Florida Senate - 2013                                     SB 626
       
       
       
       By Senator Bullard
       
       
       
       
       39-00835-13                                            2013626__
    1                        A bill to be entitled                      
    2         An act relating to bullying in the public school
    3         system; amending s. 1006.147, F.S.; revising
    4         provisions prohibiting bullying or harassment of a
    5         student or school employee through the use of
    6         computer-related activities; prohibiting bullying
    7         through the use of data or computer software that is
    8         accessed at a nonschool-related location or activity
    9         if certain conditions are met; providing that bullying
   10         includes cyberbullying; revising the list of behaviors
   11         that indicate possible bullying; defining the terms
   12         “cyberbullying” and “within the scope of a public K-12
   13         educational institution”; requiring that each school
   14         district include in its districtwide policy
   15         instruction on recognizing behaviors that lead to
   16         bullying and harassment and taking appropriate
   17         preventive action; requiring that any complaint of a
   18         computer-related incident be investigated by a school
   19         district official using a computer on which web
   20         filtering software is not installed; providing an
   21         effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (2) and (3) and paragraph (l) of
   26  subsection (4) of section 1006.147, Florida Statutes, are
   27  amended, and paragraph (c) is added to subsection (7) of that
   28  section, to read:
   29         1006.147 Bullying and harassment prohibited.—
   30         (2) Bullying or harassment of any student or employee of a
   31  public K-12 educational institution is prohibited:
   32         (a) During any education program or activity conducted by a
   33  public K-12 educational institution;
   34         (b) During any school-related or school-sponsored program
   35  or activity or on a school bus of a public K-12 educational
   36  institution; or
   37         (c) Through the use of data or computer software that is
   38  accessed through a computer, computer system, or computer
   39  network within the scope of a public K-12 educational
   40  institution; or
   41         (d) Through the use of data or computer software that is
   42  accessed at a nonschool-related location, activity, function, or
   43  program or through the use of technology or an electronic device
   44  that is not owned, leased, or used by a school district or
   45  school, if the bullying creates a hostile environment at school
   46  for the victim, infringes on the rights of the victim at school,
   47  or materially or substantially disrupts the education process or
   48  the orderly operation of a school. This paragraph does not
   49  require a school to staff any nonschool-related activity,
   50  function, or program.
   51         (3) For purposes of this section:
   52         (a) “Bullying” includes cyberbullying and means
   53  systematically and chronically inflicting physical hurt or
   54  psychological distress on one or more students and may involve:
   55         1. Teasing;
   56         2. Social exclusion;
   57         3. Threat;
   58         4. Intimidation;
   59         5. Stalking;
   60         6. Physical violence;
   61         7. Theft;
   62         8. Sexual, religious, or racial harassment;
   63         9. Public or private humiliation; or
   64         10. Emotional pain or discomfort; or
   65         11.10. Destruction of property.
   66         (b) “Cyberbullying” means bullying through the use of
   67  technology or any electronic communication, which includes, but
   68  is not limited to, any transfer of signs, signals, writing,
   69  images, sounds, data, or intelligence of any nature transmitted
   70  in whole or in part by a wire, radio, electromagnetic system,
   71  photoelectronic system, or photooptical system, including, but
   72  not limited to, electronic mail, Internet communications,
   73  instant messages, or facsimile communications. Cyberbullying
   74  includes the creation of a webpage or weblog in which the
   75  creator assumes the identity of another person, or the knowing
   76  impersonation of another person as the author of posted content
   77  or messages, if the creation or impersonation creates any of the
   78  conditions enumerated in the definition of bullying.
   79  Cyberbullying also includes the distribution by electronic means
   80  of a communication to more than one person or the posting of
   81  material on an electronic medium that may be accessed by one or
   82  more persons, if the distribution or posting creates any of the
   83  conditions enumerated in the definition of bullying.
   84         (c)(b) “Harassment” means any threatening, insulting, or
   85  dehumanizing gesture, use of data or computer software, or
   86  written, verbal, or physical conduct directed against a student
   87  or school employee that:
   88         1. Places a student or school employee in reasonable fear
   89  of harm to his or her person or damage to his or her property;
   90         2. Has the effect of substantially interfering with a
   91  student’s educational performance, opportunities, or benefits;
   92  or
   93         3. Has the effect of substantially disrupting the orderly
   94  operation of a school.
   95         (d) “Within the scope of a public K-12 educational
   96  institution” means, regardless of ownership, any computer,
   97  computer system, or computer network that is physically located
   98  on school property or at a school-related or school-sponsored
   99  program or activity.
  100         (e)(c) Definitions in s. 815.03 and the definition in s.
  101  784.048(1)(d) relating to stalking are applicable to this
  102  section.
  103         (f)(d) The definitions of “bullying” and “harassment”
  104  include:
  105         1. Retaliation against a student or school employee by
  106  another student or school employee for asserting or alleging an
  107  act of bullying or harassment. Reporting an act of bullying or
  108  harassment that is not made in good faith is considered
  109  retaliation.
  110         2. Perpetuation of conduct listed in paragraph (a), or
  111  paragraph (b), or paragraph (c) by an individual or group with
  112  intent to demean, dehumanize, embarrass, or cause physical harm
  113  to a student or school employee by:
  114         a. Incitement or coercion;
  115         b. Accessing or knowingly causing or providing access to
  116  data or computer software through a computer, computer system,
  117  or computer network within the scope of the district school
  118  system; or
  119         c. Acting in a manner that has an effect substantially
  120  similar to the effect of bullying or harassment.
  121         (4) By December 1, 2008, each school district shall adopt a
  122  policy prohibiting bullying and harassment of any student or
  123  employee of a public K-12 educational institution. Each school
  124  district’s policy shall be in substantial conformity with the
  125  Department of Education’s model policy mandated in subsection
  126  (5). The school district bullying and harassment policy shall
  127  afford all students the same protection regardless of their
  128  status under the law. The school district may establish separate
  129  discrimination policies that include categories of students. The
  130  school district shall involve students, parents, teachers,
  131  administrators, school staff, school volunteers, community
  132  representatives, and local law enforcement agencies in the
  133  process of adopting the policy. The school district policy must
  134  be implemented in a manner that is ongoing throughout the school
  135  year and integrated with a school’s curriculum, a school’s
  136  discipline policies, and other violence prevention efforts. The
  137  school district policy must contain, at a minimum, the following
  138  components:
  139         (l) A procedure for providing instruction to students,
  140  parents, teachers, school administrators, counseling staff, and
  141  school volunteers on identifying, preventing, and responding to
  142  bullying or harassment, including instruction on recognizing
  143  behaviors that lead to bullying and harassment and taking
  144  appropriate preventive action based on each of those
  145  observations.
  146         (7)
  147         (c) Any complaint of a computer-related incident must be
  148  investigated by a school district official using a computer on
  149  which web-filtering software is not installed.
  150         Section 2. This act shall take effect July 1, 2013.