reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part III - Planning and Construction of Educational Facilities (Ss. 1013.30-1013.54) › Subpart C - Contracting for EducationalFacilities › 1013.46 - Advertising and awarding contracts; prequalification of contractor.

1013.46 Advertising and awarding contracts; prequalification of contractor.—
(1)(a) As soon as practicable after any bond issue has been voted upon and authorized or funds have been made available for the construction, remodeling, renovation, demolition, or otherwise for the improvement, of any educational or ancillary plant, and after plans for the work have been approved, the board, if competitively bidding the project pursuant to s. 1013.45, after advertising the same in the manner prescribed by law or rule, shall award the contract for the building or improvements to the lowest responsible bidder. However, if after taking all deductive alternates, the bid of the lowest responsible bidder exceeds the construction budget for the project established at the phase III submittal, the board may declare an emergency. After stating the reasons why an emergency exists, the board may negotiate the construction contract or modify the contract, including the specifications, with the lowest responsible bidder and, if the contract is modified, shall resubmit the documents to the authorized review authority for review to confirm that the project remains in compliance with building and fire codes. The board may reject all bids received and may readvertise, calling for new bids.
(b) Each board may declare an emergency pursuant to this subsection. A situation created by fire, storm, or other providential cause resulting in:
1. Imminent danger to life or safety; or
2. Overcrowding of students
constitutes an emergency.
(c) As an option, any county, municipality, or board may set aside up to 10 percent of the total amount of funds allocated for the purpose of entering into construction capital project contracts with minority business enterprises, as defined in s. 287.094. Such contracts shall be competitively bid only among minority business enterprises. The set-aside shall be used to redress present effects of past discriminatory practices and shall be subject to periodic reassessment to account for changing needs and circumstances.
(2) Boards shall prequalify bidders for construction contracts. Boards shall require that all construction or capital improvement bids be accompanied by evidence that the bidder holds an appropriate certificate or license or that the prime contractor has a current valid license.
History.—s. 846, ch. 2002-387; s. 179, ch. 2007-217.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part III - Planning and Construction of Educational Facilities (Ss. 1013.30-1013.54) › Subpart C - Contracting for EducationalFacilities › 1013.47 - Substance of contract; contractors to give bond; penalties.

1013.47 Substance of contract; contractors to give bond; penalties.—Each board shall develop contracts consistent with this chapter and statutes governing public facilities. Such a contract must contain the drawings and specifications of the work to be done and the material to be furnished, the time limit in which the construction is to be completed, the time and method by which payments are to be made upon the contract, and the penalty to be paid by the contractor for a failure to comply with the terms of the contract. The board may require the contractor to pay a penalty for any failure to comply with the terms of the contract and may provide an incentive for early completion. Upon accepting a satisfactory bid, the board shall enter into a contract with the party or parties whose bid has been accepted. The contractor shall furnish the board with a performance and payment bond as set forth in s. 255.05. A board or other public entity may not require a contractor to secure a surety bond under s. 255.05 from a specific agent or bonding company. A person, firm, or corporation that constructs any part of any educational plant, or addition thereto, on the basis of any unapproved plans or in violation of any plans approved in accordance with the provisions of this chapter and rules of the State Board of Education or regulations of the Board of Governors relating to building standards or specifications is subject to forfeiture of the surety bond and unpaid compensation in an amount sufficient to reimburse the board for any costs that will need to be incurred in making any changes necessary to assure that all requirements are met and is also guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for each separate violation.
History.—s. 847, ch. 2002-387; s. 180, ch. 2007-217; s. 33, ch. 2010-78; s. 102, ch. 2014-39.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part III - Planning and Construction of Educational Facilities (Ss. 1013.30-1013.54) › Subpart C - Contracting for EducationalFacilities › 1013.48 - Changes in construction requirements after award of contract.

