Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 888
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                

       The Committee on Fiscal Policy (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 29 and 30
    4  insert:
    5         Section 2. Subsection (3) of section 1012.39, Florida
    6  Statutes, is amended to read:
    7         1012.39 Employment of substitute teachers, teachers of
    8  adult education, nondegreed teachers of career education, and
    9  career specialists; students performing clinical field
   10  experience.—
   11         (3) A student who is enrolled in a state-approved teacher
   12  preparation program in a postsecondary educational institution
   13  that is approved by rules of the State Board of Education and
   14  who is jointly assigned by the postsecondary educational
   15  institution and a district school board to perform a clinical
   16  field experience under the direction of a regularly employed and
   17  certified educator shall, while serving such supervised clinical
   18  field experience, be accorded the same protection of law as that
   19  accorded to the certified educator except for the right to
   20  bargain collectively as an employee of the district school
   21  board. The district school board providing the clinical field
   22  experience shall notify the student electronically or in writing
   23  regarding the availability of educator liability insurance under
   24  s. 1012.75. A postsecondary educational institution or district
   25  school board may not require a student enrolled in a state
   26  approved teacher preparation program to purchase liability
   27  insurance as a condition of participation in any clinical field
   28  experience or related activity on the premises of an elementary
   29  or secondary school.
   30         Section 3. Section 1012.75, Florida Statutes, is amended to
   31  read:
   32         1012.75 Liability of teacher or principal; excessive
   33  force.—
   34         (1) Except in the case of excessive force or cruel and
   35  unusual punishment, a teacher or other member of the
   36  instructional staff, a principal or the principal’s designated
   37  representative, or a bus driver shall not be civilly or
   38  criminally liable for any action carried out in conformity with
   39  State Board of Education and district school board rules
   40  regarding the control, discipline, suspension, and expulsion of
   41  students, including, but not limited to, any exercise of
   42  authority under s. 1003.32 or s. 1006.09.
   43         (2) The State Board of Education shall adopt rules that
   44  outline administrative standards for the use of reasonable force
   45  by school personnel to maintain a safe and orderly learning
   46  environment. Such standards shall be distributed to each school
   47  in the state and shall provide guidance to school personnel in
   48  receiving the limitations on liability specified in this
   49  section.
   50         (3) Beginning with the 2015-2016 school year, the
   51  Department of Education shall administer an educator liability
   52  insurance program, as provided in the General Appropriations
   53  Act, to protect full-time instructional personnel, as defined by
   54  the district school board, from liability for monetary damages
   55  and the cost of defense of actions resulting from claims made
   56  against them arising out of occurrences in the course of
   57  activities in their professional capacity. For purposes of this
   58  subsection, the term “instructional personnel” has the same
   59  meaning as in s. 1012.01(2).
   60         (a) Liability coverage in an amount not less than $2
   61  million must be provided to all full-time instructional
   62  personnel, as defined by the district school board. Liability
   63  coverage may be provided at cost to the following individuals
   64  who choose to participate in the program: part-time
   65  instructional personnel, as defined by the district school
   66  board; administrative personnel, as defined by the district
   67  school board; and students, as described in s. 1012.39(3).
   68         (b) Each district school board shall annually notify
   69  personnel specified in paragraph (a) regarding the liability
   70  coverage provided pursuant to this section by August 1. The
   71  department shall develop the form of the notice to be used by
   72  each district school board. The notice shall be on an 8 1/2 by 5
   73  1/2-inch postcard and include the amount of coverage, a general
   74  description of the nature of the coverage, and the contact
   75  information for coverage and claims questions. The notification
   76  must be provided separately from any other correspondence. Each
   77  district school board shall certify to the department by August
   78  5 of each year that the notification required by this subsection
   79  has been provided.
   80         (c) The department shall consult with the Department of
   81  Financial Services to select the most economically prudent and
   82  cost-effective means of implementing the program through self
   83  insurance, a risk management program, or competitive
   84  procurement.
   86  ================= T I T L E  A M E N D M E N T ================
   87  And the title is amended as follows:
   88         Delete lines 2 - 5
   89  and insert:
   90         An act relating to education personnel; amending s.
   91         39.202, F.S.; authorizing certain employees or agents
   92         of the Department of Education to have access to
   93         certain reports and records; amending s. 1012.39,
   94         F.S.; providing requirements regarding liability
   95         insurance for students participating in clinical field
   96         experience; amending s. 1012.75, F.S.; requiring the
   97         department to establish an educator liability
   98         insurance program; specifying program administration
   99         and eligibility requirements; amending