Florida Senate - 2016                                      SB 72
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00013-16                                              201672__
    1                        A bill to be entitled                      
    2         An act relating to school safety; providing
    3         legislative intent; amending s. 790.115, F.S.;
    4         redefining the term “school”; authorizing a school
    5         superintendent, with approval of the school board, to
    6         authorize a school safety designee to carry a
    7         concealed weapon or firearm on school property;
    8         providing requirements for school safety designees;
    9         providing exceptions to the prohibition on possession
   10         of firearms or other specified devices on school
   11         property; requiring a school board to develop policies
   12         if it approves the use of a school safety designee;
   13         providing for recommendation and designation of a
   14         school safety designee; requiring the Criminal Justice
   15         Standards and Training Commission to develop a school
   16         safety program by a certain date; providing a criminal
   17         penalty; requiring background screening of the school
   18         safety designee under certain circumstances; providing
   19         for fingerprint processing and retention; requiring
   20         that fingerprinting fees be borne by the school safety
   21         designee or the school; amending s. 1006.07, F.S.;
   22         requiring district school boards to formulate and
   23         prescribe policies and procedures for managing active
   24         shooter and hostage situations; requiring that active
   25         shooter procedures for each school be developed in
   26         consultation with local law enforcement agencies;
   27         requiring that district school boards and private
   28         schools allow campus tours by local law enforcement
   29         agencies for specified purposes; requiring that all
   30         recommendations be documented; amending s. 1006.12,
   31         F.S.; authorizing district school boards to commission
   32         one or more school safety officers on each school
   33         campus; amending ss. 435.04, 921.0022, and 1012.315,
   34         F.S.; conforming cross-references; reenacting s.
   35         1002.42(16), F.S., relating to emergency procedures,
   36         to incorporate the amendment made to s. 1006.07, F.S.,
   37         in a reference thereto; providing an appropriation;
   38         providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. It is the intent of the Legislature to prevent
   43  violent crimes from occurring on school grounds. The Legislature
   44  acknowledges that the safekeeping of our students, teachers, and
   45  campuses is imperative. In addition, the Legislature’s intent is
   46  not to mandate that a school have one or more school safety
   47  designees as described in the amendments made by this act to s.
   48  790.115, Florida Statutes; rather, the purpose of the amendments
   49  is to allow a district school board to develop policies
   50  consistent with chapter 790, Florida Statutes.
   51         Section 2. Section 790.115, Florida Statutes, is amended to
   52  read:
   53         790.115 Possessing or discharging weapons or firearms at a
   54  school-sponsored event or on school property prohibited;
   55  penalties; exceptions.—
   56         (1) As used in this section, the term “school” means a
   57  preschool, elementary school, middle school, junior high school,
   58  secondary school, adult education facility, career center, or
   59  postsecondary school, whether public or nonpublic, or any
   60  combination of such schools, facilities, or centers.
   61         (2)(1) A person who exhibits any sword, sword cane,
   62  firearm, electric weapon or device, destructive device, or other
   63  weapon as defined in s. 790.001(13), including a razor blade,
   64  box cutter, or common pocketknife, except as authorized in
   65  support of school-sanctioned activities, in the presence of one
   66  or more persons in a rude, careless, angry, or threatening
   67  manner and not in lawful self-defense, at a school-sponsored
   68  event or on the grounds or facilities of any school, school bus,
   69  or school bus stop, or within 1,000 feet of the real property
   70  that comprises a public or private elementary school, middle
   71  school, or secondary school, during school hours or during the
   72  time of a sanctioned school activity, commits a felony of the
   73  third degree, punishable as provided in s. 775.082, s. 775.083,
   74  or s. 775.084. This subsection does not apply to the exhibition
   75  of a firearm or weapon on private real property within 1,000
   76  feet of a school by the owner of such property or by a person
   77  whose presence on such property has been authorized, licensed,
   78  or invited by the owner.
   79         (3)(a) A school superintendent, with approval of the school
   80  board, may authorize a school safety designee to carry a
   81  concealed weapon or firearm on school property. For purposes of
   82  this subsection, a school safety designee is an individual who
   83  is a school district employee or volunteer who is licensed to
   84  carry a concealed weapon or firearm pursuant to s. 790.06 and
   85  who is:
   86         1. A military veteran who was honorably discharged and who
   87  has not been found to have committed a firearms-related
   88  disciplinary infraction during his or her service;
   89         2. An active duty member of the military, the National
   90  Guard, or military reserves who has not been found to have
   91  committed a firearms-related disciplinary infraction during his
   92  or her service; or
   93         3. An active law enforcement officer in good standing, or a
   94  law enforcement officer who retired or terminated employment in
   95  good standing and did not retire or terminate employment during
   96  the course of an internal affairs investigation.
