| 1 | The Civil Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to student and parent rights; amending s. |
| 7 | 1002.20, F.S.; authorizing certain K-12 students to self- |
| 8 | administer epinephrine by auto-injector under certain |
| 9 | circumstances; requiring the adoption of rules; providing |
| 10 | for indemnification; providing an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Paragraph (i) is added to subsection (3) of |
| 15 | section 1002.20, Florida Statutes, to read: |
| 16 | 1002.20 K-12 student and parent rights.--Parents of public |
| 17 | school students must receive accurate and timely information |
| 18 | regarding their child's academic progress and must be informed |
| 19 | of ways they can help their child to succeed in school. K-12 |
| 20 | students and their parents are afforded numerous statutory |
| 21 | rights including, but not limited to, the following: |
| 22 | (3) HEALTH ISSUES.-- |
| 23 | (i) Epinephrine use.--A student who has experienced or is |
| 24 | at risk for life-threatening allergic reactions may carry an |
| 25 | epinephrine auto-injector and self-administer epinephrine by |
| 26 | auto-injector while in school, participating in school-sponsored |
| 27 | activities, or in transit to or from school or school-sponsored |
| 28 | activities if the school has been provided with parental and |
| 29 | physician authorization. The State Board of Education, in |
| 30 | cooperation with the Department of Health, shall adopt rules for |
| 31 | such use of epinephrine auto-injectors that shall include |
| 32 | provisions to protect the safety of all students from the misuse |
| 33 | or abuse of auto-injectors. A school district, county health |
| 34 | department, public-private partner, and their employees and |
| 35 | volunteers shall be indemnified by the parent of a student |
| 36 | authorized to carry an epinephrine auto-injector for any and all |
| 37 | liability with respect to the student's use of an epinephrine |
| 38 | auto-injector pursuant to this paragraph. |
| 39 | Section 2. This act shall take effect January 1, 2006. |