues to meet expenditures; b. The school or center’s actual expenses exceed budgeted expenses for a period of at least three (3) consecutive months in an amount that the school does not have sufficient reserves to compensate; or c. The school or center experiences an unbudgeted financial event for which the charter school has insufficient reserves to compensate. 2\. An auditor may determine that a deteriorating financial condition as defined by Section 1002.345(1)(a)3., F.S., exists based on an annual audit performed pursuant to Section 218.39, F.S. If such a condition is identified, the auditor shall notify each member of the charter school or charter technical career center’s governing board in accordance with Section 218.39(5), F.S. Upon receipt of notification, the governing board shall notify the sponsor of the deteriorating financial condition in writing within seven (7) business days. (b) Upon determination under subparagraph (2)(a)1., of this rule or receipt of notification under subparagraph (2)(a)2., of this rule that a deteriorating financial condition exists, the sponsor shall initiate an expedited review and notify the governing board of the charter school and the Department of Education within seven (7) business days. The charter school and sponsor shall develop a corrective action plan pursuant to Section 1002.345(1)(c), F.S. (3) Developing corrective action plans. (a) If a corrective action plan is required due to the charter school or charter technical career center’s failure to provide for an audit or failure to comply with statutory reporting requirements, the Commissioner shall maintain a record of the corrective action plan. (b) If the corrective action plan is required due to the identification of a deteriorating financial condition or a condition specified in Section 218.503(1), F.S., the Commissioner shall review the corrective action plan within thirty (30) days of receipt to determine whether the strategies identified in the plan adequately address the financial challenges facing the charter school or charter technical career center. 1\. If the Commissioner determines that the corrective action plan is sufficient, the Commissioner shall maintain a record of the corrective action plan and the charter school or charter technical career center’s governing board shall implement and monitor the corrective action plan in accordance with Sections 1002.33(9)(j)3. and 1002.34(13), F.S., respectively. 2\. If the Commissioner determines that the corrective action plan is insufficient and a financial recovery plan is needed to resolve the condition, the charter school or charter technical career center shall be considered in a state of financial emergency pursuant to Section 218.503(4)(c), F.S. (c) The corrective action plan shall include the following components: 1\. A statement of the condition in Section 1002.345(1), F.S., that initiated the development of a corrective action plan. If the corrective action plan is required due to a deteriorating financial condition, the plan must include the three (3) most recent financial statements submitted to the sponsor pursuant to subsection (1) of this rule and the most recent annual financial audit. 2\. A description of actions that will be taken to resolve the condition, including a timeline. 3\. A summary of the governing board’s procedures for monitoring implementation of the plan. 4\. A schedule for the governing board to provide progress reports to the sponsor. 5\. Any additional components deemed necessary and agreed upon by the charter school governing board and the sponsor. (d) If the governing board and the sponsor are unable to agree on a corrective action plan, a letter signed by both parties shall be sent to the Office of Independent Education and Parental Choice requesting the involvement of the Commissioner pursuant to Section 1002.345(1)(c), F.S. The letter shall include: 1\. A statement of the condition in Section 1002.345(1), F.S., that initiated the development of a corrective action plan. 2\. A summary of the proposed corrective action for each party. Within thirty (30) days of receipt of the request, the Commissioner shall determine the components of the corrective action plan, including the reporting requirements for the governing board and monitoring requirements for the sponsor. (4) Determining a state of financial emergency. (a) If the Commissioner is notified pursuant to Section 1002.345(2)(a)1., F.S., that a charter school or charter technical career center’s financial audit reveals one or more of the conditions specified in Section 218.503(1), F.S., the governing board and the sponsor shall develop a corrective action plan for submission and review pursuant to paragraph (3)(b) of this rule. (b) If the Commissioner is notified pursuant to Section 218.503(2), F.S., that one or more of the conditions specified in Section 218.503(1), F.S., have occurred or will occur if action is not taken to assist, the governing board and the sponsor shall develop a corrective action plan for submission and review pursuant to paragraph (3)(b) of this rule. (5) Developing financial recovery plans. (a) If the Commissioner determines that a charter school or charter technical career center is in a state of financial emergency, the financial recovery plan prepared and filed in accordance with Section 1002.345(2)(a)2., F.S., by the school or center’s governing board shall replace any existing corrective action plan created pursuant to paragraph (3)(b) of this rule. (b) The financial recovery plan shall include the following components: 1\. A statement of the condition identified in Section 218.503(1), F.S., that resulted in the determination of a state of financial emergency. 2\. A description of the actions that will resolve or prevent the condition, including a timeline. 3\. A summary of the governing board’s procedures for monitoring the implementation of the plan. 4\. A schedule for the governing board to provide progress reports to the Commissioner and the sponsor. 5\. Any additional components deemed necessary by the school or center’s governing board. (c) The Commissioner shall review and approve or reject financial recovery plans pursuant to Section 218.503(4), F.S., within thirty (30) days of receipt. (6) Correspondence. All correspondence to the Commissioner of Education related to the financial condition of a charter school or charter technical career center shall be addressed to the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400. In addition, electronic correspondence related to the school or center’s financial condition shall be sent to charterschools@fldoe.org. This includes notifications that a financial condition identified in Section 218.503(1), F.S., has occurred or will occur, requests for the involvement of the Commissioner in creating a corrective action plan, completed corrective action plans, and completed financial recovery plans. # State Board Rule 6A-1.0502 – Non-certificated Instructional Personnel Effective October 27, 2020 To provide an additional pathway to hire personnel such as a school social worker. The effect will be that schools will be able to hire more professionals by creating an additional pathway for districts to hire qualified social workers to work in their schools. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0502](https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0502) #### 6A-1.0502 Non-certificated Instructional Personnel. In each school district there are persons who possess expert skill in or knowledge of a particular subject or talent but do not hold a Florida teaching certificate. These persons constitute an invaluable community resource for the education of the pupils in that district. Each school board or charter school governing board shall adopt such policies as are necessary to ensure that the principals and teachers of that district or charter school may utilize in an appropriate instructional capacity the services of such expert persons in the community. Such persons may serve as a non-paid volunteer or as a paid member of the instructional staff to render instructional service in the individual’s field of specialty but shall not be required to hold a Florida teaching certificate. The school board or charter school governing board policies for non-certificated instructional personnel shall include, but are not limited to, the following: (1) Health and age. Health and age requirements shall be the same as those required for certificated instructional personnel. (2) Employment procedures. Employment procedures shall be the same as those followed for certificated instructional personnel, except that non-certificated instructional personnel shall not be entitled to a contract as prescribed by subsection 6A-1.064(1), F.A.C. (3) Personnel records. The personnel records of the district or charter school shall contain information considered necessary by the school board or charter school governing board to establish the specialty of the individual, and a statement of the instructional duties assigned to and performed by such person. (4) Salary. The official salary scheduled for instructional personnel shall include a salary schedule for full-time and part-time employed non-certificated instructional personnel. (5) Assignment, suspension and dismissal. Procedures for the assignment, suspension, and dismissal of non-certificated instructional personnel shall be adopted and provided in writing to each such employee at the time of employment. (6) Assessment of performance. Procedures for assessing the performance of duties and responsibilities by all non-certificated instructional personnel shall ensure that each such person adequately performs the duties assigned. (7) Pupil welfare. Procedures for assuring that each non-certificated instructional person who at any time is expected to assume responsibility for the health, safety, and welfare of pupils possesses, in advance of assuming the responsibility, a clear understanding of state rules and district or charter school rules policies relevant to instructional responsibilities. When assigned duties require knowledge of rules, regulations, or policies of a special nature, the policies shall specify that the person occupying a specifically named position is responsible to ascertain that the person possesses, in advance of assuming the duties, the necessary knowledge to perform such duties in a proper and reasonable manner. (8) Instructional practices and policies. Procedures for assuring that each non-certificated instructional person who at any time is expected to assume responsibility for promoting pupil learning possesses, in advance of assuming this responsibility, a clear understanding of all state instructional practices and policies and district or charter school instructional practices and policies relevant to instructional responsibilities. (9) In lieu of the requirements herein, the school board or charter school governing board may adopt special policies for those part-time personnel who are employed to teach no more than one hundred sixty (160) clock hours during a fiscal year. (10) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ non-certificated persons licensed by the State of Florida as occupational therapists or as physical therapists to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C. Provided, however, that a non-certificated person employed to render services as an occupational therapist or as a physical therapist may be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law. (11) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons certified as audiologists or speech pathologists under Chapter 468, Part I, F.S., to render services to students in those areas covered by such certificate of registration. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C. Provided, however, that a non-certificated person employed to render services as an audiologist or speech pathologist may not be assigned duties of an instructional nature that are not covered within the scope of the person’s certificate of registration as defined by law. (12) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons licensed as clinical social workers under Chapter 491, F.S., to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C., provided, however, that a non-certificated person employed to render services as licensed clinical social worker may not be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law. (13) A non-certificated person employed pursuant to this section shall be accorded the same protection of the laws as that accorded the certificated teacher. # State Board Rule 6A-1.0503 – Definition of Qualified Instructional Personnel Effective December 22, 2019 This rule discusses the definition of a “Qualified Instructional Personnel” include for those who are assigned or hired by a charter school. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0503](https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0503) #### 6A-1.0503 Definition of Qualified Instructional Personnel. (1) As used in this rule, the following terms have the following meanings: (a) “Primary instructor” refers to any instructional employee of a Florida public school district who provides direct support in the learning process by planning, delivering, and evaluating instruction, including through virtual or blended environments, for all students during the entire class period. (b) “In-field” means a teacher is assigned to a course covering subject matter for which the teacher holds a certificate per Section 1012.55, F.S., or demonstrates sufficient subject matter expertise as determined by paragraphs (2)(a)-(h) of this rule. (c) “Out-of-field” means a teacher is assigned to a course covering subject matter outside the field for which the teacher holds a certificate per Section 1012.55, F.S., or for which the teacher has not demonstrated sufficient subject matter expertise per section 1012.42, F.S., and as determined by paragraphs (2)(a)-(h) of this rule. (2) A primary instructor must meet one (1) of the following conditions to be considered in-field: (a) Hold a valid Florida educator’s certificate with the appropriate coverage as provided for in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or (b) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), but have completed a minor field of study in the subject area to be taught, as per Section 1012.42, F.S., and the minor field of study consists of at least fifteen (15) semester hours in the appropriate subject area, or (c) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), and have demonstrated sufficient subject matter expertise through passage of a standardized examination, pursuant to Section 1012.56, F.S., and Rules 6A-4.002, 6A-4.0021(12), and 6A-4.0243, F.A.C., or a comparable method for attainment of essential competencies in the subject area to be taught pursuant to district school board policy adopted as per Section 1012.42, F.S., or (d) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), and have previously documented subject matter expertise for the academic course assigned based on a High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan completed pursuant to 20 U.S.C. s. 7801(23) (effective January 8, 2002 to December 9, 2015); provided that the plan was completed under one (1) of the following conditions: 1\. A Florida HOUSSE plan or out-of-state HOUSSE plan was completed by the beginning of the 2006-2007 school year and is filed in the educator’s official personnel record; or 2\. A HOUSSE plan documented subject matter expertise for a course in a world language when a Florida subject area examination has not been developed, a standardized examination had not been specified in state board rule, or the plan was completed prior to approval of a standardized examination in state board rule; or (e) Hold a valid certificate issued by the school district as a nondegreed teacher of career and technical education courses employed under the provisions of section 1012.39, F.S. The requirements in Sections 1012.39(1)(c)2.a. and b., F.S., must be satisfied prior to initial appointment to the position; or (f) Hold appropriate credentials to qualify as a prekindergarten instructor to teach Voluntary Prekindergarten courses under the provisions of Sections 1002.55(3)(c), or 1002.55(4), F.S., or (g) Hold a valid full-time or part-time adjunct teaching certificate in the subject area to be taught, issued pursuant to district school board policy adopted under the provisions of Section 1012.57, F.S., or (h) Hold neither a Florida educator’s certificate nor a certificate issued by the school district and be employed to teach a course in the individual’s field of specialty under the provisions of Rule 6A-1.0502, F.A.C. (3) A primary instructor considered out-of-field per paragraph (1)(c) of this rule, shall have been approved by the school board or charter school governing board to teach out-of-field after determination that a teacher with appropriate certification coverage is not available. All evidence of such qualifications and approval must be reflected in the individual’s official personnel record; provided, however, that such approval may be granted by the school board or charter school governing board only under one (1) of the following conditions: (a) The individual is in the first year of employment in the out-of-field assignment and has not been granted, during any preceding year in the district or charter school, approval by either the school board or the charter school governing board to be employed out-of-field in an area for which specific certification is otherwise required, or (b) The individual has been approved to teach in the out-of-field assignment during any preceding year in the district or charter school and has earned the following college credit from an accredited or approved institution pursuant to Rule 6A-4.003, F.A.C., or inservice training in an approved district add-on program or district approved subject content professional development program: 1\. Out-of-field assignment other than ESOL (English to Speakers of Other Languages). An individual assigned to teach out-of-field in a subject other than ESOL shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required in paragraph (2)(a), within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification; 2\. Out-of-field assignment in only ESOL. An individual assigned to teach out-of-field in only ESOL shall complete at least three (3) semester hours of college credit or the equivalent inservice toward the ESOL requirements within the first two (2) calendar years from date of initial assignment to a class with limited English proficient (LEP) students and three (3) semester hours or the equivalent inservice during each calendar year thereafter until all requirements for certification in ESOL are completed; or 3\. Out-of-field assignment in ESOL and another subject. An individual assigned to teach out-of-field in ESOL and another subject shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required by paragraph (2)(a), within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification. The training shall be completed in the following manner: During the first two years, at least three (3) of the required twelve (12) semester hours or the equivalent inservice shall be completed in ESOL strategies. Beginning with the third year and each year thereafter, at least three (3) semester hours or the equivalent inservice shall be completed in ESOL strategies and at least three (3) semester hours in the other out-of-field subject requirements. When either all ESOL or all other out-of-field subject requirements are completed, a teacher shall comply with the schedule specified in subparagraph (3)(b)1. or 2. of this rule, as appropriate until all requirements are completed for both ESOL and the other out-of-field subject. 4\. Waivers of college credit or inservice training in an approved district add-on or subject content professional development program may be obtained by one of the following provisions: a. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1., 2. or 3. of this rule, an individual shall provide a doctor’s statement certifying to medical inability to earn such credit during the prescribed time; b. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1. of this rule, the district superintendent or charter school chief administrator shall provide a statement certifying to extenuating circumstances beyond the control of the teacher to earn such credit during the prescribed time; or c. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1., or the criteria in paragraph (3)(a) of this rule, the Commissioner of Education may grant to the district, individual school sites, or a charter school a waiver of the requirements for a period of one (1) year on a one-time basis. The district superintendent or charter school chief administrator shall, pursuant to school board or charter school governing board approval for such waiver, show extenuating circumstances that create a hardship for the district or teachers in meeting the specified requirements. --- *Rulemaking Authority 1001.02(1), (2)(n), 1002.33(12)(f), 1012.32, 1012.55(1), 1012.56(6) FS. Law Implemented 1002.33, 1012.32, 1012.55, 1012.56 FS. History–New 4-19-74, Repromulgated 12-5-74, Amended 9-8-76, Formerly 6A-1.503, Amended 10-30-90, 10-3-91, 2-18-93, 5-25-04, 3-1-05, 4-30-18, 11-28-18, 12-22-19.