   97         (b) A school safety designee authorized to carry a
   98  concealed weapon or firearm on school property under this
   99  subsection may carry such weapon or firearm only in a concealed
  100  manner. The weapon or firearm must be carried on the school
  101  safety designee’s person at all times while the school safety
  102  designee is performing his or her official school duties or, if
  103  the school safety designee is a volunteer, while performing his
  104  or her official school duties under the school safety program.
  105         (c) A school board that approves the use of a school safety
  106  designee shall develop policies consistent with this section to
  107  incorporate in its overall school safety plan. A school
  108  principal may recommend school safety designees to the school
  109  superintendent under this subsection. The school superintendent
  110  may designate individuals to serve as school safety designees
  111  who agree to accept the designation. If a superintendent
  112  designates one or more individuals pursuant to this section, the
  113  school district shall coordinate with each local law enforcement
  114  agency that may potentially respond to an emergency at a school
  115  in which a school safety designee is employed or volunteers to
  116  develop best practices and to allow the responding law
  117  enforcement agency to easily identify a school safety designee
  118  in an emergency. In the case of an emergency, a school safety
  119  designee shall be under the direction of the assigned school
  120  resource officer, if any. Upon the arrival of the local
  121  responding law enforcement agency, the school safety designee
  122  shall be under the direction of the responding law enforcement
  123  agency.
  124         (d) Each school safety designee must submit to the school
  125  superintendent proof of completion of a school safety program.
  126  The school safety program shall be created and defined by the
  127  Criminal Justice Standards and Training Commission and may
  128  include, but is not limited to, active-shooter training, firearm
  129  proficiency, school resource officer training, crisis
  130  intervention training, weapons retention training, and
  131  continuing education and training. The school safety program
  132  shall be developed and created by July 1, 2017. The school
  133  safety program shall be administered by criminal justice
  134  training centers operated by the State of Florida. Each state
  135  operated criminal justice training center that administers the
  136  school safety program must certify and provide proof of the
  137  trainee’s completion of the program in a manner prescribed by
  138  the Criminal Justice Standards and Training Commission.
  139         (e) School property at which a school safety designee may
  140  carry a concealed weapon or firearm under this subsection may be
  141  indicated with signage that reads: “Authorized Armed Defense
  142  Present and Permitted.”
  143         (f) Subsection (4) does not apply to school safety
  144  designees who are working or volunteering at the school to which
  145  they are assigned as school safety designees. A school safety
  146  designee who stores or leaves a weapon or firearm within the
  147  reach or easy access of a minor who obtains the firearm commits
  148  a misdemeanor of the second degree, punishable as provided in s.
  149  775.082 or s. 775.083.
  150         (g)1. If the school safety designee has not previously
  151  undergone level 2 background screening pursuant to s. 435.04 by
  152  the school board, the school superintendent must require the
  153  school safety designee to undergo the level 2 background
  154  screening pursuant to s. 435.04 at least once every 5 years. The
  155  school superintendent may require additional screenings at any
  156  time.
  157         2. If the school safety designee is screened pursuant to
  158  subparagraph 1., the school safety designee’s fingerprints must
  159  be submitted by the school or an entity or vendor as authorized
  160  by s. 943.053(13). The fingerprints must be forwarded to the
  161  Department of Law Enforcement for state processing, and the
  162  Department of Law Enforcement shall forward the fingerprints to
  163  the Federal Bureau of Investigation for national processing.
  164         3. All fingerprints submitted to the Department of Law
  165  Enforcement as required under this subsection shall be retained
  166  by the Department of Law Enforcement as provided under s.
  167  943.05(2)(g) and (h) and enrolled in the Federal Bureau of
  168  Investigation’s national retained print arrest notification
  169  program. Fingerprints shall be enrolled in the national retained
  170  print arrest notification program when the Department of Law
  171  Enforcement begins participation with the Federal Bureau of
  172  Investigation. Arrest fingerprints shall be searched against the
  173  retained prints of the Department of Law Enforcement and the
  174  Federal Bureau of Investigation, and any arrest record that is
  175  identified shall be reported to the school by the Department of
  176  Law Enforcement.
  177         4. The fees for state and national fingerprint processing,
  178  along with the fingerprint retention fees, shall be borne by the
  179  school safety designee or the school. The state shall pay the
  180  cost for fingerprint processing as authorized in s.
