2007-26549 Reso
RESOLUTION NO. 2007-26549
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA SUPPORTING HOUSE BILL 575 ENTITLED THE
"JEFFREY JOHNSTON STAND UP FOR ALL STUDENTS ACT" WHICH
PROHIBITS THE BULLYING OR HARASSMENT OF ANY STUDENT OR
SCHOOL EMPLOYEE OF A PUBLIC K-12 EDUCATIONAL INSTITUTION AND
DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO
GOVERNOR CHARLIE CRIST, THE PRESIDENT OF THE FLORIDA SENATE,
AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES.
WHEREAS, House Bill 575 and companion Senate Bill 114 entitled "The Jeffrey
Johnston Stand Up for All Students Act" ("Act") was proposed during the 2007 Florida
Legislative Session to prohibit bullying and harassment of students or school employees during
educational programs and activities, on school buses, or through the use of data or computer
software on computer systems of certain educational institutions; and
WHEREAS, pursuant to the Act, each school district would be required to adopt a policy
prohibiting bullying and harassment, which policy would require approval by the Department of
Education in order for the school to receive safe school funds; and
WHEREAS, the Act is an important measure to address the destructive behaviors of
bullying and harassment on public school premises which have no place in our society; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support House
Bill 575 and Senate Bill 114 and denounce bullying and harassment based on race, religion,
disability, ethnicity, sexual orientation, marital status, gender or gender identity, physical
appearance, or based on any other characteristic, in Florida's public schools; and
WHEREAS, although House Bill 575 was passed by the House on April 24, 2007, it died
in a Senate committee on May 4, 2007; and
WHEREAS, should House Bill 575 and Senate Bill 114 be considered in the Special
Legislative Session to be held in June 2007, the Mayor and City Commission of the City of
Miami Beach urge the Florida Legislature to adopt the Act.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that if included in the call for the
Special Legislative Session in June 2007, the Florida Legislature is hereby urged to adopt the
"Jeffrey Johnston Stand Up for All Students Act" and the City Clerk is hereby directed to
transmit this Resolution to Governor Charlie Crist, the Presid~t of the! Florida Senate, and the
Speaker of the Florida House of Representatives. // /1
PASSED AND ADOPTED this 16th d~y 0 Ma 07.
ATTEST:
~Rftk~
Robert Parcher
APF}kOV
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APPROVED AS TO
FORM 8. LANGUAGE
& Fa EXECUT!ON
F:lattoITURN\RESOS\Jeffrey Johnston Stand Up for All Students Act.doc
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge Gonzalez, City Manager and Jose Smith, City Attorney
FROM: Michael Gongora, Vice Mayor ~
DATE: May 7,2007
SUBJECT: Resolution Supporting HB 575 School Safety
Please draft a resolution for the May 16 Commission Meeting in support of HB 575 School
Safety. I would like our resolution to state that we denounce Bullying and Harassment Based on
Race, Religion, Disability, Ethnicity, Sexual Orientation, Marital Status, Gender or Gender
Identity, Physical Appearance or Any Other Characteristic in Florida's Public Schools. Please
find attached a copy of the bill and its bill history.
If you have any further questions, please do not hesitate to contact my Aide Diana Fontani at
extension 6528.
MG/df
Agenda Item
Date
RqG-
~-16-c> 7
CS/HB 575 - School Safety
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CSjHB 575 - School Safety
GENERAL BILL by Schools & Learning Council and Thompson, N. and Aubuchon (CO-SPONSORS) Bean;
Brandenburg; Bucher; Culp; Fitzgerald; Galvano; Gibbons; Grimsley; Hooper; Kriseman; Legg; Meadows; Porth; Scionti;
Troutman; Vana; Waldman; Williams
School Safety: Designates act "Jeffrey Johnston Stand Up for All Students Act"; prohibits bullying & harassment of any
student or employee of public K-12 educational institution; requires school district to adopt policy prohibiting bullying &
harassment; provides immunity; provides restrictions with respect to defense of action & application of provisions;
requires DOE approval of school district policy & school district compliance with reporting procedures as prerequisites to
receipt of safe schools funds.
Effective Date: upon becoming a law.
