September 27, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 232
Compulsory School Attendance; Child Welfare
View Entire Chapter
Section 232.265, Florida Statutes 2001

232.265  School attendance and transportation of certain offenders.--

(1)  Notwithstanding any provision of law prohibiting the disclosure of the identity of a minor, whenever any person who is attending 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:

(a)  Chapter 782, relating to homicide;

(b)  Chapter 784, relating to assault, battery, and culpable negligence;

(c)  Chapter 787, relating to kidnapping, false imprisonment, luring or enticing a child, and custody offenses;

(d)  Chapter 794, relating to sexual battery;

(e)  Chapter 800, relating to lewdness and indecent exposure;

(f)  Chapter 827, relating to abuse of children;

(g)  Section 812.13, relating to robbery;

(h)  Section 812.131, relating to robbery by sudden snatching;

(i)  Section 812.133, relating to carjacking; or

(j)  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 school district of the adjudication or plea and the operation of this section 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. 985.23(1)(d). Upon receipt of such notice, the school district shall take appropriate action to effectuate the provisions of subsection (2).

(2)  Any offender described in subsection (1), who is not exempted as provided in subsection (1), shall 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 school district in which the offender resides to attend another school within the district, provided the other school is not attended by the victim or sibling of the victim of the offense or may be permitted by another school district to attend a school in that district if the offender is unable to attend any school in the district in which the offender resides due to the operation of this section.

(3)  If the offender is unable to attend any other school in the district in which the offender resides and is prohibited from attending school in another school district, 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 school district to keep the offender separated from the victim shall include, but not be 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.

(4)  The offender, or the parents or legal guardian of the offender if the offender is a juvenile, shall be responsible for arranging and paying 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 or the legal guardian of the offender shall not be charged for existing modes of transportation that can be used by the offender at no additional cost to the district.

History.--s. 6, ch. 2001-125.

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