Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Braynon moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 1578 - 2015
    4  and insert:
    5         (3) Participate in the Florida Sheriff’s Marshal Pilot
    6  Program, established pursuant to s. 1006.1491, if the district
    7  is authorized to participate in the program. Upon a
    8  participant’s completion of the program, the district school
    9  board shall designate a special deputy sheriff, as appointed by
   10  the sheriff as a law enforcement officer certified under chapter
   11  943, pursuant to s. 30.072(2).
   12         Section 1. Section 1006.149, Florida Statutes, is created
   13  to read:
   14         1006.149 Public School Emergency Response Learning System
   15  Program.—
   16         (1) The Public School Emergency Response Learning System
   17  Program is established to assist school personnel in preparing
   18  for and responding to active emergency situations and to
   19  implement local notification systems for all Florida public
   20  schools, with the ultimate goal of preventing tragedy and the
   21  loss of life through proactive strategies.
   22         (2) The program is created within the department and shall
   23  be administered by the Office of Safe Schools, created pursuant
   24  to s. 1001.217. Through the program, local law enforcement
   25  agencies shall partner with participating public preschools,
   26  public child care providers, or public school districts and
   27  schools. Training, notifications, and resources must be
   28  available for school personnel and students and their families
   29  through, at minimum, the following mechanisms:
   30         (a) Activities and direct training to mitigate risk and
   31  save lives in emergency situations, such as lockdown, bomb
   32  threat, active shooter, and other emergency situations.
   33         (b) Vital local notification systems implemented to alert
   34  schools of imminent danger.
   35         (c) Other resources provided in conjunction with the
   36  training, including, but not limited to, an emergency plan flip
   37  chart, communication cards, instructional resources, activity
   38  books for children and teachers, and certificates of training
   39  and completion.
   40         (3) Each program participant must develop a preemptive plan
   41  of action that includes multiple options for addressing various
   42  situations based on the form of danger present and the unique
   43  needs and circumstances of each school and its faculty, staff,
   44  students, and visitors.
   45         (4) A school district must include in its emergency
   46  notification procedures established pursuant to s. 1006.07 any
   47  program participant who notifies the district of his or her
   48  desire to participate.
   49         (5) Funding for program activities may be provided by the
   50  Legislature to implement this section.
   51         Section 2. Section 1006.1491, Florida Statutes, is created
   52  to read:
   53         1006.1491Florida Sheriff’s Marshal Pilot Program.—The
   54  Florida Sheriff’s Marshal Pilot Program is created within the
   55  department as a voluntary program to assist public schools in
   56  the school districts in Citrus, Holmes, and Nassau Counties in
   57  enhancing the safety and security of students, faculty, and
   58  staff of, and visitors to, public schools and campuses in those
   59  counties. The program is administered by the Office of Safe
   60  Schools, created pursuant to s. 1001.217.
   61         (1) PURPOSE.—The purpose of the program is to provide
   62  comprehensive firearm safety and proficiency training for
   63  selected faculty and staff strategically focused on providing
   64  security on campus during an active assailant incident. Public
   65  school faculty and staff who voluntarily participate in and
   66  complete the program, as recommended by the school district, are
   67  designated as special deputy sheriffs with all rights,
   68  responsibilities, and obligations in carrying concealed firearms
   69  on campus, as authorized pursuant to s. 30.09.
   70         (2) DEFINITIONS.—As used in this section, the term:
   71         (a) “Active assailant incident” means a situation in which
   72  an armed assailant is posing an immediate deadly threat to
   73  persons on the premises or campus of a public school.
   74         (b) “Campus” means a school, as defined in s. 1003.01(2),
   75  and facilities and school plants operated and controlled by a
   76  public school district in accordance with s. 1003.02.
   77         (c) “Partnership agreement” means a jointly approved
   78  contract between the sheriff operating the program and the
   79  superintendent of a participating school district sponsor.
   80         (d) “Program” means a Florida Sheriff’s Marshal Pilot
   81  Program as established and administered by a sheriff in
   82  accordance with this section.
   83         (e) “Sheriff” means the county sheriff constitutional
   84  officer elected or appointed in accordance with chapter 30 of a
   85  county that is authorized and elects to participate in the
   86  program.
   87         (f) “Sheriff’s marshal” means a faculty or staff member who
   88  is recommended and sponsored by a school district and has been
   89  successfully screened and approved by the sheriff to participate
   90  in a program.
   91         (g) “Special deputy sheriff” means a program participant
   92  who has successfully completed the program and who is appointed
   93  as a law enforcement officer in the same manner as a deputy
   94  sheriff as provided in s. 30.072(2) and certified under chapter
   95  943.
