HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 585 Instructions on Emergency First Aid for Choking
SPONSOR(S): Daley and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 1714
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 15 Y, 0 N Wolff Sanchez
2) Education & Employment Committee
SUMMARY ANALYSIS
To protect the health and safety of Florida’s students, the bill requires each district school board to hang a
poster that contains step-by-step instructions on how to provide emergency first aid for choking on conscious
individuals in each public school cafeteria within the school district. The poster must be easily visible and
prominently placed.
The bill does not appear to have a fiscal impact.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0585a.EQS
DATE: 3/30/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
District School Board Duties and Responsibilities
The Florida Constitution provides that each county in Florida constitutes a school district and requires
each district to be governed by a school board comprised of at least five members who serve
staggered terms of four years.1 Additionally, the Florida Constitution states, “the school board shall
operate, control and supervise all free public schools within the school district and determine the rate of
school district taxes within the limits prescribed [by the constitution].”2
Florida statutes authorize each district school board to exercise any power not expressly prohibited by
the state constitution or law,3 require each board to perform all duties assigned to it by law or State
Board of Education rule,4 and grant each board the specific authority to:
adopt standards and policies to provide each student the opportunity to receive a complete
education program in accordance with the state academic standards; 5
contract, sue and be sued;6
control property and convey title to real and personal property;7
establish schools and school attendance areas; 8
adopt a school calendar;9
govern personnel matters 10 and collectively bargain district employee salaries; 11
adopt standards of ethical conduct for educational support employees, instructional personnel
and school administrators;12
provide for student welfare and discipline;13
adopt procedures reinforcing parental rights in education; 14
provide adequate instructional materials to students; 15
provide for the transportation of students;16
provide for locating, planning, constructing, maintaining, insuring and condemnation of school
facilities;17
provide fiscal management for school district operations, levy taxes and issue bonds; 18
employ an internal auditor;19
1 Art. IX s. (4)(a), Fla. Const.
2 Art. IX s. (4)(b), Fla. Const.
3 Section 1001.32(2), F.S.
4 Section 1001.41(5), F.S.
5 Section 1001.41(3), F.S.
6 Section 1001.41(4), F.S.
7 Section 1001.42(2), F.S.
8 Section 1001.42(4)(a), F.S.
9 Section 1001.42(4)(f) and (g), F.S.
10 Section 1001.42(5), F.S.
11 Sections 447.203(2) and 447.309(2), F.S.
12 Section 1001.42(6), F.S.
13 Section 1001.42(8), F.S.
14 Section 1001.42(8)(c), F.S.
15 Section 1001.42(9), F.S.
16 Section 1001.42(10), F.S.
17 Section 1001.42(11), F.S.
18 Section 1001.42(12), F.S.
19 Section 1001.42(12)(l), F.S. School districts with revenues over $500 million must employ an internal auditor. The internal a uditors
must perform a comprehensive risk assessment every five years and conduct other audits and reviews as the district school board
directs.
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implement school improvement and accountability;20
encourage and enhance decision-making by individual schools and school advisory councils; 21
and
sponsor charter schools, including the review and approval or denial of new charter school
applications and the termination of charter schools.22
Specifically relating to the proper accounting for all students of school age, for the attendance and
control of students at school, and for proper attention to health, safety, and other matters relating to the
welfare of students, the district school board must:
Adopt rules for admitting, classifying, promoting, and graduating students to or from the various
schools of the district.
Provide for the enforcement of all laws and rules relating to the attendance of students at
school.
Adopt rules for the control, attendance, discipline, in-school suspension, suspension, and
expulsion of students and decide all cases recommended for expulsion and maintain a code of
student conduct.
Provide adequate instructional materials for all students in the core courses of mathematics,
language arts, social studies, science, reading, and literature.
Make provision for the transportation of students to the public schools or school activities they
are required or expected to attend, efficiently and economically.
Approve and adopt a districtwide school facilities program.
Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting,
and condemning school property.
Approve and adopt a districtwide school building program.
Provide for the operation of all public schools as free schools for a term of 180 days or the
equivalent on an hourly basis as specified by rules of the State Board of Education; determine
district school funds necessary in addition to state funds to operate all schools for the minimum
term; and arrange for the levying of district school taxes necessary to provide the amount
needed from district sources.
Keep all necessary records and make all needed and required reports, as required by law or by
rules of the State Board of Education.
At the beginning of each school year, notify parents of students in or entering high school of the
opportunity and benefits of advanced placement, International Baccalaureate, Advanced
International Certificate of Education, dual enrollment, and Florida Virtual School courses and
options for early graduation.
Notify the parent of a student who earns an industry certification that articulates for
postsecondary credit of the estimated cost savings to the parent before the student’s high
school graduation versus the cost of acquiring such certification after high school graduation,
which would include the tuition and fees associated with available postsecondary credits. 23
Emergency Response to a Choking Student
The Florida Department of Health, in its oversight role for School Health Programs, publishes an
Emergency Guide for Schools (Guidelines).24 The Guidelines provide step by step directions for school
personnel in response to a number of medical emergencies that could occur on campus.25 The
20 Section 1001.42(18), F.S.
21 Section 1001.42(19), F.S.
22 Section 1002.33(5)-(6) and (8), F.S.
23 Section 1003.02(1)(a)-(j), F.S.
24 Florida Department of Health, Emergency Guidelines for Schools 2019 Florida Edition , available at
https://www.floridahealth.gov/programs -and-services/childrens-health/school-health/_documents/emergency-guidelines-for-schools-
2019.pdf.
25 Id. Medical emergencies for which the Guidelines provide information include, but are not limited to, allergic reactions, burns, CPR
(infant, child, and adult), fractures and sprains, head injuries, heat emergencies, poisoning and overdose, seizures, unconsciousness,
and vomiting. Id. at 1.
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Guidelines additionally provide a Student Injury Report form to permit school personnel to document
the facts surrounding the incident.26
Specifically related to choking, the guideline recommend that schools designate at least one employee
who has received instruction in choking rescue to be present in the cafeteria at all meals. 27 The
guidelines also contain step by step instructions, including illustrations, on the appropriate rescue
response to a choking incident for anyone, infants through adults.28
Additionally, there are publicly available training and resources on the appropriate response to a child
choking in the school setting.29
Effect of Proposed Changes
The bill requires each district school board to hang a poster that contains step-by-step instructions on
how to provide emergency first aid for choking on conscious individuals in each public school cafeteria
within the school district. The poster must be easily visible and prominently placed.
B. SECTION DIRECTORY:
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
26 Id. at 8.
27 Id. at 24.
28 Id. at 28. This guidance is applied to an individual that is choking but remains conscious. If the individual has lost consciousn ess,
the Guidelines recommend performing CPR on the individual to clear the air passage. Id. at 24-27.
29 Act Fast Anti Choking Trainer, Choking Prevention and First Aid for School Age Children , available at
https://www.actfastmed.com/wp-content/uploads/2021/08/ActFast-Instructional-Guide-4-28-17.pdf.
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A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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