CS/SB 548 (2014) Bullying

TRACKED BILLS

CS/SB 548 (2014) Bullying
	http://www.flsenate.gov/Session/Bill/2014/0548
	SENATE - Died in Appropriations

CS/SB 548: Bullying

GENERAL BILL by Criminal Justice ; Simmons ; (CO-INTRODUCERS) Soto

Bullying; Providing that a person who willfully, maliciously, and repeatedly harasses or cyberbullies another person commits the offense of bullying, etc.

Effective Date: 10/1/2014
Last Action: 5/2/2014 Senate – Died in Appropriations
Location: In committee/council (AP)
Bill Text: Web Page | PDF

Senate Committee References:

1. Criminal Justice (CJ)
2. Appropriations Subcommittee on Criminal and Civil Justice (ACJ)
3. Appropriations (AP)

 

Bill History

DATE	CHAMBER	ACTION
12/18/2013	Senate	• Filed
1/10/2014	Senate	• Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations -SJ 46
2/3/2014	Senate	• On Committee agenda– Criminal Justice, 02/10/14, 4:00 pm, 37 Senate Office Building
2/10/2014	Senate	• CS by Criminal Justice; YEAS 6 NAYS 1 -SJ 137
2/11/2014	Senate	• Pending reference review under Rule 4.7(2) – (Committee Substitute)
2/13/2014	Senate	• Now in Appropriations Subcommittee on Criminal and Civil Justice -SJ 137
2/28/2014	Senate	• On Committee agenda– Appropriations Subcommittee on Criminal and Civil Justice, 03/05/14, 9:00 am, 37 Senate Office Building
3/4/2014	Senate	• Introduced -SJ 46 • CS by Criminal Justice read 1st time -SJ 126
3/5/2014	Senate	• Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 13 NAYS 0 -SJ 207
3/7/2014	Senate	• Now in Appropriations -SJ 207
5/2/2014	Senate	• Died in Appropriations

Vote History – Committee

VERSION	COMMITTEE	DATE	RESULT
S 0548 Filed	Criminal Justice	2/10/2014 4:00 PM	6 Yeas – 1 Nays
S 0548 c1	Appropriations Subcommittee on Criminal and Civil Justice	3/5/2014 9:00 AM	13 Yeas – 0 Nays

Vote History – Floor

No Vote History Available

Related Bills

BILL NUMBER	SUBJECT	FILED BY	RELATIONSHIP LEARN MORE ABOUT BILL RELATIONSHIPS	LAST ACTION AND LOCATION	TRACK BILLS
H 0451	Bullying	Fitzenhagen	Similar	Last Action: 3/4/2014 H Introduced -HJ 39 Location: In committee/council (CRJS)

Bill Text

VERSION	POSTED	FORMAT
S 0548 Filed	12/18/2013 10:59 AM	Web Page | PDF
S 0548 c1	2/11/2014 9:39 AM	Web Page | PDF

 

Proposed Committee Substitutes

S 0548 c1

PCS AND AMENDMENTS	SPONSOR	FILED	LAST COMMITTEE ACTION	FORMAT
138622 – Proposed Committee Substitute	Appropriations	3/10/2014 3:32 PM		Web Page PDF

 

Committee Amendments

S 0548 Filed

AMENDMENT	SPONSOR	FILED	LAST COMMITTEE ACTION	FORMAT
590212 – Amendment Delete lines 45 – 51 and insert:	Criminal Justice (Evers)	2/10/2014 10:51 AM	Replaced by Committee Substitute 2/10/2014	Web Page PDF

S 0548 c1

AMENDMENT	SPONSOR	FILED	LAST COMMITTEE ACTION	FORMAT
494452 – Amendment Delete line 36 and insert:	Appropriations Subcommittee on Criminal and Civil Justice (Dean)	3/4/2014 8:44 AM	Replaced by Committee Substitute 3/5/2014	Web Page PDF

Floor Amendments

No Floor Amendments Available

Bill Analyses

TYPE	ANALYSIS	AUTHOR	POSTED	FORMAT
Bill Analysis	S 0548	Criminal Justice (Pre-Meeting)	2/6/2014 1:30 PM	PDF
Bill Analysis	S 0548	Criminal Justice (Post-Meeting)	2/11/2014 9:15 AM	PDF
Bill Analysis	S 0548	Appropriations Subcommittee on Criminal and Civil Justice (Pre-Meeting)	3/4/2014 9:32 AM	PDF
Bill Analysis	S 0548	Appropriations Subcommittee on Criminal and Civil Justice (Post-Meeting)	3/7/2014 3:31 PM	PDF

 

Citations – Statutes

CITATION	CATCHLINE	LOCATION IN BILL LOCATION IN BILL HELP
784.049		Page 1 (PDF)

Citations – Constitution (0)

No Constitutional citations for this bill version.