  181  943.053(3)(b) for records provided to persons or entities other
  182  than those specified as exceptions in 943.053(3)(b).
  183         5. A school superintendent shall notify the Department of
  184  Law Enforcement regarding any person whose fingerprints have
  185  been retained but who is no longer a school safety designee.
  186         (4)(2)(a) A person may shall not possess any firearm,
  187  electric weapon or device, destructive device, or other weapon
  188  as defined in s. 790.001(13), including a razor blade or box
  189  cutter, except as authorized in support of school-sanctioned
  190  activities, at a school-sponsored event or on the property of
  191  any school, school bus, or school bus stop; however, a person
  192  may carry a firearm:
  193         1. In a case to a firearms program, class or function which
  194  has been approved in advance by the principal or chief
  195  administrative officer of the school as a program or class to
  196  which firearms could be carried;
  197         2. In a case to a career center having a firearms training
  198  range; or
  199         3. In a vehicle pursuant to s. 790.25(5); except that
  200  school districts may adopt written and published policies that
  201  waive the exception in this subparagraph for purposes of student
  202  and campus parking privileges.
  203  
  204  For the purposes of this section, “school” means any preschool,
  205  elementary school, middle school, junior high school, secondary
  206  school, career center, or postsecondary school, whether public
  207  or nonpublic.
  208         (b) A person who willfully and knowingly possesses any
  209  electric weapon or device, destructive device, or other weapon
  210  as defined in s. 790.001(13), including a razor blade or box
  211  cutter, except as authorized in support of school-sanctioned
  212  activities, in violation of this subsection commits a felony of
  213  the third degree, punishable as provided in s. 775.082, s.
  214  775.083, or s. 775.084.
  215         (c)1. A person who willfully and knowingly possesses any
  216  firearm in violation of this subsection commits a felony of the
  217  third degree, punishable as provided in s. 775.082, s. 775.083,
  218  or s. 775.084.
  219         2. A person who stores or leaves a loaded firearm within
  220  the reach or easy access of a minor who obtains the firearm and
  221  commits a violation of subparagraph 1. commits a misdemeanor of
  222  the second degree, punishable as provided in s. 775.082 or s.
  223  775.083; except that this does not apply if the firearm was
  224  stored or left in a securely locked box or container or in a
  225  location which a reasonable person would have believed to be
  226  secure, or was securely locked with a firearm-mounted push
  227  button combination lock or a trigger lock; if the minor obtains
  228  the firearm as a result of an unlawful entry by any person; or
  229  to members of the Armed Forces, National Guard, or State
  230  Militia, or to police or other law enforcement officers, with
  231  respect to firearm possession by a minor which occurs during or
  232  incidental to the performance of their official duties.
  233         (d) A person who discharges any weapon or firearm while in
  234  violation of paragraph (a), unless discharged for lawful defense
  235  of himself or herself or another or for a lawful purpose,
  236  commits a felony of the second degree, punishable as provided in
  237  s. 775.082, s. 775.083, or s. 775.084.
  238         (e) The penalties of this subsection shall not apply to
  239  persons licensed under s. 790.06. Persons licensed under s.
  240  790.06 shall be punished as provided in s. 790.06(12), except
  241  that a licenseholder who unlawfully discharges a weapon or
  242  firearm on school property as prohibited by this subsection
  243  commits a felony of the second degree, punishable as provided in
  244  s. 775.082, s. 775.083, or s. 775.084.
  245         (5)(3) This section does not apply to any law enforcement
  246  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
  247  (8), (9), or (14).
  248         (6)(4) Notwithstanding s. 985.24, s. 985.245, or s.
  249  985.25(1), any minor under 18 years of age who is charged under
  250  this section with possessing or discharging a firearm on school
  251  property shall be detained in secure detention, unless the state
  252  attorney authorizes the release of the minor, and shall be given
  253  a probable cause hearing within 24 hours after being taken into
  254  custody. At the hearing, the court may order that the minor
  255  continue to be held in secure detention for a period of 21 days,
  256  during which time the minor shall receive medical, psychiatric,
  257  psychological, or substance abuse examinations pursuant to s.
  258  985.18, and a written report shall be completed.