1013.48 Changes in construction requirements after award of contract.—The board may, at its option and by written policy duly adopted and entered in its official minutes, authorize the superintendent or president or other designated individual to approve change orders in the name of the board for preestablished amounts. Approvals shall be for the purpose of expediting the work in progress and shall be reported to the board and entered in its official minutes. For accountability, the school district shall monitor and report the impact of change orders on its district educational facilities plan pursuant to s. 1013.35.
History.—s. 27, ch. 2002-296; s. 848, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part III - Planning and Construction of Educational Facilities (Ss. 1013.30-1013.54) › Subpart C - Contracting for EducationalFacilities › 1013.50 - Final payment to contractor.

1013.50 Final payment to contractor.—
(1) The final payment to the contractor shall not be made until the construction project has been inspected by the architect or other person designated by the board for that purpose and until he or she has issued a written certificate that the project has been constructed in accordance with the approved plans and specifications and approved change orders and until the board, acting on these recommendations, has accepted the project. After acceptance by the board, a duplicate copy of this written certificate, duly certified as having been accepted by the board, as well as other related data on contract costs and total costs per student station, space inventory update, and other related building information must be filed with the department for budget and cost reporting purposes.
(2) Boards shall have full authority and responsibility for all decisions regarding educational and ancillary plant construction contracts, change orders, and payments.
History.—s. 850, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part III - Planning and Construction of Educational Facilities (Ss. 1013.30-1013.54) › Subpart D - Cooperative Development ofEducational Facilities › 1013.53 - Cooperative development of educational facilities in juvenile justice programs.

1013.53 Cooperative development of educational facilities in juvenile justice programs.—
(1) The Department of Juvenile Justice shall provide early notice to school districts regarding the siting of new juvenile justice detention facilities. School districts shall include the projected number of students in the districts’ annual estimates. School districts must be consulted regarding the types of students expected to be assigned to detention facilities for education planning and budgeting purposes.
(2) The Department of Juvenile Justice shall notify, in writing, the Department of Education when a request for proposals is issued for the construction or operation of a detention facility anywhere in this state. The Department of Juvenile Justice shall notify, in writing, the appropriate school district when a request for proposals is issued for the construction or operation of a detention facility when a county or site is specifically identified.
(3) The Department of Juvenile Justice shall also notify the district school superintendent within 30 days after:
(a) The award of a contract for the construction or operation of a detention facility within that school district.
(b) Obtaining a permit to begin construction of a new detention facility within that school district.
History.—s. 854, ch. 2002-387; s. 4, ch. 2023-59.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.60 - Legislative capital outlay budget request.

1013.60 Legislative capital outlay budget request.—
(1) The Commissioner of Education shall develop a procedure deemed appropriate in arriving at the amounts required to fund projects as reflected in the integrated, comprehensive budget request required by this section. The official estimates for funds accruing to the Public Education Capital Outlay and Debt Service Trust Fund made by the Revenue Estimating Conference shall be used in determining the budget request pursuant to this section. The commissioner, in consultation with the appropriations committees of the Legislature, shall provide annually an estimate of funds that shall be utilized by Florida College System institutions and universities in developing their required 3-year priority lists pursuant to s. 1013.64.
(2) The commissioner shall submit to the Governor and to the Legislature an integrated, comprehensive budget request for educational facilities construction and fixed capital outlay needs for school districts, Florida College System institutions, and universities, pursuant to the provisions of s. 1013.64 and applicable provisions of chapter 216. Each Florida College System institution board of trustees and each university board of trustees shall submit to the commissioner a 3-year plan and data required in the development of the annual capital outlay budget. The information that is approved by the Board of Governors must be submitted to the Commissioner of Education for inclusion in the comprehensive budget request for educational facilities. No further disbursements shall be made from the Public Education Capital Outlay and Debt Service Trust Fund to a board of trustees that fails to timely submit the required data until such board of trustees submits the data.
(3) The commissioner shall submit an integrated, comprehensive budget request to the Executive Office of the Governor and to the Legislature each fiscal year by the submission date specified in s. 216.023(1). Notwithstanding the provisions of s. 216.043, the integrated, comprehensive budget request shall include:
(a) Recommendations for the priority of expenditure of funds in the state system of public education, with reasons for the recommended priorities, and other recommendations which relate to the effectiveness of the educational facilities construction program.
(b) All items in s. 1013.64.
History.—s. 857, ch. 2002-387; s. 182, ch. 2007-217; s. 218, ch. 2011-5.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.61 - Annual capital outlay budget.