 

Florida CS/SB 548: Bullying

CS/SB 548: Bullying
GENERAL BILL by Criminal Justice ; Simmons ; (CO-INTRODUCERS) Soto

Bullying; Providing that a person who willfully, maliciously, and repeatedly harasses or cyberbullies another person commits the offense of bullying, etc.

Effective Date: 10/1/2014
Last Action: 3/7/2014 Senate – Now in Appropriations -SJ 207
Location: In committee/council (AP)
Bill Text: Web Page | PDF

By Senator Simmons

10-00810-14 2014548__
1 A bill to be entitled
2 An act relating to bullying; creating s. 784.049,
3 F.S.; defining terms; providing that a person who
4 willfully, maliciously, and repeatedly harasses or
5 cyberbullies another person commits the offense of
6 bullying; providing that a person who willfully,
7 maliciously, and repeatedly harasses or cyberbullies
8 another person and makes a credible threat to that
9 person commits the offense of aggravated bullying;
10 providing criminal penalties; providing an effective
11 date.
12

Florida HB 451: Bullying

HB 451: Bullying

GENERAL BILL by Fitzenhagen ; Williams, A. ; (CO-INTRODUCERS) Campbell ; Clelland ; Pilon

Bullying; Provides that person who willfully, maliciously, & repeatedly harasses or cyberbullies another person commits offense of bullying; provides that person who willfully, maliciously, & repeatedly harasses or cyberbullies another person & makes credible threat to that person commits offense of aggravated bullying.

Effective Date: 10/1/2014
Last Action: 3/4/2014 House – Introduced -HJ 39
Location: In committee/council (CRJS)
Bill Text: PDF

 

HB 451 2014

CODING: Words stricken are deletions; words underlined are additions.
hb0451-00
Page 1 of 2
F L O R I D A  H O U S E  O F  R E P R E S E N T A T I V E S

1 A bill to be entitled
2 An act relating to bullying; creating s. 784.049,
3 F.S.; defining terms; providing that a person who
4 willfully, maliciously, and repeatedly harasses or
5 cyberbullies another person commits the offense of
6 bullying; providing that a person who willfully,
7 maliciously, and repeatedly harasses or cyberbullies
8 another person and makes a credible threat to that
9 person commits the offense of aggravated bullying;
10 providing criminal penalties; providing an effective
11 date.
12

ARRESTED DEVELOPMENT FOR EMPLOYERS: Will Florida’s Anti-Bullying Law criminalize workplace bullying?

Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

 

Currently, Florida has one of the best-written and most comprehensive anti-bullying laws in the nation.   In 2008, Florida’s legislature unanimously passed the “Jeffrey Johnston Stand Up for All Students Act” (Fl. Stat. section 1006.147), and it was signed into law by Gov. Charlie Crist on June 10, 2008.

Named after bully victim Jeffrey Johnston, the education law requires every Florida school to develop anti-bullying policies that include punishment and counseling for students who bully their peers.   In 2005, Jeffrey killed himself after enduring three years of bullying via the internet and phone by a classmate.  After his death, Jeffrey’s mother Debbie, herself a Florida elementary school teacher, became a strong advocate for state legislation to prohibit bullying and cyber-bullying under Florida law. She led an effort spanning three years to get anti-bullying legislation passed in Florida.

In a further effort to call attention to bullying being escalated by electronic devices, earlier this year Gov. Rick Scott signed a bill (HB 609), expanding the scope of the law to include “cyberbullying”.  Under the July 1st, revisions, school administrators now have the authority to reach beyond school grounds.  If cyberbullying “substantially” interferes with or disrupts the educational process, administrators may now regulate and punish it — even when it originates on a computer or device off campus.

