Florida+statutes+and+constitution

=Statutes and Constitutions=

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[|Education Code of Ethics]

[|Florida Statutes]

[|447.4095] Financial urgency.

447.4095 Financial urgency.--In the event of a financial urgency requiring modification of an agreement, the chief executive officer or his or her representative and the bargaining agent or its representative shall meet as soon as possible to negotiate the impact of the financial urgency. If after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section.

[|PERC News, Jan, 2009] "Commission Interprets “Financial Urgency” Under Section 447.4095, Florida Statutes", p. 4

[|447.403] Resolution of impasses.

447.403 Resolution of impasses.--

(1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, an impasse shall be deemed to have occurred when one of the parties so declares in writing to the other party and to the commission. When an impasse occurs, the public employer or the bargaining agent, or both parties acting jointly, may appoint, or secure the appointment of, a mediator to assist in the resolution of the impasse. If the Governor is the public employer, no mediator shall be appointed.

[|Part III:] CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES (ss. 112.311-112.326)
 * **[|TITLE X]** || **PUBLIC OFFICERS, EMPLOYEES, AND RECORDS** || **Ch.110-122** ||
 * [|Chapter 112] || PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS ||  ||

LABOR ORGANIZATIONS
 * [|Chapter 447]**


 * [|PART I]**
 * GENERAL PROVISIONS (ss. 447.01-447.17)**

[|447.13] Right to strike preserved.


 * 447.13 Right to strike preserved.**--Except as specifically provided in this chapter, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this chapter be so construed as to invade unlawfully the right to freedom of speech.


 * [|PART II]**
 * PUBLIC EMPLOYEES (ss. 447.201-447.609)**

[|PART I]

GENERAL PROVISIONS (ss. 447.01-447.17)

[|PART II]

PUBLIC EMPLOYEES (ss. 447.201-447.609)

[|447.209] Public employer's rights.

[|447.301] Public employees' rights; organization and representation.

[|447.501] Unfair labor practices.

(1) Public employers or their agents or representatives are prohibited from: (a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part. (c) Refusing to bargain collectively, failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit.
 * 447.501 Unfair labor practices.**--

(2) A public employee organization or anyone acting in its behalf or its officers, representatives, agents, or members are prohibited from: (a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part or interfering with, restraining, or coercing managerial employees by reason of their performance of job duties or other activities undertaken in the interests of the public employer. (b) Causing or attempting to cause a public employer to discriminate against an employee because of the employee's membership or nonmembership in an employee organization or attempting to cause the public employer to violate any of the provisions of this part. (f) Instigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students or students in institutions of higher learning.

(3) Notwithstanding the provisions of subsections (1) and (2), the parties' rights of free speech shall not be infringed, and the expression of any arguments or opinions shall not constitute, or be evidence of, an unfair employment practice or of any other violation of this part, if such expression contains no promise of benefits or threat of reprisal or force.
 * History.**--s. 3, ch. 74-100; s. 1, ch. 77-174; s. 160, ch. 97-103.

[|447.505] Strikes prohibited.


 * 447.505 Strikes prohibited.**--No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this part.
 * History.**--s. 3, ch. 74-100.

[|447.507] Violation of strike prohibition; penalties.

[|447.609] Representation in proceedings.


 * **[|TITLE XXXIX]** || COMMERCIAL RELATIONS || Ch.668-688 ||

[|Chapter 668] ELECTRONIC COMMERCE

[|Part III:] ELECTRONIC MAIL COMMUNICATIONS (ss. 668.60-668.610)


 * 668.6076 Public records status of e-mail addresses; agency website notice.**--Any agency, as defined in s. 119.011, or legislative entity that operates a website and uses electronic mail shall post the following statement in a conspicuous location on its website:

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.