1013.61 Annual capital outlay budget.—Each board shall, each year, adopt a capital outlay budget for the ensuing year in order that the capital outlay needs of the board for the entire year may be well understood by the public. This capital outlay budget shall be a part of the annual budget and shall be based upon and in harmony with the board’s capital outlay plan. This budget shall designate the proposed capital outlay expenditures by project for the year from all fund sources. The board may not expend any funds on any project not included in the budget, as amended. Each district school board must prepare its tentative district educational facilities plan as required by s. 1013.35 before adopting the capital outlay budget.
History.—s. 16, ch. 2002-296; s. 858, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.66 - Financing of approved capital projects.

1013.66 Financing of approved capital projects.—
(1) Capital projects are to be financed in accordance with s. 9(a)(2), Art. XII of the State Constitution, as amended, or from other legally available state funds or grants, donations, or matching funds, or by a combination of such funds.
(2) The sum designated annually by the Legislature is the maximum sum to be expended from funds accruing under s. 9(a)(2), Art. XII of the State Constitution, as amended, and from funds accruing under s. 1013.65(2). However, funds appropriated from this source and remaining unexpended from previously authorized capital projects, along with grants, donations, and matching funds from other sources, may be added to such maximum sums for any item or category.
(3) No transfers between appropriations shall be made without prior approval under the provisions of chapter 216.
(4) To the extent that appropriations authority for entitlements from previous years was used for advanced funding, that authority is hereby restored to the projects for which appropriations were made by the Legislature in those previous years.
History.—s. 863, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.67 - Commissioner to provide for encumbrances of funds.

1013.67 Commissioner to provide for encumbrances of funds.—The Commissioner of Education shall provide for timely encumbrances of funds for duly authorized projects. Encumbrances may include proceeds to be received under a resolution approved by the State Board of Education authorizing the issuance of 1997 school capital outlay bonds pursuant to s. 11(d), Art. VII of the State Constitution, s. 1013.70, and other applicable law.
History.—s. 864, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.69 - Full bonding required to participate in programs.

1013.69 Full bonding required to participate in programs.—Any district with unused bonding capacity in its Capital Outlay and Debt Service Trust Fund allocation that certifies in its district educational facilities plan that it will not be able to meet all of its need for new student stations within existing revenues must fully bond its Capital Outlay and Debt Service Trust Fund allocation before it may participate in Classrooms First.
History.—s. 21, ch. 2002-296; s. 866, ch. 2002-387; s. 65, ch. 2013-35.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.70 - The 1997 School Capital Outlay Bond Program.