Last Event: 04/24/07 S In Messages on Tuesday, April 24, 2007 3:39 PM
Main Amendment Filing Deadline: After Monday, April 23, 2007 2:00 PM
Adhering Amendment Filing Deadline: After Monday, April 23, 2007 5:00 PM
Referred Committees and Committee Actions:
- Committee on K-12
On agenda for: 03/13/07 10:00 AM
Favorable With Amendments (1) (final action)
- Schools & Learning Council
On agenda for: 03/27/07 1:00 PM
Favorable With Council Substitute (final action)
- Policy & Budget Council
On agenda for: 04/05/079:00 AM
Favorable (final action)
Notice
See Votes
Notice
See Votes
Notice
See Votes
Related Bills:
Bill #
SB 114
Subject
Bullying/Harassment/Schools [SPCC]
Relationship
Similar
Bill Text:
Committee Substitute 1
A 933769, Poppell
Original Filed Version
Date Filed: 04/23/07, Page#: 0, Line#: 192
House: Withdrawn 04/24/07
Staff Analysis:
Chamber
Committee
House
House
House
House
House
House
Policy & Budget Council 4/6/2007 5:42:23 PM
Policy & Budget Council 4/4/2007 5: 09: 55 PM
Schools & Learning Council 4/1/2007 6:58:09 PM
Schools & Learning Council 3/23/20074:41: 16 PM
Committee on K-12 3/13/2007 2:55:23 PM
Committee on K-12 3/9/2007 4:40:22 PM
Vote History:
Chamber Date
Yeas Nays Actions
Barcode
http://www .rnyfloridahouse.gov /Sections/B illslbillsdetai1.aspx?B illId= 3508 8&print=true
05/04/2007
CS/HB 575 - School Safety
House
04/24/200703:04 PM 110 1
Bill History:
Event
04/24/07 S In Messages
Message sent to senate
Passage on third reading
CS passed; YEAS 110, NAYS 1
Read 3rd time
Added to Third Reading Calendar
Amendment 933769 withdrawn
Read 2nd time
Amendment 933769 filed
Bill added to Special Order Calendar
( 4/24/2007)
Added to Second Reading Calendar
Bill released to House Calendar
Reported out of Policy & Budget Council
Favorable by Policy & Budget Council
Added to Policy & Budget Council agenda
Now in Policy & Budget Council
Referred to Policy & Budget Council
1st Reading
CS Filed
Laid on Table under Rule 7.19
Reported out of Schools & Learning Council
Favorable with CS by Schools & Learning
Passage Vote [Seq# 168]
Time
Tuesday, April 24, 2007
3: 39 PM
Tuesday, April 24, 2007
3: 38 PM
Tuesday, April 24, 2007
3:04 PM
Tuesday, April 24, 2007
3:04 PM
Tuesday, April 24, 2007
2: 58 PM
Tuesday, April 24, 2007
2: 58 PM
Tuesday, April 24, 2007
2:52 PM
Tuesday, April 24, 2007
2:51 PM
Monday, April 23, 2007
2:01 PM
Friday, April 20, 2007
3:04 PM
Friday, April 06, 2007
9:24 AM
Friday, April 06, 2007
9:24 AM
Friday, April 06, 2007
9:24 AM
Thursday, April 05, 2007
4:00 PM
Tuesday, April 03, 2007
4:10 PM
Friday, March 30, 2007
12:02 PM
Friday, March 30, 2007
12:02 PM
Thursday, March 29, 2007
8: 37 PM
Thursday, March 29, 2007
5:07 PM
Thursday, March 29, 2007
5:07 PM
Thursday, March 29, 2007
4:53 PM
Tuesday, March 27, 2007
Member
Page 2 of3
Committee
Policy & Budget Council
Policy & Budget Council
Policy & Budget Council
Policy & Budget Council
Policy & Budget Council
Schools & Learning Council
Schools & Learning Council
http://www .rnyfloridahouse. gOY /Sections/B illslbillsdetail. asp x ?B illId= 3508 8&print=true
05/04/2007
CS/HB 575 - School Safety
Page 3 of3
Council
4:00 PM
Added to Schools & Learning Council agenda
Friday, March 23, 2007
4:24 PM
Schools & Learning Council
Now in Schools & Learning Council
Wednesday, March 14,
20078:41 AM
Schools & Learning Council
Reported out of Committee on K-12
Wednesday, March 14,
20078:41 AM
Committee on K-12
Favorable with 1 amendments by
Committee on K-12
Tuesday, March 13, 2007
12:00 PM
Committee on K-12
Added to Committee on K-12 agenda
Friday, March 09, 2007
4:22 PM
Committee on K-12
1st Reading
Tuesday, March 06, 2007
11:59 PM
Now in Committee on K-12
Friday, February 09, 2007
11:40 AM
Committee on K-12
Referred to Committee on K-12 by Schools
& Learning Council
Friday, February 09, 2007
11:40 AM
Committee on K-12
Now in Schools & Learning Council
Wednesday, January 31,
20078:39 PM
Schools & Learning Council
Referred to Policy & Budget Council
Wednesday, January 31,
20078:39 PM
Policy & Budget Council
Referred to Schools & Learning Council
Wednesday, January 31,
20078:39 PM
Schools & Learning Council
Filed
Tuesday, January 23,
2007 3:57 PM
Thompson,
N.
