Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì234288IÎ234288                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             03/03/2018 06:06 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Galvano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Marjory Stoneman
    6  Douglas High School Public Safety Act.”
    7         Section 2. The Legislature finds there is a need to
    8  comprehensively address the crisis of gun violence, including
    9  but not limited to, gun violence on school campuses. The
   10  Legislature intends to address this crisis by providing law
   11  enforcement and the courts with the tools to enhance public
   12  safety by temporarily restricting firearm possession by a person
   13  who is undergoing a mental health crisis and when there is
   14  evidence of a threat of violence, and by promoting school safety
   15  and enhanced coordination between education and law enforcement
   16  entities at the state and local level.
   17         Section 3. Paragraph (d) is added to subsection (5) of
   18  section 16.555, Florida Statutes, to read:
   19         16.555 Crime Stoppers Trust Fund; rulemaking.—
   20         (5)
   21         (d)Grants may be awarded to fund student crime watch
   22  programs pursuant to s. 1006.07(3).
   23         Section 4. Paragraph (j) is added to subsection (3) of
   24  section 20.15, Florida Statutes, to read:
   25         20.15 Department of Education.—There is created a
   26  Department of Education.
   27         (3) DIVISIONS.—The following divisions of the Department of
   28  Education are established:
   29         (j) The Office of Safe Schools.
   30         Section 5. Paragraph (k) is added to subsection (1) of
   31  section 30.15, Florida Statutes, to read:
   32         30.15 Powers, duties, and obligations.—
   33         (1) Sheriffs, in their respective counties, in person or by
   34  deputy, shall:
   35         (k) Establish, if the sheriff so chooses, a school marshal
   36  program to aid in the prevention or abatement of active
   37  assailant incidents on school premises. A school marshal has no
   38  authority to act in any law enforcement capacity except to the
   39  extent necessary to prevent or abate an active assailant
   40  incident on a school premises. The sheriff who chooses to
   41  establish the program shall appoint as school marshals, without
   42  the power of arrest, school employees who volunteer and who:
   43         1. Hold a valid license issued under s. 790.06.
   44         2. Complete 132 total hours of comprehensive firearm safety
   45  and proficiency training conducted by Criminal Justice Training
   46  and Standards Commission-certified instructors, which must
   47  include:
   48         a. Eighty hours of firearms instruction based on the
   49  Criminal Justice Standards and Training Commission’s Law
   50  Enforcement Academy training model, which must include at least
   51  10 percent but no more than 20 percent more rounds fired than
   52  associated with academy training. Program participants must
   53  achieve an 85 percent pass rate on the firearms training.
   54         b. Sixteen hours of instruction in precision pistol.
   55         c.Eight hours of discretionary shooting instruction using
   56  state-of-the-art simulator exercises.
   57         d. Eight hours of instruction in active shooter or
   58  assailant scenarios.
   59         e. Eight hours of instruction in defensive tactics.
   60         f. Twelve hours of instruction in legal issues.
   61         3. Pass a psychological evaluation administered by a
   62  psychologist licensed under chapter 490 and designated by the
   63  Department of Law Enforcement and submit the results of the
   64  evaluation to the sheriff’s office. The Department of Law
   65  Enforcement is authorized to provide the sheriff’s office with
   66  mental health and substance abuse data for compliance with this
   67  paragraph.
   68         4. Submit to and pass an initial drug test and subsequent
   69  random drug tests in accordance with the requirements of s.
   70  112.0455 and the sheriff’s office.
   71         5. Successfully complete ongoing training, weapon
   72  inspection, and firearm qualification on at least an annual
   73  basis.
   74  
   75  The sheriff shall issue a school marshal certificate to
   76  individuals who meet the requirements of subparagraph 2. The
   77  sheriff shall maintain documentation of weapon and equipment
   78  inspections, as well as the training, certification, inspection,
   79  and qualification records of each school marshal appointed by
   80  the sheriff.
   81         Section 6. Paragraph (c) of subsection (9) of section
   82  121.091, Florida Statutes, is amended, and paragraph (f) is
   83  added to that subsection to read:
   84         121.091 Benefits payable under the system.—Benefits may not
   85  be paid under this section unless the member has terminated
   86  employment as provided in s. 121.021(39)(a) or begun
   87  participation in the Deferred Retirement Option Program as
   88  provided in subsection (13), and a proper application has been
   89  filed in the manner prescribed by the department. The department
   90  may cancel an application for retirement benefits when the
   91  member or beneficiary fails to timely provide the information
   92  and documents required by this chapter and the department’s
   93  rules. The department shall adopt rules establishing procedures
   94  for application for retirement benefits and for the cancellation
   95  of such application when the required information or documents
   96  are not received.
   97         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   98         (c) Any person whose retirement is effective on or after
   99  July 1, 2010, or whose participation in the Deferred Retirement
  100  Option Program terminates on or after July 1, 2010, who is
  101  retired under this chapter, except under the disability
  102  retirement provisions of subsection (4) or as provided in s.
  103  121.053, may be reemployed by an employer that participates in a
  104  state-administered retirement system and receive retirement
  105  benefits and compensation from that employer. However, a person
  106  may not be reemployed by an employer participating in the
  107  Florida Retirement System before meeting the definition of
  108  termination in s. 121.021 and may not receive both a salary from
  109  the employer and retirement benefits for 6 calendar months after
  110  meeting the definition of termination, except as provided in
  111  paragraph (f). However, a DROP participant shall continue
  112  employment and receive a salary during the period of
  113  participation in the Deferred Retirement Option Program, as
  114  provided in subsection (13).
  115         1. The reemployed retiree may not renew membership in the
  116  Florida Retirement System, except as provided in s. 121.122.
  117         2. The employer shall pay retirement contributions in an
  118  amount equal to the unfunded actuarial liability portion of the
  119  employer contribution that would be required for active members
  120  of the Florida Retirement System in addition to the
  121  contributions required by s. 121.76.
  122         3. A retiree initially reemployed in violation of this
  123  paragraph and an employer that employs or appoints such person
  124  are jointly and severally liable for reimbursement of any
  125  retirement benefits paid to the retirement trust fund from which
  126  the benefits were paid, including the Florida Retirement System
  127  Trust Fund and the Public Employee Optional Retirement Program
  128  Trust Fund, as appropriate. The employer must have a written
  129  statement from the employee that he or she is not retired from a
  130  state-administered retirement system. Retirement benefits shall
  131  remain suspended until repayment is made. Benefits suspended
  132  beyond the end of the retiree’s 6-month reemployment limitation
  133  period shall apply toward the repayment of benefits received in
  134  violation of this paragraph.
  135         (f)A retired law enforcement officer may be reemployed as
  136  a school resource officer by an employer that participates in
  137  the Florida Retirement System and receive compensation from that
  138  employer and retirement benefits after meeting the definition of
  139  termination in s. 121.021, but may not receive both a salary
  140  from the employer and retirement benefits for 6 calendar months
  141  immediately subsequent to the date of retirement. The reemployed
  142  retired law enforcement officer may not renew membership in the
  143  Florida Retirement System, except as provided in s. 121.122.
  144         Section 7. Paragraphs (c) and (d) of subsection (2) of
  145  section 394.463, Florida Statutes, are amended to read:
  146         394.463 Involuntary examination.—
  147         (2) INVOLUNTARY EXAMINATION.—
  148         (c) A law enforcement officer acting in accordance with an
  149  ex parte order issued pursuant to this subsection may:
  150         1. Serve and execute such order on any day of the week, at
  151  any time of the day or night; and
  152         2. Use such reasonable physical force as is necessary to
  153  gain entry to the premises, and any dwellings, buildings, or
  154  other structures located on the premises, and take custody of
  155  the person who is the subject of the ex parte order. When
  156  practicable, a law enforcement officer who has received crisis
  157  intervention team (CIT) training shall be assigned to serve and
  158  execute the ex parte order.
  159         (d)1. A law enforcement officer taking custody of a person
  160  under this subsection may seize and hold a firearm or any
  161  ammunition the person possesses at the time of taking him or her
  162  into custody if the person poses a potential danger to himself
  163  or herself or others and has made a credible threat of violence
  164  against another person.
  165         2.If the law enforcement officer takes custody of the
  166  person at the person’s residence and the criteria in
  167  subparagraph 1. have been met, the law enforcement officer may
  168  seek the voluntary surrender of firearms or ammunition kept in
  169  the residence which have not already been seized under
  170  subparagraph 1. If such firearms or ammunition are not
  171  voluntarily surrendered, or if the person has other firearms or
  172  ammunition that were not seized or voluntarily surrendered when
  173  he or she was taken into custody, a law enforcement officer may
  174  petition the appropriate court under s. 790.401 for a risk
  175  protection order against the person.
  176         3. Firearms or ammunition seized or voluntarily surrendered
  177  under this paragraph must be made available for return no later
  178  than 24 hours after the person taken into custody can document
  179  that he or she is no longer subject to involuntary examination
  180  and has been released or discharged from any inpatient or
  181  involuntary outpatient treatment provided or ordered under
  182  paragraph (g), unless a risk protection order entered under s.
  183  790.401 directs the law enforcement agency to hold the firearms
  184  or ammunition for a longer period or the person is subject to a
  185  firearm purchase disability under s. 790.065(2), or a firearm
  186  possession and firearm ownership disability under s. 790.064.
  187  The process for the actual return of firearms or ammunition
  188  seized or voluntarily surrendered under this paragraph may not
  189  take longer than 7 days.
  190         4. Law enforcement agencies must develop policies and
  191  procedures relating to the seizure, storage, and return of
  192  firearms or ammunition held under this paragraph. A law
  193  enforcement officer acting in accordance with an ex parte order
  194  issued pursuant to this subsection may use such reasonable
  195  physical force as is necessary to gain entry to the premises,
  196  and any dwellings, buildings, or other structures located on the
  197  premises, and to take custody of the person who is the subject
  198  of the ex parte order.
  199         Section 8. Section 394.495, Florida Statutes, is amended to
  200  read:
  201         394.495 Child and adolescent mental health system of care;
  202  programs and services.—
  203         (1) The department shall establish, within available
  204  resources, an array of services to meet the individualized
  205  service and treatment needs of children and adolescents who are
  206  members of the target populations specified in s. 394.493, and
  207  of their families. It is the intent of the Legislature that a
  208  child or adolescent may not be admitted to a state mental health
  209  facility and such a facility may not be included within the
  210  array of services.
  211         (2) The array of services must include assessment services
  212  that provide a professional interpretation of the nature of the
  213  problems of the child or adolescent and his or her family;
  214  family issues that may impact the problems; additional factors
  215  that contribute to the problems; and the assets, strengths, and
  216  resources of the child or adolescent and his or her family. The
  217  assessment services to be provided shall be determined by the
  218  clinical needs of each child or adolescent. Assessment services
  219  include, but are not limited to, evaluation and screening in the
  220  following areas:
  221         (a) Physical and mental health for purposes of identifying
  222  medical and psychiatric problems.
  223         (b) Psychological functioning, as determined through a
  224  battery of psychological tests.
  225         (c) Intelligence and academic achievement.
  226         (d) Social and behavioral functioning.
  227         (e) Family functioning.
  228  
  229  The assessment for academic achievement is the financial
  230  responsibility of the school district. The department shall
  231  cooperate with other state agencies and the school district to
  232  avoid duplicating assessment services.
  233         (3) Assessments must be performed by:
  234         (a) A professional as defined in s. 394.455(5), (7), (32),
  235  (35), or (36);
  236         (b) A professional licensed under chapter 491; or
  237         (c) A person who is under the direct supervision of a
  238  qualified professional as defined in s. 394.455(5), (7), (32),
  239  (35), or (36) or a professional licensed under chapter 491.
  240         (4) The array of services may include, but is not limited
  241  to:
  242         (a) Prevention services.
  243         (b) Home-based services.
  244         (c) School-based services.
  245         (d) Family therapy.
  246         (e) Family support.
  247         (f) Respite services.
  248         (g) Outpatient treatment.
  249         (h) Day treatment.
  250         (i) Crisis stabilization.
  251         (j) Therapeutic foster care.
  252         (k) Residential treatment.
  253         (l) Inpatient hospitalization.
  254         (m) Case management.
  255         (n) Services for victims of sex offenses.
  256         (o) Transitional services.
  257         (p) Trauma-informed services for children who have suffered
  258  sexual exploitation as defined in s. 39.01(71)(g).
  259         (5) In order to enhance collaboration between agencies and
  260  to facilitate the provision of services by the child and
  261  adolescent mental health treatment and support system and the
  262  school district, the local child and adolescent mental health
  263  system of care shall include the local educational multiagency
  264  network for severely emotionally disturbed students specified in
  265  s. 1006.04.
  266         (6)The department shall contract for community action
  267  treatment teams throughout the state with the managing entities.
  268  A community action treatment team shall:
  269         (a)Provide community-based behavioral health and support
  270  services to children from 11 to 13 years of age, adolescents,
  271  and young adults from 18 to 21 years of age with serious
  272  behavioral health conditions who are at risk of out-of-home
  273  placement as demonstrated by:
  274         1.Repeated failures at less intensive levels of care;
  275         2.Two or more behavioral health hospitalizations;
  276         3.Involvement with the Department of Juvenile Justice;
  277         4.A history of multiple episodes involving law
  278  enforcement; or
  279         5.A record of poor academic performance or suspensions.
  280  
  281  Children younger than 11 years of age who otherwise meet the
  282  criteria in this paragraph may be candidates for such services
  283  if they demonstrate two or more of the characteristics listed in
  284  subparagraph 1.-5.
  285         (b)Use an integrated service delivery approach to
  286  comprehensively address the needs of the child, adolescent, or
  287  young adult and strengthen his or her family and support systems
  288  to assist the child, adolescent, or young adult to live
  289  successfully in the community. A community action treatment team
  290  shall address the therapeutic needs of the child, adolescent, or
  291  young adult receiving services and assist parents and caregivers
  292  in obtaining services and support. The community action
  293  treatment team shall make referrals to specialized treatment
  294  providers if necessary, with follow up by the community action
  295  treatment team to ensure services are received.
  296         (c)Focus on engaging the child, adolescent, or young adult
  297  and his or her family as active participants in every phase of
  298  the treatment process. Community action treatment teams shall be
  299  available to the child, adolescent, or young adult and his or
  300  her family at all times.
  301         (d)Coordinate with other key entities providing services
  302  and supports to the child, adolescent, or young adult and his or
  303  her family, including, but not limited to, the child’s,
  304  adolescent’s, or young adult’s school, the local educational
  305  multiagency network for severely emotionally disturbed students
  306  under s. 1006.04, the child welfare system, and the juvenile
  307  justice system. Community action treatment teams shall also
  308  coordinate with the managing entity in their service location.
  309         (e)1.Subject to appropriations and at a minimum,
  310  individually serve each of the following counties or regions:
  311         a.Alachua.
  312         b.Alachua, Columbia, Dixie, Hamilton, Lafayette, and
  313  Suwannee.
  314         c.Bay.
  315         d.Brevard.
  316         e.Collier.
  317         f.DeSoto and Sarasota.
  318         g.Duval.
  319         h.Escambia.
  320         i.Hardee, Highlands, and Polk.
  321         j.Hillsborough.
  322         k.Indian River, Martin, Okeechobee, and St. Lucie.
  323         l.Lake and Sumter.
  324         m.Lee.
  325         n.Manatee.
  326         o.Marion.
  327         p.Miami-Dade.
  328         q.Okaloosa.
  329         r.Orange.
  330         s.Palm Beach.
  331         t.Pasco.
  332         u.Pinellas.
  333         v.Walton.
  334         2.Subject to appropriations, the department shall contract
  335  for additional teams through the managing entities to ensure the
  336  availability of community action treatment team services in the
  337  remaining areas of the state.
  338         Section 9. Section 790.064, Florida Statutes, is created to
  339  read:
  340         790.064 Firearm possession and firearm ownership
  341  disability.
  342         (1) A person who has been adjudicated mentally defective or
  343  who has been committed to a mental institution, as those terms
  344  are defined in s. 790.065(2), may not own a firearm or possess a
  345  firearm until relief from the firearm possession and firearm
  346  ownership disability is obtained.