   96         (3) PROGRAM ELIGIBILITY.—At a minimum, program eligibility
   97  and participation requirements must include:
   98         (a) A school district authorized to participate may sponsor
   99  and recommend to the sheriff public school faculty and staff
  100  members as candidates for voluntary participation in the
  101  program. The sheriff shall establish timelines and requirements
  102  for participation through a partnership agreement with the
  103  sponsoring school district superintendent. To be eligible for
  104  consideration and recommendation, a candidate must be licensed
  105  in accordance with s. 790.06.
  106         (b) After screening a candidate, including performing
  107  criminal background checks, drug testing, and a psychological
  108  evaluation, the sheriff may approve a candidate to participate
  109  in the program as a sheriff’s marshal.
  110         (c) Upon successful completion of the program, a sheriff’s
  111  marshal may be appointed by the sheriff as a special deputy
  112  sheriff for the limited purpose of responding to an active
  113  assailant incident on a campus of his or her school district
  114  during an active assailant incident.
  115         (4) SPECIAL DEPUTY SHERIFF.—
  116         (a) At a minimum, the partnership agreement must provide
  117  that a special deputy sheriff:
  118         1. Must participate in and complete the program’s
  119  professional training requirements as a precondition to meeting
  120  the legal requirements of chapter 30 to be eligible to carry a
  121  concealed firearm on a campus of his or her sponsoring school
  122  district.
  123         2. May not act in any law enforcement capacity outside of
  124  an active assailant incident on a school district campus and
  125  does not have any authority in a law enforcement capacity off
  126  campus in any way, except as otherwise expressly authorized by
  127  law.
  128         3. May carry concealed, approved firearms on campus. The
  129  firearms must be specifically purchased and issued for the sole
  130  purpose of the program. Only concealed carry safety holsters and
  131  firearms approved by the sheriff may be used under the program.
  132         4. Must successfully complete training with the sheriff’s
  133  office before his or her appointment as a special deputy
  134  sheriff, including meeting the requirements of this section.
  135         (b) The appointment of a person as a special deputy sheriff
  136  does not entitle the person to the special risk category that
  137  applies to law enforcement officers pursuant to s. 121.0515.
  138         (5) TRAINING AND INSTRUCTION.—All training must be
  139  conducted by Criminal Justice Standards Training Commission
  140  (CJSTC)-certified instructors.
  141         (a) Required instruction must include 132 total hours of
  142  comprehensive firearm safety and proficiency training in the
  143  following topics:
  144         1. Firearms: 80-hour block of instruction. The firearms
  145  instruction must be based on the CJSTC Law Enforcement Academy
  146  training model and must be enhanced to include 10 percent to 20
  147  percent more rounds fired by each program participant beyond the
  148  minimum average of approximately 1,000 training rounds
  149  associated with academy training. Program participants must
  150  achieve an 85 percent pass rate on the firearms training.
  151         2. Firearms precision pistol: 16-hour block of instruction.
  152         3. Firearms discretionary shooting: 4-hour block of
  153  instruction using state-of-the-art simulator exercises.
  154         4. Active shooter or assailant: 8-hour block of
  155  instruction.
  156         5. Defensive tactics: 4-hour block of instruction.
  157         6. Legal or high liability: 20-hour block of instruction.
  158         (b) Program participants may complete an optional, 16-hour
  159  precision pistol course as additional training.
  160         (c) Ongoing and annual proficiency retraining must be
  161  conducted by the sheriff, as specified in the agreement.
  162         (6) PARTICIPATION DENIAL OR TERMINATION.—The sheriff or the
  163  district superintendent may deny or terminate a sheriff’s
  164  marshal or special deputy sheriff’s participation in the program
  165  for any reason, including, but not limited to, any of the
  166  following circumstances:
  167         (a) An arrest or filing of criminal charges against a
  168  program participant by a law enforcement agency.
  169         (b) The service of process on the program participant as
  170  the respondent of an injunction for protection.
  171         (c) The involuntary placement of the program participant in
  172  a treatment facility for a mental health examination under The
  173  Baker Act.
  174         (d) A violation of sheriff office policies, orders, or
  175  requirements by the program participant.
  176         (e) A violation of the school district’s code of conduct or
  177  employee handbook or policy by the program participant.
  178         (7) IMPLEMENTATION.—
  179         (a) The sheriff shall maintain documentation of weapon and
  180  equipment inspections, as well as the training, certification,
  181  inspection, and qualification records of each program
  182  participant.