* # State Board Rule 6A-1.09411 – K-12 Civic Education Curriculum Effective November 23, 2021 This rule sets forth the requirements for an integrated civic education curriculum for school districts and charter schools to utilize for grades K-12. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.09411](https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.09411) #### 6A-1.09411 K-12 Civic Education Curriculum. (1) It is the intent of the State Board of Education that high school graduates have sufficient knowledge of United States civics and government, particularly the principles reflected in the Declaration of Independence and the Constitution of the United States, so as to be capable of discharging the responsibilities associated with American citizenship. (2) To help families, civic institutions, local communities, district school boards, and charter schools prepare students to be civically responsible and knowledgeable adults, the requirements for an integrated civic education curriculum that school districts and charter schools utilize for grades K through 12 are as follows: (a) Using the social studies standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction and curriculum for integrated civics education must advance student content knowledge and skills each year as developmentally appropriate. (b) Curriculum and instruction must comply with the efficient and faithful teaching of the required topics and must be consistent with the Next Generation Sunshine State Standards and the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards, per Rule 6A-1.094124, F.A.C., Required Instruction Planning and Reporting. (3) The integrated civic education curriculum must assist students in developing: (a) An understanding of their shared rights and responsibilities as residents of the state and of the founding principles of the United States, and must include the following topics: 1\. A review of select colonial American charters, compacts, and laws that preceded and influenced the Declaration of Independence and the Constitution of the United States. 2\. The history and content of the Declaration of Independence, including national sovereignty, natural law, self-evident truths, equality of all persons, limited government, consent of the governed, right of resistance, popular sovereignty, and the divine source of inalienable rights of life, liberty, and property, and how those rights form the philosophical foundation of our government. 3\. The history, meaning, significance, and effect of the provisions of the Constitution of the United States and amendments thereto, with emphasis on each of the ten (10) amendments that make up the Bill of Rights, and how the Constitution provides the structure of our government. 4\. The arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers. (b) A sense of civic pride and desire to participate regularly with government at the local, state, and federal levels. (c) An understanding of the process for effectively advocating before government bodies and officials. (d) An understanding of the civic-minded expectations of an upright and desirable citizenry that recognizes and accepts responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. An upright and desirable citizen: 1\. Has a thorough knowledge of America’s founding principles and documents, and is equipped to apply this knowledge. 2\. Demonstrates civic virtue and self-government that promotes the success of the United States constitutional republic through personal responsibility, civility, and respect in political, social, and religious discourse and lawful civic engagement. 3\. Respects the military, elected officials, civic leaders, public servants, and all those who have defended the blessings of liberty in pursuit of the common good, even at personal risk. 4\. Understands the United States Constitution, Bill of Rights, and other amendments in their historical context; defends the core values of these documents and the principles that shaped them. 5\. Recognizes how political ideologies, such as communism and totalitarianism, conflict with the principles of freedom and democracy essential to preserving the United States constitutional republic. 6\. Appreciates the price paid by previous generations to secure the blessings of liberty and why it is the responsibility of current and future generations to preserve it. # State Board Rule 6A-1.094120 Youth Mental Health Awareness Training and Reporting Effective November 22, 2022 To set forth requirements relating to youth mental health training (YMHAT) and reporting. [https://www.flrules.org/gateway/ruleno.asp?id=6A-1.094120](https://www.flrules.org/gateway/ruleno.asp?id=6A-1.094120) #### 6A-1.094120 Youth Mental Health Awareness Training and Reporting. (1) Purpose. The purpose of this rule is to set forth requirements for training and reporting of Youth Mental Health Awareness Training, pursuant to Section 1012.584(5), F.S. (2) Definitions. In this rule, the terms have the following meaning: (a) “Department” means the Department of Education; (b) “School District” means the Florida Virtual School under Section 1002.37, F.S., the Florida School for the Deaf and the Blind under Section 1002.36, F.S., Developmental Research (Laboratory) Schools under Section 1002.32, F.S., and districts set forth in Article IX, Section 4, of the Florida Constitution; (c) “School Personnel” means persons who must receive Youth Mental Health Awareness Training in any public school in a School District, including a charter school. (d) “Youth Mental Health Awareness Training” means programs designed to help school personnel identify and understand signs of emotional disturbance, mental illness and substance abuse disorders and provide school personnel with the skills to assist a person who may be developing or experiencing an emotional, mental health or substance use concern. (3) Approved Youth Mental Health Awareness Training. The program approved by the Department to provide Youth Mental Health Awareness Training to school personnel is listed at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. All school personnel identified as set forth in subsection (4) of this rule must receive this training. (4) Presumptive Identification of School Personnel for Training and Certification. (a) The Department will provide, by February 1 of each year, a list of job codes or categories from the document entitled “Data Elements – Staff” incorporated in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System, in order to identify the positions that must receive Youth Mental Health Awareness Training. This list will be posted annually at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. (b) Unless a School District submits a request to establish another method of identifying school personnel and receives approval from the Department, a School District must use these job codes and categories and the persons who hold these positions as of February 1, when providing the certification required by this rule. (5) Certification of Training. (a) The annual certification that at least 80% of school personnel in a School District, including school personnel at charter schools, have completed the approved youth mental health awareness training must be submitted to the Department on the form entitled “Annual Certification of Youth Mental Health Awareness Training,” Form No. YMHAT-1 by July 1 of each year. This form, effective December 2022, is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-14903) and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. (b) This form must be submitted by the superintendent or designee. Instructions to submit this form may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. (6) Charter Schools. School Districts must implement procedures to include school personnel at charter schools in the School District’s certification. A School District may rely upon a charter school’s certification without independent verification when submitting the School District’s certification of training under subsection (5) of this rule. # State Board Rule 6A-1.0955 – Education Records Effective August 29, 2023 This rule discusses the requirement of maintaining and caring for educational records that a school creates. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0955](https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0955) #### 6A-1.0955 Education Records. (1) Purposes. This rule applies to education records maintained to facilitate the instruction, guidance, and educational progress of students in programs operated under the authority and direction of a district school board or other agency or institution as defined in Section 1002.22(1), F.S. This rule is intended to further the intent of Section 1002.22(2), F.S., that the rights of students and their parents with respect to education records created, maintained, or used by public educational institutions and agencies must be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, the implementing regulations issued pursuant thereto, and Sections 1002.22 and 1002.221, F.S. (2) Definitions. (a) “Education records” means records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution, as defined in 20 U.S.C. s. 1232g(a)(4). (b) “Eligible student” means a student who has reached 18 years of age or is attending a postsecondary institution, at any age. (c) “Institution” means any public school, center, or other entity that is part of Florida’s education system under Sections 1000.04(2), (4), and (5), F.S. (d) “Online educational service” means computer software, mobile applications (apps), and web-based tools that students or parents are required to use and access through the internet and as part of a school activity or function. Examples include online services that students or parents use to access class readings, assignments, or videos, to view learning progression, or to complete assignments. This does not include online services that students or parents may use in their personal capacity or to online services that districts or schools may use to which students or parents do not have access, such as a district student information system. (e) “Parent” includes parents or guardians of students who are or have been in attendance at a school or institution as defined in paragraph (2)(c). (f) “Personally identifiable information” or “PII” means information that can be used to distinguish or trace a student’s identity either directly or indirectly through linkages with other information, as defined in 34 CFR §99.3. PII includes, but is not limited to direct identifiers (such as a student’s or other family member’s name), indirect identifiers (such as a student’s date of birth, place of birth, or mother’s maiden name), and other personal identifiers (such as a student’s social security number or Florida Education Identifier (FLEID) number). PII also includes information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. (g) “School Board or School District” means a Florida school district or district school board, charter school governing board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). (h) “School day(s)” means any weekday that school is in session, based on the school district’s calendar; (i) “Student” means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records. (j) “Therapeutic treatment plan” means a plan that identifies the mental health diagnosis, or condition, the therapy or intervention goal(s), the type of school-based mental health intervention, and the school-based mental health services provider responsible for providing the mental health intervention or therapy. (k) “Therapy progress notes” means notes maintained by a school-based mental health services provider that summarize the focus and progress toward treatment goals(s) of each therapy or intervention session. (l) “Third-party vendor” or “Third-party service provider” means any entity, whether public or private, that provides services to a school board or institution through a contract or agreement. The term does not include the Florida Department of Education, the Department’s contractors and subcontractors, and School Boards and School Districts as defined in paragraph (2)(g). (3) Information contained in education records must be classified and retained as follows: (a) Category A: Information for each student which must be kept current while the student is enrolled and retained permanently in the manner prescribed by Section 1001.52(2), F.S. (b) Category B: Information which is subject to periodic review and elimination when the information is no longer useful in the manner prescribed by Section 1001.52(3), F.S. (4) Content of Category A records. The following information must be maintained for each student: (a) Student’s full legal name, (b) Authenticated birthdate, place of birth, race, ethnicity and sex, (c) Last known address of the student, (d) Names of the student’s parent(s) or guardian(s), (e) Name and location of last school attended, (f) Number of days present and absent, date enrolled and date withdrawn, (g) Courses taken and record of achievement, such as grades, units, or certification of competence, (h) Date of graduation or date of program completion, and (i) Records of requests for access to and disclosure of personally identifiable information from the education records of the student as required by FERPA. (5) Content of Category B records. These records may include but are not limited to the following: (a) Health information and health care plans, (b) Family background data, (c) Standardized test scores, (d) Educational and career plans, (e) Honors and activities, (f) Work experience reports, (g) Teacher comments, (h) Reports of student services or exceptional student staffing committees including all information required by Section 1001.42(13), F.S., (i) Discipline records, (j) School Environmental Safety Incident Reports (SESIR) collected under Section 1006.07(9), F.S., (k) Except as provided in Subsection (6), threat assessments done by the threat assessment team pursuant to Section 1006.07(7), F.S., (l) Academic and behavioral intervention services, (m) Psychological evaluations, (n) Therapeutic treatment plans and therapy progress notes, (o) Correspondence from community agencies or private professionals, (p) Driver education certificate, (q) List of schools attended, (r) Written agreements of corrections, deletions or expunctions as a result of meetings or hearings to amend educational records, and (s) Records designated for retention by the Florida Department of State in General Records Schedule GS7 for Public Schools Pre-K – 12, Adult and Vocational/Technical. (6) Threat assessments. (a) Transient or Substantive Threats. Threat assessments determined to be transient or substantive, as defined in Rule 6A-1.0018, F.A.C., are Category B records and shall be maintained in a student’s file as long as determined useful by a threat assessment team, pursuant to Section 1006.07(7), F.S., and Rule 6A-1.0018, F.A.C. (b) Non-Threats. In order to protect students from stigma and unintended consequences, reported threats which are determined by a threat assessment team not to be a threat at all, meaning the threat does not rise to the level of transient or substantive, may be maintained by the threat assessment team, but must not be maintained in a student’s file, unless one of the following conditions are met: 1\. The parent of the student who was the subject of a non-threat finding requests that the record be retained in the student’s file; or 2\. The threat assessment team has made a determination that the non-threat finding must be retained in order to ensure the continued safety of the school community or to ensure the well-being of the student. a. Such determination and reasoning for maintaining the record must be documented with the non-threat finding. b. Where such a determination is made, the threat assessment team must re-evaluate the decision on an annual basis to determine if the record is no longer useful. The student’s age and length of time since the original assessment must be considered in those evalulations. (7) School districts must maintain sufficient information, to include social security numbers for students enrolled in a postsecondary program so that they can be located after they have either withdrawn or completed a program of study. (8) Each school board must adopt a policy for educational records which must include: (a) Provisions for an annual written notice and other notices necessary to inform parents and eligible students of their rights as defined in Section 1002.22(2), F.S., and FERPA. The district must develop methods of notice for informing parents and eligible students unable to comprehend a written notice in English; (b) Provisions for permitting parents and eligible students to inspect and review the education records of the student. The district must comply with a request within a reasonable period of time, but in no case more than thirty (30) days after it has been made; (c) Provisions for parents and eligible students to exercise the right of waiver of access to confidential letters or statements. School districts may not require that parents or eligible students waive any of their rights under Section 1002.22(2), F.S. and FERPA; (d) A schedule of fees and charges for copies of education records which charges no more than the fees and charges for public records as set forth in Section 119.07, F.S. In no circumstance must the cost reflect the costs to retrieve the education records; (e) A listing of the types and locations of education records maintained by the educational agency or institution and the titles and addresses of the officials responsible for those records; (f) Provisions for disclosure of personally identifiable information where prior written consent of the parent or eligible student is not required; (g) Provisions for disclosure of personally identifiable information where prior written consent of the parent or eligible student, is required, and provisions for maintaining records of requests and disclosures; (h) Provisions for the maintenance and security of student records, including procedures to ensure the confidentiality of student records and safeguard records from unauthorized or unintentional access; (i) Provisions for disclosure of personally identifiable information in health and safety emergencies; (j) Provisions for disclosure of directory information; (k) Provisions for challenging the content of any record which the parent or eligible student believe to be inaccurate, misleading or a violation of the right of privacy and for providing an opportunity for amendment of such information; and (l) Provisions for ensuring the accuracy of information maintained and for periodic review and elimination of information no longer useful, in the manner prescribed by Section 1001.52(3), F.S. (m) Provisions for parents to specify the use of any deviation from their child’s legal name in school. School districts will develop a form to obtain parental consent along with any required documentation, as appropriate. (9) School board and charter school governing board policies for required use of online educational services by students and parents. In order to protect a student’s PII from potential misuse and in order to protect students from data mining or targeting for marketing or other commercial purposes, school boards and charter school governing boards must adopt policies that provide for review and approval of any online educational service that students or their parents are required to use as part of a school activity. These policies are required whether or not there is a written agreement governing student use, and whether or not the online educational service is free. These policies are required even if the use of the online educational service is unique to specific classes or courses. (a) These policies must include the following: 1\. Review of the online educational service’s terms of service and privacy policy to ensure compliance with state and federal privacy laws, including FERPA and its implementing regulations, the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. ss. 6501-6506, and Section 1002.22, F.S.; 2\. Designation of a person or persons responsible for the review and approval of online educational services that will be required for students to use and the procedure for seeking such approval; 3\. Procedures for notifying parents and eligible students if student PII will be collected by the online educational service; 4\. Where student PII will be collected by the online educational service, procedures for notifying parents and eligible students of information that will be collected, how it will be used, when and how it will be destroyed, and the terms of re-disclosure, if