Senate Bill sb1876

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    Florida Senate - 2001                                  SB 1876

    By Senator Cowin





    11-662-01

  1                      A bill to be entitled

  2         An act relating to liability of primary and

  3         secondary educational institutions and

  4         personnel; creating the "Teacher Protection

  5         Act"; providing legislative findings; providing

  6         definitions; providing that educational

  7         entities and their employees are not subject to

  8         liability for certain acts relating to control

  9         and discipline of students; providing

10         exceptions; prohibiting punitive and exemplary

11         damages; providing penalties for filing false

12         accusations of criminal activity against

13         employees of educational entities; providing

14         that maintenance of insurance is not a waiver

15         of defenses; providing applicability; providing

16         an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  This act may be cited as the "Teacher

21  Protection Act."

22         Section 2.  Legislative findings.--The Legislature

23  finds that ensuring the quality of primary and secondary

24  public education is a compelling state interest. The

25  educational environment of students is often not conducive to

26  learning. Violence is sometimes a threat, while at other times

27  educators may lack the authority to maintain safety and

28  discipline in the public schools. The filing of meritless

29  lawsuits against school districts, teachers and

30  administrators, and other school employees interferes with

31  attempts to ensure the quality of public education,

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    Florida Senate - 2001                                  SB 1876
    11-662-01




  1  particularly where such lawsuits arise out of the good-faith

  2  efforts of educators to maintain classroom discipline or

  3  address threats to student safety. Meritless litigation also

  4  diverts financial and personnel resources to

  5  litigation-defense activities and reduces the availability of

  6  such resources for educational opportunities for students. The

  7  Legislature finds that legislation to deter meritless lawsuits

  8  and sanction deliberately false reports against educators is a

  9  rational and appropriate method by which to address this

10  compelling public interest.

11         Section 3.  Definitions.--As used in this act, the

12  term:

13         (1)  "Educational entity" means the State Board of

14  Education or any other body, board, or agency that governs one

15  or more public primary or secondary schools.

16         (2)  "Employee" includes an individual elected or

17  appointed to an educational entity and an individual who is an

18  employee of such an entity. The term does not include an

19  independent contractor.

20         Section 4.  Liability.--

21         (1)  An educational entity or its employees is not

22  subject to liability for any of the following:

23         (a)  Taking any action regarding the control, grading,

24  suspension, expulsion, or discipline of students while such

25  students are on the property of the educational entity or are

26  under the supervision of the educational entity or its

27  employees.

28         (b)  Using corporal punishment when and to the extent

29  that the employee believes it necessary and appropriate to

30  maintain discipline or to promote student welfare, so long as

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    Florida Senate - 2001                                  SB 1876
    11-662-01




  1  the corporal punishment was administered in accordance with

  2  rules adopted by the school board.

  3

  4  The immunity provided in this subsection does not apply if the

  5  action of the educational entity or its employee violated an

  6  express law or rule or a clearly articulated policy of the

  7  state or the educational entity. The burden of proof of such

  8  violation rests with the plaintiff and must be established to

  9  the court by clear and convincing evidence as part of a

10  summary proceeding.

11         (2)  An educational entity and its employees are not

12  subject to liability for making a report consistent with

13  federal law to the appropriate law enforcement authorities or

14  school officials if the individual making the report has

15  reasonable grounds to suspect that a student is:

16         (a)  Under the influence of alcoholic beverages or a

17  controlled substance not lawfully prescribed to that student;

18         (b)  In possession of a firearm, alcoholic beverages,

19  or a controlled substance not lawfully prescribed to that

20  student;

21         (c)  Involved in the unlawful sale or distribution of

22  firearms, alcoholic beverages, or a controlled substance; or

23         (d)  A victim of sexual or physical abuse.

24         Section 5.  Punitive and exemplary damages.--

25         (1)  An educational entity is not liable for punitive

26  or exemplary damages. An employee is not liable for punitive

27  or exemplary damages for acts or omissions within the course

28  and scope of employment.

29         (2)  For the purposes of this section, an employee is

30  not acting within the course and scope of employment if the

31  employee acted with specific intent to cause harm.

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    Florida Senate - 2001                                  SB 1876
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  1         Section 6.  False reports.--

  2         (1)  Except as otherwise provided in this section, any

  3  person 18 years of age or older who acts with specific intent

  4  in making a false accusation of criminal activity against an

  5  employee of an educational entity to law enforcement

  6  authorities or school district officials or personnel, or

  7  both, is guilty of a noncriminal violation and shall be fined

  8  up to $2,000.

  9         (2)  Except as otherwise provided in this section, any

10  public school student 7 years of age or older, but less than

11  18 years of age, who acts with specific intent in making a

12  false accusation of criminal activity against an employee of

13  an educational entity to law enforcement authorities or school

14  district officials or personnel, or both, may, at the

15  discretion of the court, be subject to any of the following;

16         (a)  Expulsion.

17         (b)  Suspension for a period of time to be determined

18  by the court.

19         (c)  Community service of a type and for a period of

20  time to be determined by the court.

21         (d)  Any other sanction the court in its discretion

22  deems appropriate or that is within the policies of the school

23  board.

24         (3)  This section does not apply to statements

25  regarding individuals elected or appointed to a school board.

26         (4)  This section does not limit the civil or criminal

27  liability of those persons who make false statements alleging

28  criminal activity by others and is cumulative to the laws

29  prohibiting or imposing liability for that conduct.

30         Section 7.  Insurance.--Unless otherwise provided by

31  statute, the existence of any policy of insurance indemnifying

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    Florida Senate - 2001                                  SB 1876
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  1  an educational entity against liability for damages is not a

  2  waiver of any defense otherwise available to the educational

  3  entity or its employees in the defense of the claim.

  4         Section 8.  Applicability.--This section is

  5  supplemental to any other statute relating to tort claims.

  6         Section 9.  This act shall take effect July 1, 2001.

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  9                          SENATE SUMMARY

10    Provides that educational entities and their employees,
      as defined, are not liable for acts taken pursuant to
11    laws, rules, and policies in maintaining control of, or
      disciplining, students. Exemplary and punitive damages
12    are prohibited. Provides penalties for persons filing
      false reports of criminal activity on the part of
13    employees of educational entities.

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