  183         (b) Each program participant must be distinctly and
  184  visually identifiable to responding law enforcement officers,
  185  faculty, staff, and students, in the case of any active
  186  assailant incident on a sponsoring school district’s campus.
  187         (c) Each sheriff’s marshal must execute a volunteer
  188  agreement with the sheriff’s office outlining duties and
  189  responsibilities.
  190         (d) A sponsoring school district must conduct awareness
  191  training about the program for all school district faculty and
  192  staff members.
  193         (e) Specific implementation requirements, responsibilities,
  194  and other aspects of implementation must be specified in a
  195  partnership agreement.
  196         (8) FUNDING.—The costs of program participation must be
  197  established in the partnership agreement. Funding may be
  198  provided by the Legislature to support school district and
  199  sheriff office administration, sponsorship, participation, and
  200  implementation of this section.
  201         Section 3. Section 1006.1493, Florida Statutes, is created
  202  to read:
  203         1006.1493Florida Safe Schools Assessment Tool.—
  204         (1) The department shall contract with a security
  205  consulting firm that specializes in the development of risk
  206  assessment software solutions and has experience in conducting
  207  security assessments of public facilities to develop, update,
  208  and implement a risk assessment tool, which shall be known as
  209  the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
  210  be used by school officials at each school district and public
  211  school site in the state in conducting security assessments for
  212  use by school officials at each school district and public
  213  school site in the state.
  214         (2) The FSSAT must help school officials identify threats,
  215  vulnerabilities, and appropriate safety controls for the schools
  216  that they supervise, pursuant to the security risk assessment
  217  requirements of s. 1006.07(6).
  218         (a) At a minimum, the FSSAT must address all of the
  219  following components:
  220         1. School emergency and crisis preparedness planning;
  221         2. Security, crime, and violence prevention policies and
  222  procedures;
  223         3. Physical security measures;
  224         4. Professional development training needs;
  225         5. An examination of support service roles in school
  226  safety, security, and emergency planning;
  227         6. School security and school police staffing, operational
  228  practices, and related services;
  229         7. School and community collaboration on school safety; and
  230         8. A return on investment analysis of the recommended
  231  physical security controls.
  232         (b) The department shall require by contract that the
  233  security consulting firm:
  234         1. Generate written automated reports on assessment
  235  findings for review by the department and school and district
  236  officials;
  237         2. Provide training to the department and school officials
  238  in the use of the FSSAT and other areas of importance identified
  239  by the department; and
  240         3. Advise in the development and implementation of
  241  templates, formats, guidance, and other resources necessary to
  242  facilitate the implementation of this section at state,
  243  district, school, and local levels.
  244         (3) By December 1, 2018, and annually by that date
  245  thereafter, the department must report to the Governor, the
  246  President of the Senate, and the Speaker of the House of
  247  Representatives on the status of implementation across school
  248  districts and schools. The report must include a summary of the
  249  positive school safety measures in place at the time of the
  250  assessment and any recommendations for policy changes or funding
  251  needed to facilitate continued school safety planning,
  252  improvement, and response at the state, district, or school
  253  levels.
  254         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
  255  and information related to security risk assessments
  256  administered pursuant to this section and s. 1006.07(6) and the
  257  security information contained in the annual report required
  258  pursuant to subsection (3) are confidential and exempt from
  259  public records requirements.
  260         Section 4. Present subsections (16) and (17) of section
  261  1011.62, Florida Statutes, are redesignated as subsections (17)
  262  and (18), respectively, paragraph (a) of subsection (4) and
  263  subsections (14) and (15) of that section are amended, and a new
  264  subsection (16) is added to that section, to read:
  265         1011.62 Funds for operation of schools.—If the annual
  266  allocation from the Florida Education Finance Program to each
  267  district for operation of schools is not determined in the
  268  annual appropriations act or the substantive bill implementing
  269  the annual appropriations act, it shall be determined as
  270  follows:
  272  Legislature shall prescribe the aggregate required local effort
  273  for all school districts collectively as an item in the General
  274  Appropriations Act for each fiscal year. The amount that each
  275  district shall provide annually toward the cost of the Florida
  276  Education Finance Program for kindergarten through grade 12
  277  programs shall be calculated as follows:
  278         (a) Estimated taxable value calculations.—
  279         1.a. Not later than 2 working days before July 19, the
  280  Department of Revenue shall certify to the Commissioner of
  281  Education its most recent estimate of the taxable value for
  282  school purposes in each school district and the total for all
  283  school districts in the state for the current calendar year
  284  based on the latest available data obtained from the local
  285  property appraisers. The value certified shall be the taxable
  286  value for school purposes for that year, and no further
  287  adjustments shall be made, except those made pursuant to
  288  paragraphs (c) and (d), or an assessment roll change required by
  289  final judicial decisions as specified in paragraph (17)(b)
  290  (16)(b). Not later than July 19, the Commissioner of Education
  291  shall compute a millage rate, rounded to the next highest one
  292  one-thousandth of a mill, which, when applied to 96 percent of
  293  the estimated state total taxable value for school purposes,
  294  would generate the prescribed aggregate required local effort
  295  for that year for all districts. The Commissioner of Education
  296  shall certify to each district school board the millage rate,
  297  computed as prescribed in this subparagraph, as the minimum
  298  millage rate necessary to provide the district required local
  299  effort for that year.