Statutes Referenced by this Bill
1006.147
^ back to top
http://www .myfloridahouse. gOY /Sections/Billslbillsdetail.aspx?BillId= 3508 8&print=true
05/04/2007
FLORIDA
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V E S
HB 575 2007
1 A bill to be entitled
2 An act relating to school safety; creating s. 1006.147,
3 F.S.; providing a short title; prohibiting bullying and
4 harassment during education programs and activities, on
5 school buses, or through use of data or computer software
6 accessed through computer systems of certain educational
7 institutions; providing definitions; requiring each school
8 district to adopt a policy prohibiting such bullying and
9 harassment; providing minimum requirements for the
101 contents of the policy; requiring the Department of
111 Education to develop model policies; providing immunity;
12 providing restrictions with respect to defense of an
13 action and application of the section; requiring
14 department approval of a school district's policy and
15 school district compliance with reporting procedures as
16 prerequisites to receipt of safe schools funds; requiring
17 a report on implementation; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21
Section 1. Section 1006.147, Florida Statutes, is created
22 to read:
23
24
I
I
25 I
1006.147 Bullying and harassment prohibited.--
(1) This section may be cited as the "Jeffrey Johnston
Stand Up for All Students Act."
26
(2 )
Bullying or harassment of any student or school
27 employee is prohibited:
28
(a) During any education program or activity conducted by
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29 a public K-12 educational institution;
30 (b) During any school-related or school-sponsored program
31 or activity or on a school bus of a public K-12 educational
32 institution; or
33 (c) Through the use of data or computer software that is
34 accessed through a computer, computer system, or computer
35 network of a public K-12 educational institution.
36 (3) For purposes of this section:
37 (a) "Bullying" means systematically and chronically
38 inflicting physical hurt or psychological distress on one or
39 more students and may involve:
40 1. Teasing;
41 2. Social exclusion;
42 3. Threat;
43 4. Intimidation;
44 5. Stalking;
45 6. Physical violence;
46 7. Theft;
47 8. Sexual, religious, or racial harassment;
48 9. Public humiliation; or
49 10. Destruction of property.
50 (b) "Harassment" means any threatening, insulting, or
51 dehumanizing gesture, use of data or computer software, or
52 written, verbal, or physical conduct directed against a student
53 or school employee that:
54 1. Places a student or school employee in reasonable fear
55 of harm to his or her person or damage to his or her property;
56 2. Has the effect of substantially interfering with a
I
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57 student's educational performance, opportunities, or benefits;
58 or
59 3. Has the effect of substantially disrupting the orderly
60 operation of a school.
61 (c) Definitions in s. 815.03 relating to computer crimes
62 and s. 784.048 relating to stalking are applicable to this
631 section.
64 (d) The terms "bullying" and "harassment" include:
65 1. Retaliation against a student or school employee by
66 another student or school employee for asserting or alleging an
67 act of bullying or harassment. Reporting an act of bullying or
68 harassment that is not made in good faith is considered
69 retaliation.
70 2. Perpetuation of conduct listed in paragraph (al or
71 paragraph (b) by an individual or group with intent to demean,
72 dehumanize, embarrass, or cause physical harm to a student or
73 school employee by:
74 a. Incitement or coercion;
75 b. Accessing or knowingly causing or providing access to
76 data or computer software through a computer, computer system,
77 or computer network within the scope of the district school
78 system; or
79 c. Acting in a manner that has an effect substantially
80 similar to the effect of bullying or harassment.
81 (4) By December 1, 2007, each school district shall adopt
82 a policy prohibiting bullying and harassment on school property,
83 at a school-related or school-sponsored program or activity, on
84 a school bus, or through the use of data or computer software
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85 that is accessed through a computer, computer system, or
86 computer network within the scope of the district school system.
