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FERMA

FERMA. 2013 SUMMER CONFERENCE Wednesday, July 10, 2013 Lisa J. Augspurger, Esq. Bush & Augspurger, P.A. 2013 LEGISLATIVE UPDATE. TABLE OF CONTENTS. 1. HB 7123 “Sovereign Immunity” 2. Chapter 2013-27 “K-20 Education” 3. Chapter 2013-35 “Repeal of Education Provisions”. HB 7123.

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FERMA

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  1. FERMA 2013 SUMMER CONFERENCE Wednesday, July 10, 2013 Lisa J. Augspurger, Esq. Bush & Augspurger, P.A.

  2. 2013LEGISLATIVE UPDATE

  3. TABLE OF CONTENTS 1. HB 7123 “Sovereign Immunity” 2. Chapter 2013-27 “K-20 Education” 3. Chapter 2013-35 “Repeal of Education Provisions”

  4. HB 7123 • - died in appropriations committee; • -would have removed 4 year statute of limitations (from date after accrued); • -would have changed claims bill process; • -would have changed 768.28 to be referred to as "Florida Fair Claims Act"; • -would have had liability tried by jury; damages assessed thereafter by judge.

  5. -future medical damages would be paid into a special needs trust; • -all other future damages also paid into a trust and distributed annually to the claimant; • -allows for an annuity to be purchased to fund the trust; • upon death of claimant = remaining funds revert to the state agency or political subdivision

  6. defines political subdivision as including special tax school districts .... ; • insurance purchased to 3X statutory limit would allow any claims bills to be treated as claims bill against state - to be paid from state funds; • excess judgment could be pursued if insurer acted in bad faith;

  7. -would give new cap of $1million as to political subdivisions; with a $1.5million cap as to all claims from same incident; • maintained $200k/$300k cap as to other state entities; • -adjustments to caps every July 1st based on consumer price index; • would have applied to claims arising after October 1, 2013.

  8. TABLE OF CONTENTS 4. Chapter 2013-45 multiple changes to education 5. Chapter 2013-51 multiple changes to education 6. Chapter 2013-63 “School Emergencies”

  9. http://laws.flrules.org

  10. school emergencies • purchase, storage and use of epinephrine auto-injectors; • establish protocol by a licensed physician for the administration by school personnel trained to recognize and administer epinephrine for an anaphylactic reaction; • school district liable only in certain circumstances (willful and wanton);

  11. includes private schools; • also requires the emergency response agency that is responsible for notifying the school district for each type of emergency must be listed in the district's emergency response policy; • private schools can opt-in to district plan to be notified too.

  12. TABLE OF CONTENTS 7. Chapter 2013-73 “Background Screening for Non-Instructional Contractors on School Grounds”

  13. non-instuctional contractors • DOE to create a uniform, statewide identification badge; • valid for 5 years; • does not apply to those exempt under section 1012.468, F.S.; • eliminates need for contractors who work in multiple school districts to get multiple badges.

  14. TABLE OF CONTENTS 8. Chapter 2013-84 “Deaf and Hard-of-Hearing Students” 9. Chapter 2013-87 “Bullying in the Public School System”

  15. deaf and hard-of -hearing students • IEP team must consider the student's language and communication needs, opportunities for direct communication with peers and professional personnel in the student's language and communication mode; and the student's academic level and full range of needs; • DOE along with Fla. School for the Deaf and Blind to develop a model communication plan by December 31, 2013

  16. bullying • prohibits use of software off-campus to bully a student or employee of a k-12 institution, if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities or opportunities offered by the school or disrupts the orderly operation of the school; • monitoring of non-school related activity not required.

  17. cyberbullying • defines cyberbullying; • defines "within the scope of a public K-12 educational institution" ; • now requires the procedure for providing instruction on bullying to include recognizing the behaviors that lead to bullying and harassment and taking appropriate preventive action based on those observations.

  18. TABLE OF CONTENTS 10. Chapter 2013-89 “Certified School Counselors” 11. Chapter 2013-171 “Florida College System Institution Police Officers”

  19. Florida College System police officers • expands jurisdictional limits to 1000 feet of any college under certain circumstances; and more if in "hot pursuit".

  20. TABLE OF CONTENTS 12. Chapter 2013-185 - multiple changes to education 13. Chapter 2013-236 “Exceptional Student Education”

  21. exceptional student education • greater involvement of parents and another person of their choice from attending any meeting pertaining to exceptional student education; • creates new section regarding collaboration of public and private instructional personnel

  22. TABLE OF CONTENTS 14. Chapter 2013-237 “Relating to Instructional Materials for K-12 Public Education (2013 Session)” 15. Chapter 2013-250 multiple changes to education

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