1013.70 The 1997 School Capital Outlay Bond Program.—There is hereby established the 1997 School Capital Outlay Bond Program.
(1) The issuance of revenue bonds payable from the first lottery revenues transferred to the Educational Enhancement Trust Fund each fiscal year, as provided by s. 24.121(2), is authorized to finance or refinance the construction, acquisition, reconstruction, or renovation of educational facilities. Such bonds shall be issued pursuant to and in compliance with the provisions of s. 11(d), Art. VII of the State Constitution, the provisions of the State Bond Act, ss. 215.57-215.83, as amended, and the provisions of this section. The state does hereby covenant with the holders of such revenue bonds that it will not take any action which will materially and adversely affect the rights of such holders so long as bonds authorized by this section are outstanding. The state does hereby additionally authorize the establishment of a covenant in connection with the bonds which provides that any additional funds received by the state from new or enhanced lottery programs, video gaming, or other similar activities will first be available for payments relating to bonds pledging revenues available pursuant to s. 24.121(2), prior to use for any other purpose.
(2) The bonds shall be issued by the Division of Bond Finance of the State Board of Administration on behalf of the Department of Education in such amount as shall be requested by resolution of the State Board of Education. However, debt service and other amounts payable with respect to the bonds issued pursuant to this section shall not exceed $35 million in any state fiscal year.
(3) Proceeds available from bond sales shall be deposited in the Educational Enhancement Trust Fund within the Department of Education.
(4) The facilities to be financed with the proceeds of such bonds are designated as state fixed capital outlay projects for purposes of s. 11(d), Art. VII of the State Constitution, and the specific facilities to be financed shall be determined by the Department of Education in accordance with state law and appropriations from the Educational Enhancement Trust Fund. Each educational facility to be financed with the proceeds of the bonds issued pursuant to this section is hereby approved as required by s. 11(f), Art. VII of the State Constitution.
(5) Bonds issued pursuant to this section shall be validated in the manner provided by chapter 75. The complaint for such validation shall be filed in the circuit court of the county where the seat of state government is situated, the notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in which the action is pending.
History.—s. 867, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.71 - Lottery Capital Outlay and Debt Service Trust Fund.

1013.71 Lottery Capital Outlay and Debt Service Trust Fund.—
(1)(a) The Lottery Capital Outlay and Debt Service Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from legislative appropriations and interest earnings. The purpose of the trust fund is to maintain and account for lottery funds appropriated for fixed capital outlay and debt service separately from lottery funds appropriated for current operations.
(b) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.
(2) Lottery funds appropriated for fixed capital outlay and debt service, along with any interest earned thereon, shall be transferred from the Educational Enhancement Trust Fund to the Lottery Capital Outlay and Debt Service Trust Fund.
(3) Pursuant to the provisions of s. 19(f)(3), Art. III of the State Constitution, the trust fund is not subject to termination under s. 19(f)(2), Art. III of the State Constitution.
History.—s. 868, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.735 - Classrooms for Kids Program.

1013.735 Classrooms for Kids Program.—
(1) ALLOCATION.—The department shall allocate funds appropriated for the Classrooms for Kids Program. It is the intent of the Legislature that this program be administered as nearly as practicable in the same manner as the capital outlay program authorized under s. 9(a), Art. XII of the State Constitution. Each district school board’s share of the annual appropriation for the Classrooms for Kids Program must be calculated according to the following formula:
(a) Twenty-five percent of the appropriation shall be prorated to the districts based on each district’s percentage of K-12 base capital outlay full-time equivalent membership, and 65 percent shall be based on each district’s percentage of K-12 growth capital outlay full-time equivalent membership as specified for the allocation of funds from the Public Education Capital Outlay and Debt Service Trust Fund by s. 1013.64(3).
(b) Ten percent of the appropriation must be allocated among district school boards according to the allocation formula in s. 1013.64(1)(a), excluding adult and career education facilities.
(2) DISTRICT PARTICIPATION.—In order to participate in the Classrooms for Kids Program, a district school board shall:
(a) Enter into an interlocal agreement pursuant to s. 1013.33.
(b) Certify that the district’s inventory of facilities listed in the Florida Inventory of School Houses is accurate and up-to-date pursuant to s. 1013.31.
(3) USE OF FUNDS.—In order to increase capacity to reduce class size, a district school board shall expend the funds received pursuant to this section only to:
(a) Construct, renovate, remodel, or repair educational facilities that are in excess of projects identified in the district’s 5-year work program adopted prior to March 15, 2003; or
(b) Purchase or lease-purchase relocatable facilities that are in excess of relocatables identified in the district’s 5-year work program adopted prior to March 15, 2003.
History.—s. 4, ch. 2003-391; s. 4, ch. 2004-42; s. 186, ch. 2020-2.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.738 - High Growth District Capital Outlay Assistance Grant Program.