87 The school district bullying and harassment policy shall afford
88 all students the same protection regardless of their status
89! under the law. The school district may establish separate
I
90' discrimination policies that include categories of students. The
91 school district shall involve students, parents, teachers,
92 administrators, school staff, school volunteers, community
93 representatives, and local law enforcement agencies in the
94 process of adopting the policy. The school district policy must
95 be implemented in a manner that is ongoing throughout the school
96 year and integrated with a school's curriculum, a school's
97 discipline policies, and other violence prevention efforts. The
98 school district policy must contain, at a minimum, the following
99 componen t s :
100
101
(a) A statement prohibiting bullying and harassment.
(b) A definition of bullying and a definition of
102 harassment.
I
103 (c) A description of the type of behavior expected from
104 each student and school employee.
105
(d)
The consequences for a person who commits an act of
106 bullying or harassment.
107
(e)
The consequences for a person who is found to have
108 wrongfully and intentionally accused another of an act of
109 bullying or harassment.
110
(f) A procedure for reporting an act of bullying or
111 harassment, including provisions that permit a person to
112 anonymously report such an act. However, this paragraph does not
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113 permit formal disciplinary action to be based solely on an
114 anonymous report.
115
(g) A procedure for the prompt investigation of a report
116 of bullying or harassment and the persons responsible for the
117 investigation. The investigation of a reported act of bullying
118 or harassment is deemed to be a school-related activity and
119 begins with a report of such an act.
120
(h) A process to investigate whether a reported act of
121 bullying or harassment is within the scope of the district
122 school system and, if not, a process for referral of such an act
I
1231 to the appropriate jurisdiction.
124 (i) A procedure for providing immediate notification to
125 the parents of a victim of bullying or harassment of all local
126 agencies where criminal charges may be pursued against the
127 perpetrator.
128
(j) A procedure to refer victims and perpetrators of
129 bullying or harassment for counseling.
130
(k) A procedure for including incidents of bullying or
131 harassment in the school's report of safety and discipline data
132 required under s. 1006.09(6). The report must include each
133 incident of bullying or harassment and the resulting
134 consequences, including discipline and referrals. The report
135 must include in a separate section each reported incident of
136 bullying or harassment that does not meet the criteria of a
137 prohibited act under this section with recommendations regarding
138 such incidents. The Department of Education shall aggregate
139 information contained in the reports.
140
(1) A procedure for providing instruction to students,
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1411 parents, teachers, school administrators, counseling staff, and
I
142 school volunteers on identifying, preventing, and responding to
143 bullying or harassment.
144
(m) A procedure for regularly reporting to a victim's
146
145 parents the actions taken to protect the victim.
(n) A procedure for publicizing the policy, which must
147 include its publication in the code of student conduct required
148 under s. 1006.07(2) and in all employee handbooks.
149
(5) To assist school districts in developing policies
150 prohibiting bullying and harassment, the Department of Education
151 shall develop model policies, which must be provided to school
152 districts no later than October 1, 2007.
153
154
155
1561
157
158
159
160
(6) A school employee, school volunteer, student, or
parent who promptly reports in good faith an act of bullying or
harassment to the appropriate school official designated in the
school district's policy and who makes this report in compliance
with the procedures set forth in the policy is immune from a
cause of action for damages arising out of the reporting itself
or any failure to remedy the reported incident.
(7) (a)
The physical location or time of access of a
161 computer-related incident cannot be raised as a defense in any
162 disciplinary action or prosecution initiated under this section.
163
(b)
This section does not apply to any person who uses
164 data or computer software that is accessed through a computer,
165 computer system, or computer network when acting within the
166 scope of his or her lawful employment or investigating a
167 violation of this section in accordance with school district
168 policy.
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169 (8) Distribution of safe schools funds to a school
170 district provided in the 2008-2009 General Appropriations Act is
171 contingent upon Department of Education approval of the school
172 district's bullying and harassment policy. Distribution of safe
173 schools funds provided to a school district in fiscal year 2009-
174 2010 and thereafter shall be contingent upon the school
175 district's compliance with all reporting procedures contained in
176 this section.
177 (9) On or before January 1 of each year, the Commissioner
178 of Education shall report to the Governor, the President of the
179 Senate, and the Speaker of the House of Representatives on the
180 implementation of this section. The report shall include data
181 collected pursuant to paragraph (4) (k) .
182 (10) Nothing in this section shall be construed to abridge
183 the rights of students or school employees that are protected by
184 the First Amendment to the Constitution of the United States.
185 Section 2. This act shall take effect upon becoming a law.
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