The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Pre-K -12
BILL: SPB 7002
INTRODUCER: For consideration by the Education Pre-K -12 Committee
SUBJECT: Deregulation of Public Schools/School District Finance and Budgets, Facilities, and
Administration and Oversight
DATE: November 13, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick/Jahnke/
Bouck Pre-meeting
Sabitsch
I. Summary:
SPB 7002 builds on the deregulation of public schools provisions in House Bill 1 (Ch. 2023-16,
Laws of Fla.) and removes unnecessary and burdensome regulations on school districts to
advance efficient administrative processes, enhance facilities management, and simplify
financial requirements.
The bill advances efficiency for school board administrative processes. Specifically, the bill:
Simplifies school board rulemaking and policy development procedures to follow a single
process that focuses on open meetings with public input.
Authorizes electronic notifications to parents and required advertisements regarding school
board meetings to be posted on the district school board website.
Provides flexibility for school districts to decide whether to make up days lost because of a
bona fide emergency.
Revises the requirements allowing students to carry essential medical supplies at school with
simpler prescription and parent approval processes.
Removes the obligation for school boards to provide surplus property for charter schools on
the same basis as other public schools.
Removes requirements for school boards to provide:
o Parents with an economic security report.
o An annual report on district guidance services.
The bill simplifies financial requirements for school boards. The bill:
Provides flexibility for school boards to use federal funds.
Specifies that school districts identified in State Board of Education rule as having a financial
concern would be subject to monthly reporting. All others would be subject to less frequent
reporting.
Provides that charter schools are to receive and respond to monitoring questions from the
Department of Education regarding the charter school’s cost report.
BILL: SPB 7002 Page 2
To enhance the ability of school boards to plan for and manage their facilities, the bill:
Supports flexible funding for all facets of the educational environment, from classrooms to
transportation hubs by expanding the use of anticipated revenues to payments for auxiliary
facilities and ancillary plants.
Provides autonomy for school boards to plan for facilities in accordance with local long-term
needs instead of state-specified assessments over 5-year, 10-year, and 20-year periods.
Removes the requirement for each district school board to conduct an educational plant
survey.
Clarifies and expands construction flexibility under the state requirements for educational
facilities.
The bill also removes from statute:
Cost per student station limitations on projects funded with state funds or discretionary
millage.
The caps on the amount from the discretionary levy that school boards may use for school
board vehicles and property insurance.
The bill takes effect July 1, 2024.
II. Present Situation:
The present situation for the relevant portions of the bill is discussed under the Effect of
Proposed Changes of this bill analysis.
III. Effect of Proposed Changes:
Education Administration and Oversight
Present Situation
State-Level Regulation
The State Board of Education (SBE) is the chief implementing and coordinating body of public
education in Florida except for the State University System, and it is required to focus on high-
level policy decisions.1 The SBE has authority to adopt rules pursuant to the Administrative
Procedures Act (APA)2 to implement its statutory duties to improve the state system of Early
Learning-20 public education except for the State University System. The SBE is authorized to
delegate its general powers to the Commissioner of Education (commissioner) or the directors of
the divisions of the Department of Education (DOE).3
The APA provides uniform procedures for the exercise of specified government authority.4 An
agency is required to comply with the APA rulemaking procedures when developing rules.5
1
Section 1001.02(1), F.S. The Florida Constitution provides that the state board of education is a body corporate and have
such supervision of the system of free public education as is provided by law. FL. CONST. art. 9, s. 2.
2
Chapter 120, F.S.
3
Section 1001.02(1), F.S.
4
Section 120.515, F.S.
5
Section 120.54(1)(a), F.S.
