THE BILL ITSELF
CS/HB 859
Exceptional Students and Video Cameras in Public Schools
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A bill to be entitled
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An act relating to exceptional students and video
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cameras in public schools; amending s. 1003.574, F.S.;
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deleting references to the Video Cameras in Public
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School Classrooms Pilot Program; deleting an obsolete
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definition; requiring a district school board to
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establish a policy to provide video cameras in self-
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contained classrooms upon the request of a parent;
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prohibiting a school or school district from
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concealing the identity of an employee in a video
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recording; providing that a video recording made
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available after a request must include accompanying
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audio; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1003.574, Florida Statutes, is amended
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to read:
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1003.574 Video cameras in public school classrooms; pilot
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program.—Beginning with the 2021-2022 school year, the Video
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Cameras in Public School Classrooms Pilot Program is created for
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a period of 3 school years.
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(1) As used in this section, the term:
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(a) "Incident" means an event, a circumstance, an act, or
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an omission that results in the abuse or neglect of a student
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by:
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1. An employee of a public school or school district; or
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2. Another student.
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(b) "School district" means the Broward County Public
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Schools.
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(b)(c) "Self-contained classroom" means a classroom at a
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public school in which a majority of the students in regular
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attendance are provided special education services and are
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assigned to one or more such classrooms for at least 50 percent
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of the instructional day.
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(2)(a) Each district school board shall establish a policy
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to provide video cameras in self-contained classrooms upon the
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request of a parent under paragraph (b).
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(b)(a) A school district shall provide a video camera to
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any school with a self-contained classroom upon the written
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request of a parent of a student in the classroom.
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(c)(b) Within 30 days after receipt of the request from a
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parent, a video camera must shall be operational in each self-
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contained classroom in which the parent's student is in regular
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attendance for the remainder of the school year, unless the
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parent withdraws his or her request in writing.
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(3) If the student who is the subject of the initial
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request is no longer in attendance in the classroom and a school
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discontinues operation of a video camera during a school year,
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no later than the 5th school day before the date the operation
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of the video camera is discontinued, the school must notify the
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parents of each student in regular attendance in the classroom
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that operation of the video camera will cease unless the
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continued use of the camera is requested by a parent. No later
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than the 10th school day before the end of each school year, the
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school must notify the parents of each student in regular
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attendance in the classroom that operation of the video camera
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will not continue during the following school year unless a
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written request is submitted by a parent for the next school
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year.
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(4)(a) A video camera placed in a self-contained classroom
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must be capable of all of the following:
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1. Monitoring all areas of the self-contained classroom,
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including, without limitation, any room attached to the self-
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contained classroom which is used for other purposes.
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2. Recording audio from all areas of the self-contained
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classroom, including, without limitation, any room attached to
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the self-contained classroom which is used for other purposes.
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(b) A video camera placed in a self-contained classroom
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may not monitor a restroom or any other area in the self-
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contained classroom where a student changes his or her clothes,
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except for the entryway, exitway, or hallway outside a restroom
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or other area where a student changes his or her clothes because
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of the layout of the self-contained classroom.
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(c) A video camera placed in a self-contained classroom is
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not required to be in operation when students are not present in
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the self-contained classroom.
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(d) If there is an interruption in the operation of the
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video camera for any reason, an explanation must be submitted in
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writing to the school principal and the district school board
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which explains the reason for and duration of the interruption.
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The written explanation must be maintained at the district
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school board office for at least 1 year.
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(5) Before a school initially places a video camera in a
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self-contained classroom pursuant to this section, the school
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shall provide written notice of the placement of such video
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camera to all of the following:
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(a) The parent of each student who is assigned to the
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self-contained classroom.
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(b) Each student who is assigned to the self-contained
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classroom.
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(c) The school district.
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(d) Each school employee who is assigned to work with one
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or more students in the self-contained classroom.
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(6) A school shall:
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(a) Retain video recorded from a video camera placed
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pursuant to this section for at least 3 months after the date
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the video was recorded, after which the recording must shall be
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deleted or otherwise made irretrievable unretrievable; or
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(b) Retain the recording until the conclusion of any
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investigation or any administrative or legal proceedings that
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result from the recording have been completed, including,
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without limitation, the exhaustion of all appeals.
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(7) A school or school district may not:
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(a) Allow regular, continuous, or continual monitoring of
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video recorded under this section; or
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(b) Use video recorded under this section for teacher
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evaluations or any purpose other than for ensuring the health,
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safety, and well-being of students receiving special education
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services in a self-contained classroom; or
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(c) Conceal the identity of a school or school district
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employee who appears in a video recording.
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(8) The principal of the school is the custodian of a
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video camera operated pursuant to this section, all recordings
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generated by that video camera, and access to such recordings.
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(a) The release or viewing of any video recording under
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this section must comply with s. 1002.22.
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(b) A school or school district shall:
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1. Conceal the identity of any student who appears in a
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video recording, but is not involved in the alleged incident
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documented by the video recording, which the school allows to be
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viewed under subsection (9), including, without limitation,
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blurring the face of the uninvolved student.
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2. Protect the confidentiality of all student records
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contained in a video recording in accordance with s. 1002.22.
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(9)(a) Within 7 days after receiving a request to view a
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video recording, a school or school district shall allow the
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following individuals to view a video recording with its
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accompanying audio made under this section:
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1. A school or school district employee who is involved in
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an alleged incident that is documented by the video recording as
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part of the investigative process;
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2. A parent of a student who is involved in an alleged
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incident that is documented by the video recording and has been
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reported to the school or school district;
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3. A school or school district employee as part of an
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investigation into an alleged incident that is documented by the
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video recording and has been reported to the school or school
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district;
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4. A law enforcement officer as part of an investigation
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into an alleged incident that is documented by the video
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recording and has been reported to the law enforcement agency;
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or
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5. The Department of Children and Families as part of a
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child abuse or neglect investigation.
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(b) A person who requests to view a recording must shall
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make himself or herself available for viewing the recording
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within 30 days after being notified by the school or school
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district that the person's request has been granted.
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(c) A person who views the recording and suspects that
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child abuse has occurred must report the suspected child abuse
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to the Department of Children and Families.
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(10)(a) Any individual may appeal to the State Board of
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Education an action by a school or school district which the
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individual alleges to be in violation of this section.
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(b) The state board shall grant a hearing on an appeal
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under this subsection within 45 days after receiving the appeal.
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(11) A school or school district does not violate
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subsection (8) if a contractor or other employee of the school
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or school district incidentally views a video recording made
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under this section in connection with the performance of his or
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her duties related to either of the following:
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(a) The installation, operation, or maintenance of video
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equipment; or
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(b) The retention of video recordings.
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(12) This section does not:
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(a) Limit the access of the parent of a student, under the
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Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
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1232g, or any other law, to a video recording regarding his or
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her student.
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(b) Waive any immunity from liability of a school district
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or an employee of a school district.
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(c) Create any liability for a cause of action against a
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school or school district or an employee of a school or school
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district carrying out the duties and responsibilities required
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by this section.
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(d) Apply to self-contained classrooms in which the only
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students receiving special education services are those who have
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been deemed gifted.
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(13) The department shall collect information relating to
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the installation and maintenance of video cameras under this
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section.
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(14) The State Board of Education may adopt rules to
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implement this section.
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Section 2. This act shall take effect July 1, 2026.