  259         Section 3. Subsections (4) and (6) of section 1006.07,
  260  Florida Statutes, are amended, and subsection (7) is added to
  261  that section, to read:
  262         1006.07 District school board duties relating to student
  263  discipline and school safety.—The district school board shall
  264  provide for the proper accounting for all students, for the
  265  attendance and control of students at school, and for proper
  266  attention to health, safety, and other matters relating to the
  267  welfare of students, including:
  268         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  269         (a) Formulate and prescribe policies and procedures for
  270  emergency drills and for actual emergencies, including, but not
  271  limited to, fires, natural disasters, active shooters, hostage
  272  situations, and bomb threats, for all the public schools of the
  273  district which comprise grades K-12. District school board
  274  policies shall include commonly used alarm system responses for
  275  specific types of emergencies and verification by each school
  276  that drills have been provided as required by law and fire
  277  protection codes. The emergency response agency that is
  278  responsible for notifying the school district for each type of
  279  emergency must be listed in the district’s emergency response
  280  policy.
  281         (b) Establish model emergency management and emergency
  282  preparedness procedures, including emergency notification
  283  procedures pursuant to paragraph (a), for the following life
  284  threatening emergencies:
  285         1. Weapon-use, and hostage, and active-shooter situations.
  286  The active-shooter situation procedures for each school shall be
  287  developed in consultation with a local law enforcement agency.
  288         2. Hazardous materials or toxic chemical spills.
  289         3. Weather emergencies, including hurricanes, tornadoes,
  290  and severe storms.
  291         4. Exposure as a result of a manmade emergency.
  292         (6) SAFETY AND SECURITY BEST PRACTICES.—Use the Safety and
  293  Security Best Practices developed by the Office of Program
  294  Policy Analysis and Government Accountability to conduct a self
  295  assessment of the school districts’ current safety and security
  296  practices. Based on these self-assessment findings, the district
  297  school superintendent shall provide recommendations to the
  298  district school board and local law enforcement agencies that
  299  are first responders to the district campuses which identify
  300  strategies and activities that the district school board should
  301  implement in order to improve school safety and security.
  302  Annually each district school board must receive the self
  303  assessment results at a publicly noticed district school board
  304  meeting to provide the public an opportunity to hear the
  305  district school board members discuss and take action on the
  306  report findings. Each district school superintendent shall
  307  report the self-assessment results and school board action to
  308  the commissioner within 30 days after the district school board
  309  meeting.
  310         (7) SAFETY IN CONSTRUCTION AND PLANNING.—Allow local law
  311  enforcement agencies that are first responders to the schools to
  312  tour the school campuses at least once every 3 years. A private
  313  school principal or governing board must also allow local law
  314  enforcement agencies that are first responders to the schools to
  315  tour the school campuses at least once every 3 years. Any
  316  changes related to school safety and emergency issues
  317  recommended by a law enforcement agency based on a campus tour
  318  must be documented by the district school board or the private
  319  school principal or governing board.
  320         Section 4. Paragraph (b) of subsection (2) of section
  321  1006.12, Florida Statutes, is amended to read:
  322         1006.12 School resource officers and school safety
  323  officers.—
  324         (2)
  325         (b) A district school board may commission one or more
  326  school safety officers on each school campus for the protection
  327  and safety of school personnel, property, and students within
  328  the school district. The district school superintendent may
  329  recommend and the district school board may appoint the one or
  330  more school safety officers.
  331         Section 5. Paragraphs (q) and (r) of subsection (2) of
  332  section 435.04, Florida Statutes, are amended to read:
  333         435.04 Level 2 screening standards.—
  334         (2) The security background investigations under this
  335  section must ensure that no persons subject to the provisions of
  336  this section have been arrested for and are awaiting final
  337  disposition of, have been found guilty of, regardless of
  338  adjudication, or entered a plea of nolo contendere or guilty to,
  339  or have been adjudicated delinquent and the record has not been
  340  sealed or expunged for, any offense prohibited under any of the
  341  following provisions of state law or similar law of another
  342  jurisdiction:
  343         (q) Section 790.115(2) 790.115(1), relating to exhibiting
  344  firearms or weapons within 1,000 feet of a school.
  345         (r) Section 790.115(4)(b) 790.115(2)(b), relating to
  346  possessing an electric weapon or device, destructive device, or
  347  other weapon on school property.
  348         Section 6. Paragraphs (d) and (f) of subsection (3) of
  349  section 921.0022, Florida Statutes, are amended to read:
  350         921.0022 Criminal Punishment Code; offense severity ranking
  351  chart.—
  352         (3) OFFENSE SEVERITY RANKING CHART
  353         (d) LEVEL 4
  354  
  355  
  356  FloridaStatute    FelonyDegree           Description            
  357  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  358  499.0051(1)          3rd   Failure to maintain or deliver pedigree papers.
  359  499.0051(2)          3rd   Failure to authenticate pedigree papers.
  360  499.0051(6)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  361  517.07(1)            3rd   Failure to register securities.   
  362  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  363  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  364  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  365  784.075              3rd   Battery on detention or commitment facility staff.
