Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 626
       
       
       
       
       
                                Barcode 422942                          
       
       581-02142-13                                                    
       Proposed Committee Substitute by the Committee on Education
    1                        A bill to be entitled                      
    2         An act relating to bullying in the public school
    3         system; providing a short title; amending s. 1006.147,
    4         F.S.; prohibiting cyberbullying in schools and during
    5         school-related activities; expanding the circumstances
    6         under which bullying or harassment of any student or
    7         employee of a public K-12 institution is prohibited;
    8         revising the definition of the term “bullying” to
    9         include emotional pain or discomfort; defining the
   10         term “cyberbullying”; revising the definition of the
   11         term “harassment”; requiring each school district to
   12         incorporate a prohibition on cyberbullying into its
   13         policy on bullying and harassment; requiring that such
   14         policy mandate that computers without web-filtering
   15         software or computers with web-filtering software
   16         disabled be used when investigating complaints of
   17         cyberbullying; requiring that school district policies
   18         prohibiting bullying, cyberbullying, and harassment
   19         address how to identify and respond to behavior that
   20         leads to such conduct; requiring that the model policy
   21         of the Department of Education include a prohibition
   22         on cyberbullying by a certain date and that such
   23         policy be included in the code of student conduct;
   24         updating fiscal years regarding the distribution of
   25         safe school funds; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. SHORT TITLE.—This act may be cited as the
   30  “Imagine Act.”
   31         Section 2. Section 1006.147, Florida Statutes, is amended
   32  to read:
   33         1006.147 Bullying and harassment prohibited.—
   34         (1) This section may be cited as the “Jeffrey Johnston
   35  Stand Up for All Students Act.”
   36         (2) Bullying, cyberbullying, or harassment of any student
   37  or employee of a public K-12 educational institution is
   38  prohibited:
   39         (a) During any education program or activity conducted by a
   40  public K-12 educational institution;
   41         (b) During any school-related or school-sponsored program
   42  or activity or on a school bus of a public K-12 educational
   43  institution; or
   44         (c) Through the use of data or computer software that is
   45  accessed through a computer, computer system, or computer
   46  network of a public K-12 educational institution which is
   47  physically located on the property of the educational
   48  institution or at the site of any school-related or school
   49  sponsored program or activity conducted by the educational
   50  institution.
   51         (d) If the bullying, cyberbullying, or harassment creates,
   52  or if it is reasonably foreseeable that it could create,
   53  material and substantial interference with, or disruption of, a
   54  student’s ability to be safe and secure during school or a
   55  school-related or school-sponsored program or activity,
   56  including, but not limited to, field trips, extracurricular
   57  activities, or transit on a school bus of a public K-12
   58  educational institution for a school-related or school-sponsored
   59  program or activity.
   60         (3) For purposes of this section:
   61         (a) “Bullying” means systematically and chronically
   62  inflicting physical hurt or psychological distress on one or
   63  more students or school employees. Incidents of bullying and may
   64  involve, but are not limited to:
   65         1. Teasing;
   66         2. Social exclusion;
   67         3. Threat;
   68         4. Intimidation;
   69         5. Stalking;
   70         6. Physical violence;
   71         7. Theft;
   72         8. Sexual, religious, or racial harassment;
   73         9. Public Humiliation; or
   74         10. Emotional pain or discomfort; or
   75         11.10. Destruction of property.
   76         (b)Cyberbullying” means bullying or harassment that is
   77  related to computers, as described in s. 815.03, or that
   78  otherwise occurs through the use of technology or electronic
   79  communications, including, but not limited to, any transfer of
   80  signs, signals, writing, images, sounds, data, or intelligence
   81  of any nature transmitted in whole or in part by a wire, radio,
   82  electromagnetic system, photoelectronic system, or photooptical
   83  system, or other transmission or medium such as electronic mail,
   84  text messaging, instant messaging, social media, Internet
   85  communications, or facsimile communications. Cyberbullying may
   86  involve, but is not limited to:
   87         1. Harassment and cyberstalking, as defined in s. 784.048.
   88         2. Creating a web page on which, or a weblog in which, the
   89  creator assumes the identity of another person, or knowingly
   90  impersonates another person, while posting content or sending
   91  messages.
   92         3. Electronically sharing or distributing material and
   93  communications to more than one person or posting material on
   94  one or more electronic media that may be accessed by one or more
   95  persons.