  347         (2) The firearm possession and firearm ownership disability
  348  runs concurrently with the firearm purchase disability provided
  349  in s. 790.065(2).
  350         (3) A person may petition the court that made the
  351  adjudication or commitment, or that ordered that the record be
  352  submitted to the Department of Law Enforcement pursuant to s.
  353  790.065(2), for relief from the firearm possession and firearm
  354  ownership disability.
  355         (4) The person seeking relief must follow the procedures
  356  set forth in s. 790.065(2) for obtaining relief from the firearm
  357  purchase disability in seeking relief from the firearm
  358  possession and firearm ownership disability.
  359         (5) The person may seek relief from the firearm possession
  360  and firearm ownership disability simultaneously with the relief
  361  being sought from the firearm purchase disability, if such
  362  relief is sought, pursuant to the procedure set forth in s.
  363  790.065(2).
  364         Section 10. Present subsection (13) of section 790.065,
  365  Florida Statutes, is redesignated as subsection (14), and a new
  366  subsection (13) is added to that section, to read:
  367         790.065 Sale and delivery of firearms.—
  368         (13) A person younger than 21 years of age may not purchase
  369  a firearm. The sale or transfer of a firearm to a person younger
  370  than 21 years of age may not be made or facilitated by a
  371  licensed importer, licensed manufacturer, or licensed dealer. A
  372  person who violates this subsection commits a felony of the
  373  third degree, punishable as provided in s. 775.082, s. 775.083,
  374  or s. 775.084. The prohibitions of this subsection do not apply
  375  to the purchase of a rifle or shotgun by a law enforcement
  376  officer or correctional officer, as those terms are defined in
  377  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  378  servicemember as defined in s. 250.01.
  379         Section 11. Section 790.0655, Florida Statutes, is amended
  380  to read:
  381         790.0655 Purchase and delivery of firearms handguns;
  382  mandatory waiting period; exceptions; penalties.—
  383         (1)(a) There shall be A mandatory 3-day waiting period is
  384  imposed between the purchase and delivery of a firearm. The
  385  mandatory waiting period is, which shall be 3 days, excluding
  386  weekends and legal holidays, or expires upon the completion of
  387  the records checks required under s. 790.065, whichever occurs
  388  later between the purchase and the delivery at retail of any
  389  handgun. “Purchase” means the transfer of money or other
  390  valuable consideration to the retailer. “Handgun” means a
  391  firearm capable of being carried and used by one hand, such as a
  392  pistol or revolver. “Retailer” means and includes a licensed
  393  importer, licensed manufacturer, or licensed dealer every person
  394  engaged in the business of making firearm sales at retail or for
  395  distribution, or use, or consumption, or storage to be used or
  396  consumed in this state, as defined in s. 212.02(13).
  397         (b) Records of firearm handgun sales must be available for
  398  inspection by any law enforcement agency, as defined in s.
  399  934.02, during normal business hours.
  400         (2) The 3-day waiting period does shall not apply in the
  401  following circumstances:
  402         (a) When a firearm handgun is being purchased by a holder
  403  of a concealed weapons permit as defined in s. 790.06.
  404         (b) To a trade-in of another firearm handgun.
  405         (c) To the purchase of a rifle or shotgun, upon a person’s
  406  successfully completing a minimum of a 16-hour hunter safety
  407  course and possessing a hunter safety certification card issued
  408  under s. 379.3581. A person who is exempt from the hunter safety
  409  course requirements under s. 379.3581 and holds a valid Florida
  410  hunting license, is exempt from the mandatory waiting period
  411  under this section for the purchase of a rifle or shotgun.
  412         (d) When a rifle or shotgun is being purchased by a law
  413  enforcement officer or correctional officer, as those terms are
  414  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  415  servicemember as defined in s. 250.01.
  416         (3) It is a felony of the third degree, punishable as
  417  provided in s. 775.082, s. 775.083, or s. 775.084:
  418         (a) For any retailer, or any employee or agent of a
  419  retailer, to deliver a firearm handgun before the expiration of
  420  the 3-day waiting period, subject to the exceptions provided in
  421  subsection (2).
  422         (b) For a purchaser to obtain delivery of a firearm handgun
  423  by fraud, false pretense, or false representation.
  424         Section 12. Effective October 1, 2018, section 790.222,
  425  Florida Statutes, is created to read:
  426         790.222Bump-fire stocks prohibited.—A person may not
  427  import into this state or transfer, distribute, sell, keep for
  428  sale, offer for sale, possess, or give to another person a bump
  429  fire stock. A person who violates this section commits a felony
  430  of the third degree, punishable as provided in s. 775.082, s.
  431  775.083, or s. 775.084. As used in this section, the term “bump
  432  fire stock” means a conversion kit, a tool, an accessory, or a
  433  device used to alter the rate of fire of a firearm to mimic
  434  automatic weapon fire or which is used to increase the rate of
  435  fire to a faster rate than is possible for a person to fire such
  436  semiautomatic firearm unassisted by a kit, a tool, an accessory,
  437  or a device.
  438         Section 13. (1)Section 790.401, Florida Statutes, is
  439  intended to temporarily prevent individuals who are at high risk
  440  of harming themselves or others from accessing firearms or
  441  ammunition by allowing law enforcement officers to obtain a
  442  court order when there is demonstrated evidence that a person
  443  poses a significant danger to himself or herself or others,
  444  including significant danger as a result of a mental health
  445  crisis or violent behavior.
  446         (2)The purpose and intent of s. 790.401, Florida Statutes,
  447  is to reduce deaths and injuries as a result of certain
  448  individuals’ use of firearms while respecting constitutional
  449  rights by providing a judicial procedure for law enforcement
  450  officers to obtain a court order temporarily restricting a
  451  person’s access to firearms and ammunition. The process
  452  established by s. 790.401, Florida Statutes, is intended to
  453  apply only to situations in which the person poses a significant
  454  danger of harming himself or herself or others by possessing a
  455  firearm or ammunition and to include standards and safeguards to
  456  protect the rights of respondents and due process of law.
  457         Section 14. Section 790.401, Florida Statutes, may be cited
  458  as “The Risk Protection Order Act.”
  459         Section 15. Section 790.401, Florida Statutes, is created
  460  to read:
  461         790.401 Risk protection orders.—
  462         (1)DEFINITIONS.—As used in this section, the term:
  463         (a)“Petitioner” means a law enforcement officer or a law
  464  enforcement agency that petitions a court for a risk protection
  465  order under this section.
  466         (b)“Respondent” means the individual who is identified as
  467  the respondent in a petition filed under this section.
  468         (c)“Risk protection order” means a temporary ex parte
  469  order or a final order granted under this section.
  470         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  471  an action known as a petition for a risk protection order.
  472         (a)A petition for a risk protection order may be filed by
  473  a law enforcement officer or law enforcement agency.
  474         (b)An action under this section must be filed in the
  475  county where the petitioner’s law enforcement office is located
  476  or the county where the respondent resides.
  477         (c) Such petition for a risk protection order does not
  478  require either party to be represented by an attorney.
  479         (d) Notwithstanding any other law, attorney fees may not be
  480  awarded in any proceeding under this section.
  481         (e)A petition must:
  482         1.Allege that the respondent poses a significant danger of
  483  causing personal injury to himself or herself or others by
  484  having a firearm or any ammunition in his or her custody or
  485  control or by purchasing, possessing, or receiving a firearm or
  486  any ammunition, and must be accompanied by an affidavit made
  487  under oath stating the specific statements, actions, or facts
  488  that give rise to a reasonable fear of significant dangerous
  489  acts by the respondent;
  490         2.Identify the quantities, types, and locations of all
  491  firearms and ammunition the petitioner believes to be in the
  492  respondent’s current ownership, possession, custody, or control;
  493  and
  494         3.Identify whether there is a known existing protection
  495  order governing the respondent under s. 741.30, s. 784.046, or
  496  s. 784.0485 or under any other applicable statute.
  497         (f)The petitioner must make a good faith effort to provide
  498  notice to a family or household member of the respondent and to
  499  any known third party who may be at risk of violence. The notice
  500  must state that the petitioner intends to petition the court for
  501  a risk protection order or has already done so and must include
  502  referrals to appropriate resources, including mental health,
  503  domestic violence, and counseling resources. The petitioner must
  504  attest in the petition to having provided such notice or must
  505  attest to the steps that will be taken to provide such notice.
  506         (g)The petitioner must list the address of record on the
  507  petition as being where the appropriate law enforcement agency
  508  is located.
  509         (h)A court or a public agency may not charge fees for
  510  filing or for service of process to a petitioner seeking relief
  511  under this section and must provide the necessary number of
  512  certified copies, forms, and instructional brochures free of
  513  charge.
  514         (i)A person is not required to post a bond to obtain
  515  relief in any proceeding under this section.
  516         (j)The circuit courts of this state have jurisdiction over
  517  proceedings under this section.
  518         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  519         (a)Upon receipt of a petition, the court must order a
  520  hearing to be held no later than 14 days after the date of the
  521  order and must issue a notice of hearing to the respondent for
  522  the same.
  523         1.The clerk of the court shall cause a copy of the notice
  524  of hearing and petition to be forwarded on or before the next
  525  business day to the appropriate law enforcement agency for
  526  service upon the respondent as provided in subsection (5).
  527         2.The court may, as provided in subsection (4), issue a
  528  temporary ex parte risk protection order pending the hearing
  529  ordered under this subsection. Such temporary ex parte order
  530  must be served concurrently with the notice of hearing and
  531  petition as provided in subsection (5).
  532         3.The court may conduct a hearing by telephone pursuant to
  533  a local court rule to reasonably accommodate a disability or
  534  exceptional circumstances. The court must receive assurances of
  535  the petitioner’s identity before conducting a telephonic
  536  hearing.
  537         (b)Upon notice and a hearing on the matter, if the court
  538  finds by clear and convincing evidence that the respondent poses
  539  a significant danger of causing personal injury to himself or
  540  herself or others by having in his or her custody or control, or
  541  by purchasing, possessing, or receiving, a firearm or any
  542  ammunition, the court must issue a risk protection order for a
  543  period that it deems appropriate, up to and including but not
  544  exceeding 12 months.
  545         (c)In determining whether grounds for a risk protection
  546  order exist, the court may consider any relevant evidence,
  547  including, but not limited to, any of the following:
  548         1.A recent act or threat of violence by the respondent
  549  against himself or herself or others, whether or not such
  550  violence or threat of violence involves a firearm.
  551         2.An act or threat of violence by the respondent within
  552  the past 12 months, including, but not limited to, acts or
  553  threats of violence by the respondent against himself or herself
  554  or others.
  555         3.Evidence of the respondent being seriously mentally ill
  556  or having recurring mental health issues.
  557         4.A violation by the respondent of a risk protection order
  558  or a no contact order issued under s. 741.30, s. 784.046, or s.
  559  784.0485.
  560         5.A previous or existing risk protection order issued
  561  against the respondent.
  562         6.A violation of a previous or existing risk protection
  563  order issued against the respondent.
  564         7.Whether the respondent, in this state or any other
  565  state, has been convicted of, had adjudication withheld on, or
  566  pled nolo contendere to a crime that constitutes domestic
  567  violence as defined in s. 741.28.
  568         8.The respondent’s ownership of, access to, or intent to
  569  possess firearms or ammunition.
  570         9.The unlawful or reckless use, display, or brandishing of
  571  a firearm by the respondent.
  572         10.The recurring use of, or threat to use, physical force
  573  by the respondent against another person or the respondent
  574  stalking another person.
  575         11.Whether the respondent, in this state or any other
  576  state, has been arrested for, convicted of, had adjudication
  577  withheld on, or pled nolo contendere to a crime involving
  578  violence or a threat of violence.
  579         12.Corroborated evidence of the abuse of controlled
  580  substances or alcohol by the respondent.
  581         13.Evidence of recent acquisition of firearms or
  582  ammunition by the respondent.
  583         14. Any relevant information from family and household
  584  members concerning the respondent.
  585         15. Witness testimony, taken while the witness is under
  586  oath, relating to the matter before the court.
  587         (d)A person, including an officer of the court, who offers
  588  evidence or recommendations relating to the cause of action
  589  either must present the evidence or recommendations in writing
  590  to the court with copies to each party and his or her attorney,
  591  if one is retained, or must present the evidence under oath at a
  592  hearing at which all parties are present.
  593         (e)In a hearing under this section, the rules of evidence
  594  apply to the same extent as in a domestic violence injunction
  595  proceeding under s. 741.30.
  596         (f)During the hearing, the court must consider whether a
  597  mental health evaluation or chemical dependency evaluation is
  598  appropriate and, if such determination is made, may order such
  599  evaluations, if appropriate.
  600         (g)A risk protection order must include all of the
  601  following:
  602         1.A statement of the grounds supporting the issuance of
  603  the order;
  604         2.The date the order was issued;
  605         3.The date the order ends;
  606         4.Whether a mental health evaluation or chemical
  607  dependency evaluation of the respondent is required;
  608         5.The address of the court in which any responsive
  609  pleading should be filed;
  610         6.A description of the requirements for the surrender of
  611  all firearms and ammunition that the respondent owns, under
  612  subsection (7); and
  613         7.The following statement:
  614  
  615  “To the subject of this protection order: This order will last
  616  until the date noted above. If you have not done so already, you
  617  must surrender immediately to the (insert name of local law
  618  enforcement agency) all firearms and ammunition that you own in
  619  your custody, control, or possession and any license to carry a
  620  concealed weapon or firearm issued to you under s. 790.06,
  621  Florida Statutes. You may not have in your custody or control,
  622  or purchase, possess, receive, or attempt to purchase or
  623  receive, a firearm or ammunition while this order is in effect.
  624  You have the right to request one hearing to vacate this order,
  625  starting after the date of the issuance of this order, and to
  626  request another hearing after every extension of the order, if
  627  any. You may seek the advice of an attorney as to any matter
  628  connected with this order.”
  629  
  630         (h)If the court issues a risk protection order, the court
  631  must inform the respondent that he or she is entitled to request
  632  a hearing to vacate the order in the manner provided by
  633  subsection (6). The court shall provide the respondent with a
  634  form to request a hearing to vacate.
  635         (i)If the court denies the petitioner’s request for a risk
  636  protection order, the court must state the particular reasons
  637  for the denial.
  638         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  639         (a) A petitioner may request that a temporary ex parte risk
  640  protection order be issued before a hearing for a risk
  641  protection order, without notice to the respondent, by including
  642  in the petition detailed allegations based on personal knowledge
  643  that the respondent poses a significant danger of causing
  644  personal injury to himself or herself or others in the near
  645  future by having in his or her custody or control, or by
  646  purchasing, possessing, or receiving, a firearm or ammunition.
  647         (b)In considering whether to issue a temporary ex parte
  648  risk protection order under this section, the court shall
  649  consider all relevant evidence, including the evidence described
  650  in paragraph (3)(c).
  651         (c)If a court finds there is reasonable cause to believe
  652  that the respondent poses a significant danger of causing
  653  personal injury to himself or herself or others in the near
  654  future by having in his or her custody or control, or by
  655  purchasing, possessing, or receiving, a firearm or ammunition,
  656  the court must issue a temporary ex parte risk protection order.
  657         (d)The court must hold a temporary ex parte risk
  658  protection order hearing in person or by telephone on the day
  659  the petition is filed or on the business day immediately
  660  following the day the petition is filed.
  661         (e)A temporary ex parte risk protection order must include
  662  all of the following:
  663         1.A statement of the grounds asserted for the order;
  664         2.The date the order was issued;
  665         3.The address of the court in which any responsive
  666  pleading may be filed;
  667         4.The date and time of the scheduled hearing;
  668         5.A description of the requirements for the surrender of
  669  all firearms and ammunition that the respondent owns, under
  670  subsection (7); and
  671         6.The following statement:
  672  
  673  “To the subject of this protection order: This order is valid
  674  until the date noted above. You are required to surrender all
  675  firearms and ammunition that you own in your custody, control,
  676  or possession. You may not have in your custody or control, or
  677  purchase, possess, receive, or attempt to purchase or receive, a
  678  firearm or ammunition while this order is in effect. You must
  679  surrender immediately to the (insert name of local law
  680  enforcement agency) all firearms and ammunition in your custody,
  681  control, or possession and any license to carry a concealed
  682  weapon or firearm issued to you under s. 790.06, Florida
  683  Statutes. A hearing will be held on the date and at the time
  684  noted above to determine if a risk protection order should be
  685  issued. Failure to appear at that hearing may result in a court
  686  issuing an order against you which is valid for 1 year. You may
  687  seek the advice of an attorney as to any matter connected with
  688  this order.”