  366  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  367  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  368  784.081(3)           3rd   Battery on specified official or employee.
  369  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  370  784.083(3)           3rd   Battery on code inspector.        
  371  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  372  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  373  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  374  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  375  787.07               3rd   Human smuggling.                  
  376  790.115(2)790.115(1)   3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  377  790.115(4)(b)790.115(2)(b)   3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  378  790.115(4)(c)790.115(2)(c)   3rd   Possessing firearm on school property.
  379  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  380  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  381  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  382  810.06               3rd   Burglary; possession of tools.    
  383  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  384  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  385  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  386  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  387  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  388  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  389  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
  390  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  391  837.02(1)            3rd   Perjury in official proceedings.  
  392  837.021(1)           3rd   Make contradictory statements in official proceedings.
  393  838.022              3rd   Official misconduct.              
  394  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  395  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  396  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  397  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  398  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  399  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  400  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  401  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  402  914.14(2)            3rd   Witnesses accepting bribes.       
  403  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  404  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  405  918.12               3rd   Tampering with jurors.            
  406  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  407         (f) LEVEL 6
  408  
  409  
  410  FloridaStatute              FelonyDegree        Description        
  411  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  412  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  413  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  414  499.0051(3)                      2nd     Knowing forgery of pedigree papers.
  415  499.0051(4)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  416  499.0051(5)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  417  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  418  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  419  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  420  784.041                          3rd     Felony battery; domestic battery by strangulation.
  421  784.048(3)                       3rd     Aggravated stalking; credible threat.
  422  784.048(5)                       3rd     Aggravated stalking of person under 16.
  423  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  424  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  425  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  426  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  427  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  428  784.083(2)                       2nd     Aggravated assault on code inspector.
  429  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  430  790.115(4)(d)790.115(2)(d)       2nd     Discharging firearm or weapon on school property.
  431  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  432  790.164(1)                       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  433  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  434  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  435  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  436  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  437  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  438  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  439  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  440  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  441  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  442  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  443  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  444  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  445  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  446  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  447  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  448  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  449  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  450  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  451  827.03(2)(c)                     3rd     Abuse of a child.         
  452  827.03(2)(d)                     3rd     Neglect of a child.       
  453  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  454  836.05                           2nd     Threats; extortion.       
  455  836.10                           2nd     Written threats to kill or do bodily injury.
  456  843.12                           3rd     Aids or assists person to escape.
  457  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  458  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  459  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  460  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  461  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  462  944.40                           2nd     Escapes.                  
  463  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  464  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  465  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  466         Section 7. Paragraphs (n) and (o) of subsection (1) of
  467  section 1012.315, Florida Statutes, are amended to read:
  468         1012.315 Disqualification from employment.—A person is
  469  ineligible for educator certification, and instructional
  470  personnel and school administrators, as defined in s. 1012.01,
  471  are ineligible for employment in any position that requires
  472  direct contact with students in a district school system,
  473  charter school, or private school that accepts scholarship
  474  students under s. 1002.39 or s. 1002.395, if the person,
  475  instructional personnel, or school administrator has been
  476  convicted of:
  477         (1) Any felony offense prohibited under any of the
  478  following statutes:
  479         (n) Section 790.115(2) 790.115(1), relating to exhibiting
  480  firearms or weapons at a school-sponsored event, on school
  481  property, or within 1,000 feet of a school.
  482         (o) Section 790.115(4)(b) 790.115(2)(b), relating to
  483  possessing an electric weapon or device, destructive device, or
  484  other weapon at a school-sponsored event or on school property.
  485         Section 8. For the purpose of incorporating the amendment
  486  made by this act to section 1006.07, Florida Statutes, in a
  487  reference thereto, subsection (16) of section 1002.42, Florida
  488  Statutes, is reenacted to read:
  489         1002.42 Private schools.—
  490         (16) EMERGENCY PROCEDURES.—The emergency response agencies
  491  identified in a district school board’s emergency response
  492  policy pursuant to s. 1006.07(4) which are responsible for
  493  notifying the school district of an occurrence that threatens
  494  student safety shall also notify private schools in the district
  495  that request such notification by opting into the district
  496  school board’s emergency notification procedures.
  497         Section 9. For the 2016-2017 fiscal year, the sum of
  498  $157,927 in nonrecurring funds is appropriated from the General
  499  Revenue Fund to the Department of Law Enforcement for the
  500  Criminal Justice Standards and Training Commission to develop
  501  the training curriculum as required by this act.
  502         Section 10. This act shall take effect July 1, 2016.