CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1052
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator .................... moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 0, delete everything after the enacting clause
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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
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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.
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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.
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24 And the title is amended as follows:
25 Delete everything before the enacting clause
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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
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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.
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