  689  
  690         (f)A temporary ex parte risk protection order ends upon
  691  the hearing on the risk protection order.
  692         (g)A temporary ex parte risk protection order must be
  693  served by a law enforcement officer in the same manner as
  694  provided for in subsection (5) for service of the notice of
  695  hearing and petition and must be served concurrently with the
  696  notice of hearing and petition.
  697         (h)If the court denies the petitioner’s request for a
  698  temporary ex parte risk protection order, the court must state
  699  the particular reasons for the denial.
  700         (5) SERVICE.—
  701         (a) The clerk of the court shall furnish a copy of the
  702  notice of hearing, petition, and temporary ex parte risk
  703  protection order or risk protection order, as applicable, to the
  704  sheriff of the county where the respondent resides or can be
  705  found, who shall serve it upon the respondent as soon thereafter
  706  as possible on any day of the week and at any time of the day or
  707  night. When requested by the sheriff, the clerk of the court may
  708  transmit a facsimile copy of a temporary ex parte risk
  709  protection order or a risk protection order that has been
  710  certified by the clerk of the court, and this facsimile copy may
  711  be served in the same manner as a certified copy. Upon receiving
  712  a facsimile copy, the sheriff must verify receipt with the
  713  sender before attempting to serve it upon the respondent. The
  714  clerk of the court shall be responsible for furnishing to the
  715  sheriff information on the respondent’s physical description and
  716  location. Notwithstanding any other provision of law to the
  717  contrary, the chief judge of each circuit, in consultation with
  718  the appropriate sheriff, may authorize a law enforcement agency
  719  within the jurisdiction to effect service. A law enforcement
  720  agency effecting service pursuant to this section shall use
  721  service and verification procedures consistent with those of the
  722  sheriff. Service under this section takes precedence over the
  723  service of other documents, unless the other documents are of a
  724  similar emergency nature.
  725         (b) All orders issued, changed, continued, extended, or
  726  vacated after the original service of documents specified in
  727  paragraph (a) must be certified by the clerk of the court and
  728  delivered to the parties at the time of the entry of the order.
  729  The parties may acknowledge receipt of such order in writing on
  730  the face of the original order. If a party fails or refuses to
  731  acknowledge the receipt of a certified copy of an order, the
  732  clerk shall note on the original order that service was
  733  effected. If delivery at the hearing is not possible, the clerk
  734  shall mail certified copies of the order to the parties at the
  735  last known address of each party. Service by mail is complete
  736  upon mailing. When an order is served pursuant to this
  737  subsection, the clerk shall prepare a written certification to
  738  be placed in the court file specifying the time, date, and
  739  method of service and shall notify the sheriff.
  740         (6)TERMINATION AND EXTENSION OF ORDERS.—
  741         (a)The respondent may submit one written request for a
  742  hearing to vacate a risk protection order issued under this
  743  section, starting after the date of the issuance of the order,
  744  and may request another hearing after every extension of the
  745  order, if any.
  746         1.Upon receipt of the request for a hearing to vacate a
  747  risk protection order, the court shall set a date for a hearing.
  748  Notice of the request must be served on the petitioner in
  749  accordance with subsection (5). The hearing must occur no sooner
  750  than 14 days and no later than 30 days after the date of service
  751  of the request upon the petitioner.
  752         2.The respondent shall have the burden of proving by clear
  753  and convincing evidence that the respondent does not pose a
  754  significant danger of causing personal injury to himself or
  755  herself or others by having in his or her custody or control,
  756  purchasing, possessing, or receiving a firearm or ammunition.
  757  The court may consider any relevant evidence, including evidence
  758  of the considerations listed in paragraph (3)(c).
  759         3.If the court finds after the hearing that the respondent
  760  has met his or her burden of proof, the court must vacate the
  761  order.
  762         4. The law enforcement agency holding any firearm or
  763  ammunition or license to carry a concealed weapon or firearm
  764  that has been surrendered pursuant to this section shall be
  765  notified of the court order to vacate the risk protection order.
  766         (b)The court must notify the petitioner of the impending
  767  end of a risk protection order. Notice must be received by the
  768  petitioner at least 30 days before the date the order ends.
  769         (c)The petitioner may, by motion, request an extension of
  770  a risk protection order at any time within 30 days before the
  771  end of the order.
  772         1.Upon receipt of the motion to extend, the court shall
  773  order that a hearing be held no later than 14 days after the
  774  date the order is issued and shall schedule such hearing.
  775         a. The court may schedule a hearing by telephone in the
  776  manner provided by subparagraph (3)(a)3.
  777         b. The respondent must be personally serviced in the same
  778  manner provided by subsection (5).
  779         2.In determining whether to extend a risk protection order
  780  issued under this section, the court may consider all relevant
  781  evidence, including evidence of the considerations listed in
  782  paragraph (3)(c).
  783         3.If the court finds by clear and convincing evidence that
  784  the requirements for issuance of a risk protection order as
  785  provided in subsection (3) continue to be met, the court must
  786  extend the order. However, if, after notice, the motion for
  787  extension is uncontested and no modification of the order is
  788  sought, the order may be extended on the basis of a motion or
  789  affidavit stating that there has been no material change in
  790  relevant circumstances since entry of the order and stating the
  791  reason for the requested extension.
  792         4.The court may extend a risk protection order for a
  793  period that it deems appropriate, up to and including but not
  794  exceeding 12 months, subject to an order to vacate as provided
  795  in paragraph (a) or to another extension order by the court.
  796         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  797         (a)Upon issuance of a risk protection order under this
  798  section, including a temporary ex parte risk protection order,
  799  the court shall order the respondent to surrender to the local
  800  law enforcement agency all firearms and ammunition owned by the
  801  respondent in the respondent’s custody, control, or possession
  802  except as provided in subsection (9), and any license to carry a
  803  concealed weapon or firearm issued under s. 790.06, held by the
  804  respondent.
  805         (b)The law enforcement officer serving a risk protection
  806  order under this section, including a temporary ex parte risk
  807  protection order, shall request that the respondent immediately
  808  surrender all firearms and ammunition owned by the respondent in
  809  his or her custody, control, or possession and any license to
  810  carry a concealed weapon or firearm issued under s. 790.06, held
  811  by the respondent. The law enforcement officer shall take
  812  possession of all firearms and ammunition owned by the
  813  respondent and any license to carry a concealed weapon or
  814  firearm issued under s. 790.06, held by the respondent, which
  815  are surrendered. Alternatively, if personal service by a law
  816  enforcement officer is not possible or is not required because
  817  the respondent was present at the risk protection order hearing,
  818  the respondent must surrender any firearms and ammunition owned
  819  by the respondent and any license to carry a concealed weapon or
  820  firearm issued under s. 790.06, held by the respondent, in a
  821  safe manner to the control of the local law enforcement agency
  822  immediately after being served with the order by service or
  823  immediately after the hearing at which the respondent was
  824  present. Notwithstanding ss. 933.02 and 933.18, a law
  825  enforcement officer may seek a search warrant from a court of
  826  competent jurisdiction to conduct a search for firearms or
  827  ammunition owned by the respondent if the officer has probable
  828  cause to believe that there are firearms or ammunition owned by
  829  the respondent in the respondent’s custody, control, or
  830  possession which have not been surrendered.
  831         (c)At the time of surrender, a law enforcement officer
  832  taking possession of any firearm or ammunition owned by the
  833  respondent, or a license to carry a concealed weapon or firearm
  834  issued under s. 790.06, held by the respondent shall issue a
  835  receipt identifying all firearms and the quantity and type of
  836  ammunition that have been surrendered, and any license
  837  surrendered and shall provide a copy of the receipt to the
  838  respondent. Within 72 hours after service of the order, the law
  839  enforcement officer serving the order shall file the original
  840  receipt with the court and shall ensure that his or her law
  841  enforcement agency retains a copy of the receipt.
  842         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  843  statement or testimony of any person alleging that the
  844  respondent has failed to comply with the surrender of firearms
  845  or ammunition owned by the respondent, as required by an order
  846  issued under this section, the court shall determine whether
  847  probable cause exists to believe that the respondent has failed
  848  to surrender all firearms or ammunition owned by the respondent
  849  in the respondent’s custody, control, or possession. If the
  850  court finds that probable cause exists, the court must issue a
  851  warrant describing the firearms or ammunition owned by the
  852  respondent and authorizing a search of the locations where the
  853  firearms or ammunition owned by the respondent are reasonably
  854  believed to be found and the seizure of any firearms or
  855  ammunition owned by the respondent discovered pursuant to such
  856  search.
  857         (e)If a person other than the respondent claims title to
  858  any firearms or ammunition surrendered pursuant to this section
  859  and he or she is determined by the law enforcement agency to be
  860  the lawful owner of the firearm or ammunition, the firearm or
  861  ammunition shall be returned to him or her, if:
  862         1.The lawful owner agrees to store the firearm or
  863  ammunition in a manner such that the respondent does not have
  864  access to or control of the firearm or ammunition.
  865         2.The firearm or ammunition is not otherwise unlawfully
  866  possessed by the owner.
  867         (f)Upon the issuance of a risk protection order, the court
  868  shall order a new hearing date and require the respondent to
  869  appear no later than 3 business days after the issuance of the
  870  order. The court shall require proof that the respondent has
  871  surrendered any firearms or ammunition owned by the respondent
  872  in the respondent’s custody, control, or possession. The court
  873  may cancel the hearing upon a satisfactory showing that the
  874  respondent is in compliance with the order.
  875         (g)All law enforcement agencies must develop policies and
  876  procedures regarding the acceptance, storage, and return of
  877  firearms, ammunition, or licenses required to be surrendered
  878  under this section.
  879         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  880         (a)If a risk protection order is vacated or ends without
  881  extension, a law enforcement agency holding a firearm or any
  882  ammunition owned by the respondent or a license to carry a
  883  concealed weapon or firearm issued under s. 790.06, held by the
  884  respondent, that has been surrendered or seized pursuant to this
  885  section must return such surrendered firearm, ammunition, or
  886  license to carry a concealed weapon or firearm issued under s.
  887  790.06, as requested by a respondent only after confirming
  888  through a background check that the respondent is currently
  889  eligible to own or possess firearms and ammunition under federal
  890  and state law and after confirming with the court that the risk
  891  protection order has been vacated or has ended without
  892  extension.
  893         (b) If a risk protection order is vacated or ends without
  894  extension, the Department of Agriculture and Consumer Services,
  895  if it has suspended a license to carry a concealed weapon or
  896  firearm pursuant to this section, must reinstate such license
  897  only after confirming that the respondent is currently eligible
  898  to have a license to carry a concealed weapon or firearm
  899  pursuant to s. 790.06.
  900         (c)A law enforcement agency must provide notice to any
  901  family or household members of the respondent before the return
  902  of any surrendered firearm and ammunition owned by the
  903  respondent.
  904         (d)Any firearm and ammunition surrendered by a respondent
  905  pursuant to subsection (7) which remains unclaimed for 1 year by
  906  the lawful owner after an order to vacate the risk protection
  907  order shall be disposed of in accordance with the law
  908  enforcement agency’s policies and procedures for the disposal of
  909  firearms in police custody.
  910         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  911  elect to transfer all firearms and ammunition owned by the
  912  respondent that have been surrendered to or seized by a local
  913  law enforcement agency pursuant to subsection (7) to another
  914  person who is willing to receive the respondent’s firearms and
  915  ammunition. The law enforcement agency must allow such a
  916  transfer only if it is determined that the chosen recipient:
  917         (a) Currently is eligible to own or possess a firearm and
  918  ammunition under federal and state law after confirmation
  919  through a background check;
  920         (b) Attests to storing the firearms and ammunition in a
  921  manner such that the respondent does not have access to or
  922  control of the firearms and ammunition until the risk protection
  923  order against the respondent is vacated or ends without
  924  extension; and
  925         (c) Attests not to transfer the firearms or ammunition back
  926  to the respondent until the risk protection order against the
  927  respondent is vacated or ends without extension.
  928         (10) REPORTING OF ORDERS.—
  929         (a) Within 24 hours after issuance, the clerk of the court
  930  shall enter any risk protection order or temporary ex parte risk
  931  protection order issued under this section into the uniform case
  932  reporting system.
  933         (b)Within 24 hours after issuance, the clerk of the court
  934  shall forward a copy of an order issued under this section to
  935  the appropriate law enforcement agency specified in the order.
  936  Upon receipt of the copy of the order, the law enforcement
  937  agency shall enter the order into the Florida Crime Information
  938  Center and National Crime Information Center. The order must
  939  remain in each system for the period stated in the order, and
  940  the law enforcement agency may only remove an order from the
  941  systems which has ended or been vacated. Entry of the order into
  942  the Florida Crime Information Center and National Crime
  943  Information Center constitutes notice to all law enforcement
  944  agencies of the existence of the order. The order is fully
  945  enforceable in any county in this state.
  946         (c)The issuing court shall, within 3 business days after
  947  issuance of a risk protection order or temporary ex parte risk
  948  protection order, forward all available identifying information
  949  concerning the respondent, along with the date of order
  950  issuance, to the Department of Agriculture and Consumer
  951  Services. Upon receipt of the information, the department shall
  952  determine if the respondent has a license to carry a concealed
  953  weapon or firearm. If the respondent does have a license to
  954  carry a concealed weapon or firearm, the department must
  955  immediately suspend the license.
  956         (d)If a risk protection order is vacated before its end
  957  date, the clerk of the court shall, on the day of the order to
  958  vacate, forward a copy of the order to the Department of
  959  Agriculture and Consumer Services and the appropriate law
  960  enforcement agency specified in the order to vacate. Upon
  961  receipt of the order, the law enforcement agency shall promptly
  962  remove the order from any computer-based system in which it was
  963  entered pursuant to paragraph (b).
  964         (11)PENALTIES.—
  965         (a)A person who makes a false statement, which he or she
  966  does not believe to be true, under oath in a hearing under this
  967  this section in regard to any material matter commits a felony
  968  of the third degree, punishable as provided in s. 775.082, s.
  969  775.083, or s. 775.084.
  970         (b) A person who has in his or her custody or control a
  971  firearm or any ammunition or who purchases, possesses, or
  972  receives a firearm or any ammunition with knowledge that he or
  973  she is prohibited from doing so by an order issued under this
  974  section commits a felony of the third degree, punishable as
  975  provided in s. 775.082, s. 775.083, or s. 775.084.
  976         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  977  does not affect the ability of a law enforcement officer to
  978  remove a firearm or ammunition or license to carry a concealed
  979  weapon or concealed firearm from any person or to conduct any
  980  search and seizure for firearms or ammunition pursuant to other
  981  lawful authority.
  982         (13)LIABILITY.—Except as provided in subsection (8) or
  983  subsection (11), this section does not impose criminal or civil
  984  liability on any person or entity for acts or omissions related
  985  to obtaining a risk protection order or temporary ex parte risk
  986  protection order, including, but not limited to, providing
  987  notice to the petitioner, a family or household member of the
  988  respondent, and any known third party who may be at risk of
  989  violence or failure to provide such notice, or reporting,
  990  declining to report, investigating, declining to investigate,
  991  filing, or declining to file, a petition under this section.
  992         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  993         (a)The Office of the State Courts Administrator shall
  994  develop and prepare instructions and informational brochures,
  995  standard petitions and risk protection order forms, and a court
  996  staff handbook on the risk protection order process. The
  997  standard petition and order forms must be used after January 1,
  998  2019, for all petitions filed and orders issued pursuant to this
  999  section. The office shall determine the significant non-English
 1000  speaking or limited English-speaking populations in the state
 1001  and prepare the instructions and informational brochures and
 1002  standard petitions and risk protection order forms in such
 1003  languages. The instructions, brochures, forms, and handbook must
 1004  be prepared in consultation with interested persons, including
 1005  representatives of gun violence prevention groups, judges, and
 1006  law enforcement personnel. Materials must be based on best
 1007  practices and must be available online to the public.