To the best of my knowledge, Florida lawmakers failed to provide our schools with additional funding to support proactive bullying and cyberbullying prevention programs in our schools.

Because of the spreading epidemic of alleged bullying among students, our lawmakers are currently considering a law that will criminalize bullying.

Rebecca’s Law,  named after 12-year-old Rebecca Sedwick who committed suicide after alleged victimization by bullying, will provide legal consequences for those who are found guilty of bullying.

Rep. Heather Fitzenhagen sponsored the bill that will provide criminal penalties for someone who willfully, maliciously, and repeatedly harasses or “cyberbullies” another person, which would be a first degree misdemeanor.  If a credible threat is determined to have taken place it would be considered aggravated bullying, a 3rd degree felony.

Our lawmakers have a narrow focus on making bullying behavior among our youth a crime, while failing to consider bullying is an ongoing problem among adults as well.

Florida citizens should consider what impact the criminalization of bullying will have in other settings.

Employers must consider the potential legal actions that may be taken where there are accusations and evidence of workplace bullying.

If you are an employer or please consider the information and resources provided by the Workplace Bullying Institute (WBI).

“The Workplace Bullying Institute (WBI) is the first and only U.S. organization dedicated to the eradication of workplace bullying.  WBI combines help for individuals, research, books, public education, training for professionals-unions-employers, legislative advocacy, and consulting solutions for organizations to prevent and correct workplace bullying.”

Click here to visit the WBI website.

 

According to reports, 35% of the U.S. workforce report being bullied at work. 

March 2nd, 2012

LA Times: California physician assistant wins $168 million in harassment suit

 

By Carol J. Williams, Los Angeles Times, March 2, 2012

Ani Chopourian told of sexually inappropriate conduct, bullying and retaliation at a Sacramento hospital. The award is believed to be the largest for a single victim of workplace harassment in U.S. history.

Ani Chopourian lost track of how many complaints she filed during the two years she worked as a physician assistant at Sacramento’s Mercy General Hospital.

There were at least 18, she recalled, many having to do with the bullying surgeon who once stabbed her with a needle and broke the ribs of an anesthetized heart patient in a fit of rage. Another surgeon, she said, would greet her each morning with “I’m horny” and slap her bottom. Yet another called her “stupid chick” in the operating room and made disparaging remarks about her Armenian heritage, asking if she had joined Al Qaeda.

Managers from Mercy General, a unit of Catholic Healthcare West, told a Sacramento trial court that it was Chopourian who was guilty of professional misconduct, which was why they fired her and tried to deny her unemployment benefits.

But in a stunning rebuke of the hospital’s side of the story, a jury Wednesday awarded Chopourian $168 million in damages, believed to be the largest judgment for a single victim of workplace harassment in U.S. history.

“They were just shocked by the whole workplace environment,” said Lawrance Bohm, Chopourian’s attorney during the three-week trial in which witness after witness depicted a culture of vulgarity and arrogance they said humiliated female employees and put patients at risk.

Click here to read more at WBI.

Attorney Ken Rothweiler Comments on Cyber Bullying

Published on Oct 16, 2013
Kenneth Rothweiler was a guest on Fox Good Day Philadelphia to discuss the recent suicide of a teenage girl because she was being bullied online.

Sibling Bullying Research Can Destroy Anti-Bullying Movement

Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Jun 17, 2013
Dr. Richard Besser discusses the dangers of bullying by a brother or sister.

For more on this story, click here: http://abcnews.go.com/blogs/health/20..

RELATED STORIES:

When the Bully Is a Sibling

By ANAHAD O’CONNOR

 

Siblings have been bickering and trading blows since the time of Cain and Abel. But the torment and fighting that is often shrugged off as normal sibling rivalry may not always be so benign.New research suggests that even when there are no physical scars, aggression between siblings can inflict psychological wounds as damaging as the anguish caused by bullies at school or on the playground. The findings offer an unusual look at an area of family life that has rarely been studied, in part because infighting among brothers and sisters is widely considered a harmless rite of passage.  CLICK HERE TO READ MORE.The Anti-Bullying Critic

Dedicated to explaining the problems with the anti-bullying psychology.

by Izzy Kalman

New research on sibling bullying is the greatest danger to antibullyism

Published on July 22, 2013 by Izzy Kalman in The Anti-Bullying Critic

The inevitable has happened. The anti-bullying psychology has finally established a solid bulwark in the home. News of a research study confirming the obvious–that sibling rivalry is an even more pervasive and destructive phenomenon than school bullying–has hit all of the major news outlets, including the most revered of all, The New York Times. Antibullyism has grown into the most influential field of psychology in history by incorporating more and more interpersonal problems into its domain and lobbying to have its paradigm and recommendations mandated by law. It has now redefined sibling rivalry as sibling bullying and is pressuringparents to put a stop to it at home.CLICK HERE TO READ MORE.

