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House Bill 1949

Florida House of Representatives - 1997 HB 1949 By Representative Jacobs 1 A bill to be entitled 2 An act relating to civil immunity of the 3 district school board; providing legislative 4 intent; exempting the district school board and 5 its officers or employees, instructional 6 personnel or staff, administrative personnel or 7 other personnel, school volunteers or teacher's 8 aides, or agents from certain liabilities for 9 tort and other civil claims arising out of, and 10 directly resulting from, use of school property 11 or facilities for "recreational or community 12 purposes," as defined; providing an exception; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1949 542-151B-97 1 (2) DEFINITION.--As used in this act, the term 2 "recreational or community purposes" means activities 3 unrelated to the regular functions or operation of the school 4 district for which the district school board permits the use 5 of the school plant or other facilities or property of the 6 district school system, regardless of whether students or 7 other persons participate in the activities, including, but 8 not limited to, such indoor or outdoor events as meetings or 9 lectures held in school classrooms by community groups or 10 nonprofit agencies or organizations; community concerts or 11 community theater productions held in the school auditorium; 12 amateur sports and games held on school athletic playing 13 fields, other than those in which school teams are 14 participating; or neighborhood jogging occurring on the school 15 track. 16 (3) IMMUNITY OF SCHOOL BOARD FROM CIVIL 17 LIABILITY.--Notwithstanding s. 234.03, s. 768.28, Florida 18 Statutes, or any other provision to the contrary, a district 19 school board, or any of its officers or employees, 20 instructional personnel or staff, administrative personnel or 21 other personnel, school volunteers or teacher's aides, or 22 agents shall not be vicariously liable for the negligent acts 23 or omissions of any person or entity not associated with the 24 school district, related to the use for recreational or 25 community purposes of the school plant, as defined in s. 26 228.041, Florida Statutes, or other facilities or property of 27 the district school system. Furthermore, notwithstanding any 28 other provision of law to the contrary, no entity or person 29 who, pursuant to this act, is immune from liability or 30 nonamenable to judgment in a civil action for damages to an 31 injured person shall be deemed or found in said action to be 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1949 542-151B-97 1 in any way at fault or responsible for the injury that gave 2 rise to those damages. 3 (4) EXCEPTION.--The immunity and exemption from civil 4 liability provided for in this section does not apply to the 5 negligent or intentional acts or omissions of a district 6 school board, or any of its officers or employees, 7 instructional personnel or staff, administrative personnel or 8 other personnel, school volunteers or teacher's aides, or 9 agents. The immunity and exemption from civil liability 10 provided for in this section does not apply where the school 11 board or any of its officers, employees or agents fails to act 12 with reasonable care in permitting the use of its facilities, 13 nor does it apply to a latent dangerous condition of the 14 school plant as defined in s. 228.041(7), Florida Statutes, or 15 other facilities or property of the district school system 16 where the school board or any of its officers, employees or 17 agents has knowledge of such latent dangerous condition and 18 has not disclosed such condition to persons coming on the 19 property or provided a warning of such latent dangerous 20 condition. 21 Section 2. This act shall take effect upon becoming a 22 law. 23 24 ***************************************** 25 HOUSE SUMMARY 26 Provides that, notwithstanding specified provisions 27 waiving sovereign immunity, the district school board and its officers or employees, instructional personnel or 28 staff, administrative personnel or other personnel, school volunteers or teacher's aides, or agents are not 29 subject to certain liabilities for tort and other civil claims arising out of, and directly resulting from, use 30 of school property or facilities for "recreational or community purposes," as defined. Provides an exception. 31 3