 1008         1.The instructions must be designed to assist petitioners
 1009  in completing the petition and must include a sample of a
 1010  standard petition and order for protection forms.
 1011         2.The instructions and standard petition must include a
 1012  means for the petitioner to identify, with only layman’s
 1013  knowledge, the firearms or ammunition the respondent may own,
 1014  possess, receive, or have in his or her custody or control. The
 1015  instructions must provide pictures of types of firearms and
 1016  ammunition that the petitioner may choose from to identify the
 1017  relevant firearms or ammunition, or must provide an equivalent
 1018  means to allow petitioners to identify firearms or ammunition
 1019  without requiring specific or technical knowledge regarding the
 1020  firearms or ammunition.
 1021         3.The informational brochure must describe the use of and
 1022  the process for obtaining, extending, and vacating a risk
 1023  protection order under this section and must provide relevant
 1024  forms.
 1025         4.The risk protection order form must include, in a
 1026  conspicuous location, notice of criminal penalties resulting
 1027  from violation of the order and the following statement: “You
 1028  have the sole responsibility to avoid or refrain from violating
 1029  this order’s provisions. Only the court can change the order and
 1030  only upon written request.”
 1031         5.The court staff handbook must allow for the addition of
 1032  a community resource list by the clerk of the court.
 1033         (b)Any clerk of court may create a community resource list
 1034  of crisis intervention, mental health, substance abuse,
 1035  interpreter, counseling, and other relevant resources serving
 1036  the county in which the court is located. The court may make the
 1037  community resource list available as part of or in addition to
 1038  the informational brochures described in paragraph (a).
 1039         (c)The Office of the State Courts Administrator shall
 1040  distribute a master copy of the petition and order forms,
 1041  instructions, and informational brochures to the clerks of
 1042  court. Distribution of all documents shall, at a minimum, be in
 1043  an electronic format or formats accessible to all courts and
 1044  clerks of court in the state.
 1045         (d)Within 90 days after receipt of the master copy from
 1046  the Office of the State Courts Administrator, the clerk of the
 1047  court shall make available the standardized forms, instructions,
 1048  and informational brochures required by this subsection.
 1049         (e)The Office of the State Courts Administrator shall
 1050  update the instructions, brochures, standard petition and risk
 1051  protection order forms, and court staff handbook as necessary,
 1052  including when changes in the law make an update necessary.
 1053         Section 16. Section 836.10, Florida Statutes, is amended to
 1054  read:
 1055         836.10 Written threats to kill, or do bodily injury, or
 1056  conduct a mass shooting or an act of terrorism; punishment.—Any
 1057  person who writes or composes and also sends or procures the
 1058  sending of any letter, inscribed communication, or electronic
 1059  communication, whether such letter or communication be signed or
 1060  anonymous, to any person, containing a threat to kill or to do
 1061  bodily injury to the person to whom such letter or communication
 1062  is sent, or a threat to kill or do bodily injury to any member
 1063  of the family of the person to whom such letter or communication
 1064  is sent, or any person who makes, posts, or transmits a threat
 1065  in a writing or other record, including an electronic record, to
 1066  conduct a mass shooting or an act of terrorism, in any manner
 1067  that would allow another person to view the threat, commits a
 1068  felony of the second degree, punishable as provided in s.
 1069  775.082, s. 775.083, or s. 775.084.
 1070         Section 17. Paragraph (f) of subsection (3) of section
 1071  921.0022, Florida Statutes, is amended to read:
 1072         921.0022 Criminal Punishment Code; offense severity ranking
 1073  chart.—
 1074         (3) OFFENSE SEVERITY RANKING CHART
 1075         (f) LEVEL 6
 1076  
 1077  FloridaStatute              FelonyDegree        Description        
 1078  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1079  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1080  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1081  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1082  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1083  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1084  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1085  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1086  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1087  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1088  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1089  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1090  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1091  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1092  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1093  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1094  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1095  784.083(2)                       2nd     Aggravated assault on code inspector.
 1096  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1097  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1098  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1099  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 1100  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1101  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1102  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1103  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.
 1104  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1105  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1106  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1107  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1108  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1109  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1110  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1111  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1112  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1113  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1114  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1115  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1116  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1117  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1118  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1119  827.03(2)(c)                     3rd     Abuse of a child.         
 1120  827.03(2)(d)                     3rd     Neglect of a child.       
 1121  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1122  836.05                           2nd     Threats; extortion.       
 1123  836.10                           2nd     Written threats to kill, or do bodily injury, or conduct a mass shooting or an act of terrorism.
 1124  843.12                           3rd     Aids or assists person to escape.
 1125  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1126  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1127  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1128  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1129  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.
 1130  944.40                           2nd     Escapes.                  
 1131  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1132  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1133  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1134  
 1135  
 1136         Section 18. Section 943.082, Florida Statutes, is created
 1137  to read:
 1138         943.082School Safety Awareness Program.—
 1139         (1)In collaboration with the Department of Legal Affairs,
 1140  the department shall competitively procure a mobile suspicious
 1141  activity reporting tool that allows students and the community
 1142  to relay information anonymously concerning unsafe, potentially
 1143  harmful, dangerous, violent, or criminal activities, or the
 1144  threat of these activities, to appropriate public safety
 1145  agencies and school officials. As recommended by students of
 1146  Marjory Stoneman Douglas High School, the program shall be named
 1147  “FortifyFL.” At a minimum, the department must receive reports
 1148  electronically through the mobile suspicious activity reporting
 1149  tool that is available on both Android and Apple devices.
 1150         (2)The reporting tool must notify the reporting party of
 1151  the following information:
 1152         (a)That the reporting party may provide his or her report
 1153  anonymously.
 1154         (b)That if the reporting party chooses to disclose his or
 1155  her identity, that information shall be shared with the
 1156  appropriate law enforcement agency and school officials;
 1157  however, the law enforcement agency and school officials shall
 1158  be required to maintain the information as confidential.
 1159         (3)Information reported using the tool must be promptly
 1160  forwarded to the appropriate law enforcement agency or school
 1161  official.
 1162         (4)Law enforcement dispatch centers, school districts,
 1163  schools, and other entities identified by the department shall
 1164  be made aware of the mobile suspicious activity reporting tool.
 1165         (5)The department, in collaboration with the Division of
 1166  Victims Services within the Office of the Attorney General and
 1167  the Office of Safe Schools within the Department of Education,
 1168  shall develop and provide a comprehensive training and awareness
 1169  program on the use of the mobile suspicious activity reporting
 1170  tool.
 1171         Section 19. Section 943.687, Florida Statutes, is created
 1172  to read:
 1173         943.687Marjory Stoneman Douglas High School Public Safety
 1174  Commission.—
 1175         (1) There is created within the Department of Law
 1176  Enforcement the Marjory Stoneman Douglas High School Public
 1177  Safety Commission, a commission as defined in s. 20.03.
 1178         (2)(a)The commission shall convene no later than June 1,
 1179  2018, and shall be composed of 16 members. Five members shall be
 1180  appointed by the President of the Senate, five members shall be
 1181  appointed by the Speaker of the House of Representatives, and
 1182  five members shall be appointed by the Governor. From the
 1183  members of the commission, the Governor shall appoint the chair.
 1184  Appointments must be made by April 30, 2018. The Commissioner of
 1185  the Department of Law Enforcement shall serve as a member of the
 1186  commission. The Secretary of Children and Families, the
 1187  Secretary of Juvenile Justice, the Secretary of Health Care
 1188  Administration, and the Commissioner of Education shall serve as
 1189  ex officio, nonvoting members of the commission. Members shall
 1190  serve at the pleasure of the officer who appointed the member. A
 1191  vacancy on the commission shall be filled in the same manner as
 1192  the original appointment.
 1193         (b) The General Counsel of the Department of Law
 1194  Enforcement shall serve as the general counsel for the
 1195  commission.
 1196         (c) The Department of Law Enforcement staff, as assigned by
 1197  the chair, shall assist the commission in performing its duties.
 1198         (d) The commission shall meet as necessary to conduct its
 1199  work at the call of the chair and at the time designated by him
 1200  or her at locations throughout the state. The commission may
 1201  conduct its meetings through teleconferences or other similar
 1202  means.
 1203         (e) Members of the commission are entitled to receive
 1204  reimbursement for per diem and travel expenses pursuant to s.
 1205  112.061.
 1206         (3) The commission shall investigate system failures in the
 1207  Marjory Stoneman Douglas High School shooting and prior mass
 1208  violence incidents in this state and develop recommendations for
 1209  system improvements. At a minimum, the commission shall analyze
 1210  information and evidence from the Marjory Stoneman Douglas High
 1211  School shooting and other mass violence incidents in this state.
 1212  At a minimum the commission shall:
 1213         (a) Develop a timeline of the incident, incident response,
 1214  and all relevant events preceding the incident, with particular
 1215  attention to all perpetrator contacts with local, state and
 1216  national government agencies and entities and any contract
 1217  providers of such agencies and entities.
 1218         (b) Investigate any failures in incident responses by local
 1219  law enforcement agencies and school resource officers.
 1220         1. Identify existing policies and procedures for active
 1221  assailant incidents on school premises and evaluate the
 1222  compliance with such policies and procedures in the execution of
 1223  incident responses.
 1224         2. Evaluate existing policies and procedures for active
 1225  assailant incidents on school premises in comparison with
 1226  national best practices.
 1227         3. Evaluate the extent to which any failures in policy,
 1228  procedure, or execution contributed to an inability to prevent
 1229  deaths and injuries.
 1230         4. Make specific recommendations for improving law
 1231  enforcement and school resource officer incident response in the
 1232  future.
 1233         5. Make specific recommendations for determining the
 1234  appropriate ratio of school resource officers per school by
 1235  school type. At a minimum, the methodology for determining the
 1236  ratio should include the school location, student population,
 1237  and school design.
 1238         (c) Investigate any failures in interactions with
 1239  perpetrators preceding mass violence incidents.
 1240         1. Identify the history of interactions between
 1241  perpetrators and governmental entities such as schools, law
 1242  enforcement agencies, courts and social service agencies, and
 1243  identify any failures to adequately communicate or coordinate
 1244  regarding indicators of risk or possible threats.
 1245         2. Evaluate the extent to which any such failures
 1246  contributed to an inability to prevent deaths and injuries.
 1247         3. Make specific recommendations for improving
 1248  communication and coordination among entities with knowledge of
 1249  indicators of risk or possible threats of mass violence in the
 1250  future.
 1251         4. Identify available state and local tools and resources
 1252  for enhancing communication and coordination regarding
 1253  indicators of risk or possible threats, including, but not
 1254  limited to, the Department of Law Enforcement Fusion Center or
 1255  Judicial Inquiry System, and make specific recommendations for
 1256  using such tools and resources more effectively in the future.
 1257         (4)The commission has the power to investigate. The
 1258  commission may delegate to its investigators the authority to
 1259  administer oaths and affirmations.
 1260         (5) The Commissioner of the Department of Law Enforcement
 1261  shall use his or her subpoena power to compel the attendance of
 1262  witnesses to testify before the commission. The Commissioner of
 1263  the Department of Law Enforcement shall use his or her subpoena
 1264  power to compel the production of any books, papers, records,
 1265  documentary evidence, and other items, including confidential
 1266  information, relevant to the performance of the duties of the
 1267  commission or to the exercise of its powers. The chair or any
 1268  other member of the commission may administer all oaths and
 1269  affirmations in the manner prescribed by law to witnesses who
 1270  appear before the commission for the purpose of testifying in
 1271  any matter of which the commission desires evidence. In the case
 1272  of a refusal to obey a subpoena, the commission may make
 1273  application to any circuit court of this state having
 1274  jurisdiction to order the witness to appear before the
 1275  commission and to produce evidence, if so ordered, or to give
 1276  testimony relevant to the matter in question. Failure to obey
 1277  the order may be punished by the court as contempt.
 1278         (6)The commission may call upon appropriate agencies of
 1279  state government for such professional assistance as may be
 1280  needed in the discharge of its duties, and such agencies shall
 1281  provide such assistance in a timely manner.
 1282         (7)Notwithstanding any other law, the commission may
 1283  request and shall be provided with access to any information or
 1284  records, including exempt or confidential and exempt information
 1285  or records, which pertain to the Marjory Stoneman Douglas High
 1286  School shooting and prior mass violence incidents in Florida
 1287  being reviewed by the commission and which are necessary for the
 1288  commission to carry out its duties. Information or records
 1289  obtained by the commission which are otherwise exempt or
 1290  confidential and exempt shall retain such exempt or confidential
 1291  and exempt status and the commission may not disclose any such
 1292  information or records.
 1293         (8)The commission shall submit an initial report on its
 1294  findings and recommendations to the Governor, President of the
 1295  Senate, and Speaker of the House of Representatives by January
 1296  1, 2019, and may issue reports annually thereafter. The
 1297  commission shall sunset July 1, 2023, and this section is
 1298  repealed on that date.
 1299         Section 20. Section 1001.212, Florida Statutes, is created
 1300  to read:
 1301         1001.212Office of Safe Schools.—There is created in the
 1302  Department of Education the Office of Safe Schools. The office
 1303  is fully accountable to the Commissioner of Education. The
 1304  office shall serve as a central repository for best practices,
 1305  training standards, and compliance oversight in all matters
 1306  regarding school safety and security, including prevention
 1307  efforts, intervention efforts, and emergency preparedness
 1308  planning. The office shall:
 1309         (1)Establish and update as necessary a school security
 1310  risk assessment tool for use by school districts pursuant to s.
 1311  1006.07(6). The office shall make the security risk assessment
 1312  tool available for use by charter schools.
 1313         (2)Provide ongoing professional development opportunities
 1314  to school district personnel.
 1315         (3)Provide a coordinated and interdisciplinary approach to
 1316  providing technical assistance and guidance to school districts
 1317  on safety and security and recommendations to address findings
 1318  identified pursuant to s. 1006.07(6).
 1319         (4)Develop and implement a School Safety Specialist
 1320  Training Program for school safety specialists appointed
 1321  pursuant to s. 1006.07(6). The office shall develop the training
 1322  program which shall be based on national and state best
 1323  practices on school safety and security and must include active
 1324  shooter training. The office shall develop training modules in
 1325  traditional or online formats. A school safety specialist
 1326  certificate of completion shall be awarded to a school safety
 1327  specialist who satisfactorily completes the training required by
 1328  rules of the office.
 1329         (5)Review and provide recommendations on the security risk
 1330  assessments. The department may contract with security
 1331  personnel, consulting engineers, architects, or other safety and
 1332  security experts the department deems necessary for safety and
 1333  security consultant services.
 1334         (6)Coordinate with the Department of Law Enforcement to
 1335  provide a centralized integrated data repository and data
 1336  analytics resources to improve access to timely, complete and
 1337  accurate information integrating data from, at a minimum, but
 1338  not limited to, the following data sources by December 1, 2018:
 1339         (a)Social Media;
 1340         (b)Department of Children and Families;
 1341         (c)Department of Law Enforcement;
 1342         (d)Department of Juvenile Justice; and
 1343         (e)Local law enforcement.
 1344         (7)Data that is exempt or confidential and exempt from
 1345  public records requirements retains its exempt or confidential
 1346  and exempt status when incorporated into the centralized
 1347  integrated data repository.
 1348         (8)To maintain the confidentially requirements attached to
 1349  the information provided to the centralized integrated data
 1350  repository by the various state and local agencies, data
 1351  governance and security shall ensure compliance with all
 1352  applicable state and federal data privacy requirements through
 1353  the use of user authorization and role based security, data
 1354  anonymization and aggregation and auditing capabilities.
 1355         (9)To maintain the confidentially requirements attached to
 1356  the information provided to the centralized integrated data
 1357  repository by the various state and local agencies, each source
 1358  agency providing data for the repository shall be the sole
 1359  custodian of the data for the purpose of any request for
 1360  inspection or copies thereof under ch. 119. The department shall
 1361  only allow access to data from the source agencies in accordance
 1362  with rules adopted by the respective source agencies.
