Senate Bill sb2116

    Florida Senate - 2003                                  SB 2116

    By Senator Smith





    14-737-03                                            See HB 17

  1                      A bill to be entitled

  2         An act relating to public K-12 education;

  3         creating s. 1003.09, F.S.; providing a

  4         definition of the term "school property";

  5         requiring reports to law enforcement agencies

  6         or agents of forcible felonies, or threats of

  7         forcible felonies, on school property;

  8         providing penalties for noncompliance;

  9         providing that a person reporting in good faith

10         shall be immune from liability; prohibiting

11         immunity to suspected persons; providing for

12         civil cause of action under certain

13         circumstances; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 1003.09, Florida Statutes, is

18  created to read:

19         1003.09  Mandatory reports of forcible felonies, or

20  threats of forcible felonies, on school property.--

21         (1)  For purposes of this section, "school property

22  means the grounds or facilities of any elementary school,

23  middle or junior high school, secondary or high school, or

24  area technical center.

25         (2)  Any person, including, but not limited to, a

26  member of a school's instructional personnel, administrative

27  personnel, educational support personnel, or other personnel,

28  who knows, or has reasonable cause to suspect, that any person

29  has made a threat to commit or has committed a forcible

30  felony, as defined by s. 776.08, on school property shall

31  immediately give notice to the local municipal police

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






    Florida Senate - 2003                                  SB 2116
    14-737-03                                            See HB 17




 1  department, the county sheriff, school district law

 2  enforcement, or the Department of Law Enforcement.

 3         (3)  Any person who is required to report known threats

 4  or commission of a forcible felony on school property, and who

 5  knowingly and willfully fails to do so, or who knowingly and

 6  willfully prevents another person from doing so, commits a

 7  misdemeanor of the second degree, punishable as provided in s.

 8  775.082 or s. 775.083.

 9         (4)(a)  Any person reporting in good faith any instance

10  of a threat or commission of a forcible felony to a law

11  enforcement agency or agent pursuant to this section shall be

12  immune from any civil or criminal liability that might

13  otherwise result by reason of such action.

14         (b)  Nothing contained in this section shall be deemed

15  to grant civil or criminal immunity to any person suspected of

16  having threatened to commit or having committed a forcible

17  felony on school property.

18         (5)  Any person who is detrimentally affected as a

19  result of making a report pursuant to this section may bring a

20  civil cause of action to seek compensatory damage or other

21  appropriate relief.

22         Section 2.  This act shall take effect July 1, 2003.

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