Florida Senate - 2012 CS for SB 494
By the Committee on Education Pre-K - 12; and Senator Negron
581-02972-12 2012494c1
1 A bill to be entitled
2 An act relating to student health and safety; amending
3 s. 1006.07, F.S.; requiring district school board
4 policies to list the emergency response agencies that
5 are responsible for notifying the school district of
6 emergencies; amending s. 1002.20, F.S.; authorizing a
7 public school to maintain a supply of epinephrine
8 auto-injectors; providing that a physician may
9 prescribe epinephrine auto-injectors to be maintained
10 for emergency use when any student is having an
11 anaphylactic reaction; providing that the supply of
12 epinephrine auto-injectors may be provided to and used
13 by any student authorized to self-administer
14 epinephrine by auto-injector; amending s. 1002.42,
15 F.S.; requiring the emergency response agencies to
16 notify private schools in the school district of
17 emergencies under certain circumstances; authorizing a
18 private school to maintain a supply of epinephrine
19 auto-injectors; providing that a physician may
20 prescribe epinephrine auto-injectors to be maintained
21 for emergency use when any student is having an
22 anaphylactic reaction; providing that the supply of
23 epinephrine auto-injectors may be provided to and used
24 by any student authorized to self-administer
25 epinephrine by auto-injector; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (4) of section 1006.07, Florida
31 Statutes, is amended to read:
32 1006.07 District school board duties relating to student
33 discipline and school safety.—The district school board shall
34 provide for the proper accounting for all students, for the
35 attendance and control of students at school, and for proper
36 attention to health, safety, and other matters relating to the
37 welfare of students, including:
38 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
39 (a) Formulate and prescribe policies and procedures for
40 emergency drills and for actual emergencies, including, but not
41 limited to, fires, natural disasters, and bomb threats, for all
42 the public schools of the district which comprise grades K-12.
43 District school board policies shall include commonly used alarm
44 system responses for specific types of emergencies and
45 verification by each school that drills have been provided as
46 required by law and fire protection codes. The emergency
47 response agency that is responsible for notifying the school
48 district for each type of emergency must be listed in the
49 district’s emergency response policy.
50 (b) The district school board shall Establish model
51 emergency management and emergency preparedness procedures,
52 including emergency notification procedures pursuant to
53 paragraph (a), for the following life-threatening emergencies:
54 1. Weapon-use and hostage situations.
55 2. Hazardous materials or toxic chemical spills.
56 3. Weather emergencies, including hurricanes, tornadoes,
57 and severe storms.
58 4. Exposure as a result of a manmade emergency.
59 Section 2. Paragraph (i) of subsection (3) of section
60 1002.20, Florida Statutes, is amended to read:
61 1002.20 K-12 student and parent rights.—Parents of public
62 school students must receive accurate and timely information
63 regarding their child’s academic progress and must be informed
64 of ways they can help their child to succeed in school. K-12
65 students and their parents are afforded numerous statutory
66 rights including, but not limited to, the following:
67 (3) HEALTH ISSUES.—
68 (i) Epinephrine use and supply.—
69 1. A student who has experienced or is at risk for life
70 threatening allergic reactions may carry an epinephrine auto
71 injector and self-administer epinephrine by auto-injector while
72 in school, participating in school-sponsored activities, or in
73 transit to or from school or school-sponsored activities if the
74 school has been provided with parental and physician
75 authorization. The State Board of Education, in cooperation with
76 the Department of Health, shall adopt rules for such use of
77 epinephrine auto-injectors that shall include provisions to
78 protect the safety of all students from the misuse or abuse of
79 auto-injectors. A school district, county health department,
80 public-private partner, and their employees and volunteers shall
81 be indemnified by the parent of a student authorized to carry an
82 epinephrine auto-injector for any and all liability with respect
83 to the student’s use of an epinephrine auto-injector pursuant to
84 this paragraph.
85 2. A public school may maintain in a locked, secure
86 location on its premises a supply of epinephrine auto-injectors.
87 A physician may prescribe epinephrine auto-injectors in the name
88 of the school to be maintained for emergency use when any
89 student is having an anaphylactic reaction. The supply of
90 epinephrine auto-injectors may be provided to and used by any
91 student authorized to self-administer epinephrine by auto
92 injector under subparagraph 1.
93 Section 3. Subsections (16) and (17) are added to section
94 1002.42, Florida Statutes, to read:
95 1002.42 Private schools.—
96 (16) EMERGENCY PROCEDURES.—The emergency response agencies
97 that are identified in a district school board’s emergency
98 response policy pursuant to s. 1006.07(4) and that are
99 responsible for notifying the school district of an occurrence
100 that threatens student safety shall also notify private schools
101 in the district that request such notification by opting into
102 the district school board’s emergency notification procedures.
103 (17) EPINEPHRINE SUPPLY.—A private school may maintain in a
104 locked, secure location on its premises a supply of epinephrine
105 auto-injectors. A physician may prescribe epinephrine auto
106 injectors in the name of the private school to be maintained for
107 emergency use when any student is having an anaphylactic
108 reaction. The supply of epinephrine auto-injectors may be
109 provided to and used by any student authorized to self
110 administer epinephrine by auto-injector under s. 1002.20(3)(i).
111 Section 4. This act shall take effect July 1, 2012.