 1363         (10)Award grants to schools to improve the safety and
 1364  security of school buildings based upon recommendations of the
 1365  security risk assessment developed pursuant to subsection (1).
 1366         (11)Disseminate, in consultation with the Department of
 1367  Law Enforcement, to participating schools awareness and
 1368  education materials on the School Safety Awareness Program
 1369  developed pursuant to s. 943.082.
 1370         Section 21. Paragraph (a) of subsection (10) of section
 1371  1002.32, Florida Statutes, is amended to read:
 1372         1002.32 Developmental research (laboratory) schools.—
 1373         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1374  and facilitate the mission of the lab schools, in addition to
 1375  the exceptions to law specified in s. 1001.23(2), the following
 1376  exceptions shall be permitted for lab schools:
 1377         (a) The methods and requirements of the following statutes
 1378  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1379  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1380  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1381  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1382  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1383  1001.49; 1001.50; 1001.51; 1006.12(2) 1006.12(1); 1006.21(3),
 1384  (4); 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
 1385  1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
 1386  1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
 1387  (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
 1388  1011.72; 1011.73; and 1011.74.
 1389         Section 22. Subsection (1) of section 1006.04, Florida
 1390  Statutes, is amended to read:
 1391         1006.04 Educational multiagency services for students with
 1392  severe emotional disturbance.—
 1393         (1)(a) The multiagency network for students with emotional
 1394  and behavioral disabilities works with education, mental health,
 1395  child welfare, and juvenile justice professionals, along with
 1396  other agencies and families, to provide children with mental
 1397  illness or emotional and behavioral problems and their families
 1398  with access to the services and supports they need to succeed An
 1399  intensive, integrated educational program; a continuum of mental
 1400  health treatment services; and, when needed, residential
 1401  services are necessary to enable students with severe emotional
 1402  disturbance to develop appropriate behaviors and demonstrate
 1403  academic and career education skills. The small incidence of
 1404  severe emotional disturbance in the total school population
 1405  requires multiagency programs to provide access to appropriate
 1406  services for all students with severe emotional disturbance.
 1407  District school boards should provide educational programs, and
 1408  state departments and agencies administering children’s mental
 1409  health funds should provide mental health treatment and
 1410  residential services when needed, as part of the forming a
 1411  multiagency network to provide support for students with severe
 1412  emotional disturbance.
 1413         (b) The purpose of the multiagency network is to: The
 1414  program goals for each component of the multiagency network are
 1415  to
 1416         1. Enable students with severe emotional disturbance to
 1417  learn appropriate behaviors, reduce dependency, and fully
 1418  participate in all aspects of school and community living.; to
 1419         2. Develop individual programs for students with severe
 1420  emotional disturbance, including necessary educational,
 1421  residential, and mental health treatment services.; to
 1422         3. Provide programs and services as close as possible to
 1423  the student’s home in the least restrictive manner consistent
 1424  with the student’s needs.; and to
 1425         4. Integrate a wide range of services necessary to support
 1426  students with severe emotional disturbance and their families.
 1427         (c)The multiagency network shall:
 1428         1.Support and represent the needs of students in each
 1429  school district in joint planning with fiscal agents of
 1430  children’s mental health funds, including the expansion of
 1431  school-based mental health services, transition services, and
 1432  integrated education and treatment programs.
 1433         2.Improve coordination of services for children with or at
 1434  risk of emotional or behavioral disabilities and their families
 1435  by assisting multi-agency collaborative initiatives to identify
 1436  critical issues and barriers of mutual concern and develop local
 1437  response systems that increase home and school connections and
 1438  family engagement.
 1439         3.Increase parent and youth involvement and development
 1440  with local systems of care.
 1441         4.Facilitate student and family access to effective
 1442  services and programs for students with and at risk of emotional
 1443  or behavioral disabilities that include necessary educational,
 1444  residential, and mental health treatment services, enabling
 1445  these students to learn appropriate behaviors, reduce
 1446  dependency, and fully participate in all aspects of school and
 1447  community living.
 1448         Section 23. Paragraph (b) of subsection (1), paragraphs (k)
 1449  through (m) of subsection (2), and subsections (3), (4), and (6)
 1450  of section 1006.07, Florida Statutes, are amended, and
 1451  subsections (7) and (8) are added to that section to read:
 1452         1006.07 District school board duties relating to student
 1453  discipline and school safety.—The district school board shall
 1454  provide for the proper accounting for all students, for the
 1455  attendance and control of students at school, and for proper
 1456  attention to health, safety, and other matters relating to the
 1457  welfare of students, including:
 1458         (1) CONTROL OF STUDENTS.—
 1459         (b) Require each student at the time of initial
 1460  registration for school in the school district to note previous
 1461  school expulsions, arrests resulting in a charge, and juvenile
 1462  justice actions, and referrals to mental health services the
 1463  student has had, and have the authority as the district school
 1464  board of a receiving school district to honor the final order of
 1465  expulsion or dismissal of a student by any in-state or out-of
 1466  state public district school board or private school, or lab
 1467  school, for an act which would have been grounds for expulsion
 1468  according to the receiving district school board’s code of
 1469  student conduct, in accordance with the following procedures:
 1470         1. A final order of expulsion shall be recorded in the
 1471  records of the receiving school district.
 1472         2. The expelled student applying for admission to the
 1473  receiving school district shall be advised of the final order of
 1474  expulsion.
 1475         3. The district school superintendent of the receiving
 1476  school district may recommend to the district school board that
 1477  the final order of expulsion be waived and the student be
 1478  admitted to the school district, or that the final order of
 1479  expulsion be honored and the student not be admitted to the
 1480  school district. If the student is admitted by the district
 1481  school board, with or without the recommendation of the district
 1482  school superintendent, the student may be placed in an
 1483  appropriate educational program and referred to mental health
 1484  services identified by the school district pursuant to s.
 1485  1012.584(4), when appropriate, at the direction of the district
 1486  school board.
 1487         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1488  conduct for elementary schools and a code of student conduct for
 1489  middle and high schools and distribute the appropriate code to
 1490  all teachers, school personnel, students, and parents, at the
 1491  beginning of every school year. Each code shall be organized and
 1492  written in language that is understandable to students and
 1493  parents and shall be discussed at the beginning of every school
 1494  year in student classes, school advisory council meetings, and
 1495  parent and teacher association or organization meetings. Each
 1496  code shall be based on the rules governing student conduct and
 1497  discipline adopted by the district school board and shall be
 1498  made available in the student handbook or similar publication.
 1499  Each code shall include, but is not limited to:
 1500         (k) Policies to be followed for the assignment of violent
 1501  or disruptive students to an alternative educational program or
 1502  referral of such students to mental health services identified
 1503  by the school district pursuant to s. 1012.584(4).
 1504         (l) Notice that any student who is determined to have
 1505  brought a firearm or weapon, as defined in chapter 790, to
 1506  school, to any school function, or onto any school-sponsored
 1507  transportation, or to have possessed a firearm at school, will
 1508  be expelled, with or without continuing educational services,
 1509  from the student’s regular school for a period of not less than
 1510  1 full year and referred to mental health services identified by
 1511  the school district pursuant to s. 1012.584(4) and the criminal
 1512  justice or juvenile justice system. District school boards may
 1513  assign the student to a disciplinary program or second chance
 1514  school for the purpose of continuing educational services during
 1515  the period of expulsion. District school superintendents may
 1516  consider the 1-year expulsion requirement on a case-by-case
 1517  basis and request the district school board to modify the
 1518  requirement by assigning the student to a disciplinary program
 1519  or second chance school if the request for modification is in
 1520  writing and it is determined to be in the best interest of the
 1521  student and the school system.
 1522         (m) Notice that any student who is determined to have made
 1523  a threat or false report, as defined by ss. 790.162 and 790.163,
 1524  respectively, involving school or school personnel’s property,
 1525  school transportation, or a school-sponsored activity will be
 1526  expelled, with or without continuing educational services, from
 1527  the student’s regular school for a period of not less than 1
 1528  full year and referred for criminal prosecution and mental
 1529  health services identified by the school district pursuant to s.
 1530  1012.584(4) for evaluation or treatment, when appropriate.
 1531  District school boards may assign the student to a disciplinary
 1532  program or second chance school for the purpose of continuing
 1533  educational services during the period of expulsion. District
 1534  school superintendents may consider the 1-year expulsion
 1535  requirement on a case-by-case basis and request the district
 1536  school board to modify the requirement by assigning the student
 1537  to a disciplinary program or second chance school if it is
 1538  determined to be in the best interest of the student and the
 1539  school system.
 1540         (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the
 1541  district school board, implement a student crime watch program
 1542  to promote responsibility among students and improve school
 1543  safety. The student crime watch program shall allow students and
 1544  the community to anonymously relay information concerning unsafe
 1545  and potentially harmful, dangerous, violent, or criminal
 1546  activities, or the threat of these activities, to appropriate
 1547  public safety agencies and school officials to assist in the
 1548  control of criminal behavior within the schools.
 1549         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1550         (a) Formulate and prescribe policies and procedures, in
 1551  consultation with the appropriate public safety agencies, for
 1552  emergency drills and for actual emergencies, including, but not
 1553  limited to, fires, natural disasters, active shooter and hostage
 1554  situations, and bomb threats, for all students and faculty at
 1555  all the public schools of the district comprised of which
 1556  comprise grades K-12. Drills for active shooter and hostage
 1557  situations shall be conducted at least as often as other
 1558  emergency drills. District school board policies shall include
 1559  commonly used alarm system responses for specific types of
 1560  emergencies and verification by each school that drills have
 1561  been provided as required by law and fire protection codes. The
 1562  emergency response policy shall identify the individuals
 1563  responsible for contacting the primary emergency response agency
 1564  and the emergency response agency that is responsible for
 1565  notifying the school district for each type of emergency must be
 1566  listed in the district’s emergency response policy.
 1567         (b) Establish model emergency management and emergency
 1568  preparedness procedures, including emergency notification
 1569  procedures pursuant to paragraph (a), for the following life
 1570  threatening emergencies:
 1571         1. Weapon-use, and hostage, and active shooter situations.
 1572  The active shooter situation training for each school must
 1573  engage the participation of the district school safety
 1574  specialist, threat assessment team members, faculty, staff, and
 1575  students and must be conducted by the law enforcement agency or
 1576  agencies that are designated as first responders to the school’s
 1577  campus.
 1578         2. Hazardous materials or toxic chemical spills.
 1579         3. Weather emergencies, including hurricanes, tornadoes,
 1580  and severe storms.
 1581         4. Exposure as a result of a manmade emergency.
 1582         (c)Establish a schedule to test the functionality and
 1583  coverage capacity of all emergency communication systems and
 1584  determine if adequate signal strength is available in all areas
 1585  of the school’s campus.
 1586         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 1587  school superintendent shall establish policies and procedures
 1588  for the prevention of violence on school grounds, including the
 1589  assessment of and intervention with individuals whose behavior
 1590  poses a threat to the safety of the school community.
 1591         (a)Each district school superintendent shall designate a
 1592  school administrator as a school safety specialist for the
 1593  district. The school safety specialist must earn a certificate
 1594  of completion of the school safety specialist training provided
 1595  by the Office of Safe Schools within 1 year after appointment
 1596  and is responsible for the supervision and oversight for all
 1597  school safety and security personnel, policies, and procedures
 1598  in the school district. The school safety specialist shall:
 1599         1.Review policies and procedures for compliance with state
 1600  law and rules.
 1601         2.Provide the necessary training and resources to students
 1602  and school district staff in matters relating to youth mental
 1603  health awareness and assistance; emergency procedures, including
 1604  active shooter training; and school safety and security.
 1605         3.Serve as the school district liaison with local public
 1606  safety agencies and national, state, and community agencies and
 1607  organizations in matters of school safety and security.
 1608         4.Conduct a school security risk assessment in accordance
 1609  with s. 1006.1493 at each public school using the school
 1610  security risk assessment tool developed by the Office of Safe
 1611  Schools Use the Safety and Security Best Practices developed by
 1612  the Office of Program Policy Analysis and Government
 1613  Accountability to conduct a self-assessment of the school
 1614  districts’ current safety and security practices. Based on the
 1615  assessment these self-assessment findings, the district’s school
 1616  safety specialist district school superintendent shall provide
 1617  recommendations to the district school board which identify
 1618  strategies and activities that the district school board should
 1619  implement in order to improve school safety and security.
 1620  Annually, each district school board must receive such findings
 1621  and the school safety specialist’s recommendations the self
 1622  assessment results at a publicly noticed district school board
 1623  meeting to provide the public an opportunity to hear the
 1624  district school board members discuss and take action on the
 1625  report findings and recommendations. Each school safety
 1626  specialist district school superintendent shall report such
 1627  findings the self-assessment results and school board action to
 1628  the Office of Safe Schools commissioner within 30 days after the
 1629  district school board meeting.
 1630         (b)Each school safety specialist shall coordinate with the
 1631  appropriate public safety agencies, as defined in s. 365.171,
 1632  that are designated as first responders to a school’s campus to
 1633  conduct a tour of such campus once every 3 years and provide
 1634  recommendations related to school safety. The recommendations by
 1635  the public safety agencies must be considered as part of the
 1636  recommendations by the school safety specialist pursuant to
 1637  paragraph (a).
 1638         (7)THREAT ASSESSMENT TEAMS.—Each district school board
 1639  shall adopt policies for the establishment of threat assessment
 1640  teams at each school whose duties include the coordination of
 1641  resources and assessment and intervention with individuals whose
 1642  behavior may pose a threat to the safety of school staff or
 1643  students consistent with the model policies developed by the
 1644  Office of Safe Schools. Such policies shall include procedures
 1645  for referrals to mental health services identified by the school
 1646  district pursuant to s. 1012.584(4), when appropriate.
 1647         (a)A threat assessment team shall include persons with
 1648  expertise in counseling, instruction, school administration, and
 1649  law enforcement. The threat assessment teams shall identify
 1650  members of the school community to whom threatening behavior
 1651  should be reported and provide guidance to students, faculty,
 1652  and staff regarding recognition of threatening or aberrant
 1653  behavior that may represent a threat to the community, school,
 1654  or self.
 1655         (b)Upon a preliminary determination that a student poses a
 1656  threat of violence or physical harm to himself or herself or
 1657  others, a threat assessment team shall immediately report its
 1658  determination to the superintendent or his or her designee. The
 1659  superintendent or his or her designee shall immediately attempt
 1660  to notify the student’s parent or legal guardian. Nothing in
 1661  this subsection shall preclude school district personnel from
 1662  acting immediately to address an imminent threat.
 1663         (c)Upon a preliminary determination by the threat
 1664  assessment team that a student poses a threat of violence to
 1665  himself or herself or others or exhibits significantly
 1666  disruptive behavior or need for assistance, the threat
 1667  assessment team may obtain criminal history record information,
 1668  as provided in s. 985.047. A member of a threat assessment team
 1669  may not disclose any criminal history record information
 1670  obtained pursuant to this section or otherwise use any record of
 1671  an individual beyond the purpose for which such disclosure was
 1672  made to the threat assessment team.
 1673         (d)Notwithstanding any other provision of law, all state
 1674  and local agencies and programs that provide services to
 1675  students experiencing or at risk of an emotional disturbance or
 1676  a mental illness, including the school districts, school
 1677  personnel, state and local law enforcement agencies, the
 1678  Department of Juvenile Justice, the Department of Children and
 1679  Families, the Department of Health, the Agency for Health Care
 1680  Administration, the Agency for Persons with Disabilities, the
 1681  Department of Education, the Statewide Guardian Ad Litem Office,
 1682  and any service or support provider contracting with such
 1683  agencies, may share with each other records or information that
 1684  are confidential or exempt from disclosure under chapter 119 if
 1685  the records or information are reasonably necessary to ensure
 1686  access to appropriate services for the student or to ensure the
 1687  safety of the student or others. All such state and local
 1688  agencies and programs shall communicate, collaborate, and
 1689  coordinate efforts to serve such students.