BILL: SPB 7002 Page 3
A “rule” under the APA is defined as each agency statement of general applicability that
implements, interprets, or prescribes law or policy or describes the procedure or practice
requirements of an agency and includes any form which imposes any requirement or solicits any
information not specifically required by statute or by an existing rule. The term also includes the
amendment or repeal of a rule.6
The SBE is required to adopt cohesive rules pursuant to the APA, within statutory authority.7 An
agency may adopt only rules that implement or interpret the specific powers and duties granted
by the enabling statute. No agency is authorized to adopt a rule only because it is reasonably
related to the purpose of the enabling legislation.8 An invalid exercise of delegated legislative
authority means action that goes beyond the powers, functions, and duties delegated by the
Legislature.9
The DOE is the administrative and supervisory agency under the implementation direction of the
SBE.10 The commissioner is appointed by the SBE and serves as the executive director of the
DOE.11 The DOE assists in providing professional leadership and guidance and in carrying out
the policies, procedures, and duties authorized by law or by the SBE.12
District School Board Policymaking
District school boards derive from the Florida Constitution the authority to operate, control and
supervise all free public schools within the school district and determine the rate of school
district taxes.13 Rulemaking requirements under the APA only apply to district school boards
when acting pursuant to powers other than those derived from the State Constitution.14 Policy
developed pursuant to constitutional authority is subject to review by a judicial tribunal, such as
the local circuit court.15
The Legislature also identifies the general powers of district school boards. These include, for
example, the power to:16
Determine policies and programs consistent with state law and rule deemed necessary by it
for the efficient operation and general improvement of the district school system.
Adopt rules pursuant to the APA to implement the provisions of law conferring duties upon it
to supplement those prescribed by the SBE and the commissioner.
Prescribe and adopt standards and policies to provide each student the opportunity to receive
a complete education program, including language arts, mathematics, science, social studies,
6
Section 120.52(16), F.S.
7
Section 1001.02(2)(n), F.S.
8
Section 120.52(8), F.S.
9
Section 120.52(8), F.S.
10
Section 1001.20(1), F.S.
11
Section 20.15(2), F.S.
12
Section 1001.20(2), F.S.
13
FLA. CONST. art. IX, s. 4(b).
14
See s. 120.52(1)(a) and (6), F.S. See also Escambia Cnty. Sch. Bd. v. Warren, 337 So. 3d 496, 500-502 (Fla. 1st DCA
2022) (Tanenbaum, J., concurring).
15
See Escambia Cnty. Sch. Bd. v. Warren, 337 So. 3d 496, 500-502 (Fla. 1st DCA 2022) (Tanenbaum, J., concurring).
16
Section 1001.41, F.S.
BILL: SPB 7002 Page 4
health, physical education, foreign languages, and the arts, as defined by the state academic
standards.
When promulgating rules under the APA, district school boards are required to notify the
public:17
By publication in a newspaper in the affected area or on a publicly accessible website;
By mail to all persons who have made requests for advance notice of its proceedings and to
organizations representing persons affected by the proposed rule; and
By posting in appropriate places so that those particular classes of persons to whom the
intended action is directed may be duly notified.
The APA also provides a process for any substantially affected person to seek a declaratory
statement regarding an agency's opinion as to the applicability of a statutory provision, or of any
rule or order of the agency, as it applies to the petitioner's particular set of circumstances.18 The
petition seeking a declaratory statement must state with particularity the petitioner's set of
circumstances and specify the statutory provision, rule, or order that the petitioner believes may
apply to the set of circumstances.19
The agency is required to give notice of the filing of each petition in the next available issue of
the Florida Administrative Register and transmit copies of each petition to the Administrative
Procedures Committee.20 The agency must issue a declaratory statement or deny the petition
within 90 days after the filing of the petition and notice the statement in the next available issue
of the Florida Administrative Register. Agency disposition of petitions are final agency action.21
Charter schools are not required to follow rulemaking procedures prescribed by the APA.22
General Powers of District School Superintendent
Each school district must have a superintendent of schools who is elected at a general election
for a term of four years; or, when provided by resolution of the district school board, or by
special law, approved by vote of the electors, is employed by the district school board.23 The
district school superintendent has the authority, and when necessary for the more efficient and
adequate operation of the district school system, the responsibility, to:24
Oversee the district school system.
Advise and counsel with the district school board on all educational matters.
Recommend to the district school board for adoption such policies pertaining to the district
school system as are necessary for its more efficient operation.
17
Section 120.81(1)(d), F.S.
18
Section 120.565(1), F.S.
19
Section 120.565(2), F.S.