1013.738 High Growth District Capital Outlay Assistance Grant Program.—
(1) Subject to funds provided in the General Appropriations Act, the High Growth District Capital Outlay Assistance Grant Program is hereby established. Funds provided pursuant to this section may only be used for the purposes identified in s. 1011.71(2).
(2) In order to qualify for a grant, a school district must meet the following criteria:
(a) The district must have levied the maximum mills of nonvoted discretionary capital outlay millage authorized in s. 1011.71(2) for each of the prior 5 fiscal years.
(b) The district must receive revenue from a current voted school capital outlay sales surtax or a portion of the local government infrastructure surtax as authorized in s. 212.055.
(c) The revenue derived from the nonvoted discretionary capital outlay millage, when divided by the district’s capital outlay FTE students, produces a value that is less than the statewide average maximum potential funds per capital outlay FTE student for the most recent fiscal year.
(d) The district must have equaled or exceeded the greater of 1 percent average growth or twice the statewide average of growth in capital outlay FTE students over the prior 5-year period.
(e) The total capital outlay FTE students of the district is greater than 24,000 students.
(3) The funds provided in the General Appropriations Act shall be allocated pursuant to the following methodology:
(a) For each eligible district, the Department of Education shall sum the calculated revenue from the maximum potential nonvoted discretionary capital outlay millage and the revenue received from the voted sales surtax as provided in paragraph (2)(b) and divide that sum by the number of capital outlay FTE students for the same period.
(b) The Department of Education shall determine, for each eligible district, the amount that must be added to the funds per capital outlay FTE calculated pursuant to paragraph (a) to produce the statewide average value per capital outlay FTE for the revenues identified pursuant to paragraph (a).
(c) The value calculated for each eligible district pursuant to paragraph (b) shall be the maximum amount of a grant that may be awarded to a district pursuant to this section.
(d) In the event the funds provided are insufficient to fully fund the maximum grants calculated pursuant to this section, the Department of Education shall allocate the funds based on each district’s prorated share of the total maximum award amount calculated for all eligible districts.
History.—s. 37, ch. 2005-290; s. 5, ch. 2007-60; s. 66, ch. 2013-35; s. 122, ch. 2015-2; s. 5, ch. 2017-116.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.76 - Multiyear capital improvement contracts.

1013.76 Multiyear capital improvement contracts.—Any provision of chapters 1010 and 1011 to the contrary notwithstanding, school districts are authorized to award capital improvement contracts involving expenditures to be incurred for a period of more than 1 year on the basis of voter-authorized and unissued general obligation bonding authority, provided that sufficient funds are available to, and budgeted by, the school district to pay actual disbursements during any fiscal year.
History.—s. 873, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.78 - Approval required for certain university-related facility acquisitions.

1013.78 Approval required for certain university-related facility acquisitions.—
(1) No university or university direct-support organization shall construct, accept, or purchase facilities for which the state will be asked for operating funds unless there has been prior approval for construction or acquisition granted by the Legislature.
(2) Legislative approval shall not be required for renovations, remodeling, replacement of existing facilities, or construction of minor projects as defined in s. 1013.64, except to the extent required pursuant to s. 1010.62.
History.—s. 874, ch. 2002-387; s. 186, ch. 2007-217.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.81 - Florida College System institution indebtedness; bonds and tax anticipation certificates; payment.