 1690         (e)If an immediate mental health or substance abuse crisis
 1691  is suspected, school personnel shall follow policies established
 1692  by the threat assessment team to engage behavioral health crisis
 1693  resources. Behavioral health crisis resources, including, but
 1694  not limited to, mobile crisis teams and school resource officers
 1695  trained in crisis intervention, shall provide emergency
 1696  intervention and assessment, make recommendations, and refer the
 1697  student for appropriate services. Onsite school personnel shall
 1698  report all such situations and actions taken to the threat
 1699  assessment team, which shall contact the other agencies involved
 1700  with the student and any known service providers to share
 1701  information and coordinate any necessary followup actions.
 1702         (f)Each threat assessment team established pursuant to
 1703  this subsection shall report quantitative data on its activities
 1704  to the Office of Safe Schools in accordance with guidance from
 1705  the office.
 1706         (8) SAFETY IN CONSTRUCTION PLANNING.—A district school
 1707  board must allow the law enforcement agency or agencies that are
 1708  designated as first responders to the district’s campus and
 1709  school’s campuses to tour such campuses once every 3 years. Any
 1710  changes related to school safety and emergency issues
 1711  recommended by a law enforcement agency based on a campus tour
 1712  must be documented by the district school board.
 1713         Section 24. Subsection (2) of section 1006.08, Florida
 1714  Statutes, is amended to read:
 1715         1006.08 District school superintendent duties relating to
 1716  student discipline and school safety.—
 1717         (2) Notwithstanding the provisions of s. 985.04(7) or any
 1718  other provision of law to the contrary, the court shall, within
 1719  48 hours of the finding, notify the appropriate district school
 1720  superintendent of the name and address of any student found to
 1721  have committed a delinquent act, or who has had adjudication of
 1722  a delinquent act withheld which, if committed by an adult, would
 1723  be a felony, or the name and address of any student found guilty
 1724  of a felony, or the name and address of any student the court
 1725  refers to mental health services. Notification shall include the
 1726  specific delinquent act found to have been committed or for
 1727  which adjudication was withheld, or the specific felony for
 1728  which the student was found guilty.
 1729         Section 25. Section 1006.12, Florida Statutes, is amended
 1730  to read:
 1731         1006.12 Safe-school school resource officers at each public
 1732  school and school safety officers.—For the protection and safety
 1733  of school personnel, property, students, and visitors, each
 1734  district school board and school district superintendent shall
 1735  partner with law enforcement agencies to establish or assign one
 1736  or more safe-school officers at each school facility within the
 1737  district by implementing any combination of the following
 1738  options which best meets the needs of the school district:
 1739         (1) District school boards may Establish school resource
 1740  officer programs, through a cooperative agreement with law
 1741  enforcement agencies or in accordance with subsection (2).
 1742         (a) School resource officers shall undergo criminal
 1743  background checks, drug testing, and a psychological evaluation
 1744  and be certified law enforcement officers, as defined in s.
 1745  943.10(1), who are employed by a law enforcement agency as
 1746  defined in s. 943.10(4). The powers and duties of a law
 1747  enforcement officer shall continue throughout the employee’s
 1748  tenure as a school resource officer.
 1749         (b) School resource officers shall abide by district school
 1750  board policies and shall consult with and coordinate activities
 1751  through the school principal, but shall be responsible to the
 1752  law enforcement agency in all matters relating to employment,
 1753  subject to agreements between a district school board and a law
 1754  enforcement agency. Activities conducted by the school resource
 1755  officer which are part of the regular instructional program of
 1756  the school shall be under the direction of the school principal.
 1757         (c) Complete mental health crisis intervention training
 1758  using a curriculum developed by a national organization with
 1759  expertise in mental health crisis intervention. The training
 1760  shall improve officers’ knowledge and skills as first responders
 1761  to incidents involving students with emotional disturbance or
 1762  mental illness, including de-escalation skills to ensure student
 1763  and officer safety.
 1764         (2) Commission one or more school safety officers for the
 1765  protection and safety of school personnel, property, and
 1766  students within the school district. The district school
 1767  superintendent may recommend, and the district school board may
 1768  appoint, one or more school safety officers.
 1769         (2)(a) School safety officers shall undergo criminal
 1770  background checks, drug testing, and a psychological evaluation
 1771  and be law enforcement officers, as defined in s. 943.10(1),
 1772  certified under the provisions of chapter 943 and employed by
 1773  either a law enforcement agency or by the district school board.
 1774  If the officer is employed by the district school board, the
 1775  district school board is the employing agency for purposes of
 1776  chapter 943, and must comply with the provisions of that
 1777  chapter.
 1778         (b) A district school board may commission one or more
 1779  school safety officers for the protection and safety of school
 1780  personnel, property, and students within the school district.
 1781  The district school superintendent may recommend and the
 1782  district school board may appoint one or more school safety
 1783  officers.
 1784         (b)(c) A school safety officer has and shall exercise the
 1785  power to make arrests for violations of law on district school
 1786  board property and to arrest persons, whether on or off such
 1787  property, who violate any law on such property under the same
 1788  conditions that deputy sheriffs are authorized to make arrests.
 1789  A school safety officer has the authority to carry weapons when
 1790  performing his or her official duties.
 1791         (c)(d) A district school board may enter into mutual aid
 1792  agreements with one or more law enforcement agencies as provided
 1793  in chapter 23. A school safety officer’s salary may be paid
 1794  jointly by the district school board and the law enforcement
 1795  agency, as mutually agreed to.
 1796         (3) At the school district’s discretion, participate in the
 1797  school marshal program if such program is established pursuant
 1798  to s. 30.15, to meet the requirement of establishing a safe
 1799  school officer.
 1800         Section 26. Subsection (1), paragraph (c) of subsection
 1801  (4), and subsection (8) of section 1006.13, Florida Statutes,
 1802  are amended, and paragraph (f) is added to subsection (2) of
 1803  that section, to read:
 1804         1006.13 Policy of zero tolerance for crime and
 1805  victimization.—
 1806         (1) District school boards shall It is the intent of the
 1807  Legislature to promote a safe and supportive learning
 1808  environment in schools by protecting, to protect students and
 1809  staff from conduct that poses a serious threat to school safety.
 1810  A threat assessment team may, and to encourage schools to use
 1811  alternatives to expulsion or referral to law enforcement
 1812  agencies to address by addressing disruptive behavior through
 1813  restitution, civil citation, teen court, neighborhood
 1814  restorative justice, or similar programs. Zero-tolerance The
 1815  Legislature finds that zero-tolerance policies may are not
 1816  intended to be rigorously applied to petty acts of misconduct
 1817  and misdemeanors, including, but not limited to, minor fights or
 1818  disturbances. Zero-tolerance policies The Legislature finds that
 1819  zero-tolerance policies must apply equally to all students
 1820  regardless of their economic status, race, or disability.
 1821         (2) Each district school board shall adopt a policy of zero
 1822  tolerance that:
 1823         (f)Requires the threat assessment team to consult with law
 1824  enforcement when a student exhibits a pattern of behavior, based
 1825  upon previous acts or the severity of an act, that would pose a
 1826  threat to school safety.
 1827         (4)
 1828         (c) Zero-tolerance policies do not require the reporting of
 1829  petty acts of misconduct and misdemeanors to a law enforcement
 1830  agency, including, but not limited to, disorderly conduct,
 1831  disrupting a school function, simple assault or battery, affray,
 1832  theft of less than $300, trespassing, and vandalism of less than
 1833  $1,000. However, if a student commits more than one misdemeanor,
 1834  the threat assessment team must consult with law enforcement to
 1835  determine if the act should be reported to law enforcement.
 1836         (8) A threat assessment team may School districts are
 1837  encouraged to use alternatives to expulsion or referral to law
 1838  enforcement agencies unless the use of such alternatives will
 1839  pose a threat to school safety.
 1840         Section 27. Section 1006.1493, Florida Statutes, is created
 1841  to read:
 1842         1006.1493Florida Safe Schools Assessment Tool.—
 1843         (1) The department through the Office of Safe Schools
 1844  pursuant s. 1001.212 shall contract with a security consulting
 1845  firm that specializes in the development of risk assessment
 1846  software solutions and has experience in conducting security
 1847  assessments of public facilities to develop, update, and
 1848  implement a risk assessment tool, which shall be known as the
 1849  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
 1850  used by school officials at each school district and public
 1851  school site in the state in conducting security assessments for
 1852  use by school officials at each school district and public
 1853  school site in the state.
 1854         (2) The FSSAT must help school officials identify threats,
 1855  vulnerabilities, and appropriate safety controls for the schools
 1856  that they supervise, pursuant to the security risk assessment
 1857  requirements of s. 1006.07(6).
 1858         (a) At a minimum, the FSSAT must address all of the
 1859  following components:
 1860         1. School emergency and crisis preparedness planning;
 1861         2. Security, crime, and violence prevention policies and
 1862  procedures;
 1863         3. Physical security measures;
 1864         4. Professional development training needs;
 1865         5. An examination of support service roles in school
 1866  safety, security, and emergency planning;
 1867         6. School security and school police staffing, operational
 1868  practices, and related services;
 1869         7. School and community collaboration on school safety; and
 1870         8. A return on investment analysis of the recommended
 1871  physical security controls.
 1872         (b) The department shall require by contract that the
 1873  security consulting firm:
 1874         1. Generate written automated reports on assessment
 1875  findings for review by the department and school and district
 1876  officials;
 1877         2. Provide training to the department and school officials
 1878  in the use of the FSSAT and other areas of importance identified
 1879  by the department; and
 1880         3. Advise in the development and implementation of
 1881  templates, formats, guidance, and other resources necessary to
 1882  facilitate the implementation of this section at state,
 1883  district, school, and local levels.
 1884         (3) By December 1, 2018, and annually by that date
 1885  thereafter, the department must report to the Governor, the
 1886  President of the Senate, and the Speaker of the House of
 1887  Representatives on the status of implementation across school
 1888  districts and schools. The report must include a summary of the
 1889  positive school safety measures in place at the time of the
 1890  assessment and any recommendations for policy changes or funding
 1891  needed to facilitate continued school safety planning,
 1892  improvement, and response at the state, district, or school
 1893  levels.
 1894         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 1895  and information related to security risk assessments
 1896  administered pursuant to this section and s. 1006.07(6) and the
 1897  security information contained in the annual report required
 1898  pursuant to subsection (3) are confidential and exempt from
 1899  public records requirements.
 1900         Section 28. Subsection (16) and (17) of section 1011.62,
 1901  Florida Statutes, are redesignated as subsections (17) and (18),
 1902  respectively, paragraph (a) of subsection (4), paragraph (b) of
 1903  subsection (6), subsection (14), and subsection (15) of that
 1904  section are amended, and a new subsection (16) is added to that
 1905  section, to read:
 1906         1011.62 Funds for operation of schools.—If the annual
 1907  allocation from the Florida Education Finance Program to each
 1908  district for operation of schools is not determined in the
 1909  annual appropriations act or the substantive bill implementing
 1910  the annual appropriations act, it shall be determined as
 1911  follows:
 1912         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1913  Legislature shall prescribe the aggregate required local effort
 1914  for all school districts collectively as an item in the General
 1915  Appropriations Act for each fiscal year. The amount that each
 1916  district shall provide annually toward the cost of the Florida
 1917  Education Finance Program for kindergarten through grade 12
 1918  programs shall be calculated as follows:
 1919         (a) Estimated taxable value calculations.—
 1920         1.a. Not later than 2 working days before July 19, the
 1921  Department of Revenue shall certify to the Commissioner of
 1922  Education its most recent estimate of the taxable value for
 1923  school purposes in each school district and the total for all
 1924  school districts in the state for the current calendar year
 1925  based on the latest available data obtained from the local
 1926  property appraisers. The value certified shall be the taxable
 1927  value for school purposes for that year, and no further
 1928  adjustments shall be made, except those made pursuant to
 1929  paragraphs (c) and (d), or an assessment roll change required by
 1930  final judicial decisions as specified in paragraph (17)(b)
 1931  (16)(b). Not later than July 19, the Commissioner of Education
 1932  shall compute a millage rate, rounded to the next highest one
 1933  one-thousandth of a mill, which, when applied to 96 percent of
 1934  the estimated state total taxable value for school purposes,
 1935  would generate the prescribed aggregate required local effort
 1936  for that year for all districts. The Commissioner of Education
 1937  shall certify to each district school board the millage rate,
 1938  computed as prescribed in this subparagraph, as the minimum
 1939  millage rate necessary to provide the district required local
 1940  effort for that year.
 1941         b. The General Appropriations Act shall direct the
 1942  computation of the statewide adjusted aggregate amount for
 1943  required local effort for all school districts collectively from
 1944  ad valorem taxes to ensure that no school district’s revenue
 1945  from required local effort millage will produce more than 90
 1946  percent of the district’s total Florida Education Finance
 1947  Program calculation as calculated and adopted by the
 1948  Legislature, and the adjustment of the required local effort
 1949  millage rate of each district that produces more than 90 percent
 1950  of its total Florida Education Finance Program entitlement to a
 1951  level that will produce only 90 percent of its total Florida
 1952  Education Finance Program entitlement in the July calculation.
 1953         2. On the same date as the certification in sub
 1954  subparagraph 1.a., the Department of Revenue shall certify to
 1955  the Commissioner of Education for each district:
 1956         a. Each year for which the property appraiser has certified
 1957  the taxable value pursuant to s. 193.122(2) or (3), if
 1958  applicable, since the prior certification under sub-subparagraph
 1959  1.a.
 1960         b. For each year identified in sub-subparagraph a., the
 1961  taxable value certified by the appraiser pursuant to s.
 1962  193.122(2) or (3), if applicable, since the prior certification
 1963  under sub-subparagraph 1.a. This is the certification that
 1964  reflects all final administrative actions of the value
 1965  adjustment board.
 1966         (6) CATEGORICAL FUNDS.—
 1967         (b) If a district school board finds and declares in a
 1968  resolution adopted at a regular meeting of the school board that
 1969  the funds received for any of the following categorical
 1970  appropriations are urgently needed to maintain school board
 1971  specified academic classroom instruction or improve school
 1972  safety, the school board may consider and approve an amendment
 1973  to the school district operating budget transferring the
 1974  identified amount of the categorical funds to the appropriate
 1975  account for expenditure:
 1976         1. Funds for student transportation.
 1977         2.Funds for safe schools.
 1978         2.3. Funds for supplemental academic instruction if the
 1979  required additional hour of instruction beyond the normal school
 1980  day for each day of the entire school year has been provided for
 1981  the students in each low-performing elementary school in the
 1982  district pursuant to paragraph (1)(f).
 1983         3.4. Funds for research-based reading instruction if the
 1984  required additional hour of instruction beyond the normal school
 1985  day for each day of the entire school year has been provided for
 1986  the students in each low-performing elementary school in the
 1987  district pursuant to paragraph (9)(a).
 1988         4.5. Funds for instructional materials if all instructional
 1989  material purchases necessary to provide updated materials that
 1990  are aligned with applicable state standards and course
 1991  descriptions and that meet statutory requirements of content and
 1992  learning have been completed for that fiscal year, but no sooner
 1993  than March 1. Funds available after March 1 may be used to
 1994  purchase hardware for student instruction.
 1995         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1996  annually in the General Appropriations Act determine a
 1997  percentage increase in funds per K-12 unweighted FTE as a
 1998  minimum guarantee to each school district. The guarantee shall
 1999  be calculated from prior year base funding per unweighted FTE
 2000  student which shall include the adjusted FTE dollars as provided
 2001  in subsection (17) (16), quality guarantee funds, and actual
 2002  nonvoted discretionary local effort from taxes. From the base
 2003  funding per unweighted FTE, the increase shall be calculated for
 2004  the current year. The current year funds from which the
 2005  guarantee shall be determined shall include the adjusted FTE
 2006  dollars as provided in subsection (17) (16) and potential
 2007  nonvoted discretionary local effort from taxes. A comparison of
 2008  current year funds per unweighted FTE to prior year funds per
 2009  unweighted FTE shall be computed. For those school districts
 2010  which have less than the legislatively assigned percentage
 2011  increase, funds shall be provided to guarantee the assigned
 2012  percentage increase in funds per unweighted FTE student. Should
 2013  appropriated funds be less than the sum of this calculated
 2014  amount for all districts, the commissioner shall prorate each
 2015  district’s allocation. This provision shall be implemented to
 2016  the extent specifically funded.