 * **[|TITLE XLVIII]** || **K-20 EDUCATION CODE** ||

1003.32 Authority of teacher; responsibility for control of students; district school board and principal duties.--Subject to law and to the rules of the district school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal's designated representative and shall keep good order in the classroom and in other places in which he or she is assigned to be in charge of students. (1) In accordance with this section and within the framework of the district school board's code of student conduct, teachers and other instructional personnel shall have the authority to undertake any of the following actions in managing student behavior and ensuring the safety of all students in their classes and school and their opportunity to learn in an orderly and disciplined classroom: (a) Establish classroom rules of conduct. (b) Establish and implement consequences, designed to change behavior, for infractions of classroom rules. (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 for information or assistance from appropriate school or district school board personnel. (e) Assist in enforcing school rules on school property, during school-sponsored transportation, and during school-sponsored activities. (f) Request and receive information as to the disposition of any referrals to the administration for violation of classroom or school rules. (g) Request and receive immediate assistance in classroom management if a student becomes uncontrollable or in case of emergency. (h) Request and receive training and other assistance to improve 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) Teachers and other instructional personnel shall: (a) Set and enforce reasonable classroom rules that treat all students equitably. (b) Seek professional development to improve classroom management skills when data show that they are not effective in handling minor classroom disruptions. (c) Maintain an orderly and disciplined classroom with a positive and effective learning environment that maximizes learning and minimizes disruption. (d) Work with parents and other school personnel to solve discipline problems in their classrooms. (3) A teacher may send a student to the principal's office to maintain effective discipline in the classroom and may recommend an appropriate consequence consistent with the student code of conduct under s. 1006.07. <[|__http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1006/Sec07.HTM__]> The principal shall respond by employing the teacher's recommended consequence or a more serious disciplinary action if the student's history of disruptive behavior warrants it. If the principal determines that a lesser disciplinary action is appropriate, the principal should consult with the teacher prior to taking disciplinary action. (4) A teacher may remove from class a student whose behavior the teacher determines interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn. Each district school board, each district school superintendent, and each school principal shall support the authority of teachers to remove disobedient, violent, abusive, uncontrollable, or disruptive students from the classroom. (5) If a teacher removes a student from class under subsection (4), the principal may place the student in another appropriate classroom, in in-school suspension, or in a dropout prevention and academic intervention program as provided by s. 1003.53 <[|__http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1003/Sec53.HTM__]> ; or the principal may recommend the student for out-of-school suspension or expulsion, as appropriate. The student may be prohibited from attending or participating in school-sponsored or school-related activities. **The principal may not return the student to that teacher's class without the teacher's consent unless the committee established under subsection (6) determines that such placement is the best or only available alternative.** The teacher and the placement review committee must render decisions within 5 days of the removal of the student from the classroom. (6)(a) Each school shall establish a placement review committee to determine placement of a student when a teacher withholds consent to the return of a student to the teacher's class. A school principal must notify each teacher in that school about the availability, the procedures, and the criteria for the placement review committee as outlined in this section. (b) The principal must report on a quarterly basis to the district school superintendent and district school board each incidence of a teacher's withholding consent for a removed student to return to the teacher's class and the disposition of the incident, and the superintendent must annually report these data to the department. (c) The Commissioner of Education shall annually review each school district's compliance with this section, and success in achieving orderly classrooms, and shall use all appropriate enforcement actions up to and including the withholding of disbursements from the Educational Enhancement Trust Fund until full compliance is verified. (d) Placement review committee membership must include at least the following: 1. Two teachers, one selected by the school's faculty and one selected by the teacher who has removed the student. 2. One member from the school's staff who is selected by the principal. The teacher who withheld consent to readmitting the student may not serve on the committee. The teacher and the placement review committee must render decisions within 5 days after the removal of the student from the classroom. If the placement review committee's decision is contrary to the decision of the teacher to withhold consent to the return of the removed student to the teacher's class, the teacher may appeal the committee's decision to the district school superintendent. (7) Any teacher who removes 25 percent of his or her total class enrollment shall be required to complete professional development to improve classroom management skills. (8) Each teacher or other member of the staff of any school who knows or has reason to suspect that any person has committed, or has made a credible threat to commit, a crime of violence on school property shall report such knowledge or suspicion in accordance with the provisions of s. 1006.13. <[|__http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1006/Sec13.HTM__]> Each district school superintendent and each school principal shall fully support good faith reporting in accordance with the provisions of this subsection and s. 1006.13. <[|__http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1006/Sec13.HTM__]> Any person who makes a report required by this subsection in good faith shall be immune from civil or criminal liability for making the report. (9) When knowledgeable of the likely risk of physical violence in the schools, the district school board shall take reasonable steps to ensure that teachers, other school staff, and students are not at undue risk of violence or harm.

[|Florida Constitution] Article I. Declaration of Rights SECTION 4. Freedom of speech and press. Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated. SECTION 24. Access to public records and meetings. (a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. (b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution. (c) This section shall be self-executing. The legislature, however, may provide by general law for the exemption of records from the requirements of subsection (a) and the exemption of meetings from the requirements of subsection (b), provided that such law shall state with specificity the public necessity justifying the exemption and shall be no broader than necessary to accomplish the stated purpose of the law. The legislature shall enact laws governing the enforcement of this section, including the maintenance, control, destruction, disposal, and disposition of records made public by this section, except that each house of the legislature may adopt rules governing the enforcement of this section in relation to records of the legislative branch. Laws enacted pursuant to this subsection shall contain only exemptions from the requirements of subsections (a) or (b) and provisions governing the enforcement of this section, and shall relate to one subject. (d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain in force, and such laws apply to records of the legislative and judicial branches, until they are repealed. Rules of court that are in effect on the date of adoption of this section that limit access to records shall remain in effect until they are repealed. History.--Added, C.S. for C.S. for H.J.R.'s 1727, 863, 2035, 1992; adopted 1992.

School boards. The school board in each school district is established in Article IX of the Florida Constitution. Each school board establishes policies, and operates, controls, and supervises all of the public schools in the district. Among the specific responsibilities Florida law assigns to school boards is to maintain a system of school improvement and education accountability as provided by statute and the State Board of Education rule. The following six state education priorities establish the framework for school improvement: (1) learning and completion at all levels, including increased high school graduation rate and readiness for postsecondary education without remediation; (2) student performance; (3) alignment of standards and resources; (4) educational leadership; (5) workforce education; and (6) parental, student, family, educational institution, and community involvement. More information on Florida's school improvement and accountability program can be found in the School Improvement, Accountability, and Testing and Federal Title I Programs FGAR profiles. More detailed information on school boards can be found in ss. 1001.34-1001.453, Florida Statutes.

United States

The Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. "The existence of a collective bargaining agreement is primarily a question of fact, not a question of law," and if an arbitrator finds that the parties agreed on an issue, management cannot disavow the matter at a later time. Dept. of Homeland Security and AFGE L-2805, #0-AR-3920, 2005 FLRA Lexis 103, 61 FLRA No. 26 (FLRA 2005). {N/R}