CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 1052

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                 .
                                   .
  2                                 .
                                   .
  3                                 .
                                   .
  4                                                                

  5

  6

  7

  8

  9

10                                                                

11  Senator .................... moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 0, delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Civil immunity of district school board

18  from liability for certain incidents arising out of community

19  or recreational use of school property or facilities.--

20         (1) LEGISLATIVE INTENT.--The Legislature declares its

21  intent to encourage the use of facilities and property of the

22  district school system for recreational and community

23  purposes. To this end, the Legislature intends to make each

24  district school board immune from tort liability for injury or

25  death, loss, or other damages arising out of, and incurred as

26  a direct result of the negligent or intentional acts or

27  omissions of persons or entities other than the school

28  district, its agents, employees or students who are using the

29  school plant or other facilities or property of the district

30  school system for recreational or community purposes.

31         (2)  DEFINITION.--As used in this act, the term

                                  1
    7:53 AM   03/24/97                                 s1052c-?bma




                                                  SENATE AMENDMENT

    Bill No. SB 1052

    Amendment No.    





  1  "recreational or community purposes" means activities

  2  unrelated to the regular functions or operation of the school

  3  district for which the district school board permits the use

  4  of the school plant or other facilities or property of the

  5  district school system, regardless of whether students or

  6  other persons participate in the activities, including, but

  7  not limited to, such indoor or outdoor events as meetings or

  8  lectures held in school classrooms by community groups or

  9  nonprofit agencies or organizations, community concerts or

10  community theater productions held in the school auditorium,

11  amateur sports and games Æother than those in which school

12  teams are participating andº held on school athletic playing

13  fields, or neighborhood jogging occurring on the school track.

14         (3)  IMMUNITY OF SCHOOL BOARD FROM CIVIL

15  LIABILITY.--Notwithstanding s. 234.03, s. 768.28, Florida

16  Statutes, or any other provision to the contrary, a district

17  school board, or any of its officers or employees,

18  instructional personnel or staff, administrative personnel or

19  other personnel, school volunteers or teacher's aides, or

20  agents shall not be vicariously liable for the negligent acts

21  or omissions of any person or entity not associated with the

22  school district, related to the use for recreational or

23  community purposes of the school plant, as defined in s.

24  228.041, Florida Statutes, or other facilities or property of

25  the district school system.  Furthermore, notwithstanding any

26  other provision of law to the contrary, no entity or person

27  who, pursuant to this act, is immune from liability or

28  nonamenable to judgment in a civil action for damages to an

29  injured person shall be deemed or found in said action to be

30  in any way at fault or responsible for the injury that gave

31  rise to those damages.

                                  2
    7:53 AM   03/24/97                                 s1052c-?bma




                                                  SENATE AMENDMENT

    Bill No. SB 1052

    Amendment No.    





  1         (4)  EXCEPTION.--The immunity and exemption from civil

  2  liability provided for in this section does not apply to the

  3  negligent or intentional acts or omissions of a district

  4  school board, or any of its officers or employees,

  5  instructional personnel or staff, administrative personnel or

  6  other personnel, school volunteers or teacher's aides, or

  7  agents.  The immunity and exemption from civil liability

  8  provided for in this section does not apply where the school

  9  board or any of its officers, employees or agents fails to act

10  with reasonable care in permitting the use of its facilities,

11  nor does it apply to a latent dangerous condition of the

12  school plant as defined in s. 228.041(7), Florida Statutes, or

13  other facilities or property of the district school system

14  where the school board or any of its officers, employees or

15  agents has knowledge of such latent dangerous condition and

16  has not disclosed such condition to persons coming on the

17  property or provided a warning of such latent dangerous

18  condition.

19         Section 2.  This act shall take effect upon becoming a

20  law.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         Delete everything before the enacting clause

26

27  and insert:

28                      A bill to be entitled

29         An act relating to civil immunity of the

30         district school board; providing legislative

31         intent; exempting the district school board and

                                  3
    7:53 AM   03/24/97                                 s1052c-?bma




                                                  SENATE AMENDMENT

    Bill No. SB 1052

    Amendment No.    





  1         its officers or employees, instructional

  2         personnel or staff, administrative personnel or

  3         other personnel, school volunteers or teacher's

  4         aides, or agents from certain liabilities for

  5         tort and other civil claims arising out of, and

  6         directly resulting from, use of school property

  7         or facilities for "recreational or community

  8         purposes," as defined; providing an exception;

  9         providing an effective date.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4
    7:53 AM   03/24/97                                 s1052c-?bma