any; and 5\. An explicit prohibition against using any online educational service that will share or sell a student’s PII for commercial purposes without providing parents a means to either consent or disapprove. This disclosure prohibition does not prevent the purchase, merger, or other type of acquisition of a third party provider or online educational service by another entity, provided that the successor entity continues to be subject to the provisions of this rule with respect to previously acquired PII. (b) For any online educational service that a student is required to use, a district must provide notice on its website of the PII information that may be collected, how it will be used, when it will be destroyed and the terms of re-disclosure. This notice must include a link to the online educational service’s terms of service and privacy policy, if publicly available. (10) Procedures for transfer of education records. (a) The transfer of records must be made immediately upon written request of an eligible student, a parent or a receiving school. The principal or designee must transfer a copy of all Category A and Category B information and must retain a copy of Category A information; however, student records which are required for audit purposes for programs listed in Section 1010.305, F.S., must be maintained in the district for the time period indicated in Rule 6A-1.0453, F.A.C. (b) The transfer of education records must not be delayed for nonpayment of a fee or fine assessed by the school. (c) The transfer of records of students who transfer from school to school must occur within five (5) school days of receipt of the request for records from the new school or district, or receipt of the identity of the new school and district of enrollment, whichever occurs first. Student records must contain verified reports of serious or recurrent behavior patterns, including substantive and transient threat assessments and intervention services, and psychological evaluations, including therapeutic treatment plans and therapy progress notes created or maintained by district or charter school staff. Non-threats as described in subsection (6) must not be transferred with a student’s educational record unless one of the conditions described in subparagraphs (6)(b)1. and 2. are met. (11) School district and charter school contracts or agreements with third-party vendors. (a) All contracts or agreements executed by or on behalf of a school district or charter school with a third-party vendor or a third-party service provider must protect the privacy of education records and student PII contained therein. Any agreement that provides for the disclosure or use of student PII must: 1\. Require compliance with FERPA, its implementing regulations, and Section 1002.22, F.S.; 2\. Where applicable, require compliance with COPPA, 15 U.S.C. ss. 6501-6506, and its implementing regulations; 3\. Ensure that only the PII necessary for the service being provided will be disclosed to the third party; and 4\. Prohibit disclosure or re-disclosure of student PII unless one of the conditions set forth in paragraph (11)(b) has been met. (b) Contracts or agreements with a third-party vendor or third-party service provider may permit the disclosure of PII to the third party only where one or more of the following conditions has been met: 1\. The disclosure is authorized by FERPA and 34 CFR §99.31; 2\. The disclosure is authorized by the school board or charter governing board’s directory information policy implemented in accordance with FERPA and 34 CFR §99.37; or 3\. The disclosure is authorized by written consent of an eligible student or parent. Consent must include, at a minimum, an explanation of who the PII would be disclosed to, how it would be used, and whether re-disclosure is permitted. Any re-disclosure must meet the requirements of paragraph (11)(b) and must be authorized by the school board or charter school governing board. (12) Security of education records. (a) The school principal or designee must be responsible for the privacy and security of all student records maintained in the school. (b) The superintendent of schools or designee must be responsible for the privacy and security of all student records that are not under the supervision of a school principal. (c) Institutions and agencies that are not part of a school district must designate the office or position responsible for the privacy and security of all student records. # State Board Rule 6A-1.0957 ‐ Internet Safety Policies Effective August 22, 2023 This rule will provide clarity to districts on what to include in their local policy for student access to the Internet. [https://www.flrules.org/gateway/View\_Notice.asp?id=27245668](https://www.flrules.org/gateway/View_Notice.asp?id=27245668) #### 6A-1.0957 Internet Safety Policy. (1) Purpose. The purpose of this rule is to set forth requirements for internet safety policies that must be adopted by school districts and charter school governing boards. (2) Internet Safety Policy. (a) By September 1 of each year, each district school board and charter school governing board must adopt an internet safety policy for student internet use that applies to all devices owned or provided by a district or school, or any device (including privately owned) connected to district- or school-provided internet. This policy must be reviewed and approved annually by the school board or governing board. (b) In developing a student internet safety policy, district school boards and governing boards must review whether the Children’s Internet Protection Act, 47 C.F.R. § 54.520, applies and, if so, ensure compliance with CIPA. (c) Student internet safety policies must, at a minimum: 1\. Require the use of technology protection measures to filter or block access to material that is not appropriate for students, taking into consideration the subject matter and the age of the students served at each school; 2\. Protect the safety and security of students when using email, chat rooms, and other forms of direct electronic communications; 3\. Require the use of technology protection measures to prevent hacking or unauthorized access by students to data or information that they should not have access to, and to prohibit other unlawful online activities by students; 4\. Prevents access to websites, web or mobile applications, or software that do not protect against the disclosure, use, or dissemination of students’ personal information in accordance with rule 6A-1.0955, F.A.C.; and 5\. Prohibits students from accessing social media platforms, except when expressly directed by a teacher for an educational purpose. (d) Prior to requiring students to use online content, policies must require staff to confirm the content is not blocked by the student internet filter. Policies must provide a process for staff to request that blocked content or social media platforms to be reviewed and unblocked for educational purposes. (3) TikTok. School districts and charter school governing boards must: (a) Prohibit the use of TikTok, and any successor platforms, on all district- or school-owned devices, or on any device (including privately owned) connected to district- or school-provided internet; and (b) Prohibit the use of TikTok, or any successor platforms, to be used to communicate or promote any school district, school, school-sponsored club, extracurricular organization, or athletic team. # State Board Rule 6A-1.09981 - School Improvement and Accountability Effective July 14, 2021 This rule discusses the requirement of the statewide school improvement and accountability system. [https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.09981](https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.09981) #### 6A-1.09981 School and District Accountability. (1) Purpose. The purpose of this rule is to provide the definitions and policies for school and district grades accountability systems. (2) Definitions. For the purpose of this rule, the following definitions shall apply: (a) “Full-year-enrolled student” means a student who is present for both the second and third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and who is still enrolled at the time of statewide standardized testing. (b) “Learning gains” means that the student demonstrates growth from one (1) year to the next year sufficient to meet the criteria below. Learning gains may be demonstrated in English Language Arts and Mathematics. 1\. Students with two (2) consecutive years of valid Florida Standards Assessment scores may demonstrate learning gains in four (4) different ways. a. Students who increase at least one (1) achievement level on the Florida Standards Assessment in the same subject area. b. Students who scored below Achievement Level 3 on the Florida Standards Assessment in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest. c. Students whose score remained at Achievement Level 3 or 4 on the Florida Standards Assessment in the current year and whose scale score is greater in the current year than the prior year in the same subject area. This does not apply to students who scored in a different achievement level in the prior year in the same subject area. d. Students who scored at Achievement Level 5 in the prior year on the Florida Standards Assessment and who score in the same Achievement Level in the current year in the same subject area. 2\. Students with two (2) consecutive years of valid Florida Standards Alternate Assessment scores may demonstrate learning gains in four (4) different ways. a. Students who increase at least one (1) achievement level on the Florida Standards Alternate Assessment in the same subject area. b. Students who scored below Achievement Level 3 on the Florida Standards Alternate Assessment in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest. c. Students who scored at Achievement Level 3 on the Florida Standards Alternate Assessment in the prior year and who maintain the same Achievement Level 3 subcategory or move from the lower subcategory to the higher subcategory. Subcategories are determined by dividing the scale of Achievement Level 3 into two (2) equal parts. If the scale range cannot be evenly divided into two (2) equal parts for Achievement Level 3, then the highest subcategory shall be the smallest. d. Students who scored at Achievement Level 4 in the prior year on the Florida Standards Alternate Assessment and who score in the same Achievement Level in the current year in the same subject area. (c) “Passing” means that the student must attain a statewide standardized assessment score of Achievement Level 3 or higher. (d) “School grade component” means the areas listed in paragraphs (4)(a), (4)(b) and (4)(c) of this rule. (e) “School grades school year” means the fall, winter, spring, and the preceding summer for the purposes of the school grades calculation. (f) “Statewide standardized assessments” means the assessments required in Section 1008.22(3), F.S., including the comprehensive statewide assessments, the end-of-course assessments, and the alternate assessments. (g) “Students in the lowest twenty-five (25) percent” means current year full-year-enrolled students whose prior year assessment scores are in the lowest performing twenty-five (25) percent on the statewide standardized assessments in the subject areas of English Language Arts or Mathematics for each school. (h) “Subject areas” means the four (4) areas of English Language Arts (English Language Arts in grades 3 through 10), Mathematics (Mathematics in grades 3 through 8, Algebra 1, and Geometry), Science (Science in grades 5 and 8, and Biology 1), and Social Studies (Civics and U.S. History). (3) School Accountability Framework. (a) Each school shall be assigned a letter grade of A, B, C, D, or F annually. (b) A school shall receive a grade based solely on the components for which it has sufficient data. Sufficient data exists when at least ten (10) students are eligible for inclusion in the calculation of the component. If a school has less than ten (10) eligible students with data for a particular component, that component shall not be calculated for the school. (c) Student performance data for alternative schools that choose to receive a school improvement rating and are not charter schools shall be included in the school grade of the student’s home-zoned school. This data is limited to the components listed in paragraph (4)(a) of this rule. (d) Student performance data for hospital and homebound students shall be included in the school grade of the student’s home-zoned school. This data is limited to the components listed in paragraph (4)(a) of this rule. (e) To ensure that student data accurately represent school performance, schools shall assess at least ninety-five (95) percent of their students to qualify for a school grade, unless the school only has sufficient data for the components found in paragraphs (4)(b) and (c) of this rule. (f) To be included as an assessed student, in the percent-tested measure, a student must be enrolled during the third period full-time equivalent (FTE) student membership survey, as specified in Rule 6A-1.0451, F.A.C., enrolled at the time of testing, and assessed on the statewide standardized assessments or the English Language Proficiency Assessment, for a student who is a first year English Language Learner as provided in Rule 6A-1.09432, F.A.C., and did not take the English Language Arts statewide assessment. (g) English Language Learners, as defined in Rule 6A-6.0901, F.A.C., shall be included in the achievement components in subparagraphs (4)(a)1.-4. of this rule, once they have been enrolled in school in the United States for two (2) years. English Language Learners will be included in the learning gains components in subparagraphs (4)(a)5.-8. of this rule, beginning with their first year in school in the United States. For English Language Learners in their first year in school in the United States, who do not take the statewide standardized English Language Arts assessment, an English Language Arts linked score will be calculated for them based on their English Language Proficiency Assessment results. This linked score will be used as the prior year score in the learning gains calculation. (h) High school students’ statewide end-of-course assessment scores used for achievement and learning gains measures will be scores for the assessments administered to students for the first time in high school and must be for a course in which the student was enrolled. If a student took the assessment for the first time in high school and then retook the assessment during the same school grades school year while enrolled in the course, the highest score will be included in the calculation. (i) Middle school students’ statewide end-of-course assessment scores used for achievement, learning gains, and middle school component measures will be scores for a course in which the student was enrolled. If a student retook the assessment during the same school grades school year while enrolled in the course, the highest score will be included in the calculation. (4) School Grading System. The school grade components shall be calculated as a percentage, with the possible points listed by the component. (a) School Grading Components for all Schools. 1\. English Language Arts Achievement. (100 points) The percentage of full-year-enrolled students who took and passed a statewide standardized assessment for grades 3 through 10 in English Language Arts. 2\. Mathematics Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized assessment in Mathematics for grades 3 through 8, the statewide standardized end-of-course assessment in Algebra 1 or Geometry. If a student is enrolled in more than one (1) mathematics course that has an associated statewide standardized assessment, the student’s highest score shall be used in the calculation. 3\. Science Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized assessment in Science for grades 5 or 8 or the statewide standardized end-of-course assessment in Biology 1. 4\. Social Studies Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized end-of-course assessment in Civics or U.S. History. If a student is enrolled in more than one (1) social studies course that has an associated statewide end-of-course assessment, the student’s highest score shall be used in the calculation. 5\. Learning gains in English Language Arts. (100 points) The percentage of full-year-enrolled students demonstrating learning gains in English Language Arts. 6\. Learning gains in Mathematics. (100 points) The percentage of full-year-enrolled students demonstrating learning gains in Mathematics. 7\. Learning gains of the lowest twenty-five (25) percent of students in English Language Arts. (100 points) The percentage of full-year-enrolled students who scored in the lowest twenty-five (25) percent in the prior year who demonstrated current year learning gains in English Language Arts. 8\. Learning gains of the lowest twenty-five (25) percent of students in Mathematics. (100 points) The percentage of full-year-enrolled students who scored in the lowest twenty-five (25) percent in the prior year who demonstrated current year learning gains in Mathematics. (b) School Grading Component for Middle Schools. (100 points) The middle school grading component shall be calculated for schools comprised of grades 6, 7, and 8 and schools comprised of grades 7 and 8. In addition, if a school includes grades 6, 7, and 8 or grades 7 and 8 with other grade levels, that school shall be included in the middle school component. 1\. An eligible student for this component is a full-year-enrolled student, who is a current year grade 8 student who scored at or above Achievement Level 3 on the Mathematics statewide standardized assessments in the prior year, or is a full-year-enrolled student in grade 6, 7, or 8, who took a high school level statewide standardized end-of-course assessment or an industry certification examination identified in the industry certification funding list adopted in Rule 6A-6.0573, F.A.C. 2\. The middle school component shall be calculated as the percentage of eligible students who passed one (1) or more high school level statewide standardized end-of-course assessments in Algebra 1, Geometry, Biology 1, or U.S. History; or who earned a high school industry certification, identified in the Industry Certification Funding List adopted in Rule 6A-6.0573, F.A.C. 3\. For the purpose of calculating the middle school component, a student shall be included no more than once each school grades school year. (c) School Grading Components for High Schools. The high school grading component shall be calculated for schools comprised of grades 9, 10, 11, and 12 or grades 10, 11, and 12. In addition, if a school includes grades 9, 10, 11, and 12 or grades 10, 11, and 12, with other grade levels, that school shall be included for the high school grading component. In addition, schools comprised of grades 11 and 12 shall be eligible for the high school grading component. High school grades shall include the following components. 1\. Graduation Rate. (100 points) The four-year high school graduation rate of the school as measured according to 34 CFR §200.19, Other Academic Indicators, effective November 28, 2008, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01332) and referred to as the four-year adjusted cohort graduation rate. This federal regulation is incorporated by reference and may be obtained by contacting the Division of Accountability, Research, and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. 2\. College and Career Acceleration. (100 points) The percentage of students included as graduates in the graduation rate from subparagraph (4)(c)1. of this rule, who, while in high school, earned the following: a. A score making them eligible to earn college credit through College Board Advanced Placement (AP) examinations, International Baccalaureate (IB) examinations, or Advanced International Certificate of Education (AICE) examinations according to the requirements of Rule 6A-10.024, F.A.C.; b. College credit through dual enrollment courses according to the requirements of Rule 6A-14.064, F.A.C., or, beginning with the 2021-2022 calculation of school grades, through the completion of three hundred (300) or more clock hours through career dual enrollment courses according to the requirements of Rule 6A-6.0575, F.A.C.; or c. Career and Professional Education (CAPE) industry certification or a CAPE acceleration industry certification identified in the Industry Certification Funding List adopted in Rule 6A-6.0573, F.A.C.; or d. Beginning with the 2022-2023 calculation of school grades, an Armed Services Qualification Test score that falls within Category II or higher (a score of 65 or higher on a score scale of 1 to 99) on the Armed Services Vocational Aptitude Battery (ASVAB) and at least two (2) credits in Junior Reserve Officers’ Training Corps courses from the same branch of the United States Armed Forces, as identified in the “Course Code Directory and Instructional Personnel Assignments” adopted by Rule 6A-1.09441, F.A.C. 3\. For the purpose of calculating a school’s college and career acceleration component, a student shall be included no more than once. (d) Procedures for Calculating School Grades. 