Florida Statute 1006.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1006
SUPPORT FOR LEARNING

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F.S. 1006.08

1006.08 District school superintendent duties relating to student discipline and school safety.—

(1) The district school superintendent shall recommend plans to the district school board for the proper accounting for all students of school age, for the attendance and control of students at school, and for the proper attention to health, safety, and other matters which will best promote the welfare of students. Each district school superintendent shall fully support the authority of his or her principals, teachers, and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when appropriate and available, to place such students in an alternative educational setting. When the district school superintendent makes a recommendation for expulsion to the district school board, he or she shall give written notice to the student and the student’s parent of the recommendation, setting forth the charges against the student and advising the student and his or her parent of the student’s right to due process as prescribed by ss. 120.569 and 120.57(2). When district school board action on a recommendation for the expulsion of a student is pending, the district school superintendent may extend the suspension assigned by the principal beyond 10 school days if such suspension period expires before the next regular or special meeting of the district school board.

(2) Notwithstanding the provisions of s. 985.04(7) or any other provision of law to the contrary, the court shall, within 48 hours of the finding, notify the appropriate district school superintendent of the name and address of any student found to have committed a delinquent act, or who has had adjudication of a delinquent act withheld which, if committed by an adult, would be a felony, the name and address of any student found guilty of a felony, or the name and address of any student the court refers to mental health services. Notification shall include the specific delinquent act found to have been committed or for which adjudication was withheld, or the specific felony for which the student was found guilty.

(3) Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the district school superintendent pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.

History.—s. 278, ch. 2002-387; s. 38, ch. 2003-391; s. 128, ch. 2006-120; s. 25, ch. 2018-3.

F.S. 1006.08 on Google Scholar

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Amendments to 1006.08

Arrestable Offenses / Crimes under Fla. Stat. 1006.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1006.08.

Annotations, Discussions, Cases:

Cases Citing Statute 1006.08

Total Results: 6

S. J. v. Malcolm Thomas

Court: District Court of Appeal of Florida | Date Filed: 2017-12-18

Snippet: looked only to one section of the Code, section 1006.08(1), Florida Statutes (2015), to support its finding

Sandra A. Forero and William L. Forero v. Green Tree Servicing, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-07-14

Citation: 223 So. 3d 440, 2017 WL 2989493, 2017 Fla. App. LEXIS 10145

Snippet: in a subsequent foreclosure action. Id. at 1006-08. In this case an.d the two previous, dismissed

Jermaine Lebron v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-01-30

Citation: 135 So. 3d 1040, 39 Fla. L. Weekly Supp. 62, 2014 WL 321817, 2014 Fla. LEXIS 376

Snippet: court sentenced Lebrón to death. Id. at 1006-08. In 2001, this Court affirmed Lebroris convictions

Young v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 122 So. 3d 891, 2013 WL 3811816, 2013 Fla. App. LEXIS 11586

Snippet: prejudiced his case. Metayer v. State, 89 So.3d 1003, 1006-08 (Fla. 4th DCA 2012). Therefore, we are not constrained

A.B.E. v. School Board of Brevard County

Court: District Court of Appeal of Florida | Date Filed: 2010-04-23

Citation: 33 So. 3d 795, 2010 Fla. App. LEXIS 5338, 2010 WL 1626398

Snippet: is to inform you that based on Florida Statute 1006.08(1) and the recommendation of Mr. Richard Myers

City of Palmetto v. Katsch

Court: Supreme Court of Florida | Date Filed: 1923-11-28

Citation: 86 Fla. 506, 98 So. 352

Snippet: v. Jasper County, 117 Iowa 365, 90 N. W. Rep. 1006; 8 R. C. L. 890; 4 McQuillan on Municipal Corporations