20
Section 120.565(3), F.S. The term “Administrative Procedures Committee” means a committee designated by joint rule of
the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. Section
1.01(16), F.S.
21
Section 120.565(3), F.S.
22
Section 1002.33(16), F.S.
23
FLA. CONST. art. 9, s. 5.
24
Section 1001.49, F.S.
BILL: SPB 7002 Page 5
Submit to the district school board for adoption rules to contribute to the efficient operation
of any aspect of education in the district.
Submit to the district school board for adoption minimum standards relating to the operation
of any phase of the district school system.
Perform duties and exercise responsibilities as are assigned to the district school
superintendent by law and by rules of the State Board of Education.
Included among the specific powers of the superintendent is the duty to recommend to the
district school board for adoption such policies pertaining to the district school system as are
necessary for its more efficient operation.25
Student Online Personal Information Protection Act
Schools and district school boards typically use hundreds of companies to provide services every
school year. Edtech companies perform widely varying tasks for schools and districts, such as
data storage, educational games, learning management systems, attendance tracking, and many
other school functions.26 The privacy protections that each company must implement can vary
based on the type and sensitivity of student data they hold and how it is collected, used, or
shared.27 Contracting individually with each service provider to ensure this protection is often
extremely difficult for both district school boards and companies.28
The Student Online Personal Information Protection Act29 resolves this problem by substantially
restricting the operator of a website, online service, or online application that is used for K-12
school purposes from collecting, disclosing, or selling student data, or from using student data to
engage in targeted advertising.30 Any violation of the Act is a deceptive and unfair trade practice
and constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act, part II of
chapter 501. The Department of Legal Affairs is the sole entity authorized to bring an
enforcement action against an entity that violates the Act.31
An SBE rule requires that 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 a student’s personally identifiable information contained
therein.32 Any agreement that provides for the disclosure or use of student’s personally
25
Section 1001.49(3), F.S.
26
Student Privacy Compass, The First National Model Student Data Privacy Agreement Launches,
https://studentprivacycompass.org/the-first-national-model-student-data-privacy-agreement-launches/ (last visited Nov. 10,
2023).
27
Student Privacy Compass, The First National Model Student Data Privacy Agreement Launches,
https://studentprivacycompass.org/the-first-national-model-student-data-privacy-agreement-launches/ (last visited Nov. 10,
2023).
28
Student Privacy Compass, The First National Model Student Data Privacy Agreement Launches,
https://studentprivacycompass.org/the-first-national-model-student-data-privacy-agreement-launches/ (last visited Nov. 10,
2023).
29
Section 1006.1494, F.S.
30
Section 1006.1494, F.S.
31
Section 1006.1494(7), F.S.
32
Rule 6A-1.09550(4)(a), F.A.C.
BILL: SPB 7002 Page 6
identifiable information must require vendors to ensure compliance with the Student Online
Personal Information Protection Act.33
District Guidance Report
Each district school board is required to annually submit a district guidance report to the
commissioner by June 30.34 The guidance report must include:35
Examination of student access to certified school counselors.
Degree to which a district has adopted or implemented a guidance model program.
Evaluation of the information and training available to certified school counselors and career
specialists to advise students on areas of critical need, labor market trends, and technical
training requirements.
Progress toward incorporation of best practices for advisement as identified by the
department.
Consideration of alternative guidance systems or ideas, including, but not limited to, a
teacher-advisor model, mentoring, partnerships with the business community, web-based
delivery, and parental involvement.
A guidance plan for the district.
This report is no longer necessary as district school boards provide this information in their
annual Mental Health Assistance Allocation Plan and the Mental Health Assistance Allocation
Outcomes and Expenditures Report.36
Reflective Tape
District school boards are required to post high-visibility reflective signage on the rear of each
school bus in which a school bus infraction detection system is installed and operational.37 The
signage must be in the form of one or more signs or stickers and must contain, in the same form:
The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED
LIGHTS FLASH.”
The words “CAMERA ENFORCED.”
A graphic depiction of a camera.
Effect of Proposed Changes
State-Level Regulation
The bill modifies s. 1001.02, F.S., to clar