HB 0017 2003
1	A bill to be entitled
2	An act relating to public K-12 education; creating s.
3	1003.09, F.S.; providing a definition of the term “school
4	property”; requiring reports to law enforcement agencies
5	or agents of forcible felonies, or threats of forcible
6	felonies, on school property; providing penalties for
7	noncompliance; providing that a person reporting in good
8	faith shall be immune from liability; prohibiting immunity
9	to suspected persons; prohibiting reprisal or discharge
10	due to reporting; providing for civil cause of action
11	under certain circumstances; providing an effective date.
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13	Be It Enacted by the Legislature of the State of Florida:
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15	Section 1. Section 1003.09, Florida Statutes, is created
16	to read:
17	1003.09 Mandatory reports of forcible felonies, or threats
18	of forcible felonies, on school property.--
19	(1) For purposes of this section, “school property” means
20	the grounds or facilities of any elementary school, middle or
21	junior high school, secondary or high school, or area technical
22	center.
23	(2) Any person, including, but not limited to:
24	(a) A member of a school’s instructional personnel,
25	administrative personnel, educational support personnel, or
26	other personnel;
27	(b) A health or mental health professional;
28	(c) A practitioner who relies solely on spiritual means
29	for healing; or
30	(d) A social worker,
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32	who knows, or has reasonable cause to suspect, that any person
33	has made a threat to commit or has committed a forcible felony,
34	as defined by s. 776.08, on school property shall immediately,
35	by the quickest means of communication, give notice to the local
36	municipal police department, the county sheriff, school district
37	law enforcement, or the Department of Law Enforcement.
38	(3) Any person who is required to report known threats or
39	commission of a forcible felony on school property, and who
40	knowingly and willfully fails to do so, or who knowingly and
41	willfully prevents another person from doing so, commits a
42	misdemeanor of the second degree, punishable as provided in s.
43	775.082 or s. 775.083.
44	(4)(a) Any person reporting in good faith any instance of
45	a threat or commission of a forcible felony to a law enforcement
46	agency or agent pursuant to this section shall be immune from
47	any civil or criminal liability that might otherwise result by
48	reason of such action.
49	(b) Nothing contained in this section shall be deemed to
50	grant civil or criminal immunity to any person suspected of
51	having threatened to commit or having committed a forcible
52	felony on school property.
53	(5)(a) No person may be subjected to reprisal or discharge
54	because of his or her actions in reporting a threat or
55	commission of a forcible felony on school property pursuant to
56	the requirements of this section.
57	(b) Any person making a report pursuant to this section
58	shall have a civil cause of action for appropriate compensatory
59	and punitive damages against any person who causes detrimental
60	changes in the residency or employment status of such reporting
61	party by reason of his or her making such report. Any
62	detrimental change made in the residency or employment status of
63	such person, including, but not limited to, discharge,
64	termination, demotion, transfer, or reduction in pay or benefits
65	or work privileges, or negative evaluations within a prescribed
66	period of time, shall establish a rebuttable presumption that
67	such action was retaliatory.
68	Section 2. This act shall take effect July 1, 2003.
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