FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
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JIM HORNE
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
LINDA K. TAYLOR
CONTACT PERSONS
NAME:
Lorraine H. Allen
Judy Bishop
PHONE:
(850) 245-0416
SUNCOM:
205-0416
E-MAIL:
Lorraine.Allen@fldoe.org
Judy.Bishop@fldoe.org
DPS: 05-016
MEMORANDUM
TO:
District School Superintendents
FROM:
Jim Warford
DATE:
August 6, 2004
SUBJECT:
Student Possession of Cellular Telephones on School Property
The 2004 Legislature passed Senate Bill 184, relating to district school board duties pertaining to
student discipline and school safety. The bill amends Section 1006.07(02), Florida Statues, by
revising the requirements relating to the code of student conduct. Specifically, the bill:
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deletes the notice requirement for possession of an electronic telephone pager while a
student is on school property or attending a school function;
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provides for the possession of wireless communications devices;
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requires notice of possible disciplinary action or criminal penalties if a wireless
communications device is used in a criminal act; and
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requires each district school board to 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.
JIM WARFORD
K -12 Chancellor
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509• www.fldoe.org
District School Superintendents
August 6, 2004
Page 2
It should be noted that Section 1006.07(2), Florida Statutes, merely sets forth the minimum
requirements for the code of student conduct and is not limited to the conditions described therein.
District school boards still retain the power to regulate student conduct within the parameters set by
statute. Thus, while the statute as amended now states that a student may possess wireless
communication devices while on school property or at school functions, the regulation of when and
how such devices may be used during such times may still be determined by the district school
board. For specific bill language, please see the link below:
http://www.flsenate.gov/data/session/2004/Senate/bills/billtext/pdf/s0184er.pdf
Also, please find below the link to a sample district policy, modified from one Florida school
district’s technical assistance paper pertaining to student use of cellular telephones.
http://info.fldoe.org/dscgi/ds.py/Get/File-1507/DPS04-029att.pdf
If you have further questions, please do not hesitate to contact Lorraine H. Allen, Administrator,
Office of Safe and Healthy School, by telephone at (850) 245-0668, or via email at
Lorraine.Allen@fldoe.org or Judy Bishop, Program Specialist, Office of Safe and Healthy Schools
by telephone at (850) 245-0677, or via email at Judy.Bishop@fldoe.org.
JW/lha
Attachment
cc:
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Student Services Director
Safe and Drug-Free Schools Coordinators