  300         b. The General Appropriations Act shall direct the
  301  computation of the statewide adjusted aggregate amount for
  302  required local effort for all school districts collectively from
  303  ad valorem taxes to ensure that no school district’s revenue
  304  from required local effort millage will produce more than 90
  305  percent of the district’s total Florida Education Finance
  306  Program calculation as calculated and adopted by the
  307  Legislature, and the adjustment of the required local effort
  308  millage rate of each district that produces more than 90 percent
  309  of its total Florida Education Finance Program entitlement to a
  310  level that will produce only 90 percent of its total Florida
  311  Education Finance Program entitlement in the July calculation.
  312         2. On the same date as the certification in sub
  313  subparagraph 1.a., the Department of Revenue shall certify to
  314  the Commissioner of Education for each district:
  315         a. Each year for which the property appraiser has certified
  316  the taxable value pursuant to s. 193.122(2) or (3), if
  317  applicable, since the prior certification under sub-subparagraph
  318  1.a.
  319         b. For each year identified in sub-subparagraph a., the
  320  taxable value certified by the appraiser pursuant to s.
  321  193.122(2) or (3), if applicable, since the prior certification
  322  under sub-subparagraph 1.a. This is the certification that
  323  reflects all final administrative actions of the value
  324  adjustment board.
  325         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  326  annually in the General Appropriations Act determine a
  327  percentage increase in funds per K-12 unweighted FTE as a
  328  minimum guarantee to each school district. The guarantee shall
  329  be calculated from prior year base funding per unweighted FTE
  330  student which shall include the adjusted FTE dollars as provided
  331  in subsection (17) (16), quality guarantee funds, and actual
  332  nonvoted discretionary local effort from taxes. From the base
  333  funding per unweighted FTE, the increase shall be calculated for
  334  the current year. The current year funds from which the
  335  guarantee shall be determined shall include the adjusted FTE
  336  dollars as provided in subsection (17) (16) and potential
  337  nonvoted discretionary local effort from taxes. A comparison of
  338  current year funds per unweighted FTE to prior year funds per
  339  unweighted FTE shall be computed. For those school districts
  340  which have less than the legislatively assigned percentage
  341  increase, funds shall be provided to guarantee the assigned
  342  percentage increase in funds per unweighted FTE student. Should
  343  appropriated funds be less than the sum of this calculated
  344  amount for all districts, the commissioner shall prorate each
  345  district’s allocation. This provision shall be implemented to
  346  the extent specifically funded.
  347         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  348  created to provide funding to assist school districts in their
  349  compliance with subpart I.C. of chapter 1006 ss. 1006.07
  350  1006.148, with priority given to satisfying the requirement of
  351  establishing or assigning at least one safe-school officer at
  352  each school facility within the district a school resource
  353  officer program pursuant to s. 1006.12. Each school district
  354  shall receive a minimum safe schools allocation in an amount
  355  provided in the General Appropriations Act. Of the remaining
  356  balance of the safe schools allocation, two-thirds shall be
  357  allocated to school districts based on the most recent official
  358  Florida Crime Index provided by the Department of Law
  359  Enforcement and one-third shall be allocated based on each
  360  school district’s proportionate share of the state’s total
  361  unweighted full-time equivalent student enrollment.
  362         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
  363  assistance allocation is created to provide funding to assist
  364  school districts and charter schools in their compliance with
  365  the requirements and specifications established in s. 1006.05.
  366  These funds must be allocated annually in the General
  367  Appropriations Act to each eligible school district and
  368  developmental research school based on each entity’s
  369  proportionate share of Florida Education Finance Program base
  370  funding, in accordance with s. 1006.05. The district funding
  371  allocation must include a minimum amount, as provided in the
  372  General Appropriations Act. Eligible charter schools are
  373  entitled to a proportionate share of district funding for the
  374  program. The allocated funds may not supplant funds that are
  375  provided for this purpose from other operating funds and may not
  376  be used to increase salaries or provide bonuses, except for
  377  personnel hired to implement the plans required by s. 1006.05.