   96         (c)(b) “Harassment” means any threatening, insulting, or
   97  dehumanizing gesture, use of data or computer software, or
   98  written, verbal, or physical conduct directed against a student
   99  or school employee which that:
  100         1. Places a student or school employee in reasonable fear
  101  of harm to his or her person or damage to his or her property;
  102         2. Has the effect of substantially interfering with a
  103  student’s educational performance, opportunities, or benefits;
  104  or
  105         3. As provided in s. 784.048(1)(a), serves no legitimate
  106  purpose and causes substantial emotional distress to a student
  107  or a school employee; or
  108         4.3. Has the effect of materially and substantially
  109  disrupting or interfering with the orderly operation of a school
  110  or the ability of a student to be safe and secure at a school or
  111  at a school-sponsored event.
  112         (c)Definitions in s. 815.03 and the definition in s.
  113  784.048(1)(d) relating to stalking are applicable to this
  114  section.
  115         (d) The definitions of “bullying,” “cyberbullying,”
  116  “bullying” and “harassment” include:
  117         1. Retaliation against a student or school employee by
  118  another student or school employee for asserting or alleging an
  119  act of bullying or harassment. Reporting an act of bullying or
  120  harassment that is not made in good faith is considered
  121  retaliation.
  122         2. Perpetuation of bullying, cyberbullying, or harassment
  123  conduct listed in paragraph (a) or paragraph (b) by an
  124  individual or group of individuals with intent to demean,
  125  dehumanize, embarrass, or cause physical harm to a student or
  126  school employee by:
  127         a. Incitement or coercion;
  128         b. Accessing or knowingly causing or providing access to
  129  data or computer software through a computer, computer system,
  130  or computer network, or other computer-related means described
  131  in s. 815.03 within the scope of the district school system; or
  132         c. Acting in a manner that has an effect substantially
  133  similar to the effect of bullying, cyberbullying, or harassment.
  134         (4) By December 1, 2008, each school district shall adopt a
  135  policy prohibiting bullying and harassment of any student or
  136  employee of a public K-12 educational institution. By December
  137  1, 2013, each school district shall incorporate into such policy
  138  a prohibition on cyberbullying of any student or employee of a
  139  public K-12 educational institution. Each school district’s
  140  policy must substantially conform shall be in substantial
  141  conformity with the Department of Education’s model policy
  142  mandated in subsection (5). The school district bullying,
  143  cyberbullying, and harassment policy must provide shall afford
  144  all students the same protection regardless of their status
  145  under the law. The school district may establish separate
  146  discrimination policies that include categories of students. The
  147  school district shall involve students, parents, teachers,
  148  administrators, school staff, school volunteers, community
  149  representatives, and local law enforcement agencies in the
  150  process of adopting the policy. The school district policy must
  151  be implemented in a manner that is ongoing throughout the school
  152  year and integrated with a school’s curriculum, a school’s
  153  discipline policies, and other violence prevention efforts. The
  154  school district policy must contain, at a minimum, the following
  155  components:
  156         (a) A statement prohibiting bullying, cyberbullying, and
  157  harassment.
  158         (b) Definitions A definition of bullying, cyberbullying,
  159  and a definition of harassment which that include the
  160  definitions listed in this section.
  161         (c) A description of the type of behavior expected from
  162  each student and employee of a public K-12 educational
  163  institution.
  164         (d) The consequences for a student or employee of a public
  165  K-12 educational institution who commits an act of bullying,
  166  cyberbullying, or harassment.
  167         (e) The consequences for a student or employee of a public
  168  K-12 educational institution who is found to have wrongfully and
  169  intentionally accused another of an act of bullying,
  170  cyberbullying, or harassment.
  171         (f) A procedure for reporting an act of bullying,
  172  cyberbullying, or harassment, including provisions that
  173  authorize permit a person to anonymously report such an act.
  174  However, this paragraph does not authorize permit formal
  175  disciplinary action to be based solely on an anonymous report.
  176         (g) A procedure for the prompt investigation of a report of
  177  bullying, cyberbullying, or harassment and the persons
  178  responsible for the investigation. The investigation of a
  179  reported act of bullying, cyberbullying, or harassment is deemed
  180  to be a school-related activity and begins with a report of such
  181  an act. Incidents that require a reasonable investigation when
  182  reported to appropriate school authorities must shall include
  183  alleged incidents of bullying, cyberbullying, or harassment
  184  allegedly committed against a child while the child is en route
  185  to school aboard a school bus or at a school bus stop.
  186         (h) A process to investigate whether a reported act of
  187  bullying, cyberbullying, or harassment is within the scope of
  188  the district school system and, if not, a process for referral
  189  of such an act to the appropriate jurisdiction. Computers
  190  without web-filtering software, or computers with web-filtering
  191  software that is disabled, shall be used when complaints of
  192  cyberbullying are investigated.