1\. A school letter grade of A, B, C, D, or F shall be calculated based on the percentage of possible points earned by each school for the components applicable to the school. In the calculation of a school’s grade, 100 points are available for each component with sufficient data, with one (1) point earned for each percentage of students meeting the criteria for the component. The points earned for each component shall be expressed as whole numbers by rounding the percentages. Percentages with a value of .5 or greater will be rounded up to the nearest whole number, and percentages with a value of less than .5 will be rounded down to the nearest whole number. 2\. The school’s grade is determined by summing the points earned for each component and dividing this sum by the total number of available points for all components with sufficient data. The percentage resulting from this calculation shall be expressed as a whole number using the rounding convention described in this subparagraph. 3\. Letter grades shall be assigned to schools based on the percentage of total applicable points earned as follows: a. Sixty-two (62) percent of total applicable points or higher equals a letter grade of A; b. Fifty-four (54) to sixty-one (61) percent of total applicable points equals a letter grade of B; c. Forty-one (41) to fifty-three (53) percent of total applicable points equals a letter grade of C; d. Thirty-two (32) to forty (40) percent of total applicable points equals a letter grade of D; and, e. Thirty-one (31) percent of total applicable points or less equals a letter grade of F. (5) District Grading System. The Commissioner shall assign a letter grade of A, B, C, D, or F to each school district annually as provided in Section 1008.34(5), F.S., based on the components in subsection (4) of this rule and the processes in subsections (2) and (3). In addition to the students included in the district’s schools’ grades, students who were not full-year-enrolled at a school but who were full-year-enrolled within the district shall be included in the district’s grade. (6) Withholding or Revoking a Grade. Notwithstanding paragraph (3)(a), and subsection (5) of this rule, a school or district grade shall be withheld or revoked, and designated as incomplete (I), if the data does not accurately represent the progress of the school or district. (a) The circumstances where data does not accurately represent the progress of a school or district are where: 1\. The percent of students tested at the school or district is less than ninety-five (95) percent of the school’s or district’s eligible student population, or 2\. Before, during, or following the administration of any state assessment, the validity or integrity of the test administration or results are under review and investigation based upon allegations of test administration and security violations as described in Section 1008.24, F.S. or Rule 6A-10.042, F.A.C. (b) Upon conclusion of the review and investigation, and a determination by the Department that the data accurately represent the progress of the school or district, the Department shall assign a letter grade to the school or district, based upon the provisions of this rule. (7) School District Responsibility and Review Process. (a) Each school district shall be responsible for providing to the Department accurate, complete, and timely school district data so that the Department can calculate school grades in accordance with the requirements of this rule and Section 1008.34, F.S. (b) Each school district superintendent shall designate a school accountability contact person who is responsible for verifying the data submitted to the Department for use in school grades. (c) Based upon the data provided by school districts, the Department shall create data files from which grades will be calculated and provide districts the opportunity to review these files and make corrections, updates, and provide additional matches. (d) Subsequent to the review process described in paragraph (7)(c) of this rule, the Department shall provide school districts preliminary school grades for the schools in the district. (e) Districts shall be afforded an opportunity to contest or appeal a preliminary school grade within thirty (30) days of the release of the preliminary school grade. (f) A successful grade appeal requires that the district clearly demonstrate the following: 1\. Due to the omission of student data, a data miscalculation, or a special circumstance beyond the control of the district, a different grade would be assigned to a school, or 2\. Where the percentage of students tested is less than ninety-five (95) percent at a school, and the school did not receive a grade, the student data accurately represents the progress of the school. (g) An appeal shall not be granted under the following circumstances: 1\. It was not timely received; 2\. It was not submitted by the district superintendent; 3\. It would not result in a different grade, if granted, or 4\. It relies upon data that the district had the opportunity to correct but failed to do so, under the process described in paragraph (7)(c) of this rule, or the data reporting processes as defined in Rule 6A-1.0014, F.A.C., Comprehensive Management Information Systems. (h) In order to ensure that districts have the opportunity to submit and review data upon which grades are calculated, the Department shall annually publish at http://www.fldoe.org/accountability/accountability-reporting/school-grades/index.stml, the timeframes and deadlines for these activities. Districts shall be afforded a minimum of fourteen (14) days to submit corrections as a result of the review opportunity set forth in paragraph (7)(c) of this rule. --- *Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345 FS. History–New 10-11-93, Amended 12-19-95, 3-3-97, 1-24-99, 2-2-00, 2-11-02, 12-23-03, 5-15-06, 6-19-08, 11-26-08, 11-12-09, 6-21-11, 7-16-12, 1-17-13, 5-21-13, 12-3-13, 2-9-16, 2-20-18, 7-14-21.* # State Board Rule 6A-1.099811 - Differentiated Accountability Effective August 22, 2023 This rule discusses the requirement of differentiated accountability for schools who are not performing well. [https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.099811](https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.099811) #### 6A-1.099811 School Improvement State System of Support for Deficient and Failing Schools. (1) Purpose. The purpose of this rule is to set forth the School Improvement (SI) State System of Support for Deficient and Failing Schools pursuant to Section 1008.33, F.S., by establishing differentiated intervention and support strategies for traditional public schools, delineating the responsibilities of the school, district and Department of Education (Department), setting timelines for intervention and support strategies, prescribing reporting requirements to review and monitor progress of schools, and setting forth submission and approval criteria for Turnaround Option Plans. (2) Definitions. The following definitions, listed alphabetically, shall be used in this rule and incorporated documents: (a) “Below effective” means a value-added model rating of Needs Improvement/Developing or Unsatisfactory. (b) “Classroom walkthrough” means an observation of classroom activities by SI Regional Team members, district staff and school staff to gather data and provide feedback to instructional personnel and administrators to inform instructional practices for improved student achievement. (c) “Coaching” means serving as an instructional resource in a school to generate improvement in student achievement by improving the quality of instruction through professional learning support to instructional personnel in their respective content areas, as needed, based on an analysis of student performance and observational data. (d) “Common planning time” means the time provided to grade-level instructional personnel at the elementary level and subject-area instructional personnel at the secondary level to meet together, within and across grades and subjects, for data-based decision making, problem-solving and professional learning on Florida’s state academic standards. (e) “Community Assessment Team” or “CAT” means the team that reviews the school performance, identifies causes of low performance and makes recommendations for school improvement. The CAT shall include, but not be limited to, a Department representative, parents, business representatives, educators, the Regional Executive Director or designee, representatives of local government, and community activists, and shall represent the demographics of the community from which they are appointed. (f) “Cycle of Turnaround” is the number of years a school has implemented a Turnaround Option Plan (TOP). (g) “Direct instructional support” means support provided by a district curriculum or content area specialist who visits the school frequently to provide onsite, job-embedded professional learning and support to classroom instructional personnel. (h) “District leadership team” means the team that includes the superintendent and district leadership. This may include those in charge of curriculum, general and exceptional student education, student services, human resources, professional learning, and other areas relevant to school improvement. The district-based leadership team shall develop and implement the district-managed turnaround option plan. (i) “District Strategic Plan” means a district-level plan, which includes strategies for improving school performance and increasing student achievement and demonstrates how resources are aligned to ensure schools demonstrating the greatest need receive the highest percentage of resources. (j) “Early warning system” or “EWS” is a system used in any school that serves students in kindergarten through grade eight used to identify students who need additional support to improve academic performance and stay engaged in school pursuant to Section 1001.42(18), F.S. (k) “Educational emergency” exists in a school district if one or more of the schools in the district have a school grade of “D” or “F” pursuant to Section 1001.42(21), F.S. A district with SI schools shall negotiate special provisions of its contract with the appropriate bargaining unit to free schools from contract restrictions that limit the schools ability to implement programs and strategies needed to improve student performance. (l) “Graduation rate” means the percentage of students who earned a standard diploma within four (4) years of their first full year of enrollment in ninth grade in the state as determined by subsection 6A-1.09981(4), F.A.C., School and District Accountability. (m) “Increased learning time” means lengthening the school day, week, or year; providing before school, after school, Saturday or summer school programs to allow additional time for instruction in core academic subjects; providing enrichment activities that contribute to a well-rounded education; and allowing time for teacher collaboration, planning and professional learning. (n) “Instructional coach” means a staff member with a proven record of effectiveness in a specific content area who has knowledge of adult learning to build capacity through coaching cycles in the development and modeling of effective lessons, use of instruments, analysis of assessment and anecdotal data, and providing professional learning and ongoing feedback. (o) “Instructional Review” or “IR” means the continuous process used by the SI Regional Team, in collaboration with school and district leadership teams, to review a school’s performance data trends, conduct classroom walkthroughs, assist with development of action plans and review school improvement plan(s) to address opportunities for improvement. (p) “Memorandum of Understanding” or “MOU” means an agreement with the school district and bargaining unit pursuant to Section 1001.42(21), F.S., to be negotiated that addresses the selection, placement and expectations of instructional personnel. The MOU must be provided to the Department by September 1, after the issuance of the SI school’s grade, pursuant to Section 1008.33(4)(a), F.S. (q) “Multi-Tiered System of Supports” or “MTSS” means the system utilizing the problem-solving process to identify and support student needs based upon the available data. The data used in the process may include, but is not limited to, attendance, behavior/discipline, statewide assessment and progress monitoring assessment data. (r) “Needs Assessment” means a systematic process that includes a thorough analysis of available state, district, and school-level trend data to determine priorities, address needs or gaps, and allocate resources between current conditions and desired state. (s) “Planning and Problem Solving” refers to a cycle of continuous improvement that allows stakeholder groups to engage in the formation of a strategic goal(s) and then develop implementation and monitoring plans. (t) “Progress monitoring” means the continuous review of assessments that inform educators about ongoing student progress for mastery of Florida’s grade level standards in mathematics, English Language Arts (ELA), science, and social studies. (u) “Quarterly Data Review” or “QDR” is a quarterly survey used to gather instructional personnel and student data to inform state, district, and school leaders about professional capacity and school climate as related to student achievement. (v) “Regional Executive Director” or “RED” means the person who leads the SI Regional Team to support and monitor district and school improvement efforts. (w) “School Advisory Council” or “SAC” means an advisory council for each school established by the district school board pursuant to Section 1001.452, F.S. (x) “School Improvement” or “SI” means the system set forth pursuant to Section 1008.33, F.S., in which the state provides support and interventions of escalating intensity to low-performing schools in order to improve and sustain performance of all student subgroups, and holds districts accountable for improving the academic achievement of all students and turning around low-performing schools. (y) “School Improvement Plan” or “Schoolwide Improvement Plan” or “SIP” means a fluid plan developed by school leadership and approved by the SAC and district to guide school improvement planning, problem solving and implementation processes by coordinating strategies and resources that will lead to increased student achievement. (z) “School Improvement Regional Team” means the staff assigned by the Department to provide assistance to schools and districts located in geographic regions. (aa) “School Improvement Schools” or “SI schools” means graded public schools identified for support and intervention by the Department because the schools earned a grade of “D,” a grade of “F” or produced a graduation rate of sixty-seven (67) percent or less. (bb) “Turnaround Option Plan” or “TOP” means a district-level plan to implement one of four turnaround options in a school: District-managed turnaround, Reassignment/ Closure, Charter School and External Operator/Outside Entity as described in Section 1008.33, F.S. (cc) “Value-added model” or “VAM” means the individual student learning growth models based on the statewide standardized assessments authorized in Section 1012.34(7), Florida Statutes, and further described by Rule 6A-5.0411, F.A.C. The three-year aggregated state VAM files includes instructional personnel with one to three years of state VAM data. (dd) “VAM rating” means a rating of Highly Effective, Effective, Needs Improvement or Developing and Unsatisfactory as assigned using the methodology described in Rule 6A-5.0411, F.A.C. (3) School Improvement (SI) Tiers of Support. All SI schools are in need of support and intervention from the school district and the Department and are provided this within the context of a three-tiered system. (a) A Tier 1 SI school is any school that earns a single grade of “D” or has a graduation rate of sixty-seven (67) percent or less. (b) A Tier 2 SI school is any school that earns a single grade of “F” or consecutive grades of “D” in any school year in which the school received a grade and is in the first cycle of turnaround. (c) A Tier 3 SI school is any school that has completed one or more cycles of turnaround and has not improved its grade to at least a “C.” (4) SI Notification. In order to assist school districts with support and interventions for SI schools, the Department shall: (a) Prior to the start of each school year, publish a list when school grades are released to notify school districts of any SI schools in the district; (b) Provide notice of the Tier of Support for the SI school; (c) Provide districts with Value-added Model (VAM) data on instructional personnel no later than July 31 of each year; and (d) Provide districts with student assessment, school grade, and graduation rate data annually. (5) Support Strategies for SI schools. (a) Districts with a SI school must coordinate with the Department, the Regional Executive Director (RED) or designee, and the school to identify and implement tailored support and improvement strategies designed to address low performance at the school. (b) The support and improvement strategies that must be considered by a district that has any SI school to improve student performance are to: 1\. Provide a literacy coach who has a record of effectiveness as an English Language Arts teacher or coach with a VAM rating of Highly Effective or Effective; 2\. Provide a mathematics coach who has a record of effectiveness as a mathematics teacher or coach with a VAM rating of Highly Effective or Effective; 3\. Staff the SI school so that the percentage of instructional personnel with a VAM rating that is below effective is less than the district average if the district has more than five (5) total schools and less than the state average, if the district has five (5) or fewer schools; 4\. Staff the school with a principal who has a successful record of leading a turnaround school and who have the qualifications to support the student population at the assigned SI school; 5\. Ensure the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics; 6\. Ensure that K-12 intensive reading instruction is provided by with a reading certificate, endorsement or micro-credential pursuant to s. 1011.62(8)(d)7, F.S.; 7\. Ensure the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.; 8\. Ensure remedial and supplemental instructional resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-based Reading Plan; and 9\. Implement other school improvement strategies recommended by the RED that are designed to lead to school improvement in SI schools. (c) The support and improvement strategies that must be implemented by a district that has any SI school to improve student performance are to: 1\. Dedicate at least one position at the district level to lead school improvement in the district; 2\. Utilize formative and summative assessments that are aligned to Florida’s state academic standards; 3\. Ensure that common planning time occurs at the SI school; 4\. Obtain approval from the Department to retain or replace a principal at a Tier 2 or Tier 3 school, regardless of whether or not the principal will be employed by the school district, charter or external operator/outside entity (EO); 5\. Collaborate with the Department and the SI school to develop a school improvement plan that identifies areas of focus, implements strategies and utilizes resources designed to lead to increased student achievement; 6\. Support and monitor the distribution of all grant funds to ensure schools with the greatest need receive the highest percentage of resources; and 7\. For any Tier 1, District-Managed Turnaround (DMT) and External Operator/Outside Entity (EO) schools, submit annually to the Department, a MOU required by section 1001.42(21), F.S. (6) Documentation of Planning and Implementation of Improvements. A school district with any SI school must document its improvement planning and implementation at the district level and ensure the SI school documents improvement planning and implementation at the school level. (a) SI-1 Checklist (District Form). Except where a school is implementing the turnaround option of Reassignment and Closure (RC), school districts must utilize the form entitled SI-1 Checklist for each SI school in the district to document the following: 1\. District action on improvement strategies set forth in paragraph (5)(b); 2\. District compliance with improvement strategies set forth in paragraph (5)(c); and 3\. Other actions taken by the district to improve school performance. (b) SI-2 Checklist (School Form). Except where a school is implementing the turnaround option of Reassignment and Closure (RC), school districts must ensure that SI school leadership utilizes the form entitled SI-2 Checklist to document improvement planning and implementation at the school level throughout the school year. This documentation must include the following: 1\. The development, implementation and monitoring of a School Improvement Plan (SIP); 2\. The alignment of the SIP and Turnaround Option Plan (TOP), if applicable; 3\. The completion of the SIP mid-year reflection and, as necessary, revision of the SIP; 4\. Review of VAM data and district evaluations to ensure hiring decisions comply with the requirement that Unsatisfactory or Needs Improvement instructional personnel are not staffed at a SI school as provided in paragraphs (9)(a) and (b), (11)(a) and (b), and (12)(a) and (b), and that hiring decisions are calculated to improve school performance; 5\. Review of student progress monitoring data, at least quarterly; 6\. Modifications made as a result of the IRs, including modifications to the pacing, curriculum and assessments; and 7\. Other strategies designed to improve school performance, including those identified in the TOP and any contractual agreements executed to implement the TOP. (c) Reassignment and Closure School Report. Where a school is implementing the turnaround option of Reassignment and Closure (RC), districts must complete quarterly reports that include student attendance, grades and progress monitoring data aligned to Florida’s State Academic Standards, the type of intervention and instruction provided to students to address deficiencies, as well as all instructional personnel assigned to students from the closed school and their VAM rating. (d) Principal Verification Form. In order to seek approval from the Department to retain or replace a principal at a Tier 2 or Tier 3 school, a school district must submit to the Department a Principal Verification Form. 1\. The form must provide the following information: a. The rationale for replacing the principal; b. Evidence that the proposed principal has a proven record of success and the qualifications to support the school community; c. Any operational flexibility that the proposed principal will be afforded in the turnaround school, including the authority in selecting school leadership and instructional staff; and d. Actions the district and if applicable, the charter or EO, will take regarding the school leadership if the school’s grade does not improve. 