  378  School districts and schools must maximize third-party funding
  379  from Medicaid and private insurance when appropriate.
  380         Section 5. For the purpose of incorporating the amendment
  381  made by this act to section 790.065, Florida Statutes, in a
  382  reference thereto, subsection (2) of section 397.6760, Florida
  383  Statutes, is reenacted to read:
  384         397.6760 Court records; confidentiality.—
  385         (2) This section does not preclude the clerk of the court
  386  from submitting the information required by s. 790.065 to the
  387  Department of Law Enforcement.
  388         Section 6. For the purpose of incorporating the amendment
  389  made by this act to section 790.065, Florida Statutes, in a
  390  reference thereto, paragraph (e) of subsection (3) of section
  391  790.335, Florida Statutes, is reenacted to read:
  392         790.335 Prohibition of registration of firearms; electronic
  393  records.—
  394         (3) EXCEPTIONS.—The provisions of this section shall not
  395  apply to:
  396         (e)1. Records kept pursuant to the recordkeeping provisions
  397  of s. 790.065; however, nothing in this section shall be
  398  construed to authorize the public release or inspection of
  399  records that are made confidential and exempt from the
  400  provisions of s. 119.07(1) by s. 790.065(4)(a).
  401         2. Nothing in this paragraph shall be construed to allow
  402  the maintaining of records containing the names of purchasers or
  403  transferees who receive unique approval numbers or the
  404  maintaining of records of firearm transactions.
  405         Section 7. Each January 1, the Department of Agriculture
  406  and Consumer Services shall transfer 10 percent of the fees
  407  collected for new and renewal concealed weapon or firearm
  408  licenses from the Division of Licensing Trust Fund to the
  409  Department of Legal Affairs to reimburse verified or designated
  410  trauma centers for documented medical costs of treating victims
  411  of mass shootings through its Medical Reimbursement Program for
  412  Victims of Mass Shootings.
  413         Section 8. The sum of $10 million in recurring funds from
  414  the General Revenue Fund is appropriated to the Department of
  415  Legal Affairs to reimburse verified or designated trauma centers
  416  for documented medical costs of treating victims of mass
  417  shootings through its Medical Reimbursement Program for Victims
  418  of Mass Shootings.
  419         Section 9. For the 2018-2019 fiscal year, the sum of $100
  420  million in recurring funds is appropriated from the General
  421  Revenue Fund to the Department of Education in the Aid to Local
  422  Governments Grants and Aids – Florida Education Finance Program
  423  to fund the mental health assistance allocation created pursuant
  424  to s. 1011.62(16), Florida Statutes.
  425         Section 10. For the 2018-2019 fiscal year, the sum of
  426  $500,000 in nonrecurring funds is appropriated from the General
  427  Revenue Fund to the Department of Education for the design and
  428  construction of a memorial honoring those who lost their lives
  429  on February 14, 2018, at Marjory Stoneman Douglas High School in
  430  Broward County. The department shall collaborate with the
  431  students and faculty of Marjory Stoneman Douglas High School,
  432  the families of the victims, the Broward County School District,
  433  and other relevant entities of the Parkland community on the
  434  design and placement of the memorial.
  435         Section 11. For the 2018-2019 fiscal year, the sum of $15
  436  million in nonrecurring funds is appropriated from the General
  437  Revenue Fund to the Department of Education combined with an
  438  equal amount of local matching funds for the purpose of
  439  replacing Building 12, as listed in the Florida Inventory of
  440  School Houses, at Marjory Stoneman Douglas High School in
  441  Broward County.
  443  ================= T I T L E  A M E N D M E N T ================
  444  And the title is amended as follows:
  445         Delete lines 188 - 200
  446  and insert:
  447         participation in the Florida Sheriff’s Marshal Pilot
  448         Program meets the requirement; creating s. 1006.149,
  449         F.S.; establishing the Public School Emergency
  450         Response Learning System Program within the
  451         department; establishing the program as a partnership
  452         between local law enforcement agencies and public
  453         education entities; specifying activities, training,
  454         notification systems, and resources provided through
  455         the program; requiring each program participant to
  456         develop a preemptive plan of action; authorizing
  457         funding provided by the Legislature to implement the
  458         program; creating s. 1006.1491, F.S.; creating the
  459         Florida Sheriff’s Marshal Pilot Program within the