  193         (i) A procedure for providing immediate notification to the
  194  parents of a victim of bullying, cyberbullying, or harassment
  195  and the parents of the perpetrator of an act of bullying,
  196  cyberbullying, or harassment, as well as notification to all
  197  local agencies where criminal charges may be pursued against the
  198  perpetrator.
  199         (j) A procedure to refer victims and perpetrators of
  200  bullying, cyberbullying, or harassment for counseling.
  201         (k) A procedure for including incidents of bullying,
  202  cyberbullying, or harassment in the school’s report of data
  203  concerning school safety and discipline required under s.
  204  1006.09(6). The report must include each incident of bullying,
  205  cyberbullying, or harassment and the resulting consequences,
  206  including discipline and referrals. The report must include in a
  207  separate section each reported incident of bullying,
  208  cyberbullying, or harassment that does not meet the criteria of
  209  a prohibited act under this section with recommendations
  210  regarding such incidents. The Department of Education shall
  211  aggregate information contained in the reports.
  212         (l) A procedure for providing instruction to students,
  213  parents, teachers, school administrators, counseling staff, and
  214  school volunteers on identifying, preventing, and responding to
  215  bullying, cyberbullying, or harassment, and behavior that leads
  216  to bullying, cyberbullying, or harassment.
  217         (m) A procedure for regularly reporting to a victim’s
  218  parents the actions taken to protect the victim.
  219         (n) A procedure for publicizing the policy, which must
  220  include its publication in the code of student conduct required
  221  under s. 1006.07(2) and in all employee handbooks.
  222         (5) To assist school districts in developing policies
  223  prohibiting bullying and harassment, the Department of Education
  224  shall provide develop a model policy that shall be provided to
  225  school districts no later than October 1, 2008. The Department
  226  of Education shall incorporate into such model policy a
  227  prohibition on cyberbullying no later than October 1, 2013. The
  228  department’s model policy must include factors that school
  229  officials must consider when responding to an incident of
  230  bullying, cyberbullying, or harassment which occurs off school
  231  grounds or outside a school-sponsored activity or event. The
  232  model policy must be included in the code of student conduct and
  233  must provide clear notice to a student and his or her parent
  234  that the district may discipline a person who violates this
  235  section.
  236         (6) A school employee, school volunteer, student, or parent
  237  who promptly reports in good faith an act of bullying,
  238  cyberbullying, or harassment to the appropriate school official
  239  designated in the school district’s policy and who makes this
  240  report in compliance with the procedures set forth in the policy
  241  is immune from a cause of action for damages arising out of the
  242  reporting itself or any failure to remedy the reported incident.
  243         (7)(a) The physical location or time of an access of a
  244  computer-related incident or situation cannot be raised as a
  245  defense in any disciplinary action initiated under this section.
  246         (b) This section does not apply to any person who uses data
  247  or computer software that is accessed through a computer,
  248  computer system, or computer network when acting within the
  249  scope of his or her lawful employment or investigating a
  250  violation of this section in accordance with school district
  251  policy. The definitions in s. 815.03 apply to this paragraph.
  252         (8) Distribution of safe schools funds to a school district
  253  provided in the 2014-2015 2009-2010 General Appropriations Act
  254  is contingent upon and payable to the school district upon the
  255  Department of Education’s approval of the school district’s
  256  bullying, cyberbullying, and harassment policy. The department’s
  257  approval of each school district’s bullying, cyberbullying, and
  258  harassment policy shall be granted upon certification by the
  259  department that the school district’s policy has been submitted
  260  to the department and is in substantial conformity with the
  261  department’s model bullying, cyberbullying, and harassment
  262  policy as mandated in subsection (5). Distribution of safe
  263  schools funds provided to a school district in fiscal year 2014
  264  2015 2010-2011 and thereafter shall be contingent upon and
  265  payable to the school district upon the school district’s
  266  compliance with all reporting procedures contained in this
  267  section.
  268         (9) On or before January 1 of each year, the Commissioner
  269  of Education shall report to the Governor, the President of the
  270  Senate, and the Speaker of the House of Representatives on the
  271  implementation of this section. The report shall include data
  272  collected pursuant to paragraph (4)(k).
  273         (10) Nothing in This section does not shall be construed to
  274  abridge the rights of students or school employees which that
  275  are protected by the First Amendment to the Constitution of the
  276  United States.
  277         Section 3. This act shall take effect July 1, 2013.