From Education World, Bullying and School Liability: What Administrators Should Know

Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Can schools be held legally accountable for student bullying? If so, under what circumstances?

Click here to read full Article by Celine Provini, EducationWorld Editor
Education World®
Copyright © 2013 Education World

These tough questions have emerged alongside increased awareness of the detrimental effects of bullying. While almost all states have passed new, or strengthened existing, anti-bullying laws, many districts, in the face of rising family legal action concerning bullying, remain unclear regarding legally compliant policies and best practices.

EducationWorld offers the following primer for school leaders concerned about civil liability for bullying and harassment. Schools are encouraged to consult their districts’ legal counsel for information and advice regarding applicable state and federal laws.

Bullying vs. harassment

First, it’s important to note the difference between bullying and legally defined harassment. While we can all agree that any form of bullying is undesirable in a school setting, harassment occurs only when students are bullied based on personal characteristics that trigger special federal protection—namely gender, race or disability. Bullying that constitutes harassment is specifically prohibited by federal law.

It is therefore harassment-related student bullying that when left unchecked by school officials, poses the greatest legal risk. In the Leadership Insider article “School Liability for Bullying & Harassment,” article authors Seamus Boyce and Andrew Manna explain that if schools face the following five circumstances, they are legally liable for peer harassment:

1. The bullied student is a member of a “protected class” defined under federal civil rights laws—these classes include gender, race and disability. (While his/her sexual orientation would not technically place a student in a protected class, note that in some court cases, students who were bullied for “nonconformity to gender stereotypes” have successfully claimed sex-based harassment.)
2. The peer harassment was based on the students’ membership in a protected class (e.g., a student was repeatedly mocked for having a developmental disability).
3. The harassment was severe, pervasive and offensive (this standard takes into account both severity and frequency; if severe, even a one-time incident can qualify).
4. The school (an official with authority to act) had knowledge of the harassment.
5. The school was deliberately indifferent to the harassment.

 

http://www.educationworld.com/a_admin/bullying-school-legal-liability.shtml

 

News Coverage on bullying in Duval County – FCN

Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Nov 9, 2013
The Law Office of John M. Phillips is an award winning personal injury and wrongful death law firm. Our lawyers personally meet with and walk through the claims and trial process with clients. Our attorneys have been featured on every major network and have won many awards. We are licensed in Florida, Georgia and Alabama. Find out more by contacting us at http://www.knowthelawyer.com.

Colleton SC Lawyer David Aylor on LowCountry Live discussing Bullying in Schools

Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Jan 16, 2013
Walterboro Lawyer, David Aylor discusses bullying in schools…

200 E. Washington St.
Walterboro, SC 29488
Office 843-782-4221
http://www.walterboro-lawyer.com

Why a Sarasota Child Injury Lawyer Wrote a Bullying Handbook

Posted by Maria Mangicaro
Bullying Prevention Advocate
mangicaro829@aol.com

Published on Aug 27, 2013
http://www.mallardlawfirm.com/reports… Are you afraid that your child is being bullied by a bigger kid? Unfortunately, bullying occurs far too often, and doesn’t just stop at school. Watch this video to find out more about bullying, in order to help protect your child. As social media expands, bullying is becoming greater, which is why Sarasota child injury attorney Damian Mallard wrote the Bullying Handbook: What You Need to Know to Protect Your Children from Bullies . This book is full of useful information about the different types of bullying including cyberbullying, what to do if your child is a victim of bullying, and other commonly asked questions and answers. For a copy of this handbook, fill out a form on our website to receive a free copy. If you still have questions after reading this book, please contact the Mallard Law Firm to speak with Florida child injury lawyer Damian Mallard in a free consultation at 888-409-3805 or online at http://www.mallardlawfirm.com/contact… .