1013.81 Florida College System institution indebtedness; bonds and tax anticipation certificates; payment.—
(1) The indebtedness incurred for the benefit of Florida College System institutions and represented by bonds or motor vehicle tax anticipation certificates issued from time to time by the State Board of Education, hereinafter called “state board,” pursuant to s. 18, Art. XII of the State Constitution of 1885 on behalf of the several former county boards of public instruction shall not be considered by the state board in determining the amount of bonds or motor vehicle tax anticipation certificates which the state board may issue from time to time on behalf of the several school districts under the provisions of s. 9(d), Art. XII of the State Constitution, as amended at the general election held on November 7, 1972, hereinafter called “school capital outlay amendment.” Such indebtedness incurred on behalf of Florida College System institutions, as described above, shall be considered by the state board in determining the amount of bonds or motor vehicle tax anticipation certificates which the state board may issue from time to time on behalf of the several Florida College System institution districts under the provisions of the school capital outlay amendment.
(2) The debt service requirements on the indebtedness incurred for the benefit of Florida College System institutions and represented by bonds or motor vehicle tax anticipation certificates issued from time to time by the state board on behalf of the several former county boards of public instruction, as described in subsection (1), shall be paid from funds distributable pursuant to the school capital outlay amendment to the credit of the several Florida College System institution districts, and not from funds distributable pursuant to the school capital outlay amendment to the credit of the several school districts.
(3) Nothing herein shall be construed to authorize the state board to affect adversely or impair the contractual rights created and vested by reason of the prior issuance of bonds or motor vehicle tax anticipation certificates by the state board.
History.—s. 876, ch. 2002-387; s. 221, ch. 2011-5.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1013 - Educational Facilities › Part IV - Funding for Educational Facilities (Ss. 1013.60-1013.841) › 1013.82 - Contracts of institutions for supplies, utility services, and building construction exempt from operation of county or municipal ordinance or charter.

1013.82 Contracts of institutions for supplies, utility services, and building construction exempt from operation of county or municipal ordinance or charter.—
(1) University boards of trustees are authorized to contract for supplies, utility services, and building construction without regulation or restriction by municipal or county charter or ordinance. Contractual arrangements shall be in the best interests of the state and shall give consideration to rates, adequacy of service, and the dependability of the contractor.
(2) Any municipal or county charter, ordinance, or regulation that serves to restrict or prohibit the intent of subsection (1) shall be inoperative.
History.—s. 877, ch. 2002-387.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1014 - Parents' Bill of Rights › 1014.01 - Short Title.

1014.01 Short title.—This section and ss. 1014.02-1014.06 may be cited as the “Parents’ Bill of Rights.”
History.—s. 2, ch. 2021-199.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1014 - Parents' Bill of Rights › 1014.02 - Legislative Findings and Definition.

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.
History.—s. 3, ch. 2021-199.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1014 - Parents' Bill of Rights › 1014.03 - Infringement of Parental Rights.

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.
History.—s. 4, ch. 2021-199.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1014 - Parents' Bill of Rights › 1014.06 - Parental Consent for Health Care Services.

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.
History.—s. 7, ch. 2021-199.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1015 - Teachers' Bill of Rights › 1015.01 - Short Title.

1015.01 Short title.—This section and ss. 1015.02-1015.06 may be cited as the “Teachers’ Bill of Rights.”
History.—s. 11, ch. 2023-38.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1015 - Teachers' Bill of Rights › 1015.02 - Legislative Findings.

1015.02 Legislative findings.—The Legislature finds that education is critically important in the development of children in this state. The Legislature additionally recognizes the supreme importance of having high-quality teachers in the classroom. Further, the Legislature finds it is necessary to establish a clear set of rights for teachers regarding their profession and classrooms.
History.—s. 12, ch. 2023-38.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1015 - Teachers' Bill of Rights › 1015.03 - Rights of Employment.

1015.03 Rights of employment.—
(1) Pursuant to s. 447.301 and s. 6., Art. I of the State Constitution, the right of public employees, including teachers, to work may not be denied or abridged on account of membership or nonmembership in any labor union.
(2)(a) A teacher, except in cases of excessive force or cruel and unusual punishment, may not be held civilly or criminally liable for actions carried out in conformity with State Board of Education rules. Pursuant to s. 1012.75, a teacher shall have access to liability coverage, subject to the General Appropriations Act, through the educator liability insurance program.
(b) Pursuant to s. 1012.26, a teacher may receive a reimbursement of reasonable expenses for legal services from his or her school district if the teacher is charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities.
(3) All students and public K-20 educational institution employees, including teachers, have the right to be free from discrimination in public K-20 educational institutions.
(4) Pursuant to s. 1012.56, teachers must be provided multiple pathways to earn an educator certificate.
History.—s. 13, ch. 2023-38.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1015 - Teachers' Bill of Rights › 1015.04 - Right to Continuing Education.

