FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
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JOHN L. WINN
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 PERSON
NAME:
Ronnie H. McCallister
PHONE:
(850) 245-9795
SUNCOM:
205-9795
M E M O R A N D U M
COEFO: 05-05
DATE:
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September 17, 2004
TO:
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District School Superintendents
CC:
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Transportation Directors
Charter Schools
Department of Corrections Contacts
Chancellor James Warford
FROM:
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Raymond Monteleone
SUBJECT:
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Senate Bill 120-Provisions Relating to Specified Offenders and School Bus Stops
During the 2004 Legislative session, Senate Bill 120 passed and was signed into law by the Governor.
The legislation amended Section 947.1405, Florida Statutes, effective October 1, 2004, to add certain
provisions relating to designated public school bus stops.
The Act prohibits certain sexual offenders released from prison under “conditional release
supervision” (hereinafter referred to as “conditional releasees”) from relocating to or being placed in a
residence within 1,000 feet of a public school bus stop. Beginning October 1, 2004, the effective date
of the Act, the Florida Department of Corrections (DOC) must notify the school board in the county
where a specified, currently incarcerated offender will reside upon her/his release from prison. This
notification must take place at least 30 days prior to release and will continue if the conditional
releasee relocates while under conditional release supervision.
RAYMOND MONTELEONE
Deputy Commissioner / Chief Operating and Education Financial Officer
325 WEST GAINES STREET • SUITE 1214 • TALLAHASSEE, FL 32399-0400 • (850) 245-0456 • www.fldoe.org
COEFO Memorandum #05-05
September 17, 2004
Page Two
The Act also requires school districts to relocate any school bus stop that is within 1,000 feet of
the existing residence of a specified offender as of October 1, 2004, and districts may not
establish or relocate a stop within 1,000 feet of a releasee’s residence starting on or after that
date.
A copy of the enrolled bill can be viewed or downloaded from the Legislature’s web site at:
http://www.flsenate.gov/data/session/2004/Senate/bills/billtext/pdf/s0120er.pdf.
Reports that SB 120 will prohibit school bus stops from being placed within 1,000 feet of all
persons who have been convicted of a sexual crime are totally inaccurate. As stated previously,
the provisions relating to residence proximity to bus stops apply only to a limited number of
sexual offenders who have committed certain crimes after a specified date against victims under
the age of 18 and are under “conditional release supervision” following incarceration. A detailed
explanation can be found in the legislation itself and in the attached letter dated June 10, 2004,
from the DOC. The Department of Education (DOE) has been informed by DOC that there were
53 of the subject “conditional releasees” in Florida, as of June, 2004. According to the DOC,
this number remains relatively stable, due primarily to the fact that offenders do not remain
under conditional release supervision indefinitely.
In spite of the narrow focus of this legislation, school districts face significant challenges in
establishing compliant bus stop locations, and state and local corrections officials face equally
significant challenges in finding residential locations for the inmates who will be released into
the community. Successful implementation of the requirements will depend on regular
communication between affected school districts and local DOC officials. The school district’s
primary responsibility will be to communicate information requested or needed by local DOC
officials on public school bus stop locations as expeditiously as possible, preferably within one
business day of an inquiry about potential location or relocation of a conditional releasee.
In order to ensure that both parties understand each other’s timelines and challenges in
implementing their respective requirements, each school district should designate an in-house
contact to work with DOC officials. The locations and telephone numbers of local probation
offices can be viewed at the DOC website, as indicated in the attached letter.
COEFO Memorandum #05-05
September 17, 2004
Page Three
Three documents are attached to provide additional assistance:
1. Senate Bill 120 - Frequently Asked Questions- These questions and answers were
derived from concerns raised during a recent Florida Association for Pupil Transportation
(FAPT) annual conference training session with district transportation personnel, DOE
officials, and DOC officials.
2. Florida Department of Corrections (DOC) Letter- This is the previously referenced
letter of June 10, 2004, from DOC, outlining their interpretation of the SB 120
legislation, along with their commitment to assist the local districts through all phases of
the new requirements.
3. Implementation of Senate Bill 120 Requirements- This is an information sheet from
DOC regarding their interpretation of the new legislation.
As each district implements this legislation, we encourage you to call our School Transportation
office at 850-245-9795 to discuss available resources and options, including additional
information, training materials, and/or the names of colleagues with experience in implementing
the bill. The Department’s School Transportation office is also interested in collecting additional
questions and concerns, as well as best practices that districts may have established to protect
children from sexual offenders within Florida’s communities. This information will be useful in
providing information to the Legislature regarding the implementation of SB 120 and any future
bills that may be introduced in this area.
RM/cfh/rhm
Attachments: Senate Bill 120
Frequently Asked Questions
Department of Corrections Letter
Implementation of Senate Bill 120 Requirements
