The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1006
SUPPORT FOR LEARNING

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F.S. 1006.165

1006.165 Well-being of students participating in extracurricular activities; training.—

(1)(a) Each public school that is a member of the Florida High School Athletic Association (FHSAA) must have an operational automated external defibrillator on the school grounds. The defibrillator must be available in a clearly marked and publicized location for each athletic contest, practice, workout, or conditioning session, including those conducted outside of the school year. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.

(b) Beginning June 1, 2021, a school employee or volunteer with current training in cardiopulmonary resuscitation and use of a defibrillator must be present at each athletic event during and outside of the school year, including athletic contests, practices, workouts, and conditioning sessions. The training must include completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of a defibrillator. Each employee or volunteer who is reasonably expected to use a defibrillator must complete this training.

(c) The location of each defibrillator must be registered with a local emergency medical services medical director. Each employee or volunteer required to complete the training under paragraph (b) must annually be notified in writing of the location of each defibrillator on school grounds.

(d) The use of defibrillators by employees and volunteers is covered under ss. 768.13 and 768.1325.

(2)(a) In order to better protect student athletes participating in athletics during hot weather and avoid preventable injury or death, the FHSAA shall:

1. Make training and resources available to each member school for the effective monitoring of heat stress.

2. Establish guidelines for monitoring heat stress and identify heat stress levels at which a school must make a cooling zone available for each outdoor athletic contest, practice, workout, or conditioning session. Heat stress must be determined by measuring the ambient temperature, humidity, wind speed, sun angle, and cloud cover at the site of the athletic activity.

3. Require member schools to monitor heat stress and modify athletic activities, including suspending or moving activities, based on the heat stress guidelines.

4. Establish hydration guidelines, including appropriate introduction of electrolytes after extended activities or when a student participates in multiple activities in a day.

5. Establish requirements for cooling zones, including, at a minimum, the immediate availability of cold-water immersion tubs or equivalent means to rapidly cool internal body temperature when a student exhibits symptoms of exertional heat stroke and the presence of an employee or volunteer trained to implement cold-water immersion.

6. Require each school’s emergency action plan, as required by the FHSAA, to include a procedure for onsite cooling using cold-water immersion or equivalent means before a student is transported to a hospital for exertional heat stroke.

The requirements of this paragraph apply year-round.

(b) Each athletic coach and sponsor of extracurricular activities involving outdoor practices or events shall annually complete training in exertional heat illness identification, prevention, and response, including effective administration of cooling zones.

History.—s. 8, ch. 2006-301; s. 2, ch. 2020-91.

F.S. 1006.165 on Google Scholar

F.S. 1006.165 on Casetext

Amendments to 1006.165

Arrestable Offenses / Crimes under Fla. Stat. 1006.165

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1006.165.

Annotations, Discussions, Cases:

Cases from cite.case.law:

E. FRIEDENBERG, a v. SCHOOL BOARD OF PALM BEACH COUNTY,, 911 F.3d 1084 (11th Cir. 2018)

. . . . § 1006.165. . . .

SELLS, v. CSX TRANSPORTATION, INC., 170 So. 3d 27 (Fla. Dist. Ct. App. 2015)

. . . In this context, the supreme court was called to consider the significance of section 1006.165, Florida . . .

LIMONES, Sr. v. SCHOOL DISTRICT OF LEE COUNTY, 161 So. 3d 384 (Fla. 2015)

. . . alleged that Respondent breached both a common law duty and a statutory duty as imposed by section 1006.165 . . . The Second District also determined that neither the undertaker’s doctrine nor section 1006.165, Florida . . . The passage of section 1006.165 demonstrates that the Legislature was clearly concerned about the risk . . . Section 1006.165, Florida Statutes, requires all public schools that participate in the Florida High . . . Although section 1006.165 references both the Good Samaritan Act, section 768.13, and the Cardiac Arrest . . .

LIMONES, Sr. Jr. v. SCHOOL DISTRICT OF LEE COUNTY, 111 So. 3d 901 (Fla. Dist. Ct. App. 2013)

. . . they asserted a negligence claim based on the School Board’s failure to adhere to the terms of section 1006.165 . . . there was no common law duty to make available, diagnose the need for, or use an AED and that section 1006.165 . . . Duty Under Section 1006.165 Section 1006.165, Florida Statutes (2008), governs AED requirements at pub-lie . . . The body of section 1006.165 does not set forth requirements regarding the school’s use of the AED it . . . Furthermore, section 1006.165 does not require the School Board to do anything more than have an operational . . .