2\. The Department will notify a district of its decision on the request within five (5) business days of receipt of a completed Principal Verification Form. In order to grant the request, the Department must determine, based upon the strength and timing of the proposed principal’s experience and qualifications, the needs of the turnaround school, and the operational flexibility to be provided to the proposed principal, that the principal has the ability to lead the turnaround school. (7) Turnaround Option Plan Types. (a) Turnaround plans are two-year district improvement plans that are required for a school that earns two (2) consecutive grades of “D” or a single grade of “F.” A school district is not required to wait until a school earns a second consecutive grade of “D” to submit a Turnaround Option Plan for approval by the State Board of Education. All Turnaround Option Plans must be designed to improve a SI school’s grade to a “C” or better within two (2) school years. (b) The four (4) Turnaround Option Plan types are: 1\. District-managed Turnaround Option Plan (DMT). DMT is the option through which the school district manages the two-year Turnaround Option Plan at the school; 2\. Reassignment and Closure Turnaround Option Plan (RC). RC is the option through which the district closes the school, reassigns students to a “C” or higher graded school(s), monitors the progress of those students and provides supports tailored to address student deficiencies; 3\. Charter School Turnaround Option Plan (CH). CH is the option through which the district contracts with a charter school with a record of effectiveness to operate SI the school; and 4\. External Operator/Outside Entity Turnaround Option Plan (EO). EO is the option through which the district contracts with an outside entity that has a record of effectiveness to provide turnaround services including school leadership, educational modalities, teacher and leadership professional learning, curriculum, operation and management services, school-based administrative staffing, budgeting, scheduling, other educational service provider functions, or any combination thereof. An EO/Outside Entity includes one or a combination of the following: a. An EO/ Outside Entity, which may be a district-managed charter school or a high-performing charter school network in which all instructional personnel are not employees of the school district but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter; and b. A contractual agreement that allows for a charter school network or any of its affiliated subsidiaries to provide individualized consultancy services tailored to address the identified needs of one or more SI schools. (8) Turnaround Option Plan Steps. All Turnaround Option Plans must be completed by the district in collaboration with the Department. There are two (2) steps in the development of a Turnaround Option Plan. (a) Step one requires the district to engage stakeholders in planning for the development of the Turnaround Option Plan by: 1\. Identifying the causes for low performance with stakeholders and making recommendations for improvement at the SI school; 2\. Describing the methodology and results of a needs assessment utilizing quantitative and qualitative data; 3\. Providing a rationale for the selected turnaround option; and 4\. Agreeing to meet assurances based upon the turnaround option selected. (b) Step two requires the district to develop a Turnaround Option Plan for implementation by: 1\. Submitting the plan to the RED for review and feedback; 2\. Obtaining approval of the plan by the local school board; and 3\. Submitting the plan to the Department for State Board of Education approval. (9) District-managed Turnaround (DMT). (a) DMT-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, District-Managed Turnaround Option Plan–Step 1, TOP-1. 1\. Agree to meet the following assurances: a. Ensure the district-leadership team develops and implements the DMT and dedicates a district position to lead the turnaround efforts; b. Ensure the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics; c. Ensure progress monitoring assessments are aligned to Florida’s state academic standards and provide valid data to support intervention for students; d. Ensure the development of an annual professional learning plan that provides ongoing tiered support to increase leadership and educator quality; e. Ensure the principal will be replaced upon entry into DMT unless in collaboration with the Department, it is determined that the principal will have the skillset for turnaround success at the school; f. Ensure the principal and has a successful record in leading a turnaround school, and the qualifications to support the student population being served; g. Ensure the review of practices in hiring, recruitment, retention, and reassignment of instructional personnel have been reviewed with priority on student performance data; h. Ensure that the percentage of instructional personnel with a VAM rating that is below effective is less than the district average if the district has more than five (5) total schools. If the district has five (5) or fewer schools, ensure that the percentage of instructional personnel assigned to the school with a that is below effective, is less that the state average; i. Ensure that the instructional personnel who do not have a VAM rating and who do not show evidence of increasing student achievement are not rehired at the school; j. Ensure that the percentage of temporarily certified instructional personnel, instructional personnel in need of improvement or out-of-field instructional personnel assigned to the school is not higher than the district average; and k. Ensure that K-12 reading instruction is provided by teachers with a reading certificate, endorsement or micro-credential pursuant to s. 1011.62(8)(d)7, F.S.. 2\. Submit to the Department a Memorandum of Understanding (MOU) required by Section 1001.42(21), F.S., that relieves the school from any contract restrictions that limit the ability to implement strategies to improve the school’s low performance; 3\. Submit to the Department rosters of instructional staff at the school; and 4\. Provide information on the VAM rating of instructional staff that compares the school’s instructional personnel to the district VAM rating distributions. (b) DMT – Step Two. The district must meet and document the following requirements on the form entitled District-Managed Turnaround Option Plan–Step 2, TOP-2. 1\. Describe the methodology and results of a needs assessment utilizing quantitative and qualitative data; 2\. Describe how the results of the needs assessment are addressed by the plan; 3\. Provide a summary of the DMT plan that includes information on leadership, standards- based instruction and the culture and environment; 4. Describe how the two-year DMT plan and the annual SIP work together to improve student performance; 5\. Describe the district-leadership team and its role in implementing the DMT plan; 6\. Describe how the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics; 7\. Describe how the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.; 8\. Describe how progress monitoring assessments are aligned to Florida’s state academic standards and provide valid data to support intervention for students; 9\. Describe the district’s allocation of resources and how they align to the specific needs of the school; 10\. Describe how remedial and supplemental instruction resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-Based Reading Plan; 11\. Describe how the district recruited the principal and assistant principal and provide evidence that demonstrates they have a successful record in leading a turnaround SI school and the qualifications to support the student population being served; 12\. Describe the district’s systems that ensure the school has effective educators capable of improving student achievement, including priority in hiring, recruitment and retention incentives and professional learning and coaching support; 13\. Describe how the district fills vacancies in core content areas ensuring incentives are offered and priority in hiring is given to the school; 14\. Describe how the district recruits instructional personnel with Highly Effective or Effective VAM ratings; and 15\. Provide information demonstrating that the school meets the instructional staffing requirements set forth above in sub-subparagraph (9)(a)1.h. of this rule. (10) Reassignment/Closure (RC). (a) RC-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options: 1\. Ensure that the students from the closed school are assigned to school(s) with a grade of “C” or higher; 2\. Ensure that students from the closed school are not assigned to instructional personnel with VAM ratings or district evaluations that are below effective; 3\. Ensure that the district will monitor for three (3) school years on a quarterly basis the following: student attendance, grade and progress monitoring data, the type of intervention and instruction provided to students to address deficiencies, as well as all instructional personnel assigned to the students and their VAM rating; 4\. Ensure that for the upcoming school year, instructional personnel from the closed school with VAM ratings that are below effective are not reassigned to other SI schools within the district; 5\. Ensure that administrators from the closed school are not reassigned to other SI schools within the district for the upcoming school year; and 6\. Ensure that, for the upcoming school year, instructional personnel from the closed school who are rated below effective are not assigned to: a. A high school or middle school student who was taught by a classroom teacher with a VAM rating that is below effective for the previous school year in the same subject area. b. An elementary school student who was taught by a classroom teacher with a VAM rating that is below effective for the previous school year. (b) RC-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2, Reassignment/Closure. 1\. Describe how the district will ensure that the students from the closed school are assigned to a school with a grade of “C” or higher; 2\. Describe how the district will ensure that students from the closed school are not assigned to instructional personnel with VAM ratings or the district evaluations that are below effective; 3\. Describe how the district will ensure that intervention and instruction are provided to students to address deficiencies, and that student attendance, grade, and progress monitoring data, as well as all instructional personnel assigned to the student and their VAM rating, will be monitored for the students from the closed school for three (3) school years on a quarterly basis; 4\. Describe how the district will ensure that instructional personnel with VAM ratings that are below effective are not reassigned to other SI schools for the upcoming school year; and 5\. Describe how the district will ensure that administrators are not reassigned to other SI schools within the district for the upcoming school year. (11) Charter School (CH). (a) CH-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options. 1\. Ensure the district closes the school and reopens it as a charter or multiple charter schools; 2\. Ensure the district enters into a contract with a charter or multiple charters that have a record of turning around schools that are low-performing with students of similar demographics or a charter school with a record of high performance; 3\. Ensure that instructional personnel with VAM ratings or district evaluations that are below effective do not serve as instructional personnel at the school; and 4\. Ensure the principal or school leader has a successful record and the qualifications to support the student population being served. (b) CH-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2, Charter. 1\. Describe how the district will ensure that the school will close and reopen it as a charter or multiple charters; 2\. Describe how the district will ensure it enters into a contract with a charter organization following established district policy and procedures; 3\. Describe how the district will ensure selection of a charter organization that has a record of turning around a school serving low-performing students who have similar demographics or a charter school with a record of high performance; 4\. Describe how the district will ensure that instructional personnel with VAM ratings or district evaluations that are below effective are not staffed at the school for the upcoming school year; and 5\. Describe how the district will ensure the principal or school leader has a successful record and the qualifications to support the student population being served. (c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools as described in subsection (13) of this rule, an executed contract with the charter operator no later than May 1, prior to the implementation of the Turnaround Option Plan. (12) External Operator/Outside Entity (EO). (a) EO-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options. 1\. Ensure the district will select an EO/Outside Entity which has a record of school improvement in turning around schools that are high-poverty and low-performing with students of similar demographics; 2\. Ensure that the incoming principal and school leadership team have a successful record in leading turnaround schools and the qualifications to support the population being served; 3\. Ensure that instructional personnel with VAM ratings or district evaluations that are below effective are not staffed at the school; 4\. Ensure that if a district-managed charter school or a high-performing charter school network is established all instructional personnel are not employees of the school district, but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter; 5\. Ensure the instructional programs align to Florida’s state academic standards and provide data to support intervention for students; 6\. Ensure the development of an annual professional learning plan that provides ongoing tiered support to increase leadership and educator quality; 7\. Ensure the principal will be replaced upon entry into EO/Outside Entity unless in collaboration with the Department, it is determined that the principal will have the skillset for turnaround success at the school; 8\. Ensure the review of practices in hiring, recruitment, retention, professional learning and coaching support have been reviewed by the district and EO/Outside Entity with priority on student performance data; 9\. Ensure that K-12 reading instruction is provided by teachers with a reading certificate, endorsement, or micro-credential; 10\. Ensure the district will submit to the Department a MOU required by section 1001.42(21), F.S., that relieves the school from any contract restrictions that limit the ability to implement strategies to improve the school’s low performance; 11\. Ensure the district will submit to the Department rosters of instructional staff at the school; and 12\. Ensure that the district will enter into an annual contract with the EO/Outside Entity to provide turnaround services or to operate the school following established district policies and procedures and that the contract with an EO/Outside Entity will include: a. Performance indicators and growth metrics that the EO/Outside Entity must meet during the term of the contract showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement; b. The district’s authority to terminate or non-renew the contract for a second year should the EO/Outside Entity fail to meet the performance indicators and growth metrics or fail to meet its contractual obligations; c. Services and responsibilities for leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional learning; d. EO/Outside Entity’s record of school improvement and its role in recruitment, selection and placement of instructional personnel and the school leadership team; e. Where the district has an existing contract with the EO/Outside Entity, a detailed provision outlining the new or modified services to be provided by the EO/Outside Entity; f. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO/Outside Entity demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall; and g. The district’s authority to modify, terminate or non-renew the contract for a second year should the State Board determine that the EO/Outside Entity failed to meet the performance indicators, growth metrics or is otherwise not on track to achieve a grade of at least a “C” within two (2) years of the release of school grades. (b) EO-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2. 1\. Describe how the district selected an EO/Outside Entity that has a record of school improvement in turning around schools that are low-performing with students of similar demographics; 2\. Provide a summary of the EO/Outside Entity plan that includes information on leadership, standards-based instruction and the culture and environment; 3\. Describe how the two-year EO/Outside Entity plan and the annual SIP work together to improve student performance; 4\. Describe the district leadership team and its role in implementing the EO/Outside Entity plan; 5\. Describe how the incoming principal and school leadership team who have a successful record in leading SI schools and the qualifications to support the population being served were selected; 6\. Describe how the district will ensure that instructional personnel with VAM ratings that are below effective are not staffed at the school; 7\. Describe the process for filling vacancies in core content areas ensuring incentives are offered and priority in hiring is given to the school; 8\. Describe how instructional personnel with Highly Effective or Effective VAM ratings are recruited; 9\. Describe how the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics; 10\. Describe how the instructional and intervention programs for reading are consistent with section 1001.215(8), F.S.; 11\. Describe the district’s allocation of resources and how they align to the specific needs of the school; 12\. Describe how remedial and supplemental instruction resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-Based Reading Plan provided under Rule 6A-6.053, F.A.C.; 13\. Describe the district’s systems that ensure the school has effective educators capable of improving student achievement, including priority in hiring, recruitment and retention incentives and professional learning and coaching support; 14\. Describe how the district will ensure that if a district-managed charter school is established all instructional personnel are not employees of the school district, but are employees of an independent governing board composed of members who did not participate in the review and approval of the charter; and 15\. Describe how the district will enter into an annual contract with the EO/Outside Entity to operate the school following established district policies and procedures and describe the state of contract negotiations with an EO/Outside Entity that addresses: a. Performance indicators and growth metrics that the EO/Outside Entity must meet to demonstrate that during the term of the contract there will be quantifiable evidence of improvement showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement; b. The district’s authority to terminate or non-renew the contract for a second year should the EO/Outside Entity fail to meet the performance indicators or fail to meet its contractual obligations; c. Services and responsibilities in leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional learning; d. The EO/Outside Entity’s role in recruitment, selection and placement of instructional personnel and the school leadership team; e. Where the district has an existing contract with the EO/Outside Entity, a detailed provision outlining the new or modified services to be provided by the EO/Outside Entity; f. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO/Outside Entity demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall; and g. The district’s authority to modify, terminate or non-renew the contract for a second year should the State Board determine that the EO/Outside Entity failed to meet the performance indicators, growth metrics or is otherwise not on track to achieve a grade of at least a “C” within two (2) years of the release of school grades. (c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools, an executed performance contract with the EO/Outside Entity, prior to the implementation of the Turnaround Option Plan. (13) Timeline. The deadlines the district must meet are set forth below. (a) Tier 1 SI schools: 1\. SI-1 and SI-2 Checklist forms are due prior to the start of the school year and must be reviewed by the district at a minimum of three (3) times a year; 2\. Instructional Staff Rosters are due August 30; and 3\. MOU is due September 1. (b) Tier 2-SI schools: 1\. For DMT, CH and EO/Outside Entity schools, the SI-1 and SI-2 Checklist forms are due prior to the start of the school year and reviewed by the district at a minimum of three (3) times a year; 2\. Instructional Staff Rosters are due August 1; 3\. For DMT schools, MOU is due September 1; 4\. TOP-1 due September 1 after the school grade requiring turnaround is issued; and 5\. TOP-2 due October 1 of the same school year. (c) Tier 3 SI schools: 1\. For DMT, CH and EO/Outside Entity schools, the SI-1 and SI-2 Checklist forms must be completed with the Regional School Improvement team prior to the start of the school year and reviewed by the district at a minimum of three (3) times a year; 2\. Instructional Staff Rosters are due August 1, except for RC; 3\. For DMT schools, MOU is due September 1; 4\. TOP-1 is due November 1 of the school year prior to implementation; 5\. TOP-2 and proposed contract with an EO/Outside Entity or CH is due January 31 of the school year prior to implementation; and 6\. Executed annual contract with an EO/Outside Entity or CH due May 1, prior to the school year of implementation of the Turnaround Option Plan. (d) Principal Change Verification Form is due to the Department no later than ten (10) days prior to the proposed date of the change in leadership and prior to TOP. (e) Reassignment and Closure School Report is due to the Department quarterly for three (3) years beginning with the first year students from the closed school are reassigned. (14) State Board Approval of District Turnaround Option Plans. (a) When considering whether to approve a Turnaround Option Plan, the State Board shall consider, at a minimum, the following factors: 1\. The strength of the Turnaround Option Plan; 2\. Whether the plan is sufficiently tailored to address the causes of low performance; 3\. The prior record of the proposed school leadership team in improving low performing schools; 4\. The school district’s history of success with this school and other low performing schools in the district; and 5\. The extent to which the recommendations of the RED and the Department have been incorporated into the district’s Turnaround Option Plan. (b) Approval. The State Board shall approve a Turnaround Option Plan when a school district: 1\. Meets the requirements for Turnaround Option Plan set forth in this rule and incorporated forms; and 2\. Demonstrates that it is more likely than not that the school will improve to a grade of at least a “C” during implementation of the two year Turnaround Option Plan or where a district has selected reassignment and closure (RC), demonstrates that the intervention and instruction to be provided to students from the closed school are sufficiently tailored and robust to improve deficiencies.. (15) Revocation of an Approved Turnaround Option Plan. (a) The State Board is authorized to revoke a Turnaround Option Plan when: 1\. A district has failed to follow the terms of its approved Turnaround Option Plan or meet the requirements for such plans, as set forth in subsections (9) through (12) of this rule; and 2\. It is unlikely the school will improve to a grade of at least a “C” during the remainder of the implementation of the two-year Turnaround Option Plan. (b) Prior to revocation, the State Board shall consider, at a minimum, any curative action taken or proposed by the district and the feasibility of an amended plan to improve student performance during the remainder of the approval period. (c) A school district shall be afforded written notice at least seven (7) days before the matter will be considered by the State Board. (d) Upon revocation, a district shall be afforded no less than twenty (20) days to submit a revised Turnaround Option Plan to the State Board. (16) Exiting School Improvement. In order to exit SI, a school must meet one of the following requirements: (a) When the school is categorized as a SI school based upon its grade, the school must earn a grade of at least a “C;” or (b) When the school is categorized as a SI school solely based upon its graduation rate, the school must achieve a graduation rate that exceeds sixty-seven (67) percent. (17) Extension of a Turnaround Option Plan. (a) A district may request additional time to implement its Turnaround Option Plan if the request is approved by the local school board and the following conditions are met: 1\. The request is received by the Department on or before November 1 of the year before the extension would be implemented, and is submitted on the form entitled TOP-1, 3-Options; 2\. The request demonstrates that the school has a positive trajectory using the school grade components listed in Section 1008.34(3)(b), F.S; 3\. The request demonstrates that the SI school has no instructional personnel with VAM ratings of Unsatisfactory and that the percentage of instructional personnel with VAM ratings of Needs Improvement is at or below the district percentage where the district has more than five (5) schools, or the state percentage where the district has five (5) or fewer schools; 4\. During the remainder of the implementation of the Turnaround Option Plan, the district agrees to staff the school without any Unsatisfactory rated instructional personnel and maintain or improve the school’s percentage of Needs Improvement rated instructional personnel from the percentage reported; and 5\. The request includes a description of the services that will be implemented to ensure the sustainability of improvement in the next year and beyond. (b) The State Board of Education shall approve a district’s request for additional time to implement its Turnaround Option Plan when a school district: 1\. Meets the requirements set forth in paragraph (17)(a) of this rule; and 2\. The State Board determines that the school district has demonstrated that it is more likely than not that the school will improve to a grade of at least a “C” during an extended period of implementation of the Turnaround Option Plan. (18) Failure to comply with the requirements of this rule will subject a district to the remedies provided in Section 1008.32, F.S. (19) Forms. The following forms are hereby incorporated by reference: Form SI-1, Checklist (District Form) (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15722); Form SI-2, Checklist (School Form) (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15723); Form PCV-1, Principal Change Verification (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15724); Form TOP-1, District-managed Turnaround Plan-Step 1 (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15725); Form TOP-2, District-managed Turnaround Plan–Step 2 (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15726); Form TOP-1, Turnaround Option Plan-Step 1, 3-Options (effective October 2019) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15727); Form TOP-2, Turnaround Option Plan-Step 2, Reassignment/Closure (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15728); Form TOP-2, Turnaround Option Plan-Step 2, Charter (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15729); and Form TOP-2, Turnaround Option Plan-Step 2, External Operator/Outside Entity (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15730). All forms may be obtained by contacting the BSI, Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. # State Board Rule 6A-1.099822 - School Improvement Rating for Alternative Schools Effective February 20, 2018 This rule discusses the requirement of applying a school improvement rating for alternative schools who do not receive a traditional school grade. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.099822](https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.099822) #### 6A-1.099822 School Improvement Rating for Alternative Schools. (1) Purpose. The purpose of this rule is to provide the definitions and policies for school improvement ratings as required in Sections 1008.34 and 1008.341, F.S. (2) Definitions. For the purposes of this rule, the following definitions shall apply: (a) “Alternative schools.” For purposes of school accountability improvement ratings, an alternative school is any school that provides dropout prevention and academic intervention services pursuant to Section 1003.53, F.S. (b) “Exceptional Student Education (ESE) Center School” means exceptional student education center schools as defined in Rule 6A-1.099828, F.A.C. (c) “Learning gains” means learning gains calculated based on the provisions of Rule 6A-1.09981, F.A.C., except retake assessments for the statewide standardized end-of-course and grade 10 English Language Arts assessments shall be included in the calculation when first-time statewide standardized assessments are not available for a student. For grades 9 through 12, “first-time” designates an assessment that is administered to a student for the first time during enrollment in high school (grades 9 through 12). In addition, concordant and comparison scores as identified in Rule 6A-1.094223, F.A.C., may be used to demonstrate learning gains for students in grades 9 through 12 who scored at Achievement Levels 1 or 2 in the prior year in the same subject area. (3) School Improvement Rating Framework. (a) Prior to the calculation of school improvement ratings for alternative schools, as described in this rule, the Department of Education will annually identify alternative schools based on the information submitted by school districts. 1\. Districts will be given two (2) weeks to submit recommended additions and deletions to the Department through the Master School Identification information change process described in Rule 6A-1.0016, F.A.C. (b) Schools identified as alternative schools and ESE Center schools have the option of earning a school grade, pursuant to Section 1008.34, F.S., or a school improvement rating, as outlined in subsection (4) of this rule. Each alternative school identified as described in paragraph (3)(a) of this rule and ESE Center school identified pursuant to Rule 6A-1.099828, F.A.C., shall indicate whether it chooses to receive a school grade or a school improvement rating. Schools that do not indicate a choice will receive a school improvement rating. (c) Each alternative school or ESE Center school that does not choose to receive a school grade shall be assigned a school improvement rating of Commendable, Maintaining, or Unsatisfactory annually based on the provisions of this rule. (d) To ensure that student data accurately represent school performance, schools shall assess at least eighty (80) percent of their eligible students to qualify for a school improvement rating. If a school tests less than ninety (90) percent of its students, the school may not earn a rating higher than Maintaining. (e) Eligible students for determining the percent tested. The percent-tested calculation shall be based on the count of students who were enrolled during the third period full-time equivalent (FTE) student membership survey as specified in Rule 6A-1.0451, F.A.C., and who were also enrolled at the time of statewide standardized testing. (f) A school shall receive a rating based solely on the components for which it has sufficient data to perform the calculation. Sufficient data exists when at least ten (10) students are eligible for inclusion in the calculation of the component. If a school does not have sufficient data to calculate a measure, that measure shall not be calculated for the school. If a school does not have sufficient data to receive a rating for three (3) consecutive years, then in the third year the school will receive a rating based on the most recent three (3) years of data. (4) School Improvement Rating System. (a) The school improvement rating system shall include the following components for all alternative schools and ESE Center schools selecting to receive a school improvement rating. 1\. Learning gains in English Language Arts. The percentage of students enrolled in the second or third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and were tested, who demonstrate learning gains in English Language Arts as defined in paragraph 6A-1.09981(2)(b), F.A.C. 2\. Learning gains in Mathematics. The percentage of students enrolled in the second or third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and were tested, who demonstrate learning gains in Mathematics (on the statewide standardized Mathematics assessment for grades 3 through 8, Algebra 1, and Geometry), as defined in paragraph 6A-1.09981(2)(b), F.A.C. (b) Procedures for calculating school improvement ratings. 1\. The overall school improvement rating of Commendable, Maintaining, or Unsatisfactory as designated in Section 1008.341(2), F.S., shall be calculated based on the percentage of possible points earned by each school for the components applicable to the individual school. In the calculation of the school’s improvement rating, 100 points are available for each component with sufficient data, with one (1) point earned for each percentage of students meeting the criteria for the component. The points earned for each component shall be expressed as whole numbers by rounding the percentages. Percentages with a value of .5 or greater will be rounded up to the nearest whole number, and percentages with a value of less than .5 will be rounded down to the nearest whole number. The school’s improvement rating is determined by summing the earned points for each component and dividing this sum by the total number of available points for all components with sufficient data. The percentage resulting from this calculation shall be expressed as a whole number using the rounding convention described in this subparagraph. 2\. School improvement ratings shall be assigned to schools based on the percentage of total applicable points earned as follows: a. Fifty (50) percent of total applicable points or higher equals a rating of Commendable; b. Twenty-six (26) to forty-nine (49) percent of total applicable points equals a rating of Maintaining; and, c. Twenty-five (25) percent of total applicable points or less equals a rating of Unsatisfactory. (5) Notwithstanding paragraph (3)(c), of this rule, the provisions of subsections 6A-1.09981(6) and (7), F.A.C. shall apply to school improvement ratings except that the provisions of subparagraphs (6)(a)1. and (7)(f)2., regarding the percent of students tested at the school, is applicable when the percent of students tested at the school is less than eighty (80) percent of the school’s eligible student population. # State Board Rule 6A-1.099827 - Charter School CAPs & SIPs Effective October 17, 2017 This rule discusses the requirement of charter schools corrective action and school improvement plans. [https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.099827](https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.099827) #### 6A-1.099827 Charter School Corrective Action and School Improvement Plans. (1) Required Plans. (a) A charter school that receives a school grade of “D” or “F” pursuant to Section 1008.34(2), F.S., must develop and submit a school improvement plan to its sponsor. (b) A charter school that earns three (3) consecutive grades below a “C” must submit to its sponsor a school improvement plan that includes one of the corrective actions listed in subsection (6), of this rule. (2) Notifications. (a) Upon release of school grades the Department of Education will publish a list of charter schools that meet the criteria in subsection (1), of this rule. The list will be published at http://www.fldoe.org/schools/schools-choice/charter-schools/. Upon publication of the list by the Department of Education, a sponsor shall notify, in writing, each charter school in its district that is required to appear before the sponsor and submit a school improvement plan pursuant to subsection (1), of this rule. The notification shall include the following: 1\. The date, time, and location of the publicly noticed meeting that the director and a representative of the Charter School Governing Board shall appear before the sponsor. For the purposes of this rule the term “Director” shall mean charter school director, principal, chief executive officer or other management personnel with similar authority. The appearance shall be no earlier than thirty (30) calendar days and no later than ninety (90) calendar days after notification is received by the school, 2\. The date by which the school must submit its proposed school improvement plan to sponsor staff for review which shall be no earlier than thirty (30) calendar days after notification is received by school; and, 3\. Whether the school is required to select a corrective action pursuant to paragraph (1)(b), of this rule. (b) Notifications may be delivered electronically with proof of receipt. (3) Appearances. (a) Upon receipt of notification pursuant to subsection (2), of this rule, the director and a representative of the governing board shall appear before the sponsor at the publicly noticed meeting. (b) The director and governing board representative shall present to the sponsor a school improvement plan that includes, at a minimum, the components identified in subsection (4), of this rule. (4) School Improvement Plans. (a) A charter school that receives a school grade of “D” or “F”, but is not subject to corrective action pursuant to paragraph (1)(b), of this rule shall submit to its sponsor a school improvement plan that includes, at a minimum, the following components: 1\. Mission statement of school, 2\. Academic data for most recent three (3) years, if available, 3\. Student achievement objectives included in the charter contract or most recent sponsor approved school improvement plan, 4\. Analysis of student performance data including academic performance by each subgroup, 5\. Detailed plan for addressing each identified deficiency in student performance, including specific actions, person responsible, resources needed, and timeline, 6\. Identification of each component of school’s approved educational program that has not been implemented as described in the school’s approved charter application or charter contract, 7\. Detailed plan for addressing each identified deficiency noted in subparagraph (4)(a)6., of this rule, including specific actions, person responsible, resources needed, and timeline, 8\. Identification of other barriers to student success, with a detailed plan for addressing each barrier including specific actions, person responsible, resources needed, and timeline; and, 9\. Specific student achievement outcomes to be achieved. (b) A charter school that is subject to corrective action pursuant to paragraph (1)(b), of this rule, shall submit to its sponsor a school improvement plan that includes, at a minimum, each of the components listed in paragraph (4)(a), of this rule, and the following: 1\. Governing board resolution selecting one of the corrective action options pursuant to subsection (6), of this rule, 2\. A detailed implementation timeline; and, 3\. A charter school may submit as part of its school improvement plan a request to waive the requirement to implement a corrective action. The waiver request must include information that demonstrates that the school is likely to improve a letter grade if additional time is provided to implement the strategies included in the school improvement plan. (5) Approvals. (a) A sponsor shall approve or deny a school improvement plan submitted pursuant to subsection (4), of this rule. The sponsor shall notify the charter school in writing within ten (10) calendar days of its decision to approve or deny the school improvement plan. (b) A sponsor may deny a school improvement plan if it does not comply with subsection (4), of this rule. If denied, the sponsor shall provide the charter school, in writing, the specific reasons for denial and the timeline for resubmission. (c) A charter school or sponsor may request mediation pursuant to Section 1002.33(6), F.S., if the parties cannot agree on a school improvement plan. (6) Corrective Actions. (a) Upon meeting one of the conditions in paragraph (1)(b), of this rule, and receiving notification pursuant to subsection (2), of this rule, a charter school governing board shall select one of the following corrective actions for implementation the following school year: 1\. Contract for educational services to be provided directly to students, instructional personnel, and school administrators. The charter school may select an Education Management Organization or Academic Management Organization to provide services to charter school students, teachers, and administrators, including services such as, but not limited to, instructional coaching, curriculum review and alignment, and data literacy, 2\. Contract with an outside entity that has a demonstrated record of effectiveness to operate the school, 3\. Reorganize the school under a new director or principal who is authorized to hire new staff, 4\. Voluntarily close. (b) The selection of the corrective action shall be made by the governing board and is not subject to sponsor approval. (c) A charter school is no longer required to implement a corrective action if it improves to a “C” or higher, but must continue to implement the strategies identified in the school improvement plan. (d) A charter school implementing a corrective action that does not improve to a “C” or higher after two (2) full school years of implementation must select a different corrective action to be implemented in the next school year unless the sponsor determines that the charter school is likely to improve a letter grade if additional time is provided. (7) Monitoring. (a) Sponsors shall monitor the implementation of school improvement plans. (b) Annually, the sponsor shall notify, in writing, each charter school implementing a school improvement plan of the requirement to appear before the sponsor to present information regarding the progress of the approved school improvement plan. The notification shall include the date, time, and location of the publicly noticed meeting at which the director and a representative of the charter school shall appear. (8) Waivers of Termination. (a) The State Board of Education may waive termination for a charter school that has received two (2) consecutive grades of “F” if the charter school demonstrates that the learning gains of its students on statewide assessments are comparable to or better than the learning gains of similarly situated students enrolled in nearby district public schools. The waiver is valid for one (1) year and may only be granted once. (b) No later than fifteen (15) days after the Department’s official release of school grades, the governing board of a charter school that has received two (2) consecutive grades of “F” may submit a request to the State Board of Education for a waiver of termination. Charter schools that have been in operation for more than five (5) years are not eligible for a waiver. (c) The charter school shall submit ten (10) hard copies of the waiver request to the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, Tallahassee, Florida 32399-0400. (d) The charter school shall certify that it has provided the district school board a copy of the waiver request as provided herein by filing a certificate of service with the Agency Clerk stating the person and address to which the copy was provided and the date of mailing or other transmittal. (e) The waiver request shall not exceed five (5) pages. Information provided beyond the five (5) page maximum will not be discussed nor considered by the State Board of Education. The waiver request shall be on 8 1/2 x 11 inch paper, double spaced, except quoted material and footnotes. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one (1) inch at the top, bottom, left and right. (f) The waiver request must include the name of the school, the Master School Identification Number, and the physical address of the school. The waiver request must be signed by the chair of the charter school governing board and include a certification that the governing board voted at a duly noticed public meeting to support the submission of the waiver request. (g) In determining whether to grant a waiver the State Board of Education shall review student achievement data provided by the Department of Education and shall provide such data to the charter school and the sponsor no later than seven (7) calendar days prior to the State Board meeting at which the waiver request is to be considered. Analysis of student learning gains data must be based on comparisons between students enrolled in the charter school and similarly situated students enrolled in nearby district public schools and may include such factors as prior performance on state assessments, disability status, and English language learner status. Nearby district public schools shall include the three (3) geographically closest district public schools with similarly situated students. If three such schools do not exist within the school district the comparison may include less than three. (h) The State Board of Education shall approve or deny the request. (i) The filing of a timely waiver request under this rule that complies with the requirements in paragraphs (8)(b), (d) and (f), of this rule, shall automatically stay any pending termination of the charter school requesting the waiver until such time as the State Board of Education has ruled on the waiver request. # State Board Rule 6A-6.03411 – Definitions, ESE Policies, Procedures, Administrators Effective December 23, 2014 This rule lays out definitions and requirements regarding ESE procedures for students with disabilities. [https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.03411](https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.03411) #### 6A-6.03411 Definitions, ESE Policies and Procedures, and ESE Administrators. (1) Definitions. As used in Rules 6A-6.03011-.0361, F.A.C., regarding the education of exceptional students, the following definitions apply: (a) Accommodations. Accommodations are changes that are made in how the student accesses information and demonstrates performance. (b) Assistive technology device. Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability. The term does not include a medical device that is surgically implanted, or the replacement of that device. (c) Assistive technology service. Assistive technology service means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: 1\. The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student’s customary environment; 2\. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities; 3\. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; 4\. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; 5\. Training or technical assistance for a student with a disability or, if appropriate, that student’s family; and, 6\. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that student. (d) Behavioral intervention plan (BIP). Behavioral intervention plan means a plan for a student which uses positive behavior interventions, supports and other strategies to address challenging behaviors and enables the student to learn socially appropriate and responsible behavior in school and/or educational settings. (e) Charter school. Charter school means a school that is a public school created under Florida’s charter school law, Section 1002.33, F.S. (f) Child/student with a disability. 1\. Student with a disability means a student, including a child aged three (3) through five (5), who has been evaluated in accordance with Rules 6A-6.03011 through 6A-6.0361, F.A.C., and determined to have a disability as defined under Rules 6A-6.03011-.03027, F.A.C., but does not include students who are gifted as defined under Rules 6A-6.03019-6.030191, F.A.C.; and, 2\. Who, by reason thereof, needs special education and related services. If it is determined, through an appropriate evaluation, that a student has a disability but only needs a related service and not special education, the student is not a student with a disability under Rules 6A-6.03011-.0361, F.A.C. If, however, the related service required by the student is considered special education rather than a related service under Rules 6A-6.03011-.0361, F.A.C., the student would be a student with a disability under this subsection. (g) Consent. Consent means that: 1\. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; 2\. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and, 3\. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). (h) Day; business day; school day. Day means calendar day unless otherwise indicated as business day or school day. Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day). School day means any day, including a partial day, that students are in attendance at school for instructional purposes. School day has the same meaning for all students in school, including students with and without disabilities. (i) Early intervention. Early intervention means developmental services that are designed to meet the developmental needs of an infant or toddler with a disability in any one (1) or more of the following areas: 1\. Physical development; 2\. Cognitive development; 3\. Communication development; 4\. Social or emotional development; or 5\. Adaptive development. (j) Educational plan (EP). EP is a plan that is developed for students identified solely as gifted and is developed pursuant to Rule 6A-6.030191, F.A.C. (k) Elementary school. Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education as determined under Florida law. (l) Evaluation. Evaluation means procedures used in accordance with Rules 6A-6.03011-.0361, F.A.C., to determine whether a student has a disability or is gifted and the nature and extent of the ESE that the student needs. (m) Exceptional student. Exceptional student means any student who has been determined eligible for a special program in accordance with these rules. The term includes students who are gifted and students with disabilities as defined in these rules. (n) Exceptional student education (ESE). ESE means specially designed instruction and related services that are provided to meet the unique needs of exceptional students who meet the eligibility criteria described in Rules 6A-6.03011-.0361, F.A.C. (o) Extended school year services. Extended school year services means special education and related services that are provided to a student with a disability beyond the normal school year of the school district; in accordance with the student's IEP; at no cost to the parents of the student; and meet the standards of the Florida Department of Education. (p) Free appropriate public education (FAPE). FAPE means special education or specially designed instruction and related services for students ages three (3) through twenty-one (21) and for students who are gifted and in kindergarten through grade twelve that: 1\. Are provided at public expense, under public supervision and direction, and without charge to the parent; 2\. Meet the standards of the Florida Department of Education, including the requirements of Rules 6A-6.03011-.0361, F.A.C.; 3\. Include an appropriate preschool, elementary school, or secondary school education in the State; and, 4\. Are provided in conformity with an individual educational plan (IEP) that meets the requirements of Rule 6A-6.03028, F.A.C., an educational plan (EP) for students who are gifted that meet the requirements of Rule 6A-6.030191, F.A.C., or an individual family support plan (IFSP) (if used as an IEP) for children ages three (3) through (5) in accordance with Rule 6A-6.03029, F.A.C. (q) Functional behavioral assessment (FBA). A FBA is a systematic process for defining a student’s specific behavior and determining the reason why (function or purpose) the behavior is occurring. The FBA process includes examination of the contextual variables (antecedents and consequences) of the behavior, environmental components, and other information related to the behavior. The purpose of conducting an FBA is to determine whether a behavioral intervention plan should be developed. (r) General curriculum. The general curriculum is a curriculum or course of study that is available to all students and is based upon state educational standards that address the state and school district requirements for a standard diploma. (s) Homeless student or youth. Homeless student or youth means an individual who lacks a fixed, regular, and adequate nighttime residence and includes: 1\. Students and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement; 2\. Students and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; 3\. Students and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and, 4\. Migratory students who qualify as homeless for the purposes of Rules 6A-6.03011-.0361, F.A.C., because they are living in circumstances described in paragraphs (a) through (c) of this subsection. (t) Include/including. Include or including means that the items named are not all of the possible items that are covered, whether like or unlike the ones named. (u) Individual educational plan (IEP). IEP means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with Rules 6A-6.03011-.0361, F.A.C. (v) Individual educational plan (IEP) team. IEP team means a group of individuals as described in Rules 6A-6.03011-.0361, F.A.C., that is responsible for developing, reviewing, or revising an IEP for a student with a disability. (w) Individualized family support plan (IFSP). IFSP is a written plan identifying the specific concerns and priorities of a family related to enhancing their child’s development and the resources to provide early intervention services to an infant or toddler with a disability. (x) Infant or toddler with a disability. Infant or toddler with a disability means a child under three (3) years of age who needs early intervention services because the child is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. (y) Limited English proficient. Limited English proficient, when used in reference to an individual, means an individual who was not born in the United States and whose native language is a language other than English; an individual who comes from a home environment where a language other than English is spoken in the home; or an individual who is an American Indian or Alaskan native and who comes from an environment where a language other than English has had a significant impact on his or her level of English language proficiency; and who, by reason thereof, has sufficient difficulty speaking, reading, writing, or listening to the English language that would deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English. (z) Modifications. Modifications are changes in what a student is expected to learn and may include changes to content, requirements, and expected level of mastery. (aa) Native language. Native language, when used with respect to an individual who is limited English proficient, means the language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student, and in all direct contact with a student (including evaluation of the student), the language normally used by the student in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication). (bb) Parent. 1\. Parent means: a. A biological or adoptive parent of a student; b. A foster parent; c. A guardian generally authorized to act as the student’s parent, or authorized to make educational decisions for the student (but not the state if the student is a ward of the State); d. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the student lives, or an individual who is legally responsible for the student’s welfare; or e. A surrogate parent who has been appointed in accordance with Rules 6A-6.03011-.0361, F.A.C. 2\. The biological or adoptive parent, when attempting to act as the parent under this section and when more than one (1) party is qualified under paragraph (a) of this subsection to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the student. However, if a judicial decree or order identifies a specific person or persons under sub-subparagraphs (bb)1.a. through 1.d. of this subsection to act as the “parent” of a student or to make educational decisions on behalf of a student, then such person or persons shall be determined to be the “parent” for purposes of this subsection. (cc) Personally identifiable. Personally identifiable means information that contains: 1\. The name of the student, the student’s parent, or other family member; 2\. The address of the student; 3\. A personal identifier, such as the student’s social security number or student number; or 4\. A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty. (dd) Related services. 1\. General. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a student with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in students, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training. 2\. Exception; services that apply to students with surgically implanted devices, including cochlear implants. Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device. However, nothing in this section limits the right of a student with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this subsection) that are determined by the IEP Team to be necessary for the student to receive FAPE; limits the responsibility of a school district to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including breathing, nutrition, or operation of other bodily functions, while the student is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically-implanted device to make sure it is functioning properly. 3\. Individual related services terms defined. The terms used in this definition are defined as follows: a. Audiology includes identification of students with hearing loss; determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; creation and administration of programs for prevention of hearing loss; counseling and guidance of students, parents, and teachers regarding hearing loss; and determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. b. Counseling services means services provided by qualified social workers, psychologists, certified school counselors, or other qualified personnel. c. Early identification and assessment of disabilities in students means the implementation of a formal plan for identifying a disability as early as possible in a student's life. d. Interpreting services include the following, when used with respect to students who are deaf or hard of hearing: Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, such as communication access real-time translation (CART), C-Print, and TypeWell; and special interpreting services for students who are deaf-blind. e. Medical services means services provided by a licensed physician to determine a student's medically related disability that results in the student’s need for special education and related services. f. Occupational therapy means services provided by a licensed occupational therapist or a licensed occupational therapy assistant pursuant to the provisions of Chapter 468, F.S., that include improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function. g. Orientation and mobility services means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community and includes teaching students the following, as appropriate: (I) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); (II) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; (III) To understand and use remaining vision and distance low vision aids; and, (IV) Other concepts, techniques, and tools. h. Parent counseling and training means assisting parents in understanding the special needs of their student; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their student’s IEP or IFSP. i. Physical therapy means services provided by a qualified physical therapist. Physical therapy must be provided in accordance with Chapter 486, F.S. j. Psychological services includes administering psychological and educational tests, and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about student behavior and conditions relating to learning; consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; planning and managing a program of psychological services, including psychological counseling for students and parents; and assisting in developing positive behavioral intervention strategies. k. Recreation includes assessment of leisure function; therapeutic recreation services; recreation programs in schools and community agencies; and leisure education. l. Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. m. School health services and school nurse services means health services that are designed to enable a student with a disability to receive FAPE as described in the student’s IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person. n. Social work services in schools includes preparing a social or developmental history on a student with a disability; group and individual counseling with the student and family; working in partnership with parents and others on those problems in a student’s living situation (home, school and community) that affect the student’s adjustment in school; mobilizing school and community resources to enable the student to learn as effectively as possible in his or her educational program; and assisting in developing positive behavioral intervention strategies. o. Speech-language pathology services includes identification of students with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, students, and teachers regarding speech and language impairments. p. Transportation includes travel to and from school and between schools; travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts and ramps), if required to provide special transportation for a student with a disability. (ee) School district/local education agency. As used in Rules 6A-6.03011-.0361, F.A.C., school district means a public board of education or other public authority legally constituted within the State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of the State, or for a combination of school districts or counties as are recognized in the State as an administrative agency for its public elementary schools or secondary schools. The term also includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. (ff) Scientifically based research. Scientifically based research means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs, and includes research that: 1\. Employs systematic, empirical methods that draw on observation or experiment; 2\. Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; 3\. Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; 4\. Is evaluated using experimental or quasi-experimental designs; 5\. Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication; and, 6\. Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (gg) Secondary school. Secondary school means a nonprofit institutional day or residential school, including a public charter school that provides secondary education, as determined under Florida law, except that it does not include any education beyond grade twelve (12). (hh) Services plan. Services plan means a written statement that has been developed and implemented in accordance with Rule 6A-6.030281, F.A.C., describes the special education and related services that a school district will provide to a parentally-placed student with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary. (ii) Secretary. Secretary means the U.S. Secretary of Education. (jj) Specially designed instruction. Specially designed instruction means adapting, as appropriate to the needs of an eligible exceptional student, the content, methodology, or delivery of instruction to address the unique needs of the student that result from the student’s disability or giftedness and to ensure access of the student to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the school district that apply to all students. (kk) Special education for students with disabilities. 1\. Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including: a. Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and, b. Instruction in physical education. 2\. Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a) of this subsection: a. Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards; b. Travel training; and, c. Career and technical education. 3\. Individual special education terms defined. The terms in this definition are defined as follows: a. At no cost means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program. b. Physical education means the development of physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports). The term also includes special physical education, adapted physical education, movement education, and motor development. c. Travel training means providing instruction, as appropriate, to students with significant cognitive disabilities, and any other students with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community). d. Career and technical education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree. (ll) State educational agency (SEA). SEA means the Florida Department of Education. (mm) Supplementary aids and services. Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, or other education-related settings, and in extracurricular and nonacademic settings, to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate in accordance with Rules 6A-6.03011-.0361, F.A.C. (nn) Transition services. Transition services means a coordinated set of activities for a student with a disability that: 1\. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student’s movement from school to post school activities, including postsecondary education, career and technical education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; and, 2\. Is based on the individual student’s needs, taking into account the student’s strengths, preferences and interests; and, 3\. Includes: a. Instruction; b. Related services; c. Community experiences; d. The development of employment and other post-school adult living objectives; and, e. If appropriate, acquisition of daily living skills and the provision of a functional vocational evaluation; and, 4\. Transition services for students with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a student with a disability to benefit from special education. (oo) Ward of the State. Ward of the State means a student who is a foster child, a ward of the State or in the custody of a public child welfare agency. However, ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in this rule. (2) ESE Policies and Procedures Document. For a school district to be eligible to receive state or federal funding for special education and related services for exceptional students, it shall: develop a written statement of policies and procedures for providing appropriate ESE in accordance with and as required by Rules 6A-6.03011-.0361, F.A.C., and as required by Section 1003.57(1)(b), F.S.; submit its written statement to the Bureau of Exceptional Education and Student Services, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400; and report the total number of exceptional students in the manner prescribed by the Department. Applicable state statutes, State Board of Education rules, and federal laws and regulations relating to the provision of ESE to exceptional students shall serve as criteria for the review and approval of the procedures documents. This procedures document is intended to provide district and school-based personnel, parents of exceptional students, and other interested persons information regarding the implementation of the State’s and school district’s policies regarding ESE programs. The procedures document shall be submitted in accordance with timelines required by the Department. (3) ESE Administrator. (a) Each school district shall designate a staff member to serve as administrator of exceptional student education who shall be responsible for the following: 1\. Coordinating all school district services for exceptional students; 2\. Ensuring that parents have been appropriately informed of their student’s eligibility determination and their procedural safeguards in accordance with Rules 6A-6.03011-.0361, F.A.C. 3\. Informing, in writing, all appropriate school personnel, including the principal, of the student’s eligibility for special education and related services; and, 4\. Ensuring the implementation of services to exceptional students. (b) The ESE Administrator is authorized to delegate the responsibilities of this rule. # State Board Rule 6A-6.20020 - Charter School Capital Outlay Effective September 21, 2021 This rule discusses how charter schools receive Capital Outlay funding. [https://www.flrules.org/gateway/RuleNo.asp?title=EDUCATIONAL%20FACILITIES&ID=6A-2.0020](https://www.flrules.org/gateway/RuleNo.asp?title=EDUCATIONAL%20FACILITIES&ID=6A-2.0020) #### 6A-2.0020 Eligibility for Charter School Capital Outlay. The following provisions are established for the determination of eligibility of charter schools pursuant to Section 1013.62, F.S. Except as expressly provided herein, proof of eligibility requirements must be provided to the Department by July 1 of the fiscal year for which the charter school seeks funding. The continuation of funding is dependent upon maintaining eligibility requirements during the fiscal year. (1) A charter school may be considered a part of an expanded feeder chain under Section 1013.62, F.S., if it either sends or receives at a majority of its students directly to or from a charter school that is currently receiving capital outlay funding in the same fiscal year for which the charter school seeks funding. A charter school must submit an application by the deadline in paragraph (7)(a) of this rule. The Department shall determine eligibility by applying the feeder chain criteria in Section 1013.62(1)(a)1.c., F.S., to the fiscal year’s data from the October full-time equivalent (FTE) student enrollment survey conducted pursuant to Section 1011.62(1)(a), F.S., in the same fiscal year for which the charter school seeks funding. The Department shall calculate the funding amount associated with a school for which enrollment projections are estimated to meet the feeder chain eligibility criteria and shall distribute funds generated by the formula in Section 1013.62, F.S., upon proof of an expanded feeder chain from the October FTE student enrollment survey data. (2) Pursuant to Section 1013.62(1)(a)1.d., F.S., charter schools that have been accredited by a regional accrediting association as defined by Rule 6A-4.003, F.A.C., may be eligible for charter school capital outlay. Proof of accreditation by a regional accrediting association must be delivered to the Department by the deadline established in paragraph (7)(a), for the fiscal year for which the charter school seeks funding to meet the eligibility requirement in Section 1013.62(1)(a)1.d., F.S. The continuation of funding is dependent upon maintaining accreditation during the current fiscal year. A charter school anticipating accreditation during a fiscal year shall include documentation of application for accreditation. The Department shall estimate the funding amount associated with a charter school anticipating accreditation during the fiscal year and distribute funds generated by the formula in Section 1013.62, F.S., upon proof of final accreditation, if proof of accreditation for the school year is received by the Department by December 1 of the fiscal year for which the charter school seeks funding. If the Department does not receive proof of a charter school’s official accreditation by December 1, the charter school shall be determined ineligible for that fiscal year. (3) A charter school must have been in operation for two (2) or more full school years by July 1 of the fiscal year for which the charter school seeks funding to meet the eligibility requirement in Section 1013.62(1)(a)1.a., F.S. (4) Satisfactory student achievement under Section 1013.62(1)(a)3., F.S., shall be determined by the school’s most recent grade designation or school improvement rating from the state accountability system as defined in Sections 1008.34 and 1008.341, F.S. Satisfactory student achievement for a school that does not receive a school grade or a school improvement rating, including a school that has not been in operation for at least one school year, shall be based on the student performance metrics in the charter school’s charter agreement. Allocations shall not be distributed until such time as school grade designations are known. (a) A charter school that receives a grade designation of “F” or two (2) consecutive grades lower than a “C” shall not be eligible for capital outlay funding. (b) A charter school that receives a school improvement rating of “Unsatisfactory” shall not be eligible for capital outlay funding. (5) Eligibility for the additional school weight for free or reduced price lunch and the additional school weight for students with disabilities under Section 1013.62(1)(c)1., F.S., shall be determined by the students’ status as reported in the fiscal year’s October FTE student enrollment survey for the fiscal year in which funding is sought. The number of students eligible for free or reduced lunch for a school that provides free breakfast and lunch to all students under the Community Eligibility Provision of the Healthy, Hunger-Free Kids Act of 2010 shall be calculated by applying the multiplier authorized in Section 11(a)(1)(F)(vii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) to the number of students reported to the Department as eligible for free meals based upon the Direct Certification determination. For schools that do not participate under the Community Eligibility Provision of the Healthy, Hunger-Free Kids Act of 2010, the number of students eligible for free or reduced price lunch shall be the number of students reported to the Department as eligible. (6) A charter school whose most recent available audit, pursuant to Section 218.39, F.S., reveals any of the financial emergency conditions provided in Section 218.503(1), F.S., is not eligible to receive charter school capital outlay. (a) Upon notification pursuant to Section 1002.345, F.S., that a charter school’s audit reveals one or more of the financial emergency conditions in Section 218.503(1), F.S., the Department shall immediately discontinue distributions of charter school capital outlay funding for the school. (b) A charter school shall remain ineligible to receive charter school capital outlay until the school produces an annual financial audit conducted pursuant to Section 218.39, F.S., which does not reveal any of the financial emergency conditions in Section 218.503(1), F.S., at which time capital outlay funding shall be calculated in an amount proportionate to the number of months remaining in the fiscal year. (7) Pursuant to Section 1013.62(5), F.S., the procedures for submitting and approving an application for funding and the procedures for documenting expenditures, are as follows: (a) Charter schools must submit an application using form IEPC-CO1, Charter School Capital Outlay Application, effective September 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13498), which is hereby incorporated by reference in the rule, which may be accessed through https://www.floridaschoolchoice.org/login/login\_charter\_school.asp. The application may be obtained by contacting the Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400. The Department will accept hard copy versions of the application. Hard copies should be sent to 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399. Applications are due by July 1 of the fiscal year for which funding is sought. The Department may extend the deadline for all applications by posting the extended deadline on its website. The charter school shall include the purpose for which the funds will be expended. The Department shall review the application, determine eligibility, and direct the allocation and distribution of such funds in accordance with that determination. (b) The Sponsor shall forward state appropriated capital outlay funds pursuant to the provisions of Section 1002.33(17)(e), F.S., to any charter school that is determined to be eligible by the Department under this rule. The Sponsor shall distribute discretionary millage authorized in Section 1011.71(2), F.S., according to the provisions in Section 1013.62, F.S. The charter school shall include all revenues and expenditures pursuant to Section 1013.62, F.S., in its monthly or quarterly financial statements pursuant to Section 1002.33(9)(g), F.S., and shall maintain all documentation of such expenditures and provide such documentation to the Sponsor upon request as necessary to monitor compliance with applicable law governing the proper use of such funds. (c) If overpayments occur, the Department of Education will take any or all of the following actions: require a charter school to return the overpaid amount; adjust a school’s allocations in future years; or seek to collect the overpayment in any manner authorized by law. --- Rulemaking Authority 1001.02, 1013.62 FS. Law Implemented 1013.62 FS. History–New 12-15-09, Amended 8-13-17, 8-21-18, 9-21-21 # Other Important Administrative Rules # Administration Commission Rule 28-109 – Conducting Proceedings by Communications Media Technology Effective January 15, 2007 Lays out the rules regarding holding meetings electronically and the requirements therein. Florida Statute 1002.33 indicates that “members of the governing board may attend in person or by means of communications media technology used in accordance with rules adopted by the Administration Commission”. [https://www.flrules.org/gateway/ChapterHome.asp?Chapter=28-109](https://www.flrules.org/gateway/ChapterHome.asp?Chapter=28-109) #### 28-109 CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY ##### 28-109.001 Purpose. This chapter provides the procedures to be followed when an agency desires to conduct a proceeding by means of communications media technology (CMT) or to provide public access to a proceeding by the use of CMT. ##### 28-109.002 Definitions as Used in this Rule Chapter. (1) “Access point” means a designated place where a person interested in attending a communications media technology proceeding may go for the purpose of attending the proceeding. (2) “Attend” means having access to the communications media technology network being used to conduct a proceeding, or being used to take evidence, testimony, or argument relative to issues being considered at a proceeding. (3) “Communications media technology” (CMT) means the electronic transmission of printed matter, audio, full-motion video, freeze frame video, compressed video, and digital video by any method available. ##### 28-109.003 Application and Construction. (1) The agency may conduct a proceeding by using CMT and may provide CMT access to a proceeding for purposes of taking evidence, testimony, or argument. (2) A proceeding is not a CMT proceeding merely because it is broadcast over a communications network. ##### 28-109.004 Government in the Sunshine. (1) Nothing in this chapter shall be construed to permit the agency to conduct any proceeding otherwise subject to the provisions of Section 286.011, F.S., exclusively by means of CMT without making provision for the attendance of any member of the public who desires to attend. (2) No proceeding otherwise subject to Section 286.011, F.S., shall be conducted exclusively by means of CMT if the available technology is insufficient to permit all interested persons to attend. If during the course of a CMT proceeding technical problems develop with the communications network that prevent interested persons from attending, the agency shall terminate the proceeding until the problems have been corrected. ##### 28-109.005 Notice. When the agency chooses to conduct a CMT proceeding, it shall provide notice in the same manner as required for a non-CMT proceeding, and shall plainly state that such proceeding is to be conducted utilizing CMT and identify the specific type of CMT to be used. The notice shall describe how interested persons may attend and shall include: (1) The address or addresses of all access points, specifically designating those which are in locations normally open to the public. (2) The address of each access point where an interested person may go for the purpose of attending the proceeding. (3) An address, e-mail address, and telephone number where an interested person may write or call for additional information. (4) An address, e-mail address, and designated person to whom a person may submit written or other physical evidence which he or she intends to offer into evidence during the CMT proceedings. ##### 28-109.006 Evidence, Testimony, and Argument. (1) Any evidence, testimony, and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person, and shall be subject to the same objections. (2) In situations where sworn testimony is required by the agency, persons offering such testimony shall be responsible for making appropriate arrangements for offering sworn testimony.