Florida Senate - 2021                                     SB 358
       By Senator Berman
       31-00382B-21                                           2021358__
    1                        A bill to be entitled                      
    2         An act relating to water safety; providing a short
    3         title; amending s. 1002.20, F.S.; providing an
    4         exemption from certain water safety and swimming
    5         certifications for a child whose parent follows a
    6         specified procedure; creating s. 1003.225, F.S.;
    7         defining the term “water safety”; requiring district
    8         school boards and the governing authorities of private
    9         schools to require certain children to present a
   10         specified certificate beginning in a certain school
   11         year; requiring that such certification comply with
   12         certain adopted rules; providing that a parent of
   13         specified children is responsible for compliance with
   14         this section; providing an exemption; requiring the
   15         State Board of Education, subject to the concurrence
   16         of the Department of Health, to adopt certain rules by
   17         a specified date; providing that certain persons are
   18         not liable for specified injuries; exempting persons
   19         admitted to or attending adult education classes
   20         unless such persons are under a specified age;
   21         amending ss. 381.88 and 1002.42, F.S.; conforming
   22         cross-references; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. This act may be cited as the “Edna Mae McGovern
   27  Act.”
   28         Section 2. Present paragraphs (c) through (m) of subsection
   29  (3) of section 1002.20, Florida Statutes, are redesignated as
   30  paragraphs (d) through (n), respectively, and a new paragraph
   31  (c) is added to that subsection, to read:
   32         1002.20 K-12 student and parent rights.—Parents of public
   33  school students must receive accurate and timely information
   34  regarding their child’s academic progress and must be informed
   35  of ways they can help their child to succeed in school. K-12
   36  students and their parents are afforded numerous statutory
   37  rights including, but not limited to, the following:
   38         (3) HEALTH ISSUES.—
   39         (c) Water safety and swimming certification.—A child is
   40  exempt from the requirement of presenting a certificate of
   41  having successfully completed a nationally recognized water
   42  safety education course and nationally recognized age
   43  appropriate swimming lessons upon written request from his or
   44  her parent in accordance with s. 1003.225(3).
   45         Section 3. Section 1003.225, Florida Statutes, is created
   46  to read:
   47         1003.225 Water safety and swimming certification.—
   48         (1) For the purposes of this section, the term “water
   49  safety” means age-appropriate education intended to promote
   50  safety in, on, and around bodies of water and reduce the risk of
   51  injury or drowning.
   52         (2) Beginning with the 2022-2023 school year, each district
   53  school board and the governing authority of each private school
   54  must require each child who is entitled to admittance to
   55  kindergarten, or who is entitled to any other initial entrance
   56  into a public or private school in this state, to present a
   57  certificate of having successfully completed a nationally
   58  recognized water safety education course and nationally
   59  recognized age-appropriate swimming lessons within 1 year before
   60  enrollment in school. Such certification must comply with the
   61  rules adopted by the State Board of Education pursuant to
   62  subsection (4).
   63         (3) A parent of a child admitted to, or in attendance at, a
   64  Florida public or private school in prekindergarten through
   65  grade 12 is responsible for assuring that his or her child is in
   66  compliance with this section. A child is exempt from the
   67  certification requirement of subsection (2) if his or her parent
   68  submits a written objection, based on any grounds, to the school
   69  in which the child is enrolled or into which the child is
   70  entering.
   71         (4) Subject to the concurrence of the Department of Health,
   72  the State Board of Education shall adopt rules necessary to
   73  administer and enforce this section by the beginning of the
   74  2022-2023 school year. The rules must prescribe the form of the
   75  certification required by subsection (2) and define “nationally
   76  recognized,” “water safety education course,” and “age
   77  appropriate swimming lessons.”
   78         (5) A member or an employee of a district school board, or
   79  a member or an employee of the governing board of a private
   80  school, is not liable for any injury caused by swimming lessons
   81  undertaken by a child pursuant to this section.
   82         (6) This section does not apply to those persons admitted
   83  to or attending adult education classes unless such students are
   84  under 21 years of age.
   85         Section 4. Paragraph (b) of subsection (2) of section
   86  381.88, Florida Statutes, is amended to read:
   87         381.88 Emergency allergy treatment.—
   88         (2) As used in this section and s. 381.885, the term:
   89         (b) “Authorized entity” means an entity or organization at
   90  or in connection with which allergens capable of causing a
   91  severe allergic reaction may be present. The term includes, but
   92  is not limited to, restaurants, recreation camps, youth sports
   93  leagues, theme parks and resorts, and sports arenas. However, a
   94  school as described in s. 1002.20(3)(j) s. 1002.20(3)(i) or s.
   95  1002.42(17)(b) is an authorized entity for the purposes of s.
   96  381.885(4) and (5) only.
   97         Section 5. Paragraph (a) of subsection (17) of section
   98  1002.42, Florida Statutes, is amended to read:
   99         1002.42 Private schools.—
  100         (17) EPINEPHRINE SUPPLY.—
  101         (a) A private school may purchase a supply of epinephrine
  102  auto-injectors from a wholesale distributor as defined in s.
  103  499.003 or may enter into an arrangement with a wholesale
  104  distributor or manufacturer as defined in s. 499.003 for the
  105  epinephrine auto-injectors at fair-market, free, or reduced
  106  prices for use in the event a student has an anaphylactic
  107  reaction. The epinephrine auto-injectors must be maintained in a
  108  secure location on the private school’s premises. The
  109  participating private school shall adopt a protocol developed by
  110  a licensed physician for the administration by private school
  111  personnel who are trained to recognize an anaphylactic reaction
  112  and to administer an epinephrine auto-injection. The supply of
  113  epinephrine auto-injectors may be provided to and used by a
  114  student authorized to self-administer epinephrine by auto
  115  injector under s. 1002.20(3)(j) s. 1002.20(3)(i) or trained
  116  school personnel.
  117         Section 6. This act shall take effect July 1, 2021.