Florida Senate - 2012                                    SB 1698
       
       
       
       By Senator Wise
       
       
       
       
       5-00864C-12                                           20121698__
    1                        A bill to be entitled                      
    2         An act relating to teacher protection; providing a
    3         short title; creating s. 16.0152, F.S.; authorizing
    4         certain teachers who are made a party to a civil suit
    5         to request representation by the Attorney General;
    6         requiring the Attorney General to defend the teacher
    7         if the Attorney General determines that the suit has
    8         arisen out of an act that the teacher in good faith
    9         believed was within the scope of his or her duties;
   10         requiring annual notice to teachers of their options
   11         under this provision; providing that certain
   12         determinations by the Attorney General are not
   13         admissible in evidence; providing construction;
   14         amending s. 447.203, F.S.; excluding certain
   15         professional teacher associations from the definition
   16         of “employee organization” for purposes of provisions
   17         relating to public employee organizations unless such
   18         associations apply for registration under specified
   19         provisions; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. This act may be cited as the “Teacher Protection
   24  Act.”
   25         Section 2. Section 16.0152, Florida Statutes, is created to
   26  read:
   27         16.0152 Suits against K-12 classroom teachers; defense by
   28  Attorney General.—
   29         (1) A K-12 classroom teacher as defined in s.
   30  1012.01(2)(a), other than a substitute teacher, who is made a
   31  party to a civil suit for enforcing discipline policies
   32  developed under s. 1003.32 may request legal representation by
   33  the Attorney General. Such request must be in writing and
   34  submitted to the Attorney General as soon as possible, but no
   35  later than 14 days after the teacher receives the complaint.
   36         (2) The Attorney General shall defend the teacher
   37  throughout the civil action if the Attorney General determines
   38  that the suit has arisen out of an act that the teacher in good
   39  faith believed was within the scope of the teacher’s duties in
   40  enforcing discipline policies developed under s. 1003.32.
   41         (3) No later than August 15 of each year, the Attorney
   42  General shall draft and the Commissioner of Education shall
   43  disseminate a notice to each K-12 classroom teacher concerning
   44  the teacher’s options under this section.
   45         (4) A determination made by the Attorney General not to
   46  represent a teacher under this section is not admissible as
   47  evidence in the trial of any such civil action.
   48         (5) This section does not deprive any person of the
   49  person’s right to select counsel of the person’s own choice at
   50  the person’s own expense.
   51         Section 3. Subsection (11) of section 447.203, Florida
   52  Statutes, is amended to read:
   53         447.203 Definitions.—As used in this part:
   54         (11) “Employee organization” or “organization” means any
   55  labor organization, union, association, fraternal order,
   56  occupational or professional society, or group, however
   57  organized or constituted, which represents, or seeks to
   58  represent, any public employee or group of public employees
   59  concerning any matters relating to their employment relationship
   60  with a public employer, except that a “professional teacher
   61  association” as defined in s. 1001.03(4) shall not be included
   62  in this definition until it applies for registration pursuant to
   63  s. 447.305.
   64         Section 4. This act shall take effect July 1, 2012.