1015.04 Right to continuing education.—
(1) Teachers are guaranteed a coordinated system of professional development with the goals of increasing student achievement, enhancing classroom instruction, and preparing students for continuing their education or joining the workforce. Pursuant to s. 1012.98, the Department of Education, public postsecondary educational institutions, public school districts, public schools, state education foundations, consortia, and professional organizations must work collaboratively to provide a coordinated system of professional development.
(2) Pursuant to s. 1009.26(10), teachers employed by a school district may receive a waiver for tuition and fees for up to 6 credit hours per term at a state university or Florida College System institution.
History.—s. 14, ch. 2023-38.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1015 - Teachers' Bill of Rights › 1015.05 - Right to Control the Classroom.

1015.05 Right to control the classroom.—
(1) In accordance with state board rules and general law, a teacher has the authority to control and discipline students in his or her classroom and in other places in which the teacher is assigned to be in charge of students. Pursuant to s. 1003.32 and in order to provide an orderly and safe learning environment for students, a teacher may:
(a) Establish classroom rules of conduct.
(b) Establish and implement consequences, which are designed to change behavior, for infractions of classroom rules of conduct.
(c) Have disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students removed from the classroom for behavior management intervention.
(d) Have violent, abusive, uncontrollable, or disruptive students directed to appropriate school or district school board personnel for information and assistance.
(e) Assist in enforcing school rules on school property, during school-sponsored transportation, and during school-sponsored activities.
(f) Request and receive information relating to the disposition of any referrals to administration for a violation of classroom rules of conduct or school rules.
(g) Request and receive immediate assistance in classroom management if a student becomes uncontrollable or in the case of an emergency.
(h) Request and receive training and other assistance to improve his or her skills in classroom management, violence prevention, conflict resolution, and related areas.
(i) Press charges if there is a reason to believe that a crime has been committed on school property, during school-sponsored transportation, or during school-sponsored activities.
(j) Use reasonable force, according to standards adopted by the State Board of Education, to protect himself or herself or others from injury.
(2) For purposes of this section, in cases in which a teacher faces litigation or professional practices sanctions for an action taken pursuant to subsection (1), there is a rebuttable presumption that a teacher was taking necessary action to restore or maintain the safety or educational atmosphere of his or her classroom.
History.—s. 15, ch. 2023-38.
2023 Florida Statutes › Title XLIX - Parents' Bill of Rights; Teachers' Bill of Rights › Chapter 1015 - Teachers' Bill of Rights › 1015.06 - Right to Direct Classroom Instruction.

1015.06 Right to direct classroom instruction.—
(1)(a) In accordance with general law and State Board of Education rules, a teacher has the right to direct his or her classroom instruction. If a teacher is directed by his or her school district or school to violate general law or state board rules, he or she may request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years’ experience in administrative law. The special magistrate shall determine facts relating to the dispute over the school district procedure or practice, consider information provided by the teacher and the school district, and render a recommended decision for resolution to the state board within 30 days after receipt of the request by the teacher.
(b) The state board must approve or reject the special magistrate’s recommended decision at its next scheduled board meeting. The costs of the special magistrate must be borne by the school district.
(c) If the school district is found in violation of general law or state board rules, the state board may withhold the salary of the superintendent until the violation is corrected.
(2) Pursuant to s. 1008.25, a teacher has the right to receive student assessment data in a timely manner in order to assist in instruction.
History.—s. 16, ch. 2023-38.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-1 - Enactment of Code