 2017         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 2018  created to provide funding to assist school districts in their
 2019  compliance with s. 1006.07 ss. 1006.07-1006.148, with priority
 2020  given to implementing the district’s establishing a school
 2021  resource officer program pursuant to s. 1006.12. Each school
 2022  district shall receive a minimum safe schools allocation in an
 2023  amount provided in the General Appropriations Act. Of the
 2024  remaining balance of the safe schools allocation, two-thirds
 2025  shall be allocated to school districts based on the most recent
 2026  official Florida Crime Index provided by the Department of Law
 2027  Enforcement and one-third shall be allocated based on each
 2028  school district’s proportionate share of the state’s total
 2029  unweighted full-time equivalent student enrollment. Any
 2030  additional funds appropriated to this allocation in the 2018
 2031  2019 fiscal year to the school resource officer program
 2032  established pursuant to s. 1006.12 shall be used exclusively for
 2033  employing or contracting for school resource officers, which
 2034  shall be in addition to the number of officers employed or
 2035  contracted for in the 2017-2018 fiscal year.
 2036         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 2037  assistance allocation is created to provide funding to assist
 2038  school districts in establishing or expanding school-based
 2039  mental health care. These funds shall be allocated annually in
 2040  the General Appropriations Act or other law to each eligible
 2041  school district. Each school district shall receive a minimum of
 2042  $100,000 with the remaining balance allocated based on each
 2043  school district’s proportionate share of the state’s total
 2044  unweighted full-time equivalent student enrollment. Eligible
 2045  charter schools are entitled to a proportionate share of
 2046  district funding. At least 90 percent of a district’s allocation
 2047  must be expended on the elements specified in subparagraphs
 2048  (b)1. and 2. The allocated funds may not supplant funds that are
 2049  provided for this purpose from other operating funds and may not
 2050  be used to increase salaries or provide bonuses. School
 2051  districts are encouraged to maximize third party health
 2052  insurance benefits and Medicaid claiming for services, where
 2053  appropriate.
 2054         (a)Before the distribution of the allocation:
 2055         1.The school district must develop and submit a detailed
 2056  plan outlining the local program and planned expenditures to the
 2057  district school board for approval.
 2058         2.A charter school must develop and submit a detailed plan
 2059  outlining the local program and planned expenditures to its
 2060  governing body for approval. After the plan is approved by the
 2061  governing body, it must be provided to the charter school’s
 2062  sponsor.
 2063         (b) The plans required under paragraph (a) must be focused
 2064  on delivering evidence-based mental health care treatment to
 2065  children and include the following elements:
 2066         1.Provision of mental health assessment, diagnosis,
 2067  intervention, treatment, and recovery services to students with
 2068  one or more mental health or co-occurring substance abuse
 2069  diagnoses and students at high risk of such diagnoses.
 2070         2.Coordination of such services with a student’s primary
 2071  care provider and with other mental health providers involved in
 2072  the student’s care.
 2073         3.Direct employment of such service providers, or a
 2074  contract-based collaborative effort or partnership with one or
 2075  more local community mental health programs, agencies, or
 2076  providers.
 2077         (c) School districts shall submit approved plans, including
 2078  approved plans of each charter school in the district, to the
 2079  commissioner by August 1 of each fiscal year.
 2080         (d)Beginning September 30, 2019, and annually by September
 2081  30 thereafter, each school district shall submit to the
 2082  Department of Education a report on its program outcomes and
 2083  expenditures for the previous fiscal year that, at a minimum,
 2084  must include the number of each of the following:
 2085         1.Students who receive screenings or assessments.
 2086         2.Students who are referred for services or assistance.
 2087         3.Students who receive services or assistance.
 2088         4.Direct employment service providers employed by each
 2089  school district.
 2090         5.Contract-based collaborative efforts or partnerships
 2091  with community mental health programs, agencies, or providers.
 2092         Section 29. Section 1012.584, Florida Statutes, is created
 2093  to read:
 2094         1012.584Continuing education and inservice training for
 2095  youth mental health awareness and assistance.—
 2096         (1)Beginning with the 2018-2019 school year, the
 2097  Department of Education shall establish an evidence-based youth
 2098  mental health awareness and assistance training program to help
 2099  school personnel identify and understand the signs of emotional
 2100  disturbance, mental illness, and substance use disorders and
 2101  provide such personnel with the skills to help a person who is
 2102  developing or experiencing an emotional disturbance, mental
 2103  health, or substance use problem.
 2104         (2)The Department of Education shall select a national
 2105  authority on youth mental health awareness and assistance to
 2106  facilitate providing youth mental health awareness and
 2107  assistance training, using a trainer certification model, to all
 2108  school personnel in elementary, middle, and high schools. Each
 2109  school safety specialist shall earn, or designate one or more
 2110  individuals to earn, certification as a youth mental health
 2111  awareness and assistance trainer. The school safety specialist
 2112  shall ensure that all school personnel within his or her school
 2113  district receive youth mental health awareness and assistance
 2114  training.
 2115         (3)The training program shall include, but is not limited
 2116  to:
 2117         (a)An overview of mental illnesses and substance use
 2118  disorders and the need to reduce the stigma of mental illness.
 2119         (b)Information on the potential risk factors and warning
 2120  signs of emotional disturbance, mental illness, or substance use
 2121  disorders, including, but not limited to, depression, anxiety,
 2122  psychosis, eating disorders, and self-injury, as well as common
 2123  treatments for those conditions and how to assess those risks.
 2124         (c)Information on how to engage at-risk students with the
 2125  skills, resources, and knowledge required to assess the
 2126  situation, and how to identify and encourage the student to use
 2127  appropriate professional help and other support strategies,
 2128  including, but not limited to, peer, social, or self-help care.
 2129         (4)Each school district shall notify all school personnel
 2130  who have received training pursuant to this section of mental
 2131  health services that are available in the school district, and
 2132  the individual to contact if a student needs services. The term
 2133  “mental health services” includes, but is not limited to,
 2134  community mental health services, health care providers, and
 2135  services provided under ss. 1006.04 and 1011.62(17).
 2136         Section 30. For the purpose of incorporating the amendment
 2137  made by this act to section 790.065, Florida Statutes, in a
 2138  reference thereto, subsection (2) of section 397.6760, Florida
 2139  Statutes, is reenacted to read:
 2140         397.6760 Court records; confidentiality.—
 2141         (2) This section does not preclude the clerk of the court
 2142  from submitting the information required by s. 790.065 to the
 2143  Department of Law Enforcement.
 2144         Section 31. For the purpose of incorporating the amendment
 2145  made by this act to section 790.065, Florida Statutes, in a
 2146  reference thereto, paragraph (e) of subsection (3) of section
 2147  790.335, Florida Statutes, is reenacted to read:
 2148         790.335 Prohibition of registration of firearms; electronic
 2149  records.—
 2150         (3) EXCEPTIONS.—The provisions of this section shall not
 2151  apply to:
 2152         (e)1. Records kept pursuant to the recordkeeping provisions
 2153  of s. 790.065; however, nothing in this section shall be
 2154  construed to authorize the public release or inspection of
 2155  records that are made confidential and exempt from the
 2156  provisions of s. 119.07(1) by s. 790.065(4)(a).
 2157         2. Nothing in this paragraph shall be construed to allow
 2158  the maintaining of records containing the names of purchasers or
 2159  transferees who receive unique approval numbers or the
 2160  maintaining of records of firearm transactions.
 2161         Section 32. For the purpose of incorporating the amendment
 2162  made by this act to section 836.10, Florida Statutes, in a
 2163  reference thereto, subsection (1) of section 794.056, Florida
 2164  Statutes, is reenacted to read:
 2165         794.056 Rape Crisis Program Trust Fund.—
 2166         (1) The Rape Crisis Program Trust Fund is created within
 2167  the Department of Health for the purpose of providing funds for
 2168  rape crisis centers in this state. Trust fund moneys shall be
 2169  used exclusively for the purpose of providing services for
 2170  victims of sexual assault. Funds credited to the trust fund
 2171  consist of those funds collected as an additional court
 2172  assessment in each case in which a defendant pleads guilty or
 2173  nolo contendere to, or is found guilty of, regardless of
 2174  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2175  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2176  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2177  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2178  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2179  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2180  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2181  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2182  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2183  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2184  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2185  fund also shall include revenues provided by law, moneys
 2186  appropriated by the Legislature, and grants from public or
 2187  private entities.
 2188         Section 33. For the purpose of incorporating the amendment
 2189  made by this act to section 836.10, Florida Statutes, in a
 2190  reference thereto, section 938.085, Florida Statutes, is
 2191  reenacted to read:
 2192         938.085 Additional cost to fund rape crisis centers.—In
 2193  addition to any sanction imposed when a person pleads guilty or
 2194  nolo contendere to, or is found guilty of, regardless of
 2195  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2196  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2197  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2198  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2199  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2200  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2201  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2202  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2203  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2204  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2205  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2206  $151. Payment of the surcharge shall be a condition of
 2207  probation, community control, or any other court-ordered
 2208  supervision. The sum of $150 of the surcharge shall be deposited
 2209  into the Rape Crisis Program Trust Fund established within the
 2210  Department of Health by chapter 2003-140, Laws of Florida. The
 2211  clerk of the court shall retain $1 of each surcharge that the
 2212  clerk of the court collects as a service charge of the clerk’s
 2213  office.
 2214         Section 34. For the 2018-2019 fiscal year, the sum of $69,
 2215  237,286 in recurring funds is appropriated from the General
 2216  Revenue Fund to the Department of Education in the Aid to Local
 2217  Governments Grants and Aids – Florida Education Finance Program
 2218  to fund the mental health assistance allocation created pursuant
 2219  to s. 1011.62(16), Florida Statutes.
 2220         Section 35. For the 2018-2019 fiscal year, the sums of
 2221  $500,000 in recurring funds and $6,200,000 in nonrecurring funds
 2222  are appropriated from the General Revenue Fund to the Department
 2223  of Education to implement the youth mental health awareness and
 2224  assistance training as directed pursuant to s. 1012.584, Florida
 2225  Statutes.
 2226         Section 36. For the 2018-2019 fiscal year, the sum of $1
 2227  million in nonrecurring funds is appropriated from the General
 2228  Revenue Fund to the Department of Education for the design and
 2229  construction of a memorial honoring those who lost their lives
 2230  on February 14, 2018, at Marjory Stoneman Douglas High School in
 2231  Broward County. The department shall collaborate with the
 2232  students and faculty of Marjory Stoneman Douglas High School,
 2233  the families of the victims, the Broward County School District,
 2234  and other relevant entities of the Parkland community on the
 2235  design and placement of the memorial.
 2236         Section 37. For the 2018-2019 fiscal year, the sum of
 2237  $25,262,714 in nonrecurring funds is appropriated from the
 2238  General Revenue Fund to the Department of Education combined
 2239  with an equal amount of local matching funds for the purpose of
 2240  replacing Building 12, as listed in the Florida Inventory of
 2241  School Houses, at Marjory Stoneman Douglas High School in
 2242  Broward County.
 2243         Section 38. For the 2018-2019 fiscal year, the sums of
 2244  $500,000 in recurring funds and $67 million in nonrecurring
 2245  funds are appropriated from the General Revenue Fund to the
 2246  Department of Education to allocate to sheriffs’ offices who
 2247  establish a school marshal program pursuant to s. 30.15, Florida
 2248  Statutes. The funds shall be used for screening-related and
 2249  training-related costs and providing a one-time stipend of $500
 2250  to school marshals who participate in the school marshal
 2251  program.
 2252         Section 39. For the 2018-2019 fiscal year, three full-time
 2253  equivalent positions, with associated salary rate of 150,000,
 2254  are authorized, and the sum of $344,393 in recurring funds is
 2255  appropriated from the General Revenue Fund to the Department of
 2256  Education to fund the Office of Safe Schools created pursuant to
 2257  s. 1001.212, Florida Statutes.
 2258         Section 40. For the 2018-2019 fiscal year, the sum of
 2259  $97,500,000 in recurring funds is appropriated from the General
 2260  Revenue Fund to the Department of Education in the Aid to Local
 2261  Governments Grants and Aids – Florida Education Finance Program
 2262  category for the safe schools allocation. These funds are in
 2263  addition to the safe schools allocation funds appropriated in
 2264  the Florida Education Finance Program in the Fiscal Year 2018
 2265  2019 General Appropriations Act. From these funds, $187,340
 2266  shall be distributed to each school district and developmental
 2267  research school to increase each school districts’ minimum
 2268  amount to $250,000 when combined with the minimum amount
 2269  appropriated in the 2018-2019 General Appropriations Act.
 2270  Notwithstanding s. 1011.62(15), Florida Statutes, the balance of
 2271  the funds appropriated in this section shall be distributed to
 2272  school districts based on each district’s proportionate share of
 2273  the state’s total unweighted full-time equivalent student
 2274  enrollment. Each school district must use these funds
 2275  exclusively for hiring or contracting for school resource
 2276  officers pursuant to s. 1006.12, Florida Statutes.
 2277         Section 41. For the 2018-2019 fiscal year, the sum of
 2278  $100,000 in recurring funds is appropriated from the General
 2279  Revenue Fund to the Department of Education to competitively
 2280  procure the active shooter training component of the school
 2281  safety specialist training program pursuant to s. 1001.212,
 2282  Florida Statutes.
 2283         Section 42. For the 2018-2019 fiscal year, the sum of
 2284  $98,962,286 in nonrecurring funds is appropriated from the
 2285  General Revenue Fund to the Department of Education to implement
 2286  a grant program that will provide awards to schools to fund, in
 2287  whole or in part, the fixed capital outlay costs associated with
 2288  improving the physical security of school buildings as
 2289  identified by a security risk assessment completed before August
 2290  1, 2018, by a school district or charter school. By August 31,
 2291  2018, the department shall submit the grant guidelines, which
 2292  must include an application submission deadline of no later than
 2293  December 1, 2018, and the specific evaluation criteria, to all
 2294  school districts and charter schools. The department shall award
 2295  grants no later than January 15, 2019, based upon the evaluation
 2296  criteria set forth in the application guidelines.
 2297         Section 43. For the 2018-2019 fiscal year, the sums of
 2298  $300,000 in nonrecurring funds and $100,000 in recurring funds
 2299  are appropriated from the General Revenue Fund to the Department
 2300  of Law Enforcement to competitively procure proposals for the
 2301  development or acquisition of the mobile suspicious activity
 2302  reporting tool pursuant to s. 943.082, Florida Statutes. The
 2303  tool shall be implemented no later than January 31, 2019.
 2304         Section 44. For the 2018-2019 fiscal year, five full-time
 2305  equivalent positions, with associated salary rate of 345,000,
 2306  are authorized and the recurring sum of $600,000 and the
 2307  nonrecurring sum of $50,000 are appropriated from the General
 2308  Revenue Fund to the Department of Law Enforcement to fund the
 2309  operations of the Marjory Stoneman Douglas High School Public
 2310  Safety Commission.
 2311         Section 45. For the 2018-2019 fiscal year, the sum of
 2312  $9,800,000 in recurring funds is appropriated from the General
 2313  Revenue Fund to the Department of Children and Families to
 2314  competitively procure for additional community action treatment
 2315  teams to ensure reasonable access among all counties. The
 2316  department shall consider the geographic location of existing
 2317  community action treatment teams and select providers to serve
 2318  the areas of greatest need.
 2319         Section 46. For the 2018-2019 fiscal year, the sums of
 2320  $18,300,000 in recurring funds are appropriated from the General
 2321  Revenue Fund to the Department of Children and Families to
 2322  competitively procure proposals for additional mobile crisis
 2323  teams to ensure reasonable access among all counties. The
 2324  department shall consider the geographic location of existing
 2325  mobile crisis teams and select providers to serve the areas of
 2326  greatest need.
 2327         Section 47. For the 2018-2019 fiscal year, the sums of
 2328  $18,321 in recurring funds and $225,000 in nonrecurring funds
 2329  are appropriated from the General Revenue Fund to the Department
 2330  of Education in the Special Categories – Teacher and School
 2331  Administrator Death Benefits category to provide for the
 2332  benefits awarded pursuant to s. 112.1915, Florida Statutes, to
 2333  the eligible recipients of the three Marjory Stoneman Douglas
 2334  High School staff members who lost their lives on February 14,
 2335  2018.
 2336         Section 48. For the 2018-2019 fiscal year, the sum of $3
 2337  million in recurring funds is appropriated from the General
 2338  Revenue Fund to the Department of Education to competitively
 2339  procure for the development or acquisition of the centralized
 2340  data repository and analytics resources pursuant to s. 1001.212,
 2341  Florida Statutes. The department shall collaborate with the
 2342  Department of Law Enforcement and school districts to identify
 2343  the requirements and functionality of the data repository and
 2344  analytics resources and shall make such resources available to
 2345  the school districts no later than December 1, 2018.
 2346         Section 49. For the 2018-2019 fiscal year, the sum of $1
 2347  million in nonrecurring funds is appropriated from the General
 2348  Revenue Fund to the Department of Education to competitively
 2349  procure a contract with a third-party security consultant with
 2350  experience in conducting security risk assessments of public
 2351  schools. Contract funds shall be used to review and analyze the
 2352  department’s current security risk assessment tool known as the
 2353  Florida Safe Schools Assessment Tool (FSSAT) and a sample of
 2354  self-assessments conducted by school districts using the FSSAT
 2355  to determine the effectiveness of the recommendations produced
 2356  based upon the FSSAT. The review shall include any recommended
 2357  updates and enhancements with associated costs for their
 2358  implementation to aid districts in developing recommendations to
 2359  address safety and security issues discovered by the FSSAT. The
 2360  department shall submit the completed review to the State Board
 2361  of Education, the Executive Office of the Governor’s Office of
 2362  Policy and Budget, the chair of the Senate Committee on
 2363  Appropriations, and the House of Representatives Appropriations
 2364  Committee no later than January 1, 2019.
 2365         Section 50. Except as otherwise expressly provided in this
 2366  act, this act shall take effect upon becoming a law.
 2367  
 2368  ================= T I T L E  A M E N D M E N T ================
 2369  And the title is amended as follows:
 2370         Delete everything before the enacting clause
 2371  and insert:
 2372                        A bill to be entitled                      
 2373         An act relating to public safety; providing a short
 2374         title; providing legislative findings; amending
 2375         16.555, F.S.; authorizing the awarding of grants
 2376         through the Crime Stoppers Trust Fund for student
 2377         crime watch programs; amending s. 20.15, F.S.;
 2378         establishing the Office of Safe Schools within the
 2379         Department of Education; amending s. 30.15, F.S.;
 2380         providing that each sheriff may establish a school
 2381         marshal program and appoint certain volunteer school
 2382         employees as school marshals; providing sheriff and
 2383         school marshal requirements; requiring certain
 2384         documentation and records be maintained relating to
 2385         such school marshals; amending s. 121.091, F.S.;
 2386         authorizing certain retired law enforcement officers
 2387         to be reemployed as school resource officers after
 2388         meeting specified termination requirements;
 2389         authorizing such retired law enforcement officers to
 2390         receive compensation and retirement benefits after a
 2391         specified period; providing that such retired law
 2392         enforcement officers may not renew membership in the
 2393         Florida Retirement System, except as otherwise
 2394         provided; amending s. 394.463, F.S.; requiring when
 2395         practicable that a law enforcement officer with
 2396         certain training be assigned to serve and execute
 2397         certain ex parte orders; authorizing a law enforcement
 2398         officer to seize and hold firearms and ammunition if
 2399         taking custody of a person who poses a potential
 2400         danger to himself or herself or others and who has
 2401         made a credible threat against another person;
 2402         authorizing a law enforcement officer to seek the
 2403         voluntary surrender of firearms and ammunition kept in
 2404         the residence if the law enforcement officer takes
 2405         custody of the person at the person’s residence and
 2406         certain criteria are met; authorizing such law
 2407         enforcement officer to petition an appropriate court
 2408         for a risk protection order under certain
 2409         circumstances; requiring that firearms and ammunition
 2410         seized or voluntarily surrendered be returned within a
 2411         certain timeframe under specified circumstances;
 2412         providing exceptions; requiring law enforcement
 2413         agencies to develop policies and procedures relating
 2414         to the seizure, storage, and return of firearms and
 2415         ammunition; amending s. 394.495, F.S.; requiring the
 2416         Department of Children and Families to contract for
 2417         community action treatment teams throughout the state
 2418         with the managing entities; specifying requirements
 2419         for community action treatment teams; subject to
 2420         legislative appropriation, requiring the department to
 2421         contract for additional teams to ensure statewide
 2422         availability of services; creating s. 790.064, F.S.;
 2423         prohibiting a person who has been adjudicated mentally
 2424         defective or been committed to a mental institution
 2425         from owning or possessing a firearm until certain
 2426         relief is obtained; specifying that the firearm
 2427         possession and ownership disability runs concurrently
 2428         with the firearm purchase disability under certain
 2429         provisions; authorizing a person to petition for
 2430         relief from the firearm possession and ownership
 2431         disability; requiring that petitions for relief follow
 2432         certain procedures; authorizing such person to
 2433         petition for simultaneous relief; amending s. 790.065,
 2434         F.S.; prohibiting a person younger than a certain age
 2435         from purchasing a firearm; prohibiting the sale or
 2436         transfer, or facilitation of a sale or transfer, of a
 2437         firearm to a person younger than a certain age by a
 2438         licensed importer, licensed manufacturer, or licensed
 2439         dealer; providing criminal penalties; providing
 2440         exceptions; amending s. 790.0655, F.S.; revising the
 2441         mandatory waiting period to the later of either 3
 2442         days, excluding weekends and legal holidays, or upon
 2443         the completion of certain records checks; revising and
 2444         redefining terms; requiring that records of firearm
 2445         sales be available for inspection by any law
 2446         enforcement agency during normal business hours;
 2447         revising applicability of the waiting period;
 2448         conforming provisions to changes made by the act;
 2449         creating s. 790.222, F.S.; defining the term “bump
 2450         fire stock”; prohibiting specified acts relating to
 2451         the sale and possession of bump-fire stocks; providing
 2452         criminal penalties; providing legislative intent;
 2453         providing a short title; creating s. 790.401, F.S.;
 2454         defining terms; creating an action known as a petition
 2455         for a risk protection order to prevent persons who are
 2456         at high risk of harming themselves or others from
 2457         accessing firearms or ammunition; providing
 2458         requirements for petitions for such orders; providing
 2459         duties for courts and clerks of court; prohibiting
 2460         fees for the filing of or service of process of such
 2461         petitions; providing for jurisdiction for such
 2462         petitions; requiring hearings on petitions within a
 2463         specified period; providing service requirements;
 2464         providing grounds that may be considered in
 2465         determining whether to grant such a petition;
 2466         providing requirements for proceedings; providing
 2467         requirements for risk protection orders; requiring the
 2468         court to inform a respondent of his or her right to
 2469         request a certain hearing; authorizing temporary ex
 2470         parte orders under certain circumstances; providing
 2471         requirements for petitions for such ex parte orders;
 2472         providing for service of orders; providing for the
 2473         termination or extension of an order; providing for
 2474         the surrender and storage of firearms, ammunition, and
 2475         licenses to carry a concealed weapon or firearm after
 2476         issuance of a risk protection order; requiring law
 2477         enforcement agencies to develop certain policies and
 2478         procedures; providing for return of firearms and
 2479         ammunition upon the vacating or end without the
 2480         extension of an order under certain circumstances;
 2481         authorizing a respondent to elect to transfer all
 2482         firearms and ammunition surrendered or seized by a law
 2483         enforcement agency to another person under certain
 2484         circumstances; requiring a clerk of the court to
 2485         forward a copy of a risk protection order to the
 2486         appropriate law enforcement agency within a specified
 2487         timeframe; requiring the law enforcement agency to
 2488         enter the order into the Florida Crime Information
 2489         Center and the National Crime Information Center
 2490         systems; requiring that the order be maintained in the
 2491         systems for a specified period and prohibiting a law
 2492         enforcement from removing an order from the systems
 2493         which has not ended or been vacated; providing that
 2494         entry of an order into the systems constitutes notice
 2495         to law enforcement agencies; requiring an issuing
 2496         court to forward specified information concerning a
 2497         respondent to the Department of Agriculture and
 2498         Consumer Services within a specified timeframe;
 2499         requiring the department to suspend a license to carry
 2500         a concealed weapon or firearm which is held by a
 2501         person subject to such an order; prohibiting a person
 2502         from making a false statement under oath; providing
 2503         criminal penalties; prohibiting violations of such an
 2504         order; providing criminal penalties; providing
 2505         construction; providing that the risk protection order
 2506         provisions do not create liability for certain acts or
 2507         omissions; requiring the Office of the State Courts
 2508         Administrator to develop and distribute certain
 2509         instructional and informational material; amending
 2510         836.10, F.S.; prohibiting a person from making,
 2511         posting, or transmitting a threat to conduct a mass
 2512         shooting or an act of terrorism in a writing or other
 2513         record in any manner that would allow another person
 2514         to view the threat; providing criminal penalties;
 2515         amending 921.0022, F.S.; conforming a provision to
 2516         changes made by the act; creating s. 943.082, F.S.;
 2517         requiring the Department of Law Enforcement, in
 2518         collaboration with the Department of Legal Affairs, to
 2519         competitively procure a mobile suspicious activity
 2520         tool with certain features; requiring the department
 2521         to receive certain electronic reports; requiring the
 2522         reporting tool to notify the reporting party of
 2523         certain information; requiring the forwarding of
 2524         certain information to appropriate law enforcement
 2525         agencies; requiring that certain entities be made
 2526         aware of the reporting tool; requiring the department,
 2527         in collaboration with certain entities, to develop and
 2528         provide certain training and awareness relating to the
 2529         reporting tool; creating s. 943.687, F.S.; creating
 2530         the Marjory Stoneman Douglas High School Public Safety
 2531         Commission within the Department of Law Enforcement;
 2532         requiring the commission to convene by a certain date;
 2533         specifying the composition of the commission;
 2534         requiring Department of Law Enforcement staff to
 2535         assist the commission; specifying meeting
 2536         requirements; authorizing reimbursement for per diem
 2537         and travel expenses; providing the duties and
 2538         authority of the commission; requiring the commission
 2539         to submit an initial report to the Governor and the
 2540         Legislature within a specified time; providing for the
 2541         expiration of the commission; creating s. 1001.212,
 2542         F.S.; creating the Office of Safe Schools within the
 2543         Department of Education; providing duties of the
 2544         office; amending s. 1002.32, F.S.; conforming a cross
 2545         reference; amending s. 1006.04, F.S.; revising the
 2546         purpose and duties of the educational multiagency
 2547         network for students with emotional and behavioral
 2548         disabilities; amending s. 1006.07, F.S.; revising
 2549         district school board duties relating to student
 2550         discipline and school safety; requiring students to
 2551         note referrals to mental health services upon initial
 2552         registration for school within a school district;
 2553         authorizing a district school board to refer a student
 2554         to certain mental health services under certain
 2555         circumstances; revising the code of student conduct
 2556         relating to the referral of certain students to
 2557         certain mental health services and law enforcement;
 2558         providing requirements for student crime watch
 2559         programs; revising the policies and procedures for
 2560         emergency drills to include drills for active shooter
 2561         and hostage situations; providing requirements for
 2562         such drills; revising requirements for the emergency
 2563         response policy; requiring model emergency management
 2564         and emergency preparedness procedures for active
 2565         shooter situations; requiring school districts to
 2566         establish a schedule to test emergency communication
 2567         systems; requiring district school superintendents to
 2568         establish certain policies and procedures relating to
 2569         the prevention of violence on school grounds and
 2570         designate a school safety specialist for the school
 2571         district; providing requirements and duties for school
 2572         safety specialists; providing school safety specialist
 2573         requirements relating to the required school security
 2574         risk assessments; requiring each district school board
 2575         to establish a threat assessment team at each school
 2576         within the district; providing requirements and duties
 2577         for threat assessment teams; authorizing a threat
 2578         assessment team to obtain certain criminal history
 2579         record information under certain circumstances;
 2580         prohibiting a member of a threat assessment team from
 2581         disclosing or using such information except for a
 2582         specified purpose; authorizing certain entities to
 2583         share specified confidential information and records
 2584         relating to students for specified purposes;
 2585         authorizing school personnel to address an immediate
 2586         mental health or substance abuse crisis; providing
 2587         requirements for addressing such situations; providing
 2588         threat assessment team reporting requirements;
 2589         amending s. 1006.08, F.S.; requiring a district school
 2590         superintendent to be notified by the court of a
 2591         student referred to mental health services; amending
 2592         s. 1006.12, F.S.; requiring district school boards to
 2593         establish or assign safe-school officers at each
 2594         district school facility within the district;
 2595         requiring school resource officers and school safety
 2596         officers to undergo specified evaluations; specifying
 2597         that participation in the school marshal program meets
 2598         the requirement, if such a program is available;
 2599         amending s. 1006.13, F.S.; revising the policy of zero
 2600         tolerance for crime and victimization; providing
 2601         district school board responsibilities; authorizing a
 2602         threat assessment team to use specified alternatives
 2603         to expulsion or referral to law enforcement to address
 2604         disruptive behavior; providing requirements for zero
 2605         tolerance policies; requiring a threat assessment team
 2606         to consult with law enforcement under certain
 2607         circumstances; creating s. 1006.1493, F.S.; requiring
 2608         the department to contract with a security consulting
 2609         firm to develop, update, and implement a risk
 2610         assessment tool; providing requirements for the
 2611         Florida Safe Schools Assessment Tool; requiring
 2612         reports, training, and advice in the security
 2613         consulting firm contract; requiring a specified annual
 2614         report to the Governor and Legislature by a specified
 2615         date; providing for construction regarding the
 2616         applicability of public records exemptions for certain
 2617         security data and information; amending s. 1011.62,
 2618         F.S.; authorizing a district school board to use
 2619         certain categorical appropriations to improve school
 2620         safety; revising the safe schools allocation; creating
 2621         the mental health assistance allocation; providing the
 2622         purpose of the allocation; requiring that funds be
 2623         allocated annually in the General Appropriations Act;
 2624         providing for the annual allocation of such funds on a
 2625         specified basis; providing that eligible charter
 2626         schools are entitled to a proportionate share;
 2627         prohibiting the use of allocated funds to supplant
 2628         funds provided from other operating funds, to increase
 2629         salaries, or to provide bonuses, except in certain
 2630         circumstances; requiring that school districts and
 2631         schools maximize certain third-party funding;
 2632         requiring that school districts and charter schools
 2633         annually develop and submit certain detailed plans;
 2634         requiring that approved charter school plans be
 2635         provided to the district for submission to the
 2636         commissioner; providing that required plans must
 2637         include certain elements; requiring school districts
 2638         to annually submit approved plans to the Commissioner
 2639         of Education by a specified date; requiring that
 2640         entities receiving such allocations annually submit a
 2641         final report on program outcomes and specific
 2642         expenditures to the commissioner by a specified date;
 2643         creating s. 1012.584, F.S.; requiring the department
 2644         to establish a youth mental health awareness and
 2645         assistance training program for specified purposes;
 2646         providing department and program requirements;
 2647         requiring certain school personnel to receive such
 2648         training; requiring the school safety specialist to
 2649         ensure certain personnel receive such training;
 2650         requiring school districts to inform such personnel of
 2651         the mental health services available in the district;
 2652         providing appropriations for specified purposes;
 2653         reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.;
 2654         relating to the confidentiality of court records and
 2655         exceptions to the prohibition of registration of
 2656         firearms, respectively, to incorporate the amendment
 2657         made to s. 790.065, F.S., in references thereto;
 2658         providing appropriations; reenacting ss. 794.056 and
 2659         938.085, F.S.; relating to the Rape Crises Program
 2660         Trust Fund and additional cost to fund rape crises
 2661         centers, respectively, to incorporate the amendment
 2662         made to s. 836.10, F.S.; providing appropriations;
 2663         providing effective dates.