(a)
The statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company pursuant to a contract entered into on June 19, 1978, is enacted and shall have the effect of statutes enacted by the General Assembly of Georgia. The statutory portion and numbering and arrangement of such codification, along with supplementary content determined to be useful to users, shall be published by the state and when so published shall be known and may be cited as the "Official Code of Georgia Annotated."
(b)
The following matter contained in the Official Code of Georgia Annotated, including all supplements and revised volumes thereof, shall be considered enacted by the General Assembly:
(1)
Statutory text; and
(2)
Arrangement and numbering system, including, but not limited to, title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations.
(c)
The following matter contained in the Official Code of Georgia Annotated, including all supplements and revised volumes thereof, shall not be considered enacted by the General Assembly, shall bear no additional weight or effect, and shall not be construed to have the imprimatur of the General Assembly by virtue of such inclusion in the Official Code of Georgia Annotated:
(1)
Case annotations;
(2)
Research references, including, but not limited to:
(A)
Law reviews;
(B)
Collateral references to secondary sources;
(C)
Opinions of the Georgia Attorney General;
(D)
Advisory opinions of the State Bar; and
(E)
Cross-references;
(3)
Captions;
(4)
Catchlines;
(5)
Headings;
(6)
Title and chapter analyses;
(7)
History lines;
(8)
Repeal lines;
(9)
Editorial notes;
(10)
Amendment notes;
(11)
Code Commission notes;
(12)
Effective date notes;
(13)
Tables;
(14)
User's Guide;
(15)
General Index;
(16)
Volume indices;
(17)
Indices related to local and special laws;
(18)
Conversion tables;
(19)
Rules and regulations of state agencies, departments, boards, commissions, or other entities;
(20)
Material in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section which has been added by the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section; and
(21)
Any other matter published in the Official Code of Georgia Annotated which is not included in subsection (b) of this Code section.
Amended by 2021 Ga. Laws 306,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-2 - Legislative intent

The enactment of this Code is intended as a recodification, revision, modernization, and reenactment of the general laws of the State of Georgia which are currently of force and is intended, where possible, to resolve conflicts which exist in the law and to repeal those laws which are obsolete as a result of the passage of time or other causes, which have been declared unconstitutional or invalid, or which have been superseded by the enactment of later laws. Except as otherwise specifically provided by particular provisions of this Code, the enactment of this Code by the General Assembly is not intended to alter the substantive law in existence on the effective date of this Code.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-3 - Severability

Except as otherwise specifically provided in this Code or in an Act or resolution of the General Assembly, in the event any title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Code or of any Act or resolution of the General Assembly is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Code or of such Act or resolution, which shall remain of full force and effect as if such portion so declared or adjudged invalid or unconstitutional were not originally a part of this Code or of such Act or resolution. The General Assembly declares that it would have enacted the remaining parts of this Code if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. The General Assembly further declares that it would have enacted the remaining parts of any other Act or resolution if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional unless such Act or resolution contains an express provision to the contrary.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-4 - Validating Acts

The omission from this Code of any Acts passed prior to the adoption of this Code which validated any bonds, notes, warrants, certificates, or other evidences of indebtedness issued by any political subdivision or instrumentality of the state shall in no way operate or be construed to repeal or destroy the effect of any and all of such validating Acts where such validating Acts have been otherwise lawfully passed and are not in conflict with the Constitution of the United States or the Constitution of Georgia.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-5 - Effect of adoption of Code upon rules or regulations

Unless otherwise provided, the adoption of this Code shall not invalidate or affect any rules or regulations which were in effect on November 1, 1982, promulgated pursuant to authority given by law, and such rules and regulations shall remain in force until repealed, replaced, or invalidated.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-6 - Effect of adoption of Code upon terms of office and rights of officials or employees

(a)
The adoption of this Code shall not affect the term of office or the right to hold office of any person who is in office on November 1, 1982, unless otherwise expressly provided or unless such office is abolished by the adoption of this Code.
(b)
The adoption of this Code shall not affect the compensation, expenses, per diem, allowances, retirement, or other rights of any official or employee of the state or any county, municipal corporation, school system, political subdivision, authority, or other governmental entity within this state, unless otherwise provided in this Code.
2023 CODE OF GEORGIA › Title 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-5-1) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-1 — 1-1-11) › Section 1-1-7 - [Reserved] Notes and catchlines of Code sections not part of law

Amended by 2021 Ga. Laws 306,§ 2, eff. 7/1/2021.